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City Council Packet 2011 01-11-11 C/Ty o United City of Yorkville All 711 EST. -1 ,gas 800 Game Farm Road -- Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 �r NngeA COMy �� AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday, January 11, 2011 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Wally Werderich Gary Golinski Marty Munns Rose Ann Spears George Gilson, Jr. Arden Joe Plocher Robyn Sutcliff Diane Teeling Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: 6:30 p.m., January 18, 2011 City Hall Conference Room Economic Development Committee: 6:30 p.m., February 1, 2011 City Hall Conference Room Administration Committee Meeting: 6:00 p.m., January 20, 2011 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., January 27, 2011 City Hall Conference Room Presentations: City Council Meeting Agenda January 11, 2011 Page 2 --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Public Hearings: --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Citizen Comments: Consent Agenda: Plan Commission/Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council—October 26, 2010, November 9, 2010, and November 23, 2010 Bill payments for approval from the current Bill List(Corrections and Additions): Checks total these amounts: $ 614,247.07 (vendors) $ 223,142.22 (payroll period ending 1/l/11) $ 837,389.29 (total) Reports: Mayor's Report: 1. CC 2010-104 Park Naming Request—Marge Cline 2. CC 2010-114 Ordinance Approving a Land Lease Agreement with Verizon Wireless (225 Wheaton Avenue, Wheaton Woods Park)—Second Reading 3. CC 2010-111 Tax Abatement Ordinances a. Ordinance Abating the Tax Hereto Levied for the Year 2010 to Pay the Principal of and Interest on $3,500,000 General Obligation Bonds (Alternate Revenue Source), Series 2004B (Countryside Interceptor) b. Ordinance Abating the Tax Hereto Levied for the Year 2010 to Pay the Principal of and Interest on $3,020,000 General Obligation Bonds (Alternate Revenue Source), Series 2007A (Refinance 2003A) c. Ordinance Abating the Tax Hereto Levied for the Year 2010 to Pay the Principal of and Interest on $11,300,000 General Obligation Bonds (Alternate Revenue Source), Series 2005D (Rob Roy Creek) d. Ordinance Abating the Tax Hereto Levied for the Year 2010 to Pay the Principal of and Interest on $2,020,000 General Obligation Bonds (Alternate Revenue Source), Series 2008 (Refinance Rob Roy Creek) e. Ordinance Abating the Tax Hereto Levied for the Year 2010 to Pay the Principal of and Interest on $3,825,000 General Obligation Bonds (Alternate Revenue Source), Series 2005A (In-Town Road Program) City Council Meeting Agenda January 11, 2011 Page 3 Reports (con't): 4. CC 2011-01 Approval of a Revised Early Retirement Proposal 5. CC 2011-02 Resolution Providing for and Requiring the Submission of a Proposition to Impose a Non-Home Rule Municipal Retailers' Occupation Tax and Service Occupation Tax in the Amount of 1% to the Voters of the United City of Yorkville at the General Election to be held on April 5, 2011 6. CC 2011-03 State of the City Address City Council Report: City Attorney's Report: City Clerk's Report: City Treasurer's Report: City Administrator's Report: Director of Parks & Recreation Report: Finance Director's Report: City Engineer's Report: Director of Public Works Report: Chief of Police Report: Community Development Director Report: Community Relations Officer: Community & Liaison Report: Committee Reports: Public Works Committee Report: 1. PW 2010-75 Proposed Revisions/Clarifications to Letter of Credit Policy a. Ordinance Amending the City Code Providing for the Posting of Improvement Securities Prior to the Issuance of a Building Permit b. Ordinance Amending the City Code Amending the Requirements for the Posting of Maintenance Bonds c. Resolution Amending Resolution Number 2009-40 Clarifying the Policy on the Release of Security for Land Improvements Economic Development Committee Report: 1. No report. Public Safety Committee Report: 1. No report. Administration Committee Report: 1. No report. City Council Meeting Agenda January 11, 2011 Page 4 Additional Business: Executive Session: 1. For litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES ------------------------------------- PUBLICWORKS!------------------ -------- -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Committee Departments Liaisons Chairman: Alderman Plocher Public Works Park Board Vice-Chairman: Alderman Gilson Engineering YBSD Committee: Alderman Munns Parks and Recreation Committee: Alderman Teeling ----------------------------------------------------- IECONOMIC DEVELOPMENT- EVELOPMENT; ------------------ ------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------------------- Committee Departments Liaisons Chairman: Alderman Golinski Community Development Plan Commission Vice-Chairman: Alderman Spears Building Safety and Zoning Yorkville Econ. Dev. Corp. Committee: Alderman Werderich Kendall Co. Plan Commission Committee: Alderman Sutcliff I-------------------------------------- PUBLIC SAFETY. -------------------______=______-__=_--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Committee Departments Liaisons Chairman: Alderman Werderich Police Human Resource Comm. Vice-Chairman: Alderman Munns School District Committee: Alderman Spears Committee: Alderman Plocher --------------------------------------------- ADMINISTRATION; -------------------------- ------- - -------- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Committee Departments Liaisons Chairman: Alderman Sutcliff Finance Library Vice-Chairman: Alderman Teeling Administration Committee: Alderman Gilson Committee: Alderman Golinski UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, January 11, 2011 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: ----------------------------------------------------------------------------------------------------------------------------------------- 1. City Council—October 26, 2010 ❑ Approved ❑ As presented ❑ As amended 2. City Council—November 9, 2010 ❑ Approved ❑ As presented ❑ As amended 3. City Council—November 23, 2010 ❑ Approved ❑ As presented ❑ As amended ---------------------------------------------------------------------------------------------------------------------------------------- BILL LIST: ----------------------------------------------------------------------------------------------------------------------------------------- ❑ Approved ❑ As presented ❑ As amended ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2010-104 Park Naming Request—Marge Cline ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2010-114 Ordinance Approving a Land Lease Agreement with Verizon Wireless— Second Reading ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. CC 2010-111 Tax Abatement Ordinances a. Ordinance Abating Tax on $3,500,000 G.O. Bonds, Series 2004B (Countryside Interceptor) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes b. Ordinance Abating Tax on $3,020,000 G.O. Bonds, Series 2007A (Refinance 2003A) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes c. Ordinance Abating Tax on $11,300,000 G.O. Bonds, Series 2005D (Rob Roy Creek) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes d. Ordinance Abating Tax on $2,020,000 G.O. Bonds, Series 2008 (Refinance Rob Roy Creek) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes e. Ordinance Abating Tax on $3,825,000 G.O. Bonds, Series 2005A (In-Town Road Program) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 4. CC 2011-01 Approval of a Revised Early Retirement Proposal ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 5. CC 2011-02 Resolution Providing for a Non-Home Rule Sales Tax Referendum ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 6. CC 2011-03 State of the City Address ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- REPORTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2010-75 Proposed Revisions/Clarifications to Letter of Credit Policy a. Ordinance Amending City Code Providing for the Posting of Improvement Securities Prior to the Issuance of a Building Permit ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes b. Ordinance Amending City Code Amending the Requirements for the Posting of Maintenance Bonds ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes b. Resolution Amending Resolution No. 2009-40 Clarifying the Policy on the Release of Security for Land Improvements ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- C/,- Reviewed By: Agenda Item Number g! O Legal ❑ Minutes 1836 EST. _ Finance F1 Engineer El Tracking Number 0 �rl ` City Administrator ❑ `-Aye— �0 Public Works ❑ Ne R c—y d<kE ,d�i� City Clerk ■ Agenda Item Summary Memo Title: Minutes of City Council—October 26, 2010 Meeting and Date: City Council— 1/11/11 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Lisa Pickering Deputy City Clerk Name Department Agenda Item Notes: DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS 800 GAME FARM ROAD ON TUESDAY,OCTOBER 26,2010 Mayor Burd called the meeting to order at 7:03 p.m.and led the Council in the Pledge of Allegiance. ROLL CALL Deputy Clerk Pickering called the roll. Ward I Gilson Present Werderich Present Ward I I Golinski Present Plocher Present(arrived at 7:10) Ward 111 Munns Present Sutcliff Present Ward IV Teeling Present Spears Present Also present: Deputy City Clerk Pickering,City Treasurer Powell,Attorney Gardner,City Administrator/Interim Director of Park and Recreation Olson,Police Chief Hart,Deputy Police Chief Hilt,Finance Director Fredrickson,City Engineer Wywrot,Community Relations Officer Spies,and Community Development Director Barksdale-Noble. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Alderman Sutcliff asked if she could add a presentation onto the agenda for the Jail of the Dead Haunted House. Amendment approved unanimously by a viva voce vote. COMMITTEE MEETING DATES Public Works Committee Meeting: 6:00 p.m.,November 16,2010 City Hall Conference Room Economic Development Committee: 6:30 p.m.,November 2,2010 City Hall Conference Room Administration Committee Meeting: 6:00 p.m.,November 18,2010 City Hall Conference Room Public Safety Committee Meeting: 6:00 p.m.,October 28,2010 City Hall Conference Room PRESENTATIONS Veolia Environmental Services—Refuse Service Q&A Jim Alderman,the General Manager of Veolia of Batavia,was present to answer any questions that the City Council members or residents had about the service that they are receiving from Veolia. He emphasized that Veolia's customer service center is located in Batavia and is not in a customer call center located out of state. He said that Veolia's customer service center is scored nationally by a third party company which uses a grading scale of 0-100. Veolia is consistently rated in the top 5 in their region and they usually score 98 out of 100. He wanted to reiterate to residents that it is very important that all of their products be placed out on the curb by 6 a.m.on garbage day. Mr.Alderman also mentioned that Veolia's transfer station in Batavia now accepts wood products and they are working with third party vendors who want to take the wood. He said that if anyone was experiencing any service issues,that they should call Veolia's customer service center right away. Alderman Gilson said that he had called several The Minutes of the Re¢ular Meetine of the City Council—October 26,2010—paae 2 times about trucks that bring the garbage up overhead. He said that when the trucks do that,the garbage flies out. He wondered if Veolia had looked at some alternative forms of technology to prevent that from happening,such as side loading trucks. Mr.Alderman said that side loading trucks are an option; however,there are weight issues with those. On windy days,he said that the drivers could use short buckets,which means that they would not put as much trash in the bucket before they dump it. He stated that Veolia is continuing to work on the length of the flap that is located in the bucket. The purpose of the flap is that when the garbage gets dumped,the flap comes up and is designed to prevent the winds from swirling the garbage around. Alderman Gilson mentioned that when he has called,Veolia has responded quickly and he appreciates it. Jail of the Dead Haunted House Alderman Sutcliff gave a presentation on the Jail of the Dead Haunted House located in the Old Jail. She began by saying that the city had purchased the Old Jail at no cost to the city through grants and IDOT money. In a short period of time,the inside of the jail was cleaned up through a lot of community involvement. She felt that people seemed to really want the structure to be a part of the community. Alderman Sutcliff said that she was proud to have been a part of making the building into a haunted house and had found it to be such a positive experience for everyone involved. She introduced the director of the haunted house,Tam O'Connell and also Mike O'Connell,Howard Manthei,and Marianne Manthei. who were all volunteering at the haunted house. Additionally,she said that there were approximately 30 students who were volunteering as zombies. Alderman Sutcliff said that they were really pleased with the turnout of approximately 1100 people who went through the haunted house in the three days that they were open over the weekend. Anyone who had not yet seen the Jail of the Dead was invited to come out on Halloween weekend to enjoy a tour. The haunted house hours for younger children would be from 4— 6 p.m.on Friday,Saturday and Sunday and then from 7—10 p.m.,the zombies would come out to scare everyone going through the haunted house. Alderman Sutcliff then showed a video of the haunted house. After the video finished,Mayor Burd thanked Harold Oliver for his help with the lead removal from the old jail during the cleanup process. PUBLIC HEARINGS None. CITIZEN COMMENTS Jim Olson spoke regarding the vacation of Jefferson and Ridge Streets. He asked if the City Council would table their vote until they talked to Kendall County to find out the county's plans for the vacated roadway. CONSENT AGENDA None. PLAN COMMISSION/ZONING BOARD OF APPEAL Director Barksdale-Noble said that the next Plan Commission meeting would be held November 10 at 7:00 p.m.at the Yorkville Library. She said that an agenda and packet would be posted on the city's website before the meeting. MINUTES FOR APPROVAL None. BILLS FOR APPROVAL A motion was made by Alderman Sutcliff to approve the paying of the bills listed on the Detailed Board Report dated October 19,2010, totaling the following amounts:checks in the amount of$3,798,272.70 (vendors);$6799.14(payroll period ending 9/30/2010),and$238,204.30(payroll period ending 10/09/2010);for a total of$4,043,276.14;seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-8 Nays-0 Plocher-aye,Spears-aye,Munns-aye,Sutcliff-aye, Gilson-aye,Teeling-aye,Golinski-aye,Werderich-aye REPORTS MAYOR'S REPORT Resolution 2010-28 Participation in the Clean Air Counts Initiative (CC 2010-80) The Minutes of the Regular Meeting of the City Council—October 26 2010—Page 3 Mayor Burd entertained a motion to approve a resolution of participation in the Clean Air Counts Initiative and authorize the Mayor and City Clerk to execute all documents. So moved by Alderman Sutcliff;seconded by Alderman Plocher. Mayor Burd explained that staff member Jackie Dearborn had worked on this project very diligently. The city was going for a Gold level designation based on things that the city has already accomplished. She reminded everyone that the city is a member of the Metropolitan Mayor's Caucus and the council has previously endorsed the Caucus's greenest region compact which calls for reductions in air pollution and this project shows how we have gone about trying to do that. Motion approved by a roll call vote. Ayes-8 Nays-0 Golinski-aye,Teeling-aye,Gilson-aye,Sutcliff-aye, Munns-aye,Spears-aye,Plocher-aye,Werderich-aye Budget Update (CC 2010-81) Mayor Burd said that City Administrator Olson was going to give the City Council a budget update. She said that Administrator Olson's report(see attached)did a very good job outlining what the city is facing because of the recession and the things that the City Council had agreed to previous to the crash. She felt that it was very important to go over the state of the budget at this time. Mayor Burd said that she hears a lot about fiscal responsibility from her constituents who wonder why the city doesn't just tighten its belt. The report explains the challenges the city is facing,and why some of these issues cannot be fixed by tightening the city's belt. She asked City Administrator Olson to talk about the budget memo that was included in the city council packets. Administrator Olson said that he was currently predicting that the general fund for 2010/2011 would end up with a deficit of$198,000. A couple of items that changed since the original budget was approved were that the City Council chose not to seek reimbursement from the library for services that city staff is providing to the library and additionally,at the last City Council meeting,the council indicated that they wanted to repeal the amusement tax. Mr.Olson said that he is predicting a$400,000 deficit for the 2011/2012 fiscal budget. He stated that this was a very preliminary figure at this time. He mentioned that one positive point is that the city is seeing growth in sales tax and is one of the only communities in the state that is still growing. He explained that if they are able to improve the budget this year,it will also help in the next budget year if the cuts are permanent and not just a one-time cut. Administrator Olson explained that the city's water fund has a lot of debt because the city built a lot of projects and also had some state mandates that cost the city millions of dollars. To pay for these mandates,the city did not raise water rates nor did the city pass those costs onto the consumers. At the time,it was decided that at the level of growth that the city was at,the city would finance this. Eventually the growth stopped and the city's water department was in deficit and unable to meet its capital expenditures. The city council approved the water fee of$8.25 per month peruser,which has helped to meet the debt obligations in this fund. Mr.Olson further explained that the sewer fund was not in as good of shape as the water fund. He stated that next year the city will face 2.7 million dollars in debt obligations. He said that most of those obligations were supposed to be paid for by sewer connection fees which are fees that are paid for at the time of building permit by home builders. The second type of sewer connection fees,which are also paid at the time of building permit by the home builders,is the sewer maintenance fees which are on residents' water bills and also capital fees from YBSD. Administrator Olson explained that when a developer comes to the city and wants to annex into the sanitary district,the developer pays an annexation fee to the sanitary district,their own permit fees and an infrastructure participation fee. He said that the largest debt obligation in the sewer fund is for the Rob Roy Creek Interceptor. The original bond was in the amount of$11,000,000. This bond has already been refinanced once as the city did not have a way at that time to make the principal payment. Mr.Olson further explained that the sewer fund is an enterprise fund,which means that it should be run as a business with the revenues offsetting the expenses. It is not a good budgetary practice to cut from somewhere else in the budget and transfer money into the sewer fund. Mayor Burd mentioned that people question her as to why the city is obligated for these sewer bonds; they wonder why the sanitary district isn't paying for these. Administrator Olson explained that for the most part all the debt that we took on for sewer is because the city was driving growth. It was decided at the time that the city would take on the administrative and bonding burdens. The city would pay for the sewer bonds by passing the fees onto the builders. It was planned that in later years,after the sewer was in,the city would transfer ownership to the sanitary district and everything would be paid for and done. The Minutes of the Regular Meeting of the City Council—October 26,2010—page 4 The city did that of its'own volition so we now have this burden to meet. If 1200 homes were built next year,we would not have to pass on sewer cost to our users. The problem is only going to get worse in future years as debt obligations increase. Options to meet this obligation are passing another maintenance fee or refinancing some of the bonds. With the Rob Roy Creek bond the city can refinance it down; however,refinancing means that the city will pay a lot of additional interest. The choices are that we can either decrease the city's burden now and pass the cost onto future residents or we can take some of the hit now.Mr.Olson stressed that these decisions were not done lightly or without good reason. No one could have predicted the greatest economic collapse in 70-80 years of American history. All of the city's funding mechanisms have failed;however,the city does have 2-3 new water towers and miles of sewers. When these are paid off,the city will have a great asset for future developers. Mayor Burd asked everyone to please review the budget report carefully so that they could share their thoughts at the next Administration Committee meeting. She said that the city council would be talking about this going forward. Tax Levy Estimate (CC 2010-82) Mayor Burd said that the city council has to set the tax levy every year. She asked Administrator Olson to explain this item. Mr.Olson said that the first step in the process is for the City Council to set the initial amount of the tax levy to be discussed at the public hearing. He said that the amount that he is recommending is$3,424,964. Mayor Burd entertained a motion to approve a tax levy estimate for 2010,to be used for purposes of conducting a public hearing on the tax levy in the amount of$3,424,964. So moved by Alderman Sutcliff;seconded by Alderman Plocher. City Administrator Olson explained that the city is not doing anything different than what it does every year. The city is asking for the maximum allowed under the tax cap. The city usually levies for more than the cap to make sure that we capture everything that we are allowed under the cap. The difference this year compared to previous years is that property values have decreased so the rate is going to go up. What each person is going to pay is based on their share of the total property tax levy. The rate also depends on any new construction that comes into town. The dollar amount of the new construction is still unknown. Administrator Olson stated that he based the amount of the tax levy estimate on ten million dollars in new construction. Alderman Golinski asked Administrator Olson if he remembered the dollar amount of new property last year. Mr.Olson stated that he thought it was approximately twenty-four million dollars. Alderman Gilson questioned what the minimum cap was. Mr.Olson said that there isn't a minimum cap. Until the city becomes home rule,the issue is that there are diminishing returns when you decrease the levy a lot in one year. He said that basically the city is limited in what it can ask for in following years. Alderman Gilson asked if the city has taken in the maximum cap for the past five years. Administrator Olson said that the city has asked for the maximum amount for the past twelve years with the exception of one year when there was a conscious decision of the City Council to reduce the levy and another year when there was some kind of estimate error and the city received less than the cap. Motion approved by a roll call vote. Ayes-6 Nays-2 Munns-aye,Spears-aye,Plocher-aye,Werderich-nay, Golinski-aye,Teeling-aye,Gilson-nay,Sutcliff-aye, CITY COUNCIL REPORT Amending the Code of Ordinances Repealing the Amusement Tax CC 2010-78 Alderman Spears made a motion to approve an Ordinance Amending the Code of Ordinances Repealing the Amusement Tax and authorize the Mayor and City Clerk to execute;seconded by Alderman Golinski. Alderman Sutcliff commented that with the situation with the budget,it would be irresponsible not to continue with this particular tax. Alderman Sutcliff made a motion to table this item indefinitely; seconded by Alderman Teeling. The Minutes of the Regular Meetine of the Citv Council—October 26,2010—naae 5 Motion defeated by a roll call vote. Ayes-3 Nays-5 Spears-nay,Plocher-nay,Werderich-nay,Golinski-nay, Teeling-aye,Gilson-nay,Sutcliff=aye,Munns-aye Alderman Teeling said that in light of the budget update that the council had just received they can't cut off all revenue streams. She feels that this tax is not on all of the city's residents;its only on residents who use those services. Alderman Gilson said that there is in error in that kind of thinking;if you tax the businesses,the tax is going to reflect on the price and trickle down to the residents. Alderman Spears agreed with Alderman Gilson that the tax will be passed on to the city's residents and would also discourage additional businesses from coming in. She feels that the budget still has non- essential areas that should be cut. She said that this tax was enacted because a sports complex was supposed to locate here in Yorkville and generate millions of people who would come to Yorkville. She said that in the meantime we penalized the three businesses who were already operating here. She feels that the responsible thing to do is to rescind the tax. Alderman Sutcliff stated that there are only three businesses in town that will be paying the recreation tax. She said that when you use a recreation facility,there would only be a minimal three percent tax on that facility. She explained that if you go anywhere else in town and purchase something,then you pay sales tax on the item that you are purchasing. Sales tax is much higher than the amusement tax is and the amusement tax is only passed along to customers who are using those particular services. As far as driving away businesses,she mentioned that this is a very common tax in municipalities who are not home rule. She also felt that in the long run,there may be more recreation type businesses coming to Yorkville with the opening of the white water rafting facility. Alderman Golinski said that one of the best ways out of this budget mess was to encourage new businesses to come to the city. He felt that the amusement tax would deter businesses. Alderman Plocher said that the amusement tax was projected to bring in$25,000 this year and$125,000 next year. He said that the city is running skeleton crews already and has also cut many projects. He feels that if this tax is repealed it may mean further cuts to staff which will make it difficult for the city to provide the services that it must provide to its residents. Alderman Werderich stated that he is against this tax. He feels that residents of Yorkville are mainly the users of these businesses and these residents are the ones that the tax will be passed onto. He thinks that this is hitting residents in the wallet at a very bad time. Alderman Plocher agreed that he doesn't want to tax anyone,but if the city is looking at a$400,000 deficit,then they are going to have to tax somewhere. He said that he would rather a few take the burden then everybody because there are people right now who can't afford it. Mayor Burd pointed out that a few comments had been made about how this tax would stop new businesses from coming to town. She mentioned that Raging Waves had come into town and voluntarily agreed to pay a five percent admissions tax. She doesn't feel that there is a correlation between this tax and people not coming to town. She said that the Village of Oswego,which is home rule,has had an overall increase in their total sales tax revenue;however,Yorkville can't do that. She explained that this is a tax that is only on certain services that are not powered by a sales tax;businesses like golf,rental for any sports equipment,amusement devices. She also pointed out that Raging Waves estimates that over fifty percent of the people who use their facility and will pay this amusement tax,are not city residents,so she feels that out of all of the taxes that they could possibly pass,this one would have the least impact on residents of the city. Alderman Gilson clarified that the figures were based on just Raging Waves and not the other businesses. Mayor Burd said that she was basing this on the fact that Raging Waves is the biggest one;however,she feels that anything tied to the whitewater park would also bring in people from outside the community. Alderman Golinski commented that he feels that Raging Waves is a poor example because the five percent that they pay was used for infrastructure,so fifty-five percent of that is rebated back. The Minutes of the Regular Meeting of the Citv Council—October 26,2010—Page 6 Alderman Spears pointed out that according to Article D of the Amusement Tax ordinance,the city can also tax circuses,rodeos,sports or games,wrestling,tennis,racquetball,handball,dancing,swimming, racing;she asked if the city should be imposing a tax on the Sweetness Run or any other race that the city holds. Administrator Olson replied that the Sweetness Run and races that the city holds are non-profit; therefore,they are exempt. Alderman Spears felt that the city is directly competing with some of these businesses. Alderman Munns commented that someone has to pay this eventually whether its businesses or residents and if there is a better way to pay for this then he wishes that someone would tell him. He said that eventually someone has to pay the taxes so that the city can still provide services. Alderman Spears called the question;seconded by Alderman Gilson. Motion approved by a roll call vote. Ayes-8 Nays-0 Plocher-aye,Werderich-aye,Golinski-aye,Teeling-aye, Gilson-aye,Sutcliff-aye,Munns-aye,Spears-aye Mayor Burd stated that the original motion was on the table. Original Motion defeated by a roll call vote. Ayes-4 Nays-5 Teeling-nay,Gilson-aye,Sutcliff-nay,Munns-nay,Spears-aye Plocher-nay,Werderich-aye,Golinski-aye,Burd—nay Discussion on Ward Communications CC 2010-83 Alderman Teeling said that a resident had called her concerned about an email that Alderman Spears had sent out regarding an article about Yorkville that had been published in Crain's Business. Additionally, the resident said that the reporter had told them that the City Administrator and the Mayor contacted the reporter to arrange this interview. Alderman Teeling stated that she had contacted the reporter directly to check on this and that this was untrue. She said that the reporter's name was Lee Murphy and she had his phone number if anyone wanted to call and verify this directly with the reporter. She said that Mr. Murphy had called the city to ask questions about this article. Alderman Teeling stated that the reason that she was bringing this issue up is that the city has residents that are upset already and she feels that when there is misinformation,rumors and innuendoes going out to the residents against the city and the administration that she thinks this is wrong. In her opinion,the council needs to restore confidence in the city government and not tear it down. Alderman Sutcliff handed out page 3 of the governing ordinance relating to ethics. She said that it was part of the aldermen's job to maintain confidence in city government. She feels that the aldermen should look at the ethical standards and be positive when speaking to residents. There was discussion amongst the elected officials about if the aldermen had received a copy of the article and the timeline as to when they had received it and from whom. It was questioned as to whether Mayor Burd or City Administrator Olson had made a comment to the reporter about Grande Reserve being a zombie subdivision. The article was produced and it was found that it was the reporter who had made the comment(see attached article). Some of the aldermen were concerned that the article did not present the city in a positive light. Mayor Burd said that city officials cannot control what the press writes about. Newspapers are entitled to write stories in their own way. She said that when she is interviewed, she tries hard to make positive statements;however,she cannot dictate what the press chooses to write about in their articles. Alderman Sutcliff said that she felt that all of the elected officials have a responsibility to follow the governing ordinance and to be ethical. Alderman Munns commented that he also agreed that the elected officials should follow the city's governing ordinance. Alderman Plocher felt that all of the bickering back and forth between the elected officials is what would deter people from moving to Yorkville,not how one article was written by a reporter. Alderman Spears asked if this item could be placed on another agenda for further discussion. Alderman Werderich asked that if this item came back,if the discussion could be tailored to just the article and not ward communications in general. Alderman Teeling stated that the only reason that she had brought the item up is because someone had asked her to look into it. She feels that the elected officials should make sure that the information that they are reporting to residents is accurate. It was the consensus that this item would return to the November 9,2010 City Council agenda for further discussion. The Minutes of the Reaular Meetin¢of the City Council—October 26,2010—na¢e 7 City Concessions CC 2010-84 Alderman Golinski wanted to clarify the dollar amount that the city makes on the concession stands. He said this was brought up at the last city council meeting and Administrator Olson had given the dollar amount of$33,000 revenue minus$18,000 in expenses. Alderman Golinski said that the salaries had been left out of that figure. He said that someone had written in the paper that the city makes$30,000 a year in concessions. He explained that the last audited budget showed a profit of approximately$2,089 and every year prior to that showed a deficit. Since fiscal year 03/04,the concessions have run a deficit of just under$21,000. CITY ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTRATOR'S REPORT No report. DIRECTOR OF PARKS&RECREATION'S REPORT No report. FINANCE DIRECTOR'S REPORT Director Fredrickson reported that the field work for this year's audit is scheduled to begin on December 6,2010. CITY ENGINEER'S REPORT City Engineer Wywrot reported that last week the city issued a site development permit to Wrigley. He said that Wrigley is trying to improve security at their facilities nationwide and for their Yorkville location,that involves construction of a guard building. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR REPORT Director Barksdale-Noble reported that Fire Marshal Jeremy Caravan of the Bristol-Kendall Fire Protection District wanted to invite the elected officials,city staff,and members of the public to attend a training demonstration on Friday,October 29,2010 at 10:00 a.m.at the Hoover Forest Preserve. The fire district will be conducting a live burn on a building to demonstrate the benefits of having a fire suppression system. COMMUNITY RELATIONS OFFICER'S REPORT Community Relations Officer Spies reported that the Holiday Under the Stars event would be held on Friday,November 19,2010 from 5:00 p.m.—9:00 p.m. She wanted to let everyone know that beginning now and during the event,there is a cold weather drive to collect cold weather gear such as coats,mittens, hats,gloves,etc.for the Kendall County Food Pantry. Items can be dropped off at the Silver Dollar Restaurant,Parkview Christian Academy,City Hall,and the Rec Center. She also mentioned that on the city's website,there is a survey regarding recreational vehicles in driveways. COMMUNITY&LIAISON REPORT Jail of the Dead Alderman Sutcliff reported that the Jail of the Dead netted approximately$2300.00 in profit and that the money would be used toward restoration,insurance,and any incidental expenses for the jail. She encouraged everyone to come out the following weekend on Friday,Saturday,and Sunday evenings from 4-6 and 7-10. Alderman Golinski mentioned that he had attended several haunted houses last Saturday and he was thoroughly impressed with the Jail of the Dead. The Minutes of the Re¢ular Meetine of the City Council—October 26,2010—aaee 8 Eldercare Locator Alderman Spears reported that she received information regarding The Eldercare Locator,which is a free public service call center that serves as a nationwide link to information and services for older adults and caregivers. The Eldercare Locator is a service of the U.S.Administration on Aging. Older adults and caregivers may call the toll-free number at 800-677-1116 if they are looking for information about aging services in their community. Information specialists will help connect callers to a local agency in their specific area for information and assistance. Information can also be found online at www.eldercare.gov on their newly re-designed website. Northeastern Illinois Area Agency on Aging Alderman Spears,as liaison to the Northeastern Illinois Area Agency on Aging,reported that twenty-one states are challenging various provisions of the Patient Protection and Affordable Care Act,with the most frequent target being the law's requirement that virtually everyone obtain health insurance. Since the coverage mandate does not take effect until 2014,it is likely that the federal courts will have ruled on the issue before then. She also reported that as part of a supplemental appropriations bill,the U.S.house has approved a measure that would limit the ability of pharmaceutical companies to engage in"pay for delay" tactics. "Pay for delay"occurs when a brand-name drug manufacturer pays the current or potential manufacturer of a corresponding generic drug to keep the generic version off the market. The House approved the appropriations bill by a vote of 239—182. The bill will now return to the Senate,for consideration of the amendments made by the House,including the"pay for delay"provisions. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Ordinance Vacating Jefferson Street and a Portion of Ridge Street—Second Reading PW 2010-68 A motion was made by Alderman Plocher to approve an Ordinance Vacating Jefferson Street and a Portion of Ridge Street and authorize the Mayor and City Clerk to execute;seconded by Alderman Munns. Alderman Gilson asked if there would be any consequences if the City Council delayed voting as Mr.Jim Olson had suggested earlier in the meeting. Attorney Gardner said that on page two,paragraph 1.2(c)of the agreement for the Purchase of the Old Jail outlines the schedule for vacating the road. The schedule for vacating the road gives the city 30 days after the closing to initiate the road vacation proceedings and gives a time frame of 90 days to complete the vacation of the roads. He said that if the City Council wants his opinion as to what could happen if they delay,then he would prefer to address that in executive session. Alderman Gilson made a motion to table this item until after the council returns from executive session; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes-8 Nays-0 Werderich-aye,Golinski-aye,Teeling-aye,Gilson-aye, Sutcliff-aye,Munns-aye,Spears-aye,Plocher-aye USGS Shallow Well Agreement PW 2010-76 A motion was made by Alderman Plocher to approve the Well Drilling/Sampling Agreement between the United City of Yorkville and the U.S.Geological Survey(USGS)and authorize the Mayor and City Clerk to execute;seconded by Alderman Spears. There were no comments or questions. Motion approved by a roll call vote. Ayes-8 Nays-0 Sutcliff-aye,Munns-aye,Spears-aye,Plocher-aye, Werderich-aye,Golinski-aye,Teeling-aye,Gilson-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. The Minutes of the Regular Meeting of the Cite Council—October 26.2010—aage 9 ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Budget Update Alderman Golinski asked if the budget update was going to be on the Administration Committee for discussion and Mayor Burd confirmed that it would be. EXECUTIVE SESSION Mayor Burd entertained a motion to go into Executive Session for the purpose of: • For litigation,when an action against,affecting,or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal,or when the public body finds that an action is probable or imminent,in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. • 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. • For collective negotiating matters between the public body and its employees or their representatives,or deliberations concerning salary schedules for one or more classes of employees. So moved by Alderman Werderich;seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Plocher-aye,Werderich-aye,Golinski-aye, Teeling-aye,Gilson-aye,Sutcliff-aye,Munns-aye Mayor Burd stated that action would be taken after the executive session. The City Council entered into executive session at 8:49 p.m. The City Council returned to regular session at 9:40 p.m. Ordinance 2010-47 Vacating Jefferson Street and a Portion of Ridge Street—Second Reading PW 2010-68 Discussion of this item had been tabled earlier in the meeting until after the conclusion of the executive session. Mayor Burd stated that the original motion was on the table. She asked Administrator Olson to update the City Council regarding discussion of the road vacation with Kendall County. Administrator Olson said that City Engineer Wywrot had spoken with Kendall County Administrator Jeff Wilkins and was told that the county had no plans in the near future to change the layout of the site. Furthermore,he said that if they did decide to change the layout of the site,they are incorporated within city limits so they would be subject to the same codes and ordinances that any other builder would be. Motion approved by a roll call vote. Ayes-7 Nays-0 Present-2 Gilson-present,Sutcliff-aye,Munns-aye,Spears-present,Plocher-aye Werderich-aye,Golinski-aye,Teeling-aye,Burd-aye ADJOURNMENT Mayor Burd entertained a motion to adjourn the meeting. So moved by Alderman Munns;seconded by Alderman Spears. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 9:43 P.M. Minutes submitted by: Lisa Pickering, Deputy City Clerk,City of Yorkville,Illinois C/T` Reviewed By: Agenda Item Number 0-� Legal ❑ Minutes 1836 EST. Finance F1 Engineer ❑ Tracking Number l: . en City Administrator F1 0� Islam �® Public Works ❑ KeMeli County <kE a° City Clerk ■ Agenda Item Summary Memo Title: Minutes of City Council—November 9, 2010 Meeting and Date: City Council— 1/11/11 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Jacquelyn Milschewski City Clerk Name Department Agenda Item Notes: DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS 800 GAME FARM ROAD ON TUESDAY,NOVEMBER 9,2010 Mayor Pro Tem Plocher called the meeting to order at 6:58 p.m.and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Gilson Present Werderich Present Ward I I Golinski Present Plocher Present Ward III Munns Absent Sutcliff Present Ward IV Teeling Present Spears Present Also present: City Clerk Milschewski,City Treasurer Powell,Attorney Orr,City Administrator/Interim Director of Park and Recreation Olson,Police Chief Hart,Deputy Police Chief Hilt,Finance Director Fredrickson,City Engineer Wywrot,Community Development Director Barksdale-Noble and Building Inspector Zabel. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Pro Tem Plocher asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Pro Tem Plocher entertained a motion to table the Mayor's Report until the next City Council meeting. So moved by Alderman Sutcliff,seconded by Alderman Werderich. Motion approved unanimously by a viva voce vote. COMMITTEE MEETING DATES Public Works Committee Meeting: 6:30 p.m.,November 16,2010 City Hall Conference Room Economic Development Committee: 6:30 p.m.,December 7,2010 City Hall Conference Room Administration Committee Meeting: 6:00 p.m.,November 18,2010 City Hall Conference Room Public Safety Committee Meeting: 6:00 p.m.,November 22,2010 City Hall Conference Room PRESENTATIONS None. PUBLIC HEARINGS Tax Levy Mayor Pro Tem Plocher opened the public hearing. City Administrator Olson gave a PowerPoint presentation on the Tax Levy(see attached). Mayor Pro Tem Plocher opened the floor for public comments.There was none. The public hearing was closed. The Minutes of the Regular Meeting of the City Council—November 9.2010—page 2 CITIZEN COMMENTS Rolf Snobeck,Grande Reserve subdivision,noted that he spoke to the City Council a few meetings ago on the Crane's Chicago article. He stated that he found the article,which put the city in a bad light, upsetting. He stated that the City Council needed to work together and he noted that no one on the City Council knew about the article before it was published. He also noted that there is a video about the article on the web which is different from the article. He stated that Autumn Creek has had forty plus homes built this year and if the mayor wanted to show Yorkville she should have showed Autumn Creek. Instead the photo op shows the mayor in front of a house built three years ago in Grande Reserve which has never been lived in. He stated he watched the video and disagrees with Administrator Olson's comments. He felt that everything is in the presentation and he could have talked about good things in Yorkville.He also commented on the resident interviewed for the article,John Rowoldt. He asked who referred to him as a"typical"resident. fie stated that if a person googled"zombie subdivision"Yorkville comes up. He felt that something needs to be published that will put the city in a better light. He thanked the City Council and Alderman Spears for doing a great job. John Rowoldt,Grande Reserve subdivision,stated he was angry with the article and has even written the editor several times. He noted that when the article came out,Alderman Spears sent an email blast to everyone. He stated that he spoke with her about two weeks ago and explained his conversation with the reporter from Crane's. She asked if she could notify the community about their conversation and told him she would send the email to him first for his approval. He stated that he never received the draft so he emailed her a reminder but she did not respond. He wished that Alderman Spears had emailed people about their conversation. Mr.Rowoldt encouraged people to contact the reporter who wrote the article because the reported felt it was a positive article. He also stated he was upset because of what people in his neighborhood thought of him. CONSENT AGENDA 1. Police Reports for September 2010(PS 2010-22) Mayor Pro Tern Plocher entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Werderich;seconded by Alderman Sutcliff. Motion approved by a roll call vote. Ayes-7 Nays-0 Werderich-aye,Plocher-aye,Spears-aye,Sutcliff-aye,Gilson-aye,Teeling-aye,Golinski-aye PLAN COMMISSION/ZONING BOARD OF APPEAL Director Barksdale-Noble reported that the next Plan Commission meeting was scheduled for November 10,2010 at 7:00 p.m.at the Yorkville Library. MINUTES FOR APPROVAL A motion was made by Alderman Sutcliff to approve the minutes of the City Council meeting of September 14,2010;seconded by Alderman Werderich. Motion approved unanimously by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Sutcliff to approve the paying of the bills listed on the Detailed Board Report dated November 2,2010, totaling the following amounts:checks in the amount of$724,887.21 (vendors);239,436.00(payroll period ending 10/23/10);for a total of$964,323.21;seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-7 Nays-0 Plocher-aye,Spears-aye,Sutcliff-aye,Gilson-aye,Teeling-aye,Golinski-aye,Werderich-aye REPORTS MAYOR'S REPORT No report. The Minutes of the Regular Meeting of the Citv Council—November 9,2010—page 3 CITY COUNCIL REPORT Fire Suppression (CC 2010-87) Alderman Spears reported that education about sprinkler systems started in 2005. On October 29,2010 the Bristol-Kendall Fire District conducted a sprinkler system seminar. She gave a report on the demonstration held at Hoover Forest Preserve;the building set on fire without sprinklers was destroyed while the one with the system survived with just water damage. Discussion of Crain's Article (CC 2010-88) Administrator Olson stated that Mayor Burd asked that this be placed on the agenda. Alderman Spears verified that she spoke with Mr.Rowoldt who expressed how upset he was. She stated she received twelve emails from Grande Reserve residents who were upset about the article. She tried to call the reporter however he never returned her call. She stated that she did not go forward with another email blast because she never got to speak with the reporter. Alderman Spears stated that she felt she should keep residents informed and not paint a pretty picture.She would not sugar coat things but tell it as it is. She stated she was trying to have transparent government.She was unsure if Mayor Burd had any additional information so she wasn't sure if further action was necessary. Alderman Teeling stated that she spoke with the reporter. He verified that the city did not contact him to do the article;he was just writing on the decline of the area. Administrator Olson stated that the reporter's questions were positive as were the answers. Neither he nor the mayor used the term"zombie"subdivision. Also,the reporter contacted him about doing the article and he asked Mrs.Spies to sit in on the interview. Alderman Werderich noted that the article put Yorkville in a negative light. He stated that staff is trying to correct it and that it was an important reminder to watch how things are spun. Alderman Plocher noted that everyone keeps bringing the article up for discussion over and over and this is not a good thing. He suggested the bad press be ignored. Alderman Sutcliff agreed and suggested that facts,not opinions are shared with residents.She wanted to move past the article. Alderman Gilson reminded the City Council that Mayor Burd put this item on the agenda;she brought it up again. He stated he spoke with Mr.Rowoldt who explained that the reporter twisted his words and took things out of context. He felt the point was to be careful when agreeing to an interview. Alderman Teeling stated that Mayor Burd put this back on the agenda because Alderman Spears didn't have documentation and wanted to discuss the matter further. Alderman Spears stated that there was an email sent on October 29,2010 from Administrator Olson and the last statement in the email indicates Mayor Burd placed this on the agenda. Administrator Olson stated it was placed back before the Council because it was thought that Alderman Spears wanted more discussion. Alderman Plocher asked if the City Council agreed there should be no further discussion. It was the consensus to put the item to rest. CITY ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. DIRECTOR OF PARKS&RECREATION'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. The Minutes of the Regular Meeting of the Citv Council—November 9,2010—page 4 CITY ENGINEER'S REPORT City Engineer Wywrot reported that Game Farm Road would be patched November I I 1 while school is out and that on November 12`h Kennedy Road would be patched. Pulte will also be doing patching in Bristol Bay. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that leaf pickup was underway. CHIEF OF POLICE REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR REPORT No report. COMMUNITY RELATIONS OFFICER'S REPORT Interim Director of Park and Recreation Olson reported that Holiday Under the Stars would be held next Friday. Two attractions have been added this year;Polar Express using a trolley and the Kris Kringle market with venders and crafters. The Chile Chase 5K event will be held the following Sunday and there is a reduced cost for advance registration. COMMUNITY&LIAISON REPORT Yorkville Bristol Sanitary District Alderman Gilson reported that he attended the Yorkville Bristol Sanitary District on November 8,2010 where they discussed expansion,the Fox River study,the disposal of bio-solids,power surges,the city's collection of user fees,etc. They will be sending the City Council a letter about an Intergovernmental Agreement and the payment of fees collected in a timely manner. He stated that he has a copy of the agreement if anyone wanted to see it. Public Hearing Alderman Gilson also noted that on November 10,2010 at 7:00 p.m.at the library there will be a public hearing on off track betting. Cable Consortium Alderman Spears gave a report on the Fox Valley Cable Consortium meeting(see attached). Park Board Alderman Teeling reported she attended the Park Board meeting. Even though there was no quorum,the Illinois Paddlers gave a presentation on naming the Riverfront Park after an important paddler,Marge Klein. Also,a check for$800.00 was presented to Chief Hart which will be used for safety training for the police department and Bristol-Kendall Fire District. Alderman Golinski asked if the paddlers would be giving the City Council a presentation. Alderman Teeling stated that she asked them to do so. Haunted Old Jail Alderman Sutcliff reported that the haunted jail was a huge success;grossing$6500.00. She thanked the mayor and the volunteers who worked on the event. Alderman Gilson asked if the funds were going to the old jail and Alderman Sutcliff stated they will be used for the insurance payment for the building. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Alderman Spears asked for a copy of Administrator Olson's tax levy presentation. The Minutes of the Regular Meeting of the Citv Council—November 9,2010—page 5 ADJOURNMENT Mayor Pro Tern Plocher entertained a motion to adjourn the meeting. So moved by Alderman Golinski; seconded by Alderman Gilson. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 8:03 p.m. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois X40 Co.y Reviewed By: Agenda Item Number ^� a. O J , - , -� Legal ❑ Minutes Finance ❑ EST. � _ 1836 Engineer ❑ Tracking Number O CIO City Administrator ❑ Public Works ❑ K°n°°ncw°ry ,C City Clerk A E � Agenda Item Summary Memo Title: Minutes of City Council—November 23, 2010 Meeting and Date: City Council— 1/11/11 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Lisa Pickering Deputy City Clerk Name Department Agenda Item Notes: DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,NOVEMBER 23,2010 Mayor Burd called the meeting to order at 7:00 p.m.and asked everyone present to rise for the Pledge of Allegiance. Boy Scout Troup#40 posted the colors and led the Council in the Pledge of Allegiance. ROLL CALL Deputy Clerk Pickering called the roll. Ward I Gilson Present Werderich Present Ward I 1 Golinski Present Plocher Present Ward III Munns Present Sutcliff Present Ward IV Teeling Present Spears Present Also present: Deputy City Clerk Pickering,City Treasurer Powell,Attorneys Orr and Gardner,City Administrator/Interim Director of Park and Recreation Olson,Police Chief Hart,Deputy Police Chief Delaney,Public Works Director Dhuse,Finance Director Fredrickson,City Engineer Wywrot, Community Relations Officer Spies and Community Development Director Barksdale-Noble. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Burd entertained a motion to table Mayor's Report Item#12—CC 2010-99 Ordinance Amending City Code Providing for an Admission Fee at Inter-Track Wagering Locations to the City Council meeting held on December 14,2010. So moved by Alderman Sutcliff;seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-8 Nays-0 Gilson-aye,Sutcliff-aye,Munns-aye,Spears-aye, Plocher-aye,Werderich-aye,Golinski-aye,Teeling-aye Alderman Gilson requested that Consent Agenda Item#7—PW 2010-80 Prairie Meadows—Warranty Bond Release be removed from the consent agenda and placed on the regular agenda under the Public Works Committee Report for further discussion. Amendment approved unanimously by a viva voce vote. Mayor Burd entertained a motion that the executive sessions be moved up on the agenda to take place following Citizen's Comments. So moved by Alderman Sutcliff;seconded by Alderman Plocher. Amendment approved unanimously by a viva voce vote. COMMITTEE MEETING DATES Public Works Committee Meeting: 6:30 p.m.,December 21,2010 City Hall Conference Room Economic Development Committee: 6:30 p.m.,December 7,2010 City Hall Conference Room Administration Committee Meeting: 6:00 p.m.,December 16,2010 City Hall Conference Room Public Safety Committee Meeting: 6:00 p.m.,December 20,2010 City Hall Conference Room The Minutes of the Regular Meeting of the City Council—November 23,2010—page 2 PRESENTATIONS Certificate of Recognition for AchieAng the Rank of Eagle Scout William D.Parker Mayor Burd presented a Certificate of Recognition to William D.Parker for his achievement in reaching the Rank of Eagle Scout. She asked him to explain his Eagle Scout project. He explained that he had chosen the Hoover Outdoor Education Center's educational classroom sites. As part of his project,he re- mulched,provided definition to the area,and re-built the benches to add back support to them. He devoted approximately 250 hours of time to this project. Mayor Burd expressed her appreciation to Mr. Parker for the work that he had done. Certificate of Recognition to Essay Winners Lexi Weiss,Ryan Yezak&Kyle Yezak Mayor Burd presented Certificates of Recognition to the winners of the Holiday Under the Stars essay contest. First place winner was Lexi Weiss,second place winner was Kyle Yezak and third place winner was Ryan Yezak. All three essay winners read their essays to the City Council. Mayor Burd mentioned that both Kyle and Ryan were present at the Holiday Under the Stars event for the tree lighting ceremony. PUBLIC HEARINGS None. CITIZEN COMMENTS None. EXECUTIVE SESSION Mayor Burd entertained a motion to go into Executive Session for the purpose of: 1. For litigation,when an action against,affecting,or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal,or when the public body finds that an action is probable or imminent,in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. 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. So moved by Alderman Spears;seconded by Alderman Gilson. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Plocher-aye,Werderich-aye,Golinski-aye, Teeling-aye,Gilson-aye,Sutcliff-aye,Munns-aye The City Council entered into executive session at 7:17 p.m. The City Council returned to regular session at 7:49 p.m. CONSENT AGENDA 1. Water Department Report for July 2010(PW 2010-70) 2. Water Department Report for August 2010(PW 2010-71) 3. Resolution 2010-29 Game Farm/Somonauk Project—Engineering Supplement#2,Federal Participation Agreement&MFT Appropriation Resolution—authorize increase to engineering supplement#2 in an amount not to exceed$16,810 and authorize the Mayor and City Clerk to execute all documents(PW 2010-72) 4. Cozy Corner Subdivision—Final Acceptance and Bond/LOC Reduction—authorize reduction to Developers Surety&Indemnity Company Bond#7183975 in the amount of$36,842.52,authorize reduction to Old Second Bank Letter of Credit#305000082 in the amount of$30,625-88,and authorize the acceptance of the public improvements of watermain and sidewalk for the Cozy Corner Subdivision:for ownership and maintenance,all subject to verification that the developer has no outstanding debt owed to the city(PW 2010-73) 5. PW 2010-78 Temporary Easement—102 E.Washington Street—authorize the Mayor and City Clerk to Execute(PW 2010-78) The Minutes of the Rceular Meeting of the City Council—November 23,2010—Page 3 6. 802 S.Bridge Street—Bond Expiration—authorize the City Clerk to call Old Republic Surety Cotnpat{v Bond#RLI0627158 in the fudl amount of$10,000 if a replacement bond is not received by December 10,2010(PW 2010-79) 7. Route 47 Project—Proposed Detour Route—authorize IDOT the use oj'Countryside.Parkway behveen Route 34 and Rode 47 as a detour route during a portion of the Route 47 reconstruction project(PW 2010-81) 8. Raintree Village Units 2&3—Warranty Bond Release—authorize the release ofBond Safeguard Company Bond Nos. 5035418 in the amount of$152,905.79 and 5035419 in the amount of $99,047.98,subject to verification that the developer has no outstanding debt owed to the city (PW 2010-84) 9. Fountain Village—Sitework Letter of Credit Reduction No. 1—authorize a reduction to the sitework letter of credit in the amount of$665,377.90,subject to verification that the developer has no outstanding debt oared to the city(PW 2010-65) 10. Treasurer's Report for September 2010(ADM 2010-51) 11. Treasurer's Report for October 2010(ADM 2010-52) Mayor Burd entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Werderich;seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-8 Nays-0 Werderich-aye,Plocher-aye,Spears-aye,Munns-aye, Sutcliff-aye,Gilson-aye,Teeling-aye,Golinski-aye, PLAN COMMISSION/ZONING BOARD OF APPEAL Director Barksdale-Noble reported that three public hearings were held at the November 10 Plan Commission meeting. The public hearings were for a rezoning request,a zoning code amendment and a special use request for an off-track betting facility. These items will move forward to the December 7 Economic Development Committee meeting and then to the December 14 City Council meeting. MINUTES FOR APPROVAL A motion was made by Alderman Sutcliff to approve the minutes of the City Council meeting of September 28,2010 as presented;seconded by Alderman Munns. Motion approved unanimously by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Sutcliff to approve the paying of the bills listed on the Detailed Board Report dated November 18,2010, totaling the following amounts:checks in the amount of$629,467.33 (vendors);$238,564.54(payroll period ending 11/6/10);for a total of$868,031.87(total);seconded by Alderman Munns. Mayor Burd asked if there were any comments or questions on the bill list. Alderman Spears questioned the charge on page 29 for the Yorkville Economic Development Corporation Annual Meeting that was coded to the training and conferences line item. She questioned Administrator Olson as to whether there were funds in that line item. City Administrator Olson said that if there was not money in that line item, then it should have been coded to travel,meals and lodging. He said that one of those two line items had money in it. Alderman Spears said that she wanted to verify that this charge was for the meeting that both Administrator Olson and Mayor Burd had attended. Mayor Burd clarified that Alderman Plocher had attended on her behalf as Mayor Pro Tem. Motion approved by a roll call vote. Ayes-7 Nays-1 Plocher-aye,Spears-nay,Munns-aye,Sutcliff-aye, Gilson-aye,Teeling-aye,Golinski-aye,Werderich-aye REPORTS MAYOR'S REPORT Appointments to the Cultural Commission (CC 2010-85) Gary Schirmer Mayor Burd stated that she had three appointments to the cultural commission. The first person whom she wished to appoint is Gary Schirmer,a local artist who resides in Ward 2. The Minutes of the Regular Meetine of the City Council—November 23 2010—uaee 4 Mayor Burd entertained a motion to approve the appointment of Gary Schirmer to the Cultural Commission. So moved by Alderman Sutcliff;seconded by Alderman Teeling. Motion approved by a roll call vote. Ayes-8 Nays-0 Sutcliff-aye,Munns-aye,Spears-aye,Plocher-aye, Werderich-aye,Golinski-aye,Teeling-aye,Gilson-aye Howard Manthei Mayor Burd stated that the second person she wished to appoint to the Cultural Commission is Howard Manthei,a resident of Ward 1,who is a former president of the Kendall County Historical Society and is a docent and member of the board of the Old Barn museum. Mayor Burd entertained a motion to approve the appointment of Howard Manthei to the Cultural Commission. So moved by Alderman Werderich;seconded by Alderman Sutcliff: Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Plocher-aye,Werderich-aye,Golinski-aye, Teeling-aye,Gilson-aye,Sutcliff-aye,Munns-aye Stephenie Todd Mayor Burd said that the third person she wished to appoint to the commission is Stephenie Todd. She explained that Ms.Todd is the chairman of the Kendall County Historical Preservation Commission and is a liaison to the citizen's advisory committee of the Chicago Metropolitan Agency for Planning. Mayor Burd entertained a motion to approve the appointment of Stephenie Todd to the Cultural Commission. So moved by Alderman Golinski;seconded by Alderman Teeling. Alderman Spears questioned if Ms.Todd lived in Oswego. Mayor Burd verified that Ms.Todd would be one of the non-resident members of the commission. Motion approved by a roll call vote. Ayes-8 Nays-0 Plocher-aye,Werderich-aye,Golinski-aye,Teeling-aye, Gilson-aye,Sutcliff-aye,Munns-aye,Spears-aye Mayor Burd said that there were still four positions open on the Cultural Commission and that anyone who was interested in serving on the commission should contact the city secretary or download an application form off of the city website. Appointment to Human Resources Commission (CC 2010-89) Anna Schwein Mayor Burd entertained a motion to approve the appointment of Anna Schwein to the Human Resources Commission. So moved by Alderman Plocher;seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye,Spears-aye,Plocher-aye,Werderich-aye, Golinski-aye,Teeling-aye,Gilson-aye,Sutcliff-aye Proclamation for National Drunk and Drugged Driving(3-D)Prevention Month (CC 2010-90) Mayor Burd read a proclamation for National Drunk and Drugged Driving(3-D)Prevention Month(see attached). The Minutes of the Regular Meeting of the Citv Council—November 23,2010—page 5 Ordinances Abating Special Service Area Taxes Ordinance 2010-48 Abating Special Service Area Taxes for Special Service Area Number 2003-100 (Raintree Village Project)and Approving the Amended Special Tax Roll (CC 2010-91) Ordinance 2010-49 Abating Special Service Area Taxes for Special Service Area Number 2003-101(Windett Ridge Project)and Approving the Amended Special Tax Roll (CC 2010-92) Ordinance 2010-50 Abating Special Service Area Taxes for Special Service Area Number 2004-104 Central Grande Reserve)and Approving the Amended Special Tax Roll (CC 2010-93) Ordinance 2010-51 Abating Special Service Area Taxes for Special Service Area Number 2004-106(Total Grande Reserve) (CC 2010-94) Ordinance 2010-52 Abating Special Service Area Taxes for Special Service Area Number 2004-107(Raintree Village II Project) (CC 2010-95) Ordinance 2010-53 Abating Special Service Area Taxes for Special Service Area Number 2005-108(Autumn Creek Project)and Approving the Amended Special Tax Roll (CC 2010-96) Ordinance 2010-54 Abating Special Service Area Taxes for Special Service Area Number 2005-109 (Bristol Bay I Project)and Approving the Amended Special Tax Roll (CC 2010-97) Mayor Burd stated that Mayor's Report Items#4 through#10 are all ordinances abating taxes. They are abatement ordinances that the city has to pass every year to prevent these taxes from going onto the tax rolls. Mayor Burd entertained a motion to approve the abatement ordinances for Items CC 2010-91 though CC 2010-97 and authorize the Mayor and City Clerk to execute. So moved by Alderman Golinski;seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes-8 Nays-0 Werderich-aye,Golinski-aye,Teeling-aye,Gilson-aye, Sutcliff-aye,Munns-aye,Spears-aye,Plocher-aye, Ordinance 2010-55 For the Levy and Assessment of Taxes for the Fiscal Year Beginning May 1,2011 and Ending April 30,2012 (CC 2010-98) Mayor Burd entertained a motion to approve an ordinance for the levy and assessment of taxes for the fiscal year beginning May 1,2011 and ending April 30,2012 and authorize the Mayor and City Clerk to execute. So moved by Alderman Sutcliff;seconded by Alderman Teeling. Motion approved by a roll call vote. Ayes-5 Nays-4 Munns-aye,Spears-nay,Plocher-aye,Werderich-nay,Golinski-nay, Teeling-aye,Gilson-nay,Sutcliff-aye,Burd-aye The Minutes of the Regular Meeting of the City Council—November 23,2010—aaee 6 Debt Obligations (CC 2010-100) Mayor Burd stated that she wanted to explain what options the city has regarding its water and sewer bonds that are coming due. She mentioned that the city's bond counsel was present to answer any questions that the city council had about the city's bonds. She said that the repayment of these bonds is not something that can be taken care of just by cutting staff. The city staff currently totals close to 30 full time police officers and 52 full time employees in the other city departments which includes employees in both the library and parks and recreation department. She explained that unlike surrounding municipalities,Yorkville does not have a separate library district or park district;therefore,the city budget has to cover everything. Approximately a third of the city's tax levy goes directly to the library, because under state law the library is allowed to levy for a certain percentage of their own;however,the parks and recreation department is totally within the city budget. City Administrator Olson said that his memo(see attached)explained the three options for the repayment of the water and sewer bonds. The options that the city is looking at are not abating certain property taxes,creation of a sewer maintenance fee,and refinancing the bonds. He said he is not suggesting that the bonds be refinanced or restructured due to the additional interest that the city would be paying. Administrator Olson mentioned that in his original memo,he had missed one of the sewer bonds,Series 2004A,and pointed out that once you add that bond in,it makes scenarios 1 and 2 worse. He handed out additional information to the city council on this(see attached). Administrator Olson explained that the city had already restructured the Rob Roy Creek Bond,Series 2005D,two years ago. The city previously had a seven to eight year bond that had large principal payments that were supposed to be paid for with infrastructure participation fees that would be collected when developments annexed into the city, connection fees,and sewer fees. A couple of years ago,the city realized that it couldn't make the payment that year;but thought that there would be growth in the future to make the payment,so the bond was restructured to postpone the payments into the future. The city delayed two payments that should have been made in prior fiscal years to the back end of the bond to fiscal years 2016/2017 and 2017/2018. The two delayed payments were for a million dollars each for a total of two million dollars in delayed payments. The cost to delay these payments was an additional million dollars in interest. Mayor Burd explained that one part of the problem with the water fund is that the city had to fix the radium problem,which was an unfunded mandate by the state and another part of the problem was that the previous administration left the city with$800,000 of repayment that should have been set aside in 2006 and wasn't,and it wasn't discovered until after she became Mayor. To repay this money,the city attorney negotiated an agreement with Bank of America and under the terms of the agreement,the city is now required to pay$27,000 a month for approximately three years. City Attorney Orr confirmed that the total payment owed was$825,000 and that they had negotiated a monthly repayment plan with no interest. Mayor Burd said that money for this repayment was supposed to have been set aside as each entity came to the city and it wasn't. Now this repayment money has to be taken out of the water fund and this is one of the reasons that the water bills went up. She further explained that as we look at the issues with the sewer fund,the debt is so large that even if all of the Administration staff is laid off the city would still be unable to make the bond payments. If the city does not make these bond payments, then the bond payments will be made from the real estate taxes because these bonds are ultimately guaranteed by real estate taxes. The city can either refinance the bonds which will cost the tax payers millions of extra dollars in interest or the city council can let it go on the tax bills which will be a guaranteed revenue stream and may allow the city to refinance the bonds with a lower interest rate in the future. Mr.Peter Raphael from William Blair explained that the city tried to take precautionary measures two years ago when the city refinanced the Rob Roy Creek bond. The goal was that as the city expanded to the north,the water and sewer tap-on fees would be used to pay the bond down;however,with development virtually stopping,revenues have not materialized and to the extent that the city doesn't generate fees to repay the bonds,then the repayment goes on the tax bills. He stated that in order for the city to refinance these bonds,the city would have to show a revenue stream to repay these bonds. Right now all of the city's revenue has already been pledged to other debt obligations. There are not a lot of options for these bonds. A massive restructure of all of the city's debt would add millions of dollars in interest and would stretch the payment out over twenty years. Administrator Olson said one option that city council would have,if they want to entertain the idea of a bonding fee,would be to roll the first year of bonding fees in over nine billing periods instead of six. He explained that we are halfway through this fiscal year and did not plan to implement anything now,but if the bonding fee was implemented now,it would mean a lower payment per month spread over more months. Administrator Olson then explained that if city council enacted a straight user fee there are a lot more residential accounts than commercial,so any straight user fees would be weighted more toward the The Minutes of the Regular Meetin¢of the Citv Council—November 23,2010—page 7 residents. If the repayment is put onto the property taxes,the commercial property is worth more,so then repayment is weighted towards commercial. He mentioned that one benefit of putting the repayment onto property taxes is that property taxes are income tax deductible. Alderman Sutcliff asked Mr.Raphael for his opinion on which of the options would be the best scenario for the city. Mr.Raphael responded that if the city decided on option number three,that the Rob Roy restructuring,which is the portion which hits the real estate tax,is flexible and can be reviewed annually. If development starts and revenues increase,then the city can decrease the tax levy in future years. Additionally,there may be opportunities at a later date to refinance that bond. For this year,the city does not have the revenue,and if there is no revenue,then the city must levy. Alderman Sutcliff asked if the bonding fee would mean that additional charges would be added to the water bills. Administrator Olson said that the bonding fee would be listed separately on the water bills. Alderman Sutcliff commented that we are going to pay regardless. She said that she personally would prefer to pay this money through property taxes so that she can get the income tax deduction. Alderman Golinski questioned if anyone had talked to YBSD about the possibility if they could help the city with some of our sewer obligations as these are assets that will eventually be turned over to them. Administrator Olson said that he had spoken to their finance director and she did not feel that they had money in their budget to sustain this debt. Mayor Burd asked the city council if they would give their opinion as to which option the city should pursue regarding these bond payments. Alderman Teeling stated that she doesn't like the idea of refinancing,and even though none of these are very good scenarios,she feels that she would go with option three. Alderman Gilson said that this situation needs to be looked at with a critical eye. He feels that more cuts need to be made to personnel and spending first. Before they make any final decisions and discuss the sewer fund obligations and potentially adding another sewer fee,he wants to see the numbers finalized including budget and staff cuts. He said that in previous years,the city decided to front fund sewer debt to the tune of twenty five million dollars in the name of growth. He was told that our sewer fund was supposed to be self-sustaining and it's not. He said that we are also currently paying back the Grande Reserve developer for water connection fees that we agreed to rebate once collected and we never rebated them. Additionally,we also have an estimated 1.3 million dollars of bad debt due to non collection of developer fees and deposits. He feels that once again the city wants the residents to pay for these issues and he thinks the city should look outside the box and get creative to find a solution,whether its cut spending or cut personnel. He said that he can't vote for a sewer fee increase in addition to the water infrastructure fee that was already added to the bills. Alderman Sutcliff stated that even though most of the current council members were not in office when these decisions were made to take out these bonds,the city still owes this money and has to pay its bills. The city put these sewers in the ground,so we have to pay for them. She feels that there is no fat in the budget at any of the department levels as the city has already made cuts. She understands that no one wants to pay more;however,she is a resident and has to pay these bills also. She thinks that of the three options that the council has been given,that it would be irresponsible to pick options 1 or 2. She would like to look into option 3 and how much of could be put into property taxes,so that residents could at least get the income tax deduction. Alderman Munns stated he has a hard time with these options as he feels that YBSD has extra cash while the city is struggling. He said that most people cannot afford to pay any more money for their water and sewer. He thinks that pretty soon water and sewer will cost more than any other service that you have and he doesn't think that's right. He said that he is not ready to choose from any of the options that were presented. Mayor Burd said that in the past,the YBSD did not want to expand the water and sewer lines for new growth to the extent that the city did,so the city made the decision to take on the obligation. The former city council made this decision to expand the sewer,so the debt obligation is ours. Alderman Spears stated that she wanted to receive all of the information before she made a decision. Alderman Plocher said that Ire doesn't want to see the city refinance. Alderman Werderich stated that this is a debt that we need to pay and he agrees with Alderman Sutcliff and would choose option 3. The Minutes of the Regular Meetine of the Citv Council—November 23,2010—aaee 8 Alderman Golinski said that first he would like to see some additional spending cuts proposed. He said that since he has been on the city council,garbage fees have gone up,the water rate has increased,a water infrastructure fee was added and the tax levy that was just approved means that the tax rate will be going up about 12 Yz percent. Before he makes a decision,he would first like to see more spending cuts and thinking outside of the box for other ideas,as it makes it a lot easier for the residents if they see the city making cuts before it comes to the residents for more money. Mayor Burd commented that the city would be making further cuts,but those cuts would be related to the general fund and would not affect the sewer fund at all. She stated that there are only three people who are paid out of the sewer fund and all three are needed to handle the sewer lines. She said they will be reviewing the budget again,but reiterated that the cuts will not affect the sewer fund problem. She added that she has received calls about the Holiday Under the Stars from residents who wonder why the city is wasting money on a holiday event. She wanted to point out that the Holiday Under the Stars was not paid for by tax dollars;instead businesses,organizations,and residents all donated to make this event possible. She also mentioned that the Old Jail is an example of flow through tax dollars that residents gave to the state and these dollars came back to our community and additionally,enough money was raised from the Jail of the Dead haunted house to pay for the insurance,closing fees,and a few other incidental costs. With all of these items,the city is trying to be fiscally responsible. She also pointed out that the city council did not go the Illinois Municipal League meeting this year to save money,which is something that the city council has always gone to during her twelve years on city council. She stated that she remembers that when she was on the city council,both she and Alderman Spears would ask questions and sometimes they weren't provided with the information that they were looking for. Knowing what she knows now and looking back,she doesn't know that she and Alderman Spears could even have atTected the vote because they were minority members. She wishes that some of the decisions that were made back then could have been done differently,but those decisions can't be changed now;the city needs to move forward. She doesn't believe that any member of the city council wants to raise anyone's taxes. Mayor Burd mentioned the alternative energy proposal that has been written about in the newspapers as an example of the kind of outside of the box idea that everyone is talking about. She is constantly trying to encourage new people to come to the community. Alderman Sutcliff questioned the timeline for making a decision on the bond repayments. Administrator Olson responded that almost all of the debt service payments are due in the month of December. He said that we are okay for this year and we are looking at this issue for December 2011. Alderman Golinski wondered how the payment is calculated on these bonds if the city doesn't abate them. Administrator Olson said that there is a debt payment schedule within the bond ordinances that dictates the payment. Attorney Orr also added that if there is portion of the debt service available,then you could partially abate the taxes. She recommends an annual analysis of these bonds. Mayor Burd asked if Kendall Marketplace was serviced by the Rob Roy Creek sewer interceptor and City Engineer Wywrot responded that it was. Mayor Burd mentioned that if it wasn't for Kendall Marketplace taking up the slack in our sales tax revenues when F.E.Wheaton's went down,we would have been in really bad shape. She felt that the Kendall Marketplace development helped to keep the city even when everyone else was showing a huge decrease in their sales tax revenues. CITY COUNCIL REPORT No report. CITY ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Administrator Olson reported that RFP submittals were recently opened for the Riverfront Building located at 301 E.Hydraulic. The city received proposals from Geneva Kayak and Yak Shack,which are both kayak vendors. The proposals will be discussed at the Park Board meeting on December 16,2010. DIRECTOR OF PARKS&RECREATION'S REPORT No Report. The Minutes of the Regular Meeting of the City Council—November 23,2010—page-9- FINANCE DIRECTOR'S REPORT Director Fredrickson reported that the audit is progressing and field work will begin on December 6, 2010. CITY ENGINEER'S REPORT City Engineer Wywrot reported that the Fountainview developer has obtained their]DOT highway permit. He said that they will be removing the existing traffic signal and a temporary signal will go up while the permanent signal is being modified. After the work is completed the permanent traffic signal will be put into place. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that the city wide leaf collection has been completed. If residents have leaves that still need to be disposed of,they can bag the leaves and put them out for garbage pickup until the end of November. CHIEF OF POLICE'S REPORT Mayor Burd commended the police department,Community Relations Officer Spies,and everyone else who helped with traffic control at the Holiday Under the Stars event. She felt that they did a great job and traffic flowed very well. Chief Hart mentioned that the Public Works department had also been instrumental in helping with the traffic control for the event. Mayor Burd said thank you to all of the staff members in the city who helped with the event. COMMUNITY DEVELOPMENT DIRECTOR REPORT Director Barksdale-Noble reported that the Kendall County Planning Consortium would be holding their next meeting on November 30,2010 at 7:00 p.m.at the Kendall County Historic Courthouse. COMMUNITY RELATIONS OFFICER'S REPORT Community Relations Officer Spies said that she wanted to give a big thank you to the police department, public works department,parks and recreation department,and all of the community groups who helped make the event such a tremendous success. She felt that there was a great turnout to the event. Officer Spies also reported that she is looking for volunteers to help with an income tax assistance program that she is starting in conjunction with the Kendall County Food Pantry for low income families. An orientation session has been scheduled for Thursday,December 2,2010 at 6:00 p.m.at City Hall. COMMUNITY&LIAISON REPORT KenCom Mayor Burd reported that she attended the last KenCom meeting and that the City of Yorkville joined with Oswego and Plano in vetoing the new intergovernmental agreement that was presented at that meeting. Their veto was overridden by a vote of 8-3. Mayor Burd said that the city would continue to review this. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT River Road Bridge Replacement—Intergovernmental Agreement (PW 2010-69) A motion was made by Alderman Plocher to approve an intergovernmental agreement for the replacement of the River Road Bridge over Blackberry Creek and authorize the Mayor and City Clerk to execute, subject to legal and staff review;seconded by Alderman Munns. Alderman Gilson questioned if this item would be paid for completely out of MFT funds or if some of the funding would come from the general fund. Administrator Olson responded that this project would be paid out of the MFT funds. Alderman Spears asked if the city had this amount in our MFT account currently. Administrator Olson stated that it was not in the current year's budget nor was it in next years budget. He said that the city would be receiving additional MFT disbursements from the state. The engineering costs will be coming in over the next 2-3 fiscal years and then the construction costs will come in years 4 and 5. Alderman Spears said this means that the city will need to come up with funds to reimburse the county in 2012 and that the city is counting on funds coming in from the state to reimburse the county with. Administrator The Minutes of the Regular Meeting of the City Council—November 23,2010—page 10 Olson confirmed that was correct. Alderman Spears felt that the city was committing funds that we don't know if we have. Mayor Burd said that this was a safety issue because the bridge is failing. She said that the city can't afford for the bridge to collapse. Alderman Sutcliff commented that of the Phase 1 and Phase 2 engineering,80%of the costs are being covered by the Federal Highway Bridge Program,and of the Phase 3 construction,80%of the costs are being paid by IDOT funding,so the city will only be responsible for 20%of the cost of this project. Alderman Plocher pointed out that the city already has a weight restriction on this bridge and he also mentioned that there is exposed rebar on this bridge. He stated that if the city does not fix this bridge,the bridge might have to be closed. Motion approved by a roll call vote. Ayes-8 Nays-0 Plocher-aye,Werderich-aye,Golinski-aye,Teeling-aye, Gilson-aye,Sutcliff-aye,Munns-aye,Spears-aye Proposed Revisions/Clarifications to Letter of Credit Policy (PW 2010-75) City Attorney Orr asked the city council to consider tabling this item so that she can do further research on this. Alderman Werderich made a motion to table this item to the December 14,2010 City Council meeting;seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-8 Nays-0 Golinski-aye,Teeling-aye,Gilson-aye,Sutcliff-aye, Munns-aye,Spears-aye,Plocher-aye,Werderich-aye Prairie Meadows—Warranty Bond Release (PW 2010-80) A motion was made by Alderman Plocher to authorize the release of American Casualty Company Bond No.929306354 in the amount of$659,680.07 on December 22,2010,subject to verification that the developer has no outstanding debt owed to the city;seconded by Alderman Teeling. Alderman Gilson stated that he thought that the committee agreed to wait until December 22 when the warranty period ended to consider releasing this bond. Alderman Plocher responded that the city would not be releasing this bond until December 22,2010. Motion approved by a roll call vote. Ayes-8 Nays-0 Teeling-aye,Gilson-aye,Sutcliff-aye,Munns-aye, Spears-aye,Plocher-aye,Werderich-aye,Golinski-aye, ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Joint Meeting with YBSD Alderman Plocher asked if a joint meeting could be held with the YBSD. Mayor Burd said that the City Administrator would call and set up a joint meeting with YBSD. The Minutes of the Regular MeetinE of the Cih,Council—November 23 2010—page 11 Old Second Bank Alderman Plocher inquired about the city's funds being held in Old Second Bank. Administrator Olson responded that the city's funds with Old Second are collateralized. Fox Hill Stoplight Alderman Sutcliff inquired about the status of the Fox Hill stoplight becoming a permanent stoplight instead of just a temporary stoplight. She thought there was a limited amount of time before the city had to put in a permanent stoplight. City Engineer Wywrot explained that the city was granted an extension, so the temporary stoplight can remain in place for a longer period of time. Administrator Olson said that the permanent stoplight is a budgeted item for fiscal year 2012-2013. Homeowner's Assocations Alderman Sutcliff stated that many of the Homeowner's Associations(HOA)in town are in arrears, which prevents people from purchasing homes in those subdivisions. She asked if there was anything that the city could do about this. Administrator Olson said that there is no official action that the city can take as this is a situation between the homeowners and the management association. Alderman Sutcliff asked if the subdivisions were bank owned,could these banks bring their HOA current so that they could sell their properties. Administrator Olson said that he has spoken to two different HOA management companies and both have declined to pay the HOA dues that are in arrears. Holiday Under the Stars Alderman Sutcliff mentioned that she had attended the Holiday Under the Stars event with a friend from Oswego and her friend thought that our celebration was better than Oswego's holiday event. AD30URNMENT Mayor Burd entertained a motion to adjourn the meeting. So moved by Alderman Golinski;seconded by Alderman Werderich. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 9:18 p.m. Minutes submitted by: Lisa Pickering, Deputy City Clerk City of Yorkville,Illinois Reviewed By: Agenda Item Number J 0 s �4% Legal ❑ Bill List EST. Finance ■ Engineer El Tracking Number 4 City Administrator ❑ C? Public Works ❑ sA comma xa �°� Ksntlall County � ❑ Agenda Item Summary Memo Title: Bill List Meeting and Date: City Council— 1/11/11 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Approval Submitted by: Amy Simmons Finance Name Department Agenda Item Notes: DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 08:50:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ AA000001 CARLO D. COLOSIMO 122810 12/28/10 01 POLICE-NOVE. 03, NOV. 1-7, 01-210-62-00-5443 01/11/11 600.00 ADMIN ADJUDICATION CONTRAC 02 DEC. 01, & DEC 15 ADMIN ** COMMENT ** 03 HEARINGS ** COMMENT ** INVOICE TOTAL: 6CO.00 VENDOR TOTAL: 600.00 AA000002 JULIE VISHER 122110 12/21/10 01 POLICE-DEC. 8, DEC. 20 ADMTN 01-210-62-00-5443 01/11/11 300.00 ADMIN ADJUDICATION CONTRAC 02 HEARINGS ** COMMENT ** INVOICE TOTAL: 300.00 VENDOR TOTAL: 300.00 AACVB AURORA AREA CONVENTION 1.13010 HAMPTON 12/20/10 01 FINANCE-NOVEMBER HAMPTON INN 01-120-65-00-5844 01/11/11 1,644.59 MARKETING - HOTEL TAX 02 HOTEL USE TAX ** COMMENT ** INVOICE TOTAL: 1,649.59 VENDOR TOTAL: 1,644.59 APA AMERICAN PLANNING ASSOCIATION 239564-101107 12/13/10 01 COMM/DEV-THE COMMISSIONER 01-220-65-00-5814 01/11/11 50.00 BOOKS & MAPS 02 NEWSLETTER ** COMMENT ** INVOICE TOTAL: 50.00 VENDOR TOTAL: 50.00 ARAMARK ARAMARK UNIFORM SERVICES 610-6959387 12/14/10 01 STREETS-UNIFORMS 01-410-62-00-5421 01/11/11 30.79 WEARING APPAREL -I- DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 08:50:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ---------------------------------------------------------------------------------------------------------------------------------- ARAMARK ARAMARK UNIFORM SERVICES 610-6959387 12/14/10 02 WATER OP-UNIFORMS 51-000-62-00-5421 01/11/11 30.79 WEARING APPAREL 03 SEWER OP-UNIFORMS 52-000-62-00-5421 30.79 WEARING APPAREL INVOICE TOTAL: 92.37 610-6963934 12/21/10 01 STREETS-UNIFORMS 01-410-62-00-5421 01/11/11 43.93 WEARING APPAREL 02 WATER OP-UNIFORMS 51-000-62-00-5421 43.93 WEARING APPAREL 03 SEWER OP-UNIFORMS 52-000-62-00-5421 43.95 WEARING APPAREL INVOICE TOTAL: 131 .81 610-6968495 12/28/10 01 STREETS-UNIFORMS 01-410-62-00-5421 01/11/11 43.77 WEARING APPAREL 02 WATER OP-UNIFORMS 51-000-62-00-5421 43.77 WEARING APPAREL 03 SEWER OP-UNIFORMS 52-000-62-00-5421 43.77 WEARING APPAREL INVOICE TOTAL: 131.31 VENDOR TOTAL: 355.49 ARROLAB ARRO LABORATORY, INC. 42624 12/10/10 01 WATER OP-11 TOTAL COLIFORM 51-000-65-00-5822 01/11/11 181.50 WATER SAMPLES INVOICE TOTAL: 181.50 VENDOR TOTAL: 181.50 ATTINTER AT&T INTERNET SERVICES 120910 12/09/10 01 ADMIN-T.1 SERVICE 01-110-62-00-5436 01/11/11 469.85 TELEPHONE INVOICE TOTAL: 469.85 VENDOR TOTAL: 469.85 DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 08:50:57 DETAIL BOARD REPORT TD: AP441000.WOW INVOICES DUE ON/BEFORE 01/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ BANCAMER BANC OF AMERICA LEASING 011743848-CITY 12/23/10 01 FINANCE-COPIER LEASES 01-120-62-00-5412 01/11/11 836.00 MAINTENANCE- PHOTOCOPIERS 02 WATER OP-COPIER LEASE 51-000-65-00-5809 99.00 PRINTING & COPYING INVOICE TOTAL: 935.00 VENDOR TOTAL: 935.00 BEACON RAINBOW GROUP, LLC 0407626-IN-LC 12/02/10 01 LAND CASH-BASE SET FOR BRISTOL 72-000-75-00-7339 00404530 01/11/11 592.25 BRISTOL BAY REGIONAL PARK 02 BAY ** COMMENT ** INVOICE TOTAL: 592.25 VENDOR TOTAL: 592.25 BKPOWER B & K POWER EQUIPMENT INC. 138402 12/08/10 01 STREETS-SPRING 01-410-62-00-5408 01/11/11 69.02 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 69.02 VENDOR TOTAL: 69.02 BNYCORP THE BANK OF NEW YORK 252-1518363 12/10/10 01 SEWER OP-PAYING AGENT FEES 05D 52-000-62-00-5401 01/11/11 374.50 CONTRACTUAL SERVICES 02 BOND ** COMMENT ** INVOICE TOTAL: 379.50 VENDOR TOTAL: 374.50 BPAMOCO BP AMOCO OIL COMPANY 27944499-PD 12/24/10 01 POLICE-GASOLINE 01-210-65-00-5812 01/11/11 137.20 GASOLINE INVOICE TOTAL: 137.20 VENDOR TOTAL: 137.20 DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 08:50:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ BRENNTAG BRENNTAG MID—SOUTH, INC. BMS844609 12/03/10 01 WATER OP DRUM RETURN CREDIT 51-000-62-00-5407 01/11/11 —212.50 TREATMENT FACILITIES O&M INVOICE TOTAL: —212.50 BMS846352 12/16/10 01 WATER OP—DRUM RETURN CREDIT 51-000-62-00-5407 01/11/11 —575.00 TREATMENT FACILITIES O&M INVOICE TOTAL: —575.00 BMS944473 12/15/10 01 WATER OP—CHEMICALS 51-000-62-00-5407 00204710 01/11/11 1,348.99 TREATMENT FACILITIES 0&M INVOICE TOTAL: 1,348.99 VENDOR TOTAL: 561.49 BURDV VALERIE BURD 123110 12/20/10 01 ADMIN—DECEMBER PHONE BILL 01-110-62-00-5438 01/11/11 45.00 CELLULAR TELEPHONE 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 VENDOR TOTAL: 45.00 CALLONE CALL ONE 1010-7980-0000-1210C 12/15/10 01 ADMIN—MONTHLY CHARGES 01-110-62-00-5436 01/11/11 202.56 TELEPHONE 02 ADMIN—CITY HALL NORTEL 01-110-62-00-5436 277.16 TELEPHONE 03 POLICE—CITY HALL NORTEL 01-210-62-00-5436 277.16 TELEPHONE 04 WATER OP—CITY HALL NORTEL 51-000-62-00-5436 277.15 TELEPHONE 05 POLICE—MONTHLY CHARGES 01-210-62-00-5436 527.18 TELEPHONE 06 POLICE—CITY HALL FIRE 01-210-62-00-5436 36.89 TELEPHONE n DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 08:50:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ CALLONE CALL ONE 1010-7980-0000-1210C 12/15/10 07 ADMIN-CITY HALL FIRE 01-110-62-00-5436 01/11/11 36.89 TELEPHONE 08 WATER OP-MONTHLY CHARGES 51-000-62-00-5436 888.91 TELEPHONE INVOICE TOTAL: 2,57.3.90 VENDOR TOTAL: 2,523.90 CARGILL CARGILL, INC 2970648 12/08/10 01 WATER OP-SALT 51-000-62-00-5407 02047111 01/11/11 2,775.35 TREATMENT FACILITIES O&M INVOICE TOTAL: 2, 775.35 2989979 12/20/10 01 WATER OP-SALT 51-000-62-00-5407 00204711 01/11/11 2,695.95 TREATMENT FACILITIES O&M INVOICE TOTAL: 2,695.95 2991955 12/21/10 01 WATER OP-SALT 51-000-62-00-5407 00204711 01/11/11 2,785.79 TREATMENT FACILITIES O&M INVOICE TOTAL: 2, 785.79 VENDOR TOTAL: 8,257.09 CENTSALT CENTRAL SALT, L.L.C. 100053 12/15/10 01 MFT-SALT 15-000-65-00-5818 00204771 01/11/11 6, 773.18 SALT INVOICE TOTAL: 6. 773.18 100130 12/15/10 01 MFT-SALT 15-000-65-00-5818 00204771 01/11/11 5,110.36 SALT INVOICE TOTAL: 5,110.36 100223 12/15/10 01 MFT-SALT 15-000-65-00-5818 00204771 01/11/11 1,639.65 SALT INVOICE TOTAL: 1,639.65 c DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 08:50:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ CENTSALT CENTRAL SALT, L.L.C. 100256 12/15/10 01 MFT-SALT 15-000-65-00-5818 00204771 01/11/11 1,719.35 SALT INVOICE TOTAL: 1, 719.35 100273 12/15/10 01 MFT-SALT 15-000-65-00-5818 00204771 01/11/11 5, 132.84 SALT INVOICE TOTAL: 5,132.84 101846 12/23/10 01 MFT-SALT 15-000-65-00-5818 00204779 01/11/11 8, 160.77 SALT INVOICE TOTAL: 8, 160. 77 101894 12/23/10 01 MFT-SALT 15-000-65-00-5818 00204779 01/11/11 5,074.26 SALT INVOICE TOTAL: 5,074.26 101944 12/23/10 01 MFT-SALT 15-000-65-00-5818 00204779 01/11/11 6,645.11 SALT INVOICE TOTAL: 6,645.11 VENDOR TOTAL: 40,255.52 CHEMICAL CHEMICAL PUMP SALES & SERVICE 70769 12/15/10 01 WATER OP-REPAIR WEBTROL 51-000-62-00-5407 01/11/11 533.50 TREATMENT FACILITIES O&M 02 BOOSTER PUMP ** COMMENT ** INVOICE TOTAL: 533.50 VENDOR TOTAL: 533.50 COFFMAN COFFMAN TRUCK SALES 635246 12/06/10 01 STREETS-REPAIR TO 4-22 POWER 01-410-62-00-5409 00204767 01/11/11 2,681.14 MAINTENANCE-VEHICLES 02 DIVIDER ** COMMENT ** INVOICE TOTAL: 2,681 . 14 VENDOR TOTAL: 2,681.14 DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 08:50:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE O1/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ COMDIR COMMUNICATIONS DIRECT INC SR93854 12/15/10 01 POLICE-REPAIR SQUAD 01-210-62-00-5408 01/11/11 120.00 MAINTENANCE - EQUIPMENT 02 PROGRAMMING ** COMMENT ** INVOICE TOTAL: 120.00 VENDOR TOTAL: 120.00 COMED COMMONWEALTH EDISON 0903040077-1210 11/25/10 01 STREETS-LIGHTS 01-410-62-00-5435 O1/11/11 2,993.75 ELECTRICITY INVOICE TOTAL: 2,993.75 4329092028-1210 12/20/10 01 STREETS-LIGHTS 01-410-62-00-5435 01/11/11 1,563.59 ELECTRICITY INVOICE TOTAL: 1,563.50. 6963019021-1210 12/27/10 01 STREETS-LIGHTS 01-410-62-00-5435 01/11/11 45.28 ELECTRICITY INVOICE TOTAL: 45.28 8344010026-1210 12/21/10 01 STREETS-LIGHTS 01-410-62-00-5435 01/11/11 490.41 ELECTRICITY INVOICE TOTAL: 490.41 VENDOR TOTAL: 5,093.03 CONSTELL CONSTELLATION NEW ENERGY 0002525832 12/16/10 01 SEWER OP-420 FAIRHAVEN 52-000-62-00-5435 01/11/11 358.83 ELECTRICITY INVOICE TOTAL: 358.83 0002549630 12/22/10 01 WATER OP-2702 MILL RD 51-000-62-00-5435 01/11/11 5,048.06 ELECTRICITY INVOICE TOTAL: 5,048.06 VENDOR TOTAL: 5,406.89 DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 08:50:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # Y.O. # DUE DATE 1TEM AMT ------------------------------------------------------------------------------------------------------------------------------------ COPCO CHICAGO OFFICE PRODUCTS CO. 729731-0 12/02/10 01 ADMIN-PAPER TOWELS, GARBAGE 01-110-65-00-5804 01/11/11 67.97 OPERATING SUPPLIES 02 LINERS ** COMMENT ** INVOICE TOTAL: 67.9' 729731-1 12/06/10 01 ADMIN-LINERS 01-110-65-00-5802 01/11/11 40.00 OFFICE SUPPLIES INVOICE TOTAL: 40.OG VENDOR TOTAL: 107.91 CRITICAL CRITICAL REACH 11-622 12/10/10 01 POLICE-ANNUAL FEE FOR TRAK- 01-210-65-00-5804 01/11/11 265.00 OPERATING SUPPLIES 02 CRITALREACH PHOTO BULLETIN ** COMMENT ** 03 ALERT SERVICE ** COMMENT ** INVOICE TOTAL: 265.O0 VENDOR TOTAL: 265.00 DBCOMM DARYL BOWLES 120810 12/08/10 01 WATER OP-MOVED EXTENSIONS AND 51-000-75-00-7002 01/11/11 160.00 COMPUTER EQUIP § SOFTWARE 02 PROGRAMMED VOICE MAILS ** COMMENT ** INVOICE TOTAL: 160.OG VENDOR TOTAL: 160.00 DEPO DEPO COURT REPORTING SVC, INC 14790 12/14/10 01 POLICE-DEC. 8 ADMIN HEARING 01-210-62-00-5443 01/11/11 175.00 ADMIN ADJUDICATION CONTRAC INVOICE TOTAL: 175.00 14798 12/17/10 01 POLICE-DEC. 15 ADMIN HEARING 01-210-62-00-5443 01/11/11 175.00 ADMIN ADJUDICATION CONTRAC INVOICE TOTAL: 175.00 VENDOR TOTAL: 350.00 _a_ DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 08:50:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ DUTEK DU-TEK, INC. 059822 12/18/10 01 WATER OP-FEMALE COUPLER 51-000-62-00-5408 01/11/11 45.00 MAINTENANCE-EQUIPMENT 02 PIONEER 1/2" BALL TYPE ** COMMENT ** INVOICE TOTAL: 45.00 VENDOR TOTAL: 45.00 ENVIRO SOUTHERN ILLINOIS UNIVERSITY 1101 12/20/10 01 WATER OP-REGISTRATION FEE FOR 51-000-64-00-5604 01/11/11 485.00 TRAINING & CONFERENCES 02 1 PERSON FOR TRAINING ** COMMENT ** INVOICE TOTAL: 485.00 VENDOR TOTAL: 485.00 FARREN FARREN HEATING & COOLING 6997 12/09/10 01 STREETS-REPLACE BEECHER CENTER 01-410-62-00-5416 00204766 01/11/11 2,410.34 MAINTENANCE PROPERTY 02 IGNITION TRANSFORMER AND FLAME ** COMMENT ** 03 CONTROL ** COMMENT ** INVOICE TOTAL: 2,910.34 VENDOR TOTAL: 2,410.34 FBINNA FBI NNA NORTHERN IL. DIVISION 123010 12/30/10 01 POLICE-FBI NNA ANNUAL 01-210-64-00-5600 01/11/11 85.00 DUES 02 MEMBERSHIP FOR 1 PERSON ** COMMENT ** INVOICE TOTAL: 85.00 VENDOR TOTAL: 85.00 FEDEX FEDEX 7-304-39123 11/24/10 01 FINANCE-1 PKG. TO BANK OF 01-120-65-00-5808 01/11/11 33.60 POSTAGE & SHIPPING n DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 1C TIME: 08:50:57 DETAIL BOARD REPORT TD: AP441000.WOW INVOICES DUE ON/BEFORE 01/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ FEDEX FEDEX 7-304-39123 11/24/10 02 AMERICA ** COMMENT ** 01/11/11 INVOICE TOTAL: 33.60 VENDOR TOTAL: 33.60 FLATSOS RAQUEL HERRERA 122110 12/21/10 01 POLICE-4 NEW TIRES 01-210-62-00-5409 01/11/11 330.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 330.00 VENDOR TOTAL: 330.00 FLEET FLEET SAFETY SUPPLY 51832 12/20/10 01 STREETS-LIGHT BAR COVER 01-410-62-00-5408 01/11/11 59.11 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 59.11 VENDOR TOTAL: 59.11 FOLEY FOLEY & LARDNER LLP 32072946 08/23/10 01 ADMIN-KENDALL MARKETPLACE 01-110-61-00-5300 01/11/11 2,363.50 SPECIAL COUNSEL 02 LEGAL ** COMMENT ** INVOICE TOTAL: 2,363.50 32079748 09/14/10 01 ADMIN-KENDALL MARKETPLACE 01-110-61-00-5300 01/11/11 815.00 SPECIAL COUNSEL 02 LEGAL ** COMMENT ** INVOICE TOTAL: 815.00 32110029 12/07/10 01 ADMIN-KENDALL MARKETPLACE 01-110-61-00-5300 01/11/11 4,002.50 SPECIAL COUNSEL 02 LEGAL ** COMMENT ** INVOICE TOTAL: 4,002.5C VENDOR TOTAL: 7,181.00 �n_ DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 08:50:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ FREDRICR ROB FREDRICKSON 123110 01/01/11 01 FINANCE-DECEMBER PHONE BILL O1-120-62-00-5438 01/11/11 45.00 CELLULAR TELEPHONE 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 VENDOR TOTAL: 45.00 FVFS FOX VALLEY FIRE & SAFETY 600716 12/04/10 01 STREETS-DECEMBER INSPECTION 01-410-62-00-5416 01/11/11 60.G0 MAINTENANCE PROPERTY INVOICE TOTAL: 60.00 VENDOR TOTAL: 60.00 GARDKOCH GARDINER KOCH & WEISBERG H-1845C-75476 12/13/10 01 ADMIN-LAY-COM MATTERS 01-110 61-00-5303 01/11/11 55.50 LITIGATION COUNCIL INVOICE TOTAL: S5.5C H-1847C-75474 12/13/10 01 ADMIN-GENERAL LEGAL MATTERS 01-110-61-00-5303 01/11/11 1 ,091 .50 LITIGATION COUNCIL 02 ADMIN-CITY COUNCIL MEETING 01-110-61-00-5302 833.00 CORPORATE COUNCIL 03 MATTERS ** COMMENT ** INVOICE TOTAL: 1,924.50 H-1961C-70850 03/06/10 01 ADMIN-EMINENT DOMAIN 01-110-61-00-5302 01/11/11 747.00 CORPORATE COUNCIL INVOICE TOTAL: 747.00 H-1961C-72109 05/08/10 01 ADMIN-EMINENT DOMAIN 01-110-61-00-5302 01/11/11 222.00 CORPORATE COUNCIL INVOICE TOTAL: 222.00 H-1961C-72491 06/05/10 01 ADMIN-EMINENT DOMAIN 01-110-61-00-5302 01/11/11 67.00 CORPORATE COUNCIL INVOICE TOTAL: 67.00 DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 08:50:57 DETAIL BOARD REPORT TD: AP441000.WOW INVOICES DUE ON/BEFORE 01/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ GARDKOCH GARDINER KOCH & WEISBERG H-1961C-73151 07/13/10 01 ADMIN-EMINENT DOMAIN 01-110-61-00-5302 01/11/11 4,011.90 CORPORATE COUNCIL INVOICE TOTAL: 4,011.40 H-1961C-73522 08/06/10 01 ADMIN-EMINENT DOMAIN 01-110-61-00-5302 01/11/11 705.11 CORPORATE COUNCIL INVOICE TOTAL: 705.11 H-1961C-73959 09/09/10 01 ADMIN-EMINENT DOMAIN 01-110-61-00-5302 01/11/11 592.00 CORPORATE COUNCIL INVOICE TOTAL: 592.00 H-1961C-75473 12/13/10 01 ADMIN-EMINENT DOMAIN MATTERS 01-110-61-00-5303 01/11/11 1,292.69 LITIGATION COUNCIL INVOICE TOTAL: 1,292.69 H-1974C-75472 12/13/10 01 ADMIN-IEPA MATTERS 01-110-61-00-5303 01/11/11 444.00 LITIGATION COUNCIL INVOICE TOTAL: 444.00 H-2013C-75475 12/13/10 01 ADMIN-HAMMAN FEES MATTERS 01-110-61-00-5303 01/11/11 832.50 LITIGATION COUNCIL INVOICE TOTAL: 832.50 H-2303C-75426 12/13/10 01 ADMIN-HAMMAN ORDINANCE APPEAL 01-110-61-00-5303 01/11/11 351.50 LITIGATION COUNCIL INVOICE TOTAL: 351.50 H-2629C-75429 12/13/10 01 ADMIN-IML V. YORKVILLE MATTERS 01-110-61-00-5303 01/11/11 240.50 LITIGATION COUNCIL INVOICE TOTAL: 290.50 VENDOR TOTAL: 11,485.70 HDSUPPLY HD SUPPLY WATERWORKS, LTD. in DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 08:50:58 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ HDSUPPLY HD SUPPLY WATERWORKS, LTD. 2386334 12/14/10 01 WATER OP-2IN METER FLANGE SET 51-000-75-00-7508 00204709 01/11/11 1,264.56 METERS & PARTS INVOICE TOTAL: 1,264.56 VENDOR TOTAL: 1,264.56 HOMEDEPO HOME DEPOT 3012134 12/03/10 01 STREETS-FILTERS 01-410-62-00-5414 01/11/11 102.32 MAINTENANCE-TRAFFIC SIGNAL INVOICE TOTAL: IC-2.3Z VENDOR TOTAL: 102.32 TLEPAADM IL ENV. PROTECTION AGENCY 36 12/16/10 01 SEWER OP-PRINCIPLE PAYMENT 52-200-66-00-6050 01/11/11 17,835.53 IEPA LOAN L17-013000 PRINC 02 SEWER OP-INTEREST PAYMENT 52-200-66-00-6050 1,654.46 IEPA LOAN L17-013000 PRINC INVOICE TOTAL: 19,489.99 VENDOR TOTAL: 19,489.99 ILLCO ILLCO, INC. 1202083 12/15/10 01 STREETS-MICRO PLUS 4 FILTER 01-410-62-00-5416 01/11/11 40.65 MAINTENANCE PROPERTY INVOICE TOTAL: 40.65 VENDOR TOTAL: 40.65 ILPD4778 ILLINOIS STATE POLICE 121310 12/13/10 01 ADMIN-BACKGROUND CHECK 01-110-65-00-5804 01/11/11 34.25 OPERATING SUPPLIES INVOICE TOTAL: 34.25 VENDOR TOTAL: 34.25 DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 08:50:58 DETAIL BOARD REPORT TD: AP441000.WOW INVOICES DUE ON/BEFORE 01/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AM; -------------------------------------------------------------------------------------------------------------------•----------------- ILPD4811 ILLINOIS STATE POLICE 121310-CITY 12/13/10 01 ADMIN-BACKGROUND CHECKS 01-110-65-00-5804 01/11/11 34.25 OPERATING SUPPLIES INVOICE TOTAL: 34.25 VENDOR TOTAL: 34.25 TLTACTIC ILLINOIS TACTICAL OFFICERS 123010 12/30/10 01 POLICE-ITOA ANNUAL MEMBERSHIP 01-210-64-00-5600 01/11/11 40.00 DUES 02 RENEWAL FOR 1 PERSON ** COMMENT ** INVOICE TOTAL: 40.00 VENDOR TOTAL: 40.00 ILTRUCK ILLINOIS TRUCK MAINTENANCE, IN 025268 12/22/10 01 SEWER OP-CHECK & ADJUST BRAKES 52-000-62-00-5408 01/11/11 191.25 MAINTENANCE-EQUIPMENT 02 AND SECURE LOOM TO HEADLIGHTS ** COMMENT ** INVOICE TOTAL: 191.25 VENDOR TOTAL: 191.25 IPRF ILLINOIS PUBLIC RISK FUND 601 12/26/10 01 FINANCE-JANUARY WORKER'S COMP. 01-120-62-00-5400 01/11/11 10,470.00 INSURANCE- LIABILITY & PRO INVOICE TOTAL: 10,470.00 VENDOR TOTAL: 10,470.CC ITRON ITRON 172635 12/12/10 01 WATER OP-COMMUNICATION FEE, 51-000-75-00-7508 01/11/11 438.69 METERS & PARTS 02 HOST HEAD END ** COMMENT ** INVOICE TOTAL: 438.69 VENDOR TOTAL: 438.69 _1d_ DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 08:50:58 DETAIL BOARD REPORT TD: AP441000.WOW INVOICES DUE ON/BEFORE 01/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ JEWEL JEWEL 122010-CITY 12/20/10 01 ADMIN-HAND SOAP, NAPKINS 01-110-65-00-5804 01/11/11 14.08 OPERATING SUPPLIES INVOICE TOTAL: 14.08 VENDOR TOTAL: 14.08 XCFENCE MICHAEL PAVLIK 12661 11/04/10 01 LAND CASH-BACK STOP/PLAY FENCE 72-000-75-00-7339 00404529 01/11/11 12,661.00 BRISTOL BAY REGIONAL PARK 02 AT BRISTOL BAY ** COMMENT ** INVOICE TOTAL: 12,661.CC VENDOR TOTAL: 12,661.00 LANEMUCH LANER, MUCHIN, DOMBROW, BECKER 369348 12/01/10 01 ADMIN-GENERAL EMPLOYMENT 01-110-61-00-5300 01/11/11 450.00 SPECIAL COUNSEL 02 MATTERS ** COMMENT ** INVOICE TOTAL: 450.00 VENDOR TOTAL: 450.00 MENINC MENARDS INC 120110-STREBATE 12/22/10 01 FINANCE-JULY - SEPTEMBER 2010 01-120-78-00-9003 01/11/11 37,843.92 SALES TAX REBATE 02 SALES TAX REBATE ** COMMENT ** INVOICE TOTAL: 37,$43,92 VENDOR TOTAL: 37,843.92 MENLAND MENARDS - YORKVILLE 46706 11/30/10 01 LAND CASH-CONCRETE MIX, LINE 72-000-75-00-7339 01/11/11 56.38 BRISTOL BAY REGIONAL PARK 02 REEL ** COMMENT ** INVOICE TOTAL: 56.38 -19- DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 08:50:58 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ---------------------------------------------------------------------------------------------------------------------------------- MENLAND MENARDS - YORKVILLE 47010 12/01/10 01 LAND CASH-CONCRETE MIX 72-000-75-00-7336 01/11/11 15.42 WHEATON WOODS NATURE TRL INVOICE TOTAL: 15.42 50032 12/13/10 01 STREETS-GALVANIZED NIPPLES 01-410-65-00-5804 01/11/11 2.22 OPERATING SUPPLIES INVOICE TOTAL: 2.22 50272-10 12/14/10 01 WATER OP-BATTERIES 51-000-65-00-5804 C1/11/11 12.37 OPERATING SUPPLIES INVOICE TOTAL: 12.87 50302 12/14/10 01 WATER OP-STOVE BOLT 51-000-65-00-5804 01/11/11 0.87 OPERATING SUPPLIES INVOICE TOTAL: 0.82 50790 12/16/10 01 STREETS-FIRE EXTINGUISHER 01-410-62-00-5416 01/11/11 3.96 MAINTENANCE PROPERTY INVOICE TOTAL: 3.96 51589 12/20/10 01 STREETS-TAPE MEASURE 01-410-65-00-5804 01/11/11 5.23 OPERATING SUPPLIES INVOICE TOTAL: 5.23 51594 12/20/10 01 WATER OP-TEFLON TAPE, BALL 51-000-65-00-5304 01/11/11 19.15 OPERATING SUPPLIES 02 VALVE ** COMMENT ** INVOICE TOTAL: 19.15 51739 12/20/10 01 WATER OP-WATER 51-000-65-00-5804 01/11/11 2.49 OPERATING SUPPLIES INVOICE TOTAL: 2.49 51935 12/21/10 01 POLICE-SNOWBRUSH, FLUSH LEVER 01-210-65-00-5804 01/11/11 23.84 OPERATING SUPPLIES INVOICE TOTAL: 23.34 10 DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 1� TIME: 08:50:58 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.0_ # DUE DATE ITEM AMT ----------------------------------------------------------------------------------------------------------------------------------- MENLAND MENARDS - YORKVILLE 51951 12/21/10 01 POLICE-FLUSH LEVER, SNOWBRUSH 01-210-65-00-5804 01/11/11 4.79 OPERATING SUPPLIES INVOICE TOTAL: 4.79 51981. 12/21/10 01 POLICE-BATTERIES 01-210-65-00-5804 01/11/11 9.58 OPERATING SUPPLIES INVOICE TOTAL: 9.58 52292-10 12/22/10 01 POLICE-MOUSE TRAPS 01-210-65-00-5804 G1/11/11 4.05 OPERATING SUPPLIES INVOICE TOTAL: 4.05 VENDOR TOTAL: 160.8C MESIROW MESIROW INSURANCE SERVICES INC 714977 12/16/10 01 FINANCE-ANNUAL AGENCY & 01-120-62-00-5400 01/11/11 19,000.00 INSURANCE- LIABILITY & PRO 02 SERVICE FEE ** COMMENT ** INVOICE TOTAL: 19, 000.0C 71.6776 12/28/10 01 FINANCE-PUBLIC OFFICIALS BOND- 01-120-62-00-5400 01/11/11 100.00 INSURANCE- LIABILITY & PRO 02 FINANCE DIRECTOR ** COMMENT ** INVOICE TOTAL: 100.00 716970 12/29/10 01 FINANCE-GENERAL LIABILITY 01-120-62-00-5400 01/11/11 15,306.75 INSURANCE- LIABILITY & PRO 02 POLICY #GP09315802 RENEWAL ** COMMENT ** INVOICE TOTAL: 15,306.75 716971 12/29/10 01 FINANCE-PUBLIC OFFICIALS BOND 01-120-62-00-5400 01/11/11 100.00 INSURANCE- LIABILITY & PRO 02 - TREASURER ** COMMENT ** INVOICE TOTAL: 100.00 DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 08:50:58 DETAIL BOARD REPORT ID: AP441000.W0W INVOICES DUE ON/BEFORE 01/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------- MESIROW MESIROW INSURANCE SERVICES INC 716972 12/29/10 01 FINANCE-COMMERCIAL AUTO POLICY 01-120-62-00-540C 01/11/11 9,249.25 INSURANCE- LIABILITY & PRO 02 #8103037P094 RENEWAL ** COMMENT ** INVOICE TOTAL: 9,249.25 716974 12/29/10 01 FINANCE-PRIMARY UMBRELLA 01-120-62-00-5400 01/11/11 5,796.50 INSURANCE- LIABILITY & PRO 02 POLICY #GE09300552 RENEWAL ** COMMENT ** INVOICE TOTAL: 5f-796.5C- 716980 12/29/10 01 FINANCE-COMMERCIAL PROPERTY 01-120-62-00-5400 01/11/11 12,681.25 INSURANCE- LIABILITY & PRO 02 POLICY #603622M4037 RENEWAL ** COMMENT ** INVOICE TOTAL: 12,681.25 VENDOR TOTAL: 62,233.75 METLIFE METLIFE SMALL BUSINESS CENTER 121710 12/17/10 01 FINANCE-JAN. LIFE INSURANCE 01-120-50-00-5204 01/11/11 1, 919.41 BENEFITS- GROUP LIFE INSUR INVOICE TOTAL: 1,919.41 VENDOR TOTAL: 1,919.41 MIDAM MID AMERICAN WATER 66212A 12/13/10 01 WATER OP-UPPER STEM, BRASS 51-000-75-00-7507 01/11/11 950.00 HYDRANT REPLACEMENT 02 SEAT, MAIN VALVE, UPPER PLATE ** COMMENT ** 03 LOWER PLATE, LOWER NUT, GASKET ** COMMENT ** INVOICE TOTAL: 950.00 93030A 12/14/10 01 WATER OP-COPPER CURB STOPS 51-000-65-00-5804 01/11/11 408.00 OPERATING SUPPLIES INVOICE TOTAL: 408.O0 VENDOR TOTAL: 1,358.00 lc DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 08:50:58 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ MJELECT MJ ELECTRICAL SUPPLY, INC. 1119579-01 12/13/10 01 STREETS-FUSES 01-410-62-00-5415 01/11/11 29.50 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 29.5C VENDOR TOTAL: 29.50 MONTRK MONROE TRUCK EQUIPMENT 286563 12/01/10 01 STREETS SNOW PLOW BLADE 01-410-62-00-5408 01/11/11 102.56 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 102.56 287502 12/21/10 01 STREETS-SNOW PLOW LIFT 01-410-62-00-5408 01/11/11 357.88 MAINTENANCE-EQUIPMENT 02 CYLINDER ** COMMENT ** INVOICE TOTAL: 357.88 VENDOR TOTAL: 460.44 NCI NORTHWEST COLLECTORS INC 068231 12/23/10 01 POLICE-COMMISSION ON 01-210-62-00-5443 01/11/11 50.00 ADMIN ADJUDICATION CONTRAC 02 COLLECTIONS ** COMMENT ** INVOICE TOTAL: 50.00 VENDOR TOTAL: 50.00 NCL NCL EQUIPMENT SPECIALTIES 9585 10/29/10 01 STREETS-ALKALINE BATTERY 01-410-65-00-5804 01/11/11 100.00 OPERATING SUPPLIES 02 HOUSING ** COMMENT ** INVOICE TOTAL: 100.00 VENDOR TOTAL: 100.00 NEXTEL NEXTEL COMMUNICATIONS In DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 20 TIME: 08:50:58 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ NEXTEL NEXTEL COMMUNICATIONS 837900513-106-C 12/21/10 01 COMM/DEV-MONTHLY CHARGES 01-220-62-00-5438 01/11/11 90.04 CELLULAR TELEPHONE 02 COMM/RELATIONS-MONTHLY CHARGES 01-130-62-00-5438 25.02 CELLULAR TELEPHONE 03 ENG-MONTHLY CHARGES 01-150-62-00-5438 100.09 CELLULAR TELEPHONE 04 FINANCE-MONTHLY CHARGES 01-120-62-00-5438 25.C2 CELLULAR TELEPHONE 05 POLICE-MONTHLY CHARGES 01-210-62-00-5438 945.74 CELLULAR TELEPHONE 06 SEWER OP-MONTHLY CHARGES 52-000-62-00-5438 96.74 CELLULAR TELEPHONE 07 STREETS-MONTHLY CHARGES 01-410-62-00-5438 146.78 CELLULAR TELEPHONE 08 WATER OP-MONTHLY CHARGES 51-000-62-00-5438 146.79 CELLULAR TELEPHONE INVOICE TOTAL: 1,576.22 VENDOR TOTAL: 1,576.22 NICOR NTCOR GAS 07 72-09 0117 7-1210 12/21/10 01 ADMIN-1301 CAROLYN CT 01-110-78-00-9002 01/11/11 34.47 NICOR GAS INVOICE TOTAL: 34.47 95-16-10-1000 4-1210 12/13/10 01 ADMIN-1 RT. 47 01-110-78-00-9002 01/11/11 218.99 NICOR GAS INVOICE TOTAL: 218.99 VENDOR TOTAL: 253.46 OFFWORK OFFICE WORKS 133252 12/16/10 01 COMM/DEV-PENS, PADS, ENVELOPES 01-220-65-00-5802 01/11/11 27.70 OFFICE SUPPLIES _qn_ DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 21 TIME: 08:50:58 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AM; ------------------------------------------------------------------------------------------------------------------------------------ OFFWORK OFFICE WORKS 133252 12/16/10 02 BINDER CLIPS ** COMMENT ** 01/11/11 03 ENG-BINDER CLIPS, ENVELOPES, 01-150-65-00-5802 27.70 OFFICE SUPPLIES 04 PENS, PADS ** COMMENT ** INVOICE TOTAL: 55.40 VENDOR TOTAL: 55.4c OLSONB BART OLSON 123110-PH 12/20/10 01 ADMIN-DECEMBER PHONE BILL 01-110-62-00-5438 01/11/11 45.00 CELLULAR TELEPHONE 02 REIMBURSEMENT ** COMMENT ** TNVOICE TOTAL: 95.0C VENDOR TOTAL: 45.00 PATTEN PATTEN INDUSTRIES, INC. P53C0117374 12/17/10 01 WATER OP-FILTERS, FILTER 51-000-62-00-5408 01/11/11 206.00 MAINTENANCE-EQUIPMENT 02 ELEMENTS ** COMMENT ** INVOICE TOTAL: 206.00 VENDOR TOTAL: 206.00 PUBSAFDI PUBLIC SAFETY DIRECT, INC 21709 12/22/10 01 POLICE-REMOVED EQUIPMENT FROM 01-210-62-00-5409 01/11/11 325.00 MAINTENANCE - VEHICLES 02 SQUAD ** COMMENT ** INVOICE TOTAL: 325.00 VENDOR TOTAL: 325.00 QUILL QUILL CORPORATION 9595463 11/30/10 01 ADMIN-BOXES 01-110-65-00-5802 01/11/11 104.92 OFFICE SUPPLIES INVOICE TOTAL: 104.92 _9t- DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 22 TIME: 08:50:58 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTICN ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ QUILL QUILL CORPORATION 9900371 12/13/10 01 ADMIN-DESK CALENDAR REFILL, 01-110-65-00-5802 01/11/11 16.63 OFFICE SUPPLIES 02 LABELS ** COMMENT ** INVOICE TOTAL: 16.63 9963732 12/15/10 01 POLICE-PAPER 01-210-65-00-5804 01/11/11 17.09 OPERATING SUPPLIES INVOICE TOTAL: 17.09 9964152 12/15/10 01 POLICE-LASER LABELS 01-210-65-00-5802 01/11/11 26.99 OFFICE SUPPLIES INVOICE TOTAL: 26.99 VENDOR TOTAL: 165.63 R0000115 S&K DEVELOPMENT LLC 111510-STREBATE 11/15/10 01 FINANCE-SALES TAX REBATE 01-120-78-00-9003 01/11/11 235.75 SALES TAX REBATE INVOICE TOTAL: 235.75 VENDOR TOTAL: 235.75 R0000405 PEGGY TUTOR 122410 12/20/10 01 ADMIN-BEECHER DEPOSIT REFUND 01-000-21-00-2110 01/11/11 100.00 DEPOSITS PAYABLE INVOICE TOTAL: 100.00 VENDOR TOTAL: 100.00 R0000742 MELISSA WERETKA 121110 12/15/10 01 ADMIN-BEECHER DEPOSIT REFUND 01-000-21-00-2110 01/11/11 50.00 DEPOSITS PAYABLE INVOICE TOTAL: 50.0C VENDOR TOTAL: 50.00 nn DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 23 TIME: 08:50:58 DETAIL BOARD REPORT TD: AP441000.WOW INVOICES DUE ON/BEFORE 01/11!2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ RATOSJ RATOS, JAMES 120110-STREBATE 12/22/10 01 FINANCE-JULY - SEPTEMBER 2010 01-120-78-00-9003 01/11/11 3,548.14 SALES TAX REBATE 02 SALES TAX REBATE ** COMMENT ** INVOICE TOTAL: 3,548.14 VENDOR TOTAL: 3,548.14 RSMITS R. SMITS & SONS 121510 12/15/10 01 HEALTH & SANITATION-LEAF 01-540-62-00-5443 00204770 01/11/11 3,360.00 LEAF PICKUP 02 DISPOSAL FEE ** COMMENT ** INVOICE TOTAL: 3,360.00 VENDOR TOTAL: 3,360.00 RUBINO RUBINO ENGINEERING INC. 291 11/30/10 01 ENG-PATCHING 01-150-62-00-5401 01/11/11 464.00 CONTRACTUAL SERVICES INVOICE TOTAL: 464.00 VENDOR TOTAL: 464.00 RUSITYORK RUSH-COPLEY HEALTHCARE 3051 12/21/10 01 POLICE-PHYSICAL 01-210-64-00-5607 01/11/11 266.00 POLICE COMMISSION INVOICE TOTAL: 266.00 VENDOR TOTAL: 766.00 SERVMASC SERVICEMASTER COMM. CLEANING 150032 12/15/10 01 ADMIN-MONTHLY CITY OFFICE 01-110-62-00-5406 01/11/11 1,196.00 OFFICE CLEANING 02 CLEANING ** COMMENT ** INVOICE TOTAL: 1,196.00 VENDOR TOTAL: 1, 196.00 _9a_ DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 24 TIME: 08:50:58 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ----------------------------------------------------------------------------------------------------------------------- SHELL SHELL OIL CO. 065159923012-PW 12/06/10 01 STREETS-GASOLINE 01-410-65-00-5812 00204769 01/11/11 863.92 GASOLINE 02 WATER OP-GASOLINE 51-000-65-00-5812 863.91 GASOLINE 03 SEWER OP-GASOLINE 52-000-65-00-5812 863.91 GASOLINE INVOICE TOTAL: 2,591.74 065356230012-PD 12/13/10 01 POLICE-GASOLINE 01-210-65-00-5812 01/11/11 5,379.81 GASOLINE INVOICE TOTAL: 5,379.81 VENDOR TOTAL: 7,971.55 SHREDIT SHRED-IT 021382907 12/16/10 01 ADMIN-MONTHLY SHREDDING 01-110-65--00-5804 01/11/11 145.52 OPERATING SUPPLIES INVOICE TOTAL: 145.52 VENDOR TOTAL: 145.52 SIRCHIE SIRCHIE ACQUISITION COMPANY 0020459-IN 12/13/10 01 POLICE-EVIDENCE BOX, BAGS, RED 01-210-65-00-5803 01/11/11 372.87 EVIDENCE TECH SUPPLIES 02 TAPE, FIBER BRUSH ** COMMENT ** INVOICE TOTAL: 372.87 VENDOR TOTAL: 372.87 STEVENS STEVEN'S SILKSCREENING 111148 12/16/10 01 POLICE-EMBROIDERY 01-210-62-00-5421 01/11/11 60.00 WEARING APPAREL INVOICE TOTAL: 60.00 111179 12/23/10 01 POLICE-EMBROIDERY 01-210-62-00-5421 01/11/11 20.00 WEARING APPAREL INVOICE TOTAL: 20.00 VENDOR TOTAL: 80.00 DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 25 TIME: 08:50:58 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ STREICH STREICHERS I795144 12/13/10 01 POLICE-SHIRT 01-210-62-00-5421 01/11/11 35.00 WEARING APPAREL INVOICE TOTAL: 35.00 7795785 12/15/10 01 POLICE-2 SHIRTS 01-210-62-00-5421 O1/1.1./1 61.00 WEARING APPAREL INVOICE TOTAL: 61.00 1795995 12/15/10 01 POLICE-3 PAIRS OF PANTS, 01-210-62-00-5421 01/11/11 143.99 WEARING APPAREL 02 HOLSTER ** COMMENT ** 03 POLICE-BATTERIES 01-210-62-00-5408 144.96 MAINTENANCE - EQUIPMENT INVOICE TOTAL: 288.95 VENDOR TOTAL: 384.95 SUBURBAN SUBURBAN CHICAGO NEWSPAPERS 113010 11/30/10 01 ADMIN-NOVEMBER SUBSCRIPTION 01-110-64-00-5603 01/11/11 100.00 SUBSCRIPTIONS 02 FINANCE-NOVEMBER SUBSCRIPTION 01-120-64-00-5603 97.87 SUBSCRIPTIONS/ BOOKS INVOICE TOTAL: 197.87 VENDOR TOTAL: 197.87 SUPERIOR SUPERIOR ASPHALT MATERIALS LLC 20101345 11/30/10 01 MFT-WINTER COLD PATCH 15-000-75-00-7110 00204768 01/11/11 1, 500.15 COLD PATCH INVOICE TOTAL: 1,500.15 VENDOR TOTAL: 1,500.15 SUTCLIFR ROBIN SUTCLIFF 2010HUTS 12/22/10 01 ADMIN-REIMBURSEMENT 01-000-24-00-2427 01/11/11 258.02 HOLIDAY UNDER THE STARS -'Dr_ DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 26 TIME: 08:50:58 DETAIL BOARD REPORT TD: AP441000.WOW INVOICES DUE ON/BEFORE 01/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ----------------------------------------------------------------------------------------------------------- SUTCLIFR ROBIN SUTCLTFF 2010HUTS 12/22/10 02 FOR ITEMS PURCHASED FOR ** COMMENT ** 01/11/11 03 HOLIDAY UNDER THE STARS ** COMMENT ** INVOICE TOTAL: 258.02 VENDOR TOTAL: 258.02 TAPCO TAPCO 356484 12/09/10 01 MFT-STREET SIGNS 15-000-75-00-7007 01/11/11 251.70 SIGNS INVOICE TOTAL: 251.70 VENDOR TOTAL: 251.70 TARGET TARGET BANK 121810-CITY 12/18/10 01 ADMIN-GIFT CARDS FOR HOLIDAY 01-000-24-00-2427 01/11/11 40.00 HOLIDAY UNDER THE STARS 02 UNDER THE STARS ** COMMENT ** 03 ADMIN-PAPER TOWELS 01-110-65-00-5804 13. 7 OPERATING SUPPLIES INVOICE TOTAL: 53.77 VENDOR TOTAL: 53.77 TUCKER TUCKER DEVELOPMENT CORP. 120110-STREBATE 12/22/10 01 FINANCE-JULY - SEPTEMBER 2010 01-120-78-00-9003 01/11/11 36,396.43 SALES TAX REBATE 02 SALES TAX REBATE ** COMMENT ** INVOICE TOTAL: 36,396.43 VENDOR TOTAL: 36,396.43 TUFFY TUFFY AUTO SERVICE CENTER 20600 12/21/10 01 POLICE-OIL CHANGE 01-210-62-00-5409 01/11/11 29.95 MAINTENANCE - VEHICLES INVOICE TOTAL: 29.95 _7R_ DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 2-7 TIME: 08:50:58 DETAIL BOARD REPORT TD: AP441000.WOW INVOICES DUE ON/BEFORE O1/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AM: ------------------------------------------------------------------------------------------------------------------------------------ TUFFY TUFFY AUTO SERVICE CENTER 20604 12/21/10 01 ENG-OIL CHANGE 01-150-62-00-5409 01/11/11 33.95 MAINTENANCE-VEHICLES INVOICE TOTAL: 33.95 20725 12/29/10 01 POLICE-OIL CHANGE 01-210-62-00-5409 01/11/11 25.95 MAINTENANCE - VEHICLES INVOICE TOTAL: 25.95 20728 12/29/10 01 POLICE-OIL CHANGE, WIPER BLADE 01-210-62-00-5409 01/11/11 50.99 MAINTENANCE - VEHICLES INVOICE TOTAL: 50.99 20731 12/29/10 01 POLICE-WIPER BLADES 01-210-62-00-5409 01 /11/11 15.98 MAINTENANCE - VEHICLES INVOICE TOTAL: 15.98 VENDOR TOTAL: 156.82 UPS UNITED PARCEL SERVICE 00004296X2510 12/18/10 01 ADMIN-1 PKG. TO KFO 01-110-65-00-5808 01/11/11 60.59 POSTAGE & SHIPPING INVOICE TOTAL: 60.59 VENDOR TOTAL: 60.59 USBANK U.S. BANK TI,LINOISRBB2003BGEN 12/14/10 01 SEWER OP-PRINCIPLE PAYMENT 52-200-66-00-6003 01/11/11 90,000.00 2003A IRBB INTEREST PMT-BR 02 SEWER OP-INTEREST PAYMENT 52-200-66-00-6003 36,826.25 2003A IRBB INTEREST PMT-BR 03 SEWER OP-PAYING AGENT FEES 52-000-62-00-5401 1,690.59 CONTRACTUAL SERVICES INVOICE TOTAL: 128,516.84 VENDOR TOTAL: 128,516.84 97_ DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 28 TIME: 08:50:58 DETAIL BOARD REPORT TD: AP441000.WOW INVOICES DUE ON/BEFORE 01/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ VIKICHEM VIKING CHEMICAL COMPANY 209693 12/10/10 01 WATER OP-CHEMICALS 51-000-62-00-5407 01/11/11 849.15 TREATMENT FACILITIES O&M INVOICE TOTAL: 849.15 VENDOR TOTAL: 849.15 VTSA VISA 122710-CITY 12/27/10 01 FINANCE-WEBSITE UPKEEP FEES 01-120-75-00-7002 C1/11/11 15.77 COMPUTER EQUIP & SOFTWARE 02 WATER OP-ILAWWA CONFERENCE 51-000-64-00-5604 250.00 TRAINING & CONFERENCES 03 REGISTRATION FOR 1 PERSON ** COMMENT ** 04 STREETS-MONTHLY CABLE 01-410-62-00-5401 19.99 CONTRACTUAL SERVICES 05 WATER OP-MONTHLY CABLE 51-000-62-00-5401 19.98 CONTRACTUAL SERVICES 06 SEWER OP-MONTHLY CABLE 52-000-62-00-5401 19.98 CONTRACTUAL SERVICES 07 ADMIN-REFRIGERATOR WATER 01-110-65-00-5804 37.18 OPERATING SUPPLIES 08 FILTER REPLACEMENT ** COMMENT ** INVOICE TOTAL: 352.90 122710-PD 12/27/10 01 POLICE-TRAINING MEAL COSTS 01-210-64-00-5605 01/11/11 41.08 TRAVEL EXPENSES 02 POLICE-CAMERA, MEMORY CARD 01-210-65-00-5803 529.98 EVIDENCE TECH SUPPLIES INVOICE TOTAL: 571.06 VENDOR TOTAL: 933.96 VSP VISION SERVICE PLAN 121710 12/17/10 01 FINANCE-JANUARY VISION 01-120-50-00-5205 01/11/11 981.56 BENEFITS- DENTAL/ VISION A 00 DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 29 TIME: 08:50:58 DETAIL BOARD REPORT TD: AP441000.WOW INVOICES DUE ON/BEFORE 01/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ VSP VISION SERVICE PLAN 121710 12/17/10 02 INSURANCE ** COMMENT ** 01/11/11 INVOICE TOTAL: 981.56 VENDOR TOTAL: 981.56 WFTNERTA ANDREA WEINERT 122210 12/22/10 01 COMM/DEV-NOTARY COMMISSION 01-220-64-00-5604 01/11/11 10.00 TRAINING & CONFERENCES 02 CARD REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 10.00 VENDOR TOTAL: 10.00 WESLEY WESLEY PROPERTY CORP. 120110-STREBATE 12/22/10 01 FINANCE-JULY - SEPTEMBER 2010 01-120-78-00-9003 C1/11/11 36,981.23 SALES TAX REBATE 02 SALE TAX REBATE ** COMMENT ** INVOICE TOTAL: 36, 981.23 VENDOR TOTAL: 36,981.23 WHOLTIRE WHOLESALE TIRE 135978 12/20/10 01 POLICE-BATTERY 01-210-62-00-5409 01/11/11 79.95 MAINTENANCE - VEHICLES INVOICE TOTAL: 79.95 VENDOR TOTAL: 79.95 WTLDATRY WILDMAN, HARROLD, ALLEN & 437381 11/30/10 01 ADMIN-LOCAL SITING ENGAGEMENT 01-110-61-00-5300 01/11/11 5,015.60 SPECIAL COUNSEL INVOICE TOTAL: 5,015.66 VENDOR TOTAL: 5,015.6C WOLFCOMP WOLF & COMPANY nn DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 3C TIME: 08:50:58 DETAIL BOARD REPORT TD: AP441000.WOW INVOICES DUE ON/BEFORE 01/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT -------------------------------------------------------------------------------------------------------------------- WOLFCOMP WOLF & COMPANY 88050 12/16/10 01 FINANCE-FIRST PROGRESS BILLING 01-120-61-00-5304 01/11/11 10,000.00 AUDIT FEES & EXPENSES 02 FOR 04/30/10 AUDIT ** COMMENT ** INVOICE TOTAL: 10,000.06 VENDOR TOTAL: 10,000.00 WTRPRD WATER PRODUCTS, INC. 0224330 12/13/10 01 WATER OP-BAND REPAIR CLAMP 51-000-65-00-5804 01/11/11 264.93 OPERATING SUPPLIES INVOICE TOTAL: 264.93 VENDOR TOTAL: 264.93 YORKACE YORKVILLE ACE & RADIO SHACK 135842 12/15/10 01 SEWER OP-TAP 52-000-62-00-5422 01/11/11 4.09 LIFT STATION MAINTENANCE INVOICE TOTAL: 9.00 VENDOR TOTAL: 4.09 YORKAREA YORKVILLE AREA CHAMBER OF 121010 12/10/10 01 ADMTN-GREEN BUSINESS 01-110-65-00-5804 01/11/11 20.00 OPERATING SUPPLIES 02 DESIGNATION APPLICATION FEE ** COMMENT ** INVOICE TOTAL: 20.00 26358 12/09/10 01 ADMIN-2011 ANNUAL MEMBERSHIP 01-110-64-00-5600 01/I1/1) 2,500.00 DUES 02 RENEWAL ** COMMENT ** INVOICE TOTAL: 2,500.00 VENDOR TOTAL: 2,520.00 YORKECON YORKVILLE ECONOMIC DEV -zn- DATE: 01/05/11 UNITED CIT:' OF YORKVILLE PAGE: 31 TIME: 08:50:58 DETAIL BOARD REPORT TD: AP441000.WOW INVOICES DUE ON/BEFORE 01/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ YORKECON YORKVILLE ECONOMIC DEV 4661 12/01/10 01 COMM/DEV-ANNUAL EXECUTIVE 01-220-62-00-5432 01/11/11 45,000.00 ECONOMIC DEVELOPMENT 02 MEMBERSHIP RENEWAL ** COMMENT ** INVOICE TOTAL: 45,000.00 VENDOR TOTAL: 45,000.00 YORKNAPA YORKVILLE NAPA AUTO PARTS 941019 11/02/10 01 SEWER OP-FLEET CHARGE 52-000-62-00-5409 Cl/11/11 34.92 MAINTENANCE-VEHICLES INVOICE TOTAL: 34.92 941950 11/10/10 01 SEWER OP-OIL FILTERS 52-000-62-00-5409 01/11/11 4.94 MAINTENANCE-VEHICLES INVOICE TOTAL: 4.94 945862 12/14/10 01 POLICE-BATTERY 01-210-62-00-5409 01/11/11 92.99 MAINTENANCE - VEHICLES INVOICE TOTAL: 92.99 945949 12/15/10 01 POLICE-BATTERY DEPOSIT 01-210-62-00-5409 01/11/11 -10.00 MAINTENANCE - VEHICLES INVOICE TOTAL: -10.00 946488 12/20/10 01 POLICE-WIND SHIELD WASHER 01-210-62-00-5409 01/11/11 27.24 MAINTENANCE - VEHICLES 02 FLUID ** COMMENT ** INVOICE TOTAL: 27.24 947092 12/27/10 01 POLICE-BATTERY, CABLE BOLT 01-210-62-00-5409 01/11/11 80.12 MAINTENANCE - VEHICLES INVOICE TOTAL: 80.12 947298 12/29/10 01 POLICE-LICENSE PLATE BULB 01-210-62-00-5409 01/11/11 2.01 MAINTENANCE - VEHICLES INVOICE TOTAL: 2.01 VENDOR TOTAL: 232.22 o� DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 32 TIME: 08:50:58 DETAIL BOARD REPORT TD: AP441000.WOW INVOICES DUE ON/BEFORE 01/11/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # Y.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ YORKPDPC YORKVILLE POLICE DEPT. 123010 12/30/10 01 PD CAPITAL-REGISTRATION AND 20-000-65-00-5840 01/11/11 105.00 SEIZED VEHICLES 02 TITLE FOR SEIZED VEHICLE ** COMMENT ** INVOICE TOTAL: 105.00 VENDOR TOTAL: 105.00 YORKPR YORKVILLE PARK & RECREATION 013111-TRANSFER O1/01/11 01 FINANCE-PARK AND REC TRANSFER 01-120-99-00-9940 C1/11/11 79,324.16 TRANSFER TO PARK & RECREAT INVOICE TOTAL: 79,324.15 VENDOR TOTAL: 79, 324.16 YORKSELF YORKVILLE SELF STORAGE, INC 122210-45 12/22/10 01 POLICE STORAGE 01-210-65-00-5802 01/11/11 75.00 OFFICE SUPPLIES INVOICE TOTAL: 75.00 VENDOR TOTAL: 75.00 TOTAL ALL INVOICES: 614,247.07 UNITED CITY OF YORKVILLE PAYROLL SUMMARY 1/112011 REGULAR OVERTIME TOTAL IMRF S. SECURITY TOTALS ADMINISTRATION 7,136.29 0.00 7,136.29 678.67 497.79 8,312.75 FINANCE 6,406.13 0.00 6,406.13 632.99 499.35 7,538.47 COMMUNITY REL. 2,500.00 0.00 2,500.00 237.75 153.00 2,890.75 ENGINEERING 6,197.74 0.00 6,197.74 589.41 459.48 7,246.63 POLICE 84,241.17 6,620.77 90,861.94 424.98 6,736.50 98,023.42 COMMUNITY DEV. 8,535.20 0.00 8,535.20 811.69 620.88 9,967.77 STREETS 10,459.69 914.84 11,374.53 1,081.76 844.68 13,300.97 WATER 11,935.90 428.58 12,364.48 1,175.81 902.02 14,442.31 SEWER 7,551.09 0.00 7,551.09 718.10 545.85 8,815.04 PARKS 13,782.21 0.00 13,782.21 1,310.69 1,016.84 16,109.74 RECREATION 7,819.96 0.00 7,819.96 663.69 589.70 9,073.35 REC. CENTER 7,541.27 0.00 7,541.27 398.05 571.10 8,510.42 LIBRARY 16,772.08 0.00 16,772.08 880.75 1,257.77 18,910.60 TOTALS 190,878.73 7,964.19 198,842.92 9,604.34 14,694.96 223,142.22 TOTAL PAYROLL 1/1/2011 223,142.22 TOTAL INVOICES 1/11/2011 614,247.07 TOTAL DISBURSEMENTS 837,389.29 Reviewed By: Agenda Item Number J$ , �-0 Legal ❑ Mayor#1 EST. i , 1836 Finance ❑ Engineer ❑ O City Administrator Tracking Number „Yea K��-My� ��O Police Human Resources ❑El CC 2010-104 C E ` Public Works ❑ City Council Agenda Item Summary Memo Title: Park Naming Request—Marge Cline City Council/ Committee Agenda Date: City Council—January 11, 2011 Synopsis: A request to name the whitewater recreational facility. Packet materials related to the naming request can be found in the December 14th City Council packet. Council Action Previously Taken: Date of Action: 12/28/10 Action Taken: Tabled Item Number: Type of Vote Required: Majority Council Action Requested: Vote Submitted by: Bart Olson Administration Name Department Agenda Item Notes: At time of packet creation, a naming proposal for the park currently named "Bicentennial Riverfront Park" was imminent. This naming proposal is expected to be received in time for the January 27th Park Board meeting. S1GIl M PILGRIM October 8r 2010 Fax 630.553-4360-6 Pages Mr. Bart Olson City Administrator Interim Director of Pars and Recreation United City of Yorkville 800 Game Farm Road Yorkville, B.60560 Bart, Attacied please find the Nanning Applicatms.for toe United City of Ywkvdic Whitewater Venue in memory ofMarge Cline,wbo)w immensely contributed to paddlesport not ordy here in our area but throughout the Midwest and the country. As mentioned in my email of October 6-copy atnr JW-naming tbde venue would be a fitting tribute to Marge wbo leas dedicated so much of her life to ennov safety in paddlespott tbrough educaum and in a odor certifrcawn. I am also attaching a copy of an article which appeared in Arserican Whitewater in by memory which details much more of her a ocomplisbments. Marge was also posthumously awarded the illioois Environmmtal Hero,Award by then Lt.Quinn. 1 have contacted Marge Cline's daughter,Kathy Ulrich,who feels very honored at the opportunity of leaving this legacy to her mother. Please do no hesitate to get back to me if you have.an estsons.As mentioned,I will be out of town all =a week.but accessible by call at Sin y, 1fDItKv111� PARKC 1 PECMATION PO is MMIng Application YtxM16 Pam lid Rea+et+UM DVwb 201 west Hyydmdir Sb eet Ya*Ane,n,60560 Phone 630.553-4357-lht 630-553-4,360 Person compiedng application 1 '�E'14) On behalf of(per or organs, bon G L •-AI P Park, pC�,�V,C- _ A :4v 42 y • •a Ry/WAdon0 to be fo rnarr" Please erpaln why this name should be considered(Please use bac#of apDljtlon to anarh adQltlorlat sheets W necessary). APcfi� G' i�� ,h'�16� � �GQr ►�/ i �' d t 7V _ �d!/i'�1�V6i ,�`"%��c C��"��ir!r !�t!�J�s2 C i)�y✓ , 7"C� f`�oAt)Z3LFf2's' F/�rr.2 &plc' Axw ,•+�Cre►�f/dGjrllfi4 S !�`/6�? �8r /$i� 7'?_,,_ if stmt after a perm.,please:-y d=it pawn or his mn&oonra d i9�7 / lyl�Ll1/C Phone OFFICE USE Dale ReceMW Staff bdi* RmQuest Verified by SWf Schedule for Park hoard Review Date Action City Council Date Achan Dedication Marne on Location of Park, Faeft, BuYM%'Thoroughfare Bart Olson From: Sigrid Pilgrim Sent: Wednesday, Ju y 1 To: Bart Olson Cc: Thomas lindblade Subject: information about Marge Cline Attachments: Lt Gov Quinn giving plaque to Kathy.jpg; Environmental Hero Award Dec 2007.jpg Follow Up Flag: Follow up Due By: Friday, July 31, 2009 9:30 AM Flag Status: Flagged Categories: Red Category Hello Bart, Tom asked me to send you information about Marge Cline's contribution to paddlesport here in the Midwest(and beyond)in consideration of naming the Yorkville course in her memory-which would be more than well deserved. Perhaps the best I can offer is the article which was coauthored by Randy Hetfield,current President of the Chicago Whitewater Association(for which Marge edited the newsletter for 28.5 years)and myself.You can find the article which was published in the January/February 2008 American Whitewater Journal(Marge was President of the organization for six years)at this site.I can also send you a hard copy if you would like me to. http://www.americanwhitewater.org/content/Journal/show-page/issue/1/page/6/year/2008/ Marge was responsible for bringing the instructional program by the American Canoe Association back to the Midwest(it actually was originally developed here)and taught/certified countless individuals in Illinois as well as surrounding states,including the staff at the Evanston Environmental Association,the Friends of the Chicago River,even our own Thomas Lindblade! Marge's efforts were posthumously recognized in December 2007 by then Lt Governor Quinn with the Environmental Hero award (see pictures attached-the certificate and(then)Lt Gov Quinn handing it to Kathy,Marge's daughter. In 2000,Marge also was named as one of Paddler Magazine's top 100 paddlers of the century;Marge had served on the board of the American Canoe Association for more than a decade,and also was instrumental in shaping the association's Safety,Education and Instruction committee.She also volunteered during the Olympics Atlanta for the kayaking competition. In summary-I cannot think of any paddler in the Midwest who would be more deserving than Marge Cline to have a name associated with a paddling venue-especially one that could be used for instructional and educational purposes. Marge Cline also established a fund in the name of her deceased son Michael which is administered by her daughter and intended to support educational programs especially for youth.So having a venue associated with Marge's name,and an instructional facility that could support youth programs,would not only be recognized and a draw by and for local paddlers but on the national level as well. I will be happy to answer any other questions you may have concerning the contributions that Marge Cline has made. Sincerely-Sigrid Sigrid H.Pilgrim Director,Illinois Paddling Council W"AY.t mc)Spa mg.org 1 Bart Olson From: Sent: vVeCalnesday, c o er 06, 2010 3:32 PM To: Bart Olson Cc: Loren Wobig; Thomas lindblade Subject: Re: information about Marge Cline Bart and Loren, Thank you very much indeed for considering naming the water feature in honor of Marge Cline. cannot think of a more deserving individual who has contributed more to paddler safety than Marge. She not only brought the American Canoe Association's instructor program to the Midwest, but personally taught thousands of students canoeing and kayaking - as well as certified probably a hundred or more instructors in these disciplines. Marge taught for the IDNR, for boy- and girl scouts, summer camps, church groups and more in addition to being CWA's club newsletter editor for more than 28 years! I would like to direct you to the memorial that the Chicago Whitewater Association has on their web page and to which many people have contributed information about Marge. Please visit here - it may take you some time to read it all! http://www.chicagowhitewater.org/cwa/margecline.asp Marge received many honors - including being one of the 100 Legends of Paddling, she was posthumously given recognition for her many services by the IDNR (I will forward details on this later)..... Unfortunately, I will be out of town all next week on a business trip, and thus, will not be able to attend on Thursday; however, I would be pleased to come to the meeting on October 28. 1 will also check with other people who have knowledge about Marge Cline and let you know if I can locate someone able to come. Where and at what time would this meeting be? I know that there are many paddlers that are willing to send letters or otherwise provide support for naming this venue in honor of Marge Cline. I would be personally willing and offer my services, if appropriate, to put out a call to the paddling community to contribute financially - perhaps by "buying" a rock in the venue, or an eddy, or wave! This has been done before at other whitewater courses and could fulfill your requirement that naming a feature within the city is accompanied by a financial contribution. Please do not hesitate to get back to me with any question. I will be leaving on Saturday and will be gone for a full week, but you can reach me on my cell at Thank you very much for your consideration and I offer whatever support you require to turn this into reality. I can also tell you that should this naming become reality -we will be able to give your city and IDNR appropriate exposure in the many paddling magazines that have written and known about Marge Cline and would be willing to honor her again. Sincerely, i C/Ty Reviewed By: Agenda Item Number Legal ■ Mayor#2 lass EST. Z Finance ❑ Engineer ❑ City Administrator ■ Tracking Number ��. � O�co Police F1��,�a, CC 2010-114 LE `��, Human Resources ❑ Comm. Development ■ City Council Agenda Item Summary Memo Title: Wheaton Woods cell tower lease agreement City Council/ Committee Agenda Date: City Council—January 11, 2011 Synopsis: A lease agreement between the City and Verizon Wireless for a flag-pole style cell- tower within the Wheaton Woods park. Council Action Previously Taken: Date of Action: CC 12-28-10 Action Taken: First Reading Item Number: CC 2010-114 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: This item was unanimously recommended for approval by Park Board. Recommendation for use of the funds derived from the lease agreement is attached in a supple- mental memo. Cyr o Memorandum 1 To: City Council esr. ��- 1836 From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator 1 (W Date: January 7, 2011 Subject: Verizon Wireless—Wheaton Woods Park Authorization to Execute a Land Lease Agreement for a new Flagpole Telecommunications Tower at 225 W.Wheaton Ave. Per the request of Alderman Golinski and consent of the City Council at last month's meeting, staff and the city attorney have further reviewed Section 25.4 Landlord's Indemnity of the proposed Verizon Wireless Land Lease Agreement and found a scrivener's error regarding the city's liability relating to environmental matters. Therefore, we recommend changing the last word in this section from "Tenant"to "Landlord' so that it reads as follows: 25.4 Landlord's Indemnity. In all other cases, Landlord indemnifies the Tenant and agrees to hold the Tenant harmless from and against any and all losses, liabilities, damages, injuries, costs expenses and claims of any and every kind whatsoever paid, incurred or suffered by or asserted against Tenant for, with respect to, or as a direct result of, the presence on or under, or the escape seepage, leakage, spillage, discharge, emission, discharging or release from the Premises or into or upon any land, the atmosphere, or any watercourse, body of water or wetland, of any Hazardous Material (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under Applicable Environmental Laws) caused by or in control of Landlord. Representatives from Verizon Wireless have also reviewed and agreed to the recommended revision to the land lease agreement. All other terms of the originally proposed agreement remain unaffected. For your reference, staff has attached the originally proposed agreement, the revised redlined agreement, and a clean copy of the revised agreement. 1 Red-lined Version of Revised Agreement Land Lease Agreement 1.1 Landlord's Contact Person Bart Olson 800 Game Farm Rd. Yorkville,IL 60560 1.9 Property 1.2 Landlord Landlord is the owner of a parcel of Land(the"Property")located at 225 United City of Yorkville Wheaton Avenue,known as Wheaton 800 Game Farm Rd. Woods Park. The Property is more Yorkville,IL 60560 specifically described in Exhibit"A", annexed hereto. 1.3 Name and Address for Payment of Rent Bart Olson 1.10 Premises 800 Game Farm Rd. Landlord hereby leases to and Tenant Yorkville,IL 60560 leases from Landlord,approximately 30' x 35' of the Property and all access 1.4 Landlord's Taxpayer ID and utility easements,if any(the "Premises"), as more specifically depicted on Exhibit"B",annexed 1.5 Property Identification_Numbers hereto. 02-17-276-007 1.11 Lease 1.6 Commencement Date This Land Lease Agreement,including The first day of the month following the Exhibits"A"&"B". Last to occur of:(i)the execution of this agreement or(ii)the Tenant's receipt Of a building permit but no later than i.12 Tenant Address March 1,2011. Chicago SMSA Limited Partnership 1.7 Term d/b/a Verizon Wireless Five(5)years with three(3) 180 Washington Valley Road additional Bedminster,New Jersey 07921 Five(5)year renewal terms;subject to Attention:Network Real Estate Paragraph 3. 1.8 Rent During First Year See Section 4.1 1.13 Tenant's Contact Person Chicago SMSA Limited Partnership d/b/a Verizon Wireless 180 Washington Valley Road Bedminster,New Jersey 07921 Attention:Network Real Estate NOC#800-852-2671 1 THIS LAND LEASE AGREEMENT (the "Lease"), made this day of 2010, between The United City of Yorkville, an Illinois municipal corporation, with an address as stated in Paragraph 1.2, (hereinafter designated "Landlord") and Chicago SMSA Limited Partnership d/b/a Verizon Wireless, with its principal address as stated in Paragraph 1.12, hereinafter designated "Tenant"). The Landlord and Tenant are at times collectively referred to hereinafter as the"Parties" or individually as the "Party". 2:Premises 2.1 Premises. Landlord hereby leases to Tenant a portion of that certain parcel of property (the entirety of Landlord's property is referred to hereinafter as the "Property"), located at 225Wheaton Ave, Yorkville, and commonly known as Wheaton Woods Park, and being described as a 30' x 35' parcel containing 1050 square feet together with the non-exclusive right for ingress and egress, seven (7) days a week twenty-four(24)hours a day, as further described in Paragraph 11, (hereinafter collectively referred to as the "Premises") for access being substantially as described herein in Exhibit"A" attached hereto and made a part hereof. 3: Term and Options to Extend 3.1 Term. This Lease shall be effective as of the date of execution by both parties,provided, however, the initial term shall be for five (5) years and shall commence on the Commencement Date (as hereinafter defined)at which time rental payments will be due per Paragraph 4. The Commencement Date is defined as the later of the first(0)day of the month following: (a)the date this Lease is executed by the parties or; (b) the date Tenant is granted a building permit by the governmental agency charged with issuing such permits,but no later March 1,2011. 3.2 Option to Extend. The term of this Lease shall be automatically renewable for three(3) additional terms of five (5)years ("Renewal Terms") each following the original term or any renewable term at the annual rental stated below and otherwise upon the same terms and conditions stated in this Lease. If Tenant desires not to extend any subsequent term of the Lease it shall give Landlord written notice of its intention not to extend the term at least ninety (90) days prior to the expiration of the then current term whereupon the Lease shall be deemed canceled upon the expiration of the then current term. 4: Rent 4.1 Annual Rent. The annual rent for this Lease shall be Thirty-Five Thousand and no/100 Dollars($35,000.00) made payable on the Commencement Date as defined in Paragraph 3.1(the "Rent"). Rent shall be payable annually in advance on the annual anniversary of the Commencement Date but in no event later that the tenth (10'h) day of that month for the Term year. Rent for any fractional year at the beginning or at the end of the Terra or Renewal Term shall be prorated. Notwithstanding the foregoing, Tenant agrees to pay the rent for the first two lease years,which is in the amount of Seventy-One Thousand Four Hundred Dollars ($71,400:00), to Landlord ("Initial Rent Payment") within thirty (30) days after receipt by Tenant of a written acknowledgement confirming the Commencement Date. Upon payment of the Initial Rent Payment to Landlord, Tenant shall not be obligated to pay any rent pursuant to this Paragraph 4.1 until the second annual anniversary of the Commencement Date(for payment of annual rent for the third year of the Agreement). 4.2 Late Payments. Rent payments made after the tenth(10th)day of the month of the Term year shall be considered late(hereinafter"Late Payments"). Late Payments shall be subject to a processing fee of one and one-half percent (1.5%) of the rent then-due per month or any portion thereof that Rent is received late(the"Processing Fee"),such amount shall not be considered a penalty but rather an estimation of additional processing costs incurred by Landlord. Landlord shall,on or before the fifteenth (15th)of the month after a Late payment is made,provide Tenant written notice of such late Payment and the Processing Fee amount due.Tenant shall include payment for the Processing Fee on or before the fifteenth(15th)of the subsequent month following the written notice. All Rent payments submitted by Tenant shall first be applied towards the balance of any outstanding Processing Fees and then to the balance of Rent then due and payable. 2 4.3 Annual Rent Increase. The annual rent shall increase four percent (4%) on each anniversary of the Commencement Date for the duration of the term and any renewal term. 4.4 Performance Bond. Tenant hereby guarantees that its improvements will be constructed without the attachment of any construction liens and in the event that any such lien is filed against the Premises on account of Tenant's acts or omissions, Tenant shall either promptly post a bond (in form and substance reasonably acceptable to Landlord)indemnifying and defending Landlord for such lien claim or cause such lien to be removed of record. As additional security for the faithful and prompt performance of its obligation under this Lease and in lieu of the obligation to post a security deposit, Tenant agrees to provide Landlord a performance and payment bond in the amount of Ten Thousand Dollars($10,000.00)in a form reasonably acceptable to Landlord (the "Security Deposit"). If Tenant defaults under this Lease, and the default is not cured by Tenant as provided in Paragraph 13,Landlord may use,apply or retain all or a part of this Security Deposit to compensate Landlord for any actual loss, damage or expense incurred or suffered by Landlord by reason of Tenant's incurred default. Prior to Landlord withdrawing the Security Deposit, it shall first give Tenant written notice of its intention to do so and with that notice shall provide to Tenant written documentation of the loss,damage or expense for which Landlord seeks compensation from the Security Deposit. Such notice and documentation shall be provided by landlord to Tenant after the date of the occurrence which gave rise to Landlord's claimed loss, damage or expense. Failure to provide such notice and documentations shall result in a waiver by Landlord of the right to withdraw from the Security Deposit. If the Security Deposit is reduced by Landlord in accordance with this Paragraph, Tenant shall restore the Security Deposit within forty-five (45) days after the notice and demand from Landlord. Landlord shall return the Security Deposit to Tenant or Tenant's assignee within one hundred twenty(120) days after the date of expiration or termination of this Lease. Nothing contained herein shall be construed to limit Landlord's damages to the amount of the security deposit. 4.5 Location for Payment. Rent shall be paid to Landlord at the Address for Payment of Rent in Paragraph 1.3 or to another person, firm or place which the Landlord may from time to time designate in writing at least forty-five(45)days in advance of a rent payment date. 4.6 Landlord's Legal Fees. Within sixty(60)days after full execution of this Lease,Tenant shall reimburse Landlord. for Landlord's attorneys' fees associated with reviewing this form of Lease. Notwithstanding the foregoing said reimbursement shall not exceed Two Thousand and no/100 Dollars ($2,000.00)and shall be contingent on Landlord providing Tenant with a line item invoice evidencing said fees,redacted to protect any attorney-client privileged communication. 5: Use of Property 5.1 Use. Tenant may use the Property only for Tenant's lawful telecommunications antenna tower purposes as well as for related site preparation, improvements and maintenance purposes in accordance with local rules and governmental regulations, and such use shall not interfere with Landlord's use of the Property(i.e.,if Tenant is making improvements to the Property,Tenant cannot place equipment or materials in such a manner as to block Landlord's access). Tenant may not perform or permit to be performed any advertising from or on the Tenant's Facilities. 5.2 Construction A. Tenant shall construct/install Tenant's facilities at Tenant's sole cost and expense and in accordance with the construction drawings attached as Exhibit "B" (Tenant's Facilities"). The tower in Tenant's Facilities shall consist of a flagpole-design telecommunications tower with an overall height no greater than one hundred and one feet(101'-0"). The Tenant's Facilities located on the ground shall also be improved with a new equipment shelter constructed with a gable roof and siding materials to reasonably match the existing City-owned shed located on the premises in a manner consistent with the attached Exhibit`B". The parties acknowledge that in order for Tenant to install its equipment shelter the existing City-owned shed located on the premises must be removed. In consideration of Landlord performing the removing and disposing of the existing shed, Tenant agrees to make a one-time payment of capital to 3 Landlord in the amount of$7,500 within thirty (30) days following the Commencement Date. . The ground equipment shall be screened using an eight foot(8'-0")tall vinyl fence designed to match as nearly as possible the siding material of the equipment shelter to be constructed on the Property. B. Tenant shall not construct/install Tenant's Facilities without receipt of a building permit issued by the Landlord. Prior to issuance of building permit.Tenant shall submit Tenant's construction and antenna drawings to Landlord to sign off and approve the construction and antenna installations. Landlord shall review such drawings within twenty-five (25) business days of receipt of plans. Within thirty (30) days from the date of completion of all construction activity (or as soon as possible thcreafter weather conditions permitting),whether upon installation or later maintenance,repair and replacement,Tenant shall restore or cause to be restored to the reasonable satisfaction of Landlord, the Premises and other affected areas of the Property,including without limitation any and all landscaping,as nearly as may be,to the same condition or to a condition better than that which existed immediately prior to the commencement of such activities by Licensee. 5.3 Collocation. Tenant does not object to and upon Landlord's request will make reasonable efforts to allow collocation of other wireless telecommunication companies on Tenant's antenna tower, provided: a) that such installation does not cause interference with Tenant's Facilities; b) that collocation party enters into an agreement with Tenant; c) provided said collocation carrier enters into a separate ground lease agreement with Landlord; d) that the tower can structurally support the proposed collocation; e) that the aesthetics and design of the flag pole tower is not substantially altered by the collocation; and f) that Tenant has reasonable approval of the location placement of the third party telecommunication companies ground equipment installation. There will not be any collocation unless the new carrier enters into a separate ground lease agreement with the Landlord or obtains the Landlords consent. 6:Tenant's;Installation 6.1 Improvements. A. Without obtaining Landlord consent, Tenant may from time to time replace Tenant's Facilities with new or different but no additional, items with the same or different specification ("Improvements")so long as their installation is otherwise in compliance with this Lease, applicable laws, ordinances and Codes. Tenant's installation of Improvements shall not interfere with Landlord's use of the Property. B. As and for part of the consideration for use of the premises, Tenant shall purchase an American Flag for use on the flagpole/monopole described herein, all in conformity with the plans described in Exhibit `B", provided that the Landlord shall be responsible for the daily operation, maintenance and repair of the flag. 6.2 Workmanlike Construction. Tenant agrees that the installation and any subsequent Improvements shall be completed in a neat workmanlike consistent with good engineering practices. All Costs of the installation, including, but not limited to, the cost of bringing electrical service to Tenant's equipment by directional boring or by open trenching in the event any unforeseen conditions are encountered during the underground boring process,will be paid by the Tenant. 6.3 Title to Various Items. Landlord shall,at all times during the Term of this Lease,be the sole and exclusive owner of the Property. The Tenant shall at all times be the sole and exclusive owner of Tenant's Facilities. All of Tenant's Facilities shall remain Tenant's personal property and are not fixtures. 6.4 Utilities. Tenant shall pay for the electricity it consumes in its operations at a rate charged by the servicing utility company.Tenant shall have the right to draw electricity,by separate meter or by sub meter, and other utilities from the existing utilities on the Property or obtain separate utility service from any utility company that will provide service to the Property (including a standby power generator for Tenant's exclusive use). Landlord agrees to sign such documents or easements as may be reasonably required by said utility company to provide such service to the Premises, including the grant to 4 Tenant or to the servicing utility company at no cost to the Tenant, of an easement in, over across or through the Land as required by such servicing utility company to provide utility services as provided herein. 6.5 Approvals. Tenant's work shall be completed in accordance with all applicable building codes and will conform to all applicable governing codes and ordinances. Tenant undertakes full and complete responsibility at all times hereafter for the expenses of, and quality of, construction and compliance with all code requirements and regulations of governmental authorities having jurisdiction over the construction, including but not limited to compliance with acts effecting construction of public buildings and service areas used by public employees, and Tenant agrees to remedy or correct any deficiencies with such compliance. The constructions shall be processed pursuant to permit and conducted by authorized and licensed personnel and shall be performed in compliance with local and State requirements for construction activities upon public property. The construction work shall proceed without interference or disruption,or minimalization of same,to the current operations of the Landlord. 6.6 Liens. Tenant shall: (A)pay before delinquency all costs and expenses of work done or caused to be done by Tenant in the Premises; (B) keep the title to the Tenant's Facilities and every part thereof free and clear of any lien or encumbrance in respect of such work; and (C) indemnify and hold harmless Landlord against any claim, loss, cost, demand (including reasonable legal fees), whether in respect of liens or otherwise,arising out of the supply of material,services,or labor for such work. Tenant shall notify Landlord of any lien, claim of lien, or other action of which Tenant has or reasonably should have knowledge and which affects the title to the Tenant's Facilities or any part thereof and shall cause the same to be removed within thirty(30)days(or such additional time as Landlord may consent to in writing), either by paying and discharging such lien or by posting a bond or such other security as may be reasonably satisfactory to the Landlord. If Tenant shall fail to remove same within with said time period; Landlord may take such action as Landlord deems necessary to remove the same and the entire cost thereof shall be immediately due and payable by Tenant to Landlord. 7: Taxes Tenant shall be solely responsible for and shall timely pay all taxes levied and assessed against its use of the premises including real estate taxes levied and assessed against its leasehold estate. Tenant shall not be responsible for any real estate,special assessments or similar taxes relating to the Property except to the extent permitted by statute. Tenant shall have the right, at its sole option and at its sole cost and expense,to appeal,challenge ar seek modification of any tax assessment or billing for which is wholly or partly responsible for payment. Landlord shall reasonably cooperate with Tenant at Tenant's expense in filing,prosecuting and perfecting any appeal or challenge to taxes as set forth in the preceding sentence, including but not limited to,executing any consent,appeal or other similar document. If Landlord receives notice of any personal property or real property tax assessment or bill against Landlord,which may affect Tenant and is directly attributable to Tenant's installation, Landlord shall provide timely notice of the assessment to Tenant sufficient time to pay said tax assessment or to allow Tenant to consent to or challenge such assessment, whether in a court, administrative proceeding, or other venue, on behalf of Landlord and/or Tenant. 8: Mutual Indemnification Landlord and Tenant hereby agree to indemnify, defend and hold each other harmless from and against any claim of liability or loss from personal injury or property damage in connection with the Property or resulting from or arising out of the use and occupancy of the Property by the indemnifying party or its agents, excepting, however, such claims or damages as may be due to or caused by the negligent acts or omissions of the indemnified party or its agents. Neither party shall have any obligation under this Paragraph 8 unless notified in writing of any such claim or loss within sixty(60)business days of receipt by the other party of notice of such claim or loss. 9: Insurance 5 9.1 Requirements. During the Term and Renewal Term of this Lease, Tenant shall carry and maintain commercial general liability insurance, naming the Landlord, its officers, agents, employees and volunteers as additional insured, insuring against liability for injury to persons or property occurring in or about the Property and Premises or arising out of the ownership,maintenance,use or occupancy thereof. Coverage under such policy shall be no less than$2,000.000.00 per occurrence for personal injuries and no less than $500,000.00 per occurrence for property damage or $3,000,000.00 combined single limit coverage for bodily injury and property damage. In addition, Tenant shall carry and maintain workers' compensation insurance in the statutory amount throughout the term of this Lease. Tenant shall provide Landlord with a certificate of insurance evidencing such coverage required by this Paragraph 9.1 within fifteen (15) days of the Commencement Date. Further, each certificate of insurance shall require no less than thirty (30) days written notice to each additional insured prior to cancellation (10 days notice shall apply to non-payment). 9.2 Non-Waiver. Under no circumstances shall the Landlord be deemed to have waived any of the insurance requirements of this Agreement by: (A)allowing any work to commence before receipt of certificates of insurance or additional insured endorsements; (B) by failing to review any certificates or documents received; or(C)by failing to advise the Tenant that any certificate of insurance fails to contain all of the required insurance provisions or is otherwise deficient in any manner. The Tenant agrees that the obligation to provide the insurance required by these documents is solely Tenant's responsibility and that Tenant's obligations cannot be waived by any act or omission of the Landlord. 10. Landlord's Representations In order to induce Tenant to enter into this Lease, Landlord covenants,represents and warrants, as of the date of this Lease and throughout its Term,as follows: 10.1 Authority. Landlord is the owner of Property in fee simple. Landlord has full authority to execute,deliver and perform this Lease and there is no mortgage affecting this Property. 10.2 No Condemnation. Landlord has received no actual or constructive notice of any condemnation or eminent domain proceedings or negotiations for the purchase of the Property, or any part instead of condemnation. 10.3 No Unrecorded Liens, Landlord has not performed and has not caused to be performed any work on the property during the six(6)months preceding the date of this Lease which could give rise to any mechanic's or material men's'liens. 10.4 Rights Upon Sale: Should the Landlord, at any time during the term or any extension term of this Lease, decide to sell that portion of the Property containing the Premises to a purchaser other than Tenant,condemnation as stated in Paragraph 14 excluded, such sale shall be under and subject to this Lease and Tenant's rights hereunder,and any sale by the Landlord of the portion of the Property underlying the easement granted herein shall be under and subject to the right of the Tenant in and to such easement. 11: Easements 11.1 Access. For the Term and Renewal Terms of this Lease, Landlord grants to Tenant, and its agents, employees, contractors, guests and invitees, a non-exclusive right and easement for pedestrian and vehicular ingress and egress across that portion of the Property described in Exhibit`B".Tenant and its authorized representatives shall have the right of ingress and egress to and from the Property and Premises twenty-four(24)hours a day,seven(7)days a week at no charge on foot or motor vehicle,including trucks and for the installation and maintenance of utility wires,poles,cables, conduits,and pipes under or along a fifteen (15') foot wide non-exclusive easement extending from the nearest public right-of-way, to the demised Premises as shown on Exhibit B, subject to the Landlord's right to relocate said access at its cost. All utilities for Tenant's Facilities will be constructed or installed so as to be underground. 11.2 Modifications. If subsequent to the date of this Lease it is reasonably determined by Tenant that any access or utility easement obtained does not or no longer adequately serves the Premises 6 and Tenant's use thereof, Landlord agrees to cooperate with Tenant to relocate such Easements where practical at Tenant's sole cost and expense. In the event the Landlord is unable to relocate any of the necessary Easements, then at Tenant's option this Lease may be terminated upon thirty (30) days' prior written notice to Landlord. Notwithstanding anything to the contrary contained herein, Tenant shall be required to restore the Location of the prior easement to its original condition, reasonable wear and tear excepted within 30 days. 12: Assignment 12.1 By Tenant. This Lease may be sold, assigned, subleased or transferred by the Tenant without any approval or consent of the Landlord to the Tenant's principal, affiliates, subsidiaries of its principal;to any entity which acquires all or substantially all of Tenant's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization; or to any entity which acquires or receives an interest in the majority of communication towers of the Tenant in the market defined by the Federal Communications Commission in which the Property is located. As to other parties, this Lease may not be sold, assigned, subleased or transferred without the written consent of the Landlord, which such consent shall not be unreasonably withheld or delayed. 12.2 By Landlord. Landlord may assign this Lease upon written notice to Tenant,subject to the assignee assuming all of Landlord's obligations herein. 13: Defaults 13.1 By Tenant. In the event of default under this Lease by Tenant,Landlord shall be entitled to remedies as shall then be provided by law except that Landlord shall not be entitled to remove any personal property (including fixtures) on the Property; and provided that prior to, and as a condition precedent to,the exercise of any remedy,Landlord shall give to Tenant written notice of default to Tenant and the nature of the default and Tenant shall have thirty (30) days (or, if the default cannot be cured within thirty(30)days,a longer period as shall be necessary to cure the default,acting with due diligence), after receipt of the notice within which to cure the default,during which period no remedy shall be pursued. If Tenant fails to cure a default within the period stated above, in addition to any other remedies available to Landlord, the Landlord may then, but not before, elect to commence eviction proceedings provided, however,Tenant shall be permitted a six(6)month stay from receipt of a notice of eviction at one hundred ten percent(I 10%)of the then current monthly rent to find an alternative site. 13.2 By Landlord. If Landlord defaults in any of its obligation under this Lease, in addition to any remedies available at law or equity,Tenant may perform Landlord's obligation and may offset from the rent or any other amounts next payable Tenant's costs and expenses of doing so. Notwithstanding anything else in this Lease,Tenant may defer payment of rent including the first rent payment,during any period in which Landlord is in default in any of its obligations under this Lease; has failed to provide or execute or cause to be provided or executed(A)any document reasonably necessary for Tenant's use of the Property in the manner contemplated excluding a building permit when Tenant is not in compliance with the regulations for that permit, (B) any license, or (C) any document reasonably necessary to obtain any title insurance or there necessary or desirable insurance or consent. Notwithstanding the foregoing, in the event of a default under this Lease, Tenant shall give to Landlord written notice of the default specifying the nature of the default and Landlord shall have thirty(30)days(or, if the default cannot be cured within thirty(30) days, a longer period as shall be necessary to cure the default, acting with due diligence), after the receipt of the notice within which to cure the default. If Landlord fails to cure a default,in addition to any other remedies available to Tenant,the Tenant may elect to terminate this lease. 14: Condemnation In the event of any condemnation of the Property, Tenant may terminate this Lease upon fifteen (15)days written notice to Landlord if such condemnation may reasonably be expected to disrupt Tenant's operations at the Premises for more than forty-five(45) days. Tenant may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the antennas, equipment, its 7 relocation costs and its damages and losses(but not for the loss of its leasehold interest). Any such notice of termination shall cause this Lease to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Lease and the parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this lease. 15: Casualty, In the event the Property is or Tenant's Facilities are destroyed or damaged in whole or in part by casualty during the Terni or Renewal Terms of this Lease then, at Tenant's option (exercised by notice to Landlord),this Lease may be terminated as of the date of the event or at any time within ninety(90) days thereafter and no further rent shall be due under the termination section or any other section of this Lease. For the purposes of this section,casualty shall be defined as such damage as may reasonably be expected to disrupt LESSEE's operations at the Premises for more than ninety(90)days. 16:Quiet Enjoyment Landlord covenants and agrees that upon payment by the Tenant of the rent under this Lease and upon the observance and performance of all the covenants, terms and conditions on Tenant's part to be observed and performed, Tenant shall peaceably and quietly hold and enjoy the property, the right, and privileges granted for the term demised without hindrance or interference by Landlord or any other person and Landlord shall perform all of its obligations under this Lease. 17: Termination 17.1 By Tenant. In addition to termination as a result of action or inaction pursuant to other parts of this Lease, Tenant may terminate this Lease: (A)at any time for any reason upon sixty(60)days written notice to Landlord and payment of six (6) month's rent, or (B) immediately, without payment of any rent not yet due following written notice to Landlord of either(i)Tenant's inability to secure necessary governmental approvals and/or Tenant has lost,been denied,or has had cancelled,withdrawn or terminated said approvals, or if Tenant fails to satisfy any necessary governmental authorization or radio engineering criteria to use the Property as contemplated in this Lease; or(ii)Tenant's having obtained a soil test which shows contamination to building conditions which in Tenant's judgment are unsuitable for Tenant's purposes;or(iii) Tenant is unable to occupy and utilize the Premises for the use stated in Paragraph 5.1 above due to an action of the FCC, including without limitation, a take-back of channels or change in frequencies; or (iv) Tenant determines that the Premises are not appropriate for its operations for technological reasons,including without limitation,signal interference. 17.2 By Landlord. Landlord may terminate this Lease following a determination by an applicable federal governing body (which collects data using appropriate instruments which are properly calibrated)that the power density levels emitted from Tenant's equipment located on the Property exceed guidelines established by the Federal Communications Commission ("FCC"), at points accessible to and intended for the general public and the inability of Tenant to bring its equipment into compliance with such standard within sixty (60) days after receipt of a written copy of Landlord's engineering findings; or, if Tenant abandons the leased Premises for a period of twelve(12)consecutive months. 17.3 Removal of Equipment. Upon the expiration of this Lease, or its earlier termination or cancellation for any reason,Landlord may request Tenant,at its sole expense,to remove the Property all or any part of its antennae, antenna structures, transmitting and receiving equipment, transmitting lines, shelter, sidewalks and foundations below grade level, other personal property, fixtures and other improvements. Tenant shall be required to remove its access road unless Landlord then desires that it will remain, in which case Tenant shall not be required to remove any portion of the access road. Tenant shall have up to ninety(90) days after the effective date of the expiration,termination, cancellation to complete removal of all items. If Tenant requires any additional time after the ninety (90) day period, Tenant shall pay Landlord the then current monthly rent(or in the case of annual rent one-twelfth of the annual rental)in advance for each thirty(30)day period or portion thereof Tenant requires to complete the removal. All of 8 Tenant's Facilities for which Landlord does not request removal shall become the personal property of the Landlord and shall be conveyed at the termination of the Lease by a duly-executed bill of sale. 18: Cooperation Landlord agrees to cooperate with Tenant in any efforts by Tenant to secure any governmental permits necessary to use the Property as contemplated in this Lease, and to join in any application or other document reasonably requested by Tenant within ten (10) days of Tenant's written request. During the Tenn or Renewal Term of this Lease Landlord shall take no action that adversely affects the uses pennitted by this Lease on the Property. At any time after the date of this Lease or the Commencement Date, either party shall execute or cause to be executed any documents, or take or cause to be taken any actions, reasonably necessary to carry out the intent of this Lease. 19: Lease Construction This Lease shall be construed in accordance with the laws of the State of where the Property is located. In the event that any provisions of this Lease are legally unenforceable,the other provisions shall remain in effect. 20: Entire Binding Understanding;No Oral Modification All prior understandings and agreements between the parties are merged into this Lease and this Lease may not be modified orally or in any manner other than by an agreement in writing signed by both parties. Presentation of this Lease by Tenant to Landlord shall not constitute an offer unless the Lease has been signed by Tenant,and this Lease shall not be binding until executed by both Landlord and Tenant. 21: Successors;Separability Subject to the provisions regarding assignment,this Lease shall be binding upon, and inure to the benefit of, the successors-in-interest and permitted assigns or subtenant of the parties and any grantee of Landlord. 22: Notices All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail,return receipt requested or by commercial courier,provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender,addressed as follows(or any other address that the Party tobe notified may have designated to the sender by like notice): Landlord: United City of Yorkville 800 Game Farm Rd. Yorkville,IL 60560 Tenant: Chicago SMSA Limited Partnershipd/b/a Verizon Wireless 180 Washington Valley Road Bedminster,New Jersey 07921 Attention:Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 23:Performance Time is of the essence in this lease. 9 24: Broadcast Interference 24.1 Definition.As used in this Lease"interference"with a broadcasting activity means; (A) Interference within the meaning of the provisions of the recommended practices of the Electronics Industries Association ("EIA") and the rules and regulations of the Federal Communications Commission("FCC")then in effect,or (B) A material impairment of the quality of either sound or picture signals on a broadcasting activity as may be defined by the FCC at any hour during the period of operation of activity, as compared with that which would be obtained if no other broadcaster were broadcasting from the Property or had any equipment on the Property. 24.2 Interference. (A) Tenant shall operate Tenant Facilities in a manner that shall not cause physical, mechanical, radio frequency or signal interference to Landlord and other tenants or licensees of the Property, provided that their installation predates the execution of this Lease. All operations by Tenant shall be in compliance with all FCC requirements. (B) Subsequent to the installation of the Tenant Facilities, Landlord shall not permit itself, its tenants or licensees to install new equipment on the Property if such equipment is likely to cause physical, mechanical, radio frequency or signal interference with Tenant's operations. Such interference shall be deemed a material breach by Landlord, for which there is no adequate remedy at law, allowing Tenant the right to specifically enforce the provisions of this paragraph in a court of competent jurisdiction. In the event interference occurs, Landlord agrees to take all reasonable steps necessary to eliminate such interference in a reasonable time period. Landlord Shall have the right to install equipment that is in compliance with all FCC standards and regulations, subject to the reasonable review and approval by Tenant. (C) Intentionally omitted. (D) Tenant's equipment must accept any interference caused by and may not cause any interference to the operation of any existing public safety equipment such as police, fire department and 911 dispatches. 25: Environmental Matters 25.1 Definition. For purposes of this Lease: (A) "Applicable Environmental Laws" includes the Comprehensive Environmental Response, Compensation, and Liability Act, and so called "Super-fund" or"Super-lien" law, or any other Federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standard of conduct concerning any hazardous,toxic or dangerous waste, substance or material, as now or at any time hereafter in effect. (B) "Hazardous Material" includes any hazardous, toxic or dangerous waste, substance or material as that term is defined in Applicable Environmental Laws. 25.2 No Hazardous Material. Neither the Landlord nor,to the best knowledge of Landlord, any other person has ever caused or permitted any Hazardous Material to be placed, held, located or disposed of on, under or at the Property or any part thereof nor any part thereof has ever been used by the Landlord,or to the best knowledge of the Landlord,by any other person either as a permanent or temporary dump site or storage site for any Hazardous material. 10 25.3 Tenant's Indemnity. Tenant indemnifies the Landlord and agrees to hold the Landlord harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever paid,incurred or suffered by or asserted against Landlord,for with respect to, or as a direct or indirect result of, the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission, discharging or release from the Property or into or upon any land, the atmosphere, or any watercourse, body of water or wetland, of an Hazardous Material (including, without limitation, any losses, liabilities, damages , injuries, costs, expenses or claims asserted or arising under applicable Environmental Laws)caused by or in control of Tenant. Landlord will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in,on, or in any way related to the Property,unless such conditions or concerns are caused, in whole or in part,by the specific activities of Tenant in the Premises 25.4 Landlord's Indemnity. In all other cases, Landlord indemnifies the Tenant and agrees to hold the Tenant harmless from and against any and all losses, liabilities, damages, injuries, costs expenses and claims of any and every kind whatsoever paid, incurred or suffered by or asserted against Tenant for,with respect to,or as a direct result of,the presence on or under,or the escape seepage,leakage, spillage, discharge, emission, discharging or release from the Premises or into or upon any land, the atmosphere, or any watercourse,body of water or wetland, of any Hazardous Material(including,without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under Applicable Environmental Laws)caused by or in control ofxt Landlord. 25.5 Survival. The provisions of and undertakings and indemnification set out in this Section shall survive the termination of this Lease. 26: Waiver of Landlord's Lien Landlord waives any lien rights it may have concerning the Tenant Facilities which are deemed Tenant's personal property and not fixtures, and Tenant has the right to remove the same at any time without Landlord's consent. 27: Memorandum of Agreement Landlord acknowledges that a Memorandum of Agreement will be recorded by Tenant in the official's records of the County where the Property is located. Landlord agrees to execute said Memorandum of Agreement upon request by Tenant. 28: Consent In any case where approval or consent of one party hereto is required,requested or otherwise to be given under this Lease,such party shall not unreasonably delay or withhold its approval or consent. (Signatures on next page) 11 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective signatures the day and year first written above: LANDLORD TENANT By:____ Chicago SMSA Limited Partnership d/b/a Verizon Wireless By: Cellco Partnership,its General Partner Name: Title: Date: By: Beth Ann Drohan Area Vice President Network Date: Exhibit A 12 Description of Property (see attached) Exhibit B 13 Depiction of Premises (see attached) 14 Clean Copy of Revised Agreement Land Lease Agreement 1.1 Landlord's Contact Person Bart Olson 800 Game Farm Rd. Yorkville,IL 60560 1.9 Property 1.2 Landlord Landlord is the owner of a parcel of Land(the"Property")located at 225 United City of Yorkville Wheaton Avenue,known as Wheaton 800 Game Farm Rd. Woods Park. The Property is more Yorkville,IL 60560 specifically described in Exhibit"A", annexed hereto. 1.3 Name and Address for Pavment of Rent Bart Olson 1.10 Premises 800 Game Farm Rd. Landlord hereby leases to and Tenant Yorkville,IL 60560 leases from Landlord,approximately 30' x 35'of the Property and all access 1.4 Landlord's Taxpayer ID and utility easements,if any(the "Premises"), as more specifically depicted on Exhibit"B",annexed 1.5 Property Identification Numbers hereto. 02-17-276-007 1.11 Lease 1.6 Commencement Date This band Lease Agreement,including The first day of the month following the Exhibits"A"&`B". Last to occur of.(i)the execution of this agreement or(ii)the Tenant's receipt Of a building permit but no later than 1.i 2 Tenant Address March 1,2011. Chicago SMSA Limited Partnership 1.7 Term d/b/a Verizon Wireless Five(5)years with three(3) 180 Washington Valley Road additional Bedminster,New Jersey 07921 Five(5)year renewal terms;subject to Attention:Network Real Estate Paragraph 3, 1.8 Rent During First Year See Section 4.1 1.13 Tenant's Contact Person Chicago SMSA Limited Partnership d/b/a Verizon Wireless 180 Washington Valley Road Bedminster,New Jersey 07921 Attention:Network Real Estate NOC#800-852-2671 1 THIS LAND LEASE AGREEMENT (the "Lease"), made this day of 2010, between The United City of Yorkville, an Illinois municipal corporation, with an address as stated in Paragraph 1.2, (hereinafter designated "Landlord") and Chicago SMSA Limited Partnership d/b/a Verizon Wireless, with its principal address as stated in Paragraph 1.12, hereinafter designated "Tenant"). The Landlord and Tenant are at times collectively referred to hereinafter as the"Parties" or individually as the .Party,. 2:Premises 2.1 Premises. Landlord hereby leases to Tenant a portion of that certain parcel of property (the entirety of Landlord's property is referred to hereinafter as the "Property"), located at 225Wheaton Ave, Yorkville, and commonly known as Wheaton Woods Park, and being described as a 30' x 35' parcel containing 1050 square feet together with the non-exclusive right for ingress and egress, seven (7) days a week twenty-four(24) hours a day, as further described in Paragraph 11, (hereinafter collectively referred to as the"Premises")for access being substantially as described herein in Exhibit"A" attached hereto and made a part hereof. 3: Term and Options to Extend 3.1 Term. This Lease shall be effective as of the date of execution by both parties,provided, however, the initial term shall be for five (5) years and shall commence on the Commencement Date (as hereinafter defined)at which time rental payments will be due per P-aragraph 4. The Commencement Date is defined as the later of the first(1 51)day of the month following: (a)the date this Lease is executed by the parties or; (b) the date Tenant is granted a building permit by the governmental agency charged with issuing such permits,but no later March 1,2011, 3.2 Option to Extend. The term of this Lease shall be automatically renewable for three(3) additional terms of five (5) years ("Renewal Terms") each following the original term or any renewable term at the annual rental stated below and otherwise upon the same terms and conditions stated in this Lease. If Tenant desires not to extend any subsequent term of the Lease it shall give Landlord written notice of its intention not to extend the term at least ninety (90) days prior to the expiration of the then current term whereupon the Lease shall be deemed canceled upon the expiration of the then current term. 4:Rent 4.1 Annual Rent. The annual rent for this Lease shall be Thirty-Five Thousand and no/100 Dollars($35,000.00) made payable on the Commencement Date as defined in Paragraph 3.1(the "Rent"). Rent shall be payable annually in advance on the annual anniversary of the Commencement Date but in no event later that the tenth (10"') day of that month for the Term year. Rent for any fractional year at the beginning or at the end of the Term or Renewal Term shall be prorated. Notwithstanding the foregoing, Tenant agrees to pay the rent for the first two lease years,which is in the amount of Seventy-One Thousand Four Hundred Dollars ($71,400.00), to Landlord ("Initial Rent Payment") within thirty (30) days after receipt by Tenant of a written acknowledgement confirming the Commencement Date. Upon payment of the Initial Rent Payment to Landlord, Tenant shall not be obligated to pay any rent pursuant to this Paragraph 4.1 until the second annual anniversary of the Commencement Date(for payment of annual rent for the third year of the Agreement). 4.2 Late Payments. Rent payments made after the tenth(10`')day of the month of the Term year shall be considered late(hereinafter"Late Payments"). Late Payments shall be subject to a processing fee of one and one-half percent(1.5%) of the rent then-due per month or any portion thereof that Rent is received late(the"Processing Fee"),such amount shall not be considered a penalty but rather an estimation of additional processing costs incurred by Landlord. Landlord shall,on or before the fifteenth(15th)of the month after a Late payment is made,provide Tenant written notice of such late Payment and the Processing Fee amount due.Tenant shall include payment for the Processing Fee on or before the fifteenth(15th)of the subsequent month following the written notice. All Rent payments submitted by Tenant shall first be applied towards the balance of any outstanding Processing Fees and then to the balance of Rent then due and payable. 2 4.3 Annual Rent Increase. The annual rent shall increase four percent (4%) on each anniversary of the Commencement Date for the duration of the tern and any renewal term. 4.4 Performance Bond. Tenant hereby guarantees that its improvements will be constructed without the attachment of any construction liens and in the event that any such lien is filed against the Premises on account of Tenant's acts or omissions, Tenant shall either promptly post a bond (in forn and substance reasonably acceptable to Landlord)indemnifying and defending Landlord for such lien claim or cause such lien to be removed of record. As additional security for the faithful and prompt performance of its obligation under this Lease and in lieu of the obligation to post a security deposit, Tenant agrees to provide Landlord a performance and payment bond in the amount of Ten Thousand Dollars($10,000.00)in a form reasonably acceptable to Landlord (the "Security Deposit"). If Tenant defaults under this Lease, and the default is not cured by Tenant as provided in Paragraph 13,Landlord may use,apply or retain all or a part of this Security Deposit to compensate Landlord for any actual loss, damage or expense incurred or suffered by Landlord by reason of Tenant's incurred default, Prior to Landlord withdrawing the Security Deposit,it shall first give Tenant written notice of its intention to do so and with that notice shall provide to Tenant written documentation of the loss,damage or expense for which Landlord seeks compensation from the Security Deposit. Such notice and documentation shall be provided by landlord to Tenant after the date of the occurrence which gave rise to Landlord's claimed loss, damage or expense. Failure to provide such notice and documentations shall result in a waiver by Landlord of the right to withdraw from the Security Deposit. If the Security Deposit is reduced by Landlord in accordance with this Paragraph, Tenant shall restore the Security Deposit within forty-five (45) days after the notice and demand from Landlord. Landlord shall return the Security Deposit to Tenant or Tenant's assignee within one hundred twenty(120) days after the date of expiration or termination of this Lease. Nothing contained herein shall be construed to limit Landlord's damages to the amount of the security deposit. 4.5 Location for Payment. Rent shall be paid to Landlord at the Address for Payment of Rent in Paragraph 1.3 or to another person, firm or place which the Landlord may from time to time designate in writing at least forty-five(45)days in advance of a rent payment date. 4.6 Landlord's Legal Fees. Within sixty(60)days after full execution of this Lease,Tenant shall reimburse Landlord for Landlord's attorneys' fees associated with reviewing this form of Lease. Notwithstanding the foregoing said reimbursement shall not exceed Two Thousand and no/100 Dollars ($2,000.00)and shall be contingent on Landlord providing Tenant with a line item invoice evidencing said fees,redacted to protect any attorney-client privileged communication. 5: Use of Property 5.1 Use. Tenant may use the Property only for Tenant's lawful telecommunications antenna tower purposes as well as for related site preparation, improvements and maintenance purposes in accordance with local rules and governmental regulations, and such use shall not interfere with Landlord's use of the Property(i.e.,if Tenant is making improvements to the Property,Tenant cannot place equipment or materials in such a.manner as to block Landlord's access). Tenant may not perform or permit to be performed any advertising from or on the Tenant's Facilities. 5.2 Construction A. Tenant shall construct/install Tenant's facilities at Tenant's sole cost and expense and in accordance with the construction drawings attached as Exhibit "B" (Tenant's Facilities"). The tower in Tenant's Facilities shall consist of a flagpole-design telecommunications tower with an overall height no greater than one hundred and one feet(10E-0"). The Tenant's Facilities located on the ground shall also be improved with a new equipment shelter constructed with a gable roof and siding materials to reasonably match the existing City-owned shed located on the premises in a manner consistent with the attached Exhibit'B". The parties acknowledge that in order for Tenant to install its equipment shelter the existing City-owned shed located on the premises must be removed. In consideration of Landlord performing the removing and disposing of the existing shed, Tenant agrees to make a one-time payment of capital to 3 Landlord in the amount of$7,500 within thirty(30) days following the Commencement Date. The ground equipment shall be screened using an eight foot (8'-0") tall vinyl fence designed to match as nearly as possible the siding material of the equipment shelter to be constructed on the Property. B. Tenant shall not construct/install Tenant's Facilities without receipt of a building permit issued by the Landlord. Prior to issuance of building pennit,Tenant shall submit Tenant's construction and antenna drawings to Landlord to sign off and approve the construction and antenna installations. Landlord shall review such drawings within twenty-five (25) business days of receipt of plans. Within thirty (30) days from the date of completion of all construction activity (or as soon as possible thereafter weather conditions permitting),whether upon installation or later maintenance,repair and replacement,Tenant shall restore or cause to be restored to the reasonable satisfaction of Landlord, the Premises and other affected areas of the Property,including without limitation any and all landscaping,as nearly as may be,to the same condition or to a condition better than that which existed immediately prior to the commencement of such activities by Licensee. 5.3 Collocation. Tenant does not object to and upon Landlord's request will make reasonable efforts to allow collocation of other wireless telecommunication companies on Tenant's antenna tower, provided: a) that such installation does not cause interference with Tenant's Facilities; b) that collocation party enters into an agreement with Tenant; c) provided said collocation carrier enters into a separate ground lease agreement with Landlord; d) that the tower can structurally support the proposed collocation; e) that the aesthetics and design of the flag pole tower is not substantially altered by the collocation; and f) that Tenant has reasonable approval of the location placement of the third party telecommunication companies ground equipment installation, There will not be any collocation unless the new carrier enters into a separate ground lease agreement with the Landlord or obtains the Landlord's consent. 6:Tenant's Installation 6.1 Improvements. A. Without obtaining Landlord consent, Tenant may from time to time replace Tenant's Facilities with new or different but no additional, items with the same or different specification ("Improvements") so long as their installation is otherwise in compliance with this Lease, applicable laws, ordinances and Codes. Tenant's installation of Improvements shall not interfere with Landlord's use of the Property, B. As and for part of the consideration for use of the premises, Tenant shall purchase an American Flag for use on the flagpole/monopole described herein, all in conformity with the plans described in Exhibit "B", provided that the Landlord shall be responsible for the daily operation, maintenance and repair of the flag. 6.2 Workmanlike Construction. Tenant agrees that the installation and any subsequent Improvements shall be completed in a neat workmanlike consistent with good engineering practices. All Costs of the installation, including, but not limited to, the cost of bringing electrical service to Tenant's equipment by directional boring or by open trenching in the event any unforeseen conditions are encountered during the underground boring process,will be paid by the Tenant. 6.3 Title to Various Items. Landlord shall,at all times during the Tenn of this Lease,be the sole and exclusive owner of the Property. The Tenant shall at all times be the sole and exclusive owner of Tenant's Facilities. All of Tenant's Facilities shall remain Tenant's personal property and are not fixtures. 6.4 Utilities. Tenant shall pay for the electricity it consumes in its operations at a rate charged by the servicing utility company.Tenant shall have the right to draw electricity,by separate meter or by sub meter, and other utilities from the existing utilities on the Property or obtain separate utility service from any utility company that will provide service to the Property (including a standby power generator for Tenant's exclusive use). Landlord agrees to sign such documents or easements as may be reasonably required by said utility company to provide such service to the Premises,including the grant to 4 Tenant or to the servicing utility company at no cost to the Tenant, of an easement in, over across or through the Land as required by such servicing utility company to provide utility services as provided herein. 6.5 Approvals. Tenant's work shall be completed in accordance with all applicable building codes and will conform to all applicable governing codes and ordinances. Tenant undertakes full and complete responsibility at all times hereafter for the expenses of, and quality of, construction and compliance with all code requirements and regulations of governmental authorities having jurisdiction over the construction, including but not limited to compliance with acts effecting construction of public buildings and service areas used by public employees, and Tenant agrees to remedy or correct any deficiencies with such compliance. The constructions shall be processed pursuant to permit and conducted by authorized and licensed personnel and shall be performed in compliance with local and State requirements for construction activities upon public property. The construction work shall proceed without interference or disruption,or minimalization of same,to the current operations of the Landlord. 6.6 Liens. Tenant shall: (A)pay before delinquency all costs and expenses of work done or caused to be done by Tenant in the Premises, (B) keep the title to the Tenant's Facilities and every part thereof free and clear of any lien or encumbrance in respect of such work; and (C) indemnify and hold harmless Landlord against any claim, loss, cost, demand (including reasonable legal fees), whether in respect of liens or otherwise,arising out of the supply of material,services,or labor for such work. Tenant shall notify Landlord of any lien, claim of lien, or other action of which Tenant has or reasonably should have knowledge and which affects the title to the Tenant's Facilities or any part thereof,and shall cause the same to be removed within thirty(30)days(or such additional time as Landlord may consent to in writing), either by paying and discharging such lien or by posting a bond or such other security as may be reasonably satisfactory to the Landlord. If Tenant shall fail to remove same within with said time period; Landlord may take such action as Landlord deems necessary to remove the same and the entire cost thereof shall be immediately due and payable by Tenant to Landlord. 7: Taxes Tenant shall be solely responsible for and shall timely pay all taxes levied and assessed against its use of the premises including real estate taxes levied and assessed against its leasehold estate. Tenant shall not be responsible for any real estate,special assessments or similar taxes relating to the Property except to the extent permitted by statute. Tenant shall have the right, at its sole option and at its sole cost and expense,to appeal,challenge or seek modification of any tax assessment or billing for which is wholly or partly responsible for payment. Landlord shall reasonably cooperate with Tenant at Tenant's expense in filing, prosecuting and perfecting any appeal or challenge to taxes as set forth in the preceding sentence, including but not limited to,executing any consent,appeal or other similar document. If Landlord receives notice of any personal property or real property tax assessment or bill against Landlord, which may affect Tenant and is directly attributable to Tenant's installation, Landlord shall provide timely notice of the assessment to Tenant sufficient time to pay said tax assessment or to allow Tenant to consent to or challenge such assessment, whether in a court, administrative proceeding, or other venue, on behalf of Landlord and/or Tenant. 8: Mutual Indemnification Landlord and Tenant hereby agree to indemnify, defend and hold each other harmless from and against any claim of liability or loss from personal injury or property damage in connection with the Property or resulting from or arising out of the use and occupancy of the Property by the indemnifying party or its agents, excepting, however, such claims or damages as may be due to or caused by the negligent acts or omissions of the indemnified party or its agents. Neither party shall have any obligation under this Paragraph 8 unless notified in writing of any such claim or loss within sixty(60)business days of receipt by the other party of notice of such claim or loss. 5 9: Insurance 9.1 Requirements. During the Tenn and Renewal Term of this Lease, Tenant shall carry and maintain commercial general liability insurance, naming the Landlord, its officers, agents, employees and volunteers as additional insured,insuring against liability for injury to persons or property occurring in or about the Property and Premises or arising out of the ownership,maintenance,use or occupancy thereof. Coverage under such policy shall be no less than$2,000.000.00 per occurrence for personal injuries and no less than $500,000.00 per occurrence for property damage or $3,000,000.00 combined single limit coverage for bodily injury and property damage. In addition, Tenant shall carry ai�d maintain workers' compensation insurance in the statutory amount throughout the term of this Lease. Tenant shall provide Landlord with a certificate of insurance evidencing such coverage required by this Paragraph 9.1 within fifteen (15) days of the Commencement Date. Further, each certificate of insurance shall require no less than thirty (30) days written notice to each additional insured prior to cancellation (10 days notice shall apply to non-payment). 9.2 Non-Waiver. Under no circumstances shall the Landlord be deemed to have waived any of the insurance requirements of this Agreement by: (A)allowing any work to commence before receipt of certificates of insurance or additional insured endorsements; (B) by failing to review any certificates or documents received; or(C)by failing to advise the Tenant that any certificate of insurance fails to contain all of the required insurance provisions or is otherwise deficient in any manner. The Tenant agrees that the obligation to provide the insurance required by these documents is solely Tenant's responsibility and that Tenant's obligations cannot be waived by any act or omission of the Landlord. 10. Landlord's Representations In order to induce Tenant to enter into this Lease,Landlord covenants,represents and warrants,as of the date of this Lease and throughout its Term,as follows: 10.1 Authority. Landlord is the owner of Property in fee simple. Landlord has full authority to execute,deliver and perform this Lease and there is no mortgage affecting this Property. 10.2 No Condemnation. Landlord has received no actual or constructive notice of any condemnation or eminent domain proceedings or negotiations for the purchase of the Property,or any part instead of condemnation. 10.3 No Unrecorded Liens. Landlord has not performed and has not caused to be performed any work on the Property during the six(6)months preceding the date of this Lease which could give rise to any mechanic's or material men's liens. 10.4 Rights Upon Sale: Should the Landlord, at any time during the term or any extension term of this Lease, decide to sell that portion of the Property containing the Premises to a purchaser other than Tenant, condemnation as stated in Paragraph 14 excluded, such sale shall be under and subject to this Lease and Tenant's rights hereunder,and any sale by the Landlord of the portion of the Property underlying the easement granted herein shall be under and subject to the right of the Tenant in and to such easement. 11: Easements 11.1 Access. For the Term and Renewal Terms of this Lease,Landlord grants to Tenant,and its agents, employees, contractors, guests and invitees, a non-exclusive right and easement for pedestrian and vehicular ingress and egress across that portion of the Property described in Exhibit`B".Tenant and its authorized representatives shall have the right of ingress and egress to and from the Property and Premises twenty-four(24)hours a day,seven(7)days a week at no charge on foot or motor vehicle,including trucks and for the installation and maintenance of utility wires,poles,cables,conduits,and pipes under or along a fifteen (15') foot wide non-exclusive easement extending from the nearest public right-of-way, to the demised Premises as shown on Exhibit B, subject to the Landlord's right to relocate said access at its cost. All utilities for Tenant's Facilities will be constructed or installed so as to be underground. 6 11.2 Modifications. If subsequent to the date of this Lease it is reasonably determined by Tenant that any access or utility easement obtained does not or no longer adequately serves the Premises and Tenant's use thereof, Landlord agrees to cooperate with Tenant to relocate such Easements where practical at Tenant's sole cost and expense. In the event the Landlord is unable to relocate any of the necessary Easements, then at Tenant's option this Lease may be terminated upon thirty (30) days' prior written notice to Landlord. Notwithstanding anything to the contrary contained herein, Tenant shall be required to restore the Location of the prior easement to its original condition, reasonable wear and tear excepted within 30 days. 12: Assignment 12.1 By Tenant. This Lease may be sold, assigned, subleased or transferred by the Tenant without any approval or consent of the Landlord to the Tenant's principal, affiliates, subsidiaries of its principal;to any entity which acquires all or substantially all of Tenant's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization; or to any entity which acquires or receives an interest in the majority of communication towers of the Tenant in the market defined by the Federal Communications Commission in which the Property is located. As to other parties, this Lease may not be sold, assigned, subleased or transferred without the written consent of the Landlord, which such consent shall not be unreasonably withheld or delayed. 12.2 By Landlord. Landlord may assign this Lease upon written notice to Tenant, subject to the assignee assuming all of Landlord's obligations herein. 13: Defaults 13.1 By Tenant. In the event of default under this Lease by Tenant,Landlord shall be entitled to remedies as shall then be provided by law except that Landlord shall not be entitled to remove any personal property (including fixtures) on the Property; and provided that prior to, and as a condition precedent to,the exercise of any remedy, Landlord shall give to Tenant written notice of default to Tenant and the nature of the default and Tenant shall have thirty (30) days (or, if the default cannot be cured within thirty(30)days,a longer period as shall be necessary to cure the default,acting with due diligence), after receipt of the notice within which to cure the default,during which period no remedy shall be pursued. If Tenant fails to cure a default within the period stated above, in addition to any other remedies available to Landlord, the Landlord may then, but not before, elect to commence eviction proceedings provided, however,Tenant shall be permitted a six(6)month stay from receipt of a notice of eviction at one hundred ten percent(110%)of the then current monthly rent to find an alternative site. 13.2 By Landlord. If Landlord defaults in any of its obligation under this Lease, in addition to any remedies available at law or equity,Tenant may perform Landlord's obligation and may offset from the rent or any other amounts next payable Tenant's costs and expenses of doing so. Notwithstanding anything else in this Lease,Tenant may defer payment of rent including the first rent payment,during any period in which Landlord is in default in any of its obligations under this Lease; has failed to provide or execute or cause to be provided or executed(A)any document reasonably necessary for Tenant's use of the Property in the manner contemplated excluding a building permit when Tenant is not in compliance with the regulations for that permit, (B) any license, or (C) any document reasonably necessary to obtain any title insurance or there necessary or desirable insurance or consent. Notwithstanding the foregoing, in the event of a default under this Lease, Tenant shall give to Landlord written notice of the default specifying the nature of the default and Landlord shall have thirty(30) days (or, if the default cannot be cured within thirty(30) days, a longer period as shall be necessary to cure the default, acting with due diligence), after the receipt of the notice within which to cure the default. If Landlord fails to cure a default, in addition to any other remedies available to Tenant,the Tenant may elect to terminate this lease. 14: Condemnation In the event of any condemnation of the Property, Tenant may terminate this Lease upon fifteen (15)days written notice to Landlord if such condemnation may reasonably be expected to disrupt Tenant's 7 operations at the Premises for more than forty-five(45)days. Tenant may on its own behalf snake a claim in any condemnation proceeding involving the Premises for losses related to the antennas, equipment, its relocation costs and its damages and losses(but not for the loss of its leasehold interest).Any such notice of termination shall cause this Lease to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Lease and the parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this lease. 15: Casualty In the event the Property is or Tenant's Facilities are destroyed or damaged in whole or in part by casualty during the Term or Renewal Terms of this Lease then, at Tenant's option (exercised by notice to Landlord),this Lease may be terminated as of the date of the event or at any time within ninety(90)days thereafter and no further rent shall be due under the termination section or any other section of this Lease. For the purposes of this section,casualty shall be defined as such damage as may reasonably be expected to disrupt LESSEE's operations at the Premises for more than ninety(90)days. 16: Quiet Enjoyment Landlord covenants and agrees that upon payment by the Tenant of the rent under this Lease and upon the observance and performance of all the covenants, terms and conditions on Tenant's part to be observed and performed, Tenant shall peaceably and quietly hold and enjoy the property, the right, and privileges granted for the term demised without hindrance or interference by Landlord or any other person and Landlord shall perform all of its obligations under this Lease. 17: Termination 17.1 By Tenant. In addition to termination as a result of action or inaction pursuant to other parts of this Lease, Tenant may terminate this Lease: (A)at any time for any reason upon sixty(60)days written notice to Landlord and payment of six (6) month's rent, or(B) immediately, without payment of any rent not yet due following written notice to Landlord of either(i)Tenant's inability to secure necessary governmental approvals and/or Tenant has lost,been denied,or has had cancelled,withdrawn or terminated said approvals, or if Tenant fails to satisfy any necessary governmental authorization or radio engineering criteria to use the Property as contemplated in this Lease;or(ii)Tenant's having obtained a soil test which shows contamination to building conditions which in Tenant's judgment are unsuitable for Tenant's purposes; or (iii) Tenant is unable to occupy and utilize the Premises for the use stated in Paragraph 5.1 above due to an action of the FCC, including without limitation, a take-back of channels or change in frequencies; or (iv) Tenant determines that the Premises are not appropriate for its operations for technological reasons,including without limitation,signal interference. 17.2 By Landlord. Landlord may terminate this Lease following a determination by an applicable federal governing body (which collects data using appropriate instruments which are properly calibrated)that the power density levels emitted from Tenant's equipment located on the Property exceed guidelines established by the Federal Communications Commission ("FCC"), at points accessible to and intended for the general public and the inability of Tenant to bring its equipment into compliance with such standard within sixty (60) days after receipt of a written copy of Landlord's engineering findings; or, if Tenant abandons the leased Premises for a period of twelve(12)consecutive months. 17.3 Removal of Equipment. Upon the expiration of this Lease,or its earlier termination or cancellation for any reason,Landlord may request Tenant,at its sole expense,to remove the Property all or any part of its antennae, antenna structures, transmitting and receiving equipment, transmitting lines, shelter, sidewalks and foundations below grade level, other personal property, fixtures and other improvements. Tenant shall be required to remove its access road unless Landlord then desires that it will remain, in which case Tenant shall not be required to remove any portion of the access road. Tenant shall have up to ninety(90)days after the effective date of the expiration, termination, cancellation to complete removal of all items. If Tenant requires any additional time after the ninety (90) day period,Tenant shall pay Landlord the then current monthly rent(or in the case of annual rent one-twelfth of the annual rental)in 8 advance for each thirty(30) day period or portion thereof Tenant requires to complete the removal. All of Tenant's Facilities for which Landlord does not request removal shall become the personal property of the Landlord and shall be conveyed at the termination of the Lease by a duly-executed bill of sale. 18:Cooperation Landlord agrees to cooperate with Tenant in any efforts by Tenant to secure any governmental permits necessary to use the Property as contemplated in this Lease, and to join in any application or other document reasonably requested by Tenant within ten (10) days of Tenant's written request. During the Term or Renewal Term of this Lease Landlord shall take no action that adversely affects the uses permitted by this Lease on the Property. At any time after the date of this Lease or the Commencement Date, either party shall execute or cause to be executed any documents, or take or cause to be taken any actions, reasonably necessary to carry out the intent of this Lease. 19:Lease Construction This Lease shall be construed in accordance with the laws of the State of where the Property is located. In the event that any provisions of this Lease are legally unenforceable, the other provisions shall remain in effect. 20: Entire Binding Understanding;No Oral Modification All prior understandings and agreements between the patties are merged into this Lease and this Lease may not be modified orally or in any manner other than by an agreement in writing signed by both parties. Presentation of this Lease by Tenant to Landlord shall not constitute an offer unless the Lease has been signed by Tenant,and this Lease shall not be binding until executed by both Landlord and Tenant. 21: Successors;Separability Subject to the provisions regarding assignment,this Lease shall be binding upon, and inure to the benefit of, the successors-in-interest and permitted assigns or subtenant of the parties and any grantee of Landlord. 22: Notices All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail,return receipt requested or by commercial courier,provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender,addressed as follows(or any other address that the Party to be notified may have designated to the sender by like notice): Landlord: United City of Yorkville 800 Game Farm Rd. Yorkville,11L 60560 Tenant: Chicago SMSA Limited Partnership d/b/a Verizon Wireless 180 Washington Valley Road Bedminster,New Jersey 07921 Attention:Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 9 23: Performance Time is of the essence in this lease. 24: Broadcast Interference 24.1 Definition.As used in this Lease"interference"with a broadcasting activity means; (A) Interference within the meaning of the provisions of the recommended practices of the Electronics Industries Association ("EIA") and the rules and regulations of the Federal Communications Commission("FCC')then in effect,or (B) A material impairment of the quality of either sound or picture signals on a broadcasting activity as may be defined by the FCC at any hour during the period of operation of activity, as compared with that which would be obtained if no other broadcaster were broadcasting from the Property or had any equipment on the Property. 24.2 Interference. (A) Tenant shall operate Tenant Facilities in a manner that shall not cause physical, mechanical, radio frequency or signal interference to Landlord and other tenants or licensees of the Property, provided that their installation predates the execution of this Lease. All operations by Tenant shall be in compliance with all FCC requirements. (B) Subsequent to the installation of the Tenant Facilities, Landlord shall not permit itself, its tenants or licensees to install new equipment on the Property if such equipment is likely to cause physical, mechanical, radio frequency or signal interference with Tenant's operations. Such interference shall be deemed a material breach by Landlord, for which there is no adequate remedy at law,allowing Tenant the right to specifically enforce the provisions of this paragraph in a court of competent jurisdiction. In the event interference occurs, Landlord agrees to take all reasonable steps necessary to eliminate such interference in a reasonable time period. Landlord shall have the right to install equipment that is in compliance with all FCC standards and regulations, subject to the reasonable review and approval by Tenant, (C) Intentionally omitted. (D) Tenant's equipment must accept any interference caused by and may not cause any interference to the operation of any existing public safety equipment such as police, fire department and 911 dispatches. 25: Environmental Matters 25.1 Definition, For purposes of this Lease: (A) "Applicable Environmental Laws" includes the Comprehensive Environmental Response, Compensation, and Liability Act, and so called "Super-fund" or"Super-lien" law, or any other Federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standard of conduct concerning any hazardous,toxic or dangerous waste, substance or material, as now or at any time hereafter in effect. (B) "Hazardous Material" includes any hazardous, toxic or dangerous waste, substance or material as that term is defined in Applicable Environmental Laws. 10 25.2 No Hazardous Material. Neither the Landlord nor,to the best knowledge of Landlord, any other person has ever caused or permitted any Hazardous Material to be placed, held, located or disposed of on, under or at the Property or any part thereof nor any part thereof has ever been used by the Landlord,or to the best knowledge of the Landlord,by any other person either as a permanent or temporary dump site or storage site for any Hazardous material. 25.3 Tenant's Indemnity. Tenant indemnifies the Landlord and agrees to hold the Landlord harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever paid, incurred or suffered by or asserted against Landlord,for with respect to, or as a direct or indirect result of, the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission, discharging or release from the Property or into or upon any land,the atmosphere, or any watercourse, body of water or wetland, of an Hazardous Material (including, without limitation, any losses, liabilities, damages , injuries, costs, expenses or claims asserted or arising under applicable Environmental Laws)caused by or in control of Tenant. Landlord will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in,on,or in any way related to the Property,unless such conditions or concerns are caused, in whole or in part,by the specific activities of Tenant in the Premises. 25.4 Landlord's Indemnity. In all other cases, Landlord indemnifies the Tenant and agrees to hold the Tenant harmless from and against any and all losses, liabilities, damages, injuries, costs expenses and claims of any and every kind whatsoever paid, incurred or suffered by or asserted against Tenant for,with respect to,or as a direct result of the presence on or under,or the escape seepage,leakage, spillage, discharge, emission, discharging or release from the Premises or into or upon any land, the atmosphere, or any watercourse, body of water or wetland, of any Hazardous Material (including,without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under Applicable Environmental Laws)caused by or in control of Landlord. 25.5 Survival. The provisions of and undertakings and indemnification set out in this Section shall survive the termination of this Lease. 26: Waiver of Landlord's Lien Landlord waives any lien rights it may have concerning the Tenant Facilities which are deemed Tenant's personal property and not fixtures, and Tenant has the right to remove the same at any time without Landlord's consent. 27: Memorandum of Agreement Landlord acknowledges that a Memorandum of Agreement will be recorded by Tenant in the official's records of the County where the Property is located. Landlord agrees to execute said Memorandum of Agreement upon request by Tenant. 28: Consent In any case where approval or consent of one party hereto is required,requested or otherwise to be given under this Lease,such party shall not unreasonably delay or withhold its approval or consent. (Signatures on next page) 11 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective signatures the day and year first written above: LANDLORD TENANT By: Chicago SMSA Limited Partnership d/b/a Verizon Wireless By: Cellco Partnership,its General Partner Name: Title: Date: By: Beth Ann Drohan Area Vice President Network Date: 12 Exhibit A Description of Property (see attached) 13 Exhibit B Depiction of Premises (see attached) 14 Co. Memorandum O To: City Council esr. -Z � -� lase From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: December 22, 2010 CE`�`����'' Subject: Verizon Wireless—Wheaton Woods Park Authorization to Execute a Land Lease Agreement for a new Flagpole Telecommunications Tower at 225 W. Wheaton Ave. Background &Request: Verizon Wireless is requesting to enter into a land lease agreement with the City of Yorkville for the purposes of installing a new no-impact telecommunications tower to be located in Wheaton Woods Park at 225 W. Wheaton Avenue. As proposed, Verizon Wireless will lease an approximately 30' x 35' area within the Wheaton Woods Park for the construction of a 101' tall flagpole cell tower and an approximately 12' tall equipment shelter. The leased area will be secured by an 8' tall privacy fence. Currently, the area within the park proposed for the telecommunications tower has an existing shed utilized by the Parks and Recreation Department for storage which will be removed to accommodate the new cell tower site. All design elements of the equipment shelter and fencing will be complimentary to the gable roof and siding of the existing shed to minimize any visual/aesthetic impact. Simulated images of the proposed flagpole tower in Wheaton Woods Park provided by Verizon are attached for your consideration. Section 10-15-413 of Yorkville's zoning regulations permits telecommunication towers and antennas to be located on city-owned, leased or otherwise controlled land without administrative approval or a special use permit, provided that a lease authorizing such tower and/or antenna has been approved by the city. Proposed Land Lease Agreement: The attached draft of the land lease agreement has been reviewed by staff, the city attorney and the Park Board at their December 16`h meeting. Highlights of the lease terms include the following: • Lease Term: Five (5) years with the option of three (3) additional five (5) year renewal terms, for a total lease term of up to 20-years. • Annual Rent: Annual rent will be $35,000.00 subject to a four percent (4%) annual increase for the initial 5-years and any subsequent renewal years. Verizon has also agreed to pay the first two (2) lease payments as a lump sum payment in the amount of $71,400.00 (this includes the annual 4%rental increase). • Performance Bond: Verizon will provide a $10,000 Performance Bond (Security Deposit). • City Legal Fees: Verizon has agreed to reimburse the city for attorney's fees associated with the review of the lease agreement in an amount up to $2,000.00. • Construction: In consideration of the city removing and disposing of the existing shed, Verizon will compensate the city $7,500.00 for the purchase and installation of a new storage shed to be constructed in the future at a location yet to be determined. 1 Memorandum b To: City Council EST. �. 1836 1 From: Bart Olson, City Administrator O CC: � . Date: December 21, 2010 MsnCan Cantty !•e �, Subject: Wheaton Woods cell-tower lease agreement It E �r- Attached is a memo to the Park Board explaining the proposal for a flag-pole style cell tower within the Wheaton Woods Park. The Park Board did not recommend any changes to the actual lease agreement, so that memo is still sufficient to explain the proposal. The Park Board did make a supplemental budgetary recommendation and request that the revenues derived from the lease agreement stay within the Parks and Recreation department budget. This request was made for two primary reasons. First, the cell tower is located within a City park. While the maintenance of the tower and shed structure will fall on the lessee, the City will be dedicating park-land to the structure and the Parks and Recreation department budget should be compensated for that loss of land. Second, as outlined in the memo to Park Board, there is an undeveloped park site within 750 feet of the cell tower. This undeveloped park is located within the Caledonia subdivision, where there are currently 43 houses built out of a total 200 houses planned to be built. The park land has been dedicated as such, is graded and seeded, and is ready for park development. The previous developer and the City had been locked in a disagreement over the timing of park land-cash payments for the past 4 years. We feel the annexation agreement is sufficiently clear in its demand that all park land-cash fees for the subdivision be paid up-front (at time of final platting). The previous developer had declined to honor our demand for up-front payment, and was working out a deal with the City to pay all land-cash fees for houses that had already been built, and pay all future land-cash fees at time of building permit. The park site in Caledonia had an original budget greater than$100,000. However, this included costs for installation. The City could build a slightly smaller park in Caledonia for $70,000 (the initial payment under the lease agreement—which represents the first two years of lease payments)by installing the park as a volunteer park build. This was the Park Board's unanimous recommendation, given the lack of active recreation opportunities within the area of the Caledonia subdivision. Memorandum rRx"Lu To: Park Board 1, From: Bart Olson, Interim Director of Parks and Recreation P06C A BECREATlM4 CC: - - ^ Date: December 9, 2010 u �( � Subject: Wheaton Woods cell tower lease agreement nwa,uL'+�K'vu tncrrgi sworn Attached is a draft lease agreement for a cell-tower at Wheaton Woods park. A Verizon Wireless consultant approached City staff a few months ago with interest in siting a cell-tower in the area around FE Wheaton ProBuild. There are two City parks in the area, Caledonia and Wheaton Woods, and we ruled out Caledonia as an option due to its close proximity to residences. Wheaton Woods park is buffered from the residential area and is located in an office/industrial area. Furthermore, Verizon Wireless has agreed to build a cell-tower that will function as a flagpole. In exchange for the land-lease, Verizon has tentatively agreed to a $35,000 annual lease fee and has agreed to pay the first two years of the agreement up-front. This is money that could be directed to any purpose within the City budget. Originally, staff had suggested that this money would be used to build a park within the Caledonia subdivision park because this particular park is the closest to the cell-tower, has an approved design, is graded and seeded, and is waiting for land-cash dollars to be provided by developers. I do not expect that money to be provided to the City in the near future. The original Caledonia subdivision park had a budget of just over$100,000. For$70,000, we could provide much of the planned materials and coordinate a park build within the next two years. However, a detailed conversation about the direction of the funds is a bit premature, as we are seeking direction from the Park Board about the concept of placing a cell-tower in a City park. Ordinance No. 2010- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,APPROVING A LAND LEASE AGREEMENT WITH CHICAGO SMSA LIMITED PARTNERSHIP DOING BUSINESS AS VERIZON WIRELESS (225 Wheaton Avenue,Wheaton Woods Park) WHEREAS, the United City of Yorkville (" the City") is a duly organized, and validly existing non home-rule municipality of the State of Illinois under the 1970 Illinois Constitution and the laws of the State of Illinois; and, WHEREAS, the City is authorized pursuant to section 11-76-1 of the Illinois Municipal Code (65 ILCS 5/11-76-1) to lease real estate owned by the City when it is no longer necessary, appropriate, required for the use of, profitable to, or for the best interest of the City; and, WHEREAS, the City and Chicago SMSA Limited Partnership, doing business as Verizon Wireless, have agreed to terms of a lease of a portion of the property at 225 Wheaton Avenue in Wheaton Woods Park for a flagpole-design telecommunications antenna tower with an overall height of no greater than one hundred and one feet, equipment shelter, and fence in an area of approximately 1,050 square feet; and, WHEREAS, the Corporate Authorities of the United City of Yorkville hereby find that it is in the best interest of the City to enter into said lease. 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 Corporate Authorities of the United City of Yorkville hereby find as facts all of the recitals in the preamble of this Ordinance and incorporate them as though fully set forth herein. Section 2. That the land lease between the United City of Yorkville and Chicago SMSA Limited Partnership doing business as Verizon Wireless entitled, Land Lease Agreement ("the Agreement") a copy of which is attached hereto and incorporated herein as Exhibit A, is hereby approved. Section 3. That Valerie Burd, Mayor and Jackie Milschewski, City Clerk, are hereby authorized to execute and deliver said Agreement on behalf of the City. Section 4. That the officials, officers, and employees of the United City of Yorkville are hereby authorized to take such further actions as are necessary to carry out the intent and purpose of this Ordinance and land lease. 1 Section S. This Ordinance shall be in full force and effect upon passage by a three fourths vote of the Corporate Authorities, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , 2010. CITY CLERK ROBYN SUTCLIFF DIANE TEELING ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS GEORGE GILSON, JR. Approved by me, as Mayor of the United City of Yorkville,Kendall County, Illinois, this day of , A.D. 2010. MAYOR 2 Land Lease Agreement 1.1 Landlord's Contact Person Bart Olson 800 Game Farm Rd. Yorkville,IL 60560 1.9 Property 1.2 Landlord Landlord is the owner of a parcel of Land(the"Property")located at 225 United City of Yorkville Wheaton Avenue,known as Wheaton 800 Game Farm Rd. Woods Park. The Property is more Yorkville,IL 60560 specifically described in Exhibit"A", annexed hereto. 1.3 Name and Address for Payment of Rent Bart Olson 1.10 Premises 800 Game Farm Rd. Landlord hereby leases to and Tenant Yorkville,IL 60560 leases from Landlord,approximately 30'x 35' of the Property and all access 1.4 Landlord's Taxpayer ID and utility easements,if any(the "Premises"),as more specifically depicted on Exhibit`B",annexed 1.5 Property Identification Numbers hereto. 02-17-276-007 1.11 Lease 1.6 Commencement Date This Land Lease Agreement,including The first day of the month following the Exhibits"A"&'B". Last to occur of.(i)the execution of this agreement or(ii)the Tenant's receipt 1,12 Tenant Address Of a building permit but no later than March 1,2011. Chicago SMSA Limited Partnership 1.7 Term d/b/a Verizon Wireless Five(5)years with three(3) 180 Washington Valley Road additional Bedminster,New Jersey 07921 Five(5)year renewal terms;subject to Attention:Network Real Estate Paragraph 3, 1.8 Rent Durine First Year See Section 4.1 1.13 Tenant's Contact Person Chicago SMSA Limited Partnership d/b/a Verizon Wireless 180 Washington Valley Road Bedminster,New Jersey 07921 Attention:Network Real Estate NOC#800-852-2671 1 THIS LAND LEASE AGREEMENT (the "Lease"), made this day of 2010, between The United City of Yorkville, an Illinois municipal corporation, with an address as stated in Paragraph 1.2, (hereinafter designated "Landlord") and Chicago SMSA Limited Partnership d/b/a Verizon Wireless, with its principal address as stated in Paragraph 1.12, hereinafter designated "Tenant"). The Landlord and Tenant are at times collectively referred to hereinafter as the"Parties" or individually as the "Party". 2: Premises 2.1 Premises. Landlord hereby leases to Tenant a portion of that certain parcel of property (the entirety of Landlord's property is referred to hereinafter as the "Property"), located at 225Wheaton Ave, Yorkville, and commonly known as Wheaton Woods Park, and being described as a 30' x 35' parcel containing 1050 square feet together with the non-exclusive right for ingress and egress, seven (7) days a week twenty-four(24) hours a day, as further described in Paragraph 11, (hereinafter collectively referred to as the"Premises") for access being substantially as described herein in Exhibit"A" attached hereto and made a part hereof. 3: Term and Options to Extend 3.1 Term. This Lease shall be effective as of the date of execution by both parties,provided, however, the initial term shall be for five(5) years and shall commence on the Commencement Date (as hereinafter defined)at which time rental payments will be due per Paragraph 4. The Commencement Date is defined as the later of the first(I")day of the month following: (a)the date this Lease is executed by the parties or; (b) the date Tenant is granted a building permit by the governmental agency charged with issuing such permits,but no later March 1,2011. 3.2 Option to Extend. The term of this Lease shall be automatically renewable for three(3) additional terms of five (5) years ("Renewal Terms") each following the original term or any renewable term at the annual rental stated 'below and otherwise upon the same terns and conditions stated in this Lease. If Tenant desires not to extend any subsequent term of the Lease it shall give Landlord written notice of its intention not to extend the term at least ninety (90) days prior to the expiration of the then current term whereupon the Lease shall be deemed canceled upon the expiration of the then current term. 4:Rent 4.1 Annual Rent. The annual rent for this Lease shall be Thirty-Five Thousand and no/100 Dollars($35,000.00) made payable on the Commencement Date as defined in Paragraph 3.1(the "Rent"). Rent shall be payable annually in advance on the annual anniversary of the Commencement Date but in no event later that the tenth (10"') day of that month for the Term year. Rent for any fractional year at the beginning or at the end of the Term or Renewal Tern shall be prorated. Notwithstanding the foregoing, Tenant agrees to pay the rent for the first two lease years,which is in the amount of Seventy-One Thousand Four Hundred Dollars ($71,400.00), to Landlord ("Initial Rent Payment") within thirty (30) days after receipt by Tenant of a written acknowledgement confirming the Commencement Date. Upon payment of the Initial Rent Payment to Landlord, Tenant shall not be obligated to pay any rent pursuant to this Paragraph 4.1 until the second annual anniversary of the Commencement Date(for payment of annual rent for the third year of the Agreement). 4.2 Late Payments. Rent payments made after the tenth(10'h)day of the month of the Term year shall be considered late(hereinafter"Late Payments"). Late Payments shall be subject to a processing fee of one and one-half percent (1.5%) of the rent then-due per month or any portion thereof that Rent is received late(the"Processing Fee"),such amount shall not be considered a penalty but rather an estimation of additional processing costs incurred by Landlord. Landlord shall,on or before the fifteenth(150')of the month after a Late payment is made,provide Tenant written notice of such late Payment and the Processing Fee amount due.Tenant shall include payment for the Processing Fee on or before the fifteenth(15'h)of the subsequent month following the written notice. All Rent payments submitted by Tenant shall first be applied towards the balance of any outstanding Processing Fees and then to the balance of Rent then due and payable. 2 4.3 Annual Rent Increase. The annual rent shall increase four percent (4%) on each anniversary of the Commencement Date for the duration of the term and any renewal term. 4.4 Performance Bond. Tenant hereby guarantees that its improvements will be constructed without the attachment of any construction liens and in the event that any such lien is filed against the Premises on account of Tenant's acts or omissions, Tenant shall either promptly post a bond (in form and substance reasonably acceptable to Landlord)indemnifying and defending Landlord for such lien claim or cause such lien to be removed of record. As additional security for the faithful and prompt performance of its obligation under this Lease and in lieu of the obligation to post a security deposit, Tenant agrees to provide Landlord a performance and payment bond in the amount of Ten Thousand Dollars($10,000.00)in a form reasonably acceptable to Landlord (the "Security Deposit"). If Tenant defaults under this Lease, and the default is not cured by Tenant as provided in Paragraph 13,Landlord may use,apply or retain all or a part of this Security Deposit to compensate Landlord for any actual loss,damage or expense incurred or suffered by Landlord by reason of Tenant's incurred default. Prior to Landlord withdrawing the Security Deposit,it shall first give Tenant written notice of its intention to do so and with that notice shall provide to Tenant written documentation of the loss,damage or expense for which Landlord seeks compensation from the Security Deposit. Such notice and documentation shall be provided by landlord to Tenant after the date of the occurrence which gave rise to Landlord's claimed loss, damage or expense. Failure to provide such notice and documentations shall result in a waiver by Landlord of the right to withdraw from the Security Deposit. If the Security Deposit is reduced by Landlord in accordance with this Paragraph, Tenant shall restore the Security Deposit within forty-five (45) days after the notice and demand from Landlord. Landlord shall return the Security Deposit to Tenant or Tenant's assignee within one hundred twenty (120) days after the date of expiration or termination of this Lease. Nothing contained herein shall be construed to limit Landlord's damages to the amount of the security deposit. 4.5 Location for Payment. Rent shall be paid to Landlord at the Address for Payment of Rent in Paragraph 1.3 or to another person, farm or place which the Landlord may from time to time designate in writing at least forty-five(45)days in advance of a rent payment date. 4.6 Landlord's Legal Fees. Within sixty(60)days after full execution of this Lease,Tenant shall reimburse Landlord for Landlord's attorneys' fees associated with reviewing this form of Lease. Notwithstanding the foregoing said reimbursement shall not exceed Two Thousand and no/100 Dollars ($2,000.00)and shall be contingent on Landlord providing Tenant with a line item invoice evidencing said fees,redacted to protect any attorney-client privileged communication. 5: Use of Property 5.1 Use. Tenant may use the Property only for Tenant's lawful telecommunications antenna tower purposes as well as for related site preparation, improvements and maintenance purposes in accordance with local rules and governmental regulations, and such use shall not interfere with Landlord's use of the Property(i.e.,if Tenant is making improvements to the Property,Tenant cannot place equipment or materials in such a manner as to block Landlord's access). Tenant may not perform or permit to be performed any advertising from or on the Tenant's Facilities. 5.2 Construction A. Tenant shall construct/install Tenant's facilities at Tenant's sole cost and expense and in accordance with the construction drawings attached as Exhibit `B" (Tenant's Facilities"). The tower in Tenant's Facilities shall consist of a flagpole-design telecommunications tower with an overall height no greater than one hundred and one feet(101'-0"). The Tenant's Facilities located on the ground shall also be improved with a new equipment shelter constructed with a gable roof and siding materials to reasonably match the existing City-owned shed located on the premises in a manner consistent with the attached Exhibit`B". The parties acknowledge that in order for Tenant to install its equipment shelter the existing City-owned shed located on the premises must be removed. In consideration of Landlord performing the removing and disposing of the existing shed, Tenant agrees to make a one-time payment of capital to 3 Landlord in the amount of$7,500 within thirty (30) days following the Commencement Date. The ground equipment shall be screened using an eight foot (8'-0") tall vinyl fence designed to match as nearly as possible the siding material of the equipment shelter to be constructed on the Property. B. Tenant shall not construct/install Tenant's Facilities without receipt of a building pen-nit issued by the Landlord. Prior to issuance of building permit,Tenant shall submit Tenant's construction and antenna drawings to Landlord to sign off and approve the construction and antenna installations. Landlord shall review such drawings within twenty-five (25) business days of receipt of plans. Within thirty (30) days from the date of completion of all construction activity (or as soon as possible thereafter weather conditions permitting),whether upon installation or later maintenance,repair and replacement,Tenant shall restore or cause to be restored to the reasonable satisfaction of Landlord, the Premises and other affected areas of the Property,including without limitation any and all landscaping,as nearly as may be,to the same condition or to a condition better than that which existed immediately prior to the commencement of such activities by Licensee. 5.3 Collocation. Tenant does not object to and upon Landlord's request will make reasonable efforts to allow collocation of other wireless telecommunication companies on Tenant's antenna tower, provided: a) that such installation does not cause interference with Tenant's Facilities; b) that collocation party enters into an agreement with Tenant; c) provided said collocation carrier enters into a separate ground lease agreement with Landlord; d) that the tower can structurally support the proposed collocation; e) that the aesthetics and design of the flag pole tower is not substantially altered by the collocation; and f) that Tenant has reasonable approval of the location placement of the third party telecommunication companies ground equipment installation. There will not be any collocation unless the new carrier enters into a separate ground lease agreement with the Landlord or obtains the Landlords consent. 6:Tenant's installation 6.1 Improvements. A. Without obtaining Landlord consent, Tenant may from time to time replace Tenant's Facilities with new or different but no additional, items with the same or different specification ("Improvements")so long as their installation is otherwise in compliance with this Lease, applicable laws, ordinances and Codes. Tenant's installation of Improvements shall not interfere with Landlord's use of the Property. B. As and for part of the consideration for use of the premises, Tenant shall purchase an American Flag for use on the flagpole/tnonopole described herein, all in conformity with the plans described in Exhibit 'B", provided that the Landlord shall be responsible for the daily operation, maintenance and repair of the flag. 6.2 ''Workmanlike Construction. Tenant agrees that the installation and any subsequent Improvements shall be completed in a neat workmanlike consistent with good engineering practices. All Costs of the installation, including, but not limited to, the cost of bringing electrical service to Tenant's equipment by directional boring or by open trenching in the event any unforeseen conditions are encountered during the underground boring process,will be paid by the Tenant. 6.3 Title to Various Items. Landlord shall,at all times during the Term of this Lease,be the sole and exclusive owner of the Property. The Tenant shall at all times be the sole and exclusive owner of Tenant's Facilities. All of Tenant's Facilities shall remain Tenant's personal property and are not fixtures. 6.4 Utilities. Tenant shall pay for the electricity it consumes in its operations at a rate charged by the servicing utility company.Tenant shall have the right to draw electricity,by separate meter or by sub meter, and other utilities from the existing utilities on the Property or obtain separate utility service from any utility company that will provide service to the Property (including a standby power generator for Tenant's exclusive use). Landlord agrees to sign such documents or easements as may be reasonably required by said utility company to provide such service to the Premises,including the grant to 4 Tenant or to the servicing utility company at no cost to the Tenant, of an easement in, over across or through the Land as required by such servicing utility company to provide utility services as provided herein. 6.5 Approvals. Tenant's work shall be completed in accordance with all applicable building codes and will conform to all applicable governing codes and ordinances. Tenant undertakes full and complete responsibility at all times hereafter for the expenses of, and quality of, construction and compliance with all code requirements and regulations of governmental authorities having jurisdiction over the construction, including but not limited to compliance with acts effecting construction of public buildings and service areas used by public employees, and Tenant agrees to remedy or correct any deficiencies with such compliance. The constructions shall be processed pursuant to permit and conducted by authorized and licensed personnel and shall be performed in compliance with local and State requirements for construction activities upon public property. The construction work shall proceed without interference or disruption,or minimalization of same,to the current operations of the Landlord. 6.6 Liens. Tenant shall: (A)pay before delinquency all costs and expenses of work done or caused to be done by Tenant in the Premises; (B) keep the title to the Tenant's Facilities and every part thereof free and clear of any lien or encumbrance in respect of such work; and (C) indemnify and hold harmless Landlord against any claim, loss, cost, demand (including reasonable legal fees), whether in respect of liens or otherwise,arising out of the supply of material,services,or labor for such work. Tenant shall notify Landlord of any lien, claim of lien, or other action of which Tenant has or reasonably should have knowledge and which affects the title to the Tenant's Facilities or any part thereof,and shall cause the same to be removed within thirty(30)days(or such additional time as Landlord may consent to in writing), either by paying and discharging such lien or by posting a bond or such other security as may be reasonably satisfactory to the Landlord. If Tenant shall fail to remove same within with said time period; Landlord may take such action as Landlord deems necessary to remove the same and the entire cost thereof shall be immediately due and payable by Tenant to Landlord. 7: Taxes Tenant shall be solely responsible for and shall timely pay all taxes levied and assessed against its use of the premises including real estate taxes levied and assessed against its leasehold estate. Tenant shall not be responsible for any real estate,special assessments or similar taxes relating to the Property except to the extent permitted by statute. Tenant shall have the right, at its sole option and at its sole cost and expense,to appeal,challenge or seek modification of any tax assessment or billing for which is wholly or partly responsible for payment. Landlord shall reasonably cooperate with Tenant at Tenant's expense in filing,prosecuting and perfecting any appeal or challenge to taxes as set forth in the preceding sentence, including but not limited to,executing any consent,appeal or other similar document. If Landlord receives notice of any personal property or real property tax assessment or bill against Landlord,which may affect Tenant and is directly attributable to Tenant's installation, Landlord shall provide timely notice of the assessment to Tenant sufficient time to pay said tax assessment or to allow Tenant to consent to or challenge such assessment, whether in a court, administrative proceeding, or other venue, on behalf of Landlord and/or Tenant. 8: Mutual Indemnification Landlord and Tenant hereby agree to indemnify, defend and hold each other harmless from and against any claim of liability or loss from personal injury or property damage in connection with the Property or resulting from or arising out of the use and occupancy of the Property by the indemnifying party or its agents, excepting, however, such claims or damages as may be due to or caused by the negligent acts or omissions of the indemnified party or its agents. Neither party shall have any obligation under this Paragraph 8 unless notified in writing of any such claim or loss within sixty(60)business days of receipt by the other party of notice of such claim or loss. 9: Insurance 5 9.1 Requirements. During the Term and Renewal Term of this Lease, Tenant shall carry and maintain commercial general liability insurance,naming the Landlord, its officers, agents, employees and volunteers as additional insured, insuring against liability for injury to persons or property occurring in or about the Property and Premises or arising out of the ownership,maintenance, use or occupancy thereof. Coverage under such policy shall be no less than$2,000.000.00 per occurrence for personal injuries and no less than $500,000.00 per occurrence for property damage or $3,000,000.00 combined single limit coverage for bodily injury and property damage. In addition, Tenant shall carry and maintain workers' compensation insurance in the statutory amount throughout the term of this Lease. Tenant shall provide Landlord with a certificate of insurance evidencing such coverage required by this Paragraph 9.1 within fifteen (15) days of the Commencement Date. Further, each certificate of insurance shall require no less than thirty (30) days written notice to each additional insured prior to cancellation (10 days notice shall apply to non-payment). 9.2 Non-Waiver. Under no circumstances shall the Landlord be deemed to have waived any of the insurance requirements of this Agreement by:(A)allowing any work to commence before receipt of certificates of insurance or additional insured endorsements, (B) by failing to review any certificates or documents received; or(C)by failing to advise the Tenant that any certificate of insurance fails to contain all of the required insurance provisions or is otherwise deficient in any manner. The Tenant agrees that the obligation to provide the insurance required by these documents is solely Tenant's responsibility and that Tenant's obligations cannot be waived by any act or omission of the Landlord. 10. Landlord's Representations In order to induce Tenant to enter into this Lease,Landlord covenants,represents and warrants,as of the date of this Lease and throughout its Term,as follows: 10.1 Authority. Landlord is the owner of Property in fee simple. Landlord has full authority to execute,deliver and perform this Lease and there is no mortgage affecting this Property. 10.2 No Condemnation. Landlord has received no actual or constructive notice of any condemnation or eminent domain proceedings or negotiations for the purchase of the Property,or any part instead of condemnation. 14.3 No Unrecorded Liens. Landlord has not performed and has not caused to be performed any work on the Property during the six(6)months preceding the date of this Lease which could give rise to any mechanic's or material men's liens. 10.4 Rights Upon Sale: Should the Landlord, at any time during the term or any extension term of this Lease, decide to sell that portion of the Property containing the Premises to a purchaser other than Tenant,condemnation as stated in Paragraph 14 excluded, such sale shall be under and subject to this Lease and Tenant's rights hereunder,and any sale by the Landlord of the portion of the Property underlying the easement granted herein shall be under and subject to the right of the Tenant in and to such easement. 11: Easements 11.1 Access. For the Term and Renewal Terms of this Lease,Landlord grants to Tenant, and its agents, employees, contractors, guests and invitees, a non-exclusive right and easement for pedestrian and vehicular ingress and egress across that portion of the Property described in Exhibit`B".Tenant and its authorized representatives shall have the right of ingress and egress to and from the Property and Premises twenty-four(24)hours a day,seven(7)days a week at no charge on foot or motor vehicle,including trucks and for the installation and maintenance of utility wires,poles,cables, conduits,and pipes under or along a fifteen (15') foot wide non-exclusive easement extending from the nearest public right-of-way, to the demised Premises as shown on Exhibit B, subject to the Landlord's right to relocate said access at its cost. All utilities for Tenant's Facilities will be constructed or installed so as to be underground. 11.2 Modifications. If subsequent to the date of this Lease it is reasonably determined by Tenant that any access or utility easement obtained does not or no longer adequately serves the Premises 6 and Tenant's use thereof, Landlord agrees to cooperate with Tenant to relocate such Easements where practical at Tenant's sole cost and expense. In the event the Landlord is unable to relocate any of the necessary Easements, then at Tenant's option this Lease may be tenninated upon thirty (30) days' prior written notice to Landlord. Notwithstanding anything to the contrary contained herein, Tenant shall be required to restore the Location of the prior easement to its original condition, reasonable wear and tear excepted within 30 days. 12: Assignment 12.1 By Tenant. This Lease may be sold, assigned, subleased or transferred by the Tenant without any approval or consent of the Landlord to the Tenant's principal, affiliates, subsidiaries of its principal;to any entity which acquires all or substantially all of Tenant's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization; or to any entity which acquires or receives an interest in the majority of communication towers of the Tenant in the market defined by the Federal Communications Commission in which the Property is located. As to other parties, this Lease may not be sold, assigned, subleased or transferred without the written consent of the Landlord, which such consent shall not be unreasonably withheld or delayed. 12.2 By Landlord. Landlord may assign this Lease upon written notice to Tenant,subject to the assignee assuming all of Landlord's obligations herein. 13: Defaults 13.1 By Tenant. In the event of default under this Lease by Tenant,Landlord shall be entitled to remedies as shall then be provided by law except that Landlord shall not be entitled to remove any personal property (including fixtures) on the Property; and provided that prior to, and as a condition precedent to,the exercise of any remedy,Landlord shall give to Tenant written notice of default to Tenant and the nature of the default and Tenant shall have thirty(30) days (or, if the default cannot be cured within thirty(30)days,a longer period as shall be necessary to cure the default,acting with due diligence), after receipt of the notice within which to cure the default,during which period no remedy shall be pursued. If Tenant fails to cure a default within the period stated above, in addition to any other remedies available to Landlord, the Landlord may then, but not before, elect to commence eviction proceedings provided, however,Tenant shall be permitted a six(6)month stay from receipt of a notice of eviction at one hundred ten percent(I 10%)of the then current monthly rent to find an alternative site. 13.2 By Landlord. If Landlord defaults in any of its obligation under this Lease, in addition to any remedies available at law or equity,Tenant may perform Landlord's obligation and may offset from the rent or any other amounts next payable Tenant's costs and expenses of doing so. Notwithstanding anything else in this Lease,Tenant may defer payment of rent including the first rent payment,during any period in which Landlord is in default in any of its obligations under this Lease; has failed to provide or execute or cause to be provided or executed(A)any document reasonably necessary for Tenant's use of the Property in the manner contemplated excluding a building permit when Tenant is not in compliance with the regulations for that permit, (B) any license, or (C) any document reasonably necessary to obtain any title insurance or there necessary or desirable insurance or consent. Notwithstanding the foregoing, in the event of a default under this Lease,Tenant shall give to Landlord written notice of the default specifying the nature of the default and Landlord shall have thirty(30)days(or, if the default cannot be cured within thirty (30) days, a longer period as shall be necessary to cure the default, acting with due diligence), after the receipt of the notice within which to cure the default. If Landlord fails to cure a default, in addition to any other remedies available to Tenant,the Tenant may elect to terminate this lease. 14: Condemnation In the event of any condemnation of the Property, Tenant may terminate this Lease upon fifteen (15)days written notice to Landlord if such condemnation may reasonably be expected to disrupt Tenant's operations at the Premises for more than forty-five(45)days.Tenant may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the antennas, equipment, its 7 relocation costs and its damages and losses(but not for the loss of its leasehold interest).Any such notice of termination shall cause this Lease to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Lease and the parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this lease. 15: Casualty In the event the Property is or Tenant's Facilities are destroyed or damaged in whole or in part by casualty during the Term or Renewal Terms of this Lease then, at Tenant's option (exercised by notice to Landlord), this Lease may be terminated as of the date of the event or at any time within ninety(90)days thereafter and no further rent shall be due under the termination section or any other section of this Lease. For the purposes of this section,casualty shall be defined as such damage as may reasonably be expected to disrupt LESSEE's operations at the Premises for more than ninety(90)days. 16:Quiet Enjoyment Landlord covenants and agrees that upon payment by the Tenant of the rent under this Lease and upon the observance and performance of all the covenants, terms and conditions on Tenant's part to be observed and performed, Tenant shall peaceably and quietly hold and enjoy the property, the right, and privileges granted for the tern demised without hindrance or interference by Landlord or any other person and Landlord shall perform all of its obligations under this lease. 17: Termination 17.1 By Tenant. In addition to termination as a result of action or inaction pursuant to other parts of this Lease,Tenant may terminate this Lease: (A)at any time for any reason upon sixty(60)days written notice to Landlord and payment of six(6) month's rent, or (B)immediately, without payment of any rent not yet due following written notice to Landlord of either(i)Tenant's inability to secure necessary governmental approvals and/or Tenant has lost,been denied,or has had cancelled,withdrawn or terminated said approvals, or if Tenant fails to satisfy any necessary governmental authorization or radio engineering criteria to use the Property as contemplated in this Lease; or(ii)Tenant's having obtained a soil test which shows contamination to building conditions which in Tenant's judgment are unsuitable for Tenant's purposes;or(iii) Tenant is unable to occupy and utilize the Premises for the use stated in Paragraph 5.1 above due to an action of the FCC, including without limitation, a take-back of channels or change in frequencies; or (iv) Tenant determines that the Premises are not appropriate for its operations for technological reasons,including without limitation,signal interference. 17.2 By Landlord. Landlord may terminate this Lease following a determination by an applicable federal governing body (which collects data using appropriate instruments which are properly calibrated)that the power density levels emitted from Tenant's equipment located on the Property exceed guidelines established by the Federal Communications Commission ("FCC"), at points accessible to and intended for the general public and the inability of Tenant to bring its equipment into compliance with such standard within sixty (60)days after receipt of a written copy of Landlord's engineering findings; or, if Tenant abandons the leased Premises for a period of twelve(12)consecutive months. 17.3 Removal of Equipment. Upon the expiration of this Lease, or its earlier termination or cancellation for any reason,Landlord may request Tenant,at its sole expense,to remove the Property all or any part of its antennae, antenna structures, transmitting and receiving equipment, transmitting lines, shelter, sidewalks and foundations below grade level, other personal property, fixtures and other improvements. Tenant shall be required to remove its access road unless Landlord then desires that it will remain,in which case Tenant shall not be required to remove any portion of the access road. Tenant shall have up to ninety(90)days after the effective date of the expiration,termination, cancellation to complete removal of all items. If Tenant requires any additional time after the ninety (90) day period, Tenant shall pay Landlord the then current monthly rent(or in the case of annual rent one-twelfth of the annual rental)in advance for each thirty(30)day period or portion thereof Tenant requires to complete the removal. All of 8 Tenant's Facilities for which Landlord does not request removal shall become the personal property of the Landlord and shall be conveyed at the termination of the Lease by a duly-executed bill of sale. 18: Cooperation Landlord agrees to cooperate with Tenant in any efforts by Tenant to secure any governmental permits necessary to use the Property as contemplated in this Lease,and to join in any application or other document reasonably requested by Tenant within ten (10) days of Tenant's written request. During the Tenn or Renewal Term of this Lease Landlord shall take no action that adversely affects the uses permitted by this Lease on the Property. At any time after the date of this Lease or the Commencement Date, either party shall execute or cause to be executed any documents, or take or cause to be taken any actions, reasonably necessary to carry out the intent of this Lease. 19: Lease Construction This Lease shall be construed in accordance with the laws of the State of where the Property is located. In the event that any provisions of this Lease are legally unenforceable,the other provisions shall remain in effect. 20: Entire Binding Understanding;No Oral Modification All prior understandings and agreements between the parties are merged into this Lease and this Lease may not be modified orally or in any manner other than by an agreement in writing signed by both parties. Presentation of this Lease by Tenant to Landlord shall not constitute an offer unless the Lease has been signed by Tenant,and this Lease shall not be binding until executed by both Landlord and Tenant. 21: Successors;Separability Subject to the provisions regarding assignment,this Lease shall be binding upon, and inure to the benefit of, the successors-in-interest and permitted assigns or subtenant of the parties and any grantee of Landlord. 22: Notices All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail,return receipt requested or by commercial courier,provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender,addressed as follows(or any other address that the Party tobe notified may have designated to the sender by like notice): Landlord: United City of Yorkville 800 Game Farm Rd. Yorkville,IL 60560 Tenant: Chicago SMSA Limited Partnership d/b/a Verizon Wireless 180 Washington Valley Road Bedminster,New Jersey 07921 Attention:Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 23:Performance Time is of the essence in this lease. 9 24: Broadcast Interference 24.1 Definition.As used in this Lease"interference"with a broadcasting activity means; (A) Interference within the meaning of the provisions of the recommended practices of the Electronics Industries Association ("EIA") and the rules and regulations of the Federal Communications Commission("FCC")then in effect,or (B) A material impairment of the quality of either sound or picture signals on a broadcasting activity as may be defined by the FCC at any hour during the period of operation of activity, as compared with that which would be obtained if no other broadcaster were broadcasting from the Property or had any equipment on the Property. 24.2 Interference. (A) Tenant shall operate Tenant Facilities in a manner that shall not cause physical, mechanical, radio frequency or signal interference to Landlord and other tenants or licensees of the Property, provided that their installation predates the execution of this Lease. All operations by Tenant shall be in compliance with all FCC requirements. (B) Subsequent to the installation of the Tenant Facilities, Landlord shall not permit itself,its tenants or licensees to install new equipment on the Property if such equipment is likely to cause physical, mechanical, radio frequency or signal interference with Tenant's operations. Such interference shall be deemed a material breach by Landlord, for which there is no adequate remedy at law,allowing Tenant the right to specifically enforce the provisions of this paragraph in a court of competent jurisdiction. In the event interference occurs, Landlord agrees to take all reasonable steps necessary to eliminate such interference in a reasonable time period. Landlord shall have the right to install equipment that is in compliance with all FCC standards and regulations, subject to the reasonable review and approval by Tenant. (C) Intentionally omitted. (D) Tenant's equipment must accept any interference caused by and may not cause any interference to the operation of any existing public safety equipment such as police, fire department and 911 dispatches. 25: Environmental Matters 25.1 Definition. For purposes of this Lease: (A) "Applicable Environmental Laws" includes the Comprehensive Environmental Response, Compensation, and Liability Act, and so called "Super-fund" or"Super-lien" law, or any other Federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standard of conduct concerning any hazardous,toxic or dangerous waste, substance or material, as now or at any time hereafter in effect. (B) "Hazardous Material" includes any hazardous, toxic or dangerous waste, substance or material as that term is defined in Applicable Environmental Laws. 25.2 No Hazardous Material. Neither the Landlord nor, to the best knowledge of Landlord, any other person has ever caused or permitted any Hazardous Material to be placed, held, located or disposed of on, under or at the Property or any part thereof nor any part thereof has ever been used by the Landlord,or to the best knowledge of the Landlord,by any other person either as a permanent or temporary dump site or storage site for any Hazardous material. 10 25.3 Tenant's Indemnity. Tenant indemnifies the Landlord and agrees to hold the Landlord harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever paid, incurred or suffered by or asserted against Landlord,for with respect to, or as a direct or indirect result of, the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission, discharging or release from the Property or into or upon any land,the atmosphere, or any watercourse, body of water or wetland, of an Hazardous Material (including, without limitation, any losses, liabilities, damages , injuries, costs, expenses or claims asserted or arising under applicable Environmental Laws)caused by or in control of Tenant. Landlord will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in,on,or in any way related to the Property,unless such conditions or concerns are caused, in whole or in part,by the specific activities of Tenant in the Premises 25.4 Landlord's Indemnity. In all other cases,Landlord indemnifies the Tenant and agrees to hold the Tenant harmless from and against any and all losses, liabilities, damages, injuries, costs expenses and claims of any and every kind whatsoever paid, incurred or suffered by or asserted against Tenant for,with respect to,or as a direct result of,the presence on or under,or the escape seepage, leakage, spillage, discharge, emission, discharging or release from the Premises or into or upon any land, the atmosphere,or any watercourse,body of water or wetland, of any Hazardous Material(including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under Applicable Environmental Laws)caused by or in control of Tenant. 25.5 Survival. The provisions of and undertakings and indemnification set out in this Section shall survive the termination of this Lease. 26: Waiver of Landlord's Lien Landlord waives any lien rights it may have concerning the Tenant Facilities which are deemed Tenant's personal property and not &xtures, and Tenant has the right to remove the same at any time without Landlord's consent. 27: Memorandum of Agreement Landlord acknowledges that a Memorandum of Agreement will be recorded by Tenant in the official's records of the County where the Property is located. Landlord agrees to execute said Memorandum of Agreement upon request by Tenant. 28: Consent In any case where approval or consent of one party hereto is required,requested or otherwise to be given under this Lease,such party shall not unreasonably delay or withhold its approval or consent. (Signatures on next page) 11 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective signatures the day and year first written above: LANDLORD TENANT By: Chicago SMSA Limited Partnership d/b/a Verizon Wireless By:Cellco Partnership,its General Partner Name: Title: Date: By: Beth Ann Drohan Area Vice President Network Date: Exhibit A 12 Description of Property (see attached) Exhibit B 13 Depiction of Premises (see attached) 14 r, d�• •C r" -a a i GI� pyre, �pm rQam f`� g l eo cz + `5j a��"row � •� �g N'P f $�r�4TH ,� ��• . ,t~` � _ _ ,o r� s ,. •t � 1�r __ V 1.i 1• �` J is 'F -•i.� , � ♦�'�. �i r.A'.�� �M! r Before Chicago SMSA limited partnership orth Yorkvill- East i =y Y AL r - Before After Chicago SMSA limited partnership d/b/a Verizon Wireless North Yorkville From Wes', ��TERRA r ��. ��r{ •.•a r�. iii� - � � �.-t,r ■ 1r�.i k °$� � w 4 -a . I• � I I. I 'c- CONSULTANT TEAM PROJECTTYPE: VICINITY MAP REGIONAL MAP y PROPOSED ANTENNA TONER WITH PROPOSED PROJECT CONSULTANT TERRA CONSULTING GROUP,LTD. 11'6 r 2V-T EQUIPMENT ENCLOSURE _MST _ .__ .,_.�_ BefY 41 f..,,,;,;,µ,,.-,"�,y.•' O W 600 BUSSE HIGHWAY SITE COORDINATES: - /. .• *. p QTri \\�l 'VVw E2 L_ PARK RIDGE,IL 60088 •f' 'w (647)BfiBE4W LATITUDE'41-41-04,46-N(FROM 1A) 4r 1 Pr LONGITUDE:Be-2T 10.21'W(FROM 1A) Brl F _ 2 WILLIAMS& 0 Bko�Ck \ O SURVEYOR 549OTTAWAAV K5 ELEVATION:847' _ 1ogA`fi r- /, � re ' 0 c ul rp 0 GR OTTAWA AVE NW GRAND RAPIDS.MI 48509 DRIVING DIRECTIONS: j (818)224.1501 FROM OKARE D TAWT7-AIRPORT:MERGE ONTO-W 3 PARTIAL TOLL ROAD.TAKE THE INTERSTATE BB WEST E-W TOLLWAY EXITTOWARD AURORA TOLL ROAD.MERGE ONTO 148 W PARTIAL Q R TOLL ROAD.EXIT ONTO IL-55 W TOWARD US40111.471SUGAR GROVE. MERGE ONTO M-47 S VIA THE RAMP TO US-00 E SUGAR GROVE.TURIN \ g V 11V11 I" RIGHT AT W WHEATON AVE,DESTINATION WILL BE ON THE LEFT. ` ro APPROVALS III SITE REAL ESTATE __,._.__- LOCATION -F I tik Lew n � RF y�1 CONSTRUOTgN 41 J.-� -_— IF y \� VIII! I 1!0 1 null b or o OPERATXINS \ .-...._Ie, 6M14 EQUIPMENT ENGWEERING .4 F4F; rQY /� LOCATI SITE P.I.N.B' 02-17-276-007 ADDRESS: 225 W.WHEATON AVE. 2 a YORKNLLE.IL 60560 UTILITIES: POWER TELCO COWED T.R.D. CHICAGO SMSA SITE INFORMATION limited partnership JURISDICTION RKWLLE OCCUPANCY: UNINHABITED PA ZONING. PARK CONSTRUCTION TYPE. RAW LAND LANDOWNER: UNITED CITY OF YORKNLLF 500 GAME FARM ROAD CHICAGO SMSA LIMITED PARTNERSHIP YORKVILLE.IL 60560 .- d/b/a VERIZON WIRELESS CONTACT PERSON. KRYSTI J.SARSDALE-NOBLE 1515 WOODFIELD ROAD,SUITE 1400 (630)553-8573 SCHAUMBURG,ILLINOIS 60173 APPLICANT CHICAGO SMSA a/b/o VEH=.xan WRLLLSS PHONE: (847)619-5397 FAX: (847)706-7415 1515 8501 SnIL laou SCHAUMBUR G, LOC.#193389 BUR I L AD. CONSTRUCTION MANAGER JASON EISELEIN (630)294-6060 NORTH REAL ESTATE MANAGER: TASHA rl LMAN YORKVILLE (847)706-7272 DRAWING INDEX 225W WHEATON AVE. T-1 TITLE SHEET YORKVILLE,11-66560 LOCATION NUMBER: 193389 LP LOCATION PLAN C-1 ENGINEERING SITE PLAN C-2 SITE GRADING PLAN C•3 SITE DETAILS SITE NAME: NORTH YORKVILLE C-4 EQUIPMENT ENCLOSURE FOUNDATION PLAN — ANT-1 SITE ELEVATION ANT-2 ANTENNA INFORMATION ANT-3 ANTENNA MOUNTING DETAILS B-1 EQUIPMENT ENCLOSURE PLAN AND SECTION 225 We WHEATON AVE! — rwr B-2 EQUIPMENT ENCLOSURE ELEVATIONS YORKVILLE, IL 60560 EQUIPMENT ENCLOSURE B-3 SHELTER SECTION f PLAT OF SURVEY TITLE SHEET E-1 SHE ' 1 E-1 UTILITY ROUTING PLAN J `a E-2 SITE GROUNDING PLAN E-3 ELECTRICAL AND GROUNDING DETAILS EA ELECTRICAL AND GROUNDING DETAILS SP-1 SPECIFICATIONS °« F I B R E B 0 N D SP-2 SPECIFICATIONS '°'° FULL SCALE PRINT IS ON 24N36"MEDIA Q 2 O rW Zy I � ' EXISTING PROPERTY LINE m m I I I oM.YRYRYTYRLLYYII � el �� °p I I �mm mn° a� II II LAI I I EXISTING WOODS EXISTING 20'PUBLIC UTILITY& DRAINAGE EASE NT(PER PLAT) EXISTING CHAIN LIEW FENCE 539.SB' I / % LOC.#193389 NORTH PROPOSED 30'%1T )O PUBLIC UTILITY 6 DRAINAGE ANTENNAS LESSEE / LEASEAREA EASEMENT(PER PLAT) YORKVILLE ANTENNAS TRICT, e�ioungs O / EXISTING ELEC)RIC TRANSFORMS ��� EXISTING BUILDING / EXISTINGTELCO PEDESTAL O�EXISTING TREE.TYP. — -- / EXISTING 25'SETBACK 225 W WHEATON AVE. YORKVILLE,IL 50530 _———— g-—— — — --' XISTING BO'WIDE ROW u�vp m 1Z. / ��wmaa`i-o,a ee��er m ------wH ON A NUE -- -- -y EMR PROMOLa William��(p�Works +^'+'--'^+^'�–�^"^1 LOCATION PLAN PROPOSED AGGRE EXISTING SIDEWALK GATE AREA PROPOSED 15'WIDE ACCESS EASEMENT r y,EEr�Eq euN wx 50%GN AT$W5mC51ERlY CMTH O Of f.OxCMrE ORhe TO slnrocE mwnwc;nusx xnx gwrc LP I , aco � I I EXISTING TREE LINE � /w (=jl W EXISTING PROPERTY LINE v �_ < B.S B' 11.5' y 3 EXISTING FENCE Z EXISTING 20'PUBLIC I I Q O unUTY&DRAINAGE /w W ' EASEMENT(PER PLAT) I I PARCEL I -I -e' #02-17-276-007 V E �P I I UNITED CITY OF THE VILLAGE OF YORKVILLE F� DDD� I - �a� Pip 10' o' �-— z-mom PROPOSED IW HIGH FLAGPOLE W LESSEE n ANTENNAS®%'A.G L. mgm A PARCEL I �lJ� PROPOSED WAVE GUIDE 6 ICE Haar° BRIDGE 02-17-201-005 I I ANTENNA TOM TO AN44"01,�' ANTENNA TONER "I VIM GALE INDUSTRIES INC I I (��� PROPOSED LESSEE EOUIPMENT SHELTER(11.5'x23')W GABLE ROOF 631DIN0 _ -- 1 IXE IXE STING TREE g TO BE REMOVED PROPOSED"'TALL VINYL FENCE $ _ J EX ELECTRIC TRANSFOISTING RMER PROPOSED 30'X 35'LEASE AREA 2' PROPOSED LESSEE 1 T UTILITY H FpgME CONTRACTOR TO REMOVE EXISTING PLANTINGS WTHIN FENCE EXISTING TELCO ENCLOSURE 6EASEMENT AREA 12' S PEDESTAL - z PROPOSED 17 WOE CONTRACTOR TO REMOVE - ... -- - OOUBIESWNG GATE I EXLSTING BUILDING `�°B _- WTH SECURffY LATCH I EXISTING CONCRE TE DRIVE R PROPOSED AGGREGATE DRIVE EXTENSION ';r,•�:;, :.4�� EXISTING 2S SETBACK I .EXISTING SB X 40'PUBLIC UTILITY b — 1OPUBLICUTILRYB —I ` 'J I. .;; I I --DRAINAGEEASEMENT(PERPLAT]- L�� ` y.r. DRAINAGE EASEMENT`� I /� g IEEBrLAA- I y PROPOSED IS WDE r I I II ACCESS EASEMENT SITE DIMENSION PLAN EXISTING ROW 24" - _ LOC.#193389 -—— II NORTH -I�1--J-- YORKVILLE --_-- .---°_---'-� 225W.WHEATON AVE / _--- YORKVILLE,IL WSW PAVEMENT MATERIAL ----_-_-- aaeo e.r ACCESS ROAD(HATCHED) -------- - _ --_-- _ -- 03k S.Y EXISTING SIDEWALK 3'COMPACTED AGGREGATE BASE COURSE,CA-S pro i-o MIRAFI 500X SUBGRADE GEOTEXTILE FABRIC OR APPROVED EQUAL EXISTING MANHOLE LEASE SITE EXISTING UTILITY BOX' MIISl S.Y. SURVEY PBDVOEI)BY'. r COMPACTED AGGREGATE BASE COURSE,WTH 3M'CRUSHED EXISTING CATCH BASIN W H E AT O N AVENUE r r AGGREGATE.NO FINES.OR APPROVED EQUAL.MIRAFI 500X William Works SUBGRADE GEOTEXTILE FABRIC OR APPROVED EQUAL ENGINEERING +� EXISTING LIGHT POLE-- SITE PLAN THE CONTRACTOR SHALL INCLUDE AS PART OF THE BID,THE COST s,x ar • w a.w v wem OF REMOVAL OF ANY SURFACE VEGETATION AND ORGANIC SOILS OR _� x.+. OTHER DELETERIOUS MATERIALS AND THE REPLACEMENT WITH --------- — eu2r)e+1s> ENGINEERED aACKFILL FOR THE WITH HE RECOMMENDATIONS AND Box cur wr s0urmrTSrtmr cOBxrxacoxcBEr c DANE LEASE SITE,IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE smRABT eunnuxc;nusB vxrlr cANX GEOTECHNICAL REPORT � W I I I I � � PARCEL � Q #02-17-276-007 V y 4 0 UNITED CITY OF THE N =y LAGE OF YORKVILLE L T 5 -� 10, o' I�- - ® II II CONTRACTOR TO W'sMLEUllRRL41C11e IJ � REGRADETOENSUREenxrarmwu � w POSITIVE DRAINAGE `> 0� T'ma I 841.50 04170 jWJ/ti- PROPOSED LESSEE EOUIPMENf waa4 SHELTER(115'x 28') PIGRADE ELEV.•842.09 84120 TIFOIAlOAT10N ELEV=842_50 �� PROP O 100'HIGH – FLAG E -PIG ATTOWER•512.90' -TIF TION•842.w I PROPOSEO 00'X 3S LEASE AREA h 6p 1 841.70 © b�K 941.95 pry I Y:; ^• a 842.15 0 g DRIVE EXTENSION r' • 2.38 — _ L 842.38 24�. MATCH EXISTING ELEVATION I I ___--_--.---- _ EXISTING CONCRETE DRIVE 4 LOC.#193389 -------------__-----------7 NORTH YORKVILLE 41 -- sa '— — 225 W.WHEATON AVE. YORKVILLE.IL 80580 PROPOSED 15'WDE ACCESS EASEMENT SBNYEY PR01Om BV: Wi — i I I O m 5R�Works ��� SITE GRADING PLAN RNR14eox cm AT SOIInRYE5R—C—IER a CCBCRne I— C-2 r2 10 slowcE aunowc.R.usN wmt cMOE \ __ __ — —' `I W — I CONTRACTOR TO PROVIDE A O 4 2 12"x12"CUT-OUT IN THE VINYL FENCING OPPOSITE THE QQQ d K METER LOCATION FOR METER -B"ZINC COATED 270 DEGREE HINGE �}//� ,C` �y W/2 i/2"X 1/4"FLATHEAD SCREWS `_+ READING.FRAME OUT THE (HINGES ATTACHED ON THE INSIDE OF FENCE) LD p CUT-OUT WITH VINYL 2xNs ON INSIDE OF FENCE PRIOR TO GATE POST,8'X8'(NOMINAL) 1"XB"FA BOARD 4"GALVANIZED PLATES WITH a W MAKING PENETRATION. ) CROSS80AR 1/2'CARRIAGE BOLTS WITH HEX \ m 1'XB"VINYL 2"X4'•(NOMINAL) (NOMINAL) NUT,WASHER AND LOCK WASHER rV\ _ I FACEBOARD(NOMINAL) GATE HINGE dd 5-112 7 >mo• GATE HINGE d DO f i mm SSgpqp� 9 ^a n 4"(NOhLINAL) �� I°Da°alp SECURITY LATCH WITH LOCK CAST-IN-PLACE •(SEE SECURITY LATCH DET'ly� CONCRETE FOUNDATION b 3 ��l8"MIN.DIA. GATE POST,B'XB'(NOMINAL) CONCRETE OUNDATION ' W RE MESH 1T DMI.MI REINFORCEMENT /-GEOTEXTILE FABRIC 2 12'-0"SWING GATE N T B ; (OPTIONAL) / FABRIC ANCHORAGE TRENCH g�g METAL OR 4WOD BACKFILL W'/l'AMPED Y 1 PVC POST POST OR STAKE NATURAL SOIL NTS [DIRECTION OF RUN.FF FLOW / VINYL 7;A%IMEBOARD �Ce�(N� SUPPORT POST NATURAL SOIL ANCHORAGEFROM GENERALHOTES IN-SITU SOIL TO CEMENT MORTAR 1)REFER TO THE PROTECT MANUAL FOR ADDITIONAL INFORMATION AND NOTE- REDUIREMENTSREIATEOTOCONSTRUCTION DEPENDING UPON CONFIGURATION,ATTACH 2)THE OWNERHASGUSEOADEOTECHNIGLEXPLOHATx:NTL1NEPERFORMED LOC.#193389 FABRIC TO WIRE MESH VWHOG RINGS,STEEL ATTHESTTE POSTS WIT TIE HARES,WOOD POSTS W/NAILS 3)THE CONTRACTOR SHALL NOTIFY THE CUENTS G ECHNIGL ENGINEER NORTH TO COOROIHATE HAVINO A FIELD REPRESENTATIVE OH SITE FOR TESTING AND'"SFWTON YORKVILLE VCIqNYL$gpqq� 5 EROSION CONTROL SILT FENCE caTTE 2"X�S(I40MITlAL) NT4 ONLY THE REPORT ENOT A PART OF THE CONTRACT OOCl111.,ND HER THE OVMER NOR THE ENGINEERIARCNRECT GUARANTEE THE ACCURACY OR VALIDITY OF THE DATA CONTAINED THEREIN,NOR DO THEY ASSAAEAHY 225 W.WHEATON AVE RESPONSIBILITY FOR THE CONTRACTON5 USE OR INTERVRETATION OF THE YORKVILLE,IL 80560 DATA CONTAINED THEREIN • GEOTEXTILE PARAMETERS �- CUL - _ II� PROPERTY MINIMUM VALUE p1 TEST MEfNOD { ~�s MIRAFI DR SUDGRADE GEOIE%iILE •:.'•�' FABRIC.OR APPPOVEO EDUAL GRAB STRENGTH 1WLB5 ASTM Ob]2A1 u • _ PUNCTURE STRENGTH TS LHS ASTU 0.4833-00 Pn I 7C-F� A CTEDAGGREOATESASECOURSE.CONSEFTWOF BURSTSTRENGTH 290 LBS ASTM"?M NIRAFl SBPX SUBGRAOEGEOTEXTIIE / 3/e"CNUSHEO ADOREGATE RO FINES TRAPELOIDALTERR 50 LEE ASTM D43T1-0T wTC MHnO CAST-IN-PLACE FASRIG.ORAPFRCVEO EOUAL L - U, ,�L<.o., •• CONCRETE FOUNDATION COMPACTEDSUBGRADEORENG MREDFIU —_ --(exvNr o�ra S CgAPACTEOAG(iREGATE BASE COURSE.G-0 (A)ALL VALUES REPRESENT MINIMUM ROLL VALUES -- _ 1 Er_Da.MIN, ---COMPACTED SUBGRADE OR ENGINEERED FILL SITE DETAILS ROTES F THE FABRIC SHOULD BE ACED W ACCORDANCE YM TH[HE MANUFACTURERS RECOMMENDATIONS IT Tl INCH.)O OF SHEETS MU ST BE MANORSUFFIFENTLI 11 AGGREGATE CROSS-SECTION AGGREGATE CROSSSECTION OVERE T"(AT SHEET SI-ICU E5ALSOB 11-ACEEDBYT TO MANUFACTURER)ADO SSEASEMENi NTS LEASE STE NTS THE GEUTE%TILE SHEETS SHOULD ALSO BE PLACED TAUT iO REDUCE ES ORFOLDS.GREMUSTSEEXERCISEDTOPREVENTPNYBM.LL MMAGEOF THE BEOTEX TILEPRTORTO.WRINGANDAFTERWETALLATION BELITTESSHWLD 3 o. BE INSTALLED BEFORE PLACING THE FABRIC ]IFd ENCLOSMEIENGTN SS BAR„ BS BARD 4 y (11-S MIN) 1 STD 90'NOOK STD 90'HOC K O ROND Mgt BARS AT NER - C AEINFORCEMENT IS _ LO Z A � xDIGTEO - Q N M¢+M+'R,T Z y m I PROVIDE SAAF E-AND „PACING RI AS OZONTAL BARS w d —CONCRETE FOUNDATION WALL CORNER INTERSECTION CONSTRUCTION JOINT �hsf oo$ LINE OF ED[APMENT Pbb� ENCl091REE �1 N Uq �,CONCRETE WALL REINFORCEMENT DETAILS � = mO NTS mrcmm 1 PREMOL�E MAE 3x3 W2 9.w 9 C oc c E%PANSION JOINT aali TOOLED EDGE(3)SIDES SLOPE 1M•PER FOOT EL TISLAR I EL VAIN Ste— Y � � h FINISHED GRADE c >; qNi� I w1NCS b S EQUIPMENT ENC WSIRE TIE BRACKET (TOTAL OF EIGHT)DOCRDINATE WITX EQUIPMENT ENCLOSURE STRUCTURAL SLAB 13-0'X4'd OVER COMPACTED FILL MANUFACTURER COMPACTED FILL PITCH SUBAWAY EQUIPMENT ENCLOSURE FOUNDATION FROM ENCLOSURE DBNERAL 4'•S' 4'd 4'd 2•C CONTRACTOR SHALL INSTALL SUB SECTION D AFTER ENCLOSURE HAS BEEN NET x rs PROVIDE 11 PRIEN DIDED EXPANSION FUTURE NTURE 0 A EQUIPMENT ENCLOSURE FOUNDATION a 9 ff 1 REFER TOCMLDRAWNGSFOR ORIENTATIONOFTHE FOUNDATIONS S ' EgUIPMENT ENCLOSURE FOUNDATION AND FLOOR SLAB PLAN NTS 3 EQUIPMENT ENCLOSURE FOUNDATION IS OE4CMIE0 FOR THE FQLOWING lCAOS ENCLOSURE DEAD LOAD 70,S0DLB3 ROOF LVELOAD LOA SOPSF FLOOR LIVE LOUD'RS PSF I EWIPMENT ENCLOSURE S THE CONTRACTOR SHALL NOTIFY THE CLIENTS GEOTECHNICAL ENGINEER TO COOiOMTE o gAFEMENT gxpl0lt CA/JIULUt gA5 HAVING A FIELD REPRESENTATIVE ON SITE FOR TENTING AND INSPECTION! r E E TOCVIL DRAVANGS FOR REHAB DETNIS i SEEBEBAROE L /((--'RI BRACKET DIAMETER K312ANCHOR BOLTS 4 FUO R`SSMLLBMMS—GIN SOIL ORSSURE OF AREA EflW.CAPABLE OF TIE BRADIfET GUPPORTINGAMIMMUM SOIL BEARING PRESSURE OF 2W0PGF Ijb vO tt�� / S SUBGRADE PREPARATpN' p u5 A REMOVE ALL SOILS COTITNMNG TOPSOIL ORGANIC MATElUMS.ANDIOR FRLhUl ERAW 2 TMIALL•S'ABOVEGROUNO FROM WIIXIN AREA OF ENCWSIRE FOUfUDATK]N L..O B PROOF ROLL RESULTIN°SUBGRADE WITH A HEAVILY LOADED SINGLE AKLE ROLLER OR IOC.#193389 SIMILARVEHICLE(ZOTONLOADI CONTRACTOR SHALL UNDERCUT AND REFV EWITH ENGINEERED FILL ALL LOOSE SOFT OR UNSTABLE AREAS REVEALED OUR NG PROOFROLLING ".� COMPACTED FILL AND REEPLACFMENTASINOCATEDINCTHEGEOTECHNICAI REPORTASP TCFMEBIDNOERCUi NORTH PT�QR BAIL VAPOR3MPIER C SUBGRMAOE MID OFOU NDATION WAIL WITH N LA GRANUWTW RL\L EN RESULTANT YORKVILLE EXISTING SUBGRAOE� S'CA-0AGGRECATE TCLR B HAN BE WALLS SHALL BE RACKFILLED THE CONTRACTOR EACH SIDE OFTHE WALL E WALLS I,O, SHALL BE ADEQUATELY BRACED BY THE CONTRACTOR UNTIL FLOOR SLAB HAS BEEN PLACED AND CURED FOR TZ IfO11RS MINIMUM 225 W.NMEATON AVE �pR pp��ggAAqq�p�TALI� 4 T ENCLOSURE SHALL NOT BE SET UNTIL FLOOR SUB HAS SEEN CURED FOR T HOURS MINIMUM YORKVILLE,1130530 GEE SECTION B MIO C &WALL S DONTRACTORTOEICATEDIOUNUATIONISABAPE POURED TOMEETFUTNE53 LEVEL V TOLERANCES AS INDICATED IN ACI d SB ANO 45 7 SECTION A I eoTro� B.EOUIPMEM ENCLOSURE THE EQUIPMENT ENCLOSURE 19 A PRE-FABRIDATEO BUILDING MA-FACFJNED BY FIBREBOIP NTS 6WALL MINDEN.LOUISIANA cxEGtFPBT THEEQUIPMENT ENCLOSURE BUILOWG SHALL BE FURNISHED AND iNSTALLEO B� 1'ff THE OWNER UNDER SEPARATE CONTRACT PER THE OWNER AND MANUFACTURER SPECTICATIONS LOCALIZED AREAS OF SOFT OR LOOSE MATERIALS MAY BE _ EXCW NTERED AT THE PROPOSED BEARING ELEVATION C.CONCRETE NOTES m• �itM1tMOf-OIL THE SOILS MAY REQUIRE COMPACTION USING A PLATE 5000PSFBRGVIF COMPACTOR IN THE FOOTING TRENCH IF FIELD CONDITIONS 1 ALL CONCRETE WJRK SHALL CONFORM TO THE REQUIREMENTS OF ACI 310AN°Ad Mt EQUIPMENT INDICATE LOOSE GRAMMAR SOILS.THE SOILS TRAY LATEST EDITION THESE DOCUMENTS SHALL BE AVAILABLE IN THE FIELD OFFICE ENCLOSURE REWIRE REMOVAL AND REPLACEMENT W TH AN FOUNDATION PLAN APPROVED ENGINEEREDELL FOUNDATIONDEPT"AND SECTION 2EXCEPT WHEREOTHERMSE INDICATED.CONCRETE SHALLE8 NORMAL&EIGHTANDWTH LiF.e MaroEP OVERDIG REQUIREMENTS SHALL BE VERIFIED MATH THE MINIMUM 28-DAY COMPRESSIVE STRENGTHS OF F'-AM PS ALL EXTERIOR EXPOSED RECOMMENWTKINSOFTHEMOTECHNICALREFORTAND N S CONCRETE SHALL BE AIR ENTRAINED INCLUDEOO THE BID BEFORE CONSTRUCTI(NI THE EVALUATION M THE MMMOE ANQ SELECTION OF FRL D.REINFMONG BARS SMLL CONFORM TO ASTM AB15.GRADE W AL.L WELDED WIRE FAM �-� (;� MATERIALS SHALL BE NONROREDAND TESTED BYA SECTION C SHALLCONFORMTOASTMAISS. ,a( maog� QUALIFIED REPRESENTATIVE OF THE SOILS ENGINEER NTS co /Ow h J V � � U 0 Q N � goo �mmm I� iJgm mm�m e }� �, a - a 6w ���SWDDD —PROPOSEO,DO HIGH a F � FLAG FCriE 6 N r � . LOC.#193389 .X ' ^! �-°'; x, T L NORTH YORKVILLE ,�„�;qJ ”"Lea[.�' 1 "y�Ya�. � � • �. MIDGE FROM M EN OIDE 61 T BRIDGE FROM ENCLOSURE TO 225 W.WHEATON AVE ANTENNA TONER VORRVILLE,IL 60580 ip:•e�.• }� PROPOSED LESSEE EWIP MENiSKELT SNELTE0. `O.b'� a�t�n�y�m;+��• •�' PROPOSEDVI-LFENCE 1 8 _,•, n :a ;sl• IIEwsTING I,,iI I SITE ELEVATION Ir_� II— w[err+�un — ( SOUTHELEVATION ' ANT-1 --��OIIERw O 2- � W ALPHA ALPHA V 4 2 GREEN GREEN *sod Coto flldHdli CELL CELL m Antenna Mechanical RxIT%a RxIT[1 Sector Position Antenna Manufacturer Antenna Model CenEedine AAmuth Variable Tilt Tilt ACEL-RXTX0lfatTXI CSS CYL-X7CAPfi95-22.1 95 30 WA 1 m APCa-RXORXa a ALTS-RxTk2IRxTX3 a.000 Q ACEL-RXTkMTX3 _ SOCELL ETA BETA a��� A TE:�1 MTX1 LUE 4 i'mm B CEL-RXTkaattTxl CSS CYL-X7CAP-665424 95 160 NIA 2 F "nnn a BPCa+Ftt0/R0 41BLUE W� m�mm F BLTE-dTXttX3 F mRXttW TX3 m f _ BPCS.tt/Tkt :. BLTE-RXTXO ttTXI Q GCEL.RXTXO)ttTX1 CSS CYL-X7CAP-865.224 05 270 WA 1 GAMMA ��RE. gapes-wt9/1Xa - RED / 6U-E--� g GLTE-RxTx2/RXTX3 / aCEL-RxTkVRx X3 apCa-Ra1/IX1 CELL GLTE-RKWIRtTX1 RXIT1t0 K Dlpfexer Mmrufacturer Dlplaxer Model Count Top VIEW LOOI(ING AT ENTRY ; RF FD9Ra0D Bottom(shelter) PORT FROM INSIDE BHELTER 2 PREFFERED COAX 3COA%TAG ORENTATiON N*s x a Oupfexer Manufacturer Duplcxrr Model Court 0 SetKof Coax Manufacturer Type SIN Count m AI ha ANDREW AV; 1518- 2 0 Beta ANDREW AVA 15/8• 2 U Gamma ANDREW AVA Isla. 1 2 4 Sc LOC.#193389 E c4 CYL-)/CAP antennae noted above have"Ai ralarame at the and for INTERNAL DIPLEXERS option on the antenna Please order•i• C NORTH YORKVILLE CEL RxTxO/RnTx1 PPC CONNECTORS ONLY C 225 W.VMEATON AVE YORKVILLE,IL 60560 1 ANTENNASCHEOULE NTe C cce eoev PPC CONNECTORS ONLY] I-TENNA INFORMATIONI ANTENNA LINE/PUTFORM SCHEMATIC NTS ANT-2 Q h En 'w t NEW LUCENT GFE ANTENNA-�\ y Z 0.I1]A,LIISA 82 CONDUCTOR TO BONO y GPS PIPE MOUNTTD ICE BRIDGE POST -GPB INTENXA � m ROHN III MVEGIIIGE tmmm BRIDGE(DRIP STRUT)OR --a 0 APPROVED EQUAL i CUT TO FIT SEE G2 FOR DIMENSION _�I,FE x COMNEGfOR N�� FOR CABLE HUNGER G10LE IERMwnBx m�mm E-I ABLEREMENTS.SEE TABS 1NC n11CKNEOPRENE D 0 0 GASKET(PANT OF MOUKTI maa v_ NOMINALCA BLE CABLE TYPE CABLE WAVE CAM ~ SIZE NUMBER HANGER TYPE NUMBER ('• SCREWS.CAPTIVE I5TEEL MCUNTING(�TNE%DRIVER) O 1Baf 41 815;61 iA4 I FINISHED GRADE MACNINEDALumNw 5I PER DAD.GZ _LNG(K52N L115) _ (2) �I 1. (2)BAFIB%LC LONE LUP T.1N' 818 816 0 01 B28pBP10 1-SOLT-IN '_3 . DROIIVIERRET SCREWS ryIQ HE% b S ST b TAT B10B2TAm 015880 i.D� Cp1CRETE 40)GA VANIZED RO LE N PIPE (LENGTH AS REDUREDI (MINIMUM LENOTH In I � ICE DRIDGE.DETAIL �� N T B TYPICAL CAPS DETAIL g Z NTB m � 8 ' ANTENNA CABLE SURGE ERIPPRESBORERACID:T TO MGB INSIDE .,AWGBTRANDEO ((HIR ER INSTALLED GVERI - SHELTER'MTH W/PUSRC.MCJEET ANTENNA CONTRACTOR �OOUSLE-HOLELUGB LOC.#193389 INSULATOR 6 CEILING WNODT THE CHANNEL/UNISTRUT NORTH USE ORANGE C- -- INTOTNEHALO ANT CABLE 6URGESUPRESSER To LOIN n CABLE FOR EACH CABLE YOR KVI LLE ONMN,HANGER APTAFDA41 E n �O I,._HMGER APf.OFOM.4 OPS'NARGER AP66OFOM-OW O O o 225 W.WHEATON AVE USE BRDAN TWO NOLE.LONG 02AW6SnUNDED INSULATED YORK ILLE,ILBO580 BARRELLUGSTOUOIN02CABLE O O O COPPER CONDUCTOR FROM EA TO SURGE RACK SUPPRESSOR GKD BAR- ITVPICAL BOTH SIOEI CAOMELO TO DO-LEAD fDA%ANTENNA CABLE IF ENTRYPORTSURGE ARRESTOR RACK PROPOSED ENTRY- _ PANEL - 14STRO WALL CO0NSTRUCTION 7 00AWGSTRANDEDINSLRATED "ANTENNA CABLE in R COPPER CONDUCTOR BONOTO IUMPE ANTENNA NOS INSIDE SHELTER WTN MOUNTING DOUBLE HOLE LUGS DETAILS 6 SURGEARRESTOR RACK GROUNDING EANT-3 CL LINE OF FOORDATION m-I, O 'w L J 1r-11' 7— C67ff Qv Q Yom.. 0 BXTERNN.ORWNO FAULT g1PlEX \�` RECE EITBI'WP JB9 NOUSORIZFD A t'1t' 1'-0' OAMPER IYHOOD p ANTENM ENTRY PORT I v :€ `T 9TAHDBY GENERATOR BAAERYR Y 4 JPMOTORIZED d N MTT BATT K NNJJII.. —I DAMPE N NGR F mO� OD b NR FNHg1NIf1WG UMR O'er I� r.r .•r F-mm L BROILING BARn: VOT FLOORING EMERGENCY INNET ^ b 044 BOB BBA AOD BUBA I°oDGliv. KELF C OARD B10 FlF F S SHELF SHELF „' At,` 'l I'•P 2A' � T.P I i/f I T.T I /, NROONOIOONINGUMT iELtO 90M0 GAGUND BAR ° PANELBOARD WAlfTO „ TMNSFER � B a s 2I PORT WAV RIDE ,L CXTFRI00.LIGHT WTH R>1—� PHOTOCELL ODNORETESTOOPREFERTO FOR.101 Aft. NO E' GENERALCONTRACTORIS flE5PON9NE EGA, TAWNOALL EXTEMOR ATTACHMENTS EGA GENEMTOR 1X0005,MVFFLEII,VEM,FILL ETC.I ff Jd trJ DGORETYP) Wxm ATNW xoTES y 1)AIR CONDTIOWNG IS PROVIDED BY A BARD WAIL MOUNTED SELF-CONTNNED ENERGY EFFICIENT COOLING _ RAPID ROOF COA T SYSTEM,MODEL NMk--ABS-1,E TON.12N210 VOLT FLOOR PLAN-EQUIPMENT ENCLOSURE ao AM P,SINGLE PHASE,5TSBD BTLH COCLINGLAPACITV BYSTEMSYCONIOIN , 1020 BEER 21 DA FArv.29t10 CFM—N FILTER CONCRETESNW OA FM BOARD INBUTAOON �RHWOT AW��TLWH VEOCLTrnA (9MlET IgIA�SE NEAT STRW.,VJITHW&WO UNIT —SHEETROC - ]IP FRP Y ' TYPICAL ROOF SECTION VENTILATION SCHEDULE V BOOM PIIf1FOSE AR F/I ENRUrON REAURKS NANRFARL MECHARIGL LOC.#193389 ACTUAL OUIREL ACTUAL REQUIRED AGGREGA WRELE55 TELEPHONE GA253F OCFM OLFM ]BOO CFM IC- SEE NDTEI NORTH 1 IW EPS FCANI IN9ULATON EOUIPMENTENCLOSURE YORKVILLE t?SHEETROCK � (NOMINMGTEG) OM'FRPBOARO -- THISiNIS ENCLQSI LIRE )T INTENDED I?FURRING Sr RIPS I FOR NUMAN BITATION _� ®EA'OC(VERTICALI 225W WHEATON AVE r solo caxcRErE.-- -- NOTES: VORKVILLE,IL 80560 TH'LO'MEIHSUTATIW —� APED 1 EWIPMENT ENCLOSUREI9 MANUFACTURED BY FlBpEBd10 CORPOIiATIDN, ONL AVER TOACTIDAWLFIBREBONh OM MNG9 FGA FULLP�ROY�WENOD SIDE TYPICAL WALL SECTION E AN.EPSWO I'"S'UpTPpElp19 L.�TED TLO�HSUS�ATMA�MREEADOFM Ess �TIFWTIE BRACKET ZINCHE AT t PCF DEN9rtYOF S�OYRISOCVANUMTEiWAWEUTATION BEEN NWTON " TESTEOTOAMAXIMUMTNICNNESS OT]WCHESATI.BPCF ANDHW^AFlAA1E Pd V SPREAD OF tSANDA BMOI�PRODUC OF�B! KIXEO Bw M J INTERIOR PANELING IS LISTED TO HAVEAFLAMESPNEADOF ZWORLES. — GIIAOET ENCLOSURE WiE ve'TILE— A FIR T� A TNISENGLOBUREISCUSSIFlED ASUBE GIR B,TYPE SB CONSTRUCIIDN. PER 1888 SOG AMD IS IN._kqJAANNN�E WTH IOBD BBO0CCA&RLPNDCOOE 1898 IN TERMTIONAI MECHANIGL CODE,iro3!NELAND R.lIN019ASHflAE BO t CONCRETE BID B DENDLOAD TERIA EQU PARENT T WND LOAD•12B MPH WALLDEEADLOA-WEGIFASP FOAM BOARD INSUTATX]N— FLOONLNLOAD�riPpSFBF W='�AD�BD PSFA ENCLOSURE RODE DEAD LOAD.41— IG EXPOBURE_B.M PLAN&SECTION 8 E'•EOOD PSI aZB GAYS(EWIPMEMT ENILOSUR61 ---wEelxwaEn TYPICAL FLOOR SECTION SECTION A-A T S5EENECLOSURE AND ASSOCIATED EWIPMEHTIS AIONDEO BY OVMER UNDER HERERN 1$5E CPFWID FORREFEpENCE�IL�YµO STAN FROIAINOIGATED Z TRANSVERSE SECTION HMNUMCTURER'S AVANUBIE DATA REFEp TO CCJJNNLL SrpUCTURALAND 6�1 N T S ELECTROAL OMWNGS FOR NORK TO BE PERFDRMEG UNDER THISCONTMCi 11'-1P Q � i.! t ANTENNA ENTRY PORT DRIP STgN 'p Q L W W w b Q c 3 EL 1-)Ad — -- � GENERATOR MUFFLER T t MRPHO W TOOCELL � AIR CONDITIONING UNIT I E%TERIOR DODR E [171TI TL •� PU 1 I I ANTENFU GROUND ® —LOON OUMO 1 I YARE$IMRAR Fpt A INTAKE HpDD _ I 1 ENTRY PPO BEN • G II-EERVIOE ENTRANCE �Id�all b + INTAKE HOLD 1 i „ E 0 8 5 =JPrn I 1 DEAD FKK.T - 1 H ODOR SHEEP d O a n coNCREre mw _ m'rcmm ��II II II b• EL(•)Od— IoaLLID /p T/FOUNDATION _ -� - _ 6 11 II <V ELEVATION IsI a-O' r•--•III II II 11 II II II I —TIE 9RALI(Ef(ttPl I II n 11 II I it II II II II _ I111 HORILONTALLAPSIOING Iw Vill II I II 1ND pEDTRIGL /.T}'�I MANUFACTURER)lALpl— - U U U U U MATCHEKISTINGSIIILO4IG PENETR�TNN1 U 6EE CMLDRA'MNGG 1'.P 1'-1' MRES SEE I 1P.ff RUILDINGGROUND N1gE' ff I P P,! t1ECrgKAI.D]ANINGS I 11.1• - SEEELECTFICALDRAVANGS T-T.3N- mca WNro OROUrA rnRE' a S ff,ff SEE flECl1EDN DMNINGS B'd NORTH ELEVATION-EQUIPMENT ENCLOSURE SCALE trrwld _WEST ELEVATION-EQUIPMENT ENCLOSURE C EGALE.ip'.1d " o ]P-! ANTENNA ENIRV PORT , iT 1'• veNr uNE rr• zs zz b ANTENNA ENTRY PpR EL 0I Pd T - H I a I• N CONCRETE TRIM I I VENT LINE L ' • • ' LOC.#193389 { 1 1 ENHAUSTIIDOD ® UI,I �� I /—HORIZONTAL l—REIPSIDIONTO i i :®: i :�: NORTH 1 / fM TCHExSTNGBUILDING° 0 I I YORKVILLE 225W WHEATON AVE. n I I YORKVILLE,IL W560 rr n I I n W i�FOUNOA.TI0NM1•IP4 — - �1--- --- _ - - ASfCONDrtIONINGUNIT II 11 °S�ELEVATION(t)D0" � ~�II •t �1� —����r --~�r 11 � 11 N u D I II u n �GRADE/ 11 u D ll II $EE GIVIlOMM1NG9 T-T _ f I —__-- IDd _ NG GROLIN TYPI ERS C SEE ELECTRICAL pMYKNG3 6 Rf. E EQUIPMENT ENCLOSURE ELEVATIONS 3 SOUTH ELEVATION-EQUIPMENT ENCLOSURE EAST ELEVATION-EQUIPMENT ENCLOSURE SCALE tI]'=t'.0' 4 $l..•L�V7"=�'P B-2 CERTAINTEED XT 30 CLASS A FIBERGLASS co BASED ASPHALT SHINGLES NTH UL WIND O W RESISTANCE RATING,A 30 YEAR WARRANTY AND A 70 MPH 15 YEAR WIND WARRANTY. COLOR TO MATCH EXISTING BUILDING N 3'•0'WIDE CONTINUOUS ICE AND WATER SHIELD �•�I'w Z WOOD ROOF TRUSSES AT 24'O.C.•— AT EAVES AND RAKES:ASTM DIAB;FIBERGLASS `_+ SHINGLE OVER ROOF VENT AT RIDGE• SLOPE TRUSS BOTTOM TO MATCH REINFORCED APPROVED HCLASS MEMBRANE O RIDGE FILTER SHINGLE VENT/AIR VENT, ROOF SLOPE OF PREFAB ENCLOSURE ULAPPROVED FOR USE N1TH CLASS A, Q N INC.-PROVIDE REQUIRED SPLICE PLATES \'w NOTE:ALL PREFINISHED ALUMINUM TO BE AND END CAPS. 30#NONPERFOMTED ASPHALT FIBERGLASS ASPHALT SHINGLES FINISHED WITH A FLUOROPOLYMER 2-COAT 0.032•THICK PREFINISHED ALUMINUM FELT•WEATHER LAP ALL EDGES SIB•APA RATED CDX PLYWOOD ROOF /, > THERMOCURED COATING SYSTEM CONTAINING GRIP EDGE WI7H NMITE FINISH TO AND ENDS B AND STAGGER ALL SHEATHING v c NOT LESS THAN 70%POLYVINYL FLUORIDE MATCH EXISTING BUILDING ND LAPS SIMPSON Hl SEISMIC AND HURRICANE RESIN BY WEIGHT COMPLYING WITH AAMA 605.2 TIE4)ONM ON EACH END OF EACH TRUSS- FASTEN TO BUILDING NTH TAPCON ,I SCREWS F m 0.032'THICK PREFINISHED ALUMINUM DRIP ooe 0.032'THICK FULLY VENTED PREFINISHED EDGE WITH WHITE FINISH TO MATCH iD ALUMINIUM SOFFIT PANELS WITH MITE EXISTING BUILDING a�1 FINISH TO MATCH EXISTING BUILDING AND IM'ALUMINUM HARDWARE CLOTH GUTTER MATCHING J TRIM-PAC-CLAD#PAC-750 SCREENSINSTALLED IN ALUMINUM SHEET WRAP FACIA VNTH 0.032•THICK METAL FRAMES mp m m PREFINISHED ALUMINUM WITH 3'W X 33/0'D.X 0.032"THICK PREFINSHED 0. WHITE FINISH TO MATCH EXISTING ALUMINUM OGEE GUTTER WITH NMITE ,GP 6.8 BUILDING FINISH TO MATCH EXISTING BUILDING,3/TB' X I'STRAPS AT 33'O.C.AND BACK I' \ / HIGHER THAN FROM' 0.032"PREFINISHED ALUMINUM WRAP FACIA WITH 0.032"THICK II' FLASHING FINISH TO BE V7NffE FINISH PREFINISHED ALUMINUMWMTH TO MATCH EXISTING BUILDING T-3� EXITEFINISLDING CH EXISTING BUILDING SONOLASTIC NPI a S POLYURETHANE SEALANT- - - TYPICAL AT ALL EDGES NOTE PROVIDE SHINGLE OVER ROOF VENT AT RIDGE•RIDGE FILTER SHINGLE VENT/AIR VENT. INC.-PROVIDE REQUIRED SPLICE PLATES AND END CAPS. HORIZONTAL LAP SIDING NOTE'ALL PREFINISHED ALUMINUM TO BE W BY MANUFACTURER FINISHED WITH A FLUOROPOLYMER 2-COAT w THERMOCURED COATING SYSTEM CONTAINING g NOT LESS THAN 70%POLYVINYL FLUROIDE HORIZONTAL LAP SIDING RESIN BY WEIGHT COMPLYING WITH AAMA SD5.2 BY MANUFACTURER ?f �� I LOC.#193389 NORTH YORKVILLE 225W WHEATON AVE. YORKVILLE.IL50560 ITI NOTE: SHE SECTION ALL SIDING AND ROOFING TO MATCH EXISTING J BUILDINGAlSMTE.CONTRACTOR TO SUPPLY SAMPLE TO BE APPROVED BY LANDOWNER AND vicer°"Am^ LESSEE SECTION B-B SECTION CC SCALE 1'•1'-0' SCALE 1'•1'V SURVEYOR'S NOTE LEGAL DESCRIPTION NORTH YORKVILLE h:AF1E CO. ra PMEM APCCL BCUN OF Oe5 mllpn n IXO�,LOQ9.UIIIIR EAAFIIQ)li _ __ CHICAGO ILLK1RAlE0 FROM RECORD rDRU,LneN Ara n APPeonwTC °.ra'�nwe.,/<w<„wsPw,Prp u<l Pw1 n1 L91 Is IA 02.61 ° n F:ENDALL M '. PE .POOMN{CN 3110V[V Fm TNS MAP WAR �e s.,F,,,C,.1.r Un11 2.a.Af bbrl el Pe, °I lM.",/J el LOC. #193389 ' I SMSA PElfiab[0 m ADD`ST L 2010. k��o^,•ap 1 p Rrr E..a1. NO,ro D<1RE0 Al apN3Tfil,0npll p4Awcs. a x';D a^^a"Eer w IM I, h ;d� .X.r„ef Del„I.„r,:., LEGAL DESCRIPTION m<e,w p D r:~q„.eo r el.pB Lp 1E:q„«:e In SITE limited partnership ELEVATION DATUM 6Y1.'.- ,.,JRA 1 w 9 w xa naf N l_,I_reYN.el XX ar ILS au I AE EIENArons ARE BASLD ON NAw m oATw. Avwe(eD.m<),Io°,m<na r„1FP�n9 e•.p,9M rpnl-el_,ef IM 2e2o] .I wl.I E.1,e M rr•,a.p.r.M„c..lw IA,u L e.,urm,,..w,,1,wl el q.w..l '�•°I_M�' dA�a VERIZON WIRELESS I.rl 0 e 560.00 rotlua cwre IP IM lerl,tlr 9pr0 el,Nbr pwF 1/2 b S01bn tp wrtl pr1 01 U.Ee,l i/]e1 Secllen I].dl F leur,nb]>Nrq.Rarer CONTq,R3 AIL 1U1301AR0 AT 10'INIFRVNS }or1A 71'b o2'M,I 15961 r<eT IpaN.conlnr.ir9 tlwrq rei6 >Ee„el ON fivtl Prncpal NnM.wE NrlMtll Coun1Y.1RF0,.ee,wTeV e, ;>pnl-el-.eY IFe 5eu1h 61's<'21•Mr.l 2129)MI:grNr cen1MUF9 pmq cNp al OLp 50IlNO.t corner 01 061 l01 16:U1„[e SwiN 6)']a]5'6M1 161 v'•� B1191)ELLV.611.9,• a rlgnl-o1_xeT Ine 219.68 leel 0 e.6605 tool r{{A11<p„t0 1N< M tlap rnr uwlAen fim EDT AT 30111NRESIOILY GORIER of CaNaLIE ,. a tlwre o1,Ayr pw.S J.'. -1 a]61 I.<I:ln.le. r r,9.1-°r_wer I..a rn.elen NORTH YORKVILLE ORM 10 ATUXML u e10p.O4 rl9nl-el-weY IFe 2620]U 1 0°]10,00 101 wtllu,eurre le q1 cell,iM 61RpMG:M1VSX WRH DIWL b]l2lY 51.1 169.93 t„1 la a„Ina 1np N IO.m 1p1 NwU Nab d MICN pap,6„tN Jt'Jb'D2 SrOI 255.8,1eND LMMI<onXnuu9 along aelo etl]'I J•Epl 0.,m 1M sewpw<M vtrr 10111,q9'._.tn r,pn'-or-1,°YIM 5eu1n.81r�2� SIS.{>Lee,; 11Nr wrtnrum9 elm9,wb �^^. �^"e9 FLOOD PLAIN INFORMATION on5'zfi•w.a a„lm m rHE PueE a aeo6NNC ,Iq.l.u.e�r..e,1 W iJJ 61E HAVE CW6ULT(9 INE FEDERAL EMERGENCY MANACCMENt AGENCY OEBCRIPTON.Ilrmc<Mwllr 8990'32'E.11]ap0 101;U„cr 4auq kn pwr Sau,h)4'35',9'wa,l 21J.81 lr<t;1Mrwr SwM 8J']21>' NAOONAL FLOOD oNSURAN C MAP AS PREPARED FOR N DAIS COUNTY. 005926'[^al 1J.00 I.II:IAOtt 5'vlq M90]3'S1r1 1.50 Ipl;IM,ur •veFl tMl b 1D..H<1 Nrg.1 2-11 E01 Iran U,—IF-1 a✓na el Eel I.; a�irr', s'��.'.,,ru1 RA1ED ARIAS COMMVNITY 1-1 NL.RIR I7o]17 00.11 e,u 00'59'28'(e.l 11.>6 reel b U,npq rpnC eI"„p be d M01m 1N0<r Rer4 OO'39'2e'Mn1 10.Ip I„I le 111[PLACE Of BEUNMNC OF M3 Of60MnON. �..:,.I r„�,^ C DATED FEBRUMY<,2009,AND f;ND,HAT ME PN IT 511[n iu 2mC x, A,aWr q0„Swq 81.11]5”W.w 1100 1<el olmp yd Hd. wo Darn uwLh 0p3pYB•w..l]S.m MA 1Nrrp urq 69'00'3]'[°H 10.00 I„E qrN. 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DESA]EIP9m CAIE BuR1N65 MC 6q[O ON 1RUE IIORT b OE>ERU FED pr HARN EN ON "R P RErE LNee NER,9RA)NAP-](L..9{) I I I -—'—'—,—' AND RESTRICTIONS I ' +" 0 r�[N F-ED BY MG .- INS AvC''D`PA1rc C Or 1101 0005150 ,M.P1EDno w.zp,20,D Ll I PARCEL/G2-T/-276-007 e_raAa rnr G_ usEMelrs, overAxrs.coN AF NES„kn uz iw.�`ia[iuTrtln I UHTED CITY CF THE Of-EY.AFTE-O T1IE PA90YT'P}RC¢,AOER-scx(ouLE e'. 1 �' � I VILLAGE OF VDRRVLLE .Alm Iw.n.1,.9p I-°° .l ©- Williams&Works I t.ORANGE NN xT[MTOx fAgYENr AIA MALEY[M OAl[p AIG)]T to f I I .. A61:0E 6 Y®111ra1L �'_�p �- �••.••^•• --+T.r.G 1993 AA,p II[fo6o[D SEPI(MBFA L 1983 AS ODCUYDIT 9307158 149E b _ , INIAIED IAA10 APfTEMIIDN NMO L P.AMO 1TCSlLY PROIERIT COp. LOS S 1D' IQ�IRM(l1 10'PU0L1C viM111Y k �'- y uA DRUV GE EASEGENI(PER PrAn _ Nf[C13 LMT O<NR019IID Let 1 M M--0,_—ON I DOCUMENT NO 20000]012408 NO -' I'_ An NAe¢C '^m"'A"rrr ounrw u..ar DO -93D)151.(OOCS T AFT—­OT PROPETV) I .wl¢•� #- :�. y.{A T3.G9CAIfE11 OF IAm OF TNC C01010NSCp.M(pShc COYIANY A10 __- I C(• •. I LCHGINOE I 2Y 10.91 p S wS •_ ,u wll -[U211C uMnl[ NLRO[M.VO as/nwR IISIECTM suCCE5406s N+o As5c113,ro W61AlL OPFl4R nND YA111T10E ALL EOUPMEM NFC6SMY TOR TM . : ,` , PROPOlm 100 R(�iQ[ ^ •$ J XD1F1101hF P LS 2966 PUp.t OT OF SEnVLYO ra EO ANO AND PROPERTY,,00[1X01 Srtx ra , E 1 I SITE un awn uwu `• - . TI RIENT D —1 1a SAD EGRA TFFE AND 7/F PNOASIm3 RCUNNG .:. I r _ 8 , NM41m AKXU[ LOT I .01 SB/11 -xAIRe 46{1 v RANDY rap(-6 coTAED n RAHrECOROCO/FHEP N oaa•EM xo Ar.mwv a.e 9•uoel cuuENT roa M CCTCD ! 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[ T ypar�°• WHEATON AVENUE 9 1, (BTWMOU6xR6L1C)(60',IIOC) LOCATION NUMBER I 11-se9ms'Tr]am• -=II.MSBdiEYSi3f'-�I_-., mme,,,,m — � � ,Ran°ner„n r,a[orvtti n`pY`rr4Y qp IM Jr0+.,9 LOG.M IMEB . I ,11!,11:;11))!!!,%,., Perfermea°1 atl rma p„eunie110 el a.r..1Y I - 19'a°99 9�o�I I x'R•] CbA>I I jI I l I'_p....,..,... I Ii1 1 b�,I^6L-"S�O'_°0.I ' ra x v r '' \�-c,' :•1A i L I fLGA O _ rnaw y,<Men.e„ew. .I4 IN,4 n M a-I 6q`AF 5 2 a p ro M Au pp1.l, . s0.AOD RES > 0), � � N A7ON AVE J0 KOLEHO�E Y16LE,L(,) Rp61 tl ' BOS00 LEGAL DESCRIPTIO« o LO 15 w—ILE 9'ENTER-12 A .0. LOT 1 .�"?R;P:S ic m, sST�nTLE I 2 T 1r zlcnp 6 p l 1 a T1 1-11/1a 17• TO—n—RAN EAST OF f I 0. PI Na I I_ I r fl6nAN x[OALL COUVtt,HUN 5 J ;= I _— — - ao9• P 1 L07 1(96111[1 la � GENERAL NOTES' ELECTRICAL CONTRACTOR ENCLOBUREMANUFACRIRER O a y ACCpwAxrwepuwPAe caOaPM[Nr ile PRPmIOxa EIECTRMAI CONTMCTOR SHALL MARE UL W iNUloNaer THE FiEemx,LComxeTpr.p HL ueOn.wArFMUa O.C�,,, � /�tAEWwR:NTM DR pe � C� COIFLgiEN f`� HI aq.(t)UU(B.(E 0)NO E51 carp[ROrIM ELxLt PROPOSED FENCE-REFER HA aElMRE0 TONE F0.LOtMVO WEpRNOT INi VVS ALLT(BV EL')NO SENpSOR N xwa,paTAluMw,ANp COWIECnDVKAdOpgeq ELFCTPWE PROPOSED LB BOX ELBON5 ALLOWED I CONDUIT Q C aY81EMC PFIEIELLTMAMIIpIMAIOBFfAA)MrORpPrOPpeuA.w BY ELECTRICAL CONTRACTOR y Z HipIdH00Nr11R1ICAlNNeiOMERAx0e0NECmEron RANA THYN ORWNO SUPPLY AND INSTALL BY v O eTRxML paTRAArtxwEWPMDB EXISTING TELEPHONE PEDESTAL, FROM GRWNONEUTML ELECTRICAL tOW.1MZ4WPANELBMXD a N PRONB[p A1EMaiAwTbLOF ANOLERIF.N ELECrwcLL eERVxB' BOND TO SERVICE eut,RIULEEINI�,�ALLAaaWw,FaY.EAn ;U, N9rr�ELNTEA� =y 7PRA'M6ENNiW�OpE�UITN41 dKtlanFUL LOCAL ENTRANCE ID GROUND ROD q F,rprp�geq EC.TO PROVIDE SPOOL OF > r REFMNBIpoAND--LATMNOFrIEE REALeEnAEENNR E AOOITIONALOONDUOTORSAT PRROFESEDELECTRDNETER v l� 01AArlXiDCONeuie,Aa:iER gLxEi,AM]CONRECrIpq TOTnE lRVCE TRANSFORMER FOR FINAL OWER COMPANY rCLLmJIR CONNECTION BY HTAER COMPANY _ PROPOSED METER SOCK ET r -� KMd R'IAn 1NREE NdIn OLLrrETP FLE WmlJrte 9CNEp.RE E ANO—A MAIN BREAKER BV LG Wrul�lCNplCpOefi LEFrvAiN NredwLL WapFdFUngEIAE ELECTRICAL CONTRACTOR j exTEtnuLriLOUxoR.O�re eFCxFELwOWRCaWUrtIALCxatpgw0 WTUNE OF ENCLOSURE PAD MOUNT— (2)CELLPAN ENCLOSURES 'l TRANSFORMER FOR TELCO ON NEW LESSEE L---L ;m�� FRAME All REawn D+aA waLCTxwa ANOAwadKaaMal! GRADE Y 1Tx17x B'ME,ATHERPROOF PULL 0.'VOJ� "RALLI SOK FOR rELEPNONE FACILITY I_ oBS�vuµF.RFOaMaMCe cry srp s CONWIT SUPPUEO WTH q�n aw oFA EQUIPMENT ENCLOSURE 5Fa EsiISBULE �aF�aiWaCaBITL� NEC XAilYMt weIRC WOEA r PROPOSED TELEPMW E SERVICEN 3'DMALETER bLL 61� ePE IMEOFFlEt1RY AXOEIFCTRWCe ENR�EERe SCHEDULE AO PVC PIPE MUAMUN ITSEIDW AiIERUNeauiTr wgTEBrNONr,TERwLa ix Ex'xttl LONG CU GRADE(STEEL STUBUP SEESHEET E%WTH TbNAL ELECrRULUMxFAeilpEnxaEWMrgN (3)4N IN 3'DIA.SCR,40 PVC II GRWNORWAT ELECTRIW,CONTRACTOR SHALL PFIOVIMORE FULLLENGLH%RLROPE SUPPLY ANO NS TALL MFPA RAi FpE pgOjFCridN4s0�i,nd CONDUIT FROM TMNSFORMER u SERVCE ENTMNCE (1,ADDITg1UL3 dNdETERSCHEWLEM—CONDUIT, -ELECTRICALCONTRAOTOR RUCTRN:ALCONI-1OR BELOW GRADE ISTEFL STUGUP,SEE SHEET[ SHALLCOORDMTEWTH LOCALT6LEPNONEC0IAPANY ' TO METER PEDESTAL WRN FUILLENOTH PULLROPE FOR FUNRE FIBER OPNC FOR TELEPHONE FAGLNY NSTALLAM%! TEIEPIM)NE CABLE STUBCONWrtUPABOVE FNISNGIIADE ���►►► T UHIESSNm[O PROPOSED(31aM UNOERGROUNO�(1)A2 GD CAPAND SEAL WATERTIGHT SECONDARY EEIECTRICSERVICE IN T s omERx+sE SWPE EO nLL VnRI oslvuL eE Caar[ala roF COMET RSCHEWLE40PYC,4 BELOW CONTpA TOR SHALL SU""I'M PgICE OF TXE BIO a E .su.EDIN ACC c Ix, rR N nd EIECTR GRADE ELECTRICAL WNIIUCTOR TO cc EE S �?oliAy[.EN L,?a C AR Esso%RWISE NOiEO OZL la Bwnrs PRWIDECONWRANO CONDUCTORS THET OF TNOCLIMOBLS B.-OfELCO PERMIT PURpR TD BIALDNG PERMT ELECTRICAL SERVICE 200 AMP 120/240V SINGLE PHASE 3 WIRE Puaw OEBa59 WpsO ro trMgM M VT8 AhjrUMK ETC) ww`('O)"W"'BFW' FLL��s M RETURN TO COMPLETE GENERAL ELECTRICAL CONSTRUCTION ­10M "LCTL �,F BBFTBE ELECTRICAL DIAGRAM Saga aid.EaN NEN —1-1 GR(ANDW 11 " _. WE� �:oµFDR:pM�BA�—iA�a onFRa EIECrip'L CONIMCTALnWI.FEILVFT6YEIVCTL DIR BA•r EaE bN ELYaLT�LEEx.I xn W cA rENEaPpwUEimgNAAWnxFOA sLNu Bd8i.E e Bp0OouNRppOFD NA AeATT I ANOaM IOrLaMA•aNrFEo OENMO W nFsMr YaAArRgMrwllwdpnL a(d gnFsd axaO LaNFcOWAx nEwONxaM.ap aTx e 1 ELECTRICAL CONTRACTOR SHALL PROVIDE ONE(l) I I I y A wm ADDT0NAL70NMETER SHEWLE 40 PVC CONDUIT,4T LL g I Y FIGwR T ANYrUdINA:R E0P 0 Wra emOwCLGlNCrraR.OELrae.E T OEaFYrL aFpRa�EFda P laurtTre E w U BELOW GRADE WITH FULL LENGTH RJL FOR ALL A II e—b­ TELEPHONE CABLE.sTu CONDUIT =­W0THV­ME C­ ABOVE FINISH GRADE;CAP AND SEAL WATERTIGHT r veiMo eoxra a m*vnE nLL AaetuATeO eoulrMNEr w AauLOVAr:mIH ls TIAFFpvwE OwaRAlnAxoAe nawEOFdAWIMIFTF IMFRATwO u warMUTxw GECrRDIi cONmAemIpP 1LVFAMYANOWMpxATE PROPOSED I� Eed TR�t�rE�MTC��nOWLdExl elRlnoIEClm�FN�w ro (3I R4�0�(11 N2 GO IN SCHEDULE 40 PVC CONDUIT FROM METER TO SHELTER,4D'}TO PROVIDE L CONDUIT ELECTRICAL � Tra" iapmpArE WrPLert ELecIprAAemrce CONTRACTOR IR DBY PO CONDUITAND PULL LOGLUrLmcaFANr FdA WLRErE dEMllan w'ErEM rn.VIONO ROPE AS REQUIRED BY POWER COMPANY RAr6FUgLE31 COHNECTpM.eON'irDE—ORNEII .F.DDIINe—R , -- I OOfJtTA FRMAn UIRD ID YMYREOIM[L1eNrl.lECdDwreEM/It'.aTO I YRwTarIERLLM'/lE0 r�ELEFgld r06110NOraq BOTO N0.IMEHLIAaOAAM)WTBiWa a Ed01181 aryncCIRNN.CONRVCid mWANUOdpTNa aPAlp WiIOrML dE%CEn i I RWIATIE0.®CYP J NFRaEeAeaxlATEVVmmFaowNO MecrarxaERVxa[FRdLDCn EXISTING TRANSFORMER Ula COMPMN'VERFYaFWIEaOfMATOM0.LDEALL— _ LC RAT I LOC.#193389 Lo Wpb WTEVATNAVM 11—TD—TmdLOCV,uTI-111 aNV 13)4101N 3'DIA SCH.40 PVC CONDUIT FOM AutapwwrOrmoaFRGYDEO er rxE PwiErim TELEPgpEmam WwpAes tRANSEORMER TO METER PEDESTAL,4B} „MiaE�wD Ha MpEaERRMaRpwDRED NORTH UTILITY CONTACTS 3'DIA SCH 40 PVC TELCO CONDUIT FROM NAFA rEIEFIgIE TELCO PED TO LESSEE 30x30 TELCO BOX I YORKVI LLE �o WW ce YERap I i EXISTING TELCO PEDESTAL r SECTNCxI GOMRAOrORHw4l OOdnaxiE _cpRPFMTxX1.WOWM.EGrXJx I 'T' 225 W.WHEATON AVE. —RCDwANV Fd ENrRr pro ELEeiNA:ANOTeLFROE PROPOSED TELEPHONE SERVICE IN 3'DIAMETER I I YORKVILLE,ILS0560 Aa AEV UTKER wnwoAFCrm aERVICE CCOHnNATEwm+ SCHEDULE 40 PVC PIPE 4S3 COOUR,MIMMUM ASIAVELOCxEDpWNAT iNE FEIIee FMTEd ELECRRCNA PNOIE WLww1Y GxpaAIANOLFAVwGACONeHArxxl 42'BEIO ANO LENGTH PULL ROPE SUPPLIED AND INSTALLED BY ELECTRICAL CONTRACTOR.ELECTRICAL CONTRACT N OR SIVLLL -- COOOATE WITH TELEPHONE COMPANY -— FOR TELEPHONE FACILTFY INSTALLATIO I - PROPOSED UTILITY HfRAME— I �-- I ., . i I rpuecrr MIN.24'BEND RADIUS ON ALL CONDUIT- UTILITY ROUTING PLAN v . , GENERAL NOTES: cvounoiNO Fcigor�F r,� / txlNECrwNS SwnaMNOq Ai�c�,leLe i� va?ePOCES,eic] E ES O Z W ER SED lMares,+ElpNO.METI 1p�pES.ETC I SHpt eE BE—E.—PROCEES OR x[c oDNS'.-' 4EDSWACntE9 «sECFA EO Z ORWND WNWL*oP 2 4LExoirlFgMF ppNN rnagCVGIdr 4ND COl WHUrz sHEmwx-wau�us wiv'r[n«il ElvuNr esovn loR COwuaq snElzvnv. � T Q N VquANa RtvLKeM1CF PLMeMMIeAet,ICR EOwLI � � ]All ELECiq¢utNGCw.Nif�I 6q,]pND wNHFC foNS Snµ, _ j HAVE M]i10.T9N1I C0MFWNDAPRIEO IOCaE1EDR011 - ��_______�_�_�_ __�_�_�_—----_ rinw LEGEND �1 e _ imo F.—DER s"e°,oio,_anD e J' L(�•\ ] �__� \ • ® _ pPPERC ill ',/�.\ly �." I �ARATIEULCV[ n ' _ V I RWNI IM'�OOFfIRMN DO, o '___'__ u,A�oiosa` G�q—cpP—PEawNE� �' .L � ' %�' Illlll��� I TaATIEaRnK/]4 �§ Po ___u_. LPDEROROIRCaEOTKG]L 1 _� I .',io 9 _ _pT___ uoFllalgNO tLLPWME 1 11 I ___P___ "NERCRW 1 I - �o CvEgHPAO TFLEPVCRE sERMCE \\` I M1 4 0 1 hORaIImElFNCCPOeTewLxNarteT CF axa0BA2 AtA1MhETOF Ta4AAa \ 1 I I ��� ED ON pRpNlge ORPINO PACH QAR PODAND Ca1xFRP0ei CIIMlO ; I I C�nnA iOFEM:G PoCTa 6NN LEMME 6YTE FIDMFPMCPNOCEee ,___ i II' ALLLb rtM1MWRAClDEIta RFrnb41KMROXe AMO MTFAREi ALL `\ OIND CGWEClDIBFDR INEORODq L#DFVeIEMDW1EIwF BViHE �,� _` /' EAxDEUIM1ae ee.ANOIIaTAIL®PE M.wIFAC1MRLRe RETA4LgiallOHe I - —__ ,.svmiCHlHEV Vnr,REDUwE AND SnuLiNCwOE rnT<osrn I I 1 ] � TEST ssHUIgE TD EE.E RECUwED ev vEgVaN SrA n ]WIIRAOT�aL eMMINRMi T1RmIDmp REe]iAMCE IFSTRFxMTS� I I I i qWi aNS I,ICOPVTOCW4R RERTUExiAiNE I �CIN IIICOP✓TOEXd2ER I GLEHILUFY TONEEPRN9F EOLAPNExi EAKAOeURE I I � j � ' TYPICAL�YED GROUNDING NO� j iYYY g 1 (TVPIGI)MI�NWIMI2�EIIdNG MpCV9TOR ATEELWICRADE ] ENCLOSURE G11WN0(TYP)IN I?MAMETER SCNEOULEwPVC CONDUIT &j9REEODU1�EN T EMNCLOSUREXVACNRN MECHANIGLCWAP RANG TNND 60LI0 COPPER—LICTORNTTHMECHANIGLCLAMPTO 1 HOOD iSEEDETAILSHEET62) I 1 12 AMT.TNNO SOLD COPPER CONDUCTOR RUN FROM HOOD TOMUFFLEL 1ol 3 NITHPIPECLAMPGROUNDISEEDEFA0.SNEEfET I 1 ( �-��1� 0 JUMPER TO VENT WITH PIPE CLAMP GROUND I n ANG TNND SOLO COPPER CONDUCTOR RUN TO FRIER 4N1/1 GHWND ^ (SEE DETAIL SHEET Ea7 1 L,MAINTAIN TNG FOOT DISTANCE CFF OF STRUCTURES 1 I I 1 a GROUNOTELEPHONESERWCEENTRANCE(SEEOEEALS MTE-3) I ELECTRIC METER AND ELECTRIC SERVICE GROUNDING(SEE DETAIL I 1 ��� LOC.#193389 SHEET E-2L COORDINATE ALTTERNATE WRH PIA GRDJNDCOAJ ANTENNAGBIESTOGROUNORMl9TANTEINA - CONTRACTORTERMINATE LId1TNNG SURGEAgRESTMS C N T EA C FH R COPMEEE E GNCUNRD E ANDINGTALL �. NORTH ®LXOT FRMICALLYV ELD COPPER GROUND BAR TAA.TOEIDERDH I L� -{ YORKVILLE HALO N RING THER MICCONNECT ION ANTEPOCONTRACTOR FlNCONNECTON RELECTRI NAL CONTRACTOR I i ( 'X30`1 TNNDINSUUTED COPPER OROUHD RA,NON KKKATED M.100' IONGQ AWO TNND SOLID COPPER WIRENELID DTMLS 1 I (HAROEFi 6BIT 1w20VNT 41 I J 1 2R VJHFJ TIL ON 560 MORKVEA AV YO GROUND CABLE WAVEGUIOE BRIDGE ITMPI BVElEC1RIGLCONTFiACTOii i� -J I 1 1 I I IL I 1']2D%VI'TNND INSULATED COPPER GROUND BAR N.WSOLATEG,WRH I 4 \ l0CUONGe2AMATTNNDSDLIO COPPER NARE`AELOED TAILB(HARGER T 1 11 \\\\s ---�----------- GBIT 1,14—M GROUNDANTEN] GBLESTOGROUNDBWATANTENNAELEVATIONW \\GROUND RING J BOND PROPOSE >' �\ TOWER GROUNDSASEGRWNDRARTOGROUNDHALO \\ \\\`y���P Lvpt D TDWER TO PROPOSED TOWER KITH TNND �` 'A :HLettOer_ TAI SOLID COPPER CONDUCTOR W1 LOCATIONS - -METE RX W-0 LOIJOCOPPERCLADGAOUND ROODL\RGER-WHN f'V`Ngpipy qt^ T ISEE DETAIL SHEET E-3U WITH EAOTHERMG LONNECTILY]GROUND CHAIN UNK FENCE(TYPICAL)EKOTHERNIC CONNECTION(1PE-1 ? SITE GRADING PLAN T-(,SEE DE AIL SHEITHIN BF[ET OF ENCLOSURE MID 2'J EEEi OE OR N(SEEDETAILSHEET E�3)GTEJUNPERSISEECETMLSHEETE.3) BOND PROPOSED TONER GROUND RING TO PILOPOSEDGROUNO RINGNITH _ R AM TNND SOLID COPPER CONDDCTOR IN 2 LOCATIONS I \ aHEfiNWeA BONA TELCO JUNCTON BOKANO METER SOCKET ENCLOSURE Tp GUIOIIND R00 AND EQUIPMENT GROUND RING(SEE DEIAiL SHEET E]U. „��- SITE GROUNDING PLAN �_�— I' TIAO$2 THE EGATO DOUBLE LOOTED IX THE SEE G ROUND!NG DETAI LS ON SH EET E-3 SHELTER GDWEID AT EGP AND DOUBLE HaE LUGS IX SHELTER I_ o a � ,5 tW MelALL41gOE NBAEHTOBB cBxalECrw IieewoEM4Fe �F�uEwa¢m'me ITT,n iL�inrr°aP08f ,w°�r 1M0f�alTOxiaTwEP olnP<cron�'�mK= —amWEwewoaul� �y � W E°11rci�rnniE°m°EE cdrBncrd anm°nOQCTOn""� � � • MCNCI•LE C�E� '` vH`2 BBf NIXEM OAEB �cCjll PrwPlrrvac�nslc , r v W B.,PrEwu BBN,P.BTd , ,., .E ._.daaF4 e » EdT °°'°"°m�B�pNO axEr aBV.N,cr« PCidl .wrE iUCOINECT bII irvcic,rl µo IoPMML EE�ETM¢tM ItET� - � olr � •�A�,rvE,EPBA LoBUaE ¢I � POrtTEXi pBMETEB%ICY � MMVF4rIOE®IIOOE6UPPMT CCPfEF L1.100ryROI�MOROO wPE -- Olauf.I[B CNVnx� _ p p Y�tTl04IIIVOIAIEO By WIEMNBCONIPICTEII OBAPFPOJFL EpE4 S tIE�iNCN�MCE�nwr � =��Ym C IECmdBlixC d�CUMBerrt�lec¢CBTn4iwa mFCll a ¢TVwFA OnAOE 3 EL iCB mJ m BElECIAIGLCd1Bf[:C Tlbemlitr T.NN CEENl4TNepEET �ulp ��mlOEptWdA1¢�P�I�BE�E� - mlp fe4 FYC IT— ILECIOrWEA I �w.L EKO1XEmICHt - NCIOmIBE`wIN • • GFwuo qi C y rIAM�FOR CVOE-1..nigEy j 0- ITTIE-vmK au+[c�occEnl� U slwm r f1ECTmC,I COMTNGTdt n -�' l• C40uir IY eELbv cPeoE v I I TOn �nrC II �g0.'FlEUI,IBC �� I 1 ��..C-'• FafdEEi¢n�Ci� ` / 1LL I I I 4YE COGEEP k11f E� I I I I •• it �ivi�u IIUI CE T0EW0>rwry I�IW�E--GlniG CTnECT I I h lI A uI l •ilvi11v1Erte'bNOwFv4EeW0d11[Ei6 BO BBi CI IFiOnaBcS lN 1 11 I I 1 1 I 1 Ir' s�lu o FEU icrvwvec,u c cP?l o x IrvoE rnl �' MONEY - E jn !m .... v A tI�TN coy.ECrgl� (IV°vE wp HVAC/METER BASE/METALUC k' COMPONETS GROUNDING DETAIL �UNDERGROUND SERVICE DETAIL b g' ANTENNA CABLE AND WAVEGUIOE BRIDGE GROUNDING DETAIL 3 xTS 4 EIEVATIBN NTS - N*5 PROPOSED MONOPOLE �`L�' OWER GROUNDING DETAIL \I NTS I � �S S E�LFOBME FWNmACTdI FIY4t Biia NQTii EI wB IACFLLP.0 TELCO Ex¢OBLV1Ee vlsliE EPMIMTfi ComE EE �4LB eExLO LOC.#193389 Pad PACTBP A W,PPE NoBPa BaoB�BBP� �BxET�,P�xFP�P,I� E 9.dlemurld F� BEB•.$Tlrn a<I.omcuaP EIBwIViF.E NORTH EWEeENTE— YORKVILLE GBLE TPBOd Eq1 TELCO E4F.E T��EO W�FJn Exu1.ONFrt -IIIFNd1ElICIOCBEBeFE mllrUL a FmWer IIOCC .Nw4o dA0¢ �Lq�s' � Lepn uEFBBr ^'LLB s` .ia�irw� -ar 2n W. EATON AVE .AI-oP tELwNle oFigL,TPem4¢T s �T�Fllw0.00p �xr w�rry VORKVILLE,IL 80560 IwTPCEP ULr po LB ruO VrX15•.0 _ FACI�fPWTMOdOrO ++FTn ECRP OvEOEWAUS� s c EMnnuer x0 TP vWac[EP VITFANEtOrw i _ duo vnrry tt 30e ANONO UV.v.es Y.F.LU - sws[ecW uit[C Lv GPOUN Fry oP no POVEO ECUU, - 411�P� -I-- IXFS�uj�C Ilvm tnraL=— L-7 LME �N OEB BEInvI FROST IM rvo eE�TF IT f)Px FBOM FLevera ymKTx¢Pwff.ra�mlEnBO mw B ELEVATION-EQUIPMENT ENCLOSURE ELECTRICAL AND NTS GROUNDING DETAILS F--FENCE GROUNDING DETAIL TELEPHONE SERVICE ENTRANCE [ Nrs E H-FRAME MATH METER/TELCO BO%ES � NTq exEE�teaeEP- E-3 0 aN 0 rw DDTL,EDFEDw¢¢,R _ NRNi,N � EomEr,mC°[Elx rielX¢LCrDrA0NLKBM1 0CE 0IX LrW 4 fpK.T uPC���F0��CI��KF LLMrE rv"r0 ER i FGD b _CTOal-ArWON°REIrQL1¢I ID%pF�NI"rMFEEDmk."ECTCEF0�rrGr3.flR"KLLN O iV"W 4a 0X T0LD NELMV%CCO°0O(I0QNiMAC¢D0gT°E RO Fl ALmDD.EAE19.°D CwR iq E N T D f, ` _EA RM gnAL M 0 O O O rasl etl O ry o O rz a ur o FcBo N,eiDDo F HO��iD Rnr D iNNEHn o NDCNO o CABa I.M1ipw ENi Cc NoOi,Ef 1°EM U IA IM°FmrFCasYTnI IXV x¢E I r lis�vLlE£a C!ii°cr cl n.cc_po xFrEruCcr_grc N Ex\ —'o°�BERika�aOi,�l¢AY"c�,xcNMM¢¢[m�0R G Or,°XN o Xn y�"GM'[:ixc;".�EOiiEr¢�tC6vuE4w:�CE.ID".r°LIXBS4"DE.."DNUCt¢�cr,rTcnKImct[FEaOorIw.O,CRpT¢r NBx wN[NEr0PIa uODCwPi ID�u N r F D r., "R PDp� "rwN i.c F"m Av¢ ° T. E nmai< n m r0 j o. �W ry��t � aEO o REi[A ,Eai°n cva.r.^aw0 / ��� / uu� LwE0NTM1OaEl A rulusuvvL V♦"B msrn._g°R rouro.rxv wR[Crox >�EW�E��EB<rfAanitmr G em.r¢cror Frrcr"�co�"c :�:�4 wAO"aEOCr,::ro°Nnln'c`aw�vu �w I liae:Dn .., E — �' �`afOAD I I NnDVmcEwrDnr�DN 9 _ �1 TELEPHONE FACILITY GROUND �1 E%TERIOR GROUND BAR DETAIL �1 ELECTRIC SERVICE GROUNDING DETAIL 11 ENCLOSURE GROUNDING DETAIL XTS NT9 NTS NT.3 6 B U UTILITY COMPANY TRANSFORMER GROUND BY j LOCAL UTILITY (3)"10IN 3-C q� °�"EAm uaa['v(c\u�in J�cnOSe r`a ro 02 TFMN M r�� r,rc smE ggqr F <our>.iPe vs x° GROUND G N MILLBANK SERVICE 200AF ROCKET T20 LOC.#193389 SOCKET W TOGA C.B. giros� I"II 22 KAIC E®� LONG RN.A CU NORTH T 'r4�°x10� YORKVILLE cAeLE rAR irF'^0 —Rrrx a,Ff A w6 ananE ,—_COei°¢Y° e.n rears m ROD N?mKx Fie MTMYSEN c. arzo�OE rvµaEECrr ,vE i (3)4410 200A END 725 W.WHEATON AVE vw rw rwN 200A GENERATOR INWC YORKVILLE ILR04V7 NOTES (GENERAL 00KW 1 ALL HARDWARE 10-0 STAINLESS STEELWCLUOING BELL LLES T 2 FOR GROUND HOND TO STEEL I>!LY l BEFORGRAGON TOOTH s*EEr suLnFA%on iDF DF G1a0m NNSHER BETWEEN LUG AND WHET.COAT ALL SURFACES VATH e aCE°Ern AB< KOR Imo poa�a°ur.t wvcv.c.. n°D�� a•a vv l TO BRANCH/ �• .___ °ssoF rRnn Nxarinr�m r rnw .a,ES 8 IUG DETAIL CIRCUITS _ I_ Wj1 EXOTHERMIC WELD DETAILS° N�5 GENERAL.120/TNOV.1G Fxm.E=e.c u.0 nnar,EU unanNFm nrv°ovEO Fnm.. 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R E DT s.]pmraff `Etas Ra raRR eASE 1u1r SPECIFICATIONS mi=ss W wE ELECRerM wow C [ y0 �g _ Gn,1D --CATIONS 10. ir0.auu 5 ttNo x Wnll[EpTuS w SWYesN.r MxEAn RcRRPRPDrwOSr RR,e FTnELr[IcNviOs r L ] a N['COImUCTOR YVSt LNANGDRD, -1 YDNr Its YaaPei,�R,�ui� w ncc°m,.N[cnixiR raiewxD Ewen --- A4LL 1W2 salww/1IPD-e Lwr cw[1eNA1ES. weET nlrm[.R io im.i/o XD e w�a3 SP-2 oD i/owwc NO H/a w ]w xex r0 rw ra C/Ty Reviewed By: Agenda Item Number O EST. 183 s Finance ❑ Mayor#3 - Engineer ❑ Tracking Number � � � City Administrator ■ g �,';Nfl •p °°m tea° 0 Police ❑ te `� Human Resources CC 2010-111 ❑ Public Works ❑ City Council Agenda Item Summary Memo Title: Tax Abatement Ordinances City Council/Committee Agenda Date: City Council—January 11, 2011 Synopsis: Council Action Previously Taken: Date of Action: CC 12/28/10 Action Taken: Tabled to CC 1/11/11 Item Number: CC 2010-111 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Please see attached information. CAS. Memorandum To: City Council EST. , 1836 From: Bart Olson, City Administrator CC: Date: December 21, 2010 K WC-1* Subject: Abatement ordinances and the budget SCE These ordinances were last discussed at the December 14`x' City Council meeting. At that meeting, the City Council approved three abatement ordinances: one for the Countryside TIF bond, one for the Fox Industrial TIF bond, and the final one for 2005A Alt Revenue Sewer and Water Bond. There are five remaining abatement ordinances up for consideration. Two of these ordinances (now listed as "a" and"b" on this agenda) were considered part of the second group of ordinances last meeting; specifically, they were for bonds that were paid out of the sewer fund that the Council directed staff two meetings ago to revert to property taxes (i.e. voting against the abatement ordinance). Two of these ordinances (now listed as "c" and"d") were in the Rob Roy bonds group; specifically, they were bonds that were paid out of the sewer fund for the Rob Roy sewer project. The final ordinance was (now listed as "e")was for the in-town road program; specifically, the bond is paid out of the general fund and was a policy decision for the Council. I have spoken with Yorkville Bristol Sanitary District Director Kevin Collman, who has circulated the concept of a joint City-YBSD board meeting to his board members. His board members are available on Tuesday, January 11`h at 6pm. It may be beneficial to postpone further discussion on the abatement ordinances and debt obligations until after that meeting. As a reminder, abatement ordinances do not have to be filed with the County until mid-February. To recap from the last meeting, and summarize the discussion laid out on the following pages of this report: - A vote in favor("aye") for the abatement ordinances on the agenda certifies to our bond holders and the County Clerk (who collects property taxes) that we have enough funds to make our debt payments in 2011. - A vote against ("nay")the abatement ordinances, or if no action is taken means that we do not have enough funds to make our debt payments in 2011, and the property taxes associated with each bond will be levied. - The City does not currently have the funds to make the 2011 bond payments, which means either: • The abatement ordinances must be defeated, OR • A significant sewer bonding fee must be implemented, OR • Default on debt obligations, resulting in litigation, significant degradation of the City's bond rating, and property tax increases through court order, OR • Catastrophic cuts to City services - The staff recommendation is to vote "nay" on the remaining five abatement ordinances on the agenda, resulting in the 2011 bond payments reverting to property taxes in 2011 o Further, the staff recommendation is currently that item "e" on the agenda relating to the in- town road program bond be abated for this year only. (No action is needed until December 2011 to confirm or oppose this sub-recommendation) Water and Sewer debts—Agenda item A, Countryside Sewer, and Agenda Item B 2007A refunding These bonds fit within the recommendation by City Council during the discussion two meetings ago, where the City Council directed the staff to find as many sewer and water bonds as possible to discuss for non- abatement. Originally,there were three bonds within this first group. The bond that is no longer in this group was item "c" on the last City Council agenda, and the abatement ordinance was approved,meaning the City has certified that we have the money to make these bond payments. The remaining two bonds are alternate revenue bonds, paid out of the sewer fund. I recommend that the City Council vote "nay" or take no action on these bonds, which will revert the bonds to property taxes. Rob Roy Sewer Debts—Agenda item C_ 2005D Rob Roy and Aeenr➢a Item it 2008 Rob Rey These bonds were recommended by the City Council to revert to property taxes (non-abatement) during the discussion two meetings ago. Both are paid out of the sewer fund. Voting against the abatement ordinances or taking no action on the ordinances would result in a minimal sewer bonding fee but higher property taxes. For the reasons discussed during the previous City Council meetings, I recommend the City Council vote"nay" or take no action on these two ordinances and allow the bond payments to revert to property taxes. In-Town Road Program Debt—Agenda Item E 2005A In-town Road Program The City Council has not discussed this bond yet. While it appears that we will be able to make this bond payment out of the general fund next year(it was drawn into the FY 11-12 budget discussed by City Council last year), it provides us with an option to replenish a portion of our fund balance in one year, with little perceived impact from one-year-to-the next. It is my recommendation that the City Council vote"nay" or take no action on this ordinance and allow this bond payment to revert to property taxes. Consequences of actions In the recap of last meeting on the first page, the third bullet-point summarizes the consequences of different actions. The staff recommendation is to vote against each abatement ordinance on the agenda. The consequences of this action are: 1) That total property taxes paid by a property owner will increase in the range of 5-6%next year. 2) That property owners will be able to deduct this additional property tax from their gross income a. Rough estimates show that a property owner will be save about 25% of the figure listed above due to a lower adjusted gross income. (i.e. a $250k house that pays $300 will recoup about $70 to $80) 3) A sewer bonding fee in the amount of about $3.75 per month per user will need to be implemented to satisfy other sewer debt. The second action within that bullet-point is to vote for the abatement ordinances, and then enact a sewer bonding fee to satisfy the sewer debt obligations. The consequences of this action are: 1) The total property taxes paid by a property owner will not be affected. 2) A $31 per month per user sewer bonding fee will need to be implemented to satisfy sewer debts. The third action within that bullet-point is to vote for the abatement, enact no sewer bonding fee, and fail to make debt payments. This is the most catastrophic option, and should not be considered because property taxes will still increase, after litigation from our bond holders (at our cost), and further our credit rating will be ruined. The fourth and final action within that bullet-point is to make other cuts from the City budget to fund sewer debt. I strongly advise against this option, and I have previously explained this option as improper budgetary practice, and have illustrated the catastrophic impact it will have to City services in brief prior memos. If the abatement ordinances are approved (meaning no property taxes are collected for our debt obligations), no sewer bonding is enacted, and the City still attempts to make the debt payments, the following consequences will occur: 1) $2.4 million dollars in salaries or other expenses would have to be cut. This represents about '/ of our total general fund, wherein salaries are the majority expense. a. Previously, some Council members have alluded to an unwillingness to cut public safety or public works employees. In this scenario, every City employee in Admin, Finance, Community Relations, Engineering, Community Development, Building Safety, Streets, and Parks and Recreation could be cut and satisfy the debt obligations. Services related to building permits, subdivision planning, subdivision permitting,bill paying, human resources, payroll, general customer service,record keeping, park maintenance,park construction, and recreation management would be completely eliminated. With those services, that includes department heads being cut as well. Obviously, this scenario is unacceptable, as the City has both obligations under existing agreements and state law related to a variety of these services. Additionally, I think an easy argument can be made that residents expect these services to be provided. b. With this previous scenario being untenable, the other cutting option involves public safety, water, and sewer department employees. I expect this option to be ruled out by a majority of the City Council members, and I do not recommend it. However,to illustrate the level of impact on these departments, I submit the following figures. i. The total police department budget for salaries is just over$2.3 million. That includes every patrolman, sergeant, command staff, and police clerk. ii. The total water department budget for salaries is just over$350,000. iii. The total sewer department budget for salaries is just over$250,000. A final note— cutting elsewhere from the budget to fund existing sewer debt From time-to-time, I hear from people indirectly and directly, that we should be not funding non- essential services. The issue with that statement is the definition of"non-essential". When hearing this statement, typically the assumption is made that parks and recreation is a non-essential service, and that the City should get out of the Parks and Recreation business. I can say with reasonable certainty, yet without concrete evidence, that the majority of the community expects parks and recreation services to be provided—be it by us, or through a separate park district. The problem with this conversation is that should the City cut all Parks and Recreation services, and a group of residents petition to form a separate park district, that the Park districts net costs are likely to be higher than the current City services. This very brief analysis is predicated only upon the concept of duplication of support staff. A park district must hire or outsource human resource, finance, customer service, and other general support staff, and would have to pay for garbage services, insurance, and other incidental costs currently being paid for by the City. Additionally, the City will still have to retain employees that provide the same services, which results in a higher overall tax burden. Indeed, this same outcome was seen in the discussions on whether to form a library district. Thinking outside (and inside) the box—options for generating revenue and cutting expenses The following is a list of items that should be discussed in February, March, and April during upcoming FY 11/12 budget discussions. Some of these options may allow us to approve abatement ordinances in December 2011 for debt obligations due in 2012, while others may allow us to fund operations or capital improvements in the next few years. I submit these to the City Council as evidence that the staff is thinking outside the box, and a commitment to dedicate our limited time to analyzing these options over the next few months, subject to Council preferences. Some of these may be controversial and unpalatable,but we must give the Council an opportunity to say "no". 1) Traditional economic development incentives a. Continue to offer developers TIF incentives, sales tax sharing incentives, recapture incentives, and other methods to attract businesses. Of note, waiving recapture costs on a sewer debt would be considered an incentive to a developer. 2) Digital billboards within City limits, and possibly on City property a. Attached is an editorial from a newspaper in Colorado Springs outlining their wish for more digital billboards within their boundaries. Digital billboards would generate revenue through the City through permit fees (if they are on private property) and through ground-lease fees if they are on City property. The City staff has had brief conversations with billboard company representatives, who have indicated a strong interest in a couple sites in the City, should the City Council indicate they are willing to consider them. 3) More cell towers on municipal property a. Cell service is only going to expand in the future, due to the increased demand for data used in smartphones. The Wheaton Woods cell tower lease on this agenda has a revenue stream of $35,000 per year. The visual impact of the cell tower, we feel, is minimized as the cell tower is in the form of a flag pole. 4) 6% telecommunications tax a. The maximum rate allowed by state statutes is 6%. We are currently at 5%. 5) Senior garbage subsidy a. Seniors pay$1 per billing cycle for garbage service that costs the City roughly$40 per billing cycle. Over the course of a year, that translates into a$120,000 subsidy. Previous discussions have revolved around implementing a subsidy for seniors who are experiencing financial hardship only. 6) Referendum for sales tax increase a. Previously discussed at City Council and in the newspapers by Mayor Burd. The City could authorize a I% increase in the sales tax rate through a referendum. This referendum would have to be approved by the City Council, in the same manner as the bike path referendum was previously authorized. A preliminary estimate of the incremental sales tax, should the referendum be successful, is $2 million per year. Some of this tax would be paid by residents of other communities who shop in Yorkville. Also, this would put our sales tax rate higher than communities to the west of us, but on par with communities to the north and east of us. 7) Interns a. The cost effectiveness of interns is very high. Should we run into a scenario where the City Council does not feel the current service levels are acceptable, interns would provide the best option for getting work done at little cost. 8) Outsourcing with other municipalities and consultants a. I have spoken with staff members in other organizations that are interested in out-sourcing their staff on a limited basis to the City. Specifically, we have needs in the IT and GIS field. This follows a recommendation from the Metropolitan Mayors Caucus report on service consolidation, for which Mayor Burd sat on the committee. Of note,prior to layoffs we had outsourced our GIS staff to other communities, and those communities had paid use an hourly fee. 9) Vehicle stickers a. This was discussed by the Public Works committee briefly during the December meeting. One member of the committee was opposed to it, and the other two members were interested in seeing a brief City analysis of the service during the budget discussions. Vehicle stickers could be used as a way of equitably distributing the cost of a road maintenance program to those residents who use the roads most frequently(vehicle owners),but would have some administrative hurdles. 10)iPads v. paper a. A few years ago, the City discussed purchasing laptops for City Council members instead of printing packets. The laptops would have paid for themselves over the course of one or two years. iPads are starting to be used by boards in place of traditional laptops. Their main benefit is that they are cheaper than traditional laptop, and can be more user friendly. 11)Selling or leasing assets a. Land? While it is not a seller's market, the City does have a moderate amount of land used for non-park purposes. b. Buildings? Again, it is not a seller's market—but the City does have buildings that are currently being underutilized due to staff cuts. City Hall, on the administrative side is at 50% capacity. The old Post Office is currently being used for cold storage and Park Board meetings. The Riverfront Building concession-lease RFP is currently being reviewed by the Park Board, and is expected to generate about $10,000 per year in lease and concession fees. 12)Business registration a. Business licenses are available under state statutes. This could generate an amount multiplied by the number of individual businesses in the City (less than 750), and would result in the staff having an accurate, up-to-date database of contacts at every business in the City. We currently have an incomplete database via utility billing—as some strip malls have one meter for multiple units. 13)Selling other sponsorship opportunities a. Several weeks ago, the City of Naperville briefly brought up the concept of selling adspace on City buildings. The Village of Oswego has also discussed an offer from a local business to have their business name on a water tower. The City of Chicago has participated in a pothole filling program with Kentucky Fried Chicken, wherein KFC pays to have potholes filled in Chicago with a KFC stamp placed on the fill material. 14)More furloughs a. Non-union City staff are taking 5-days of furloughs this fiscal year. These could be increased, but would fail to impact almost half of the entire City staff(the other half are in unions). Increasing furlough days would impact City services due to the recent staff cuts, and would further hurt morale with employees who are not in unions. 15)Pay cuts a. The conversation applies to pay cuts as it does to implementing furloughs. When almost half of the City employees have a bargaining contract, the impacts are not equitable. The efforts to negotiate pay cuts or furloughs with unions would be partially offset through increased attorney's fees and other concessions the City would have to make. 16)Convince YBSD, if it has the money, to make payments on debt obligations a. This option would need to be discussed with YBSD, potentially at the joint City-YBSD meeting. They have informally said that almost all money they have within their budget and accounts are dedicated to project or specific purpose. 17)Structural change in budgeting a. In FY 10/11, there are still one-time revenues being used to fund ongoing operational costs. Mayor Burd had argued against this practice in the past and has mandated it be ended in FY 11/12. Continuing to use one-time revenues (building permits, development fees) in the general fund to pay for operational expenses would be irresponsible budgeting. In fact, the direction to change this practice in FY 11/12 was one driving force for the layoffs that occurred this month (namely, we are planning to set aside one-time revenues in FY 11/12 for capital purposes, instead of using them to pay salaries). 18)Enterprise opportunities a. The article about the potential solar power facility in Yorkville or Oswego is a good example. There are going to be many opportunities for the City to venture into enterprise opportunities in the near future,be it for a solar farm or a whitewater recreational facility event. Mayor#3a ORDINANCE No. 2011 ORDINANCE abating the tax hereto levied for the year 2010 to pay the principal of and interest on $3,500,000 General Obligation Bonds (Alternate Revenue Source), Series 2004B, 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 2004-10, adopted on the 24th day of February, 2004 (the "Ordinance"), did provide for the issue of$3,500,000 General Obligation Bonds (Alternate Revenue Source), Series 2004B (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 2010 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 2010 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 2010 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 day of January, 2011, pursuant to a roll call vote as follows: GARY GOLINSKI MARTY MUNNS GEORGE GILSON JR WALTER WERDERICH ARDEN PLOCHER ROSE SPEARS ROBYN SUTCLIFF DIANE TEELING APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the day of January, 2011. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the day of January, 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 , 2011, there was filed in my office a duly certified copy of Ordinance No. entitled: ORDINANCE abating the tax hereto levied for the year 2010 to pay the principal of and interest on $3,500,000 General Obligation Bonds (Alternate Revenue Source), Series 2004B, 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 day of January, 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 2010 for the payment of the City's $3,500,000 General Obligation Bonds (Alternate Revenue Source), Series 2004B, 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 2011 County Clerk [SEAL] Mayor#3b ORDINANCE No. 2011- ORDINANCE abating the tax hereto levied for the year 2010 to pay the principal of and interest on $3,020,000 General Obligation Refunding Bonds, (Alternate Revenue Source), Series 2007A, 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 2007-02, adopted on the 23rd day of January, 2007 (the "Ordinance"), together with a Notification of Sale, dated February 22, 2007, did provide for the issue of$3,020,000 General Obligation Refunding Bonds (Alternate Revenue Source), Series 2007A (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 demonstrated by the City Treasurer to provide an amount not less than 1.25 times debt service of all 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 2010 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 2010 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 2010 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 approval as provided by law. ADOPTED by the Corporate Authorities on the day of January, 2011, pursuant to a roll call vote as follows: WALTER WERDERICH MARTY MUNNS GEORGE GILSON JR DIANE TEELING ARDEN PLOCHER ROSE SPEARS ROBYN SUTCLIFF GARY GOLINSKI APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the day of January, 2011. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the day of January, 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 , 2011, there was filed in my office a duly certified copy of Ordinance No. entitled: ORDINANCE abating the tax hereto levied for the year 2010 to pay the principal of and interest on $3,020,000 General Obligation Refunding Bonds (Alternate Revenue Source), Series 2007A, 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 day of January, 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 2010 for the payment of the City's $3,020,000 General Obligation Bonds (Alternate Revenue Source), Series 2007A, 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 2011 County Clerk [SEAL] Mayor#3c ORDINANCE No. 2011- ORDINANCE abating the tax hereto levied for the year 2010 to pay the principal of and interest on $11,300,000 General Obligation Bonds (Alternate Revenue Source), Series 2005D, 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 2005-88, 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 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 2010 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 2010 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 2010 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 day of January, 2011, pursuant to a roll call vote as follows: WALTER WERDERICH MARTY MUNNS GEORGE GILSON JR DIANE TEELING ARDEN PLOCHER ROSE SPEARS ROBYN SUTCLIFF GARY GOLINSKI APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the day of January, 2011. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the day of January, 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 , 2011, there was filed in my office a duly certified copy of Ordinance No. entitled: ORDINANCE abating the tax hereto levied for the year 2010 to pay the principal of and interest on $11,300,000 General Obligation Bonds (Alternate Revenue Source), Series 2005D, 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 day of January, 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 2010 for the payment of the City's $11,300,000 General Obligation Bonds (Alternate Revenue Source), Series 2005D, 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 2011 County Clerk [SEAL] Mayor#3d ORDINANCE No. 2011- ORDINANCE abating the tax hereto levied for the year 2010 to pay the principal of and interest on $2,020,000 General Obligation Bonds (Alternate Revenue Source), Series 2008, 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 2008-125, adopted on the 22nd day of December, 2008 (the "Ordinance"), did provide for the issue of$2,020,000 General Obligation Refunding 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 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 2010 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 2010 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 2010 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. ADOPTED by the Corporate Authorities on the day of January, 2011, pursuant to a roll call vote as follows: GARY GOLINSKI MARTY MUNNS GEORGE GILSON JR WALTER WERDERICH ARDEN PLOCHER ROSE SPEARS ROBYN SUTCLIFF DIANE TEELING APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the day of January, 2011. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the day of January, 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 , 2011, there was filed in my office a duly certified copy of Ordinance No. entitled: ORDINANCE abating the tax hereto levied for the year 2010 to pay the principal of and interest on $2,020,000 General Obligation Refunding Bonds (Alternate Revenue Source), Series 2008, 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 day of January, 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 2010 for the payment of the City's $2,020,000 General Obligation Refunding Bonds (Alternate Revenue Source), Series 2008, 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 2011 County Clerk [SEAL] Mayor#3e ORDINANCE No.2011- ORDINANCE abating the tax hereto levied for the year 2010 to pay the principal of and interest on $3,825,000 General Obligation Bonds (Alternate Revenue Source), Series 2005A, of the United City of Yorkville, Kendall County, Illinois. WHEREAS the City Council (the "City Council") of the United City of Yorkville, Kendall County, Illinois (the "City"), by Ordinance Number 2005-52, adopted on the 14th day of June, 2005 (the "Ordinance"), did provide for the issue of $3,825,000 General Obligation Bonds (Alternate Revenue Source), Series 2005A (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 City Treasurer to provide an amount not less than 1.25 times debt service of all Outstanding Bonds (as defined in the Ordinance) in the next succeeding bond year (June 30 and December 30); and WHEREAS the Revenues have been deposited in the United City of Yorkville 2005A 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 the City that the tax heretofore levied for the year 2010 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 2010 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 of Kendall, Illinois, and it shall be the duty of said County Clerk to abate said tax levied for the year 2010 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 City Council and signing and approval by the Mayor. ADOPTED by the Corporate Authorities on the day of January, 2011, pursuant to a roll call vote as follows: GARY GOLINSKI MARTY MUNNS GEORGE GILSON JR ARDEN PLOCHER ROBYN SUTCLIFF ROSE SPEARS WALTER WERDERICH DIANE TEELING APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the day of January, 2011. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the day of January, 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 , 2011, there was filed in my office a duly certified copy of Ordinance No. entitled: ORDINANCE abating the tax hereto levied for the year 2010 to pay the principal of and interest on $3,825,000 General Obligation Bonds (Alternate Revenue Source), Series 2005A, 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 day of January, 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 2010 for the payment of the City's $3,825,000 General Obligation Bonds (Alternate Revenue Source), Series 2005A, 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 , 2011. County Clerk [SEAL] COT Reviewed By: Agenda Item Number .0 Legal ❑ Mayor#4 ( Finance ❑ EST: 1836 Engineer ❑ - ) _ City Administrator Tracking Number °r � ggqC9 Police ❑ E `�,. Human Resources ❑ CC 2011-01 Public Works I ❑ City Council Agenda Item Summary Memo Title: Approval of an Early Retirement Proposal City Council/Committee Agenda Date: City Council—January 11, 2011 Synopsis: An amended proposal for early retirement from a police sergeant. 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: The text of the amendment approved at the 12-28-10 City Council meeting did not fully encompass the early retirement package requested and preliminarily agreed upon. This document corrects the prior omission (related to insurance costs). MEMORANDUM OF UNDERSTANDING I, Sergeant Barry Groesch of the United City of Yorkville, Kendall County, Illinois, states as follows: 1. I have achieved twenty-eight (28) years of retirement credited service as a result of my prior position with the Kendall County Sheriffs Department and as a member of the Yorkville Police Department. 2. I shall retire on my anniversary date of February 15, 2011, on the condition that a lump sum representing all earned sick time, comp time and vacation in an amount of $23,958.59 (amount may change depending on the amount of hours actually banked for sick, vacation and comp time on February 15, 2011) and an early retirement incentive of $22,071.66 for a total of $46,030.25 be set aside in an internal account of the City from which a deduction in the amount of $823.94 shall be made monthly by the City to pay the health insurance premiums for me and my family until the total sums credited to such account have been applied for such purpose. 3. In the event I request termination of health insurance coverage prior to the depletion of the balance in the aforesaid internal account of the City, the fund balance as of the date of termination of health insurance coverage shall be made to me or as I may direct the City in writing. I hereby swear and affirm on oath to abide by the foregoing understanding with the United City of Yorkville, Kendall County, Illinois. Dated this day of , 20 Sergeant Barry Groesch Subscribed and Sworn to before me this day of , 2010. Notary Public Approved by the United City of Yorkville, Illinois, this day of A.D. 2011. Valerie Burd, Mayor 2 C/Ty Reviewed By: Agenda Item Number O �- -� Legal ■ Mayor#5 EST. 1636 Finance El Engineer ❑ Tracking Number 0 Li City Administrator ■ �° �a' �C? ❑ltant Consultant�w ry CC 2011-02 ce Mayor ■ Agenda Item Summary Memo Title: Sales Tax Referendum Resolution Meeting and Date: City Council 1/11/11 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Mayor Burd Name Department Agenda Item Notes: STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Resolution No. 2011- A RESOLUTION PROVIDING FOR AND REQUIRING THE SUBMISSION OF A PROPOSITION TO IMPOSE A NON-HOME RULE MUNICIPAL RETAILERS' OCCUPATION TAX AND SERVICE OCCUPATION TAX IN THE AMOUNT OF 1% TO THE VOTERS OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS, AT THE GENERAL ELECTION TO BE HELD ON APRIL 5,2011 WHEREAS, the Mayor and City Council (the "Corporate Authorities") of the United City of Yorkville, Kendall County, Illinois (the "City") are aware of the necessity of providing safe public infrastructure or providing tax relief or both to benefit the health and welfare of its residents; and, WHEREAS, the Corporate Authorities hereby find and determine after serious consideration and discussion that it would be in the best interest of its residents to provide for improvements to its public infrastructure or property tax relief, however, since there are not sufficient revenues in the City's current budget or projected budgets and, therefore, it will be necessary to impose non-home municipal retailer's and service occupation taxes for such purposes; and, WHEREAS, before the Corporate Authorities may impose the aforesaid taxes, a proposition must be submitted to the voters of the City and be approved by a majority of the voters of the City voting on such proposition at an election to be held in the City, and it is deemed advisable, necessary and, in the best interests of the City, that a proposition to impose the aforesaid taxes be submitted to the voters of the City at an election to be held and conducted in accordance with the Election Code (10 ILCS 5/1-1 et seq.). NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Project Borrowing/Tax Rate Increase. That it is necessary and in the best interests of the City that the Corporate Authorities be authorized to impose a 1% Non-Home Rule Municipal Retailer's Occupation Tax and a 1% Non-Home Rule Municipal Service Occupation Tax for expenditure on public infrastructure or for property tax relief or both in accordance with the provisions of Sections 8-11-1.3 and 8-11-1.4 of the Illinois Municipal Code (65 ILCS 5/8-11-1.3 and 65 ILCS 5/8-11-1.4). Section 2. Election. That the proposition hereinabove referred to be submitted to the voters of the City in accordance with the Election Code at the general election to be held on Tuesday, the 5t1i day of April, 2011, between the hours provided by law for voting on such day (the "Election"). Section 3. Election Precincts. That the Election shall be held in the voting precincts and at the polling places established by the County Board (the "County Board") of Kendall County, Illinois (the "County"), for voters of the City at the Election. Section 4. Notice. That the County Clerk of the Kendall County (the "County Clerk") shall give notice of the Election in accordance with the general election law by publishing notice thereof once in one or more local, community newspapers published in and having general circulation in the City, and also once in a newspaper published and of general circulation in 2 Kendall County, Illinois, the dates of such publications of such notices for the Election to comply with the Election Code. Section 5. Form of Notices. That the notices of the Election shall include the following: "NOTICE IS HEREBY GIVEN that at the general election to be held on Tuesday, the 51h day of April, 2011, the following proposition will be submitted to the voters of the United City of Yorkville, Kendall County, Illinois: "Shall the United City of Yorkville impose a 1% Non-Home Rule Municipal Retailers' Occupation Tax and a Non-Home Rule Municipal Service Occupation Tax (commonly referred to as a municipal sales tax) for expenditure on public infrastructure or for property tax relief or both in accordance with the provisions of Sections 8-11-1.3 and 8-11-1.4 of the Illinois Municipal Code (65 ILCS 5/8- 11-1.3 and 65 ILCS 5/8-11-1.4)?" Dated this day of 52011. County Clerk, Kendall County, Illinois." Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2011. ROBYN SUTCLIFF GEORGE GILSON, JR. ARDEN JOE PLOCHER DIANE TEELING GARY GOLINSKI MARTY MUNNS ROSE SPEARS WALLY WERDERICH Mayor Attest: City Clerk 3 Giarasrat • _ General Merchandise Sales Tax(broken out by jurisdiction) Non Home Rule • Sales f ••. 0.5%-Public Safety Yorkville 5.25% 1.00% 0.00% 7.254% 1.00% 7.75% 12% 0.5%Kendall County Roads Aurora 5.25% 1.00% 1.25% 0.75%-Regional Transportation Authority(RTA) $15°fn 1.75% N/A 13% Fox Valley Mall (DuPage) Aurora 5.25% 1.00% 1.25% 0.5%-Kendall County Public Safety 8 rift. 1.00% N/A 13% (Kendall) 0.5%- Kendall County Roads Bolingbrook 5.25% 1.00% 1.50% 0.75%-Regional Transportation Authority(RTA) $.50°.fi 1.75% N/A 13% Bolingbrook Commons (DuPage or Will) 1.25%-Cook County Home Rule Chicago 5.25% 1.00% 1.25% 1%-Regional Transportation Authority(RTA) Elgin 2.25% N/A 5% Magnificent Mile Elgin 1.25%-Cook County Home Rule (Cook) 5.25% 1.00% 0.75% 1%-Regional Transportation Authority(RTA) 9,25% 2.25% N/A 13% Geneva 5.25% 1.00% 0.50% 0.75%-Regional Transportation Authority(RTA) 7-50% 1.75% N/A 13% Geneva Commons Joliet (Will) 5.25°k 1.00% 1.25% 0.75%-Regional Transportation Authority(RTA) 925% 1.75% N/A 12% Louis-Joliet Mall 0.75%-Regional Transportation Authority(RTA) Lombard 5.25% 1.00% 1.00% 8.25% 1.75% 9.25% 13% Yorktown Mall 0.25%-County Water Commission Minooka 5.25% 1.00% 0.00% 0.00% 5,25% 1.00% N/A 13% (Grundy) Minooka 0.5%-Kendall County Public Safety (Kendall) 5.25% 1.00% 0.00% 0.5%- Kendall County Roads 7""° 1.00% N/A 13% Montgomery ° ° ° 5.25% 1.00% 0.00% 0.75/°-Regional Transportation Authority(RTA) 7.00"m 1.75/% N/A 13/° (Kane) Montgomery 0.5%-Kendall County Public Safety (Kendall) 5.25% 1.00% 0.00% 0.5%- Kendall County Roads ` % 1.00% N/A 13% Naperville 0.25%-County Water Commission (DuPage) 5.25% 1.00% 0.00% 0.75%-Regional Transportation Authority(RTA) 7.2590 1.75% N/A 12% North Aurora 5.25% 1.00% 0.50% 0.75%-Regional Transportation Authority(RTA) 7.517% 1.75% N/A 11% 0.25%-County Water Commission ° Oak Brook 5.25% 1.00% 0.50% 7,75% 1.75% N/A 13/o Oak Brook Commons 0.75%-Regional Transportation Authority(RTA) Orland Park 1%-Regional Transportation Authority(RTA) (Cook) 5.25% 1.00% 0.75% 1.25%-Cook County Home Rule 9`255 2.25% N/A 8% Orland Park Mall General Merchandise Sales TaK(broken out by j urisdiction) I several - Non Home MercfhandFse ■ Home Rulel Rule- 69mg Tax VA" -7 Oswego 5.25% 1.00% 0.50°h 0.5%-Public Safety 7.75% 1.00% N/A 13% 0.5%Kendall County Roads Plainfield 5.25% 1.00% 1.00% 0.5%-Kendall County Public Safety 8.25% 1.00% N/A 12% (Kendall County) 0.5%- Kendall County Roads Plainfield (Will County) 5.25% 1.00% 1.00% 0.75%-Regional Transportation Authority(RTA) 8.00'% 1.75% N/A 12% Plano 5.25% 1.00% 0.00% 0.5%-Kendall County Public Safety T�5°i '`o- 1.00% N/A 12% 0.5%- Kendall County Roads Sandwich 5.25% 1.00% 0.00% 5.25% 1.00% N/A 10.75% J I 1.25%-Cook County Home Rule Schaumburg 5.25% 1.00% 1.00% Woodfield Mall 1%-Regional Transportation Authority(RTA) 9"5056 2.25% N/A 13°h 1.25%-Cook County Home Rule Skokie 5.25% 1.00% 1.00% 9.504'a 2.25% N/A 13% Old Orchard Mall 1%-Regional Transportation Authority(RTA) St.Charles 5.25% 1.00% 1.00% 0.75%-Regional Transportation Authority(RTA) E.001Y. 1.75% N/A 12% Charlestowne Mall (DuPage) Sugar Grove 5.25% 1.00% 1.00% 0.75%-Regional Transportation Authority(RTA) 8.00`di+ .'` 1.75% N/A 13% 0.75%-Regional Transportation Authority(RTA) Wheaton 5.25% 1.00% 1.00% 8.255 1.75% N/A 13% Danada Square 0.25%-County Water Commission Reviewed By: Agenda Item Number 2 O J -� Legal ■ PW#1 Finance ❑ EST. leas Engineer ■ - � Tracking Number ,1 W City Administrator ■ Consultant El�1c." ® PW 2010-75 C E `may ❑ Agenda Item Summary Memo Title: Proposed Ordinances &Resolution Regarding Construction Guarantees Meeting and Date: January 11, 2011 City Council Synopsis: Proposed revisions/clarifications regarding construction/maintenance guarantees for un-subdivided developments and for warranty periods. Council Action Previously Taken: Date of Action: CC 12/28/10 Action Taken: Tabled to CC meeting on 1/11/11 Item Number: PW 2010-75 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Cir` 0-0 Memorandum EST. lass To: Bart Olson, City Administrator -G From: Joe Wywrot, City Engineer pg� �� 2p'' CC: Lisa Pickering, Deputy City Clork Kathy Orr, City Attorney Date: January 7, 2011 Subject: Proposed Ordinances&Resolution Regarding Construction Guarantees Attached find copies of two proposed ordinances and one proposed resolution regarding revisions/clarifications to our construction guarantee requirements. There are three issues that I recommend we address: 1. For a typical residential subdivision,we require a construction guarantee for "land improvements", which include new public infrastructure(such as sanitary sewers), but also private improvements (such as earthwork, some landscaping, etc.)that will never be owned or maintained by the city but are regional in nature or otherwise meet the definition of a land improvement. We are authorized to require the construction guarantee because the requirement is part of our Subdivision Control Ordinance. Section 2.00 of that ordinance states that the intent of the ordinance is "To prescribe reasonable rules and regulations governing the subdivision and platting of land...". For developments that don't include the subdivision of land,however,we can only require a construction guarantee for earthwork and erosion control. That authority comes from our Soil& Erosion Control ordinance. For other land improvements, whether they are to be eventually owned by the city or not, we cannot require a construction guarantee because our Subdivision Control Ordinance doesn't apply. I recommend that we adopt an ordinance requiring construction guarantees for land improvements in all developments,regardless of whether the land is subdivided or not. See the attached draft ordinance providing for the posting of improvement securities prior to the issuance of a building permit. 2. At final acceptance we require a warranty bond which is 10%of the approved cost estimate for land improvements. Our practice has been to cover privately owned land improvements with the maintenance bond for larger developments, but for smaller developments we have at times released the bond for private improvements. Some privately owned land improvements that are regional in nature should be continue to be covered by a maintenance bond, such as a stormwater basin that serves multiple properties or a berm that screens commercial properties from residential properties. I recommend that other privately-owned land improvements (such as private parking lots, storm sewer, etc.)that are not regional in nature not be required to have a maintenance bond. They are the developer's property and their responsibility to maintain, and experience has shown that it is very unlikely that improvements such as paving,utilities, or lighting require maintenance or repair in the first year after approval of sitework. The one exception would be landscaping, therefore I recommend that landscaping continue to be covered by a maintenance bond. See the attached draft ordinance amending the requirements for the posting of maintenance bonds. 3. As the end of the warranty period approaches, we spot-check the development to make sure that everything is still in good condition. If we find the development to be in good condition we allow the warranty expiration date to pass without taking action. For most developments that's the end of it. Some developers,however,request that the city send them a letter formally releasing the maintenance bond. We have provided those letters when requested, and we do notify the City Council of this in our quarterly bond/LOC reduction reports. Resolution 2009-40 authorizes city staff to approve bond reductions for developments whose initial bond amounts are less than$1,000,000. I would like to clarify the intent of the resolution, however,that staff is authorized to release maintenance bonds upon the successful completion of the warranty period. Since the maintenance bond amount is 10%of the original estimate of cost, the upper limit of a maintenance bond that could be released by staff is $91,000. See the attached resolution regarding the release of securities for land improvements. These three issues were discussed at the Public Works Committee on November 16, 2010. All aldermen present were in favor of the ordinance regarding the posting of improvement securities prior to the issuance of a building permit. Consensus was not reached regarding the two other issues. The committee decided to send all three issues to the City Council for further debate. Since then I have worked with Kathy Orr to refine the language of these proposed documents, and recommend that they be adopted as presented. Please place this item on the January 11,2011 City Council agenda for consideration. Ordinance No. 2011- AN ORDINANCE AMENDING THE YORKVILLE CITY CODE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, PROVIDING FOR THE POSTING OF IMPROVEMENT SECURITIES PRIOR TO THE ISSUANCE OF A BUILDING PERMIT BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Title 8, Chapter 1, of the Yorkville City Code, as amended, is hereby amended by adding Section 8-1-7 to read as follows: "Section 8-1-7. Improvement Securities. Prior to the issuance of a building permit, all land improvements as defined in Section 11-1-4 of the Yorkville City Code shall require the posting of a security in an amount and pursuant to the procedures contained in Chapter 5 of Title 11 of the Yorkville City Code." Section 2. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of ) 2011. CITY CLERK ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2011. MAYOR Ordinance No. 2011- AN ORDINANCE AMENDING THE YORKVILLE CITY CODE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS AMENDING THE REQUIREMENTS FOR THE POSTING OF MAINTENANCE BONDS BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Title 11, Chapter 5, Section 11-5-3 of the Yorkville City Code, as amended, is hereby amended to read as follows; "Section 11-5-3. Construction Warranty. A. The subdivision irrevocable bond or letter of credit shall be released after an appropriate City Council action accepting the improvements for public ownership. Except as provided in subsection B, this subdivision letter of credit will not be released until a one year maintenance bond or letter of credit is posted with the City Clerk for ten percent (10%) of the land improvement cost, to ensure that any and all land improvements will properly function as designed, with no defects before the City Council formal acceptance. B. A maintenance guarantee shall be required for all landscaping but shall not be required for improvements that are on private property that do not serve, benefit, or impact properties other than the one being developed." Section 2. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of ) 2011. CITY CLERK ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2011. MAYOR Resolution No. 2011- A RESOLUTION AMENDING RESOLUTION NUMBER 2009-40 CLARIFYING THE POLICY ON THE RELEASE OF SECURITY FOR LAND IMPROVEMENTS WHEREAS, Resolution No. 2009-40 adopted by the Mayor and City Council on September 20, 2009, established a procedure and authority to reduce letters of credit and performance bonds for construction of land improvements; and, WHEREAS, it is desirable to clarify that procedure regarding the administrative release of smaller maintenance guarantees. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That Section II of Resolution No. 2009-40 is hereby amended by adding the following: "After acceptance of public improvements, release of maintenance guarantees for amounts less than $91,000 may be approved by the City Engineer or City Administrator as provided in Section I above." Section 2. This Resolution shall be in full force and effect upon its passage and approval as provided by law. Adopted by the City Council of the United City of Yorkville, Kendall County, Illinois this day of ) 2011. CITY CLERK ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2011. MAYOR