Public Works Packet 2011 01-18-11 cry
J o United City of Yorkville
'it, 800 Game Farm Road
I EST. 1836 Yorkville, Illinois 60560
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AGENDA
PUBLIC WORKS COMMITTEE MEETING
Tuesday, January 18, 2011
6:30 p.m.
City Hall Conference Room
Citizen Comments:
Minutes for Correction/Approval: November 16, 2010 and December 21, 2010
Items Recommended for Consent AlZenda:
1. PW 2011-01 Water Department Report for November 2010
2. PW 2011-02 Water Department Report for December 2010
New Business:
1. PW 2011-03 Stagecoach Crossing—Earthwork Letter of Credit Expiration
2. PW 2011-04 Bridge Street Coinmons (1155-1185 N. Bridge) —Pennanent Watermain
Easement
3. PW 2011-05 Verizon Wireless —Water Tower Lease Agreement
4. PW 2011-06 Sewer Infrastructure Improvement and Maintenance Fee
5. PW 2011-07 Downtown Parking Lot—Engineering Amendment#1
Old Business:
1. PW 2010-47 Proposed Revisions to Nuisance Ordinance— Weeds and Property
Maintenance
2. PW 2010-77 Parkway Tree Program Discussion
Additional Business:
2010/2011 City Council Goals
Public Works Committee
Goal Elected Officials Staff
Rob Fredrickson/
Infrastructure planning. Sutcliff/Plocher Joe Wywrot/Eric Dhuse/
Krysti Barksdale-Noble
Trail planning and pedestrian (with Park Board.) Werderich/Golinski Laura Schraw/Bart Olson/
Joe Wywrot
Development slow-down issues. Teeling/Gilson Krysti Barksdale-Noble/
Joe Wywrot
UNITED CITY OF YORKVILLE
WORKSHEET
PUBLIC WORKS COMMITTEE
Tuesday, January 18, 2011
6:30 PM
CITY CONFERENCE ROOM
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MINUTES FOR CORRECTION/APPROVAL:
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1. November 16, 2010 2. December 21, 2010
❑ Approved ❑ Approved
❑ As presented ❑ As presented
❑ With corrections ❑ With corrections
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ITEMS RECOMMENDED FOR CONSENT AGENDA:
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1. PW 2011-01 Water Department Report for November 2010
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
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2. PW 2011-02 Water Department Report for December 2010
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
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NEW BUSINESS:
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1. PW 2011-03 Stagecoach Crossing—Earthwork Letter of Credit Expiration
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
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2. PW 2011-04 Bridge Street Commons (1155 — 1185 N. Bridge)—Permanent Watermain Easement
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
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3. PW 2011-05 Verizon Wireless—Water Tower Lease Agreement
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
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4. PW 2011-06 Sewer Infrastructure Improvement and Maintenance Fee
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
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5. PW 2011-07 Downtown Parking Lot—Engineering Amendment#1
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
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OLD BUSINESS:
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1. PW 2010-47 Proposed Revisions to the Nuisance Ordinance—Weeds and Property
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
2. PW 2010-77 Parkway Tree Program Discussion
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
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ADDITIONAL BUSINESS:
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Agenda Item Summary Memo
Title: Minutes of the Public Works Committee–November 16, 2010
Meeting and Date: Public Works– 1/18/11
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Approval
Submitted by: Minute Taker
Name Department
Agenda Item Notes:
DRAFT
UNITED CITY OF YORKVILLE
800 Game Farm Road
Yorkville, IL 60560
PUBLIC WORKS COMMITTEE MEETING
City Hall, Conference Room
Tuesday, November 16, 2010 — 6:30 P.M.
COMMITTEE MEMBERS PRESENT:
Alderman Plocher
Alderman Gilson
Alderman Munns
Alderman Teeling
OTHERS CITY OFFICIALS PRESENT
Bart Olson—City Administrator
Joe Wywrot - City Engineer
Eric Dhuse—Public Works Director
This meeting was called to order at 6:30pm. The minutes for the August 17, 2010,
September 21, 2010, and October 19, 2010, were unanimously approved.
Items Recommended for Consent Agenda:
1. PW 2010-70 Water Department Report for July 2010
2. PW 2010-71 Water Department Report for August 2010
It was requested that item#2 under Old Business be moved to the top of the
agenda for discussion.
PW 2010-84 Raintree Village Units 2 & 3 —Warranty Bond Release
The Committee agreed with the City Engineers recommendation to allow the
warranty bond to expire and release it one week. The Committee recommended
for the Consent Agenda.
Item#2 under Old Business was discussed next.
PW 2010-47 Proposed Revisions to the Nuisance Ordinance (Weeds and Grass)
Although City Park Designer Schraw had requested that this item be tabled,
Aldennan Tilman asked that the Committee discuss the issue as members of the
community, Mr. & Mrs. Tomse, were present to discuss their concerns with a
property in their neighborhood.
1
The current policy issue is whether or not to allow specific prairie grass plant
mixes to grow beyond 8". A change would enable slow growing prairie grasses to
reach a height of 3 feet. Currently, a variance would be required. The Tomse's
support this recommendation, as the property right next to theirs, has not been
developed and currently is unsightly. Allowing prairie grass to grow would be an
aesthetic improvement.
Alderman Gilson agreed that in the case of the Tomse's, this policy change would
be beneficial, but expressed concerned about allowing this on smaller tracts of
land. Alderman Plocher suggested altering the policy so that is would only be
allowed for properties one acre or larger. After further discussion, the Committee
tabled the issues until the December 21, 2010 meeting.
At this time, the Committee requested to discuss Item#5, under New Business.
PW 2010-74 Cornerstone—Potential Bond Reduction #3
Mr. Pete Huinke, Cornerstone Development Group, is requesting a reduction of
the current $450,000 bond. Mr. Huinke stated they desire to complete the
subdivision as proposed, but based upon existing economic conditions, the project
cannot be completed at present. Mr. Dill, owner, reviewed the manner in which
the proposed development has proceeded and the effect of the current economy on
the completion of this project. The last credit reduction was in October 2004.
Last year, the developer attempted to work with the City to get rid of the letter of
credit. The developer claims they were told to complete the Sewer and Water
punch list and then the credit issue would be resolved. It's been a year, the current
bonds, which represent only 1/3 of the total cost of the project, still exist, but all
that is left is the final lift. Mr. Dill expressed a willingness to proinise to do the
final pave in the Spring, but he is requesting a release of the bonds. Currently, he
is unable to pay the existing bonds.
City Engineer Wywrot tried to summarize current situation and his
recommendation. He noted in the past the City had eliminated letters of credit for
when only parkway trees and sidewalks remained. However, the City no longer
does this as they consider trees and sidewalks as land improvements. Though
typically builders are responsible for these items, it is administratively prohibitive
to hold individual builders responsible. City Engineer Wywrot stated that in order
to protect the City's interest, the $400,000 plus bond is not excessive.
Aldennan Plocher stated his agreement with Engineer Wywrot. The bonds exist
for a reason. Alderman Gilson stated that he is very interested in seeing the
subdivision completed; however, the City must keep the protections in place. Mr.
Dill feels he was mislead by the City when he asked what he needed to do to get
2
off the letter of credit. He feels he completed the items he was he was told to; but
the City is not unwilling to release the bonds.
The Public Works Committee determined that they would not release the bonds as
requested by the developer.
At this tune, the Committee returned to the normal agenda.
New Business
1. PW 2010-67 Updated 6-Year Capital Improvement Program
City Engineer Wywrot explained that the document is divided into Water,
Sanitary, Roads and Misc. improvements. There is a lot of work; however, it is
recognized that this is a long term projection. It is a work in progress and enables
the City to plan for the future whenever monies are available. Projects were
prioritized as to what projects are coming up as well as engineering work that
needs to be done in order to position the City for federal monies.
City Engineer Wywrot noted that the City's salt dome project was deleted but
instead but a project to buy into the County's salt dome project as added. This
would be a great future cost savings for the City, allowing for salt storage without
the cost of building our own facility. Public Works Director Dhuse noted this
would enable us to be able to buy salt after season at a greater cost savings
because we would have a place to store the salt.
2. PW 2010-69 River Road Bridge Replacement—Intergovernmental
Agreement
The proposed intergovernmental agreement with Kendall County would is
designed so that the County covers 80% of the cost of Phase 1 & 2 Engineering
and the City 20%. The county has agreed to front fund the our share until next
fiscal year at which time we would repay them from MFT next year. The
estimated total of the city obligation would be around $600,000.
City Manager Olson explained that there is approximately $400,000 in the MFT
that could be pledged with an additional $350,000 from the State Illinois Jobs
Now Program. This project addresses the urgent need for the bridge repair.
Alderman Gilson clarified that the proposed city contribution, of approximately
$600,000 includes everything. Engineer Wywrot reiterated that this money covers
all three phases of the project. Alderman Gilson expressed his concerns that the
existing MFT funds could be used for other projects such as patching, salt, etc. He
is not sure that this project should be a priority.
3
Manager Olson pointed out that using the MFT funds as well as funding from the
Illinois Jobs Now program should provide enough funding for this project. He
assured the Committee that the City should be able to sustain current and existing
obligations. The Committee agreed to move the item forward for discussion.
3. PW 2010-72 Game Farm/Somonauk Project—Eng. Supplement#2,
Federal Participation Agreement& MFT Appropriate Resolution
The supplemental request is in the amount of$16,810 for items performed beyond
the original scope in the agreement. The initial request was for approximately
$21,000, but after further discussion, the amount was decreased to the current
request. The work that was done was justified, and in some cases, perfonned at
our request. Because this work was done now, there will cost savings in the
future. Funding for the additional cost can come from the MFT. The Committee
agreed to move the item forward to the Consent Agenda.
4. PW 2010-73 Cozy Corner Subdivision —Final Acceptance and Bond/LOC
Reduction
This item would recommend final approval and acceptance of the Cozy Corner
subdivision, and reductions to the corresponding bond and letter of credit. The
Committee agreed and recommended it be moved to the Consent Agenda.
6. PW 2010-75 Proposed Revisions/Clarifications to Letter of Credit Policy
Engineer Wywrot stated that part of his recommendation included a provision that
would not require a warranty period for privately-owned land improvements (such
as private parking lots, stone sewer, some landscaping, etc) and that are not
regional in nature.
Aldennan Gilson requested clarification regarding the teen regional in nature.
Engineer Wywrot stated that regional improvement impact more than just the
existing property(i.e. landscape buffer). Regional items are public items, such as
stone water basins or public improvements associated with the development.
However, parking lot lighting, parking light landscaping, are private and the city is
not obligated for these items. In addition, other than landscaping, the potential for
those types of items to fail in the first year is negligible. Alderman Gilson wanted
to understand why this was being proposed. Engineer Wywrot stated that a few
developers have requested. The change would create a way to help out developers
without cost to the City. Alderman Plocher doesn't see any harm in this change.
Engineer Wywrot stated this could be modified to not exempt landscaping. The
Committee stated this item could be forwarded to the Council.
4
Engineer Wywrot also noted there are additional issues in the document for which he is
seeking guidance. Item #1 in this memo would require letters of credit for properties that
do not subdivide. The Committee all agreed to this change. Item#3 would change the
threshold for the reductions made administratively. The recommendation would allow
staff to release the bond at the end of the warranty period if the warranty bond is less than
$1 million. Essentially, staff is looking for clarification. This item will be forwarded for
discussion.
7. PW 2010-77 Parkway Tree Program
Clarification is desired regarding the eligibility of residents that live in unaccepted
subdivisions to participate in the parkway tree replacement program. Manager Olson
stated that the resident would be paying for the cost of tree and the Village for the man
hours, but essentially, the developer would be let off the hook. However, there have been
many people who have requested this option. There is a maximum of 36 trees provided
for this program, so the cost be negligible.
It was recommended that staff draft language that would create a tree bank policy by the
developer in addition to allowing these residents to participate in the Parkway Tree
program.
8. PW 2010-78 Temporary Easement—102 East Washington Street
This easement would allow for the relocation of the water and sanitary services for 102
East Washington. The Committee recommended approval and forward to the Consent
Agenda.
9. PW 2010-79 802 South Bridge Street—Bond Expiration
Alderman Gilson wanted to ensure this would be enough money. Engineer Wywrot
stated that lot could be accomplished with the money including restoration.
10. PW 2010-80 Prairie Meadows— Warranty Bond Release
The one-year warranty period officially expires on December 22, 2010. The warranty
punch list has been completed and staff is recommending to let the warranty just expire
and take no additional action. The Committee agreed to move this to the City Council.
11. PW 2010-81 Route 47 Project—Proposed Detour Route
The Committee approved this item for the Consent Agenda.
12. PW 2010-82 Illinois Prevailing Wages Discussion
Alderman Gilson presented an article regarding prevailing wages and asked if some of
the exemptions presented in the article need to be added to our existing policy or if we
5
need to have our Attorneys review it. Administrator Olson stated that like many
communities, the language we use is all encompassing, placing the responsibility on
Contractors. Alderman Gilson requested that this item be brought back with staff and
attorney comment.
13. PW 2010-83 Public Works Committee Meeting Dates for 2011
The Committee approved the proposed meeting dates but agreed to review after the
election and the assignment of new committees.
Old Business
1. PW 2010-65 Fountain Village—Punch List Review and Sitework Letter of
Credit Reduction No. 1
This item was brought back and now includes the punch list. Alderman Gilson stated that
he would like to have punch lists included with any reduction requests. Public Works
Director Dhuse stated that in the future, a punch list or a detailed description of what has
been completed will be provided. The Committee requested that this item be forwarded
to the Consent Agenda.
Additional Business
Alderman Plocher had one item regarding the expiration of letters of credit. He
wondered if there was a way these could just be called without having to bring them
before the Committee. Manager Olson stated it would require a Resolution and the
Committee requested that a Resolution be presented to the Committee at their next
meeting.
Alderman Gilson noted that State HR-5320, which increases funding for drinking water.
might apply to the City. In addition, this may provide funding for future revolving loans.
He forwarded the information to staff for their review and comment.
There be no further business, the Committee adjourned at 8:40pm.
Minutes Respectfully Submitted by:
Kristia RM Leyendecker
Minute Taker
6
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Agenda Item Summary Memo
Title: Minutes of the Public Works Committee—December 21, 2010
Meeting and Date: Public Works— 1/18/11
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Approval
Submitted by: Minute Taker
Name Department
Agenda Item Notes:
ORA
PUBLIC WORKS COMMITTEE MEETING
Tuesday, December 21, 2010
6:30 pm
City Hall Conference Room
Committee Members:
Chairman Joe Plocher Alderman Diane Teeling
Alderman George Gilson
City Staff
Eric Dhuse- Director of Public Works
Joe Wywrot—City Engineer
Bart Olson—City Administrator
Laura Schraw—Community Development
Others Present
Tony Scott—Kendall County Record
The meeting was called to order by Chairman Plocher at 6:30pm.
Minutes for Correction/Approval June 15, 2010
The minutes were approved as read.
Items Recommended for Consent Agenda
1. PW 2010-85 Water Department Report for September 2010
2. PW 2010-86 Water Department Report for October 2010
Both items were recommended to move to Council consent agenda.
Old Business:
1. PW 2010-47 Proposed Revisions to Nuisance Ordinance— Weeds and Property
Maintenance
Eric Dhuse said he was asked to put together a recommendation of minimum areas he
thought would be conducive to certain types of planting and he asked the committee for
further input. Alderman Gilson said he feels the ordinance revisions would become an
upkeep problem. Buffalo grass was suggested as a possible planting by Alderman
Teeling,however, it was noted that it was very expensive. Prairie grasses were also
suggested. Ms. Teeling added that the concern of most people is that visibility is limited
traveling around corners where there are tall grasses or weeds.
Alderman Gilson also said he thought the mosquito population would increase with taller
grasses. However, it was noted that any such increases are water-driven. Minimum area
1
sizes for the plantings were discussed with suggestions of 3/ , 1.5 and 2 acres. Ms.
Teeling also noted that EPA has guidelines for erosion control and that chemical usage
would not be proper for weed control.
Ms. Schraw suggested language regarding thistle maintenance.
Proper enforcement of mowing etc. was questioned by Gilson. Bart Olson said 150
mowing invoices were sent out last year and there were annroximately 300-400
complaints.
It was decided that language would be added for thistle control.
2. 2010-77 Parkway Tree Program Discussion
Eric stated this program was to allow residents in unaccepted subdivisions to participate
in the program for tree replacement. The committee had also asked that developers be
liable for replacing trees as well.
Alderman Gilson asked how individual trees would be tracked. Eric explained that if a
resident volunteered to replace a tree rather than wait for a developer to do so, the tree
invoice would be placed on a punchlist if the tree was not paid for by the developer. Or
the developer could also be responsible for a tree in another location. The City will water
the trees one time and City personnel will also remove dead trees. It was noted that 15
people called last year to take part in this program. A report of the tree plantings etc.
would be made at the end of the year.
This item will be revised and brought back to the January Public Works meeting.
3. PW 2010-82 Illinois Prevailing Wages Discussion
There was no discussion and this item will return to the January Public Works meeting.
New Business
1. PW 2010-87 Route 47 Widening—Resolution for Right-of-Way Conveyance
Mr. Wywrot said this is a request from IDOT for the City to convey a strip of land at the
northwest corner of Countryside Parkway and Rt. 47. This is an open space buffer and he
recommended that this be conveyed at no cost since the City acquired it from a previous
developer. This item will move to the consent agenda.
2. PW 2010-88 2010 Miscellaneous Bituminous Patching—Change Order V
This is a final balance and change order for this project. The bid price was $59,000 and
the final amount was $52,500. Wywrot recommended approval and this will move to the
December 28th consent agenda.
3. PW 2010-89 Bristol Bay Units 1, 2 & 6— Warranty Bond Release
A warranty punchlist inspection was done with some minor issues being fixed. Wywrot
recommended release of the bonds and this will move to consent.
2
4. PW 2010-90 Private Improvements in the Right-of-Way
Mr. Olson said this item relates to curb painters. After speaking with other
municipalities,he said those towns prohibit curb painting and have language in the City
code since it can create maintenance and other issues. Bart will draft an ordinance
amendment to include tree removal and language to prohibit curb painting. This item
will move forward to the January 11th consent agenda.
5. PW 2010-91 Vehicle Registrations for Road Maintenance Fund
A resident suggestion had been made to allow for $10 vehicle stickers with revenue being
applied to road improvements. Gilson voiced his opposition to this. It was noted that the
City did have this program at one time.
It was estimated that there are 10,000 vehicles in town and that would generate$100,000.
Mr. Olson said the cost of design and printing would be roughly$50,000. He said that an
additional tax such as this would not be well-received since no service is provided. It
was thought that this previous program was discarded because it was not properly
administered and it became a burden.
Alderman Plocher suggested looking into this further and Mr. Olson further stated that
many revenue ideas would be discussed in upcoming meetings.
Additional Business
There was no further business and the meeting was adjourned at 7:12pm.
Minutes by Marlys Young
3
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Agenda Item Summary Memo
Title: Water Department Report for November 2010
Meeting and Date: Public Works— 1/18/11
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Approval
Submitted by: Brian Sorensen Water
Name Department
Agenda Item Notes:
Cl United City of Yorkville
WATER DEPARTMENT REPORT
NOVEMBER 2010
MONTH/YEAR
WELLS
NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE
FEET FEET FEET GALLONS
3 1335 501 204 0
4 1393 542 188 10,682,000
7 1500 883 553 3,294,900
8 1500 861 477 20,000
9 1500 1125 576 28,222,000
TOTAL 42,218,900
CURRENT MONTH'S PUMPAGE IS 7,274,700 GALLONS LESS THAN LAST MONTH
5,493,700 GALLONS MORE THAN LAST YEAR
DAILY AVERAGE PUMPED: 1,406,800 GALLONS
DAILY MAXIMUM PUMPED: 2,110,000 GALLONS
DAILY AVERAGE PER CAPITA USE: 87.9 GALLONS
WATER TREATMENT
CHLORINE FED: 1267.5 LBS. CALCULATED CONCENTRATION: 3.5 MG/L
FLUORIDE FED: 444.1 LBS. CALCULATED CONCENTRATION: 0.23 MG/L
POLY PHOSPHATE 741.5 LBS. CALCULATED CONCENTRATION: 0.27 MG/L
WATER QUALITY
AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
BACTERIOLOGICAL: 18 SAMPLES TAKEN 18 SATISFACTORY 0 UNSATISFACTORY (EXPLAIN)
FLOURIDE: 3 SAMPLE(S)TAKEN CONCENTRATION: 1.05 MG/L
MAINTENANCE
NUMBER OF METERS REPLACED: 6 NUMBER OF LEAKS OR BREAKS REPAIRED: 2
MXU'S 6
NEW CUSTOMERS
RESIDENTIAL: 4 COMMERCIAL: 0 INDUSTRIAL/GOVERNMENTAL: 0
COMMENTS
3 water main breaks in the month of November. 203 Church St, 710 N Bridge St, &314 Walter St
Lost 1,300,000 gallons of water due to main breaks.
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Agenda Item Summary Memo
Title: Water Department Report for December 2010
Meeting and Date: Public Works— 1/18/11
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Approval
Submitted by: Brian Sorensen Water
Name Department
Agenda Item Notes:
United City of Yorkville
1836
WATER DEPARTMENT REPORT
E k 2010
MONTH/YEAR
WELLS
NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE
FEET FEET FEET GALLONS
3 1335 501 204 0
4 1393 542 189 10,645,000
7 1500 883 554 3,301,600
8 1500 861 478 32,000
9 1500 1125 576 26,988,000
TOTAL 40,966,600
CURRENT MONTH'S PUMPAGE IS 1,252,300 GALLONS LESS THAN LAST MONTH
3,427,100 GALLONS MORE THAN LAST YEAR
DAILY AVERAGE PUMPED: 1,320,500 GALLONS
DAILY MAXIMUM PUMPED: 1,981,600 GALLONS
DAILY AVERAGE PER CAPITA USE: 82.5 GALLONS
WATER TREATMENT
CHLORINE FED: 1207 LBS. CALCULATED CONCENTRATION: 3.5 MG/L
FLUORIDE FED: 429 LBS. CALCULATED CONCENTRATION: 0.24 MG/L
POLYPHOSPHATE 717.7 LBS. CALCULATED CONCENTRATION: 0.72 MG/L
WATER QUALITY
AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
BACTERIOLOGICAL: 18 SAMPLES TAKEN 18 SATISFACTORY 0 UNSATISFACTORY (EXPLAIN)
FLOURIDE: 3 SAMPLE(S)TAKEN CONCENTRATION: .99 MG/L
MAINTENANCE
NUMBER OF METERS REPLACED: 8 NUMBER OF LEAKS OR BREAKS REPAIRED: 4
MXU'S 3
NEW CUSTOMERS
RESIDENTIAL: 1 COMMERCIAL: 1 INDUSTRIAL/GOVERNMENTAL: 0
COMMENTS
4 water main breaks in the month of December, 1407 Cannonball Trl 113 N Conover Ct, 201 W Somonauk St,
& 118 S Conover Ct. 1,500,000 gallons of water lost due to main breaks.
Reviewed By: Agenda Item Number
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Agenda Item Summary Memo
Title: Stagecoach Crossing-Earthwork Letter of Credit Expiration
Meeting and Date: Jan. 18, 2011 Public Works Committee
Synopsis: We have been notified of the pending expiration of the earthwork LOC for this
development. Recommend calling the LOC if it is not renewed by April 15, 2011.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Approval
Submitted by: Joe Wywrot Engineering
Name Department
Agenda Item Notes:
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EST � 1836 To: Bart Olson, City Administrator
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Date: January 7, 2011
Subject: Stagecoach Crossing—Earthwork Letter of Credit Expiration
Attached find a notice from First Midwest Bank that Letter of Credit No.150017273-201 for the
referenced development will expire on April 30, 2011. This letter of credit,in the amount of
$26,039.10, is to guarantee satisfactory completion of earthwork and erosion control work items
for the project.
We will notify the developer that this letter of credit needs to be renewed, and I anticipate that it
will. In the meantime,however, I recommend that City Council authorize the City Clerk to call
the letter of credit if it is not renewed prior to April 15,2011.
Please place this item on the Public Works Committee agenda of January 18, 2011 for
consideration.
ORIGINAL First Midwest Bank
300 North Hunt Club Road
Gurnee,Illinois 60031
First Midwest
December 17, 2010
Sent by Certified Mail, Return Receipt Number 7007 2680 0001 3309 7911
City of Yorkville
Attn: City Clerk
800 Game Farm Road
Yorkville, IL 60560
Re: First Midwest Bank
Letter of Credit No. 150017273-201
Saravanos Properties, LLC
Gentlemen:
In accordance with the terms and conditions of the above referenced Letter of Credit issued in
your favor in the current amount of $26,039.10, we hereby inform you of the impending
expiration date of April 30, 2011.
S ncerely, ^
e Chavez
Documentation Review Specialist
cc: Saravanos Properties, LLC
Brian Minnis
Saved as:Saravanos Properties Imp ExpNot 20].doc
12t
QUAL HOUSING
LE NDER Member FDIC
LENDER
'D CIP Reviewed By: Agenda Item Number
O� Legal ❑ NB #2
Finance ❑
EST. '� ��1836 Engineer ■
g Tracking Number
v, City Administrator ■
0� Ili
C-�� �O Consultant El K ` PW 2011-04
<L E ❑
Agenda Item Summary Memo
Title: Bridge Street Commons (1155-1185 N. Bridge)—Permanent Watermain Easement
Meeting and Date: January 18, 2011 Public Works Committee
Synopsis: This proposed easement will allow the connection of two dead-end watermains
at the Rt.47/Landmark intersection.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Approval
Submitted by: Joe Wywrot Engineering
Name Department
Agenda Item Notes:
CIP
Memorandum
N
EST. -'= 1836 To: Bart Olson, City Administrator t --
~ From: Joe Wywrot, City Engineer
CC: Lisa Pickering, Deputy City derk�
Kaftlal COUmy `
�1L.-E �o'v Date: January 12, 2011
Subject: Bridge Street Commons (1155-1185 N. Bridge)
Permanent Watermain Easement
Attached find one copy of a proposed watermain easement across the front of the referenced
property,which is located on the west side of Route 47 and immediately south of Landmark
Avenue. The purpose of the easement is to allow connection of two dead-end watermains near
this location.
In the 1980's the city constructed a watermain from Sunset Avenue to Route 47 and then south
to the south line of the Bridge Street Commons property. While easements were obtained from
the property owner to the north, an easement was not obtained from Bridge Street Commons.
About 10 years ago the developer of Yorkville Marketplace (where the Jewel store is located)
constructed a watermain along Landmark Avenue, which was ended just east of Route 47. We
would like to connect these two dead-end watermains to provide more reliable and better quality
water service to this area.
The connecting watermain is scheduled to be constructed as part of IDOT's Route 47 project,but
IDOT requires that we have a recorded easement before they will allow their contractor to enter
onto the property. Consequently,we contacted the property owner and negotiated the attached
easement. In consideration of granting the easement,we obtained IDOT's permission to allow
connection of a future private storm sewer(to be constructed by Bridge Street Commons)to the
new storm sewer that IDOT will construct along Route 47. These new storm sewers will help
relieve chronic drainage problems in this area. We also offered to waive city fees up to a
maximum of$1000 related to the extension of that future private storm sewer.
I recommend that this permanent watermain easement be approved and recorded. Please place
this item on the January 18, 2011 Public Works Committee for consideration.
PLAT OF WATERMAIN EASEMENT
PART OF THE SOUTHWEST QUARTER OF SECTION 28-37-7
YORKVILLE, KENDALL COUNTY, ILLINOIS
1
2 sion
Ubdlvl I EASEMENT PROVISIONS
50 perky IS 492.77, I N A NON-EXCLUSIVE EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO THE UNITED
CITY OF YORKVILLE, ILLINOIS TO CONSTRUCT, INSTALL, RECONSTRUCT, REPAIR, REMOVE,AND DISTRIBUTION
AND y 426.63 00 WITHINC THE AREAS ESHOWNCION ETHE OPLATi ASTRWATERMA NN EASEMENT", TOGETHERF WITH WATER
A
k RIGHT OF ACCESS THERETO FOR THE PERSONNEL AND EQUIPMENT NECESSARY AND
C o 0 1 h�• 2 REQUIRED FOR SUCH USES AND PURPOSES.
THE ABOVE NAMED ENTITY IS HEREBY GRANTED THE RIGHT TO ENTER UPON EASEMENTS
%49 9 1 I h S HEREIN DESCRIBED FOR THE USES HEREIN SET FORTH AND THE RIGHT TO CUT, TRIM, OR
m o. O ^� 9*. "' O REMOVE ANY TREES, SHRUBS OR OTHER PLANTS WITHIN THE AREAS DESIGNATED AS
\ "WATERMAIN EASEMENT" WHICH INTERFERE WITH THE CONSTRUCTION, INSTALLATION,
�p o G 0 RECONSTRUCTION, REPAIR, REMOVAL, REPLACEMENT, MAINTENANCE AND OPERATION OF
THEIR UNDERGROUND TRANSMISSION AND DISTRIBUTION SYSTEMS AND FACILITIES
234.52 eo APPURTENANT THERETO. NO PERMANENT BUILDINGS, STRUCTURES, OR OBSTRUCTIONS SHALL
247.83' O O BE CONSTRUCTED IN, UPON, OR OVER ANY AREAS DESIGNATED AS 'WATERMAIN EASEMENT",
j 48 3.0' BUT SUCH AREAS MAY BE USED FOR GARDENS, SHRUBS, TREES, LANDSCAPING, DRIVEWAYS,
I+o` HEREIN DER RELA ED PURPOSES THAT DO NOT UNREASONABLY INTERFERE WITH THE USES
20' Proposed c'O THE OCCUPATION AND USE OF THE NON-EXCLUSIVE EASEMENT HEREIN GRANTED AND
•. Watermain Easement V
>; RESERVED FOR THE ABOVE NAMED ENTITIES BY EACH OF SUCH ENTITIES SHALL BE DONE
J 'J IN SUCH A MANNER SO AS NOT TO INTERFERE WITH OR PRECLUDE THE OCCUPATION AND
V I USE THEREOF BY OTHER ENTITIES FOR WHICH EASEMENTS ARE GRANTED AND RESERVED.
THE CROSSING AND RECROSSING OF SAID EASEMENT SHALL BE DONE IN SUCH A MANNER
Ts So AS NOT TO INTERFERE WITH, DAMAGE, OR DISTURB ANY TRANSMISSION AND
DISTRIBUTION SYSTEMS AND FACILITIES APPURTENANT THERETO EXISTING WITHIN THE
h
EASEMENTS
SHALL CROSSED OR GE RECROSSED.. NO USE OR OCCUPATION OF SAID EASEMENT
LL
--- - FOLLOWING ANY WORK TO BE PERFORMED BY THE-UNITED CITY OF-YORKVILLE IN-THE
' EXERCISE OF ITS EASEMENT RIGHTS HEREIN GRANTED, SAID CITY SHALL RESTORE THE
A. GROUND SURFACE TO PRE-EXISTING CONDITIONS.
O /.O
09h o
Walnut Street
1"=1001 455.5 /
�4 0 0.6
Legal Description• /00 orthwest comer of
The easterly 20.0 feet of that part of the Southwest Lot 4, Block 2 of
Quarter of Section 28, Township 37 North, Range 7 ��
Gate's Addition
East of the Third Principal Meridian lying westerly of v
and adjoining the westerly right-of-way line of li
Illinois State Route No. 47 and lying southerly of
Perkins Subdivision, Bristol Township, Kendall County, O
Illinois and northerly of a line drawn parallel with y BRIDGE STREET COMMONS (K&K WELL DRILLING)
said South line from a point on the centerline of L
Illinois Route No. 47 which Is 151.87 feet southerly m WATERMAIN EASEMENT
of the intersecflon of sold South line and said
centerline, as measured along sold centerline, In the
United City of Yorkville, Kendall County, Illinois. DRN. BY' JCD I UNITED CITY OF YORKVILLE SHEET NO.
DATE: 8/11 10 REV: 11 17 10 1"=100' 1 of 2
PLAT OF WATERMAIN EASEMENT
PART OF THE SOUTHWEST QUARTER OF SECTION 28-37-7
YORKVILLE, KENDALL COUNTY, ILLINOIS
O W N E R S H I P C E R T I F I C A T E N 0 T A R Y C E R T I F I C A T E
STATE OF STATE OF 61.01 S )
` 99 ) 99
COUNTY OF P nQL _' COUNTY OF )
THIS IS TO CERTIFY THAT BRIDGE STREET COMMONS, LLC. IS THE OWNER OF THE C®I II A. K p fi rr, A NOTARY PUBLIC IN AND FOR THE
PROPERTY DESCRIBED IN THE FOREGOING SURVEYOR'S CERTIFICATE AND HAS CAUSED I•
THE SAME TO BE SURVEYED, SUBDIVIDED, AND PLATTED AS SHOWN HEREON FOR COUNTS ND STATE FORESAID, DO HEREBY CERTIFY THAT
THE USES AND PURPOSES HEREIN SET FORTH AS ALLOWED AND PROVIDED FOR BY // \\
STATUTE, AND DOES HEREBY ACKNOWLEDGE AND ADOPT THE SAME UNDER THE ��- C hj I�Iye f+hat
STYLE AND TITLE THEREON INDICATED. THE UNDERSIGNED HEREBY DEDICATES FOR -
PUBLIC USE THE LANDS SHOWN ON THIS PLAT FOR WATERMAIN EASEMENT.
PERSONALLY KNOWN TO ME TO BE THE MANAGER OF BRIDGE STREET COMMONS, LLC
THE UNDERSIGNED FURTHER CERTIFY THAT ALL OF THE LAND INCLUDED IN THIS AS SHOWN ABOVE, APPEARED BEFORE ME THIS DAY AND ACKNOWLEDGED THAT AS
PLAT LIES WITHIN THE BOUNDARIES OF YORKVILLE COMMUNITY UNIT SCHOOL SUCH OFFICER, HE SIGNED AND DELIVERED THE SAID INSTRUMENT AND CAUSED THE
DISTRICT 115. CORPORATE SEAL TO BE AFFIXED THERETO AS HIS FREE AND VOLUNTARY ACT AND
�}���,�,,�'' "" AS THE FREE AND VOLUNTARY ACT OF SAID CORPORATION, FOR THE USES AND
DATED AT YO 1 IWNO THIS �_ DAY OF J!(,rvipoliA_ 20�. PURPOSES THEREIN SET FORTH. //��p���{{,,
BY: l ` , GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS -0LQ�DAY OF
MANAGER C.M to 201 .
ICIAL SEA
L"
KELLY A. KNIERIM
TARY PUBLIC,STATILLINOIS
MY COMMISSION EXPIRES 23J201
1
CITY C O U N C I L C E R T I F I C A T E NOTARY PUBLIC O
STATE OF ILLINOIS ) RECORDER ' S CERTIFICATE
)as
COUNTY OF KENDALL) STATE OF ILLINOIS)
APPROVED AND ACCEPTED BY THE MAYOR AND CITY COUNCIL OF THE )39
COUNTY OF KENDALL )
UNITED CITY OF YORKVILLE, ILLINOIS, THIS DAY OF , 20- THIS INSTRUMENT N0. WAS FILED FOR RECORD
ATTEST:
IN THE RECORDER'S OFFICE OF KENDALL COUNTY, ILLINOIS, ON THIS
MAYOR CITY CLERK DAY OF , 20 , AT O'CLOCK _.M.
KENDALL COUNTY RECORDER
BRIDGE STREET COMMONS (K&K WELL DRILLING)
WATERMAIN EASEMENT
DRN. BY: JCD UNITED CITY OF YORKVILLE SHEET NO.
DATE: 8/11 10 REV: 12/15/10 1 NO SCALE 2 of 2
`,QED C/Tr Reviewed By: Agenda Item Number
J - O� Legal ❑ NB #3
esr. yeas Finance ❑
i�
-< I�,; City Administrator
El Agenda Item Tracking Number
0� -,a-a, �6 Consultant ❑
���CaM PW 2011-OS
��
Comm. Development ■
City Council Agenda Item Summary Memo
Title: Verizon Wireless—Water Tower Lease Agreement
Meeting and Date: PW/January 18, 2011
Synopsis: Draft of proposed land lease agreement for a new telecommunications antenna(s) and
equipment installed on a city water tower located at 3099 Lehman Crossing.
Council Action Previously Taken:
Date of Action: N/A Action Taken: N/A
Item Number: N/A
Type of Vote Required: None
Council Action Requested: Informational Item
Submitted by: Krysti Barksdale-Noble, AICP Community Development
Name Department
Agenda Item Notes:
See attached staff memorandum.
C/r a Memorandum
AA
J It To: Public Works Committee
EST. -�ti jags From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
0,0 C11�erx1 ` Date: January 3, 2011
K.°°.`°°"" Subject: Verizon Wireless—Water Tower Lease Agreement
<LE ��� Proposed Lease Agreement for a new telecommunications antenna
installed on a city water tower at 3099 Lehman Crossing.
Verizon Wireless is requesting to enter into a land lease agreement with the City of
Yorkville for the purposes of installing a new telecommunications antenna structure and related
equipment on the city's water tower located at 3099 Lehman Crossing in Yorkville. As proposed,
Verizon Wireless will lease a yet to-be-determined area of the property for the antenna, any
needed mounting structures and other related equipment, and access easement for an initial 5-
year lease term with an option for up to three (3) additional 5-year terms for a total of up to 20
years. Verizon is proposing an annual lease rental rate of$21,600.00 with a yearly rent increase
of two percent (2%).
The water tower, which was constructed in 2004, is approximately 171.58' feet tall and
part of the the Grande Reserve Unit 8 development. Currently, the city has an existing
Supervisory Control and Data Acquisition (SCADA) system antenna on the water tower and
adjacent treatment facility which transmits information to the Public Works control center. All
design elements of the antenna, equipment shelter and other proposed improvements will be
reviewed by the various city departments and will be required to obtain a building permit. An
aerial along with digital photographs of the water tower have been provided for your reference.
Section 10-15-4B of Yorkville's City Code permits telecommunication towers and
antennas to be located on city-owned, leased or otherwise controlled land without special zoning
approval, provided that a lease authorizing such tower and/or antenna has been approved by the
city. Therefore, the proposed terms of the attached draft lease agreement is currently under
review by the city attorney and will most likely be revised, however, it is being provided to the
Public Works Committee as an informational item as rental proceeds from the lease will be
allocated to the Public Works Capital Fund.
1
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United C of Yorlirvllle GfS ThO Data 1s provided wtthout warranty°rwq"epresenfenon of N
City accuracy,timeliness,or complehnsss,It Is the rrapon"W&of the
Parcel Data and Aerial Photography Oftquester"to deh►mine accuracy,Lfineuness,completeness,and w s
Provided By Kendall County G1S eppmprhhrress of Its use.The united city ofYor*vpte makes no
wananNes,expressed or Implied,to the use of the Dah. s
Prepared by and upon recording
Please return to:
Ginsberg Jacobs LLC
300 South Wacker Drive
Suite 2450
Chicago, Illinois 60606
Attn: Steven F. Ginsberg, Esq.
Site Name: West Oswego
MEMORANDUM OF WATER TOWER LEASE AGREEMENT
This Memorandum of Water Tower Lease Agreement is made this day of ,
2011, between The United City of Yorkville, an Illinois municipal corporation, hereinafter designated
Landlord and Chicago SMSA Limited Partnership d/b/a Verizon Wireless with its principal offices at One
Verizon Way, Mail Stop 4AW100, Basking Ridge,New Jersey 07920 (telephone number 866-862-4404),
hereinafter designated Tenant. The Landlord and Tenant are at times collectively referred to hereinafter as
the"Parties"or individually as the"Party".
1. Landlord and Tenant entered into a Water Tower Lease Agreement (the "Lease") on
, 2011 for an initial term of five (5) years, commencing on the
Commencement Date. The Water Tower Lease Agreement shall automatically be extended for
three (3) additional five (5) year terms unless the LESSEE terminates it at the end of the then
current term by giving the LESSOR written notice of the intent to terminate at least ninety (90)
days prior to the end of the then current term.
2. Landlord hereby leases to Tenant a portion of that certain space on the Landlord's Tower, located at
3099 Lehman Crossing, Yorkville, IL 60560, as shown on the Tax Map of the County of Kendall
as a portion of Tax Parcel No. 02-11-300-105 (the entirety of Landlord's property is referred to
hereinafter as the "Property"), together with a ' x ' feet parcel of property containing
approximately �) square feet for the installation of Tenant's equipment
building and other equipment, together with the non-exclusive right for ingress and egress, seven
(7)days a week twenty-four(24)hours a day, on foot or motor vehicle,including trucks, and for the
installation and maintenance of utility wires,poles, cables, conduits, and pipes over,under, or along
a ( )foot wide right-of-way extending from the nearest public right-of-way,
' to the demised premises. The tower space, demised premises and right-of-way are
hereinafter collectively referred to as the "Premises". The Premises are described in Exhibit A
attached hereto and made a part hereof, and as shown on the plat of survey attached hereto and
incorporated herein as Exhibit B.
1
Memorandum of Water Tower Lease Agreement—West Oswego
3. The Commencement Date of the Lease, of which this is a Memorandum, is
4. The terms, covenants and provisions of the Lease, the terms of which are hereby incorporated by
reference into this Memorandum, shall extend to and be binding upon the respective executors,
administrators, heirs, successors and assigns of Landlord and Tenant.
[Signature Page Follows]
2
Memorandum of Water Tower Lease Agreement—West Oswego
IN WITNESS WHEREOF, hereunto and to a duplicate hereof, Landlord and Tenant have caused
this Memorandum to be duly executed on the date first written hereinabove.
Landlord:
United City of Yorkville
By:
Name:
Its:
Date:
Tenant:
Chicago SMSA Limited Partnership d/b/a
Verizon Wireless
By: Cellco Partnership, its general partner
By:
Beth Ann Drohan
Its: Area Vice President Network
Date:
3
Memoranda n of Water Tower Lease Agreement—West Oswego
STATE OF ILLINOIS )
ACKNOWLEDGEMENT
COUNTY OF KENDALL )
I, a Notary Public for said County and State, do hereby certify that
personally came before me this day and acknowledged that she/he is the City
of the United City of Yorkville, an Illinois municipal corporation, and s/he, being
authorized to do so, executed the foregoing MEMORANDUM OF WATER TOWER LEASE
C1V1\L.lill l:l\1 aJ 111J/111+1 V W11 act 0.11u uccu ull ucnaii Vl LlL1JJVl\.
WITNESS my hand and official Notarial Seal,this_day of , 2011.
Notary Public
My Commission Expires:
State of Illinois )
ss.
County of Cook )
On 2011, before me, notary public, personally
appeared Beth Ann Drohan, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me
that she executed the same in her authorized capacity, and that by her signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
4
Memorandum of Water Tower Lease Agreement—West Oswego
EXHIBIT A
[WRITTEN METES AND BOUNDS OF THE PREMISES
AND INGRESS/EGRESS AND UTILITY EASEMENT]
(See attached)
5
Memorandum of Water Tower Lease Agreement—West Oswego
EXHIBIT B
[BOUNDARY SURVEY OF THE PREMISES
AND INGRESS/EGRESS AND UTILITY EASEMENT]
(See attached)
Water Tower
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 3099
United City of Yorkville Lehman Crossing,Yorkville,IL 60560.
800 Game Farm Rd. The Property is more specifically
Yorkville,IL 60560 described in Exhibit"A",annexed
hereto.
1.3 Name and Address for Payment of Rent
United City of Yorkville 1.10 Premises
Attn:Bart Olson Landlord hereby leases to and Tenant
800 Game Farm Rd. leases from Landlord,approximately
Yorkville,IL 60560 of the Property,
comprising a portion of the City-
1.4 Landlord's Taxpayer ID owned elevated water storage tower
(the"Water Tower")and all access and
utility easements,if any(the
1.5 Property Identification Numbers "Premises"),as more specifically
02-11-300-105 depicted on Exhibit"B",annexed
hereto.
1.6 Commencement Date
The first day of the month following the 1.11 Lease
Last to occur of. (i)the execution of this This Water Tower Lease Agreement,
agreement or(ii)the Tenant's including
commencement of installation of the Exhibits"A"&`B".
facility,as defined herein
but no later than
December 1,2011. 1.12 Tenant Address
1.7 Term Chicago SMSA Limited Partnership
Five(5)years with three(3) d/b/a Verizon Wireless
additional One Verizon Way, Mail Stop
Five(5)year renewal terms;subject to 4AW 100
Paragraph 3. Basking Ridge, New Jersey
07920
1.8 Rent During First Year Attention: Network Real Estate
See Section 4.1
1.13 Tenant's Notice Address and Contact
1
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
2
THIS WATER TOWER LEASE AGREEMENT (the "Lease"), made this day of
2011,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 3099 Lehman Crossing, Yorkville, IL 60560 and being described as a
parcel containing 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 for access and utility easements (hereinafter collectively referred to as the "Premises") being
substantially as described herein in Exhibit "A"and Exhibit `B" 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 (P) day of the month
following: (a) the date this Lease is executed by the parties or; (b) the date Tenant commences
the installation of its Facility,but no later December 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. The initial term and all extensions shall be
collectively referred to herein as the"Term".
4: Rent
4.1 Annual Rent. The annual rent for this Lease shall be Twenty-One Thousand Six
Hundred and no/100 Dollars($21,600.00)made payable in monthly installments beginning on the
Commencement Date as defined in Paragraph 3.1(the"Rent"). Rent shall be payable monthly in
advance by the first day of the month to Landlord or to such other person, firm or place as
Landlord may, from time to time, designate in writing at least thirty (30) days in advance of any
rental payment date by notice given in accordance with Paragraph 22 below. Rent shall in no
event paid later that the tenth (10'h) day of that month for the Term. Rent for any fractional year
at the beginning or at the end of the Term or Renewal Term shall be prorated. The parties
acknowledge that the first payment of rent("Initial Rent Payment") shall not be sent to Landlord
until thirty(30) days after the Commencement Date.
3
4.2 Late Payments. Rent payments made after the tenth (10`x') 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 (15t1) 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
11101 LL11 LU11Uw111g the w11tiC11 11Vi1Ge. All RCIII PaYMCIUS SUDII11LICU by Tenant.snail first be applied
towards the balance of any outstanding Processing Fees and then to the balance of Rent then due
and payable.
4.3 Annual Rent Increase. The annual rent shall increase two percent (2%) on
each anniversary of the Commencement Date for the duration of the term and any renewal term.
4.4 Performance and Payment 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.
4
5: Use of Property
5.1 Use. Tenant may use the Property only for Tenant's lawful telecommunications
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. Improvements. Tenant may install an antenna structure (including a
mounting structure and equipment) directly affixed to the Water Tower of which the
Premises comprises a portion, together with antennas, equipment (including antenna
mounting structures and equipment), equipment shelters, equipment cabinets and other
enclosures, fencing, equipment, other personal property, fixtures, cables, pipes, conduits,
transmission lines, and utilities; and make any other improvements, subject to the conditions
and approval of the Landlord as provided in this Article, said improvements herein
collectively referred to as the "Facility". Tenant shall have the right to mount up to fifteen
(15) antennas. Tenant may from time to time replace any of these items with new or different
items with the same or different specifications so long as their installation is otherwise in
compliance with the Lease and applicable laws, ordinances and codes.
B. Tenant shall not construct/install Tenant's Facility 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 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 Other Users. This Lease shall not be interpreted to be exclusive and the
Landlord may Lease those portions of the Water Tower and land adjacent to thereto not
occupied by the Tenant's improvements, Facility or use those areas of the Water Tower and
Premises not occupied by the Tenant so long as the equipment installed by another tenant or the
Landlord does not cause physical, mechanical, radio frequency or signal interference with the
Tenant's operation. Such interference shall be deemed a material breach by the Landlord. In the
event that interference occurs, Landlord agrees to take all reasonable steps necessary to
eliminate such interference within a reasonable time period. Landlord shall have the right to
install equipment that is in compliance with all FCC Standards and Regulations. The ground
portion of the Tenant's Premises shall be exclusive as to this tenant. Other ground around the
Water Tower not occupied by the Tenant may be leased by the Landlord subject to the other
conditions of this paragraph.
6: Tenant's Installation
5
6.1 Improvements. 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.
6.2 Workmanlike Construction. Tenant agrees that the installation and any
subsequent Improvements shall be completed in a neat workmanlike consistent with good
All f L_ 11_.:_._ 1___1' 1.__. 1• 1 1 r
G11g111GG1111g �71Q1a1l:eJ. till ITVJLS o1 t11G 111JLQ11QL1U11, 111U1UU111g, OUL 11UL 111111LCQ Ll), Llle GOSI U1
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 and Water Tower. 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 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;
6
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
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
7
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.
9.3 Landlord's Requirements. Landlord shall obtain and keep in force during the
Term a policy or policies insuring against loss or damage to the Water Tower at full replacement
cost, as the same shall exist from time to time without a coinsurance feature. Landlord's policy
a 1aKf -;of policies shall insure aJL ll 11bb V 3.--IU:L �11 NMdl 1VJS 01 da-flu G (except t1G Gills 01
flood
and earthquake unless required by a lender or included in the base premium), including
coverage for any additional costs resulting from debris removal and reasonable amounts of
coverage for the enforcement of any ordinance or law regulating the reconstruction or
replacement of any undamaged sections of the Water Tower required to be demolished or
removed by reason of the enforcement of any building, zoning, safety or land use laws as the
result of a covered loss,but not including plate glass insurance.
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. Landlord asserts that it is the owner of the Water Tower.
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
( ) 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
8
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 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
9
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 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 of damage by fire or other casualty to the Water Tower or Premises that
cannot reasonably be expected to be repaired within forty-five(45) days following same or, if the
Property is damaged by fire or other casualty so that such damage may reasonably be expected to
disrupt Tenant's operations at the Premises for more than forty-five(45)days,then Tenant may,
at any time following such fire or other casualty,provided Landlord has not completed the
restoration required to permit Tenant to resume its operation at the Premises,terminate this Lease
upon fifteen(15) days prior written notice to Landlord. 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. Notwithstanding the foregoing,the rent shall abate during the period of repair
following such fire or other casualty in proportion to the degree to which Tenant's use of the
Premises is impaired.
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)
10
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 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.
11
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 to be 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/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.
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
12
(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
13
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
rropurty of into or upon any land, ille atnlospliele, of aily watuivoLuse, body of wateit 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 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.
29: Tower Compliance
14
Landlord covenants that it will keep the Water Tower in good repair as required by all
Laws (as defined in Paragraph 30 below).The Landlord shall also comply with all rules and
regulations enforced by the Federal Communications Commission with regard to the lighting,
marking and painting of towers. If the Landlord fails to make such repairs including
maintenance the Tenant may make the repairs and the costs thereof shall be payable to the Tenant
by the Landlord on demand together with interest thereon from the date of payment at the greater
of(i)ten percent(10%)per annum, or(ii)the highest rate permitted by applicable Laws. If the
Landlord does not make payment to the Tenant within ten(10)days after such demand,the
Tenant shall have the right to deduct the costs of the repairs from the succeeding monthly rental
amounts normally due from the Tenant to the Landlord.
No materials may be used in the installation of the antennas or transmission lines that will
cause corrosion or rust or deterioration of the Water Tower structure or its appurtenances.
All antenna(s) on the Water Tower must be identified by a marking fastened securely to its
bracket on the Water Tower and all transmission lines are to be tagged at the conduit opening where
it enters any user's equipment space.
Not later than fifteen (15) days following the execution of this Agreement, Landlord shall
supply to Tenant copies of all structural analysis reports that have done with respect to the Water
Tower and throughout the Term, Landlord shall supply to Tenant copies of all structural analysis
reports that are done with respect to the Water Tower promptly after the completion of the same.
Upon request of the Landlord,Tenant agrees to relocate its equipment on a temporary basis to
another location on the Property, hereinafter referred to as the "Temporary Relocation," for the
purpose of Landlord performing maintenance,repair or similar work at the Property or on the Water
Tower provided:
a. The Temporary Relocation is similar to Tenant's existing location in size and is
fully compatible for Tenant's use,in Tenant's reasonable determination;
b. Landlord pays all costs incurred by Tenant for relocating Tenant's equipment to the
Temporary Relocation and improving the Temporary Relocation so that it is fully
compatible for the Tenant's use,in Tenant's reasonable determination;
c. Landlord gives Tenant at least ninety (90) days written notice prior to requiring
Tenant to relocate;
d. Tenant's use at the Premises is not interrupted or diminished during the relocation
and Tenant is allowed, if necessary, in Tenant's reasonable determination,to place a
temporary installation on the Property during any such relocation;and
e. Upon the completion of any maintenance, repair or similar work by Landlord,
Tenant is permitted to return to its original location from the temporary location
with all costs for the same being paid by Landlord.
30: Applicable Laws
During the Term, Landlord shall maintain the Property in compliance with all applicable
laws,rules,regulations, ordinances, directives, covenants, easements, zoning and land use
15
regulations, and restrictions of record,permits,building codes, and the requirements of any
applicable fire insurance underwriter or rating bureau,now in effect or which may hereafter come
into effect(including, without limitation,the Americans with Disabilities Act and laws regulating
hazardous substances)(collectively"Laws"). Tenant shall, in respect to the condition of the
Premises and at Tenant's sole cost and expense, comply with(a)all Laws relating solely to
Tenant's specific and unique nature of use of the Premises(other than general office use); and(b)
all building codes requiring modifications to the Premises due to the improvements being made
by Tenant in the Premises.
(Signatures on next page)
16
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:
17
Exhibit A
Description of Property
(see attached)
18
Exhibit B
Depiction of Premises
(see attached)
19
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0-� Legal ❑ NB #4
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EST �� �, '' 1836 Engineer ❑
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E ❑
Agenda Item Summary Memo
Title: Sewer Infrastructure Improvement and Maintenance Fee
Meeting and Date: Public Works Committee— 1/18/11
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by: Bart Olson Administration
Name Department
Agenda Item Notes:
Please see attached information.
Memorandum
EST. 1636 To: Public Works Committee
-- From: Bart Olson, City Administrator
.� � CC:
��" r„ �a, Date: January 14, 2011
Subject: Sewer bonding ee
C
�CE g
With the sewer bond abatement ordinances finalized, we can now turn our attention to
completely fixing the sewer fund for FY 2012. As you may recall, there are a few sewer debts
which could not be refinanced, nor did we have the chance to consider abatement (or non-
abatement). These bonds were either low-interest loans or debt certificates not backed by
property taxes.
The expected funding gap in the sewer fund is now only about$264,000 next year. This
is the gap between revenues (property taxes from non-abatement and expected sewer connection
fees) and expenses (all sewer debts). As we discussed the remainder of this gap should be
covered by a sewer bonding fee.
In order to cover the gap and make our bond payments in FY 2012, the sewer bonding fee
can either be implemented for the June 2012 bill or the February 2012 bill. The difference
between these two options is the former spreads the gap over FY 2012 (12 months) and will
result in a$3.73 per month per user sewer bonding fee, and the latter spreads the gap over parts
of FY 2011 and all of FY 2012 (16 months) and will result in a$2.80 per month per user sewer
bonding fee.
In order to implement the sewer bonding fee for the February bill (if that option is
chosen), the City Council would have to vote on the sewer bonding fee by the February 8t'
meeting. Otherwise, the sewer bonding fee does not have to be implemented until early June
2011 to make the June 2011 utility billing run.
United City of Yorkville i
Proposed Bond Debt Restructuring
Existing Debt Service on These Issues
2005C
2003AIRBB Sanitary Alt Rev Water
Period Bruell Street Siphon Loan- IEPA Waste and Sewer 2004A TOTAL DEBT Connection Gap to be Amount of
Ending Did 09/01/03 IEPA Water Loan Did 09/01/05 ComEd Hydraulic SERVICE Fee Revenue covered bonding fee
FY 10/11 $ 126,826 $ 38,980 $ 107,051 $ - $ - $ 272,857 $ -
FY 11/12 $ 165,143 $ 38,980 $ 107,051 $ 83,863 $ 194,093 $ 589,130 $ 325,000 $ 264,130 $ 3.73
FY 12/13 $ 166,248 $ 38,980 $ 107,051 $ 82,288 $ 193,737 $ 588,304 $ 325,000 $ 263,304 $ 3.72
FY 13/14 $ 162,048 $ - $ 107,051 $ 82,988 $ 193,050 $ 545,137 $ 200,000 $ 345,137 $ 4.87
FY 14/15 $ 162,648 $ - $ 107,051 $ 83,588 $ 196,840 $ 550,127 $ 200,000 $ 350,127 $ 4.95
FY 15/16 $ 162,870 $ - $ 107,051 $ 84,088 $ - $ 354,009 $ 200,000 $ 154,009 $ 2.18
FY 16/17 $ 162,755 $ - $ 107,051 $ 84,488 $ - $ 354,294 $ 200,000 $ 154,294 $ 2.18
FY 17/18 $ 162,293 $ - $ 107,051 $ 82,288 $ - $ 361,632 $ 200,000 $ 151,632 $ 2.14
FY 18/19 $ 166,233 $ - $ 107,051 $ 85,088 $ - $ 358,372 $ 200,000 $ 158,372 $ 2.24
FY 1920 $ 164,668 $ - $ 53,525 $ 82,688 $ - $ 300,881 $ 200,000 $ 100,881 $ 1.42
FY 2021 $ 162,850 $ - $ - $ 84,388 $ - $ 247,238 $ 200,000 $ 47,238 $ -
FY 2122 $ 165,710 $ - $ - $ 83,313 $ - $ 249,023 $ 200,000 $ 49,023 $ -
FY 2223 $ 163,060 $ - $ - $ 82,100 $ - $ 245,160 $ 200,000 $ 45,160 $ -
FY 2324 $ - $ - Is - $ 83,250 $ - $ 83,250 $ 200,000 $ - $ -
FY 2425 $ $ $ $ 79,125 $ $ 79,125 $ 200,000 $ $
FY 2526 $ - $ - $ - $ - $ - $ - $ - $ - $
Not
Not advantageous to Not advantageous
Not refinanced refinanced refi to refi Can not refi
20048 Yearly Tax Yearly tax fo
Period 2005D 2008 Rob Roy Countryside Sewer 2005A In-Town TOTAL DEBT Est.Property for$100k Yearly tax for Yearly tax fo $2m
Ending Rob Roy Restructuring Bond 2007A Did 03/01/04 Road program SERVICE Tax Rate house $250k house $500k house business
FY 10/11 $ 537,541 $ - $ - $ - $ - $ 537,541 $ - $ - $ - $ - $ -
FY 11/12 $ 1,578,925 $ 165,135 $ 133,866 $ 258,650 $ 324,179 $ 2,460,755 $ 0.4332 $ 123 $ 339 $ 700 $ 2,867
FY 12/13 $ 1,944,450 $ 110,090 $ 133,454 $ 263,850 $ - $ 2,451,844 $ 0.4317 $ 122 $ 338 $ 698 $ 2,856
FY 13/14 $ 1,978,050 $ 110,090 $ 138,041 $ 368,750 $ - $ 2,594,931 $ 0.4569 $ 129 $ 358 $ 739 $ 3,023
FY 14/15 $ 2,207,500 $ 110,090 $ 137,423 $ 453,950 $ - $ 2,906,963 $ 0.5121 $ 145 $ 401 $ 828 $ 3,389
FY 15/16 $ 3,124,500 $ 110,090 $ 136,793 $ 460,825 $ - $ 3,834208 $ 0.6747 $ 191 $ 529 $ 1,091 $ 4,464
FY 16/17 $ - $ 1,095,090 $ 136,163 $ 462,000 $ - $ 1,693,253 $ 0.2981 $ 84 $ 234 $ 482 $ 1,972
FY 17/18 $ - $ 1,091,408 $ 135,525 $ 470,600 $ - $ 1,697,533 $ 0.2989 $ 85 $ 234 $ 483 $ 1,977
FY 18/19 $ - $ - $ 134,888 $ 473,200 $ - $ 608,088 $ 0.1071 $ 30 $ 84 $ 173 $ 708
FY 2021 $ - $ - $ 799,250 $ - $ $ 799,250 $ 0.1407 $ 40 $ 110 $ 227 $ 931
FY 2122 $ - $ - $ 785,350 $ - $ - $ 785,350 $ 0.1383 $ 39 $ 108 $ 224 $ 915
FY 2223 $ - $ - $ 785,813 $ - $ - $ 785,813 $ 0.1383 $ 39 $ 108 $ 224 $ 915
FY 2324 $ - $ - $ 780,000 $ - $ - $ 760,000 $ 0.1373 $ 39 $ 108 $ 222 $ 909
FY 2425 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
FY 2526 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Available for Available for
refi refi Can not refi Available for refi
United City of Yorkville I I I 11
Assuming implementation for February 2011 bill(i.e.16 months collection)
Existing Debt Service on These Issues
2005C
2003AIRBB Sanitary Alt Rev Water
Period Bruell Street Siphon Loan- IEPA Waste and Sewer 2004A TOTAL DEBT Connection Gap to be Amount of
Ending Dtd 09/01/03 IEPA Water Loan Did 09/01/05 ComEd Hydraulic SERVICE Fee Revenue covered bonding fee
FY 10/11 $ 126,826 $ 38,980 $ 107,051 $ - $ - $ 272,857 $ -
FY 11/12 $ 165,143 $ 38,980 $ 107,051 $ 83,863 $ 194,093 $ 589,130 $ 325,000 $ 264,130 $ 2.80
FY 12/13 $ 166,248 $ 38,980 $ 107,051 $ 82,288 $ 193,737 $ 588,304 $ 325,000 $ 263,304 $ 3.72
FY 13114 $ 162,048 $ - $ 107,051 $ 82,988 $ 193,050 $ 545,137 $ 200,000 $ 345,137 $ 4.87
FY 14/15 $ 162,648 $ - $ 107,051 $ 83,588 $ 196,840 $ 550,127 $ 200,000 $ 350,127 $ 4.95
FY 15/16 $ 162,870 $ - $ 107,051 $ 84,088 $ - -$ 354,009 $ 200,000 $ 154,009 $ 2.18
FY 16/17 $ 162,755 $ $ 107,051 $ 84,488 $ $ 354,294 $ 200,000 $ 154,294 $ 2.18
FY 17/18 $ 162,293 $ - $ 107,051 $ 82,288 $ - $ 351;632 $ 200,000 $ 151,632 $ 2.14
FY 18/19 $ 166,233 $ - $ 107,051 $ 85,088 $ -_$ 358,372 $ 200,000 $ 158,372 $ 2.24
FY 19/20 $ 164,668 $ - $ 53,525 $ 82,688 $ - $ 300,881 $ 200,000 $ 100,881 $ 1.42
FY 20/21 $ 162,850 $ - $ - $ 84,388 $ - $ 247,238 $ 200,000 $ 47,238 $ -
FY 21/22 $ 165,710 $ - $ - $ 83,313 $ - $ 249.023 $ 200,000 $ 49,023 $
FY 22123 $ 163,060 $ - $ - $ 82,100 $ - $ 245,160 $ 200,000 $ 45,160 $
FY 2324 $ - $ - $ - $ 83,250 $ - $ 83,250 $ 200,000 $ - $ -
FY 2425 $ - $ - $ _ - $ 79,125 $ - $ 79.125 $___200.000 $ - $ -
FY 2526 $ - $ - $ - $ - $ $ ---°- $ --- $
Not
Not advantageous to Not advantageous
Not refinanced refinanced refi to refi Can not refi
20046 Yearly Tax Yearly tax for
Period 2005D 2008 Rob Roy Countryside Sewer 2005A In-Town TOTAL,DEBT Est.Property for$100k Yearly tax for Yearly lax for $2m
Ending Rob Roy Restructuring Bond 2007A Did 03/01/04 Road program SERVICE Tax Rate house $250k house $500k house business
FY 10/11 $ 537,541 $ - $ $ - $ - $ 537,541 $ - $ $ - $ $
FY 11/12 $ 1,578,925 $ 165,135 $ 133,866 $ 258,650 $ 324,179 $ 2,460,755 $ 0.4332 $ 123 $ 339 $ 700 $ 2,867
FY 12/13 $ 1,944,450 $ 110,090 $ 133,454 $ 263,850 $ - $ 2,451,844 $ 0.4317 $ 122 $ 338 $ 698 $ 2,856
FY 13/14 $ 1,978,050 $ 110,090 $ 138,041 $ 368,750 $ - $ 2,594,931 $ 0.4569 $ 129 $ 358 $ 739 $ 3,023
FY 14115 $ 2,207,500 $ 110,090 $ 137,423 $ 453,950 $ $ 2,908.963 $ 0.5121 $ 145 $ 401 $ 828 $ 3,389
FY 15/16 $ 3,124,500 $ 110,090 $ 136,793 $ 460,825 $ - $ 3,832,208 $ 0.6747 $ 191 $ 529 $ 1,091 $ 4,464
FY 16/17 $ - $ 1,095,090 $ 136,163 $ 462,000 $ - $ 1.693,253 $ 0.2981 $ 84 $ 234. $ 482 $ 1,972
FY 17/18 $ - $ 1,091,408 $ 135,525 $ 470,600 $ - $ 1,697,533. $ 0.2989 $ 85 $ 234 $ 483 $ 1,977
FY 18/19 $ - $ - $ 134,888 $ 473,200 $ - $ 608,088 $ 0.1071 $ 30 $ 84 $ 173 $ 708
FY 2021 $ - $ - $ 799,250 $ - $ - $ 799,250 $ 0,1407 $ 40 $ 110 $ 227 $ 931
FY 2122 $ - $ - $ 785,350 $ - $ - $ 785,350 $ 0.1383 $ 39 $ 108 $ 224 $ 915
FY 2223 $ - $ - $ 785,813 $ - $ - $ 785,813 $ 0.1383 $ 39 $ 108 $ 224 $ 915
FY 2324 $ - $ - $ 780,000 $ - $ - $ 780,000 $ 0.1373. $ 39 $ 108 $ 222 $ 909
FY 2425 $ $ $ - $ $ $ $ - $ $ - $ - $ -
FY 2526 $ $ $ $ $ $ $ $ $ - $ - $ -
Available for Available for
refi refi Can not refi Available for refi
`,��C..D C/Ty Reviewed By: Agenda Item Number
J Legal ❑��"� '� NB#5
EST. " 1636 Finance ❑
Engineer ■
- �— Tracking Number
O �11 m &0 City Administrator ❑
�4 Consultant ❑
PW 2011-07
El
Agenda Item Summary Memo
Title: Downtown Parking Lot–Engineering Amendment#1
Meeting and Date: January 28, 2011 Public Works Meeting
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by: Joe Wywrot Engineering
Name Department
Agenda Item Notes:
Information on this item will be distributed at the meeting.
0 Co. Reviewed By: Agenda Item Number
t O
J ='A -c� Legal ❑ OB #1
Finance ❑
EST.r,. 1836 Engineer ❑
O �� �®\� tq City Administrator ® Tracking Number
QW, a, ® Consultant E]K.�11 C—y P W 2010-47
E
� Public Works ■
Agenda Item Summary Memo
Title: Proposed Revisions to Nuisance Ordinance—Weeds and Property Maintenance
Meeting and Date: Public Works Committee— 1/18/11
Synopsis:
Council Action Previously Taken:
Date of Action: PW 12/21/10 Action Taken: Discussion
Item Number: PW 2010-47
Type of Vote Required: Majority
Council Action Requested: Discussion and direction
Submitted by: Bart Olson Administration
Name Department
Agenda Item Notes:
Attached is the information that was included in the 8/17/10, 11/16/10, and 12/21/10 Public
Works packets, as well as an additional memo from Public Works Director Dhuse and a draft
ordinance amending the city code.
�Al Co.r
o Memorandum
To: Bart Olson, Administrator
EST .`�� leas From: Eric Dhuse, Director of Public Works
�,
®I '°1 to
C) Date: January 10, 2011
Subject: revision to nuisance ordinance
Bart,
Per the PW committee's recommendation,here is the proposed new section of weeds and grass
section of the City code section 4-1-5 Nuisances and offensive conditions, generally:
7. Certain weed, grasses, plants or vegetables: any weeds, grass, plant or vegetable matter,
other than trees, bushes, flowers, vegetable gardens or other ornamental plants to grow to
a height exceeding eight inches (8").
A. Farming shall be allowed to continue on lots(s) or tracts of land where
there has been an established history of cultivation of the land for a
period of one (1) year.
B. Stabilization and re-vegetation of the lot(s) or tract(s) of land. In an
effort to promote erosion control, water conservation, and minimize the
occurrence of unwanted weeds and other plant species all of the
following rules/criteria shall apply:
1. Minimum Area
• R2 typical single family residential lot—a minimum of four(4)
contiguous lots that are sequentially addressed and owned by
one entity
• R2-D typical residential duplex lot—a minimum of three(3)
contiguous lots that are sequentially addressed and owned by
one entity
• All other zoning classifications— 1 acre (43,560 SF)
2. Preparation and Planting
• The lot(s) or tract(s) of land shall be made weed free by
disking,roto tilling, chemicals or other methods approved by
the City.
Planting chart
Seed Species Pounds per acre
Annual Rye 44
Perennial Rye 44
Tall Fescue 29
Timothy 15
Alsike Clover 7
Alfalfa 7
3. Mowing and Maintenance
All lot(s) or tract(s) of land that are approved for this exception must
mow and maintain the areas to the following standards:
All areas planted with the approved seed mixture shall be mowed at
the following times:
• First Mowing - on or before June 1
• Second Mowing—on or before September 1
• Third Mowing—on or before November 15
All areas will be kept in good condition and free of weeds. Any
area(s) not maintained, will be considered out of compliance and shall
be found in violation of the ordinance.
Memorandum
To: Bart Olson, Administrator
ESL =� 1636 From: Eric Dhuse, Director of Public Works -�
�� 1�1
CC:
p` Date: December 15, 2010
�CE� Subject: Nuisance ordinance revision-grass and weeds
Bart,
As you know,the Public Works committee discussed the possibility of an alternative planting for
vacant lots. The committee members did not want this type of planting to be allowed on a single
lot, and asked for recommendations as to what would be the minimum square footage or acreage
that we would allow. After listening to ideas from the committee and talking with Laura Schraw,
I would recommend the following:
Minimum Area
• R2 typical single family residential lot-a minimum of 4 contiguous lots that are
sequentially addressed and owned by one entity
• R2-D typical residential duplex lot-a minimum of 3 contiguous lots that are sequentially
addressed and owned by one entity
• All other zoning classifications- 1 acre (43,560 SF)
Mowing Schedule
Areas planted with the approved seed mixture shall be mowed at the following times:
• First Mowing-on or before June 1
• Second Mowing-on or before September 1
• Third Mowing-on or before November 15
Any deviation from this schedule will result in a violation of this ordinance
If this amendment is approved, I will work with the building and community development
departments to come up with an application form and tracking procedures.
`,��D CIP
Zo Memorandum
Q
To: Public Works Committee
ES' ; 1836 From: Bart Olson, City Administrator
0; L �.•� p Date: August 13, 2010
Subject: Proposed revisions to nuisance ordinance-weeds
CE
This item was last discussed at the June Public Works Committee meeting. The materials
from that meeting are attached. The end result of the discussion was that the aldermen were
going to observe the aesthetics of some of the prairie grasses in the subdivisions. As you may
recall, the policy issue at the time was whether or not we wanted to allow a specific prairie grass
plant mix to grow beyond 8".
Additionally, Alderman Spears has requested that we revisit the discussion on increased
fines for repeat offenders. Currently, there is no mandatory fine in the code and no option to pre-
pay the fine prior to the adjudication hearing. This means the hearing officer sets the fine at the
adjudication hearing. At the hearing, staff will inform the hearing officer of the history of
violations on the property, and the hearing officer will set the fine accordingly. In the past,this
has resulted in steeper fines for repeat offenders.
C Cary
Memorandum
To: Bart Olson, Administrator
ESZ 1836 From: Eric Dhuse,Director of Public Works
O (s^1 CC: Paul Zabel, Code Official
Date: June 7, 2010
�°�2•�LW"C; '=o Subject:revision to nuisance ordinance
Lt=
Bart,
While working with Paul Zabel this spring,we would like to propose some changes to the
current nuisance ordinance regarding certain weeds and grasses. These proposed changes are
being brought forward in an effort to work with lot/home/business owners to gain compliance
and a long term solution to this chronic problem.
Section 4-1-5 Nuisances and offensive conditions,generally
7. Certain weeds, grasses,plants or vegetables: Any weeds, grass,plant or vegetable
matter, other than trees,bushes, flowers,vegetable gardens or other ornamental plants to
grow to a height exceeding eight inches (8")where a structure is present on the lot or
tract of land.
8. Certain weeds, grasses, plants or vegetables: Any weeds, grass, plant or vegetable
matter,other than trees, hushed, flowers, vegetable gardens or other ornamental plants to
grow to a height exceeding twelve inches (12")where the lot or tract of land has no
structure(s).
C. Allowable exceptions
1. Farming shall be allowed to continue on 10t(s) or tracts of land where there has been an
established history of cultivation of the land for a period of one(1) year.
2. Stabilization and re-vegetation of lot(s) or tract(s) of land. In an effort to promote erosion
control,water conservation, and minimize the occurrence of unwanted weeds and other
plant species all of the following rules/criteria shall apply:
A. The lot(s)or tract(s) of land shall be made weed free by disking, roto tilling,
chemicals or other methods approved by the City.
B. The lot(s) or tract(s) shall be planted with the following seed mix:
Percentapte Lbs of seed for Wical city lot
Annual Rye-30% 12
Perennial Rye-30% 12
Tall Fescue- 20% 8
Timothy- 10% 4
Aliske Clover- 5% 2
Alfalfa-5% 2
C. All lot(s) or tract(s) of land planted with this mixture shall be mowed and
maintained a minimum of three (3) times per year.
First mowing- Before June I"
Second mowing -No earlier than September I",but no later than September 15th
Third mowing- Before October 31"
Any deviation from this schedule wil l result in a violation of this ordinance.
The benefits of the proposed stabilization and re-vegetation are:
1. A solid long term plan in place which will benefit both owners and the City.
2. Greatly assists in erosion control of vacant land
3. Promotes a quality green philosophy
4. Greatly reduces work load on both owners and the City.
5. Possible income for larger tracts of land
6. Owners will have to clean up lots to prepare the soil for planting
Drawbacks of the proposed stabilization and re-vegetation are:
1. not all owners will choose this option
2. 1s not an instant fix. This is a long term plan and the plants take time to establish
3. Not mowed as often
4. Specified species are taller than the 8"height that is currently mandated. Average
heights of proposed plants are 12"-36"tall.
5. Some adjacent property owners may object to taller plants
1 would ask that this be placed on the Public Works agenda for June 15,2010 for discussion. If
you have any questions or need further information, please let me know.
Ordinance No. 2011-
AN ORDINANCE AMENDING THE YORKVILLE CITY CODE
OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,
AMENDING THE NUISANCE REGULATIONS FOR WEEDS AND VEGETATION
BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville,
Kendall County, Illinois, as follows:
Section 1. Title 4, Chapter 1, Section 4-1-5.B.7 of the Yorkville City Code, as amended,
is hereby amended to read as follows:
"7. Weeds, grasses,plants or vegetation:
(a) Weeds. As used in this section. "weeds" shall include but not be limited to
burdock, ragweed, thistle, cocklebur, jimson, blue vervain, common milkweed,
wild carrot, poison ivy, poison oak, poison sumac, wild mustard, rough pigweed,
lambsquarter, wild lettuce, curled dock, all varieties of smart weeds, poison
hemlock, wild hemp, other weeds of a like kind or as defined in the Illinois Exotic
Weed Act (525 ILCS 10/1 et seq.).
(b) Height. It shall be unlawful to permit any weeds, grasses, plants or vegetation,
other than trees, bushes, cultivated flowers, vegetable garden crops or other
ornamental plants to grow to a height exceeding eight inches (8.") anywhere in
the City and except as provided in the following subsections.
(c) Height Exception - Farming. Farming shall be allowed to continue on lots(s)
or tracts of land where there has been an established history of cultivation of the
land for a period of not less than one (1) year and crops shall be exempt from the
height regulations in (b) above.
(d)Height Exception— Vacant Property.
(1) To promote stabilization and re-vegetation for erosion control,
water conservation and to minimize weeds on certain property,
compliance with the following regulations shall exempt the
property from the height regulations in (b) above.
(2) The property shall have a minimum area in a R2 zoning district
of four (4) or more contiguous lots that are sequentially addressed
and owned by one entity, in a R2-D zoning district three (3) or
more contiguous lots that are sequentially addressed and owned by
one entity, or in all other zoning districts of not less than one acre.
(3) The property shall be prepared for planting by disking, roto-
tilling, chemicals or other methods approved by the City and
planted with the following seed species and at the following rate:
Seed Species Pounds per acre
Annual Rye 44
Perennial Rye 44
Tall Fescue 29
Timothy 15
Alsike Clover 7
Alfalfa 7
(4) Mowing and Maintenance. The grasses on the property shall
be mowed to a height of less than eight inches (8.0") not less than
at the following times each calendar year: First Mowing - on or
before June 1; Second Mowing — on or before September 1; and
Third Mowing—on or before November 15. The property shall be
maintained without weeds and otherwise in compliance with 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 12011.
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
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C/r y Reviewed By: Agenda Item Number
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Legal ❑ OB #2
EST. 1 � 1836 Finance ❑
Engineer ❑ Tracking Number
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Public Works PW 2010-77
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Agenda Item Summary Memo
Title: Parkway Tree Program Discussion
Meeting and Date: Public Works Committee— 1/18/11
Synopsis: Discussion of eligibility of residents that live in unaccepted subdivisions to
participate in the parkway tree replacement program.
Council Action Previously Taken:
Date of Action: PW 12/21/10 Action Taken: Discussion
Item Number: PW 2010-77
Type of Vote Required: Majority
Council Action Requested: Discussion and direction
Submitted by: Eric Dhuse Public Works
Name Department
Agenda Item Notes:
Please see attached information. This item was previously discussed at the 11/16/10 PW
meeting as PW 2010-77 and was also discussed at the 6/15/10 PW meeting as PW 2010-45.
`,, D cirr
J� Memorandum
7836
EST.
To: Bart Olson, Administrator
� �_ :
From: Eric Dhuse, Director of Public Works
® L CC:
® Date: October 13, 2010
Subject: Parkway tree replacement program discussion
Bart,
As you know, this year we had some residents asking to participate in the parkway tree
replacement program that lived in unaccepted subdivisions. At that time it was decided that
since the developer was responsible for replacing parkway trees up until the one year warranty
expires after the subdivision is accepted that the residents that live in those subdivisions would
not be able to participate in the program this year. Instead of telling residents no,we would like
to find a way to let all residents participate in this program.
One idea was to let all residents participate but if the resident lived in an unaccepted
subdivision,the developer of that subdivision would have to purchase and install a tree
elsewhere in the subdivision such as a park or other city owned space before the subdivision
would be accepted. So in essence, the developer would still have to replace the tree, but it would
be planted in a different location.
The benefits of this idea are:
• Allows all residents to participate
• Maintains developer responsibility to replace trees
Disadvantages of this idea are:
• Tracking individual trees over multiple years
• Possibility of more applicants for the program than we have allotted trees
Another idea is to just let all residents participate without tracking the status of acceptance of the
subdivision. If we inform residents that live in an unaccepted subdivision that the developer is
ultimately responsible for the replacement of the parkway tree and they are still willing to
participate, we should allow them to.
Currently we have many residents that have lived in an unaccepted subdivision for multiple
years. During that time,they have seen the development dry up almost completely and some
have even seen the development go through the foreclosure process and now have a receiver and
property manager instead of a developer. Trying to get a parkway tree replaced in this situation
could be very difficult to say the least. If we inform these residents when they call that they do
have the choice of waiting for the developer to replace the tree or participating in the program
and they choose to participate at their own expense, we should not turn them away because of
where they live.
The benefits of this idea are:
• Allows all residents to participate equally
• Do not have to track individual trees over multiple years in multiple developments
Disadvantages of this idea are:
• Does not hold the developer responsible for the tree
• Possibility of more applicants for the program than we have allotted trees
I would ask that this be placed on the October 19'h Public Works Committee agenda for
discussion. If you have any questions or need further information,please let me know.
Section 1. Upon review of a proposed parkway tree, the City Administrator or his designee shall
determine if a tree replacement is warranted at that location. Properties that are privately owned will not
be eligible to participate in this program.
Section 2. Upon making said determination, the City Administrator or his designee shall notify
the resident of approval or denial of the application.
Section 3. When the application is accepted, the Owner/developer shall be held liable for the
cost of the tree and labor to install said tree. Costs will vary from year to year based on species of tree
selected and labor rates.
Section 4. One (1) original invoice will be distributed to the Finance department for billing and
one (1) copy of the invoice will be distributed to the Engineering department to be attached to the current
punch list until such time as the invoice is paid by Owner/Developer.
United City of Yorkville 50/50 Parkway 'free Program
Through the 50/50 Parkway Tree Program, the United City of Yorkville shares the cost of
planting trees with homeowners. Residents simply choose the tree they want and send in
a check for the cost listed on the order form. The City does the rest!
The Parkway Tree Program is intended to provide quality shade trees to residents within
the City to be planted within the right-of-ways along the streets and corridors throughout
the City. The trees are intended to provide shade, screening, wildlife, pollution control,
reduction of water runoff, soil erosion control, increased property values,reduced stress,
aesthetics, and a sense of well being within the community. Please nete that this pr-egr-am
is limited to only these develepments already eempleted a-ad aeeeptedby the eity; if y
, .This program
is open to all residents within City limits. If you are in a develoment that has not yet
been accepted by the City, the developer pM still be responsible for your parkway tree
replacement. Please contact the number below if you have questions.
All trees purchased through the program are required to be planted within the area of the
right-of-way in front of or on the sides of the purchaser's property. The right-of-way area
available for planting the trees varies depending on the platting of the property and the
width of the right-of-way. Generally it is eight to ten feet (8'to 10') from edge of curb to
edge of right-of-way. Trees must be located a minimum distance of 50 feet from any
other tree in the parkway; not conflict with existing utilities,be at least 20 feet from an
overhead light or fire hydrant, and must be 30 feet from any intersection. Each tree will
be a minimum of 2.5" in diameter.
The City will work with the homeowner to locate the tree. All trees will be purchased for
a fall planting except for oak trees, which will be planted the following spring. The tree
will be planted, mulched, and watered (once)by the City. After the watering, care is the
responsibility of purchaser. No guarantee of viability will be provided.
Please make your check payable to the United City of Yorkville. All orders must be
received by Monday,August 23, 20 n.Friday. September 9, 2011.
Please mail checks and completed application to:
800 Game Farm Road
Yorkville, IL, 60560
If you have any questions, please contact the Laura Schraw in the Community
Development Department at (630) 553-8574 or lschraw&yorkville.il.us. The City's limit
for trees sold this year as part of the program is thirty-six (36). This program will
continue on an annual basis and planting will occur at the fall of each year.
Please see the reverse side for tree selection and form.
For tree species photos and descriptions please go to www.yorkville.il.us under Parkway
Tree Program.
File Order# 20110-
United City of Yorkville 50/50 Parkway Tree Program Order Form
Trees must be selected from the following list:
Catalpa $165.00 Elm $140.00
Gingko $178.00 Hackberry $133.00
Kentucky Coffeetree $143.00 Linden $157.00
Oak(spring planting) $197.00 Red Maple $108.00
Thornless Honeylocust $142.00 Turkish Filbert $185.00
Name:
Address:
Phone: Date:
Street tree location (if house is on corner lot)
Is there an existing tree or stump at this location? (circle one) Yes No
(Trees can only be removed due to death, disease, or age. Only unhealthy trees will be
removed. If yes is circled removal of the existing tree or stump must be approved by City
staff.)
Tree selected Cost
By signing this agreement I understand that it is my responsibility to ensure the tree's
survival by watering the tree after planting. The City will not replace the street tree due
to neglect, disease, or damage. If my development has not vet been accepted by the Cit ELI
understand that I am replacing this tree at my own cost and will not seek reimbursement
from the developer or the Ci at any future date.
Sign here
Please make your check payable to the United City of Yorkville. Check is due at time of
order. All orders must be received by Friday, September 9,
2011.
Please mail checks and completed application to:
800 Game Farm Road
Yorkville, IL, 60560
Office use only
Received by: Date:
Tree removal approved: Yes No
If yes,indicate size and species:
If no,indicate reason:
UNITED CITY OF YORKVILLE 50/50 PARKWAY TREE PROGRAM
The trees shown below give general descriptions of the character and habitat of the species.The chosen
variety will be based on availability the time the City places the order with the nursery.
Catalpa $165.00
The Northern Catalpa tree has long thing seed pods and
showy clustered white bell shaped flowers in the spring.
The tree prefers moist, well-drained soils,but can tolerate
wet, dry and high pH soils. The fall color is brown-green,
and the fruit can be messy in the fall. Mature height is 50'-
80'.
Elm $140.00
The broad arching habit of the hybrid elm tree still mimics
the classic elm. Dutch Elm Disease resistant,hybrid elms
grow to 60' tall and have a nice light yellow to yellow-green w
fall color. These trees are susceptible to Japanese Beetles.
The tree can tolerate wet sites and a range of soil pH. .
Varieties: `Valley Forge', `Princeton', `New Harmony',
`Homestead', `Morton', `Morton Glossy' ti
Ginkgo $178.00
l 1 Ginkgo has fan-shaped leaves and good
� = yellow fall color. Growing to a height of
' - 50'-80', it can tolerate drought,heat, air
pollution and salt. Soil types include dry to
moist, well-drained soils. Female species
are not permitted due to the harsh smell of
their fruit. All species planted will be of a
variety that is male only.
Varieties: `Autumn Gold', `Magyar', or
`Princeton Sentry'
Common Hackberry $133.00
Hackberry survives best in moist, well-drained soils,but
can tolerate wet soils. Tolerant of salt, wind, dry sites,
r and alkaline soils, this tree adapts well to its
environment. Fall color is green-yellow and grows to
heights of 50'-90'.
Varieties: 'Chicagoland', 'Windy City'
Kentucky Coffeetree $143.00
Kentucky Coffeetree can tolerate dry to moist, well-
drained soils, and is salt and drought tolerant. The
varieties selected are male only and do not produce
seed pods. In the spring the flowers are greenish-
white pyramidal spikes and the fall color is yellow-
orange. This tree can reach up to 75' feet in height
and is a fast grower. Please note these trees look quite
spindly with a couple of branches in their first several
years, but will eventually fill in to a magnificent tree!
Varieties: 'Espresso', 'Prairie Titan' f
Linden $157.00
The Linden species like well-drained soils and can
,ry tolerant alkaline soils. This tree can be susceptible
to Japanese Beetle, varieties listed are less apt to
beetle feeding. They grow to 60'-80' tall, and have
fragrant flowers in early summer. Fall foliage is
brown-green.
Varieties:American, 'Silver Shadow', 'Sterling'
Y -
Oak $197.00
Bur Oak or Swamp White Oak, Chinquapin. Oak trees are
more sensitive to moving environments, and must be
planted in the spring. At maturity, they can reach up to
75' in height. Oaks typically tolerate wet and dry soil,
salt, and wind. They can survive in any soil condition, and p
are slow growing. The fall color ranges from brown-green
to yellow. These trees are planted in the spring to ensure
better survival. Oaks have a higher survival rate if they
are transplanted in the spring. ,
Red maple $108.00
Maple trees can reach up to 50' in height, and prefer
moist, well-drained soils. Fall color is yellow to orange to
red for Sugar Maples and red for Red Maples. Maples are
fast growers.
Varieties: 'Autumn Flame', 'Franksred', 'October Glory',
'Red Sunset', `Armstrong'
Thornless Honeylocust $142.00
Thornless Honeylocust tolerates moist, well-drained soils,
drought conditions, and salt. The rounded, open, habit has
small compound leaves that provide light shade. Fall color
is yellow. Mature height of the species is 40'-70'.
r
Varieties: 'Skyline', 'Shademaster', 'Suncole'
r
Turkish Filbert $185.00
4 Turkish Filbert prefers moist, well-drained soil to dry conditions.
When the tree is young it has a pyramidal shape that gradually
changes to an oval shape. The fall color is green-yellow and
mature height is 40'-50'. This tree must be watered the first few
summers until established, and then it becomes very drought
tolerant.