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City Council Packet 2012 09-25-12
C United City of Yorkville 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 o Is ur Telephone: 630-553-4350 Fax: 630-553-7575 <LE AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday, September 25, 2012 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Carlo Colosimo Jackie Milschewski Marty Munns Rose Ann Spears Ken Koch Larry Kot Chris Funkhouser Diane Teeling Establishment of Quorum: Amendments to Agenda: Presentations: 1. Swearing-in of Patrol Officer—Stephen Klett Public Hearings: Citizen Comments: Consent Agenda: 1. CC 2012-66 Bills for Payment - $518,247.91 2. PW 2012-49 South Shell Gas Station Groundwater a. Resolution Approving a Limited Environmental Indemnity Agreement with Equilon Enterprises LLC Doing Business as Shell Oil Products US LLC (Southwest Corner of South Bridge Street and Route 71)—authorize Mayor and City Clerk to execute b. Ordinance Prohibiting the Use of Groundwater as a Potable Water Supply by the Installation or Use of Potable Water Supply Wells or by Any Other Method at or Within the Area Designated on Exhibit A Attached Hereto and Made a Part Hereof(Southwest Corner of South Bridge Street and Route 71)—authorize Mayor and City Clerk to execute 3. PW 2012-50 Safe Routes to School a. IDOT Local Agency Agreement for Federal Participation—authorize Mayor to execute b. EEI Phase III Construction Engineering Services Agreement for Federal Participation— authorize Mayor and City Clerk to execute 4. PW 2012-51 ComEd Customer Work Agreement for Cannonball Trail/Route 47 Utility Relocations — authorize Mayor to execute City Council Meeting September 25, 2012 Page 2 Consent Agenda (cont'd): 5. PW 2012-52 Recreational Trail Program(RTP) Grant Project Agreement for Clark(Hopkins) Park— authorize Mayor to execute 6. PW 2012-53 Rush-Copley Phase I—Release of Letter of Credit—authorize release of Old Second Bank LOC#60101002503 and Old Second Bank LOC#2987 in their entirety 7. PW 2012-54 2012 MFT Maintenance Program—Change Order#1 —authorize increase in the amount of $19,722.92 8. PW 2012-56 Ordinance Approving an Agreement for Subdivision Improvement Completion and Early Municipal Acceptance (Briarwood/Comerstone Subdivision)—authorize Mayor and City Clerk to execute Minutes for Approval: 1. CC 2012-67 Minutes of the City Council—August 28, 2012 2. CC 2012-68 Minutes of the City Council— September 11, 2012 Mayor's Report: 1. CC 2012-69 Proclamation for Senior Services Associates, Inc. Day 2. CC 2012-54 Collective Bargaining Agreement between the Illinois FOP Labor Council Representing Yorkville Sergeants and the United City of Yorkville Public Works Committee Report: Economic Development Committee Report: 1. EDC 2012-36 First Supplemental Agreement to the Kendallwood Estates Development Agreement 2. EDC 2012-33 Sixth Amended Intergovernmental Cooperation Agreement with the Aurora Area Convention and Visitors Bureau (AACVB) 3. CC 2012-70 Countryside Concept PUD Plan and Incentive Agreement Public Safety Committee Report: 1. PS 2012-24 Ordinance Amending the Liquor Code Regarding the Number of Patio Licenses 2. PS 2012-25 KenCom Lease Agreement Veto Discussion Administration Committee Report: Park Board: Plan Commission: 1. PC 2012-06 Success in the Suburbs, Inc. —Amended Special Use Mile & '/2 Review 2. PC 2012-07 Souk Hemintharong—Rezoning Mile & '/2 Review Zoning Board of Appeals: City Council Report: City Council Meeting September 25, 2012 Page 3 City Clerk's Report: City Treasurer's Report: Community and Liaison Report: Staff Report: Additional Business: Executive Session: 1. For collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees. Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES ADMINISTRATION: October 18,2012-7:00 p.m_City Hall Council Chambers — ---------- Committee Departments Liaisons Chairman: Alderman Spears Finance Library Committee: Alderman Munns Administration Committee: Alderman Colosimo Committee: Alderman Koch [ECONOMIC DEVELOPMENT: October 2, 2012-7:00 p.m.-City Hall Council Chambers Committee Departments Liaisons Chairman: Alderman Munns Community Development Plan Commission Vice-Chairman: Alderman Funkhouser Building Safety and Zoning Yorkville Econ. Dev. Corp. Committee: Alderman Milschewski Kendall Co. Plan Commission Committee: Alderman Teeling EPUBLIC SAFETY: October 4, 2012-7:00 p.m.-City Hall Council Chamber -- ------------ Committee Departments Liaisons Chairman: Alderman Colosimo Police Human Resource Comm. Vice-Chairman: Alderman Kot School District Committee: Alderman Spears Committee: Alderman Funkhouser ;PUBLIC WORKS: October 16, 2012-7:OO�.m_Ci Hall Council Chambers; --- - --- ---__--_--- --------- ------- --- --------------------- -- ------------------------------------------------------ Committee Departments Liaisons Chairman: Alderman Teeling Public Works Park Board Vice-Chairman: Alderman Milschewski Engineering YBSD Committee: Alderman Kot Parks and Recreation Committee: Alderman Koch UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, September 25, 2012 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Swearing-in of Patrol Officer— Stephen Klett ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2012-66 Bills for Payment - $518,247.91 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2012-49 South Shell Gas Station Groundwater a. Resolution Approving a Limited Environmental Indemnity Agreement with Equilon Enterprises LLC Doing Business as Shell Oil Products US LLC (SW Corner of S. Bridge St. &Route 71) ❑ Approved: Y N ❑ Subject to ❑ Removed b. Ordinance Prohibiting the Use of Groundwater as a Potable Water Supply by the Installation or Use of Potable Water Supply Wells or by Any Other Method at or Within the Area Designated on Exhibit A Attached Hereto and Made a Part Hereof(SW Corner of S. Bridge St. & Route 71) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2012-50 Safe Routes to School—IDOT Local Agency Agreement & EEI Phase III Agreement ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2012-51 ComEd Customer Work Agreement for Cannonball Tr./Rt. 47 Utility Relocations ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2012-52 RTP Grant Project Agreement for Clark(Hopkins) Park ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2012-53 Rush-Copley Phase I—Release of Letter of Credit ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2012-54 2012 MFT Maintenance Program—Change Order#1 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2012-56 Ordinance Approving an Agreement for Subdivision Improvement Completion and Early Municipal Acceptance (Briarwood/Cornerstone Subdivision) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2012-67 Minutes of the City Council—August 28, 2012 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2012-68 Minutes of the City Council— September 11, 2012 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2012-69 Proclamation for Senior Services Associates, Inc. Day ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- ECONOMIC DEVELOPMENT COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2012-36 First Supplemental Agreement to the Kendallwood Estates Development Agreement ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2012-33 Sixth Amended Intergovernmental Cooperation Agreement with the Aurora Area Convention and Visitors Bureau(AACVB) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. CC 2012-70 Countryside Concept PUD Plan and Incentive Agreement ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- l. PS 2012-24 Ordinance Amending the Liquor Code Regarding the Number of Patio Licenses ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. PS 2012-25 KenCom Lease Agreement Veto Discussion ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- PLAN COMMISSION REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PC 2012-06 Success in the Suburbs, Inc. —Amended Special use Mile & 1/2 Review ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. PC 2012-07 Souk Hemintharong—Rezoning Mile & 1/2 Review ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- REPORTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- 0 CITY Reviewed By: Agenda Item Number d Legal ❑ `1 06 Legal CA#1 ESL -� 1836 Engineer ❑ City Administrator ❑ Tracking Number 0 —� Human Resources ❑ �� Community Development ❑ K-44 Police ❑ CC 2012-66 Public Works ❑ Agenda Item Summary Memo Title: Bill Payments - $518,247.91 Meeting and Date: City Council—September 25, 2012 Synopsis: Approval of bill payments. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Amy Simmons Finance Name Department Agenda Item Notes: DATE: 09/20/12 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 09:53:30 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/25/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------- 513923 AA000003 DANIEL V. TRANSIER 083112 08/31/12 01 POLICE-08/01/12 & 08/15/12 01-210-54-00-5467 300.00 02 ADMIN HEARINGS ** COMMENT ** INVOICE TOTAL: 300.00 CHECK TOTAL: 300.00 513924 ACCURINT LEXISNEXIS RISK DATA MGMT. 1249304-20120831 08/31/12 01 POLICE-AUGUST SEARCHES 01-210-54-00-5462 50.00 INVOICE TOTAL: 50.00 CHECK TOTAL: 50.00 513925 ADSALARM ALARM DETECTION SYSTEMS, INC SI-371592 08/31/12 01 STREETS-AES RADIO INSTALLATION 01-410-54-00-5446 46.45 INVOICE TOTAL: 46.45 CHECK TOTAL: 46.45 513926 AQUAFIX AQUAFIX, INC. 9653 09/05/12 01 SEWER OP-BUG ON A ROPE, 52-520-56-00-5613 733.65 02 VITASTIM ** COMMENT ** INVOICE TOTAL: 733.65 CHECK TOTAL: 733.65 513927 ARAMARK ARAMARK UNIFORM SERVICES 610-7696384 09/04/12 01 STREETS-UNIFORMS 01-410-56-00-5600 26.43 02 WATER OP UNIFORMS 51-510- 56-00-5600 26.43 03 SEWER OP-UNIFORMS 52-520 56-00-5600 26.43 INVOICE TOTAL: 79.29 -1- DATE: 09/20/12 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 09:53:30 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/25/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------ 513927 ARAMARK ARAMARK UNIFORM SERVICES 610-7706209 09/11/12 01 STREETS-UNIFORMS 01-410-56-00-5600 19.52 02 WATER OP-UNIFORMS 51-510-56-00-5600 19.52 03 SEWER OP-UNIFORMS 52-520-56-00-5600 19.51 INVOICE TOTAL: 58.55 * 610-7706210-PW 09/11/12 01 SEWER OP-UNIFORMS 52-520-56-00-5600 65.78 INVOICE TOTAL: 65.78 * CHECK TOTAL: 203.62 513928 ATT AT&T 6305533436-0812 08/25/12 01 POLICE-MONTHLY CHARGES 01-210-54-00-5440 46.67 INVOICE TOTAL: 46.67 * 6305536805-0812 08/25/12 01 WATER OP-MONTHLY CHARGES 51-510-54-00-5440 99.18 INVOICE TOTAL: 99.18 * CHECK TOTAL: 145.85 513929 ATTLONG AT&T LONG DISTANCE 82893213-0812 09/01/12 01 POLICE-AUGUST LONG DISTANCE 01-210-54 00-5440 61.85 02 WATER OP-AUGUST LONG DISTANCE 51-510-54 00-5440 69.69 INVOICE TOTAL: 131.54 * CHECK TOTAL: 131.54 513930 BATTERYS BATTERY SERVICE CORPORATION 225438 08/31/12 01 WATER OP-LAPTOP BATTERY 51-510-56-00-5635 54.95 INVOICE TOTAL: 54.95 * 225439 08/31/12 01 SEWER OP-BATTERY 52-520-56-00-5613 18.81 INVOICE TOTAL: 18.81 * -2- DATE: 09/20/12 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 09:53:30 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/25/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ---------------------------------------------------------------------------------------------------------------- 513930 BATTERYS BATTERY SERVICE CORPORATION 225637 09/07/12 01 WATER OP LAPTOP BATTERY 51-510-56-00-5635 49.50 INVOICE TOTAL: 49.50 CHECK TOTAL: 123.26 513931 BCBS BLUE CROSS BLUE SHIELD 090712-D 09/07/12 01 ADMIN-OCTOBER DENTAL INSURANCE 01-110-52-00-5223 407.88 02 ADMIN-ELECTED OFFICIAL DENTAL 01-110-52-00-5237 547.02 03 INSURANCE ** COMMENT ** 04 FINANCE-OCTOBER DENTAL 01-120-52-00-5223 255.10 05 INSURANCE ** COMMENT ** 06 POLICE-OCTOBER DENTAL 01-210-52-00-5223 2,859.90 07 INSURANCE ** COMMENT ** 08 COMM/DEV-OCTOBER DENTAL 01-220-52-00-5223 291.92 09 INSUARANCE ** COMMENT ** 10 STREETS-OCTOBER DENTAL 01-410-52-00-5223 591.01 11 INSURANCE ** COMMENT ** 12 ADMIN SERVICES-RETIREES 01-640-52-00-5241 418.77 13 OCTOBER DENTAL INSURANCE ** COMMENT ** 14 PARKS-OCTOBER DENTAL INSURANCE 79-790 -52-00-5223 608.05 15 RECREATION-OCTOBER DENTAL 79-795-52-00-5223 213.80 16 INSURANCE ** COMMENT ** 17 WATER OP-OCTOBER DENTAL 51-510-52-00-5223 484.27 18 INSURANCE ** COMMENT ** 19 SEWER OP-OCTOBER DENTAL 52-520-52-00-5223 335.91 20 INSURANCE ** COMMENT ** 21 LIBRARY-OCTOBER DENTAL 82-820-52-00-5223 495.86 22 INSURANCE ** COMMENT ** INVOICE TOTAL: 7,509.49 090712-H 09/07/12 01 ADMIN-OCTOBER HEALTH INSURANCE 01-110-52-00-5216 4,650.71 02 ADMIN-ELECTED OFFICIAL OCTOBER 01-110-52-00-5235 5,877.49 03 HEALTH INSURANCE ** COMMENT ** -3- DATE: 09/20/12 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 09:53:30 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/25/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------ 513931 BCBS BLUE CROSS BLUE SHIELD 090712-H 09/07/12 04 FINANCE-OCTOBER HEALTH I 01-120-52-00-5216 1,332.92 05 INSURANCE ** COMMENT ** 06 POLICE-OCTOBER HEALTH 01-210-52-00-5216 29,337.41 07 INSURANCE ** COMMENT ** 08 COMM/DEV-OCTOBER HEALTH 01-220-52-00-5216 3,211.65 09 INSURANCE ** COMMENT ** 10 STREETS-OCTOBER HEALTH 01-410-52-00-5216 6,595.28 11 INSURANCE ** COMMENT ** 12 ADMIN SERVICES-RETIREES 01-640-52-00-5240 5,876.23 13 OCTOBER HEALTH INSURANCE ** COMMENT ** 14 PARKS-OCTOBER HEALTH INSURANCE 79-790-52-00-5216 6,700.74 15 RECREATION-OCTOBER HEALTH 79-795-52-00-5216 2,480.19 16 HEALTH INSURANCE ** COMMENT ** 17 WATER OP-OCTOBER HEALTH 51-510-52--00-5216 5,540.64 18 INSURANCE ** COMMENT ** 19 SEWER OP-OCTOBER HEALTH 52-520-52-00-5216 3,726.68 20 INSURANCE ** COMMENT ** 21 LIBRARY-OCTOBER HEALTH 82-820-52-00-5216 5,311.58 22 INSURANCE ** COMMENT ** INVOICE TOTAL: 80,641.52 * CHECK TOTAL: 88,151.01 513932 BUILDERS BUILDERS ASPHALT LLC 7691 08/21/12 01 MFT-MISCELLANEOUS PATCHING 15-155-56-00-5634 820.80 INVOICE TOTAL: 820.80 * CHECK TOTAL: 820.80 513933 CAMBRIA CAMBRIA SALES COMPANY INC. 32757 08/09/12 01 ADMIN-GARBAGE BAGS, PAPER 01-110-56-00-5610 77.00 02 TOWELS ** COMMENT ** INVOICE TOTAL: 77.00 CHECK TOTAL: 77.00 -4- DATE: 09/20/12 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 09:53:30 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/25/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513934 CARGILL CARGILL, INC 2900708838 08/28/12 01 WATER OP-BULK ROCK SALT 51-510-56-00-5638 2,764.01 INVOICE TOTAL: 2, 764.01 2900717834 09/04/12 01 WATER OP-BULK ROCK SALT 51-510-56-00-5638 2,685.19 INVOICE TOTAL: 2,685.19 * CHECK TOTAL: 5,449.20 513935 CDWG CDW GOVERNMENT INC. P717104 08/23/12 01 ADMIN SERVICES-ACROBAT PRO 01-640-54-00-5450 481.57 INVOICE TOTAL: 481.57 CHECK TOTAL: 481.57 513936 CENTRALL CENTRAL LIMESTONE COMPANY, INC 16643 08/31/12 01 LAND CASH-LIMESTONE FOR 72-720-60-00-6036 408.27 02 RAINTREE B PARKING LOT ** COMMENT ** INVOICE TOTAL: 408.27 CHECK TOTAL: 408.27 513937 COLLEPRO COLLECTION PROFESSIONALS INC. 083112 08/31/12 01 POLICE-COMM. ON COLLECTIONS 01-210-54-00-5467 28.00 INVOICE TOTAL: 28.00 CHECK TOTAL: 28.00 513938 COMCAST COMCAST CABLE 082612 08/26/12 01 POLICE-CABLE 01-210-56-00-5620 4.17 INVOICE TOTAL: 4.17 CHECK TOTAL: 4.17 -5- DATE: 09/20/12 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 09:53:30 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/25/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT --------------------------------------------------------------------------------------------------------------- 513939 COMED COMMONWEALTH EDISON 0185079109-0812 08/29/12 01 SEWER OP-420 FAIRHAVEN 52-520-54-00-5480 102.23 INVOICE TOTAL: 102.23 * 0435113116-0812 09/04/12 01 STREETS-LIGHTS 01-410-54-00-5480 76.36 INVOICE TOTAL: 76.36 * 0903040077-0812 08/28/12 01 STREETS-LIGHTS 01-410-54-00-5480 2,310.81 INVOICE TOTAL: 2,310.81 * 0908014004-0812 08/30/12 01 WATER OP-WELLS 51-510-54-00-5480 40.28 INVOICE TOTAL: 40.28 * 0966038077-0812 08/28/12 01 STREETS-LIGHTS 01-410-54-00-5480 54.45 INVOICE TOTAL: 54.45 * 1183088101-0812 08/27/12 01 SEWER OP-1107 PRAIRIE CROSSING 52-520-54-00-5480 90.66 INVOICE TOTAL: 90.66 * 1407125045-0812 ` 09/04/12 01 SEWER OP-FOXHILL 7 LIFT 52-520-54-00-5480 77.64 INVOICE TOTAL: 77.64 * 2019099044-0812 09/05/12 01 WATER OP-WELLS 51-510-54-00-5480 32.89 INVOICE TOTAL: 32.89 * 2195012092-0812 08/27/12 01 STREETS-WEATHER WARNING SIREN 01-410-54-00-5480 33.01 INVOICE TOTAL: 33.01 * 2668047007-0812 08/27/12 01 SEWER OP-1908 RAINTREE RD 52-520-54-00-5480 174.58 INVOICE TOTAL: 174.58 * 2819074016-0812 08/29/12 01 STREETS-WEATHER WARNING SIREN 01-410-54-00-5480 32.40 INVOICE TOTAL: 32.40 * 2961017043-0812 08/28/12 01 SEWER OP-LIFT STATION 52-520-54-00-5480 86.41 INVOICE TOTAL: 86.41 * -6- DATE: 09/20/12 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 09:53:30 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/25/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------- 513939 COMED COMMONWEALTH EDISON 4085080033-0812 08/30/12 01 WATER OP-1991 CANNONBALL TRAIL 51-510-54-00-5480 123.03 INVOICE TOTAL: 123.03 * 4449087016-0812 09/05/12 01 SEWER OP LIFT STATIONS 52-520-54-00-5480 581.86 INVOICE TOTAL: 581.86 * 4475093053-0812 08/29/12 01 WATER OP-610 TOWER PLACE 51-510-54-00-5480 135.75 INVOICE TOTAL: 135.75 * 7090039005-0812 09/07/12 01 STREETS-LIGHTS 01-410-54-00-5480 20.37 INVOICE TOTAL: 20.37 * CHECK TOTAL: 3, 972.73 513940 DAVEAUTO DAVID L CHELSEN 19675 09/04/12 01 POLICE SQUAD REPAIR 01-210-54-00-5495 360.00 INVOICE TOTAL: 360.00 * 19676 09/04/12 01 POLICE-SQUAD REPAIR 01-210-54-00-5495 460.00 INVOICE TOTAL: 460.00 * 19688 09/06/12 01 POLICE-SQUAD REPAIR 01-210-54-00-5495 70.00 INVOICE TOTAL: 70.00 * 19699 09/10/12 01 POLICE TIRE DISPOSAL FEE 01-210-54-00-5495 60.00 INVOICE TOTAL: 60.00 * 19700 09/10/12 01 POLICE-TIRE DISPOSAL FEE 01-210-54-00-5495 90.00 INVOICE TOTAL: 90.00 * 19701 09/10/12 01 POLICE-SQUAD REPAIR 01-210-54-00-5495 120.00 INVOICE TOTAL: 120.00 * CHECK TOTAL: 1, 160.00 -7- DATE: 09/20/12 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 09:53:30 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/25/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------- 513941 DUTEK THOMAS & JULIE FLETCHER 644921 09/07/12 01 STREETS-HOSE ASSEMBLY 01-410-54-00-5495 39.80 INVOICE TOTAL: 39.80 CHECK TOTAL: 39.80 513942 EEI ENGINEERING ENTERPRISES, INC. 51337 08/29/12 01 ADMIN SERVICES-CENTRAL RT. 47 01-640-54-00-5465 464.00 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 464.00 51338 08/29/12 01 ADMIN SERVICES-GAME FARM / 01-640-54-00-5465 1,096.00 02 SOMONAUK IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 1,096.00 51339 08/29/12 01 CW CAPITAL-SAFE ROUTES TO 23-230-60-00-6092 1,250.00 02 SCHOOL ** COMMENT ** INVOICE TOTAL: 1,250.00 51340 08/29/12 01 ADMIN SERVICES-OVERWEIGHT 01-640-54-00-5465 106.50 02 TRUCK PERMITS ** COMMENT ** INVOICE TOTAL: 106.50 51341 08/29/12 01 ADMIN SERVICES-2011 BRIDGE 01-640-54-00-5465 3,575.00 02 INSPECTIONS ** COMMENT ** INVOICE TOTAL: 3,575.00 51342 08/29/12 01 ADMIN SERVICES-FOUNTAINVIEW 01-640-54-00-5465 737.25 INVOICE TOTAL: 737.25 51343 08/29/12 01 ADMIN SERVICES-CANNONBALL & 01-640-54-00-5465 524.75 02 RT 47 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 524.75 51344 08/29/12 01 ADMIN SERVICES KENDALL MARKET 01-640-54-00-5465 257.00 -8- DATE: 09/20/12 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 09:53:30 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/25/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ----------------------------------------------------------------------------------------------------------------- 513942 EEI ENGINEERING ENTERPRISES, INC. 51344 08/29/12 02 PLACE IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 257.00 * 51345 08/29/12 01 ADMIN SERVICES-BRISTOL BAY 01-640-54-00-5465 302.50 02 UNIT 5 ** COMMENT ** INVOICE TOTAL: 302.50 * 51346 08/29/12 01 ADMIN SERVICES-AUTUMN CREEK 01-640-54-00-5465 708.00 INVOICE TOTAL: 708.00 * 51347 08/29/12 01 ADMIN SERVICES-KENDALL COUNTY 01-640-54-00-5465 71.00 02 STORMWATER ORDINANCE ** COMMENT ** 03 TECHNICAL ADVISORY COMMITTEE ** COMMENT ** INVOICE TOTAL: 71.00 * 51348 08/29/12 01 ADMIN SERVICES-RAGING WAVES 01-640-54-00-5465 121.00 INVOICE TOTAL: 121.00 * 51349 08/29/12 01 ADMIN SERVICES-RUSH-COPLEY 01-640-54-00-5465 272.00 02 REGIONAL STORMWATER ** COMMENT ** 03 CONVEYANCE ** COMMENT ** INVOICE TOTAL: 272.00 * 51350 08/29/12 01 ADMIN SERVICES-RUSH-COPLEY 01-640-54-00-5465 90.75 02 PHASE 1 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 90.75 * 51351 08/29/12 01 ADMIN SERVICES-RUSH-COPLEY 01-640-54-00-5465 90.75 02 PHASE 1A & STORM RETROFITS ** COMMENT ** 03 IMPROVEMENTS ** COMMENT ** INVOICE' TOTAL: 90.75 * 51352 08/29/12 01 ADMIN SERVICES-UTILITY PERMIT 01-640-54-00-5465 704.50 02 REVIEWS ** COMMENT ** INVOICE TOTAL: 704.50 * -9- DATE: 09/20/12 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 09:53:30 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/25/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT --------------------------------------------------------------------------------------------------------- 513942 EEI ENGINEERING ENTERPRISES, INC. 51353 08/29/12 01 ADMIN SERVICES-FAXON ROAD 01-640-54-00-5465 140.50 02 MATTERS ** COMMENT ** INVOICE TOTAL: 140.50 * 51354 08/29/12 01 ADMIN SERVICES-MUNICIPAL 01-640-54-00-5465 1,900.00 02 ENGINEERING SERVICES ** COMMENT ** , INVOICE TOTAL: 1,900.00 * 51355 09/12/12 01 DOWNTOWN TIF-KENDALLWOOD 88-880-60-00-6000 390.50 02 ESTATES - PUNCHLIST ** COMMENT ** INVOICE TOTAL: 390.50 * 51356 08/29/12 01 ADMIN SERVICES-AUTUMN CREEK 01-640-54-00-5465 12,998.50 02 UNIT 2B ** COMMENT ** INVOICE TOTAL: 12,998.50 * 51357 08/29/12 01 ADMIN SERVICES-BLACKBERRY 01-640-54-00-5465 1,221.06 02 WOODS ** COMMENT ** INVOICE TOTAL: 1,221.06 * 51358 08/29/12 01 ADMIN SERVICES-610 TOWER LANE 01-640-54-00-5465 680.00 INVOICE TOTAL: 680.00 * 51359 08/29/12 01 ADMIN SERVICES-2012 MFT 01-640-54-00-5465 1,521.25 INVOICE TOTAL: 1,521.25 * 51362 08/29/12 01 ADMIN SERVICES--GIS UPDATES 01-640-54-00-5465 2,280.00 INVOICE TOTAL: 2,280.00 * 51363 08/29/12 01 ADMIN SERVICES-2001 BRIDGE ST. 01-640-54-00-5465 650.00 INVOICE TOTAL: 650.00 * 51364 08/29/12 01 ADMIN SERVICES-SWANSON LANE 01-640-54-00-5465 774.00 02 ESTATES ** COMMENT ** INVOICE TOTAL: 774.00 * -10- DATE: 09/20/12 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 09:53:30 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/25/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 513942 EEI ENGINEERING ENTERPRISES, INC. 51365 08/29/12 01 ADMIN SERVICES-CAPITAL 01-640-54-00-5465 417.50 02 IMPROVEMENT PROGRAM ** COMMENT ** INVOICE TOTAL: 417.50 CHECK TOTAL: 33,344.31 513943 EJEQUIP EJ EQUIPMENT 0051833 08/10/12 01 SEWER OP-REPLACED SUCTION AND 52-520-54-00-5495 1,658.05 02 DISCHARGE VALVES ON WATER PUMP ** COMMENT ** INVOICE TOTAL: 1,658.05 CHECK TOTAL: 1,658.05 513944 ENCAP ENCAP, INC. 23622 08/20/12 01 DEVELOPER ESCROW-FOXHILL BASIN 90-014-14-00-1111 497.16 02 MAINTENANCE ** COMMENT ** INVOICE TOTAL: 497.16 CHECK TOTAL: 497.16 513945 EXELON EXELON ENERGY 100441500110 09/02/12 01 SEWER OP-1 W ALLEY 52-520-54-00-5480 1,233.59 INVOICE TOTAL: 1,233.59 100441600110 08/30/12 01 WATER OP-2991 BRISTOL RIDGE 51-510-54-00-5480 3,650.83 INVOICE TOTAL: 3,650.83 100441900110 08/31/12 01 WATER OP-WELLS 3 & 4 51-510-54-00-5480 3,323.88 INVOICE TOTAL: 3,323.88 100587300110 08/30/12 01 WATER OP 2224 TREMONT STREET 51-510-54-00-5480 2, 707.92 INVOICE TOTAL: 2,707.92 -11- DATE: 09/20/12 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 09:53:30 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/25/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ----------------------------------------------------------------------------------------------------------------------------------- 513945 EXELON EXELON ENERGY 200306900280 09/01/12 01 WATER OP-LIGHTS 51-510-54-00-5480 138.66 INVOICE TOTAL: 138.66 * CHECK TOTAL: 11, 054.88 513946 GALLS GALL'S INC. 000004587 09/04/12 01 POLICE-UNDER ARMOUR BOOTS 01-210-56-00-5600 111.49 INVOICE TOTAL: 111.49 * 512398275 08/27/12 01 POLICE-BOOTS 01-210-56-00-5600 135.99 INVOICE TOTAL: 135.99 * CHECK TOTAL: 247.48 513947 GARDKOCH GARDINER KOCH & WEISBERG H-1844C 86928 09/04/12 01 ADMIN SERVICES-HUSS MATTERS 01-640-54-00-5461 4,294.00 INVOICE TOTAL: 4,294.00 * H-1961C-86541 09/03/12 01 ADMIN SERVICES KENDALL MARKET 01-640-54-00-5461 1,759.60 02 PLACE MATTERS ** COMMENT ** INVOICE TOTAL: 1, 759.60 H 2O13C-86945 09/04/12 01 ADMIN SERVIES-HAMMAN FEES 01-640-54-00-5461 2,981.50 02 MATTER ** COMMENT ** INVOICE TOTAL: 2,981.50 * H-2932C-86572 09/03/12 01 ADMIN SERVICES-WINDETTE RIDGE 01-640-54-00-5461 200.00 02, MATTERS ** COMMENT ** INVOICE TOTAL: 200.00 * CHECK TOTAL: 9,235.10 513948 GOODYEAR GOOD YEAR WHOLESALE TIRE CENTE -12- DATE: 09/20/12 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 09:53:30 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/25/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------ ------------------------------------------------------------------------------------------------------------------- 513948 GOODYEAR GOOD YEAR WHOLESALE TIRE CENTE 900232798 09/07/12 01 POLICE-6 TIRES 01-210-54-00-5495 704.28 INVOICE TOTAL: 704.28 CHECK TOTAL: 704.28 513949 GRAINCO GRAINCO FS., INC. 3966 08/08/12 01 WATER OP TIRES 51-510-54-00-5495 1,278.08 INVOICE TOTAL: 1,278.08 CHECK TOTAL: 1,278.08 513950 HDSUPPLY HD SUPPLY WATERWORKS, LTD. 5384810 09/06/12 01 WATER OP-100 CF METER, METER 51-510-56-00-5664 1,169.00 02 WASHERS, COUPLING ** COMMENT ** INVOICE TOTAL: 1,169.00 CHECK TOTAL: 1, 169.00 513951 HRGREEN HR GREEN 81652 08/08/12 01 ADMIN SERVICES-CANNONBALL & 01-640-54-00-5465 1,719.00 02 RT. 47 ** COMMENT ** INVOICE TOTAL: 1,719.00 CHECK TOTAL: 1, 719.00 513952 IPRF ILLINOIS PUBLIC RISK FUND 5392 09/05/12 01 ADMIN SERVICES-OCTOBER WORKERS 01-640-52-00-5231 5,820.00 02 COMPENSATION ** COMMENT ** 03 WATER OP-OCTOBER WORKERS 51-510-52-00-5231 724.00 04 COMPENSATION ** COMMENT ** -13- DATE: 09/20/12 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 09:53:30 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/25/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ----------------------------------------------------------------------------------------------------------------------------- 513952 IPRF ILLINOIS PUBLIC RISK FUND 5392 09/05/12 05 SEWER OP-OCTOBER WORKERS 52-520-52-00-5231 481.00 06 COMPENSATION ** COMMENT ** 07 ADMIN SERVICES-PARK/REC 01-640-52-00-5231 1,207.00 08 OCTOBER WORKERS COMPENSATION ** COMMENT ** 09 ADMIN SERVICES-REC CENTER 01-640-52-00-5231 379.00 10 OCTOBER WORKERS COMPENSATION ** COMMENT ** 11 LIBRARY-OCTOBER WORKERS 82-820-52-00-5231 840.00 12 COMPENSATION ** COMMENT ** INVOICE TOTAL: 9, 451.00 CHECK TOTAL: 9,451.00 513953 JIMSTRCK JAMES GRIBBLE 142402 09/05/12 01 STREETS-TRUCK INSPECTION 01-410-54-00-5495 26.00 INVOICE TOTAL: 26.00 * CHECK TOTAL: 26.00 513954 JOHNSOIL JOHNSON OIL COMPANY IL N235496409 09/01/12 01 POLICE-GASOLINE 01-210-56-00-5695 3,349.58 INVOICE TOTAL: 3,349.58 * CHECK TOTAL: 3,349.58 513955 JUSTSAFE JUST SAFETY, LTD 17428 07/27/12 01 ADMIN FIRST AID SUPPLIES 01-110-56-00-5610 25.85 INVOICE TOTAL: 25.85 * CHECK TOTAL: 25.85 513956 KENPRINT ANNETTE M. POWELL -14- DATE: 09/20/12 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 09:53:30 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/25/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513956 KENPRINT ANNETTE M. POWELL 19117 09/05/12 01 ADMIN-500 ALDERMAN BUSINESS 01-110-56-00-5610 35.50 02 CARDS, 1 ALDERMAN NAME PLATE ** COMMENT ** INVOICE TOTAL: 35.50 * 19119 09/07/12 01 POLICE-500 BUSINESS CARDS 01-210-54-00-5430 44.00 INVOICE TOTAL: 44.00 * CHECK TOTAL: 79.50 513957 KONICAMI KONICA MINOLTA BUSINESS 222050890 08/30/12 01 POLICE-COPIER CHARGES 01-210-54-00-5430 24.92 INVOICE TOTAL: 24.92 * 222050891 08/30/12 01 ADMIN-COLOR COPIER CHARGES 01-110-54-00-5430 189.12 02 ADMIN-B/W COPIER CHARGES 01-110-54-00-5430 131.33 INVOICE TOTAL: 320.45 * 222051716 08/30/12 01 STREETS-COPIER CHARGES 01-410-54-00-5462 6.94 INVOICE TOTAL: 6.94 * 222051717 08/30/12 01 POLICE-COPIER CHARGES 01-210-54-00-5430 39.13 INVOICE TOTAL: 39.13 * 222051718 08/30/12 01 COMM/DEV-COLOR COPIER CHARGES 01-220-54-00-5430 49.02 02 COMM/DEV-B/W COPIER CHARGES 01-220-54-00-5430 26.85 INVOICE TOTAL: 75.87 * CHECK TOTAL: 467.31 513958 LANEMUCH LANER, MUCHIN, DOMBROW, BECKER 403537 08/01/12 01 ADMIN SERVICES-PREPARATION OF 01-640-54-00-5463 171.00 02 AUDITORS REPONSE LETTER ** COMMENT ** INVOICE TOTAL: 171.00 CHECK TOTAL: 171.00 -15- DATE: 09/20/12 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 09:53:30 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/25/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513959 MARINEBI ARCH CHEMICALS, INC 11191 08/09/12 01 SUNFLOWER SSA-MONTHLY ALGAE 12-112-54-00-5495 812.00 02 TREATMENT ** COMMENT ** INVOICE TOTAL: 812.00 CHECK TOTAL: 812.00 513960 MCKIRGN RANDY MCKIRGAN 73236 08/07/12 01 STREETS-DIESEL 01-410-56-00-5695 948.80 02 WATER OP-DIESEL 51-510-56-00-5695 948.80 03 SEWER OP-DIESEL 52-520-56-00-5695 948.80 INVOICE TOTAL: 2,846.40 73273 08/15/12 01 STREETS-DIESEL 01-410-56-00-5695 120.62 02 WATER OP-DIESEL 51-510-56-00-5695 120.61 03 SEWER OP-DIESEL 52-520-56-00-5695 120.61 INVOICE TOTAL: 361.84 73274 08/15/12 01 STREETS-DIESEL 01-410-56-00-5695 320.61 02 WATER OP-DIESEL 51-510-56-00-5695 320.61 03 SEWER OP-DIESEL 52-520-56-00-5695 320.60 INVOICE TOTAL: 961.82 CHECK TOTAL: 4, 170.06 513961 MENLAND MENARDS - YORKVILLE 12087 08/29/12 01 STREETS-EARMUFFS 01-410-56-00-5620 13.99 INVOICE TOTAL: 13.99 * 14059 09/05/12 01 WATER OP-WRENCH, BATTERIES 51-510-56-00-5640 27.98 INVOICE TOTAL: 27.98 * 14190 09/06/12 01 STREETS-BIT SOCKETS 01-410-56-00-5620 18.98 INVOICE TOTAL: 18.98 * CHECK TOTAL: 60.95 -16- DATE: 09/20/12 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 09:53:30 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/25/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------- 513962 MERLIN DEYCO, INC. 19213 09/05/12 01 POLICE-OIL CHANGE 01-210-54-00-5495 29.95 INVOICE TOTAL: 29.95 * 19215 09/05/12 01 POLICE-OIL CHANGE 01-210-54-00-5495 29.95 INVOICE TOTAL: 29.95 * 19237 09/06/12 01 POLICE-OIL CHANGE 01-210-54-00-5495 29.95 INVOICE TOTAL: 29.95 * 19293 09/10/12 01 POLICE OIL CHANGE 01-210-54-00-5495 29.95 INVOICE TOTAL: 29.95 * CHECK TOTAL: 119.80 513963 MIDAMTEC MID AMERICAN TECHNOLOGY, INC 08950 08/29/12 01 WATER OP-SIGNAL CLAMP 51-510-54-00-5495 338.00 INVOICE TOTAL: 338.00 CHECK TOTAL: 338.00 513964 MJELECT MJ ELECTRICAL SUPPLY, INC. 1129788-01 09/04/12 01 STREETS-STREET LIGHT BULB AT 01-410-56-00-5656 79.00 02 BEECHER ** COMMENT ** INVOICE TOTAL: 79.00 1129791-00 09/04/12 01 LAND CASH RAINTREE B TENNIS 72-720-60-00-6036 1,452.25 02 COURT LIGHTS ** COMMENT ** INVOICE TOTAL: 1,452.25 1129791 01 09/04/12 01 LAND CASH RAINTREE B TENNIS 72-720-60-00-6036 275.00 02 COURT LIGHTS ** COMMENT ** INVOICE TOTAL: 275.00 -17- DATE: 09/20/12 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 09:53:30 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/25/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ---------------------------------------------------------------------------------------------------------------------- 513964 MJELECT MJ ELECTRICAL SUPPLY, INC. 1129857-00 09/05/12 01 STREETS-BULBS 01-410-56-00-5656 180.00 INVOICE TOTAL: 180.00 * 1129863-00 09/05/12 01 STREETS-BULBS 01-410-56-00-5656 29.45 INVOICE TOTAL: 29.45 * CHECK TOTAL: 2, 015.70 513965 NCI NORTHWEST COLLECTORS INC 071738 08/31/12 01 ADMIN-PAYMENT FOR COLLECTION 01-000-24-00-2440 126.50 INVOICE TOTAL: 126.50 * CHECK TOTAL: 126.50 513966 NICOR NICOR GAS 00-41-22-8748 4-0812 09/05/12 01 ADMIN-1107 PRAIRIE 01-110-54-00-5480 30.94 INVOICE TOTAL: 30.94 * 07 -72-09-0117 7-0812 08/21/12 01 ADMIN-1301 CAROLYN CT 01-110-54-00-5480 27.33 INVOICE TOTAL: 27.33 * 15-41-50-1000 6-0812 09/06/12 01 ADMIN-804 GAME FARM ROAD 01-110-54-00-5480 83.25 INVOICE TOTAL: 83.25 * 15-63-74-5733 2-0812 08/31/12 01 ADMIN-1955 S BRIDGE STREET 01-110-54-00-5480 30.19 INVOICE TOTAL: 30.19 * 15-64-61-3532 5-0812 09/05/12 01 ADMIN 1991 CANNONBALL TRAIL 01-110-54-00-5480 31.59 INVOICE TOTAL: 31.59 * 20-52-56-2042 1 -0812 09/06/12 01 ADMIN 420 FAIRHAVEN 01-110-54-00-5480 76.48 INVOICE TOTAL: 76.48 * -18- DATE: 09/20/12 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 09:53:30 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/25/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT --------------------------------------------------------------------------------------------------------------------------------------- 513966 NICOR NICOR GAS 23-45-91-4862 5-0812 08/31/12 01 ADMIN-101 BRUELL STREET 01-110-54-00-5480 80.93 INVOICE TOTAL: 80.93 * 31-61-67-2493 1-0812 09/05/12 01 ADMIN-276 WINDHAM CIRCLE 01-110-54-00-5480 30.77 INVOICE TOTAL: 30.77 * 45-12-25-4081 3-0812 08/31/12 01 ADMIN-201 W HYDRAULIC STREET 01-110-54-00-5480 25.43 INVOICE TOTAL: 25.43 * 46.69-47-6727 1-0812 09/05/12 01 ADMIN-1975 BRIDGE STREET 01-110-54-00-5480 85.97 INVOICE TOTAL: 85.97 * 49 25-61-1000 5-0812 08/31/12 01 ADMIN-1 VAN EMMON RD 01-110-54-00-5480 38.10 INVOICE TOTAL: 38.10 * 66 70-44-6942 9-0812 09/06/12 01 ADMIN 100 RAINTREE RD 01-110-54-00-5480 84.04 INVOICE TOTAL: 84.04 * CHECK TOTAL: 625.02 513967 NOBLEIND NOBLE INDUSTRIAL SUPPLY CORP. SI-93913 08/27/12 01 POLICE-GELLED HAND SANITIZER 01-210-56-00-5620 251.35 INVOICE TOTAL: 251.35 * CHECK TOTAL: 251.35 513968 OHERROND RAY O'HERRON COMPANY, INC. 0030704-CM 09/13/12 01 POLICE-RETURNED MERCHANDISE 01-210-56-00-5600 -21.90 02 CREDIT ** COMMENT ** INVOICE TOTAL: -21.90 0058801 IN 08/31/12 01 POLICE-PANTS, SHIRTS, SERVICE 01-210-56-00-5600 231.20 -19- DATE: 09/20/12 UNITED CITY OF YORKVILLE PAGE: 20 TIME: 09:53:30 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/25/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ----------------------------------------------------- ----------------------------------------- 513968 OHERROND RAY O'HERRON COMPANY, INC. 0058801-IN 08/31/12 02 BARS ** COMMENT ** INVOICE TOTAL: 231.20 CHECK TOTAL: 209.30 513969 ORRK KATHLEEN FIELD ORR & ASSOC. 13827 09/05/12 01 ADMIN SERVICES-MISCELLANEOUS 01-640-54-00-5456 6,697.50 02 CITY LEGAL MATTERS ** COMMENT ** 03 ADMIN SERVICES-MEETINGS 01-640-54-00-5456 1,000.00 04 ADMIN-FOX INDUSTRIAL LEGAL 01-000-24-00-2485 142.50 O5 DOWNTOWN TIF-LEGAL MATTERS 88-880-54-00-5466 608.00 INVOICE TOTAL: 8,448.00 CHECK TOTAL: 8, 448.00 513970 PARADISE PARADISE CAR WASH 222430 09/03/12 01 POLICE-AUGUST CAR WASHES 01-210-54-00-5495 63.00 INVOICE TOTAL: 63.00 CHECK TOTAL: 63.00 513971 PFPETT P.F. PETTIBONE & CO. 26148 09/10/12 01 POLICE-CITATION & COMPLAINT 01-210-54-00-5430 1,628.15 02 TICKETS, WARNING TICKETS, ** COMMENT ** 03 CRIME PREVENTION NOTICES ** COMMENT ** INVOICE TOTAL: 1,628.15 CHECK TOTAL: 1, 628.15 513972 PIAZZA AMY SIMMONS 091112 09/11/12 01 FINANCE-MILEAGE AND MEAL 01 120-5400-5415 38.53 -20- DATE: 09/20/12 UNITED CITY OF YORKVILLE PAGE: 21 TIME: 09:53:30 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/25/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT --------------------------------------------------- 513972 PIAZZA AMY SIMMONS 091112 09/11/12 02 REIMBURSEMENT FOR MFT AUDIT ** COMMENT ** 03 AND ACCOUNTING CLASS ** COMMENT ** INVOICE TOTAL: 38.53 CHECK TOTAL: 38.53 513973 QUILL QUILL CORPORATION 5561904 09/05/12 01 POLICE-CALENDAR, LYSOL, FILE 01-210-56-00-5610 206.42 02 FOLDERS, GLUE STICKS, TAPE ** COMMENT ** INVOICE TOTAL: 206.42 CHECK TOTAL: 206.42 513974 R0000780 ROYANNA REALTY 091212 09/12/12 01 ADMIN-REFUND OF OVERPAYMENT ON 01-000-13-00-1371 59.95 02 FINAL BILL ACCT#0109021030-04 ** COMMENT ** INVOICE TOTAL: 59.95 CHECK TOTAL: 59.95 513975 R0001080 ADVANCED PHYSICAL MEDICINE 091012 09/10/12 01 DEVELOPER ESCROW-REFUND LEGAL 90-038-38-00-0011 500.00 02 DEPOSIT ** COMMENT ** 03 CW CAPITAL-REFUND APPLICATION 23-000-42-00-4214 85.00 04 FEE ** COMMENT ** INVOICE TOTAL: 585.00 CHECK TOTAL: 585.00 513976 R0001081 KIM PETERSON 083112 08/31/12 01 ADMIN-REFUND TO PROPERTY OWNER 01 000 24-00-2440 234.92 -21- DATE: 09/20/12 UNITED CITY OF YORKVILLE PAGE: 22 TIME: 09:53:30 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/25/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ----------------------------------------------------------------------------------------------------------- 513976 R0001081 KIM PETERSON 083112 08/31/12 02 FOR PAYMENT FROM COLLECTION ** COMMENT ** 03 AGENCY ** COMMENT ** INVOICE TOTAL: 234.92 CHECK TOTAL: 234.92 513977 R0001083 KRISTI WILLIAMS 090712 09/07/12 01 ADMIN-TOW REFUND PER ORDER 01-000-43-00-4325 500.00 INVOICE TOTAL: 500.00 CHECK TOTAL: 500.00 513978 R0001084 DANIEL SCHLEITWILER 090412 09/04/12 01 ADMIN-REFUND OF OVERPAYMENT 01-000-13-00-1371 137.32 02 ON ACCOUNT ** COMMENT ** INVOICE TOTAL: 137.32 CHECK TOTAL: 137.32 513979 RUSITYORK RUSH-COPLEY HEALTHCARE 080212 08/02/12 01 ADMIN DRUG SCREEN 01-110-54-00-5462 25.00 INVOICE TOTAL: 25.00 CHECK TOTAL: 25.00 513980 SENGM SENG, MATT 091112 09/11/12 01 STREETS-REIMBURSEMENT PER 01-410-56-00-5600 254.00 02 UNION CONTRACT FOR PORTION OF ** COMMENT ** 03 PRESCRIPTION SAFETY GLASSES ** COMMENT ** INVOICE TOTAL: 254.00 CHECK TOTAL: 254.00 -22- DATE: 09/20/12 UNITED CITY OF YORKVILLE PAGE: 23 TIME: 09:53:30 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/25/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DAIE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513981 SERVMASC SERVICEMASTER COMM. CLEANING 158335 08/15/12 01 ADMIN-MONTHLY CITY OFFICE 01-110-54-00-5488 1, 196.00 02 CLEANING ** COMMENT ** INVOICE TOTAL: 1, 196.00 CHECK TOTAL: 1,196.00 513982 SIMPLEX SIMPLEXGRINNELL LP 68153668 09/06/12 01 STREETS-RESTORED SYSTEM TO 01-410-54-00-5446 497.00 02 CLEAR TROUBLE ALERTS ** COMMENT ** INVOICE TOTAL: 497.00 CHECK TOTAL: 497.00 513983 SOFTWARE SOFTWARE PERFORMANCE 411088 09/05/12 01 ADMIN SERVICES-08/18/12 TRAVEL 01-640-54-00-5450 25.00 02 CHARGE ** COMMENT ** INVOICE TOTAL: 25.00 CHECK TOTAL: 25.00 513984 SOSTECH SOS TECHNOLOGIES 54680 09/13/12 01 POLICE-HEARTSTART SMART PADS 01-210-56-00-5640 46.95 INVOICE TOTAL: 46.95 CHECK TOTAL: 46.95 513985 STATEPOL STATE POLICE SERVICES FUND 103012 09/13/12 01 POliICE-BASIC TRAINING COURSE 01-210-54-00-5412 2,882.00 02 FOR 1 RECRUIT ** COMMENT ** INVOICE TOTAL: 2,882.00 CHECK TOTAL: 2, 882.00 -23- DATE: 09/20/12 UNITED CITY OF YORKVILLE PAGE: 24 TIME: 09:53:30 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/25/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------ 513986 STREICH STREICHERS I954546 08/27/12 01 POLICE BALLISTIC PLATE 01-210-56-00-5600 385.00 INVOICE TOTAL: 385.00 * I957417 09/07/12 01 POLICE-PANTS, JACKETS 01-210-56-00-5600 54.99 INVOICE TOTAL: 54.99 * CHECK TOTAL: 439.99 513987 THORGARD THOR GUARD, INC. 082412 08/24/12 01 POLICE-EXTENDED WARRANTY 01-210-54-00-5495 400.00 02 AGREEMENT ** COMMENT ** INVOICE TOTAL: 400.00 CHECK TOTAL: 400.00 513988 TLCGROUP THE T.L.C. GROUP, LTD. 27674 08/28/12 01 FOX HILL SSA-AUGUST MOWING 11-111-54-00-5495 529.00 02 SUNFLOWER SSA-AUGUST MOWING 12-112-54-00-5495 500.00 INVOICE TOTAL: 1,029.00 CHECK TOTAL: 1,029.00 513989 VEOLIA VEOLIA ES SOLID WASTE MIDWEST T00000816145 08/25/12 01 HEALTH & SANITATION-AUGUST 01-540-54-00-5442 66,570.30 02 SERVICE ** COMMENT ** 03 HEALTH & SANTATION-AUGUST 01-540-54-00-5441 11,029.50 04 SENIOR SUBSIDY ** COMMENT ** INVOICE TOTAL: 77,599.80 CHECK TOTAL: 77, 599.80 513990 VERIZON VERIZON WIRELESS -24- DATE: 09/20/12 UNITED CITY OF YORKVILLE PAGE: 25 TIME: 09:53:30 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/25/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------- 513990 VERIZON VERIZON WIRELESS 2793943916 09/01/12 01 COMMDEV-08/14 -10/01 USAGE 01-220-54-00-5440 251.27 02 COMM/DEV-PHONES & CASES 01-220-56-00-5620 345.45 03 POLICE 08/14 - 10/01 USAGE 01-210-54-0'0-5440 1,138.78 04 POLICE PHONES & CASES 01-210-56-00-5620 942.82 05 PARKS-08/14 - 10/01 USAGE 79-790-54-00-5440 145.41 06 PARKS-PHONES & CASES 79-790-56-00-5620 41.97 07 RECREATION-08/14 - 10/01 USAGE 79-795-54-00-5440 96.95 08 RECREATION-PHONES & CASES 79-795-56-00-5620 27.98 09 WATER OP-08/14 - 10/01 USAGE 51-510-54-00-5440 353.96 10 WATER OP-PHONES & CASES 51-510-56-00-5620 140.96 11 SEWER OP-08/14 - 10/01 USAGE 52-520-54-00-5440 124.65 12 SEWER OP-PHONES & CASES 52-520-56-00-5620 84.97 13 STREETS-08/14 - 10/01 USAGE 01-410-54-00-5440 222.12 14 STREETS-PHONES & CASES 01-410-56-00-5620 112.97 INVOICE TOTAL: 4,030.26 CHECK TOTAL: 4,030.26 513991 WAREHOUS WAREHOUSE DIRECT 1647075-0 08/13/12 01 ADMIN-STENO BOOKS, POST-ITS, 01-110-56-00-5610 37.32 02 CORRECTION TAPE, RIBBON ** COMMENT ** 03 COMM/DEV-COMPRESSOR FASTNER 01-220-56-00-5610 9.15 INVOICE TOTAL: 46.47 * 1678506-0 09/11/12 01 FINANCE-CALCULATOR 01-120-56-00-5630 85.79 INVOICE TOTAL: 85.79 * CHECK TOTAL: 132.26 513992 WATERSYS WATER SOLUTIONS UNLIMITED, INC 32069 08/23/12 01 WATER OP-PHOSPHATE 51-510-56-00-5638 2,070.00 INVOICE TOTAL: 2,070.00 CHECK TOTAL: 2,070.00 -25- DATE: 09/20/12 UNITED CITY OF YORKVILLE PAGE: 26 TIME: 09:53:30 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/25/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513993 WERDERW WALLY WERDERICH 090712 09/07/12 01 POLICE-08/10/12, 08/24/12 & 01-210-54-00-5467 450.00 02 08/31/12 ADMIN HEARINGS ** COMMENT ** INVOICE TOTAL: 450.00 CHECK TOTAL: 450.00 513994 WIREWIZ WIRE WIZARD OF ILLINOIS, INC 14427 09/01/12 01 WATER OP-ALARM MONITORING FOR 51-510-54-00-5445 310.50 02 OCTOBER 1 - DECEMBER 31, 2012 ** COMMENT ** 03 SEWER OP-ALARM MONITORING FOR 52-520-54-00-5444 310.50 04 OCTOBER 1 - DECEMBER 31, 2012 ** COMMENT ** INVOICE TOTAL: 621.00 CHECK TOTAL: 621.00 513995 YORKACE YORKVILLE ACE & RADIO SHACK 073112 07/31/12 01 POLICE-RETURNED MERCHANDISE 01-210-56-00-5620 -17.98 02 CREDIT ** COMMENT ** INVOICE TOTAL: -17.98 * 145325 08/29/12 01 POLICE-EXTENSION CORDS 01-210-56-00-5620 25.99 INVOICE TOTAL: 25.99 * 145474 09/10/12 01 SEWER OP-BLACKTOP SEALER 52-520-56-00-5613 4.99 INVOICE TOTAL: 4.99 * CHECK TOTAL: 13.00 513996 YORKCLER YORKVILLE CLERK'S ACCOUNT 156917 09/07/12 01 ADMIN-WARD REDISTRICTION 01-110-54-00-5448 61.00 02 ORDINANCE ** COMMENT ** INVOICE TOTAL: 61.00 -26- DATE: 09/20/12 UNITED CITY OF YORKVILLE PAGE: 27 TIME: 09:53:30 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 09/25/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT -------------------------------------------------------------------------------------------------------------------------- 513996 YORKCLER YORKVILLE CLERK'S ACCOUNT 157007 09/10/12 01 WATER OP-FILED AND RELEASED 51-510-54-00-5448 147.00 02 WATER LIENS ** COMMENT ** 03 PW CAPITAL-RELEASE TWO MOWING 21-211-54-00-5448 98.00 04 LIENS ** COMMENT ** 05 DEVELOPER ESCROW-ORDINANCE 90-016-16-00-0011 103.00 06 TO APPROVE AN AMENDMENTMENT ** COMMENT ** 07 TO AN ANNEXATION AGREEMENT FOR ** COMMENT ** 08 BLACKBERRY WOODS ** COMMENT ** INVOICE TOTAL: 348.00 CHECK TOTAL: 409.00 513997 YORKGFPC PETTY CASH 091412 09/14/12 01 ADMIN SOAP, TAPE 01-110-56-00-5610 2.29 02 POLICE-GASOLINE 01-210-56-00-5695 49.90 INVOICE TOTAL: 52.19 CHECK TOTAL: 52.19 513998 YORKNAPA YORKVILLE NAPA AUTO PARTS 013202 08/15/12 01 STREETS-OIL FILTER 01-410-54-00-5495 5.36 INVOICE TOTAL: 5.36 CHECK TOTAL: 5.36 513999 YOUNGM MARLYS J. YOUNG 081412 09/09/12 00 MINUTES ** COMMENT ** 081412 09/09/12 01 ADMIN-AUGUST 14 MEETING 01-110-54-00-5462 101.15 INVOICE TOTAL: 101.15 CHECK TOTAL: 101.15 TOTAL AMOUNT PAID: 289, 713.43 -27- UNITED CITY OF YOR"ILLE CITY COUCIL BILL LIST SUMMARY Tuesday, September 25, 2012 PAYROLL DATE BI-WEEKLY 9/14/2012 $208,534.48 TOTAL PAYROLL $208,534.48 ACCOUNTS PAYABLE BILLS LIST - FY 13 9/25/2012 $289,713.43 MANUAL BILL LIST- EGIZIO BUILD PROGRAM 9/14/2012 $10,000.00 MANUAL BILL LIST- BAIER BUILD PROGRAM 9/20/2012 $10,000.00 TOTAL BILLS PAID $309,713.43 TOTAL DISBURSE' ENTS $518,247.91 -28- `� 13 fry Reviewed By: �� �•s► Legal ■ Agenda Item Number Finance ❑ CA#2 EST. -� _ 1838 Engineer ■ City Administrator ■ Human Resources ❑ Tracking Number ❑; `�� Community Development ■ PW 2012-49 A ��' Police F-1 LE Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Shell Oil request for limited area groundwater ordinance Meeting and Date: City Council September 25, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: Bart Olson, City Administrator EST. _ 1836 From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. <C Ec° Lisa Pickering, Deputy City Clerk Date: September 10, 2012 Subject: 2001 Bridge Street—Proposed Limited Area Groundwater Ordinance Background In 2008, the Shell Gas Station, located at 2001 Bridge Street(at the intersection of IL Route's 71 and 47), performed routine soil and groundwater sample analysis on site. The groundwater analysis indicated that there was a release of petroleum on site. The levels of petroleum indicated that the underground storage tank itself had not leaked, but rather the impacts are believed to be the result of historic overfills of the tank and/or spills on the property during the filling of gas tanks in vehicles. As a result of the petroleum release, Shell notified the Illinois Environmental Protection Agency (IEPA) and Illinois Emergency Management Agency (IEMA), and incident numbers were assigned by each of these agencies. Shell then contracted with an environmental consultant, Groundwater & Environmental Services, Inc. (GES), to continue testing and prepare the necessary reports for the IEPA. We have received documentation for the following reports from Shell/GES, which have been reviewed and approved by the IEPA: 1. 45-Day Report Dated: 7/30/08 2. Amended Site Investigation Plan(SIP) Dated: 5/20/09 3. Site Investigation Completion Report Dated: 3/26/10 4. Revised Corrective Action Plan(CAP) Dated: 1/16/12 These reports provide details of soil and groundwater testing, as well as the proposed methods of remediation. The soil testing results indicated that the soil was not contaminated by the petroleum release, according to the tiered requirements of the IEPA. The groundwater testing indicated that the concentration of methyl-tertiary butyl ether (MTBE) was above the minimum tiered requirement of the IEPA at two sampling locations on site. It is also important to note that there does not appear to be a continuing release of petroleum from the Shell site and the levels of MTBE have been decreasing over time. Shell/GES was required to submit proposed methods of remediation to the IEPA in the form of a Corrective Action Plan (CAP). Ultimately, the goal for Shell is to obtain a No Further Remediation (NFR) letter from the IEPA. NFR letters provide closure to incidents that do not pose imminent or significant public health concerns. Because water levels vary, it is difficult to completely remediate groundwater. In these cases, the IEPA prefers the use of"institutional controls" to prevent the use of potentially contaminated groundwater for potable sources. As such, the reports by Shell/GES include groundwater modeling to determine the worst case scenario for the spread of the MTBE's via the groundwater. This modeling indicates that there is a possibility that at some point in time there might be some MTBE's present in the groundwater on the property on the north side of IL Route 71 —the current Walgreens property. The next step to prohibit the use of the potentially contaminated groundwater as a potable water supply within the modeled extent is the institution of a Limited Area Groundwater Ordinance (LGWO) with the City. This is common practice in these situations and is a requirement to obtain the NFR letter from the IEPA. Once the LGWO is ratified by the City, potable water wells could not be constructed on these properties. This would not seem to be an issue, since both properties receive potable water from the City's water system. Concurrently with the LGWO ratification, Shell is seeking to enter into a Highway Authority Agreement with IDOT for affected portions of IL Route 71 and IL Route 47. This agreement would prohibit the use of the groundwater within the highway property boundaries to be used as a potable water source. This Highway Authority Agreement is also a requirement to obtain the NFR letter from the IEPA. Once all of the required documentation is submitted to the IEPA and an NFR letter is obtained, it will be recorded to the deed of the Subject Property with the condition that groundwater beneath the site is prohibited from use as a potable water supply. Also, Shell will provide property owners within the modeled extend of groundwater impacts with written notification of Shell's use of the LGWO and provide the IEPA with written proof of these notifications within 45 days from the date the NFR letter is recorded. This will satisfy all of the IEPA's requirements for the NFR letter and documentation. Shell has also proposed to enter into a Limited Environmental Indemnity Agreement (Agreement) with the City. This Agreement is above and beyond any requirements by the IEPA and would be strictly between the City and Shell. This agreement seeks to address any concerns that the City might have regarding future construction activities within the modeled area, as identified in the LGWO. If the City adopts the LGWO and Agreement,the City will not be responsible in any way for the cost associated with encountering,removing and/or disposing of the contaminated soil and/or groundwater. Proposed Action It is our recommendation that the proposed Limited Area Groundwater Ordinance(LGWO)be considered for approval and the Limited Environmental Indemnity Agreement be executed subject to review by the City's attorney. If you have any questions or require additional information, please let us know. Resolution No. 2012- A RESOLUTION APPROVING A LIMITED ENVIRONMENTAL INDEMNITY AGREEMENT WITH EQUILON ENTERPRISES LLC DOING BUSINESS AS SHELL OIL PRODUCTS US LLC (Southwest corner of South Bridge Street and Route 71) Whereas, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS,the property located at the southwest corner of South Bridge Street and Route 71 has been used over a period of time for commercial or industrial purposes; and, WHEREAS,because of said use, concentrations of certain chemical constituents in the groundwater beneath the United City of Yorkville may exceed Class I groundwater quality standards for potable resource groundwater as set forth in 35 Illinois Administrative Code 620 or Tier 1 remediation objectives as set forth in 35 Illinois Administrative Code 742; and, WHEREAS,the United City of Yorkville desires to limit the potential liability of the City by entering into a Limited Environmental Indemnity Agreement with Equilon Enterprises LLC the owner of the property. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the LIMITED ENVIRONMENTAL INDEMNITY AGREEMENT, between Equilon Enterprises LLC d/b/a Shell Oil Products US LLC and the City attached hereto as Exhibit A and made a part hereof by reference, is hereby approved, and Gary J. Golinski, Mayor, is hereby authorized to execute said Agreement on behalf of the United City of Yorkville. Section 2. This Resolution shall be in full force and effect upon its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2012. CITY CLERK Resolution No.2012- Page 1 ROSE ANN SPEARS DIANE TEELING KEN KOCH JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2012. MAYOR Resolution No.2012- Page 2 LIMITED ENVIRONMENTAL INDEMNITY AGREEMENT This LIMITED ENVIRONMENTAL INDEMNITY AGREEMENT (the" Agreement") is entered into as of the day of , 2012, by Equilon Enterprises LLC d/b/a Shell Oil Products US LLC ("Indemnitor") and the United City of Yorkville, Kendall, Illinois (the "City"). RECITALS A. WHEREAS, Indemnitor was the owner of certain real property located at 2001 Bridge Street, Yorkville, IL (the "Property") and legally described in Exhibit A; and B. WHEREAS, an underground storage tank system, as defined in 40 CFR Part 280 or supplanting federal regulations, owned by Indemnitor or its predecessor in interest ("UST System"),was present on the Property; and C. WHEREAS, releases to the environment of petroleum hydrocarbons, including gasoline additives, has occurred in the past at the Property. Used/waste oil and hydraulic oil may be present on the Property. (All of the previously mentioned compounds and those identified in TACO modeling calculations for the groundwater contamination identified at the Property are hereby collectively referred to as "Compounds of Concern".) As a result of said releases,the groundwater at the Property contains detectable concentrations of Compounds of Concern. The groundwater impacted by Compounds of Concern extends beyond the Property. The Illinois Emergency Management Agency has assigned incident number 20081143 to the release at the Property; and D. WHEREAS, Indemnitor desired to limit any potential threat to human health from groundwater impacted with the Compounds of Concern and requested that the City enact a limited area groundwater ordinance that prohibited the installation of new groundwater wells for potable water supply in an area adjacent to and including the Property, and E. WHEREAS, Indemnitor has requested the City to adopt a limited area groundwater ordinance (the"LGWO")which would prevent the use of groundwater as a potable water source in the area as defined and depicted in the proposed LGWO; and F. WHEREAS,the proposed LGWO is attached hereto as Exhibit B showing the area subject to this Agreement shall be the area in, under and adjacent to the Property which is within the jurisdiction of the City; and G. WHEREAS, as a condition of adopting the LGWO,the City has requested Indemnitor enter into this Agreement to address potential issues that may arise during Construction activities by the City in the LGWO area, NOW, THEREFORE, in consideration of the terms and covenants contained herein including the recitals set forth hereinbefore, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: I 1. This Agreement is not binding upon the City until it is executed by the undersigned representative of the City and,prior to execution,this Agreement constitutes an offer by Indemnitor. The duly authorized representative of Indemnitor has signed this Agreement, and this Agreement is binding upon Indemnitor, its successors and assigns. 2. The City agrees that it will adopt the LGWO provided, however,that if the City does not adopt the LGWO or rescinds the LGWO, this Agreement shall be deemed null and void, and neither parry shall have any further recourse against the other pursuant to this Agreement. Nothing contained in this Agreement shall be construed as an admission of liability by Indemnitor for any environmental condition at or adjacent to the Property but, if approved by the City, Indemnitor will undertake the activities set forth herein irrespective of this non admission. No breach by the City, its agents, trustees, employees and its successors in interest of a provision of this Agreement is actionable in law or equity by Indemnitor against the City, and Indemnitor hereby releases the City and City Affiliates (as defined below) from any cause of action it may have against them arising under this Agreement or Environmental Laws (as defined below),regulations or common law. 3. Indemnitor on behalf of itself, its successors and assigns shall covenant and agree, at its sole cost and expense, to indemnify, defend and hold the City and the City's former, current and future officials, trustees, officers, servants, employees, agents, successors and assigns (collectively "City Affiliates"), both in their capacities as City representatives and as individuals, harmless from and against any loss, actions, responsibilities, obligations, liability, damage, expenses, claims (whether asserted or unasserted, direct or indirect, existing or inchoate, known or unknown, having arisen or to arise in the future), penalties, fines, injunctions, suits (including but not limited to suits alleging or related to personal injury and/or death), proceedings, disbursements or expenses (including, all reasonable attorneys' and experts' fees and disbursements and court costs) (collectively, the "Liabilities"), arising under or relating to any Environmental Laws (as defined below), or any other Liabilities which may be incurred by or asserted against any of the City Affiliates resulting or arising from, alleged to arise from, or caused by, in whole or in part, from the presence of Hazardous Material (as defined below) on, in or from the Property (including the groundwater thereunder) and/or any condition of any property (including groundwater) or surface water alleged to have been caused by the migration, transportation, release or threatened release of Hazardous Materials on or from the Property. Indemnitor shall assume the defense of all suits, administrative proceedings and disputes of any description with all persons, entities, political subdivisions or government agencies arising out of the matters to be indemnified under this Agreement. Indemnitor shall pay, promptly upon entry, any nonappealable order, judgment or other final resolution of any claim or dispute arising out of the matters to be indemnified under this Agreement and shall pay promptly when due any fines, penalties or agreed settlements arising out of the matters to be indemnified under this Agreement. In the event that such payment is not made, the City or any City Affiliate, at their sole discretion, may proceed to file suit against the Indemnitor to compel such payment. Indemnitor also agrees that it will not settle or compromise any action, suit or proceeding without the City's prior written consent, which consent shall not be unreasonably withheld. For purposes of this Agreement, "Hazardous Materials" means and includes Compounds of Concern or those chemicals or substances which are or were commonly used at The Property 2 which are defined as hazardous, special or toxic materials, substances or waste under any Environmental Law. "Environmental Laws" collectively means and includes any present and future local, state, federal or international law, statute, ordinance, order, decree, rule, regulation or treaty relating to public health, safety or the environment (including those laws relating to releases, discharges, emissions or disposals to air, water, land or groundwater, to the withdrawal or use of groundwater, to the use, handling, storage, disposal, treatment, transportation or management of Hazardous Materials) including, without limitation, the Resource Conservation and Recovery Act, as amended ("RCRA"), 42 U.S.C. §6901, et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §9601, et seq., as amended by the Superfund Amendments and Reauthorization Act of 1986 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq., the Clean Water Act, 33 U.S.C. §1251, et seq., the Clean Air Act, as amended, 42 U.S.C. §7401, et seq., the Toxic Substances Control Act, 15 U.S.C. §2601, et seq., the Safe Drinking Water Act, 42 U.S.C. §300f, et seq., the Occupational Safety and Health Act, 29 U.S.C. §655, et seq., the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §136, et seq., the National Environmental Policy Act, 42 U.S.C. §4321, et seq., the Emergency Planning and Community Right-to-Know Act, 42 U.S.C. §11001, et seq., and the Illinois Environmental Protection Act, and the amendments, regulations, orders, decrees, permits, licenses or deed restrictions now or hereafter promulgated thereunder. In addition to the indemnity provided above, if the City or City Affiliates encounter Hazardous Materials while working in, on or under the LGWO Area or encounter Hazardous Materials migrating from the Property, the City has the right to remove contaminated soil or groundwater above Tier 1 residential remediation objectives (as set forth in the Tiered Approach to Cleanup Objectives, Title 35, Part 742) from the area it is working and intends to do work and to dispose of them as it deems appropriate not inconsistent with applicable Environmental Laws so as to avoid causing a further release of the Hazardous Materials and to protect human health and the environment. If Hazardous Materials are found anywhere within the boundaries of the proposed LGWO, there is a rebuttable presumption that the Hazardous Materials migrated from and are attributable to the Property. Prior to taking any action noted above, the City will first give Indemnitor not less than sixty (60) days prior written notice, unless there is an emergency or an immediate threat to the health or safety to any individual or to the public, that it intends to perform a site investigation and remove or dispose of contaminated soil or groundwater to the extent necessary for its work. Failure to give notice is not a violation of this Agreement. The removal or disposal shall be based upon the site investigation (which may be modified by field conditions during excavation), which Indemnitor may review or may perform. If practicable, Indemnitor shall be allowed to remove and dispose of the contaminated soil and/or groundwater necessary for the City's work in advance of that work. In any event, Indemnitor shall reimburse the reasonable incremental costs incurred by the City to perform the site investigation and to dispose of any contaminated soil or groundwater. The parties understand and agree that the City's soil and groundwater removal will be in conjunction and/or associated with other work being done by the City in, on, under or near the Property, and part of the purpose of this paragraph is that if the City encounters contaminated soil and/or groundwater while working on its utilities, or on a municipal project or otherwise, it will not be responsible in any way for the cost associated with encountering, removing and/or disposing of the contaminated soil and/or groundwater. In addition, it is specifically understood and agreed between the parties that 3 the City will not be identified at any time, in any place, document or manifest as the owner, generator or transporter of contaminated soil or groundwater taken from the Property. If asked, Indemnitor will cooperate with the City in the removal and disposal of such soil and groundwater and will sign all necessary documents and manifests for the proper transportation and disposal of the soil and/or groundwater. 4. This Agreement is intended by the parties hereto to be limited to claims, costs, expenses, causes of action, penalties, Liabilities, losses and damages actually sustained and incurred by the City Affiliates or for which the City Affiliates are found to be legally liable that arise as a consequence of Hazardous Materials that were released or alleged to be released into the environment from the Property within the LGWO Area. In order to assist City in its consideration of the provisions of this Agreement, Indemnitor also agrees it will reimburse City its reasonable attorneys' fees incurred in the review of this Agreement and the attached LGWO and incurred to defend any lawsuits and/or claims brought against the City that arise as a consequence of the hazardous materials that were released or alleged to be released into the environment from the Property within the LGWO area. 5. Any notice required or permitted to be given to either party shall be deemed to be received by such party (i) three (3) days after deposit in the United States Registered or Certified Mail, Return Receipt Requested, or (ii) one (1) business day after deposit with a nationally recognized overnight delivery service guaranteeing next business day delivery, or (iii) upon personal delivery to the party to whom addressed provided that a receipt of such delivery is obtained, or (iv) on the same business day as transmitted and confirmed by telecopy provided that a confirmation copy is concurrently deposited in United States Certified or Registered Mail, Return Receipt Requested. Such notices shall be addressed to the parties at the following addresses: If to Indemnitor: John Robbins Environmental Program Manager Shell Oil Products US 20945 S. Wilmington Avenue Carson CA 90810 Phone: 815-468-8824 Fax: 713-423-0544 If to the City: City Administrator United City of Yorks ille 800 Game Farm Road Yorkville, IL 60560 with a copy to: Kathleen Field Orr&Associates 53 West Jackson Blvd. Suite 935 Chicago, Illinois 60604 ATTN: Kathleen Orr 4 or to the parties at such other addresses or telecopy numbers as they may designate by notice to the other parry as herein provided. 6. This Agreement has been made and delivered in Illinois and shall be construed according to and governed by the internal laws of the State of Illinois without regard to its conflict of law rules. If any provision hereof shall be held invalid, prohibited or unenforceable under any applicable laws of any applicable jurisdiction, such invalidity, prohibition or unenforceability shall be limited to such provision and shall not affect or invalidate the other provisions hereof or affect the validity or enforceability of such provision in any other jurisdiction, and to that extent, the provisions hereof are severable. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. 7. Failure of the City to require performance of any provision of this Agreement shall not affect the City's right to require full performance thereof at any time thereafter, and the waiver by the City of a breach of any provision of this Agreement shall not constitute or be deemed a waiver of a similar breach in the future, or any other breach, or nullify the effectiveness of such provisions of this Agreement. The rights and remedies of the City of this Agreement are cumulative. The exercise or use of any one or more thereof shall not bar the City from exercise or use of any other right or remedy provided herein or otherwise provided by law, nor shall exercise or use of any right or remedy by the City waive any other right or remedy. 8. This Agreement shall be binding upon the Indemnitor and the successors and assigns for so long as the LGWO is required by Indemnitor as an Institutional Control as defined by the Environmental Laws. Provided, however, Indemnitor's duty to indemnify City shall survive if the Liabilities are incurred during the effective period of the LGWO. No transfer of Indemnitor's rights or obligations hereunder shall be made without the prior written approval of the City's Board of Trustees, which approval shall not be unreasonably withheld or conditioned. 9. This Agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof. This Agreement may not be amended, modified, revised, supplemented or restated except by a writing signed by each of the parties hereto. In construing this Agreement or determining the rights of the parties hereunder, no party shall be deemed to have drafted or created this Agreement or any portion thereof. 10. The executing representatives of the parties to this Agreement represent and certify that they are fully authorized to enter into the terms and conditions of this Agreement and to execute and legally bind that party to it. 5 IN WITNESS WHEREOF, the parties have executed this Limited Environmental Indemnity Agreement as of the day, month and year first above written. UNITED CITY OF YORKVILLE EQUILON ENTERPRISES LLC, d/b/a SHELL ILPR DUCTS US By: By: �A Name: Name: W.E. Platt III Title: _ Title: Claims Manager 6 EXHIBIT A LEGAL DESCRIPTION: PARCEL ONE: THAT PART OF THE SOUTHEAST 1/4 OF SECTION 5 AND THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 36 NORTH,RANGE 7,EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 8; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 8,A DISTANCE OF 569.2 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 47; THENCE NORTHWESTERLY ALONG SAID CENTER LINE OF ILLINOIS ROUTE 47 TO THE CENTER LINE OF ILLINOIS ROUTE 71;THENCE SOUTHWESTERLY ALONG SAID ILLINOIS ROUTE 71 CENTER LINE,BEING A CURVED LINE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 7,639.49 FEET FOR AN ARC DISTANCE OF 431.45 FEET WITH AN ASSUMED CHORD BEARING OF SOUTH 83 DEGREES 40 MINUTES 20 SECONDS WEST AND A CHORD DISTANCE OF 431.39 FEET; THENCE SOUTH 14 DEGREES 41 MINUTES 22 SECONDS EAST,A DISTANCE OF 58.33 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 71,FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 14 DEGREES 41 MINUTES 22 SECONDS EAST,A DISTANCE OF 248.92 FEET TO A POINT LOCATED 302.84 FEET RADIALLY AND SOUTHERLY OF THE CENTER LINE OF ILLINOIS ROUTE 71 FROM A POINT ON SAID CENTER LINE AT AN ARC DISTANCE OF 380.0 FEET SOUTHWESTERLY OF SAID INTERSECTION OF ILLINOIS ROUTE 71 AND ILLINOIS ROUTE 47; THENCE SOUTH 54 DEGREES 39 MINUTES 41 SECONDS EAST,A DISTANCE OF 200.0 FEET; THENCE NORTH 77 DEGREES 11 MINUTES 59 SECONDS EAST,A DISTANCE OF 268.90 FEET TO THE WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47; THENCE NORTHWESTERLY ALONG THE WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47,BEING A CURVED LINE CONCAVE TO THE NORTHEAST,HAVING A RADIUS OF 1970.08 FEET FOR AN ARC DISTANCE OF 162.78 FEET WITH A CHORD BEARING OF NORTH 22 DEGREES 32 MINUTES 48 SECONDS WEST,WITH A CHORD DISTANCE OF 162.73 FEET;THENCE NORTH 54 DEGREES 52 MINUTES 44 SECONDS WEST ALONG THE SOUTHWESTERLY ANGLED RIGHT OF WAY LINE BETWEEN ILLINOIS ROUTES 47 AND 71,A DISTANCE OF 290.69 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 71;THENCE SOUTH 83 DEGREES 44 MINUTES 46 SECONDS WEST ALONG THE SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 71,A DISTANCE OF 189.45 FEET TO THE POINT OF BEGINNING,ALL IN KENDALL COUNTY, ILLINOIS. PARCEL TWO: EASEMENT FOR INGRESS AND EGRESS CREATED BY AGREEMENT RECORDED AUGUST 11, 1994 AS DOCUMENT 9408165 AND GRANTED IN DEED RECORDED AUGUST 11, 1994 AS DOCUMENT 9408167 MADE BY SHELL OIL COMPANY AND THOMAS AND EDITH HUGHES FOR THE BENEFIT OF PARCEL ONE OVER THAT PART OF THE SOUTHEAST 1/4 OF SECTION 5 AND THE NORTHEAST 1/4 OF SECTION 8,TOWNSHIP 36 NORTH,RANGE 7,EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 8;THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 8,A DISTANCE OF 569.2 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 47;THENCE NORTHWESTERLY ALONG SAID CENTER LINE OF ILLINOIS ROUTE 47 TO THE CENTER LINE OF ILLINOIS ROUTE 71;THENCE SOUTHWESTERLY ALONG SAID ILLINOIS ROUTE 71 CENTER LINE,BEING A CURVED LINE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 7,639.49 FEET FOR AN ARC DISTANCE OF 431.45 FEET WITH AN ASSUMED CHORD BEARING OF SOUTH 83 DEGREES 40 MINUTES 20 SECONDS WEST AND A CHORD DISTANCE OF 431.39 FEET;THENCE SOUTH 14 DEGREES 41 MINUTES 22 SECONDS EAST,A DISTANCE OF 58.33 7 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 71,FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 14 DEGREES 41 MINUTES 22 SECONDS EAST,A DISTANCE OF 248.92 FEET TO A POINT LOCATED 302.84 FEET RADIALLY AND SOUTHERLY OF THE CENTER LINE OF ILLINOIS ROUTE 71 FROM A POINT ON SAID CENTER LINE AT AN ARC DISTANCE OF 380.0 FEET SOUTHWESTERLY OF SAID INTERSECTION OF ILLINOIS ROUTE 71 AND ILLINOIS ROUTE 47; THENCE SOUTH 54 DEGREES 39 MINUTES 41 SECONDS EAST,A DISTANCE OF 200.0 FEET;THENCE NORTH 77 DEGREES 11 MINUTES 59 SECONDS EAST,A DISTANCE OF 268.90 FEET TO THE WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47; THENCE SOUTHEASTERLY ALONG SAID WESTERLY RIGHT OF WAY LINE,BEING A CURVED LINE CONCAVE TO THE NORTHEAST HAVING A RADIUS 1970.08 FEET FOR AN ARC DISTANCE OF 30.74 FEET WITH A CHORD BEARING OF SOUTH 25 DEGREES 21 MINUTES 38 SECONDS EAST AND A CHORD DISTANCE OF 30.74 FEET;THENCE SOUTH 77 DEGREES 1 I MINUTES 59 SECONDS WEST,A DISTANCE OF 268.96 FEET;THENCE NORTH 54 DEGREES 39 MINUTES 41 SECONDS WEST,A DISTANCE OF 247.66 FEET;THENCE NORTH 14 DEGREES 41 MINUTES 22 SECONDS WEST,A DISTANCE OF 248.61 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SAID ILLINOIS ROUTE 71;THENCE NORTH 83 DEGREES 44 MINUTES 46 SECONDS EAST ALONG SAID SOU THERLY RIGHT OF WAY LINE,A DISTANCE OF 45.49 FEET TO THE POINT OF BEGINNING,ALL IN KENDALL COUNTY,ILLINOIS. Tax Parcel ID No(s). 05-08-227-004-0000; and 05-05-400-020-0000 Address: 2001 Bridge St.,Yorkville,IL 60660-9783 116824/1277/6716 8 EXHIBIT B See attached Limited Area Groundwater Ordinance 9 Ordinance No. 2012- AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD AT OR WITHIN THE AREA DESIGNATED ON EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF (Southwest corner of South Bridge Street and Route 71) WHEREAS, certain properties in the United City of Yorkville, Illinois have been used over a period of time for commercial or industrial purposes; and WHEREAS,because of said use, concentrations of certain chemical constituents in the groundwater beneath the United City of Yorkville may exceed Class I groundwater quality standards for potable resource groundwater as set forth in 35 Illinois Administrative Code 620 or Tier 1 remediation objectives as set forth in 35 Illinois Administrative Code 742; and WHEREAS,the United City of Yorkville desires to limit potential threats to human health from groundwater contamination while facilitating the redevelopment and productive use of properties that are the source of said chemical constituents; NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Use of groundwater as a potable water supply prohibited Except for such uses or methods in existence before the effective date of this ordinance, the use of, or attempted use of, groundwater from within the corporate limits of the United City of Yorkville in that area of the United City of Yorkville as depicted on Exhibit A attached hereto and made a part hereof adjacent to the southeast corner of South Bridge Street and Route 71, as a potable water supply, by the installation or drilling of wells or by any other method, is hereby prohibited. This prohibition expressly includes the United City of Yorkville. Section 2. Penalties Any person violating the provisions of this ordinance shall be subject to a fine of up to seven hundred fifty dollars ($750) for each violation. Section 3. Definitions "Person" is any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association,joint stock company, trust, estate,political subdivision, or any other legal entity, or their legal representatives, agents or assigns. "Potable water" is any water used for human or domestic consumption, including, but not limited to, water used for drinking,bathing, swimming, washing dishes, or preparing foods. Ordinance No.2012- Page 1 Section 4. Repealer All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed insofar as they are in conflict with this ordinance. Section 5. Severability If any provision of this ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the ordinance as a whole or of any portion not adjudged invalid. Section 6. Effective date This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this Day of , A.D. 2012. CITY CLERK CHRIS FUNKHOUSER DIANE TEELING JACKIE MILSCHEWSKI LARRY KOT CARLO COLOSIMO MARTY MUNNS ROSE ANN SPEARS KEN KOCH Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2012. MAYOR Ordinance No.2012- Page 2 EXHIBIT A PROPOSED LIMITED GROUNDWATER ORDINANCE MAP Ordinance No.2012- Page 3 Lin I =lob ----------- v1 LEGEND AREA SUBJECT TO PROPOSED UNITED CITY OF YORKVILLE LIMITED GROUNDWATER ORDINANCE PIN# PROPERTY IDENTIFICATION NUMBER I 1 05-05-400-020 2 05-05-478-005 b y 2 1� Iy `TJ O y ROUTE 71 LU O C O O 0] OJ 3 a Q J N O } N 1 0 } a oRn BY: PROPOSED LIMITED GROUNDWATER � E.V.E.V (N.J.) ORDINANCE MAP POND CHECKED BY: SHELL OIL PRODUCTS US m SHELL SERVICE STATION SAP# 116824 REVIEWED BY: 2001 SOUTH BRIDGE STREET y \ / YORKVILLE, ILLINOIS U L / Groundwater& Environmental Services, Inc. �? NORTH 2 1050 CORPORATE BOULEVARD, SUITE C, AURORA, IL 60505 SCALE IN FEET 1 DATE FIGURE 4-2-12 0 APPROXIMATE 100 JOHNSON &BELL.. Att—r11 eys 1t L.aw Suite 2700 33 West Munroe Street Chicago,IL 60603-5404 August 8, 2012 Telephone:(3 12)372-0770 Facsimile:(3 12)372-9818 Via email transmission: bolson(m-�Vorkville.il.us 1435 Fast 85 r strcet Bart Olson Merrillville,IN 46410 Telephone:(219)791-1900 City Administrator Facsimile:(219)791-1901 United City of Yorkville 800 Game Farm Road Yorkville,Yorkville, IL 60560 F=rank;M.Grenard Direct:(312)984-0277 Email: grcnardt(ii,jbltd.com Re: Limited Area Groundwater Ordinance Request 2001 Bridge Street ("Property") Station#116824 LUST Incident #20081143 Dear Mr. Olson: Please forgive my delay in responding to your July 2nd letter. I received the documents and reports you had requested this morning and they have been forwarded to you in advance of this letter in a reduced size format as we agreed_ Of the reports, the most significant are the initial report (the 45 day report) and the revised Corrective Action Plan dated January 16, 2012. As indicated in the reports, in June of 2008, Shell Oil Products USA("Shell") undertook routine evaluative soil samples at the above Property. During that process, soil and groundwater samples were taken and sent for evaluation to determine whether there had been any release of petroleum product at the site. The reports came back indicating there were minor petroleum impacts at certain locations on the Property which were not associated with any compromise of the underground storage tanks ("USTs") at the site. The impacts are believed to have occurred during historic overfills or spills on the property. It is not uncommon, as you know, for minor spills to occur either during the filling of USTs by tankers or the filling of gas tanks in cars. Shell has no specific record of any overfill or spill of that sort. It is,however, the source for many, if not most, of the releases that are detected at gas stations since changes in the law have resulted in significant modifications of USTs and related pipes that prevent most releases from the UST system itself. As the reports document, there are excedences of petroleum constituents at two locations in ther groundwater on the Property. It is very difficult to remediate groundwater because water tables are not static. The preferred method by both the US Environmental Protection Agency ("USEPA") and the Illinois Environmental Protection Agency ("IEPA") is the use of institutional controls to prevent the potable use groundwater where there are or may be impact above drinking water standards. While there is no indication that there is petroleum impact beyond the right-of- way of Bridge Street and/or West Stagecoach Trail, Shell is obligated to utilize the data that it has received regarding the petroleum constituents that are in the groundwater and model them to JOHNSON&BELL determine where the maximum limit of any potential petroleum constituent might be if there was a continuing release of petroleum,which there is not. As a result of the modeling method required, the model indicates there is a possibility that at some point in time there might be some MTBE constituent across Route 71. As a result of that possibility, Shell is requesting the groundwater ordinance include not only its Property but also the property across the street. The reason for that is to assure that groundwater on that property which "might"have residual impacts is not used for potable purposes. Since both properties are serviced by water from the United City of Yorkville, it is presumed that the City would not allow potable wells to be installed in any event. The closure proposed is based upon the rules of the Illinois Pollution Control Board which promote the use of institutional controls where appropriate to allow closures of incidents such as this that do not pose an imminent or significant public health concern. As you can see from the reports that have been sent, over the period that sampling was done,the concentrations of petroleum in the groundwater have been decreasing and since there is no current release, over time the impacts in the groundwater should dissipate. Please let me know if there is any further information I or my client can provide to assist in your evaluation. V truly yours, Frank M. Grenard Page 2 of 2 Pages Bart Olson To: Frank M. Grenard Subject: RE: Shell Memo From: Frank M. Grenard [mailto:grenardf jbltd.com] Sent: Thursday, September 13, 2012 11:55 AM To: 'Jim W. Binninger' Cc: 'Brad Sanderson'; Bart Olson Subject: RE: Shell Memo Jim and Bart, Both I and a Shell environmental engineer will be present on the 18`h. Just one note regarding Bart's comment about contamination being off-site. There is no evidence of off-site contamination. As I am sure Brad can confirm, under the present Illinois Pollution Control Board Rules ("IPCB") as interpreted by the Illinois Environmental Protection Agency ("IEPA"), when an institutional control is proposed for groundwater involvement, the proposed area to have the restriction has to be modeled "as if"there was a continuing release, homogeneous soils, and no degradation of contaminants. Even though there is no such continuing release,the model "as if"would include a small area on the Walgreens site. I am attaching figure 6 from the Corrective Action Plan submitted this past January and approved by the IEPA. You'll note an arrowed line from boring DB5. The line leads to a point at the southeast corner of the Walgreens property. That point indicated the farthest any contaminate could extend "if" there was a continuing release, which there is not. Because it "could" impact a portion of the property, IEPA wants the entire parcel restricted just because the position of the IEPA is if someone wanted to find out where they could put a water well, it might be difficult to do so if only a part of the involved parcel was involved. The IEPA takes a very, very conservative approach which requires a lot of"what if's" and "maybe's" to assure itself that the public health and the environment are protected before it approves the use of any institutional control like the groundwater ordinance requested. It has approved the use, if adopted by the City, which shows the IEPA has evaluated the proposed control and has determined that there will be no public health issue. Frank M. Grenard, Attorney at Law ,SOH H &BELL 33 West Monroe Street, Suite 2700 Chicago, Illinois 60603-5404 T: (312) 372-0770 1 F: (312) 372-9818 D: (312) 984-0277 1 C: (312) 533-1770 arenardfra)jbltd.com I www.johnsonandbell.com d and the sender notified immediately. 1 Equilon Enterprises LLC dba Shell Oil Products US HSE/Environmental Services 603 Diehl Road, Suite 103 Naperville, Illinois 60563 Tel (630) 276-4206 Fax(713)423-0544 Email john.fobbins@shell.com 30, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Hernando Albarracin Illinois Environmental Protection Agency Bureau of Land Leaking Underground Storage Tank Section-#24 Post Office Box 19276 1021 North Grand Avenue East Springfield,Illinois 62794-9276 Re: LPC#0930255043—Kendall County Yorkville/Shell Service Station#116824 2001 Bridge Street LUST Incident#20081143 LUST Technical File Dear Mr.Albarracin: Enclosed please find the original and one copy of the Illinois Environmental Protection Agency (IEPA) 45-Day Report for the above referenced incident. If you have any questions or need additional information,please contact me at (630)276-4206. Sincerely, Jo dobbins Project Manager .HSE/Environmental Services Shell Oil Products US Enclosure: 45-Day Report(2) cc: Melissa M.Powell,GES,Inc. i 45-DAY REPORT Shell Service Station #116824 2001 Bridge Street Yorkville, Kendall County, Illinois LUST Incident #20081143 LPC #0930255043 Prepared For: Mr. John Robbins Project Manager Shell Oil Products US 603 Diehl Road Suite 103 Naperville,IL 60563 Prepared By: Groundwater&Environmental Services, Inc. 1050 Corporate Boulevard, Suite C Aurora,IL 60505 Scott M. Taylor Melissa M. Powell Staff Environmental Scientist Senior Project Manager July 30, 2008 TABLE OF CONTENTS Section Title P. yge A SITE IDENTIFICATION.........................................................................1 B RELEASE INFORMATION....................................................................1 CEARLY ACTION.......................................................................................2 D SITE/RELEASE INFORMATION..........................................................2 E OTHER INFORMATION........................................................................5 F EARLY ACTION TIER 1 REMEDIATION OBJECTIVES COMPLIANCE REPORT .......................................................................6 GSIGNATURES............................................................................................6 FIGURES Figure 1 - Site Location Map Figure 2 - Local Area Map Figure 3 - Site Map Figure 4 - Groundwater Analytical Data Map—June 23,2008 Figure 5 - Soil Analytical Data Map—June 12,2008 TABLES Table 1 - Groundwater Analytical Data—BTEX/MTBE Table 2 - Soil Analytical Data—BTEXIMTBE APPENDICES Appendix A - Groundwater Laboratory Analytical Report Appendix B - IEPA SWAP Database Information Appendix C - Boring Logs and Monitoring Well Construction Diagrams Appendix D - Soil Laboratory Analytical Report Appendix E - Shell Monthly UST System Compliance Report i The Agency is audrmizcd to require this inforn¢lion under Section 4 and Title Xv1 of[be March 31,20M EnAron rewal Protection Act(415 ILLS 514,51$7-57.14 Falm rn disclmc lhm info rattrnn nray mull in a civil penalty of nor to exceed$50,000.00 for the v"ticnand an additional ciMl penally of not to exceed$10,000.00 for each day during which the violation cornirwcs (415 ILCS 5142).Any person wbo kmwingly rreikrb a Ghe m4tcritl aulemcrt Q rrprtaenlalion in My label,mnifaL record,report,pe—tt w license,m other document MeQ maintained m used for the purpose of compliance with Title XVI conterplf a Ctus 4$bny.Any second or subsegvcnt of entic ager couvietioa hncunder is a Chm 3 felony(4 15 ILLS$157.17).Tim form has been approved by the Fom> M.magcusot Cemer, Illinois Environmental Protection Agency Leaking Underground Storage Tank Program 45-Day Report A.Site Identification IEMA Incident#(6-8 digit): 20081143 IEPA LPC#(10 digit): 0930255043 Site Name: Shell Service Station#116824 Site Address (Not a PO Box): 2001 Bridge Street City: Yorkville County: Kendall Zip Code: 60560 Leaking UST Technical File B.Release Information UST Type of Product Tank Status Volume Material Release Release Tank Removed? Repaired/Removed (gallons) Stored in UST Yes/No Leak/Overfill/ YeslNo Abandoned/In Use Pi in Leak 10,000 Diesel No NIA No In Use 10,000 Diesel No NIA No In Use 10,000 Unleaded Yes Overfill No In Use Gasoline 10,000 Unleaded Yes Overfill No In Use Gasoline 10,000 Unleaded Yes Overfill No In Use Gasoline 10,000 Unleaded Yes Overfill No In Use Gasoline 10,000 Unleaded Yes Overfill No In Use Gasoline 11532277 45-Day Report LPC 503 Rev.March 2006 1 C.Early Action 1. Does this report demonstrate that the most stringent Tier 1 Remediation objectives have been met? ❑Yes N No 2. Was free product encountered? ❑Yes N No If yes,the owner must submit a Free Product Removal Report (form LPC 504).If free product removal will be conducted for more than 45 days,a Free Product Removal Plan (and budget, if applicable)must be submitted(form LPC 504). 3. Have any fire or safety hazards posed by vapors or free product or contamination to a potable water supply been identified? ❑Yes N No 4. What was the volume of the backfilI material excavated? yds3 5. What was the volume of the native soil excavated? yds3 6. Was groundwater encountered at the site? NYes ❑No 7. Did groundwater exhibit a sheen? ❑Yes N No D.Site/Release Information Provide the following: 1. Data on the nature and estimated quantity of release; Groundwater&Environmental Services,Inc. (GES)was contracted by Shell Oil Products US (Shell) to provide oversight of an exploratory soil investigation consisting of six soil borings (DB-l/DW-1 through DB-5/DW-5 and DB-6), at Shell Service Station#116824, located at 2001 Bridge Street,Yorkville,Kendall County, Illinois(Subject Property). The laboratory analytical results from the June 23, 2008, groundwater monitoring event indicated concentrations above the Tier 1 groundwater remediation objectives. The source of the release is unknown; however, it is believed to be from small, undocumented overfills of the underground storage tank(UST) system. "Early Action' requirements of 35 Illinois Administrative Code(IAC)Section 734.210 have been fulfilled. In accordance with IAC §734.210(a), Ms. Melissa Powell, of GES and environmental consultant for Shell, contacted the Illinois Emergency Management Agency (IEMA) on July 29,2008 and incident number 20081143 was assigned. 2. Data from available sources or site investigations concerning the following; a. Surrounding populations; According to the United States Geological Survey 7.5-Minute Series Topographic Map of the Plattville, Illinois Quadrangle (1993), the Subject Property is located in the southeast quarter of Section 5,Township 36 North,Range 7 East of the Third Principal Meridian in Yorkville,Kendall County,Illinois(Figure 1). A Local Area Map is presented as Figure 2 and a Site Map with existing site features is presented as Figure 3. The Subject Property is located in a mixed use setting. Specific adjacent land uses observed during site activities are as follows: North: The Subject Property is bounded by Stagecoach Trail (Illinois Route 71), followed by commercial properties, South: The Subject Property is bounded by commercial properties, 11532 277 45-Day Report LPC 503 Rev.March 2006 2 East: The Subject Property is bounded by Illinois Route 47, followed by commercial properties, West: The Subject Property is bounded by undeveloped land. b. Water quality; On June 13, 2008, GES oversaw the installation of five onsite groundwater monitoring wells (DW-1 through DW-5). The monitoring wells were constructed following the specifications referenced in IAC §734.425 and 734.430. A Site Map indicating the locations of the groundwater monitoring wells is presented as Figure 4. The monitoring well construction diagrams are presented in Appendix C. On June 23, 2008, Ziron Environmental, Inc. (Ziron) sampled monitoring wells DW-1 through DW-5. Ziron submitted the groundwater samples to Southern Petroleum Laboratories (SPL) in Houston, Texas, for benzene, toluene, ethylbenzene and total xylenes(BTEX)and methyl-tertiary butyl ether(MTBE) laboratory analyses. Upon receipt and review of the groundwater laboratory analytical report, it was determined that the concentration of MTBE in DW-1 and DW-5 were above the Tier 1 groundwater remediation objectives for the groundwater ingestion exposure route. The groundwater analytical results are summarized in Table 1 and illustrated on Figure 4. A copy of the groundwater laboratory analytical report is provided in Appendix A. C. Use and approximate locations of wells potentially affected by the release; In accordance with L4C§734.44(a), GES conducted a well search, which included a 2,500-foot radius around the Subject Property, in order to determine the locations of water wells potentially affected by the release. Specifically, GES conducted a search of the Illinois Environmental Protection Agency (IEPA) Source Water Assessment Program (SWAP) database. According to the information obtained from the SWAP database, multiple potable sources of water were identified within 2,500-feet of the Subject Property. GES performed a potable water well search on June 11,2008 and no potable water sources could be identified. If other potable sources of water are identified in the future, GES will document their existence and provide that information in future reports. A copy of the SWAP information is included in Appendix B. d. Subsurface soil conditions; Based on information obtained during the soil investigation activities performed for this report, the native soils underlying the Subject Property consist predominantly of brown and gray clay. Boring logs indicate the Subject Property is covered by a 4-inch asphalt surface, which is underlain by fill material to approximately 1-foot below ground surface(bgs). The fill is further underlain by predominantly by brown and gray clay to at least 16-feet bgs. A copy of the boring logs and monitoring well construction diagrams are provided in Appendix C. In addition to direct field observations of the geology at the Subject Property, GES reviewed the map entitled Potential for Contamination of Shallow Aquifers by Land Burial of Municipal Wastes(Circular 532,Plate 2),by Richard C.Berg,et. al. This map describes and maps geologic materials to a depth of 50-feet throughout the state. In the map, various geologic materials are differentiated by thickness, texture,permeability,and stratigraphic position in order to rate their relative contamination potential for aquifers in any area of the state. According to the Berg Map, the Subject Property is positioned in the "D2" geologic zone, consisting of uniform,relatively impermeable silty or clayey till or other fine-grained materials extending from the surface to more than 20-feet deep,with 11 532 277 45-Day Report LPC 503 Rev.March 2006 3 or other fine-grained materials extending from the surface to more than 20-feet deep,with no interbedded sand and gravel. This material has a low potential to transport impacts from near surface contamination to underlying aquifer systems. e. Location of subsurface sewers; Currently, a sanitary sewer network is located onsite. if other subsurface utilities are identified in the future,they will be documented and presented in future reports. A Site Map with existing site features is presented as Figure 3. E Climatological conditions; The Subject Property is located in a moist midcontinental climate region. Precipitation occurs primarily in the spring and fall of each year in the form of rain. Weather conditions during the site activities consisted of mostly sunny skies, windy, and temperatures in the 80°F. g. Land use; The Subject Property is an active service station that is utilized for the sale of retail grade gasoline. Current site features include two 10,000-gallon diesel USTs, five 10,000-gallon gasoline USTs, thirteen dispenser islands, and a single story station building. A Site Map with existing site features is provided as Figure 3. 3. A discussion of what was done to measure for the presence of a release where contamination was most likely to be present at the UST site; On June 13, 2008, GES oversaw the advancement of six soil borings (DB-11DW-1 through DB-5IDW-5 and DB-6) as part of the exploratory soil investigation. All field activities relative to soil sample collection, documentation, preparation, labeling, storage, shipment and security, quality assurance and quality control were conducted in accordance with Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (SW846). In accordance with ASTM standards, GES constructed a continuous profile of each soil column based on the predominant geologic characteristics observed as defined by the Unified Soil Classification System. The characteristics of each sample such as color, odor, texture, relative moisture, sediment type, or disturbance were immediately recorded in the field log book. Additionally, GES screened every 2-foot interval utilizing a photoionization detector (PID). Soil samples were collected from the 2-foot interval of highest PID reading, from every 5-foot interval, or if no PID reading, from the center of each 5-foot interval above groundwater. Each soil sample collected was field preserved and sent to SPL for BTEX and MTBE laboratory analyses. Upon receipt of the soil laboratory analytical report, it was determined that soils were below the Tier 1 soil remediation objectives. The soil analytical results are summarized in Table 2 and illustrated on Figure 5. The soil boring logs are provided in Appendix C. The soil analytical laboratory report is provided in Appendix D. 4. The results of the free product investigations; Not applicable. 11 532 277 45-lay Report LPC 503 Rev.March 2006 4 5. A discussion of the action taken to prevent further release of the regulated substance into the environment; According to the tank tightness and line test records between January 1, 2008 and July 23,2008, the present UST system and associated appurtenances at the Subject Property passed tank and line testing. A copy of the Shell Monthly UST System Compliance Report is provided in Appendix E. 6. A discussion of the action taken to monitor and mitigate fire and safety hazard posed by vapors or free product that has migrated from the UST excavation zone and entered subsurface structures; The utility trenches will be surveyed to determine that there is no evidence that natural or manmade corridors are not serving as a preferential pathway for the migration of petroleum or petroleum vapors that could threaten human health, human safety, or potentially cause explosions in basements, crawl spaces, utility conduits, storm or sanitary sewers,vaults or other confined spaces. The survey will consist of screening manholes and grates with a PID and a multi-gas lower-explosive-limit (LEL) meter, to detect potential vapors that may be utilizing the conduit as a migration pathway. 7. Any other information collected wile performing initial abatement measures pursuant to 35 Ill.Adm.Code 731.1362,732.202(b),or 734.210(b). Not applicable. E. Other Information Provide the following: 1. An area map showing the site in relation to the surrounding properties; A Local Area Map indicating the immediately surrounding properties is presented as Figure 2 and a Site Map is presented as Figure 3. 2. A cross section,to scale,showing the UST(s)and the excavation; Not Applicable. 3. Analyticallscreening results in tabular format including results of soil samples required pursuant to 35 Ill. Aden. Code 732.202(h) or 734.210(h) and the most stringent Tier 1 remediation objectives; A soil table listing analytical results is provided as Table 2. 4. Site map meeting the requirements of 35 Ill. Adm. Code 732.110(a) or 734.440 and including sample locations; A Site Map is provided as Figure 3. 5. Soil boring logs; Soil boring logs are provided in Appendix C. 6. Chain-of-custody forms; Chain-of-custody forms are provided in Appendices A and D. 7. Laboratory analytical reports; Laboratory analytical reports are provided in Appendices A and D. H 532 277 45-Day Report LPC 503 Rev.March 2006 5 8. Laboratory certifications; Laboratory certifications are provided as in Appendices A and D. 9. A copy of the Office of the State Fire Marshal Permit for Removal,Abandonment-in- Place,or other OSFM permits or notifications; Not applicable. 10. A narrative of tank removal and cleaning operations; describe how wastes generated during the tank removal were managed,treated and disposed of; Not applicable. 11. Photographs of the UST removal activities and the excavation; Not applicable. 12. Copies of manifests for soil and groundwater transported offsite. Not applicable. F.Early Action Tier 1 Remediation Objectives Compliance Report If the most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the applicable indicator contaminants have been met and a groundwater investigation is not required, in addition to the information provided above,provide the following: 1. Site Characterization; Not applicable. 2. If water was encountered in the excavation,provide a demonstration pursuant to 35 M. Adm.Code 732.202(h)(4)(C)that is not representative of actual groundwater; Not applicable. 3. Property Owner Summary(form LPC 568). Not applicable. G.Signatures UST Owner or Operator Signature: All plans, budgets, and reports must be signed by the owner or operator and list the owner's or operator's full name,address, and telephone number. UST Owner or Operator and Licensed Professional Engineer or Licensed Professional Geologist Certification of Stage 1 Site Investigation Plan and Budget (applies to Part 734 sites continuing beyond early action): Pursuant to 35 111. Adm. Code 734.315(b) and 734.310(b), I certify that the Stage 1 site investigation will be conducted in accordance with 35 Ill. Adm. Code 734.Supart H, Appendix D, and Appendix E. This certification is intended to meet the requirements for a plan and budget for the Stage 1 site investigation required to be submitted pursuant to 35 Ill. Adm. Code 734.315 and 734.310. A summary of the actual costs for conducting the Stage 1 site investigation will be submitted concurrently with the results of the Stage 1 site investigation and the Stage 2 site investigation plan and budget. 11 532 277 45-Day Report LPC 503 Rev.March 2006 6 Licensed Professional Engineer or Licensed Professional Geologist Certification: I certify under penalty of law that all activities that are the subject of this plan were conducted under my supervision or were conducted under the supervision of another Licensed Professional Engineer or Licensed Professional Geologist and reviewed by me; that this plan and all attachments were prepared under my supervision; that, to the best of my knowledge and belief, the work described in this plan has been completed in accordance with the Environmental Protection Act [415 ILCS5], 35 Ill. Adm. Code 731, 732 or 734, and generally accepted standards and practices of my profession; and that the information presented is accurate and complete. I am aware there are significant penalties fro submitting false statements or representations to the Illinois EPA, including but not limited to fines, imprisonment, or both as provided in Sections 44 and 57.17 or the Environmental Protection Act[415 ILCS 5/44 and 57.171. UST Owner or Operator Consultant John Robbins for Groundwater&Environmental Name: Shell Oil Products US Company: Services,Inc. Contact: Project Manager Contact: Melissa Powell Address: 603 Diehl Road, Suite 103 Address: 1050 Corporate Blvd, Suite C City: N^ aperville �m y® City: Aurora State: Illinois State: Illinois Zip Code: 60565 Zip Code: 60505 Phone: (630)2761206 Phone: (866)455-2419 p Signature: Signature: s✓ r Date: ; U Date: Licensed Professional Engineer or Geologist L.P.E. or L.P.G.Seal Name: David G.Tully,P.E. Firm: Groundwater&Environmental Services,Inc. Address: 1050 Corporate Blvd, Suite C City Aurora State: Illinois Zip Code: 60505 Phone: (866)455-2419 111.Registration No.: 062-053775 License Expiration Rat : 11/30/09 Signature: Date: 7z.3F� �3 11532 277 45-Day Report LPC 503 Rev.March 2006 7 FIGURES m6md '^. • F f.• t]Y6 rra•.• Sr.., t _ � '' L� 4."� y Wk � '�— �.�� '{`�j„t(. •,fl�s � � X14 , '�' , • r '"', fir` `i � ,`•� '� •X14 �� r � �;� �• r- ���; 3 �^� A , S t� s�",` ',ff •,.,4�.,, �, 'ice-! �.° {,�r *ry �� .ti � .tir` .z f_ •.71 71 ,�yr'y_ } i• a t ti; 'f '. �.� s 9 ";t ' ?1738:, '. � f l�� ,Y I �.a .. .� "t 1'�„- ,. '— �^�P 1 y1'1 �.. rrl`•_$1•., �r}i: ♦ '�'1. � '`a y�1 .: �1k �+} r Ics.�cn r.a S" `q • �1�i^ 0• �It-� ._l ..i :r�. R „ # r•: i x'}007 `a ••r,'..--�.•.i -:5� -i •f. y `•,j��`. f� • :+ .M'Z\1°� �"'_. a �� �rk^b i a •�, r S _•�t'zi"�f'-j r/ i� fit 1�L - .� y' • ��� s1 3 'fF�' S'j f� t 1 nn t��`� �'�•.. !1-y�., I�. f d �. +,`-f+-�t w r �Y'r •.a'C � �i r Kam.�� ti.. 4 a SOURCE: USGS 7.5 MINUTE SERIES TOPOGRAPHIC QUADRANGLE 1993 PLATTVILLE, ILLINOIS CONTOUR INTERVAL = 10' TOWNSHIP - 36N RANGE - 7E SECTION - 5 DRAFTED 9Y: E.M.E. SITE LOCATION MAP (N.J.) CHECKED BY; SHELL OIL PRODUCTS US SHELL SERVICE STATION SAP#116824 REVIEWED Br: 2001 BRIDGE STREET ILL)N01S YORKVILLE, ILLINOIS NORTH Groundwater&Environmental Services,Inc. 1050 CORPORATE BOULEVARD, SUITE C, AURORA, IL 60505 SCALE IN FEET DATE FIGURE QUADRANGLE LOCATION 0 2DOO 4-30-08 tit �"" � � �•i�r t a a.1 I °!r A Y � s, -- a �`�'y '4p � • Y �M• _ t r nz - _ y LOCAL AREA MAP SHELL OIL PRODUCTS US 1 ; SHELL SERVICE STATION SAP# 116824 { xrneo s: 2001 BRIDGE STREET s -} YORKVILLE, ILLINOIS s NORTH Groundwater&Environmental Services,Inc. M- 1050 CORPORATE BOULEVARD, SUITE C,AURORA, IL 60505 SCALE IN FEET DATE FIGURE 0 APPROXIMATE 150 7-1— 2 ra�Jl � LEGEND —--— PROPERTY BOUNDARY Q UTILITY MANHOLE TRAIL (ILLINOIS ROUTE 70 MONITORING WELL STAGECOACH —ss-- UNDERGROUND SANITARY SEWER LINE WEST —r UNDERGROUND TELEPHONE LINE —UE—— UNDERGROUND ELECTRIC LINE —c—— UNDERGROUND GAS LINE t t E DW DB--$ 5 2 \T DETENTION a POND r DB-1/ O ~ r r t9 DW-1 SERVICE \ z � s STATION D3-2/ \ 9DA_� \\ e\ \ O YY U O / \` DB-3 y3 f\\ �y" M ORArrm tn: E.M.E. SITE MAP CHECKED ar: SHELL OIL PRODUCTS US \� SHELL SERVICE STATION SAP# 116824 REVIEWED BY: 2001 BRIDGE STREET YORKVILLE, ILLINOIS NORTH Groundwater&Environmental Services,Inc. E 1050 CORPORATE BOULEVARD, SUITE C,AURORA, IL 60505 SOURCE SHELL OIL COMPANY SCALE IN FEET DATE FIGURE HOUSTON Tx MAR ,D,BB4 7-2S-o6 3 0 APPROXIMATE 60 LEGEND —--— PROPERTY BOUNDARY ROUTE 71) ® UTILITY MANHOLE MONITORING WELL ECOACH TRAIL (ILLINOIS DW-4 WELL IDENTIFICATION STAG WEST 6 23 3 SAMPLED DATE 94.33 GROUNDWATER ELEVATION (feet) Q, DW5 8 <1 BENZENE CONCENTRATION (ug/L) p a@a/2o06 7 <1 TOLUENE CONCENTRATION (ug/L) �ry 93.36 E <1 ETHYLBENZENE CONCENTRATION (ug/L) �& T � `� MT6E 3e XYLENES CONCENTRATION (u /L) / MTBE CONCENTRATION (ug/L� _ E <1 ug/L MICROGRAMS PER LITER MTBE 610 MTBE METHYL tent-BUTYL ETHER - / / � -. � <# WHERE AN ANALYTE IS NOT DETECTED, / A METHOD DETECTION LIMIT IS GIVEN \ice ti DW-5 \ `� GROUNDWATER CONTOUR (feet) \t DETENTION 1 / INFERRED WHERE DASHED POND 1 / / Q, r3 �. 6/2312008 91.52 DW-I O o \ H DW-4 MTBE 160 / �� / O \\ L0 / SERVICE / \ / STATION OM uW-4 \ D 1 Q h \ DW-y o`yee o / MTDE 3.9 \ DW-2 \ \ /DW-3 612712008 .S 97.96 B <7 DN\� / T <1 DRAP 9r: E <7 M / � E.M.E.. GROUNDWATER ANALYTICAL MAP X <7 (N.J.) JUNE 23, 2008 MTBE <1 ' CHECKED Br: SHELL OIL PRODUCTS US SHELL SERVICE STATION SAP# 116824 DW-3 RENEWED Bf 2001 BRIDGE STREET 612312ODS YORKVILLE, ILLINOIS e <1 Groundwater&Environmental Services,Inc. NORTH T <1 1050 CORPORATE BOULEVARD, SUITE C,AURORA, IL 60505 54L E `1 SCALE IN FEET DATE FIGURE EL O SHELL OIL COMPANY 7( <7 HMARS76N1994 MTBE <i 7-28-06 I 0 APPROXIMATE 60 D&&DW5 D&WDW-s LEGEND 6112/2008 6H 2/2008 2.5 6' —--— PROPERTY BOUNDARY B :0.0019 B :0.0023 ROUTE 77) T 0.0087 T :0.0023 Q UTILITY MANHOLE ILLINOIS E :0.0019 E -0.0023 MONITORING WELL /� r TRAIL ( X -0.00193 X <0.0023 —ss-- UNDERGROUND SANITARY SEWER LINE STAGE"O AG'H MTBE :00019 MTBE 0.053 H —T UNDERGROUND TELEPHONE LINE WEST —uE-- UNDERGROUND ELECTRIC LINE I —G-- UNDERGROUND GAS LINE _ DB-5 SAMPLE IDENTIFICATION SAMPLE DATE ( g' SAMPLE DEPTH (feet) e :0.0023 BENZENE CONCENTRATION (mg/kg) TOLUENE CONCENTRATION (mg/k ) E :0.0023 ETHYLBENZENE CONCENTRATION �mg/kg) XYLENES CONCENTRATION (mg/kg) DB-5 *-j MTBE 0.053 MTBE CONCENTRATION (mg/kg) D 1 DetENnOn mg/kg MILLIGRAMS PER KILOGRAM \7 POND tr /� MTBE METHYL tent-BUTYL ETHER l�. 1 / <# WHERE AN ANALYZE IS NOT DETECTED, t t " \ A METHOD DETECTION LIMIT IS GIVEN r`i B 4 /DBWr- T 0.0031 X 0.0076 MTBE 0.0e4 SERVICE \ . BBa10W< O STATION � + / �1y z.s a x <o.DO1e4 � DB-2/ DW-2/ h DB-210W-2 0 6H212008 25:0.002 \ \ /D B W \ T O.0D47 \ \-e, E -0.002 x O.OD21 DB h/ '\ MTBE :0.002 D\\/ DRAFTED BY. SOIL ANALYTICAL DATA MAP E.M.E.M. JUNE 12, 2000 \ (N.J.) CHECKED BY: SHELL OIL PRODUCTS US °R-6 °" \/ De-31DWa SHELL SERVICE STATION SAP# 116624 6/1212008 6/1212008 $ 2:6 6' 6112,2008 REVEwEO 9 2001 BRIDGE STREET B :0.0022 a :0.0023 2.5• YORKVILLE, ILLINOIS a T 0.0068 T :0.0023 B :0.0010 E :0.0022 E :0.0023 T 005 NORTH Groundwater&Environmental Services,Inc. x o.00ze x :0.0023 E -0.0016 1050 CORPORATE BOULEVARD, SUITE C,AURORA, IL 60505 5H�"ELgL OIL COMPANY M1aE :0.0022 MTBE :00023 x :0.0018 SCALE IN FEET DATE FIGURE HOUSTON T% MTBE 100018 n C MAR 18 1994 o 7-Gg-08 5 0 APPROXIMATE 60 TABLES Table I GROUNDWATER ANALYTICAL DATA-BTEX/MTBE Shell#116824 2001 Bridge Street Yorkville,Illinois Tier 1 Groundwater Remediation Objectives for the Groundwater Ingestion Benzene Toluene Ethyibenzene Xylenes MTBE Exposure Route OWL) OWL) (ug/L) (ug/L) (ug/L) Class I Groundwater Remediation Ob'ective 5 1,000 700 10,000 70 Referenced Depth to Groundwater Sample Location Sample Date Elevation Groundwater Elevation DW-1 06/23/2008 96.88 5.36 91.52 1 <1 <1 <1 I <1 160 DW-2 06/2312008 99.01 5.05 93.96 <1 <1 <1 I <1 <1 DW-3 06/23/2008 99.40 5.54 9186 <l <1 <1 <I <1 DW-4 06/2312008 99.17 4.84 94.33 <1 <1 <1 <1 3.9 11DW-5 1 06/23/2008 1 99.23 1 5.87 93.36 <1 <1 <1 <I 610 NOTES: I. UA o micrograms per liter 2. Dry o Indicates that the well was dry 3. NG a not gauged 4. NS d Not Sampled S. —a no toxicity criteria available for the route of exposure 6. <p a Not detected above the method detection limit(MDL)indicated 7. Bold values indicate concentrations above Title 35]AC Part 742 Tier I Groundwater Remediation Objectives for Class 1 groundwater T able 2 SOIL ANALYTICAL DATA-BTEX/MTBE Shell#116824 2001 Bridge Street Yorkville,Illinois Tier 1 Soil Remediation Objectives for Benzene Toluene Etbylbenzene Xylenes MTBE Residential Properties (mg/kg) (mg/kg) (mg/kg) (mg/kg) (mg/kg) Ingestion-residential 12 16,000 7,800 16,000 780 Ingestion-construction worker 2,300 410,090 20,000 41,000 2,000 Inhalation-residential 0.8 650 400 320 8,800 Inhalation-construction worker 2.2 42 58 5.6 140 Soil Component of Groundwater Class I 0.03 12 13 150 0.32 Sol]Sample Location Date Depth DB-1/DW-1 06/12/2008 4 0.019 0.0031 <0.002 0.0036 0.084 DB-21DW-2 06/12/2008 2.5 <0.002 0.0047 <0.002 0.0021 <0.002 DB-31DW-3 06/12/2008 2.5 <0.0018 0.0045 1 <0.0018 <0.0018 <0.0018 DB-4/DW-4 06/12/2008 2.5 <0.0018 0.0051 <0.0018 <0.00184 <0.0018 DB-5/DW-5 06/12/2008 2.5 <0.0019 0.0087 <0.0019 <0.00193 <0.0019 DB-51DW-5 06/12/2008 6 <0.0023 <0.0023 <0.0023 <0.0023 0.053 DB-6 06/12/2008 2.5 <0.0022 0.0068 <0.0022 0.0028 <0.0022 1313-6 06/1212008 1 6 1 <0.0023 <0. 0023 <0.0023 <0.0023 <0.0023 NOM: 1. mglkg A milligrams per kilogram or parts per million(ppm) 2. ft=feet 3. NS a Not Sampled 4. <9 Not detected above analytical method detection limit 5. -=no toxicity criteria available for the rouie of exposure 6. Bold values indicate concentrations above Tide 35 IAC Part 742 Tier 1 Soil Remedialion Objectives Equilon Enterprises LLC dba Shell Oil Products US HSE/Environmental Services 1511 North Convent 700-293 Bourbonnais, Illinois 60914 Tel (815) 468-8824 Fax(713)423-0544 E-mail john.robbins @shell.com January 16,2012 FEDEX RETURN RECEIPT REQUESTED Mr.Jay Gaydosh Illinois Environmental Protection Agency Bureau of Land- #24 Leaking Underground Storage Tank Section 1021 North Grand Avenue East Post Office Box 19276 Springfield, Illinois 62794-9276 RE: LPC #0930255043 - Kendall County Yorkville/Shell Service Station#116824 2001 South Bridge Street LUST Incident#20081143 LUST Technical File Dear Mr. Gaydosh: Enclosed, please find one original and one copy of the Revised Corrective Action Plan (KCAL') for the above-referenced Leaking Underground Storage Tank (LUST) incident number 20081143. The RCAP was prepared due to the receipt of the October 18, 2011, Illinois Environmental Protection Agency (IEPA), Corrective Action Plan (CAIN rejection correspondence. Should you have any questions or require additional information, please contact me at (815) 468-8824. Sincerely, John bins Environmental Program Manager HSE/Environmental Services Shell Oil Products US End RCAP(2) cc: GES,Inc. RDK Ventures,LLC r::T -r .J I qhk PA REVISED CORRECTIVE ACTION PLAN & BUDGET Shell Service Station#116824 2001 South Bridge Street Yorkville, Kendall County,Illinois LUST Incident#20081143 LPC#0930255043 Prepared For: Mr.John Robbins Environmental Program Manager Shell Oil Products US 1511 North Convent 700-293 Bourbonnais,Illinois 60914 Prepared By: Groundwater& Environmental Services,Inc. 1050 Corporate Boulevard, Suite C Aurora,Illinois 60505 Adam Woloszyn Melissa Nt. Blaha Associate Geologist Senior Project Manager January 16, 2012 TABLE OF CONTENTS Section Title PP A. SITE IDENTIFICATION.................................................................................................1 B. SITE INFORMATION.....................................................................................................1 C. PROPOSED METHODS OF REMEDIATION.............................................................1 D. SOIL AND GROUNDWATER INVESTIGATION RESULTS...................................2 E. TECHNICAL INFORMATION—CORRECTIVE ACTION PLAN..........................3 F. EXPOSURE PATHWAY EXCLUSION.......................................................................11 G. SIGNATURES.................................................................................................................13 FIGURES Figure 1 Well Location Map Figure 2 Local Area Map Figure 3 Site Map Figure 4 Soil Analytical Data Map Figure 5 Groundwater Analytical Map—December 5,2011 Figure 6 MTBE Plume for the GIER Map Figure 7 Proposed Highway Authority Agreement Map Figure 8 Proposed Institutional Controls Map TABLES Table 1 Soil Analytical Data—BTEX/MTBE Table 2 Groundwater Analytical Data—BTEX/MTBE Table 3 Geotechnical and Geochemical Data APPENDICES Appendix A IEPA Correspondence—October 18,2011 Appendix B Groundwater Analytical Laboratory Report Appendix C RBCA Spreadsheet Calculations Appendix D Proposed Budget and Budget Certification Form Appendix E Eligibility&Deductibility Determination Letter i The Agency is authorized to require this information under Section 4 and Title XV I of the Environmental Protection Act(415 ILCS 5/4,5/57-57.17).Failure to disclose this information may result in a civil penalty of not to exceed$50,000.00 for the violation and an additional civil penalty of not to exceed$10,000.00 for each day during which the violation continues (415 ILCS 5/42).Any person who knowingly makes a false material statement or representation in any label,manifest,record,report,permit,or license,or other document filed, maintained or used for the purpose of compliance with Title XVI commits a Class 4 felony.Any second or subsequent offense after conviction hereafter is a Class 3 felony(415 ILCS 5/57.17).This form has been approved by the Forms Management Center. Illinois Environmental Protection Agency Leaking Underground Storage Tank Program Revised Corrective Action Plan A.Site Identification IEMA Incident#(6-8 digit): 20081143 IEPA LPC#(10 digit): 0930255043 Site Name: Shell Service Station#116824 Site Address(Not a P.O.Box): 2001 South Bridge Street City: Yorkville County: Kendall Zip Code: 60560 Leaking UST Technical File B. Site Information 1. Will the owner/operator seek reimbursement from the Underground Storage Tank Fund ®Yes [I No 2. If Yes,is the budget attached? ®Yes ❑No 3. Is this an amended Plan? E]Yes N No 4. Identify the material released: Unleaded gasoline 5. This Corrective Action Plan is being submitted pursuant to: a. 35 Illinois Administrative Code(IAC) §731.166: The material released was: -petroleum -hazardous substance(see Environmental Protection Act Section 3.215) b. 35 IAC§732.404 c. 35 IAC §734.335 C.Proposed Methods of Remediation 1. Soil Not applicable. 2. Groundwater Institutional Controls—Risk Based Corrective Action(RBCA) Equation R26 located in 35 IAC Part 742, Appendix C—Table C was utilized to determine the distance the elevated COC will migrate and attenuate to meet the Groundwater Remediation Objectives (GROs) for Class I groundwater. RBCA Equation R26 was utilized upon moving t, he point of human exposure through the use of institutional controls. 1 D. Soil and Groundwater Investigation Results (for incidents subject to 35 IAC Part 731 only or Part 732 that were classified using Method One or Two,if not previously provided) Provide the following: 1. Description of investigation activities performed to define the extent of soil and/or groundwater contamination; Groundwater & Environmental Services, Inc. (GES), of Aurora, Illinois, was contracted by Shell Oil Products US (Shell) to provide oversight of an exploratory soil and groundwater investigation at Shell Service Station #116824, located at 2001 South Bridge Street, Yorkville, Kendall County, Illinois (Subject Property). The Well Location Map, Local Area Map, and the Site Map are provided as Figure 1, Figure 2, and Figure 3, respectively. The soil analytical laboratory data are illustrated on Figure 4 and summarized in Table 1. The groundwater analytical laboratory data is illustrated on Figure 5 and summarized in Table 2. A summary of the site investigation activities performed at the Subject Property were provided in the July 30, 2008, 45 Day Report, the December 22, 2008, Site Investigation Plan (SIP), the May 20, 2009, Amended Site Investigation Plan (ASIP), the March 26, 2010,Site Investigation Completion Report(SICR),the October 4, 2010, Corrective Action Plan(CAP), and the June 22, 2011, Revised Corrective Action Plan (RCAP) submitted by GES. On October 18, 2011, the Illinois Environmental Protection Agency (IEPA) rejected the CAP, submitted by GES (Appendix A). On December 5, 2011, GES and Ziron Environmental Services, Inc. (Ziron), of Chicago Heights, Illinois, sampled monitoring wells DW-5 and DW-8 and submitted the groundwater samples to Test America Laboratories, Inc. (TestAmerica), of University Park, Illinois, for benzene, toluene, ethylbenzene, and total xylenes (BTEX) and methyl tertiary butyl ether(MTBE)analysis according to USEPA Method 8260B. The groundwater analytical laboratory data is summarized in Table 2 and the groundwater analytical laboratory report is provided in Appendix B Findings-Soil Delineation The soil analytical laboratory data from the investigation activities were compared to the Tier 1 soil remediation objectives (SROs) for residential properties, located in 35 IAC Part 742, Appendix B - Table A. It has been determined that the concentrations of BTEX and MTBE are below the Tier 1 SROs for Class II groundwater. The soil analytical data for BTEX and MTBE is illustrated on Figure 4 and summarized in Table 1. The geotechnical and geochemical data are summarized in Table 3. The soil analytical laboratory reports were provided in the July 30, 2008, 45-Day Report,the May 20, 2009,ASIP, and the March 26,2010,SICK, submitted by GES. Findings-Groundwater Delineation and Class Determination The groundwater analytical laboratory data from the December 5, 2011, groundwater sampling event was compared to the Tier 1 groundwater remediation objectives (GROs) for Class 11 groundwater, located in 35 1A Part 742,Appendix B. It has been determined that the concentrations of MTBE are above the Tier 1 GROs for a Class II groundwater. The groundwater analytical data for the December 5,2011, groundwater monitoring event are illustrated on Figure 5 and summarized in Table 2. The groundwater analytical laboratory report is provided in Appendix B. The IEPA approved the Class H groundwater classification in the July 6, 2010, SICR approval letter. On October 13,2008,Ziron Environmental Services,Inc. (Ziron), of Chicago Heights,Illinois,completed an in-situ hydraulic conductivity test on monitoring well DW-3. The slug test data has been analyzed utilizing the Bouwer and Rice (1976) method, and the calculations were conducted utilizing Agtesoly software developed by HydroSOLVE. The hydraulic conductivity is 8.863 x 10"6 centimeters per second (cm/sec). The hydraulic conductivity corresponds to a groundwater yield, from up to a 12-inch borehole, of 8.98-gallons per day(gal/day)from a thickness of 15-feet or less. Therefore,hydraulic conductivity is less than 1 x 10-4 cm/sec and the groundwater yield is less than 150-gal/day. Copies of the hydraulic 2 conductivity and groundwater yield analyses were provided in the March 26, 2010, SICR, submitted by GES. 2. Analytical results,chain-of-custody forms,and laboratory certifications; The soil and groundwater analytical laboratory reports, chain-of-custody forms, and laboratory certifications were provided in the July 30, 2008, 45 Day Report, the December 22, 2008, SIP, the May 20, 2009, ASIP, the March 26, 2010, SICR, the October 4, 2010, CAP, and the June 22, 2011, RCAP, submitted by GES. The groundwater analytical laboratory report from the December 5, 2011, sampling event is provided in Appendix B. 3. Tables comparing analytical results to applicable remediation objectives; The soil and groundwater analytical data is summarized in Table 1 and Table 2,respectively. 4. Boring logs; The soil boring logs were provided in the July 30, 2008, 45-Day Report, the December 22, 2008, SIP, the May 20,2009,ASIP,and the March 26,2010,SICR,submitted by GES. 5. Monitoring well logs;and The monitoring well diagrams were provided in the July 30, 2008, 45-Day Report, the December 22,2008,SIP,the May 20,2009,ASIP,and the March 26,2010,SICR, submitted by GES. 6. Site maps meeting the requirements of 35 IAC§732.110(a)or§734.440 and showing: a. Soil sample locations; Please refer to Figure 3 and Figure 4. b. Monitoring well locations; and Please refer to Figure 3 and Figure 5. C. Plumes of soil and groundwater contamination. Please refer to Figure 6. E.Technical Information-Corrective Action Plan Provide the following: 1. Executive summary identifying the objectives of the corrective action plan and the technical approach to be utilized to meet such objectives; In order to address the onsite concentrations of COC exceeding the most restrictive Tier 1 GROs, GES has conducted an exposure pathway evaluation of the release pursuant to 35 IAC Part 742. The individual exposure pathways are the following: Soil Ingestion Exposure Pathway: Subpart G(Tier 1 Soil Evaluation) Soil Inhalation Exposure Pathway: Subpart G(Tier 1 Soil Evaluation) Soil Component of the Groundwater Ingestion Exposure Pathway: Subpart G(Tier 1 Soil Evaluation) Groundwater Component of the Groundwater Ingestion Exposure Pathway: Subpart H(Tier 2 Groundwater Evaluation) The Tier 1 evaluation was performed,in accordance with 35 IAC §742.500,by comparing concentrations of COC detected in the soil and groundwater to the remediation objectives provided in 35 IAC Part 742-Appendix B. For each COC, the controlling Tier 1 remediation objective for soil and 3 groundwater corresponds to the lowest value for the pathway under consideration. For the purposes of this Tier 1 evaluation, concentrations representative of the source area correspond to the maximum residual concentration of each COC detected. Concentrations of COC detected in media that have been removed from the site were not used in the evaluation. If impacted media from relatively the same location were sampled and analyzed more than once,the results of the most recent sampling and analysis were used for the risk assessment. The Tier 2 evaluation for groundwater was performed by utilizing RBCA equation R26 to model the distance the COC could potentially migrate and attenuate to the Tier 1 GRO. a. The major components (e.g.,treatment,containment,removal)of the corrective action plan; Shell proposes to move the point of human exposure for the release through the use of institutional controls. These institutional controls will consist of the following: 1)recording the NFR letter to the deed of the Subject Property with the condition that groundwater beneath the site is prohibited from use as a potable water supply;2) Shell has proposed a Highway Authority Agreement with MOT for portions of Illinois Route 71 and Illinois Route 47; 3) Shell may enter into a limited groundwater ordinance with the United City of Yorkville that will prohibit the use of groundwater as a potable water supply within the modeled extent of groundwater impact; and 4)provide the property owners within the modeled extent of groundwater impacts with written notification of Shell's use of the limited groundwater ordinances and provide the IEPA with written proof of these notifications within 45-days from the date the NFR is recorded. In addition, any contaminated soil and groundwater removed, or excavated from, or disturbed at the Subject Property will be handled in accordance with all applicable laws and regulations. b. The scope of the problems to be addressed by the proposed corrective action;and Not applicable. C. A schedule for implementation and completion of the plan; A Tier 2 evaluation of the Groundwater Ingestion Exposure Route (GIER) has been completed in this Corrective Action Plan(CAP). Shell proposes to move the point of human exposure for the release through the use of institutional controls. These institutional controls will consist of the following: 1)recording the NFR letter to the deed of the Subject Property with the condition that groundwater beneath the site is prohibited from use as a potable water supply;2)Shell has proposed a Highway Authority Agreement with MOT for portions of Illinois Route 71 and Illinois Route 47; 3) Shell may enter into a limited groundwater ordinance with the United City of Yorkville that will prohibit the use of groundwater as a potable water supply within the modeled extent of groundwater impact; and 4)provide the property owners within the modeled extent of groundwater impacts with written notification of Shell's use of the limited groundwater ordinances and provide the IEPA with written proof of these notifications within 45-days from the date the NFR is recorded. In addition, any contaminated soil and groundwater removed, or excavated from, or disturbed at the Subject Property will be handled in accordance with all applicable laws and regulations. d. Identification of the remediation objectives proposed for the site; In order to address the issues associated with onsite COC exceeding the most restrictive Tier 1 GROs, an exposure pathway evaluation of the release pursuant to 35 IAC Part 742, was completed. Based upon this evaluation,the individual exposure pathways have been addressed as follows: 4 Innrestion Exposure Route Tier 1 Evaluation Soil analytical data was compared to Tier 1 residential, commercial, and construction worker SROs for the soil ingestion exposure pathway. This comparison indicated that the concentrations of BTEX and MTBE are below the Tier 1 SROs. As a result, further evaluation of this pathway is not warranted. Maximum Residential Industrial/ jObLjeesn] Constituent Soil Boring Sample Detected Remediation Commercial Depth Remediation of Concern Location Concentration Objectives (feet) (PPm) (ppm) Objectives m Benzene DB-1/DW-1 J 4 0.019 12 100 2,300 Toluene DB-5/DW-5 IF--2–.-5 –IL. 0.0087 16,000 410 000 410,000 Eth lbenzene DB-6 2.5 <0.0022 7,800 200 000 20,000 Total x lens IF DB-1/DW-1 0.0036 160,000 410 000 41,000 MTBE 11 DB-l/DW-1 4� 0.084 780 20 000 2,000 NOTES: ppm=parts per million=mg/Kg=milligrams per kilogram Inhalation Exposure Route Tier 1 Evaluation Soil analytical data was compared to Tier 1 residential, commercial, and construction worker SROs for the soil inhalation exposure pathway. This comparison indicated that concentrations of BTEX and MTBE are below the Tier 1 SROs. As a result, further evaluation of this pathway is not warranted. ILLMaximum Residential Industrial/ Construction Constituent Soil Boring Sample Detected Remediation Commercial Worker Depth Remediation Remediation of Concern Location Concentration. Objectives (feet) (ppm) (ppm) Objectives Objectives m m Benzene 11 DB-1/DW-1 1 4 0.019 IF 0.8 IL 1.6 11 2.2 Toluene 11 DB-5/DW-5 JF--2—.5-11 0.0087 11 650 650 42 Eth lbenzene 11 1313-6 2.5 <0.0022 400 400 58 Total x lenes 11 DB-1/DW-1 4� 0.0036 F 320 320 5.6 MTBE 11 DB-1/DW-1 4� 0.084 8,800 8,800 140 NOTES: ppin=parts per million=mg/Kg=milligrams per kilogram Soil Component of the Groundwater Ingestion Exposure Route Tier 1 Evaluation Soil analytical data was compared to the Tier 1 residential SROs for the Soil Component of the Groundwater Ingestion Exposure Route (SCGIER). Soil analytical data indicated that the concentrations of BTEX and MTBE are below the Tier 1 SROs. As a result, further evaluation of this pathway is not warranted. 5 Constituent of Soil Boring Sample Maximum Detected Residential Remediation Concern Location Depth Concentration Objectives for Class II feet) m Groundwater m Benzene DB-1/DW-1 4 F-10.019 0.17 Toluene DB-5/DW-5 2.5 r 0.0087 29 Eth lbenzene DB-6 2.5 <0.0022 19 Total x lenes DB-1/DW-1 44 0.0036 150 MTBE DB-l/DW-1 4� 0.084 1 0.32 NOTES: ppm=parts per million=mg/Kg=milligrams per kilogram Groundwater Inzestion Exvosure Route Tier 1 Evaluation IL Groundwater analytical data was compared to the Tier i residential GROs for the groundwater ingestion exposure route (GIER). Groundwater analytical data indicated that the concentrations of MTBE at monitoring well locations DW-5 and DW-8 exceed the Tier 1 GRO for Class H groundwater;therefore,further evaluation of this pathway is warranted. Constituent of Monitoring Well Most Recent/Maximum GIER Remediation Objectives Concern Location Detected Concentration for Class II Groundwater Benzene DW-5 11 <2 25 Toluene 1 DW-5 <2 2,500 Ethylbenzene DW-5 <2 1,000 Total x lenes DW-5 <2 10,000 MTBE DW-5 630 70 NOTES: pg/L=micrograms per liter Bold=values above the 35 IAC§742 Tier 1 GROs for Class II groundwater RBCA EQUATION R26 INPUT VALUES S mbol F—U—ni—tll Default Parameters Value Source d� First order degradation constant 35 IAC Part 742,Appendix C— MTBE 0 assumed) Table E 35 IAC Part 742,Appendix C— OT L/L Total Soil Porosity—Clay 0.36 Table D Tier 1 Groundwater 35 IAC Part 742,Appendix B— C�XI mg/L Remediation Objective Table E(Class I Groundwater) MTBE 0.07 Default value for mixing zone Source width perpendicular to thickness. This value assumes that groundwater impact will remain Sd cm groundwater flow in the 200 within the upper portion of the aquifer vertical plane due to the low specific gravity of petroleum hydrocarbon constituents. 6 Symbol Unit Site-Specific Parameters Value Source Source width perpendicular to Figure 6—MTBE Plume for the GIER SW groundwater flow in the 8,077.2 Map horizontal lane cm cm/cm Hydraulic Gradient 11 0.011 r DW-5 to DW-2 12/5/2011 .La:JFcin/day I H draulic Conductivi 0.766 DW-3 10/13/2008 The calculations using RBCA Equation R26 yielded the following results: Scenario#1—DW-5 E entration of Constituent at Source MTBE -GW 0.630 m /L Distance Measured from the DW-5 to the Tier I Class 1 GRO 384-feet The distance the MTBE concentration at monitoring well location DW-5 will attenuate to the Tier 1 Class I GRO is approximately 384-feet. Please refer to Figure 6. Scenario#2—DW-8 Mof Constituent at Source MTBE -GW 0.078 mg/L e Measured from the DW-8 to the Tier I Class 1 GRO 1141-feet The distance the MTBE concentration at monitoring well location DW-8 will attenuate to the Tier 1 Class I GRO is approximately 41-feet. Please refer to Figure 6. GIER Pathway Exclusion Shell proposes to move the point of human exposure for the release through the use of institutional controls. These institutional controls will consist of the following: 1)recording the NFR letter to the deed of the Subject Property with the condition that groundwater beneath the site is prohibited from use as a potable water supply; 2) Shell has proposed a Highway Authority Agreement with IDOT for portions of Illinois Route 71 and Illinois Route 47; 3) Shell may enter into a limited groundwater ordinance with the United City of Yorkville that will prohibit the use of groundwater as a potable water supply within the modeled extent of groundwater impact; and 4)provide the property owners within the modeled extent of groundwater impacts with written notification of Shell's use of the limited groundwater ordinances and provide the IEPA with written proof of these notifications within 45-days from the date the NFR is recorded. In addition, any contaminated soil and groundwater removed, or excavated from, or disturbed at the Subject Property will be handled in accordance with all applicable laws and regulations. 3. A description of the remedial technologies selected: a. The feasibility of implementing the remedial technologies; b. Whether the remedial technologies will perform satisfactory and reliably until the remediation objectives are achieved; and C. A schedule of when the technologies are expected to achieve the applicable remediation objectives; Not applicable. 4. A confirmation sampling plan that describes how the effectiveness of the corrective action activities will be monitored during their implementation and after their completion; Not applicable. 5. A description of the current and projected future uses of the site; The Subject Property is an active service station. Current site features include three 10,000-gallon diesel fiberglass USTs, four 10,000-gallon gasoline fiberglass USTs, thirteen 7 dispenser islands, and a single story station building. A Site Map with existing site features is presented as Figure 3. The future utilization of the Subject Property is unknown. 6. A description of engineered barriers or institutional controls that will be relied upon to achieve remediation objectives; Shell proposes to move the point of human exposure for the release through the use of institutional controls. These institutional controls will consist of the following: 1)recording the NFR letter to the deed of the Subject Property with the condition that groundwater beneath the site is prohibited from use as a potable water supply;2) Shell has proposed a Highway Authority Agreement with IDOT for portions of Illinois Route 71 and Illinois Route 47; 3) Shell may enter into a limited groundwater ordinance with the United City of Yorkville that will prohibit the use of groundwater as a potable water supply within the modeled extent of groundwater impact; and 4)provide the property owners within the modeled extent of groundwater impacts with written notification of Shell's use of the limited groundwater ordinances and provide the IEPA with written proof of these notifications within 45-days from the date the NFR is recorded. In addition, any contaminated soil and groundwater removed, or excavated from, or disturbed at the Subject Property will be handled in accordance with all applicable laws and regulations. a. an assessment of their long-term reliability; These controls and restrictions will be identified in the NFR letter, which will be recorded in the chain-of-title for the Subject Property. b. operating and maintenance plans;and Not applicable. C. maps showing area covered by barriers and institutional controls; Please refer to Figure 7 and Figure 8. 7. The water supply well survey; a. Map(s)showing locations of community water supply wells and other potable wells and the setback zone for each well; Potable water supply information obtained from IEPA Source Water Assessment Program (SWAP)database was provided in the July 30,2008,45 Day Report,submitted by GES. b. Map(s)showing regulated recharge areas and wellhead protection areas; Potable water supply information obtained from the IEPA SWAP database was provided in the July 30,2008,45-Day Report, submitted by GES. C. Map(s) showing the current extent of groundwater contamination exceeding the most stringent Tier 1 remediation objectives; Please refer to Figure 5. d. Map(s) showing the modeled extent of groundwater contamination exceeding the most stringent Tier 1 remediation objectives; Please refer to Figure 6. e. Tables listing the setback zone for each community water supply well and other potable water supply wells; Potable water supply information obtained from the IEPA SWAP database was provided in the July 30,2008,45-Day Report, submitted by GES. 8 E A narrative identifying each entity contacted to identify potable water supply well,the name and title of each person contacted,and any field observations associated with any wells identified;and Potable water supply information obtained from the IEPA SWAP database was provided in the July 30,2008,45-Day Report, submitted by GES. g. A certification from a Licensed Professional Engineer or Licensed Professional Geologist that the survey was conducted in accordance with the requirements and that documentation submitted included information obtained as a result of the survey (certification of the plan satisfies this requirement); A Licensed Professional Engineer certification is on page 13 of this report. 8. Appendices: a. References and data sources report that are organized; and Not applicable. b. Field logs,well logs,and reports of laboratory analyses; Soil and groundwater analytical laboratory data are summarized in Table 1 through Table 3. The soil boring logs/monitoring well construction diagrams and soil and groundwater analytical laboratory reports were provided in the July 30, 2008, 45-Day Report, the December 22, 2008, SIP, the May 20, 2009, ASIP, the March 26,2010, SICR, the October 4, 2010, CAP, and the June 22, 2011, RCAP, submitted by GES. The groundwater analytical laboratory report for the December 5, 2011, sampling event is provided in Appendix B. 9. Site map(s)meeting the requirements of 35 M.Adm.Code§732.110(a)or§734.440; Please refer to Figure 1 through Figure 8. 10. Engineering design specifications, diagrams, schematics, calculations, manufacturer's specifications,etc., Not applicable. 11. A description of bench/pilot studies; Not applicable. 12. Cost comparison between proposed method or remediation and other methods of remediation; Not applicable. 13. For the proposed Tier 2 or 3 remediation objectives,provide the following: a. The equations used; Groundwater Ingestion Route — site-specific GROs were developed In accordance with 35 1A §742.715(d),RBCA Equation R26 located in 35 IAC Part 742,Appendix C-Table C. b. A discussion of how input variables were determined; Hydraulic conductivity W —Field observations made during site investigation activities indicated subsurface soils to be predominately clay. On October 13, 2008, Ziron completed an in-situ hydraulic conductivity test on monitoring wells DW-3. The hydraulic conductivity, as determined from monitoring well DW-3, is 8.863 x 10-6 cm/sec. A copy of the hydraulic conductivity and groundwater yield analyses were provided in the March 26,2010,SICR,submitted by GES. 9 Organic carbon content — On November 30, 2009, GES collected the natural organic carbon fraction (Foc) sample from soil boring location DB-12. The laboratory analysis indicated that the Foc value for subsurface soil is 0.01508 grams per gram (g/g). The soil geotechnical and geochemical data is summarized in Table 3 and the analytical laboratory report was provided in the March 26,2010,SICR, submitted by GES. Soil bulk density—Field observations made during site investigation activities indicated subsurface soils to be predominately clay. On November 30, 2009, GES collected the soil bulk density sample from soil boring location DB-12. The site-specific soil bulk density value is 1.89 grams per cubic centimeter (g/cm) from 7 to 8-feet below ground surface (bgs). The soil geotechnical and geochemical data is summarized in Table 3 and the analytical laboratory report was provided in the March 26,2010,SICR,submitted by GES. C. Map(s)depicting distances used in equations;and Please refer to Figure 6. d. Calculations; The RBCA spreadsheet calculations are provided in Appendix C. 14. Provide documentation to demonstrate the following for alternative technologies: a. The proposed alternative technology has a substantial likelihood of successfully achieving compliance with all applicable regulations and remediation objectives; Not applicable. b. The proposed alternative technology will not adversely affect human health and safety or the environment; Not applicable. C. The owner or operator will obtain all Illinois EPA permits necessary to legally authorize use of the alternative technology; Not applicable. d. The owner or operator will implement a program to monitor whether the requirements of subsection(14)(a)have been met; Not applicable. e. Within one year from the date of the Illinois EPA approval,the owner or operator will provide to the Illinois EPA monitoring program results establishing whether the proposed alternative technology will successfully achieve compliance with the requirements of subsection(14)(a); and Not applicable. L Demonstration that the cost of alternative technology will not exceed the cost of conventional technology and is not substantially higher that at least two other alternative technologies,if available and technically feasible. Not applicable. 15. Property Owner Summary form. Not applicable. A proposed budget including costs associated with the two previous CAP preparations and budget certification form are provided in Appendix D. The Eligibility & Deductibility Determination Letter is provided in Appendix E. 10 F. Exposure Pathway Exclusion Provide the following: 1. A description of the tests to be performed in determining whether the following requirements will be met: a. Attenuation capacity of the soil will not be exceeded for any of the organic contaminants; To determine if the soil attenuation capacity was exceeded, the sum of the organic contaminant residual concentrations at each discrete sampling point was compared to the Foc of the soil. The site-specific Foc is 0.01508 g/g for subsurface soils; therefore, the attenuation capacity has not been exceeded. b. Soil saturation limit will not be exceeded for any of the organic contaminants; As shown in the below table, the soil saturation limits for the organic contaminants were not exceeded. Constituent of Soil Boring Sample Maximum Detected Soil Saturation Limit Concern Location De th feet Concentration m C m Benzene DB-1/DW-1 4 0.019 g70 Toluene —� DB-5/DW-15J 2.5 0.0087 IL 650 —J Eth lbenzene DB-6 2.5 <0.0022 400 Total x lens DB-1/DW-1 4 0.0036 320 MTBE DB-1/DW-1 11 1 0.084 8,800 C. Contaminated soil do not exhibit any of the reactivity characteristics of hazardous waste per 35 IAC§721.123; Soil reactivity was not analyzed at the Subject Property. d. Contaminated soils do not exhibit a pH <2.0 or >12.; and On December 1, 2009, GES collected a waste characterization sample from the Subject Property for pH analysis. It has been determined from soil analytical results that site-specific pH of subsurface soils is 7.87. e. Contaminated soils which contain arsenic, barium, cadmium, chromium, lead, mercury or selenium (or other associated salts) do not exist any of the toxicity characteristics of hazardous waste per 35 IAC§721.124. A review of the Office of the State Fire Marshal (OSFM)records indicated that the USTs located at the Subject Property have stored unleaded gasoline and diesel; therefore, soils are not expected to exhibit toxicity characteristics of hazardous waste per 35 IAC §721.124. 2. A discussion of how any exposure pathways are to be excluded. Ingestion Exposure Route Not applicable. Inhalation Exposure Route Not applicable. SCGIER Not applicable. I1 GIER Shell proposes to move the point of human exposure for the release through the use of institutional controls. These institutional controls will consist of the following: 1)recording the NFR letter to the deed of the Subject Property with the condition that groundwater beneath the site is prohibited from use as a potable water supply;2) Shell has proposed a Highway Authority Agreement with MOT for portions of Illinois Route 71 and Illinois Route 47; 3) Shell may enter into a limited groundwater ordinance with the United City of Yorkville that will prohibit the use of groundwater as a potable water supply within the modeled extent of groundwater impact; and 4)provide the property owners within the modeled extent of groundwater impacts with written notification of Shell's use of the limited groundwater ordinances and provide the IEPA with written proof of these notifications within 45-days from the date the NFR is recorded. In addition, any contaminated soil and groundwater removed, or excavated from, or disturbed at the Subject Property will be handled in accordance with all applicable laws and regulations. 12 G. Signatures All Plans, budgets, and reports must be signed by the owner or operator and list the owner's or operator's full name,address,and telephone number. UST Owner or Operator Consultant John Robbins for Groundwater&Environmental Name: Shell Oil Products US Company: Services,Inc. Contact: Environmental Program Manager Contact: Melissa M.Blaha Address: 1511 North Convent 700-293 Address: 1050 Corporate Blvd, Suite C City: Bourbonnais City: Aurora State: Illinois State: Illinois Zip Code: 60914 Zip Code: 60505 Phone: (815)468- 824 Phone: (866)455-2419 ext 4038 Signature: Signature: Date: y- it, Date: 1 °7 I certify under penalty of law that all activities that are the subject of this plan were conducted under my supervision or were conducted under the supervision of another Licensed Professional Engineer or Licensed Professional Geologist and reviewed by me; that this plan and all attachments were prepared under my supervision; that, to the best of my knowledge and belief, the work described in this plan has been completed in accordance with the Environmental Protection Act [415 ILCS5], 35 Ill. Adm. Code 731, 732 or 734, and generally accepted standards and practices of my profession; and that the information presented is accurate and complete. I am aware there are significant penalties for submitting false statements or representations to the Illinois EPA, including but not limited to fines, imprisonment, or both as provided in Sections 44 and 57.17 or the Environmental Protection Act [415 ILCS 5/44 and 57.17]. Licensed Professional Engineer or Geologist L.P.E.or L.P.G. Seal Name: David G. Tully,P.E. Firm: Groundwater&Environmental Services,Inc. Address: 1050 Corporate Blvd, Suite C City Aurora State: Illinois Zip Code: 60505 Phone: (866)455-2419 ext 4040 Ill. Registration No.: 062-0.53.775 License Expirat' n ate 11/30/ 013 Signature: , Date: - 13 FIGURES x y : I k Am .:7A 5q �'•. .. l r R 4. WW t.fi lk �, � �°"l-1 '+� i R � 'try' •,,, SITE w w r f s to rzt W i r 1 x ' 2500 RADIUS i }, 1� < Y o w t x , SOURCE: USGS 7.5 MINUTE SERIES LEGEND: TOPOGRAPHIC QUADRANGLE 1993 PLATTVILLE, ILLINOIS WQ WELL CONTOUR INTERVAL = 10' TOWNSHIP - 36N RANGE - 7E SECTION - 5 DRAFTED BY- M.L.T. WELL LOCATION MAP (N.J.) CHECKED BY: SHELL OIL PRODUCTS US SHELL SERVICE STATION SAP#116824 REVIEWED BY: 2001 BRIDGE STREET ILLINOIS YORKVILLE, ILLINOIS NORTH Groundwater&Environmental Services,Inc. 1050 CORPORATE BOULEVARD, SUITE C, AURORA, IL 60505 SCALE IN FEET DATE FIGURE 2-9-08 QUADRANGLE LOCATION o a000 1 y ttj'A ti C mrwwnc�ri ALSH CIRCLE a FN01 FiID 'A / I COYYEACML �, RpIp1 E 71 1 � Z w2 j til �j a w � (c i� `f� woods DRR +.f' vN+auc,m E.M.E.M. LOCAL AREA b1AP cNCCD av: SHELL OIL PRODUCTS US SHELL SERVICE STATION SAP/ 116624 X ?� �rwro er 2001 SOUTH BRIDGE STREET YORKVW E, ILLINOIS NORTN Groundwater&Environmental Services,Inc. 1050 CORPORATE BOULEVARD,SUITE C,AURORA, IL 60505 ., SCALE IN FEET(APPROXIMATE) DATE FlGURE EMMMMM� 9-15-10 2 : WAIL:GREENS LEGEND —--— PROPERTY BOUNDARY (� UTILITY MANHOLE ILLINOIS ROUTE 71) UNDERGROUND STORAGE TANK STAGECOACH TRAIL ( PRODUCT PIPING LINE WEST —� —Y VAPOR RECOVERY LINE arch MONITORING WELL '�b / (ITCH OBSERVATION WELL \ 'Y DO-13/ \ '[rjc—- SOIL BORING C — J D6=12/ \ DW-,2 c— _ DW-11 _�_\- jJl —�-- UNDERGROUND SANITARY SEWER LINE °M e —s*—— UNDERGROUND STORM SEWER LINE ONE pp '/ DW ��'r \ £ —T UNDERGROUND TELEPHONE LINE SIGN DB r w UNDERGROUND ELECTRIC LINE -5/ `ec r\� ®' \ .� —w UNDERGROUND WATER LINE \t DETENTION z- \ POND ? UNDERGROUND GAS LINE r s ''-{ — DHE — OVERHEAD ELECTRIC �r r v DW-y DW-DB 1 g rr�h�4:i a rC,'ir 1r LIE— sue \s O DB-4/Q t9W/ i O DW-6 \q�DW- W \�s SERVICE \ STATION m yRv' OSS\\ (pi DB-2/ DW-2 y � � m �W 0 OO DW 4 \ \\ \ \+DB-6 / �MPSUR E.M.E. SITE MR (N.J.) CHECKED eY: SHELL OIL PRODUCTS US v \� SHELL SERVICE STATION SAP,# 116824 REVIEWED BY 2001 SOUTH BRIDGE STREET _YORKVILLE, I LINOLS Groundwater&Environmental Services,Inc. c? NORTH 1050 CORPORATE BOULEVARD, SUITE C,AURORA, IL 60505 SQURC SHELL OI COMPANY SCALE IN FEET DATE FIGURE L HOUSTON TX--Y— -----�----�--_ —_ --_------ --- 0 APPROXIMATE 60 MAR 18 1994 � 1-3-12 3 t'30-09D 11-30-09 D -13 DW-12 4' 4' 11-30-09 a <o B <00009 a'WALGREENS LEGENT 10a0o1 1 T <0.0009 E ` D B `0.0008 X <0.001 E `0'0009 T `0.0008 ---- PROPERTY BOUNDARY MTBE<0.0049 X 10.0009 E `0.0008 MTBE`0.0047 OM UTILITY MANHOLE X 10.0008 ___ ROUTE 71) MTBE `0.0041 UNDERGROUND STORAGE TANK OACH TRAIL (ILLINOIS -=P-=PRODUCT PIPING LINE WEST D -5 D - -v -VAPOR RECOVERY LINE STAG DITCH 1;0 s 1z zoos 2.5' MONITORING WELL (7 B `0.0019 C DITCH DB-13/ E 00019 $ SOIL BORING WELL DITCH DB-11 DW-12 X `0.00193 \ DW-11 � - DB-4 SAMPLE IDENTIFICATION MTBE `0.0019 6 12 2008 SAMPLE DATE N N g8 1,, 2.5' SAMPLE DEPTH (feet) 2 8 8 `0.0018 BENZENE CONCENTRATION (mg/k ) W-1 sicN \ <0 0 $ E <0.0018 TETHYLBENZENE CONCENTRATION kg�g/kg) ti yti pW 5/ O 3-� X <O.Ot 84 XYLENES CONCENTRATION (mg k(g) 11-30-09 2 DETENTION < 0 MTBE<0.0018 MTBE CONCENTRATION (mg/kgs 2' �2 POND r? \ �� T 3 mg/kg MILLIGRAMS PER KILOGRAM TI<<.0.0009 tl 1 \ 'C MTBE METHYL tent-BUM ETHER E `0.0009 tit tz P \ \ H <# WHERE AN ANALYTE IS NOT DETECTED, X <0.0009 '`�. ` DB-9/ Q /� O \ Z A METHOD DETECTION LIMIT IS GIVEN MTBE 1a.o0a3 8 P � \ SOIL SAMPLES WERE COLLECTED BELOW 1_�DW /e / DB-i DW-1 DB-10 1 i _ e :) STATIC GROUNDWATER LEVEL s 1 z zoos 1 DW-9 �_ �� O ° \ 5 s as B 0. 9 1 /DB-4/Q N T 0.00103 ��iy iitv1 / DW-4 E `. 002 MTB 1 io ioJ2 E 0084 DB-7/ ` \\4 D o� \ DW-6 / 3 3o zoos SERVICE \ B 2' o.DOOS STATION OM T 0.001 E `0.0009 ° X <0.0009 \ MTBE<0.0045 3 -B DW-7 B- -7 DB-2/ N 3 30 2009 3 30 2009 \ 0W o h O 2' 4' O ' B 0.0009 B <0.001I / i T <0.0009 T 0.0012 \ \ vQW-3/ NEE` E `0.0009 E <0.0011 /p X <o.000s x <o.00n MTBE`0.0044 MTBE`0.0056 DUE TO SHALLOW LTTHOLOGY AND GROUNDWATER A \ DUMPSTER SOIL SAMPLE COULD NOT BE COLLECTED AT THE \\ ENCLOSURE DB 6� / LOCATION OF DO-9/DW-8. 8-2 D -2 \ DRArrro W ��.. s 12 5 006 _ / (N SOB,ANALYTICAL DATA MAP 8 `0.002 \ T 0.0047 ' CHECKED 6Y: I�I,OII.PRODUCTS US�- E <o.00z DB-6 _ D -4 w-4 SHELL SERVICE STATION SAP 116824 X 0.0021 6 12 2008 2 8 'B-3 DW-3 6 12 2008 x \/ RENEWED Er 2001 SOUTH BRIDGE STREET MTBE <o.o0z 2 5• 6 12 2008 2.5' a <0.0022 <00 2.5' B <0.001e YORKVILLE, BJJNOIS r T 0.0068 2 B <0.0018 T 0.0051 E <0.0022 .0 3 T 0.0046 E `0.0018 NORTH Groundwater&Environmental Services,Inc. `-' x 0.0028- < 0 E <0.0018 x <0.0184 1050 CORPORATE BOULEVARD, SUITE C.AURORA, IL 60505 SOURCE: MTBE <0.0022 2Y X <0.0018 MTBE`0.0018 SHELL OIL COMPANY MTBE<O.00tB SCALE IN FEET DATE FIGURE HOUSTON TX MAR 18 1994 9-23-10 4 0 APPROXIMATE 60 DW-11 LEGEND WALGREENS 12-5-11 93.94 OW12 —--— PROPERTY BOUNDARY NS 12-5-11 OM UTILITY MANHOLE ROUTE 71) 96.87 i i UNDERGROUND STORAGE TANK STAGECOACH TRAIL (ILLINOIS NS —P-- PRODUCT PIPING LINE —� VAPOR RECOVERY LINE WEST \ �\ ` DITCH ) DW-5 MONITORING WELL d 12-5-11 9`00, /\ \ ( 94.53 OBSERVATION WELL \ ` \ \ 'Erl a <1 DW-5 WELL IDENTIFICATION DW-12 T <t 12-5-11 SAMPLED DATE DW-10 -_�-- �(� DW-111 ` X c2 94.53 GROUNDWATER ELEVATION (feet) I B <i BENZENE CONCENTRATION (ug L 12-5-11 - _ MTBE 630 E <� TOLUENE CONCENTRATION 92.97 DW-10 I g/L) NS i-� ti,tit SS" \ MIBE 3' MTBE CONCE TRA ON (ug%L) \? t -5 `3 ug/L MICROGRAMS PER LITER Z DETENTION j /� \ �� \i POND MTBE METHYL tent-BUM ETHER I ii l71 C,PaGNk H / Q \ \ <# AHMETHOD DETECTION LIMIT S GIVEN D rr � DW-4 DASHED WW ERE INFERRED(feet) 1 94 6911 \ OW y N pW r`„� 1 v P �\\ 0isae Q \ O 1255-11 630 BOLD VALUES INDICATE THE CONCENTRATIONS r rrJ= �,,� ARE ABOVE TIER 1 GROUNDWATER REMEDIATION NS v�r r �'s Q \ NS OBJECTIVES `o` or r�ri r r Q ' NS NOT SAMPLED DW-4 � 12-5-11 SERVICE \ w 94.67 94.00_ _ \_ a NS \ STATION OM 5.00— Q \ DW-6 ay`o 12-5-11 -2a 2 �s� \ H 94.94 4 \ Q O \ M NS DW-8 \ 12-5-11 NOTE. 95.09 \ Q� O DW 3 13 <0.5 �'°-� MONITORING WELL DW-8 WAS NOT USED TO i <o.s ��._- DUMPSTER /\ DETERMINE GROUNDWATER FLOW DIRECTION. E <0.5 \ ENCLOSURE X <1 �.`-_..__.-... _ MTBE 76 12D—W--1 1 \ /� ' °R.M.. GROUNDWATER ANALYTICAL MAP 96.1e \ (N.J,) -_ DECIMER 5, 2011 NS DW-7 ' l CHECKED By SHE ML OIL PRODUCTS US 12-5-11 SHELL SERVICE STATION SAP/ 116824 65.53 NS REVIENEp er. 2001 SOUTH BRIDGE STREET DW_3 YORRVILLE, ILLINOIS -.- t2-5—t t Groundwater&Environmental Services,Inc. 9 94.93 NORTH 1050 CORPORATE BOULEVARD, SUITE C,AURORA, IL 60505 E S4ELL O SCALE IN FEET DATE FIGURE S HELL OIL COMPANY HOUSTON T% t-3—I2 5 MAR 18 1994 0 APPROXIMATE 60 _____---_ - - --- --------- fir--- -_ � � LEGEND —--— PROPERTY BOUNDARY 0 UTILITY MANHOLE i UNDERGROUND STORAGE TANK —a PRODUCT PIPING LINE — VAPOR RECOVERY LINE ,tB MONITORING WELL OBSERVATION WELL SOIL BORING —ss—— UNDERGROUND SANITARY SEWER LINE UNDERGROUND STORM SEWER LINE —T UNDERGROUND TELEPHONE LINE —uE—— UNDERGROUND ELECTRIC LINE —w — UNDERGROUND WATER LINE >1s sancc wom UNDERGROUND GAS LINE mann.•TmPO�1°1A""`nn.o.�rclux T'E 01ST f1p1I°Y-B \ '�rTxT — u+E — OVERHEAD ELECTRIC ro nIE ails 1 am s JB4 FEET WALGREENS MTBE METHYL tent-BUM ETHER ` UTE 71) k,,d PLUME EDGE STAGECOACH 'FR (ILLINOIS m i � WEST STAGECOACH d \ wF. DB-13/ nc oatWact ow-e ro \i M. _ Yl1 UB ow- ° ve9 DB-4/p 00-7 \\4 DO I/ 0W-6 '/ \w SERVICE \� STATION \ D M.E. MTBE PLUME FOR THE GIER MAP CHECKED er: SHELL OIL PRODUCTS US SHELL SERVICE STATION SAP# 116824 3/ p DI - / \\ REVEwcD er 2001 SOUTH HRHIGE STREET / YOREVILLE, ILLINOIS \ � — NORTH © Groundwater 8c Environmental Services,Inc. v 1050 CORPORATE BOULEVARD, SUITE C,AURORA. IL 60505 oURCE: \ SHCU.OIL COMPANY J SCALE IN FEET DATE FIGURE HOUSTON TX MAR 18 1994 I 0 APPROxiMATE 80 �-�O-�2 6 LEGEND ———— PROPERTY BOUNDARY OM UTILITY MANHOLE UNDERGROUND STORAGE TANK —p PRODUCT PIPING UNE —� VAPOR RECOVERY LINE 6 MONITORING WELL OBSERVATION WELL SOIL BORING —ss—— UNDERGROUND SANITARY SEWER LINE UNDERGROUND STORM SEWER LINE T UNDERGROUND TELEPHONE LINE —GE—— UNDERGROUND ELECTRIC LINE —w — UNDERGROUND WATER LINE —G—— UNDERGROUND GAS LINE GHE — OVERHEAD ELECTRIC WALGrsEWrs F�SS ��00TT pp HRGHWAY AIUIHORffY AGREEMENT sd 1 RIfN1Rl1 ! / e t9 DB-1 e e e�e (�� p 1 ° Dw=f' DO-7 4DW— Dw B SERVICE STATIONSi t \ / a\ DBnFiEO°BY: DB-z O \tea / /� \"� E.M.E. PROPOSED HIGHWAY AUTHORITY AGREEMENT MAF NJ \ O M CHECKED BY: SHELL OIL PRODUCTS US SHELL SERVICE STATION SAP# 116824 Q REMEWED BY 2001 SOUTH BRIDGE STREET YORMLLE, ILLINOIS Groundwater&Environmental Services,Inc. NORTH 1050 CORPORATE BOULEVARD,SUITE C.AURORA,IL 60505 v SCALE IN FEET DATE FIGURE \� ' ' T D mmmmX 6-8-11 7 -- CRASS LEGEND to T� AREA SUBJECT TO FIELD y L 1 GROUNDWATER USE RESTRICTIONS x � AREA SUBJECT TO � UNITED CITY OF YORIMLLE LIMITED GROUNDWATER ORDINANCE RESTRICTIONS IPIN PROPERTY IDENTIFICATION NUMBER b COMMERCIAL FARM FIELD I ' WALGR E I y O y PINhl 05—OS-478-005 ROUTE 71 - - - x TREES -'1 s E 3 SITE a+uhD sY: E-M.E. PROPOSED INSTITUTIONAL CONTROIS MAP CHECKED er: SHELL OIL PRODUCTS US SHELL SERVICE STATION SAP/ 116624 aMEWED BY 2001 SOUTH BRIDGE STREET _ YORKVILLE, USMOIS ' NORTH Groundwater&EnvironmcnW Services,Inc. 1050 CORPORATE BOULEVARD, SURE C.AURORA, IL 60505 E GRASS /- SCALE IN FEET DATE FIGURE 0 APPROXIMATE 150 1-10-12 8 TABLES Table 1 SOIL ANALYTICAL DATA-BTEX/MTBE Shell Service Station#116824 2001 South Bridge Street Yorkville,Illinois Tier 1 Soil Remediation Objectives for Benzene Toluene Ethylbenzene Xylenes MTBE Residential Properties (mg/kg) (mg/kg) (mg/kg) (mg/kg) (mg/kg) ngesdon-residential 12 16,000 7,800 16,000 780 ngesdon-construction worker 2,300 410,000 20,000 41,000 2,000 Inhalation-residential 0.8 650 400 320 8,800 Inhalation-construction worker 2.2 42 58 5.6 140 Soil Component of Groundwater(Class II) 0.17 29 19 150 0.32 Soil Sample Location Date Depth(feet) DB-1/DW-1 06/1272008 4 0.019 0.0031 <0.002 0.0036 0.084 DB-2/DW-2 06/12/2008 2.5 <0.002 0.0047 <0.002 0.0021 <0.002 DB-3/DW-3 06/12/2008 2.5 <0.0018 0.0045 <0.0018 <0.0018 <0.0018 DB-4/DW-4 06/12/2008 1 2.5 <0.0018 0.0051 <0.0018 <0.00184 <0.0018 DB-5/DW-5 06/12/2008 2.5 <0.0019 0.0087 <0.0019 <0.00193 <0.0019 -51)W-5. M ti <0 0023 <0-0fr2x DB-f1 06/12/2008 25 <0.0022 0 0068 -00022 0.0028 <0.0022 40.ii1123_ X0.00.'.+ 0.0033 DB-7/DW-6 03/30/2009 2 <0.0009 0.001 <0.0009 <0.0009 <0.00451 DB-8/DW-7 03/30/2009 2 <0.0009 <0.0009 <0.0009 <0.0009 <0.0044 DB-8/DW-7 03/30/2009 4 <0.0011 0.0012 <0.0011 <0.0011 <0.0056 DB-10/13W-9 11/30/2009 2 <0.0009 1 <0.0009 <0.0009 <0.0009 <0.0043 DB-11/DW-10 11/30/2009 4 <0.001 <0.001 <0.001 <0.001 <0.0049 DB-12/DW-11 11/30/2009 4 <0.0009 <0.0009 <0.0009 <0.0009 <0.0047 DB-13/DW-12 11/30/2009 4 <0.0008 <0.0008 <0.0008 <0.0008 <0.0041 NOTES: 1. mg/kg=milligrams per kilogram or parts per million(ppm) 2. <#=Not detected above analytical method detection limit 3. Shaded cells indicate soil samples were collected below static groundwater level Table 2 GROUNDWATER ANALYTICAL DATA-BTEX/MTBE Shell Service Station#116824 2001 South Bridge Street Yorkville,Illinois Der I Groundwater Remediation Objectives for the Groundwater Ingestion Benzene Toluene Ethylbenzene Xylenes WBE Exposure Routt (n8/L) (nF) (1181L) (u8/L) (OWL) Groundwater Remediadon Objective(Class 1) 5 1,000 700 10,000 70 Groundwater Renred(adon Objective(Class IV 25 2,500 1,000 10,000 70 Referenced Depth to Gromdwater Sample Location Sample Date Elevation Groundwater Elevation DW-I 06/23/2008 96.88 5.36 91.52 <1 <1 <1 <1 160 10/13/2008 96.88 5.16 91.72 <1 <1 <1 <1 163.7 02/0612009 96.88 3.50 93.38 1.269 <1 <1 <I 60.61 05/0612009 96.88 0.00 96.88 1.12 <1 <1 <1 93.2 01/04/2010 96.88 2.21 94.67 <1 <1 <1 <1 134.6 08/25/2010 96.88 1.80 95.08 <1 <1 <1 <1 15 05/18/2011 96.88 2.21 94.67 <2 Q Q Q 12 12/5/2011 96.88 2.21 94.67 NS NS NS NS NS DW-2 06/23/2008 99.01 5.05 93.96 <1 <1 <1 <1 <1 10/13/2008 99.01 6.42 92.59 <1 <1 I <1 <1 <5 02'06,'2009 99.01 5.61 93.40 <1 <1 <1 <1 <5 05/06/2009 99.01 5.21 93.80 NS NS NS NS <5 01/04/2010 99.01 4.38 94.63 NS NS NS NS NS 08/25/2010 99.01 6.32 92.69 NS NS NS NS NS 05/18/2011 99.01 4.72 94.29 NS NS NS NS NS 1215/2011 99.01 2.83 96.18 NS NS NS NS NS DW-3 06/23/2008 99.40 5.54 93.86 <1 <1 <1 <1 <1 10/13/2008 99.40 6.09 93.31 <1 <1 <1 <1 <5 02/06/2009 99.40 5.96 93.44 <1 <1 <1 <1 <5 05/06/2009 99.40 4.3 95.10 NS NS NS NS <5 01/04/2010 99.40 3.64 95.76 NS NS NS NS NS 08/25/2010 99.40 6.02 93.38 NS NS NS NS NS 05/18/2011 99.40 5.65 93.75 NS NS NS NS NS 12/5/2011 99.40 4.47 94.93 NS NS NS NS NS DW-4 06/23/2008 99.17 4.84 94.33 <1 <1 <1 <1 3.9 10/13/2008 99.17 4.77 94.4 <I <1 <1 <1 <5 02/06/2009 9917 5.51 93.66 <1 <1 <1 <1 <5 05/06/2009 99.17 2.79 96.38 NS NS NS NS <5 01/04/2010 99.17 3.44 95.73 NS NS NS NS NS 08/25/2010 99.17 3.99 95.18 NS NS NS NS NS 05/18/2011 99.17 4.03 95.14 NS NS NS NS NS 12/52011 99.17 3.85 95.32 NS NS NS NS NS DW-5 06/23/2008 99.23 5.87 93.36 <1 <1 <1 <1 610 10/13/2008 99.23 6.63 92.60 <1 <1 <1 <1 358.8 02/06/2009 99.23 6.13 93.10 <1 <1 <1 <1 115.9 05/06/2009 99.23 5.99 93.24 <1 <I <1 <1 349.3 01/04/2010 99.23 4.75 94.48 <1 <1 <1 <1 565.8 08/25/2010 99.23 6.74 92.49 <] <] <1 <1 464.9 05/18/2011 99.23 7.15 92.08 <2 <2 Q <2 460 12/5/2011 99.23 4.7 94.53 <1 <1 <1 Q 630 DW-6 05/06/2009 98.13 3.01 95.12 <1 <1 <1 <] 59.8 01/04/2009 98.13 3.05 95.08 <1 <1 <1 <1 44.19 08/25/2010 98.13 3.11 95.02 NS NS NS NS NS 05/18/2011 98.13 2.73 95.40 Q <2 Q Q 65 12/5/2011 98.13 3.19 94.94 NS NS NS NS NS DW-7 05./06/2009 99.5 5.31 94.19 <1 <1 <1 <1 10.98 01/04/2010 99.5 4.84 94.66 <1 <1 <1 <1 <5 08/25/2010 99.5 4.67 94.83 NS NS NS NS NS 05/18/2011 99.5 5.66 93.84 <2 Q <2 Q <2 12/5/2011 99.5 3.97 95.53 NS NS NS NS NS DW-8 05/06/2009 98.38 2.98 95.40 3.33 <1 77-7-77195.73 01/04/2010 98.38 NG NG Frozen 08/25/2010 98.38 3.15 95.23 <1 <1 <1 <1 88,9 05/18/2011 98.38 2.94 95.44 <2 <2 <2 <2 66 12/5/2011 98.38 3.29 95.09 <0.5 <0.5 <0.5 <1 78 DW-9 01/04/2010 96.88 2.35 94.53 <1 <1 <1 <1 31,2 08/25/2010 96.88 2.66 94.22 NS NS NS NS NS 05/18,11011 96.88 2.35 94.53 Q <2 Q <2 59 12/5/2011 96.88 2.19 94.69 NS NS NS NS NS DW-10 01/04/2010 96.09 2.85 93.24 <1 <1 <1 Q 34.4 08/25/2010 96.09 3.28 92.81 NS NS NS NS NS 05/18/2011 96.09 2.49 93.60 Q <2 12 Q 36 12/5/2011 96.09 3.12 92.97 NS NS NS NS NS DW-11 01/04/2010 97.49 3.47 94.02 <1 <1 <1 <1 <5 08/25/2010 97.49 3.82 93.67 NS NS NS NS NS 05/18/2011 97.49 3.61 93.88 <2 <2 <2 <2 <2 12/5/2011 97.49 3.55 93.94 NS NS NS NS NS DW-12 01/04/2010 101.11 5.39 95.72 <1 <1 <1 -F-<-I -F-<-5-11 08/25/2010 101.11 6.13 94.98 NS NS NS NS NS 05!18/2011 101.11 6.77 94.34 Q <2 <2 <2 <2 12/5/2011 101.11 4.24 96.87 NS NS NS NS I NS NOTES: 1,ug/L=micrograms per liter 2.NG=Not Gauged 3.NS=Not Sampled 4.<#=Not detected above the method detection limit(MDL)indicated 5.Bold values indicate concentrations above Title 35 IAC Part 742 Tier 1 Groundwater Remediation Objectives-Class 11 Groundwater Table 3 GEOTECHNICAL AND GEOCHEMICAL DATA Shell Service Station#116824 2001 South Bridge Street Yorkville,Illinois 0 •y d SOIL CHARACTERIZATION ANALYSIS o o t v p,+ O Soil Sample Location Date Depth feet cm3 % /cm3 DB-12/DW-11 11/30/09 7-8 NS 1.89 14.4 NS DB-12/DW-11 11/30/09 4 0.01508 NS NS 2.71 NOTES: 1. NS=Not Sampled 2. g/g=gram per gram 3. g/cm3=grams per cubic centimeter 4. Lab reported organic carbon content was multiplied by the Nelson and Sommers(1982)caveat of 0.58 Equilon Enterprises LLC dba Shell Oil Products US HSE/Environmental Services 603 Diehl Road, Suite 103 Naperville, Illinois 60563 Tel (630) 276.4206 Fax(713)423-0544 E-mail john_robbins @sheli.com March 26, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. jay Gaydosh Illinois Environmental Protection Agency Bureau of Land - #24 Leaking Underground Storage Tank Section Post Office Box 19276 1021 North Grand Avenue East Springfield, IL 62794-9276 RE. LPC #0930255043 - Kendall County Yorkville/Shell Service Station#116824 2001 South Bridge Street LUST Incident#20081143 LUST Technical File Dear Mr. Gaydosh: Enclosed, please find one original and one copy of the Site Iniextigalion Completion Reporl (SICK) for the above-referenced Leaking Underground Storage Tank (LUST) incident #20081143. The SICR was prepared due to the July 30, 2009, Illinois Environmental Protection agency (IEPA) Sile Inverligation Plan (SIP) approval letter. Should you have any questions or require additional information, please contact me at (630) 276-4206. Sincerely, 60t4_1 .John Robbins Project Manager HSE/Environmental Services Shell Oil Products US cc: Mehssa NI.Powell,GES,Inc. RDK Ventures Encl: SICR(2) i L-701 = jig SITE INVESTIGATION COMPLETION REPORT Shell Service Station #116824 2001 South Bridge Street Yorkville, Kendall County, Illinois LUST Incident#20081143 LPC #0430255043 Prepared For: Mr.John Robbins Project Manager Shell Oil Products US 603 Diehl Road Suite 103 Naperville, IL 60563 Prepared By: Groundwater & Environmental Services, Inc. 1050 Corporate Boulevard, Suite C Aurora, IL 60505 i n iA- --A. 1A(L-t Vw� - James Wgcobsen Melissa M. Powell Staff Geologist Senior Project Manager March 18, 2010 TABLE OF CONTENTS Section Title Egge A. SITE IDENTIFICATION.....................................................................................1 B. SITE INFORMATION..........................................................................................I C. SITE INVESTIGATION RESULTS ..................................................................1 D. SIGNATURES AND CERTIFICATION............................................................9 FIGURES Figure I Well Location Map Figure 2 Local Area Map Figure 3 Site Map Figure 4 Soil Analytical Data Map Figure 5 Groundwater Analytical Map—January 4, 2010 Figure 6 Cross-Section Location Map Figure 7 Cross-Section A-A' TABLES Table I Soil Analytical Data--BTEX/MTBE Table 2 Groundwater Analytical Data--BTEXIMTBE Table 3 Geochemical and Geotechnical Data APPENDICES Appendix A IEPA Correspondence—July 30, 2009 Appendix B Soil Analytical Laboratory Report Appendix C Soil Boring Logs/Monitoring Well Construction Diagrams Appendix D Groundwater Analytical Laboratory Report Appendix E Site Investigation Summary Form i The Agmn�outhxxmd w m*u Ilaa infamrthon ada SwEion 4 and Trle XV I d the F] i onniaUl kh•otatian Act t4I5 FIX'S 54.5 t7.57.171.Faihne to dnckme tha mfi rM"nor tmuk in a o,�il patalry of,N fo =CCCdSSII,IMMl1M1fir the riolatgn aM an addritral Civil ptmhy oftmt to ctir ulSFt1.l rH1tn7 fo—h dat +ltdlth,+ bfio�ieunn[ 1415 ILCC;,a?.,\m pnsnnis}tn 1.,�o.+inchmkF afaL,cnutaial slalom:nt or rgTz=L rl in am iabd.ttandml.seoosd.rgxrL pomrt,c,liven e,er'11-Axumrrn filed,mxontaiis$o�—1 Iw the paqprn of C1.;,4 F&n.Am,wood rn.,f+sepnurt oFnnc alto mnrKynn haamda is t Class 3 Flory•1415 Q.('S�c 17!Tins fnm has beat nppro+od by the Farms S[ansganer Ctme' Illinois Environmental Protection Agency Leaking Underground Storage Tank Program Site Investigation Completion Report A. Site Identification IEMA Incident#(6-8 digit): 20081143 IEPA LPC#(10 digit): 0930255043 Site Name: Shell Service Station#116824 Site Address (Not a PO Box): 2001 South Bridge Street City: Yorkville County: Kendall Zip Code: 60560 Leaking UST Technical File B. Site Information 1. Will the owner/operator seek reimbursement from the underground Storage Tank Fund? ®Yes ❑ No 2. Has a Site Investigation Plan been approved? ®Yes ❑No Date(s) of approval letter(s): July 30,2009(Appendix A) C. Site Investigation Results Provide the following: 1. Site History with respect to the release; Shell Service Station #116824, located at 2001 South Bridge Street, Yorkville, Kendall County, Illinois, (Subject Property) is an active petroleum retailer. Currently, the site features include two 10,000-gallon diesel underground storage tanks (USTs), two 10,000-gallon USTs, thirteen dispenser islands, and a single story station building. The Well Location Map, Local Area Map, and Site Map showing utility locations and current site features are provided as Figure 1, Figure 2, and Figure 3,respectively. On June 12,2008, Groundwater&EnvironmentaI Services, Inc. (GES), of Aurora, Illinois, oversaw the advancement of six onsite soil borings and five groundwater monitoring wells (DB-1/DW-1 through DB-5/DW-5, and DB-6) for benzene, toluene, ethylbenzene, and total xylenes (BTEX) and methyl tertiary butyl ether (MTBE) analysis according to United States Environmental Protection Agency (USEPA) Method 5035/8260B. The soil analytical laboratory data is illustrated on Figure 4 and summarized in Table 1. The soil analytical laboratory report and soil boring logs/monitoring well construction diagrams were provided in the July 30, 2008, 45-Day Report, submitted by GES. On June 23, 2008, Ziron Environmental Services, Inc. (Ziron) of Chicago Heights, Illinois, sampled monitoring wells DW-1 through DW-5. Ziron submitted the groundwater samples to Southern Petroleum Laboratories, Inc. (SPL) in Houston, Texas, for BTEX and MTBE laboratory analysis according to USEPA Method 8260B. The groundwater analytical laboratory data are summarized in Table 2 and the groundwater analytical laboratory report was provided in the July 30,2008, 45- Day Report,submitted by GES. 1 On July 29, 2008, in accordance with 35 LAC §734.210(a), Ms. Melissa Powell of GES, an environmental consultant for Shell, contacted the Illinois Emergency Management Agency(IEMA) and incident number 20081143 was assigned. On October 13, 2008, Ziron sampled monitoring wells DW-1 through DW-5. Ziron submitted the groundwater samples to Xenco Laboratories, Inc. (Xenco), of Houston, Texas, for BTEX and MTBE laboratory analysis according to USEPA Method 8260B. The groundwater analytical laboratory data are summarized in Table 2. The groundwater analytical laboratory report was provided in the May 20,2009,Amended Site Investigation Plan(ASIP), submitted by GES. On February 6, 2009, Ziron sampled monitoring wells DW-1 through DW-5. Ziron submitted groundwater samples to Xenco, for BTEX and MTBE laboratory analysis according to USEPA Method 8260B. The analytical laboratory data are summarized in Table 2 and the groundwater analytical laboratory report was provided in the May 20,2009,ASIP,submitted by GES. On March 30,2009, GES oversaw Earth Solutions, Inc. (ESI), of St. Charles,Illinois, advance three soil borings/monitoring wells (DB-7/DW-6 through DB-9/DW-8) around the UST system. The additional soil analytical laboratory data was obtained due to the February 19, 2009, Illinois Environmental Protection Agency (IEPA) correspondence that indicated early action requirements pursuant to 35 LAC §734.210(h) had not been fulfilled. Soil samples were collected according to 35 LAC 734.315(a)(1)(c) and submitted to Xenco for BTEX and MTBE analysis according to USEPA Method 5035/8260B. In accordance with 35 1A 734.210(h)(2), samples were not collected closer to the active UST system or on the other side of the piping runs. These locations were deemed impractical due to underground utilities, pea gravel backfill, and appurtenances of the UST system. Additionally, a soil sample was not collected from DB-9/DW-8 due to shallow lithology composition and groundwater. The soil analytical laboratory data are illustrated on Figure 4 and summarized in Table 1. The soil analytical laboratory report was provided in the May 20,2009,ASIP, submitted by GES. On May 6, 2009, Ziron sampled five monitoring wells (DW-I and DW-5 through DW-8). Ziron submitted groundwater samples to Xenco for BTEX and MTBE laboratory analysis according to USEPA Method 8260B. The analytical laboratory data are summarized in Table 2 and the groundwater analytical laboratory report was provided in the May 20, 2009, ASIP, submitted by GES. On November 30, 2009, GES oversaw ESI advance four soil borings/monitoring wells (DW-10/DW-9 through DB-13/DW-12) onsite and offsite. The additional soil analytical data was obtained due to the July 30, 2009, IEPA, ASIP approval correspondence. Soil samples were collected according to 35 LAC 734.315(a)(1)(c) and submitted to Xenco for BTEX and MTBE analysis according to USEPA Method 5035/826013. The soil analytical laboratory data are illustrated on Figure 4 and summarized in Table 1. The soil analytical laboratory report is provided in Appendix B and the soil boring logs/monitoring well construction diagrams are provided in Appendix C. On January 4, 2010, Ziron sampled nine monitoring wells (DW-1 and DW-5 through DW-12). Ziron submitted groundwater samples to Xenco for BTEX and MTBE laboratory analysis according to USEPA Method 8260B. The analytical laboratory data are illustrated on Figure 5 and summarized in Table 2. The groundwater analytical laboratory report is provided as Appendix D. 2 2. Site description: a) Area surrounding the site; The Subject Property is located in a mixed land-use setting on the southwest corner of West Stagecoach Trail (Illinois Route 71) and Bridge Street(Illinois Route 47). Specific adjacent land uses observed during site activities are as follows: North: The Subject Property is bounded by Stagecoach Trail (Illinois Route 71), followed by commercial properties, East: The Subject Property is bounded by Illinois Route 47, followed by commercial properties, and South: The Subject Property is bounded by commercial properties, Wert: The Subject Property is bounded by undeveloped land. The topography of the Subject Property is relatively flat with the ground surface elevation being approximately 750-feet above mean sea level. b) Local geology, hydrogeology, and hydrology; Field observations made during subsurface investigation activities indicate the geology at the Subject Property consists predominately of brown and gray clay. Specifically, boring logs indicate the Subject Property is covered by a 4-inch asphalt surface,which is underlain by 611 material to approximately 1-foot below ground surface (bgs). The fill is further underlain predominately by clay to 15-feet bgs. Copies of the soil boring logs/monitoring well construction diagrams were provided in the July 30, 2008, 45-Day Report, submitted by GES. Soil boring logs from the March 30,2009, investigation were provided in the May 20, 2009, ASIP, submitted by GES. Soil boring logs/monitoring well construction diagrams from the November 30,2009,investigation are provided in Appendix C. In addition to direct field observations of the geology at the Subject Property, GES reviewed the map entitled Potential for Contamination of Shallow Aquifers by Land Burial of Municipal Wastes (Circular 532, Plate 2), by Richard C. Berg, et. al. This map describes and maps geologic materials to a depth of 50-feet throughout the state. In the map, various geologic materials are differentiated by thickness,texture,permeability, and stratigraphic position in order to rate their relative contamination potential for aquifers in any area of the state. According to the Berg map, the Subject Property is positioned in the "132'" geologic zone, consisting of uniform and relatively impermeable silty or clayey till or other fine-grained materials extending from the surface to more than 20-feet deep, with no interbedded sand and gravel. This material has a low potential to transport impacts from near surface contamination to underlying aquifer systems. c) Local geography and topography; According to the United States Geological Survey 7.5-Minute Series Topographic Map of the Plattville, Illinois Quadrangle (1993), the Subject Property is located in the southeast quarter of Section 5,Township 36 North, Range 7 East of the Third Principal Meridian in Yorkville, Kendall County, Illinois (Figure 1). A Local Area Map is presented as Figure 2 and a Site Map with existing site features is presented as Figure 3. d) Existing and potential migration pathways and exposure routes and; On November 23, 2009, GES was onsite to document current utilities and review proposed boring locations prior to the November 30, 2009, investigation activities. During this site visit, it was determined from public and private utility mark-outs that 3 multiple underground utilities exist onsite. The utilities consist of underground electric, storm sewer, sanitary sewer, water, and communication lines. e) Current and projected post-remediation land use; Currently, the Subject Property is utilized for the sale of retail grade gasoline and diesel. The site features include two 10,000-gallon diesel fiberglass USTs, five 10,000-gallon gasoline fiberglass USTs, thirteen dispenser islands, and a single story station building. Currently, post-remedial land use is unknown. The Well Location Map, Local Area Map, and Site Map showing utility locations and current site features are provided as Figure 1, Figure 2, and Figure 3, respectively. 3. Site investigation results: Findin s—Soil Delineation The analytical laboratory data were compared to the Tier 1 soil remediation objectives (SROs) for residential properties located in 35 1A Part 742, Appendix B - Table A. It has been determined from the analytical laboratory data that the concentrations BTEX and MTBE are below the Tier 1 SROs. The soil analytical laboratory data is illustrated on Figure 4 and summarized in Table 1. The June 12, 2008, soil analytical laboratory report was provided in the July 30, 2008, 45-Day Report, submitted by GES. The March 30, 2009, soil analytical laboratory reports were provided in the May 20, 2009,ASIP, submitted by GES. A copy of the November 30,2009, soil analytical laboratory report is provided in Appendix B. Findin s--Groundwater Delineation and Class Determination The analytical laboratory data were compared to the groundwater remediation objectives (GROs) for Class 11 groundwater located in 35 IAC Part 734, Appendix B —Table E. It has been determined from the analytical laboratory data that the concentrations of MTBE at monitoring wells DW-1, DW-5, and DW-8 are above the GROs for Class Il groundwater. The January 4, 2010, groundwater analytical laboratory data are illustrated on Figure 5 and summarized in Table 2. The groundwater analytical laboratory report from the January 4, 2010, monitoring event is provided in Appendix D. Additionally, the groundwater beneath the Subject Property has been classified as Class II groundwater. The groundwater classification is based upon the following factors: • Average static groundwater levels are less than 10-feet bgs. Static groundwater elevations are illustrated on Figure 5 and summarized on Table 2. • The source of the release is not located within a minimum or maximum setback zone of a potable water supply or within a regulated recharge area. The IEPA Source Water Assessment Program (SWAP) database information was provided in the July 30, 2008, 45-Day Report, submitted by GES. • Site geology does not consist of unconsolidated sand, gravel or sand and gravel which is 5-feet or more in thickness and contains twelve percent or less of fines. The soil boring logs/monitoring well construction diagrams from the March 30, 2009, investigation were provided in the May 20, 2009,ASIP, submitted by GES. Soil boring logs/monitoring well construction diagrams from the November 30,2009, investigation are provided in Appendix C. • Site geology does not consist of sandstone or fractured carbonate that is 10-feet or more in thickness. 4 • On October 13, 2008, Ziron performed slug test on monitoring wells DW-3. The data collected during the slug test was evaluated using the Bouwer and Rice Method and the hydraulic conductivity is 8.863 x 10.6 centimeters per second (cm./sec). The hydraulic conductivity corresponds to a groundwater yield, from up to a 12-inch borehole, of 8.98-gal/day from a thickness of 15-feet or less. The borehole yield calculations were provided in the May 20,2009,ASIP, submitted by GES. Additionally, the site area has not been designated as Class III (Special Resource Groundwater), by the Illinois Pollution Control Board, and does not meet the requirements for Class IV groundwater designation. Therefore, it has been determined by the site-specific and regional geological and hydrogeological information, the Subject Property meets the criteria of Class II groundwater according to the requirements of 35 IAC §620.220. a) Map(s) showing locations of all borings and groundwater monitoring wells completed as part of site investigation and the groundwater flow direction. Please refer to Figure 3,Figure 4, and Figure 5. b) Map(s) showing the horizontal extent of soil and groundwater contamination exceeding the most stringent Tier 1 SROs and GROS. Please refer to Figure 4 and Figure 5. c) Map cross-section(s) showing the horizontal and vertical extents of soil and ground water contamination exceeding the most stringent Tier 1 SROs and GROS. Please refer to Figure 6 and Figure 7. d) Soil boring logs and monitoring well construction diagrams of all borings drilled and groundwater monitoring wells installed as part of the site investigation. The soil boring logs/monitoring well construction diagrams from the March 30, 2009, investigation were provided in the May 20, 2009, ASIP, submitted by GES. Soil boring logs/monitoring well construction diagrams from the November 30, 2009, investigation are provided in Appendix C. e) Analytical results,chain of custody forms, and laboratory certifications. The soil and groundwater analytical laboratory reports were provided in the July 30, 2008, 45-Day Report, the December 22, 2008, Site Investigation Plan (SIP), and the May 20, 2009, ASIP. The November 20, 2009, soil analytical laboratory report is provided in Appendix B and the January 4, 2010, groundwater analytical laboratory report is provided in Appendix D. f) Table comparing analytical results to the most stringent Tier 1 Remediation Objectives (include sample depth, date collected, and detection limits). Please refer to Table 1 and Table 2. g) Potable water supply well survey. a. Locations of community water supply wells and other potable wells and the setback zone for each well; It has been determined that the source of the release is not located within a well set back zone. Additionally, the potable water supply information was provided in the July 30, 2008, 45-Day Report, submitted by GES. The office identified potable wells are illustrated on Figure 1 and Figure 2. 5 b. Location and extent of regulated recharge areas and wellhead protection areas; Potable water supply information was provided in the July 30, 2008, 45-Day Report submitted by GES. C. Extent of groundwater contamination exceeding the most stringent Tier I remediation objectives; Please refer to Figure 5. d. Modeled extent of groundwater contamination exceeding the most stringent Tier l remediation objectives(If performed as part of the site investigation); Not applicable. e. Table(s) listing the setback zones for each community water supply well and other potable water supply wells; Potable water supply information was provided in the July 30,2008, 45 Day Report submitted by GES. f. A Narrative identifying each entity contacted to identify potable water supply wells, the name and title of each person contacted, and any field observations associated with any wells identified; and Potable water supply information was provided in the July 30,2008,45 Day Report submitted by GES. g. A certification from a Licensed Professional Engineer of Licensed Professional Geologist that the survey was conducted in accordance with the requirements and that documentation submitted includes information obtained as a result of the survey; Please refer to page 9 of this report. 4. Conclusion that includes an assessment of the sufficiency of the data; In order to address the onsite BTEX and MTBE concentrations exceeding the most restrictive Tier I SROs and GROs, GES has conducted an exposure pathway evaluation of the release pursuant to 35 IAC Part 742. The individual exposure pathways are the following: Soil Ingestion Exposure Pathway: Subpart G(Tier 1 Soil Evaluation) Soil Inhalation Exposure Pathway: Subpart G (Tier 1 Soil Evaluation) Soil Component of the Groundwater Ingestion Exposure Pathway: Subpart G(Tier 1 Soil Evaluation) Groundwater Component of the Groundwater Ingestion Exposure Pathway: Subpart H(Tier 1 Groundwater Evaluation) In accordance with 35 IAC §742.500, a Tier 1 evaluation was performed by comparing concentrations of constituents-of-concern (COC) detected in the soil and groundwater to remediation objectives provided in 35 IAC Part 742, Appendix B — Table A and Table E. For each COC, the controlling Tier 1 Cleanup Objective for soil and groundwater corresponds to the lowest remediation objective value for the pathway under consideration. For the purposes of this Tier 1 evaluation, concentrations representative of the source area correspond to the maximum residual concentration of each COC detected in impacted media. The results of the Tier 1 evaluation are as follows: 6 In Testion E.a osure Route Soil analytical data were compared to Tier 1 residential, commercial, and construction worker SROs for the soil ingestion exposure pathway. This comparison indicated that concentrations of BTEX and MTBE are below the Tier 1 SROs. As a result, further evaluation of this pathway is not warranted. Residential Commercial Construction Maximum Worker Worker Sample Ingestion Constituent of Soil Baring Depth Detected Cleanup ngestion Ingestion Concern Location p Concentration! p ! Cleanup Cleanup (feet) Objectives (ppm} (Ppm} Objectives Objectives m m; benzene DB-I/DW-I_l 0.019 12 100 2,300 toluene DB-5/DW-5 1 2.5 0.0087--]L 16,000 IL41 0,000 4IO,OQfl ethylbenzene J1 D13-6 2.5 <0.0022 7,8Q0 200,000 20,000 total xylenes DB-IIDW-1 1 0.0036 160,000 410,000 410,000 MTBE DB-1lDW-1 F-4--1 0.084 '7RL.J1 20,000 2,000 MOTES: ppm=parts per million=mg�Kg=milligrams per kilogram Inhalation Exposure Route Soil analytical data were compared to Tier 1 residential, commercial, and construction worker SROs for the soil inhalation exposure pathway. This comparison indicated that concentrations of BTEX and MTBE are below the Tier 1 SROs. As a result, further evaluation of this pathway is not warranted. M Ell Construction Maximum Worker Sample Constituent of Soil Boring Depth Detected Cleanup Inhalation Concern Location (feet} I Concentration Cleanup (ppm) Objectives i J -- m benzene DB-11DW-1 4 J1 0.019 0.8 1.6 2.2 toluene -5 2.5 0.0087 650 650 42 ethylbenzene DB-6 2.5 <0.0022 400 400 5$ total xylenes J DB-1iDW-1 11 4 0.0036 320 320 5.6 MTBE J1 DB-1IDW-I J�J 0.084 8,800 8,800 140 NOTES: ppm=parts pLr million=mgiKg=milligrams per kilogram Soil Component of the Groundwater Ingestion Exposure Route Soil analytical data were compared to Tier 1 SROs for the Soil Component of the Groundwater Ingestion Exposure Route (SCGIER). This comparison indicates that the concentrations of BTEX and MTBE are below the Tier 1 SROs. As a result, further evaluation of this pathway is not warranted. 7 Constituent of Soll Boring Sample Depth Maximum Detected SCGIER Cleanup Concern Location (ft) Concentration Objectives for Class II m Groundwater m benzene DB-1/DW-1 4 0.019 0.17 toluene DB-5iDW-5 2.5 0.0087 29 ethylbenzene DB-6 2.5 <0.0022 I9 total xylenes DB-l/DW-1 4 0.0036 150 MTBE DB-1/L)W; 4 L 0.084 0.32 N�i ppm=parts per million�ing1Kg=milligrams per kilogram Groundwater Ingestion Exposure Route Groundwater analytical data were compared to GROs for Class II groundwater. This comparison indicated that current concentrations of MTBE at monitoring wells DW-1, DW-5, and DW-8 are above the GROs. As a result, further evaluation of this pathway is warranted. Monitoring Constituent of Well Most Recent/Maximum GIER Cleanup Objectives for Concern Location Detected Concentration(pg/L) Class L'I Groundwater(pg1L) benzene DW-5 <1 25 toluene DW-5 <1 2,500 ethylbenzene DW-5 <1 1,000 total xylenes DW-5 <1 10,000 MTBE DW-5 565.8 70 Notes: µg/L=micrograms per liter Bold=values above the 35 1AC Part 742 Tier I SROs GIER Pathway Exclusion The GIER Pathway will be evaluated in the Corrective Action Plain (CAP). 5. Site Map(s) meeting the requirements of 35 Ili.Adm. Code 734.440. Please refer to Figure 1 through Figure 7. 6. Budget forms of actual costs (documenting actual work performed during the previous stage). The Site Investigation Summary Form is included in Appendix E. 8 D. SIGNATURES AND CERTIFICATION All plans, budgets, and reports must be signed by the owner or operator and list the owner's or operator's full name, address, and telephone number. UST Owner or Operator Consultant Name: Shell Oil Products US Name: Melissa Powell Contact: John Robbins,Project Manager p y'an Com Groundwater&Environmental Services, Inc. Address: 603 Diehl Road, Suite 103 Address: 1050 Corporate Boulevard, Suite C City: Naperville City: Aurora State: Illinois State: Illinois Zip Code: 60563 Zip Code: 60505 Signature: Signature: Date: Date: 25 fix) Phone: (6 2764206 Phone: (866)455-2419 I certify under penalty of law that all activities that are subject of this report were conducted under my supervision or were conducted under the supervision of another Licensed Professional Engineer or Licensed Professional Geologist and reviewed by me; that, this report and all attachments were prepared under my supervision; that, to the best of my knowledge and belief, the work described in this report has been completed in accordance with the Environmental Protection Act 1415 ILCS 5). 35 Ill. Adm. Code 734, and generally accepted standards and practices of my profession; and that the information presented is accurate and complete. I am aware there are significant penalties for submitting false statements or representations to the Illinois EPA, including but not limited to fines, imprisonment, or both as provided in Sections 44 and 57.17 of the Environmental Protection Act (415 ILCS 5144 and 57.17]. Licensed Professional Engineer or Geologist L.P.E. or L. P.G. Seal Name: David G.Tully, P.E. Company: Groundwater& Environmental Services, Inc. Address 1050 Corporate Boulevard, Suite C City Aurora State Illinois Zip: 60505 Phone: (866)455-2419 Ill. Registration No.: 062-053775 License Expiratio D te: 11/30/11 Signature: Date: .�f`2 3/-f C, 9 FIGURES fit; f •� I' ! ,'�vl�� .Fyc` i�' �• - ` {{'� •r JIM i I-� �fib? p • - l`l I �� ;r 11 t tfY' ,_i_.P-. t 111 ..ems �1,•�Y14.�..J� '�~ d I N I �� 7+ �� w Ij yI I L i •� r Y •• ,•S ` SITE W W ;�"�4•',.'� `� LQQ1J1;.r"�."§FJ.i.`{E �+ � ��.�( ..- W3 •r� l'� • ' � .� i� 4�f .. 5 I /yi + • —1 • , { I W}rr••' y - SS L }e` W � f �. + W j. 2500 RADIUS eF Yom. 7 . or a• • _ 1 1 it •� � L 7 I0 1 x SOURCE: USGS 7.5 MINUTE SERIES LEGEND: TOPOGRAPHIC QUADRANGLE 1993 PLATTVILLE, ILLINOIS ❑W WELL CONTOUR INTERVAL = 10' TOWNSHIP — 36N RANGE — 7E SECTION — 5 DRAFFED BY: M.L.T. WELL LOCATION MAP (N.J.) CHECKED BY: SHELL OIL PRODUCTS US SHELL SERVICE STATION SAP#118824 ILLINOIS REVIEWED BY: 2001 BRIDGE STREET YORKVILLE, ILLINOIS NORTH Groundwater&Environmental Services,Inc. (D 1050 CORPORATE BOULEVARD, SUITE C, AURORA, IL 60505 SCALE IN FEET DATE FIGURE QUADRANGLE LOCATION 0 2000 12-9-08 1 � ft II 47" SITE . WI. 7J0 F`J7•Rt•CIL'� / � 3 A� 'r t If 4430 T D+US N IACAL AREA MAP ( .J.) I CHECKED BY: SHELL OIL PRODUCTS US d n o SHELL SERVICE STATION SAP# 116824 8 t RDWOEo eY: 2001 BRIDGE STREET YORKVILLE, ILLINOIS NORTH Groundwater&Environmental Services,Inc. ' 1050 CORPORATE BOULEVARD, SUITE C,AURORA, IL 60505 SCALE IN FEET(APPROXIMATE) PATE FIGURE � 3-2-10 2 0 250 �,\Io WALGREENS LEGEND —--— PROPERTY BOUNDARY ROUTE 71) _® UTILITY MANHOLE TRAIL (ILLINOIS UNDERGROUND STORAGE TANK WEST STAGECOACH ' —PRODUCT PIPING LINE \ _ UE ��� VAPOR RECOVERY LINE DITCH ��OE�-� Drtcx uE-- \' -\qlE MONITORING WELL /OrrcN �1 OBSERVATION WELL \ ) q1E\— 1 DB-13/ DB-12/1 DW-12 _ c�~0— SOIL BORING WE \ c d —�-- _ UNDERGROUND SANITARY SEWER LINE UNDERGROUND STORM SEWER LINE 1 SIGN �yr \ \ `a —T UNDERGROUND TELEPHONE LINE T~~ ~~1 DB-5 \ Ems\ \r 4 �\ \ —DE-- UNDERGROUND ELECTRIC LINE 2 —w — UNDERGROUND WATER LINE 1 1T DEfEN110N tj �/ r r\\ \\ —c—— UNDERGROUND GAS LINE POND OVERHEAD ELECTRIC DB-1 a%l/�M,.1(�`./� ok r � DW-g F !'r a 0 /DB-4� \ 0 DW-6/& �DW-Y� \/ SERVICE STATION IZZ> H qDW-2/ /3,/ \Uf / B \ g3 \ \\ / DUMPSTER �\\ '+D B-6� ti/ ENCLOSURE I �\ \ _ ' DRE.M Eer. SITE MAP a CHECKED BY: SHELL OIL PRODUCTS US SHELL SERVICE STATION SAP# 116824 REmFWFD W 2001 BRIDGE STREET YORKVILLE, ILLINOIS u NORTH Groundwater&Environmental Services,Inc. f 1050 CORPORATE BOULEVARD, SUITE C,AURORA, IL 60505 ffLOIL COMPANY SCALE IN FEET DATE FIGURE HOUSTON TX MAR 18 1994 0 APPROXIMATE 60 3-8-10 3 11-30-09 4' 11-30-091 DB-1 DW-1 B <O.00i 4 11-30-09 r '0.001 B <0 0005 4' LEGEND E '0.001 WALGREENS T mJ 0009 B '0.0008 X '0.001 E <0.000�T i '0.0018 ---- PROPERTY BOUNDARY MTBE'0.0059 x <U.r�[10-9 E '0.0008 MTBE<R.O„s7 x '0.0008 Q UTILITY MANHOLE ILLINOIS ROUTE 71) MTBE <D.1o4, TRAIL ( 1 __T UNDERGROUND STORAGE TANK STAG OACH -PRODUCT PIPING LINE WEST DnCN 6 12 2008 -VAPOR RECOVERY LINE B 2.5' S MONITORING WELL l C"C" T 0.00317 OBSERVATION WELL DITCH J pW_Z/ E <0.0019 SOIL BORING DW-11 MTBE <D.0o1s DB-4 SAMPLE IDENTIFICATION _ 6/12/2008 SAMPLE DATE -11 2.5' SAMPLE DEPTH (feet) 0" 2 8 B '0.0018 BENZENE CONCENTRATION (mg/kg) SIGN \ U1 0.0051 TOLUENE CONCENTRATION DB-5/ r� <_t�;r E '0.0018 ETHYLBENZENE CONCENTRATION (mg/kg) DW_5 O ,'z,' x '0.0184 XYLENES CONCENTRATION (mg/kg) 11-30-09 >. ``-� M1BE'0.0018 MTBE CONCENTRATION (mg/kg) \t DETENTION l e 2D.DP�B 1 POND 1 ^ T J-�f3 mg/kg MILLIGRAMS PER KILOGRAM <p.1MR ti 1� �/O � \ \ MTBE METHYL tart-BUM ETHER x 10.0008 r? _/ °�/ �. <# WHERE AN ANALYTE IS NOT DETECTED, Mr+9E[0.0043 "^ ;,° DDB-6 /v�� O \ t.-+. A METHOD DETECTION LIMIT IS GIVEN 1 DDW_9 / J°-�� O F \ r ® SOIL SAMPLES WERE COLLECTED BELOW 6 12 2008 _ �Qppp� lMJ � STATIC GROUNDWATER LEVEL VJii ` "'fir O \ B 0.019 ,(M� T OA031 ii'a oiiQ'w�' / DW 4 "' \. O X C.0036 E '0.002 i� iiQ i O MTBE 0.084 DB-7/ ' \� D 8 \ DW-6 A° \ 3 3o Zoos �/ SERVICE B <D.0009 1 STATION r 0.111 p �j E <O.aOO9 / x <D.oaaD a m 3 30 2009 3 30 2009 / 2' 4' \ O Q \ B .009 6 ' T ''0.001009 T 0.0 00.0011 12 \ O B-3/ E <O.DOO9 E <0.% �1N_3 NOTE: MTBE<0.0044 MTBE<0.0056 \ / DuMPSrER � DUE TO SHALLOW LITHOLOGY AND GROUNDWATER A \ ENCLOSURE SOIL SAMPLE COULD NOT BE COLLECTED AT THE '6 DB-6` LOCATION OF DB-9/DW-8. 6/32/2006 2 2008 \ i AKE)BY: ' DRE.M.E. SOIL ANALYTICAL DATA MAP B '0 2<0 002 \ (N.J.) . T 0.0047 ' CHECKED BY; SHELL OIL PRODUCTS US Sf9 E 1<0.012 DB-6 DB-4 DW-4 x 0.0021 6/12/2008 8 - W-3 6/12/2008 SHELL SERVICE STATION SAP# 118824 ' TBEI <0.002 2 5' 6/12/2008 2.5' R"EWE aY 2001 BRIDGE STREET s B <o.0022 < 0 2.5' B <O.001a YOREVILLE, ILLINOIS T 0.0068 T . 2 B '0.0018 T 0.0057 E <0.0022 .0 3 T o.o04s E <11101 a Groundwater&Environmental Services,Inc. f x 0.0028 < 0 E <0.0018 x '0.0184 NORTH 1050 CORPORATE BOULEVARD, SUITE C,AURORA, IL 60505 MTBE'0.0022 T 2 x <O.00tB MTeE '0.0019 SCALE IN FEET DATE FIGURE SHS ELL OIL COMPANY !ATBE <0.0018 HOUSO TX MAR 18 1994 0 APPROXIMATE 60 3-8-10 4 DW-11 G.® 1-4-10 9402 LEGEND WALGREENS B <t DW-12 <1 T-4-10 E <1 95.72 —--— PROPERTY BOUNDARY x <1 e <1 Q UTILITY MANHOLE ROUTE 71) MBE <5 <1 TRAIL (ILLINOIS E UNDERGROUND STORAGE TANK STAGECOACH x <' WEST o N MTBE <5 PRODUCT PIPING LINE �+ a ° DrrcN l VAPOR RECOVERY LINE ITCH No / B MONITORING WELL OBSERVATION WELL C DITCH I DW-12 DW-5 WELL IDENTIFICATION \ d 1-4-10 SAMPLED DATE 1 4-10 — — � DW-g 94.48 GROUNDWATER ELEVATION (feet) OW-11 1-4-10 / 93.24 txj 94 48 B <1 BENZENE CONCENTRATION (ug L) B <1 T <t TOLUENE CONCENTRATION (ug/L) T <1 OW-10 IN e < E <1 ETHYLBENZENE CONCENTRATION (ug/L) E <I E~~ E <1 x <1 XYLENES CONCENTRATION (u /L) x <i �t Yc `� X <t MTBE 565.8 MTBE CONCENTRATION (ug/L� MTBE 34.4 t oLNnoN �oG DW_5 Q `p MTBE 565.8 ug/L MICROGRAMS PER LITER ' POND "iTF,p ^ MTBE METHYL teft-BUTYL ETHER 11 2 FOy, / r o,,E / � <�/ WHERE AN ANALYfE IS NOT DETECTED, A METHOD DETECTION LIMIT IS GIVEN 1-4-10 - �' DW-8 oN/v�� O O\ \ ��.,, DW-4 �--�� GROUNDWATER CONTOUR (feet) DASHED WHERE INFERRED P�� 0,.,._ \ 1-4-10 e <1 W-9 rr'L "2' 'C 585.8 BOLD VALUES INDICATE THE CONCENTRATIONS �pW- rr 4 l 95.73 E <t / \ �, NS ARE TNES TIER 1 GROUNDWATER REMEDIATION X <1 \ � rrr rJ�r O OM O rr rir NG NOT GAUGED MTBE 31.2 rr rr rr,,��,, DW-4 it rirQr`r� / LIZ NS NOT SAMPLED T W-I 1-4-10 DW-6 ' DW-7� It w 94.67 \ M RVICE 0 T <� ` STATION MO x <1 / MTBE 134.6 DW-6 y .� 1-4-10 OW-21 95.08 \ M \ T O <1 DW-8 \ � O / > E <1 1-4-10 NG NG \� / /DW-3 NOTE: X <1 MTBE 44.19 NS \ / / DUMPSTER MONITORING WELL DW-6 WAS NOT USED TO ENCLOSURE ' DETERMINE GROUNDWATER FLOW DIRECTION. DW-2 2 \ -4-10 ® _ DRAFED 11 E.M GROUNDWATER ANALYTICAL MAP . 94.63 DW-7 \ ' (N.JE..) JANUARY 4, 2010 CHECKED BY: SHELL OIL PRODUCTS US SHELL SERVICE STATION SAP# 116824 <1 7_5E w 75 o. 2001 BRIDGE STREET o NNI YORKVILLE, ILLINOIS NORTH Groundwater&Environmental Services,Inc. 1050 CORPORATE BOULEVARD, SUITE C,AURORA, IL 60505. SOURCE SOIL COMPANY SCALE IN FEET DATE FlGURE MAR 18N1 94 � 3-8-10 .� D APPROXIMATE 60 _(Dr WALGREENS LEGEND ----— PROPERTY BOUNDARY ROUTE 71 OM UTILITY MANHOLE TRAIL (ILLINOIS <__ UNDERGROUND STORAGE TANK \ WEST STAGECOACH — c \ rV PRODUCT PIPING LINE \� °C—'_DITCK VAPOR RECOVERY LINE ve—�O _\mW. MONITORING WELL " \ wa C DITCH ) � � p1E � � DO-13 1p OBSERVATION WELL \ + x_12/ DW-12 SOIL BORING ORE \ DW-11 A /c UNDERGROUND SANITARY SEWER LINE c \ \ '� —s—- UNDERGROUND STORM SEWER LINE SIGN �r r \`f —T UNDERGROUND TELEPHONE LINE DB-5� `4 r \r w '�\ \ —UE—— UNDERGROUND ELECTRIC LINE \t t DW- / \ r\\ ®' \+ ` —W — UNDERGROUND WATER LINE T \i DETENTION tt �/ r r\\ —0-- UNDERGROUND GAS LINE OKE — OVERHEAD ELECTRIC rj of / u V DD-9 V DW-6 DB \ DW-9 /D -4// Q \\\\ \1\\ O \ 'er DB-7/,& DW-6 / t SERVICE t \� STATION \ W-Y 4,, OUMPSTER \ \\ \*D i/ ENCLOSURE ' �\ r v ® DRAFTED BY: EA CROSS—SECTION LOCATION MAP CHECKED BY: SHELL OIL PRODUCTS US SHELL SERVICE STATION SAP# 116824 REVIEWED B. 2001 BRIDGE STREET YORKVILLE, ILLINOIS e' NORTH Groundwater&Environmental Services,Inc. g 1050 CORPORATE BOULEVARD, SUITE C,AURORA, IL 60505 SHELL OL COMPANY SCALE IN FEET DATE FlGURE HOUSTON % MAR 18 1994 6 0 APPROXIMATE 60 3-8-10 M N 3 Q= 3 A N 00 M n LEGEND m ml m i /`1 p ° ° ° GRASS o p RISER .45f'FGNG � � SCREENED INTERVAL v0 —BORE HOLE 2 0 2 ------ INFERRED LITHOLOGIC INTERFACE ———— STATIC WATER LEVEL (JANUARY 4, 2010) 4 4 ® ASPHALT ® CLAY 6 6 SANDY CLAY CCAV °�0 GRAVEL lb w w �. TOPSOIL 8 g h $ W W O O i 3 10 10 12 12 14 14 oRE M E. CROSS—SECTION A—A' (N.J.) CHECKED EY: SHELL OIL PRODUCTS US _ - - - SHELL SERVICE STATION SAP# 116924 R" RD BY: 2001 BRIDGE STREET 16 _ - _ - - 16 YOREVILLE, MUNOIS u Groundwater&Environmental Services,Inc. f 0 40 80 120 160 200 240 280 320 1050 CORPORATE BOULEVARD, SUITE C,AURORA, IL 60505 HORIZONTAL DISTANCE (feet) SCALE IN FEET DATE FIGURE HORIZONTAL 1" = 40' 3-5-10 7 VERTICAL 1"= 2' rahle 1 SOIL ANALYTICAL DATA-BTEXIMTBE Shell Service Station#116824 2001 Bridge Street Yorkville, Illinois Tier 1 Soil Remediation Objectives For Benzene Toluene Etbylbenzene Xylenes MTBE Residential Pro ertles (mvko (mg1g) (mgl]tg) (inglitg) (mg/kg) Ingestion-residential 12 16,000 7,800 16,000 780 Ingestion-construction worker 2,300 410,000 20,000 41,000 2,000 Inhalation-residential 0.8 650 400 320 8.800 Inhalation-construction worker 2.2 42 58 5.6 140 Soil Component or Groundwater(Class lI 0.17 29 19 150 0.32 Sol]Sample Location Date Depth (rev _ DB-1/DW-1 06/12/2008 4 0.019 0.0031 <0.002 0.0036 0.084 DB-2/DW-2 06%12!2008 2.5 <0.002 0.0047 <0.002 0.0021 <0.002 DB-3/DW-3 06/12/2008 2.5 <0.0018 0.0045 <0.0018 <0.0018 <0.0018 DB-4/DW-4 06112/2008 2.5 <0.0018 0.0051 <0.0018 <0.00184 <0.0018 DB-5/DW-5 06/12/2008 2.5 <0.0019 0.0087 <0.0019 <0.00193 <0.0019 D13-6 06/12/2008 2.5 <0.0022 0.0068 <0.0022 0.0028 <0.0022 _ arm - DB-7/DW-6 03/30/2009 1 2 1 <0.0009 1 0.001 -<OA049 <0.0009 00.0045 DB-8/DW-7 03/30/2009 2 <0.0009 <0.0009 <0.0009 <0.0009 <0.0044 DB-8/DW-7 03/30/2009 4 <0.0011 0.0012 <0.001I <0.0011 <0.0056 D13-10/DW-9 11/30/2009 2 <0.0009 <0,0009 <0.0009 <0.0009 <0.0043 DB-IIIDW-10 11/30/2009 4 <0.001 <0.001 <0.001 <0.001 <0.0049 DB-121DW-11 11/3012009 4 <0.0009 <0.0009 <0.0009 <0.0009 <0.0047 DB-13/DW-12 11/30/2009 4 <0.0008 <0.0008 <0.0008 <0.0008 <0.0041 NOTES: 1. mg/kg-milligrams per kilogram or pans per million(ppm) 2. ur= Not detected above anal}iical method detection limit 3. Sbaded cells indicate soil samples were collected below static groundwater level Table 1 GROUNDWATER ANALYTICAL DATA-BTEXIMTBE Shell Service Station#116824 2001 Bridge Street Yorkville,Illinois Tier 1 Groundwater Remediation Objectives for the Groundwater Ingestion Benzene Toluene Ethylbenzene Xylenes'MTB Exposure Route _ _ (u_9Q (u$/L) (uPW (USIL) (uP/L) Groundwater Remediation. jective Class 11 25 2,500 1,000 10,000 70 Referenced Depth to Groundwater - Sample Loeatlon _Sample Date_ Elevation Groundwater Elevation _ DW-1 06/23/2008 96.88 5.36 91.52 <1 <l <l <1 160 1013/2008 96.88 5.16 91.72 <1 <1 <1 <1 163.7 02/06/2009 96.88 3.50 93.38 1.269 <) <1 <1 60.61 05/06/2009 96.88 0.00 96.88 1.12 <1 <I <1 93.2 01/04/2010 96.88 2.21 94.67 <I <1 <I <1 134.6 DW-2 06/232008 99.01 5.05 93.96 <1 <I <I <I <1 14/13/2008 99.01 6.42 92.59 <I <I <I <1 <5 02/06/2009 99,01 5.61 93.40 <1 <I <1 <1 <5 45/06/2009 99.01 5.21 93.80 NS NS NS NS <5 0110412010 99.01 4.38 94.63 NS NS NS NS NS DW-3 06/23/2008 99.40 5.54 93.86 <1 <l <1 <1 <1 10/13/2008 99.40 6.09 93.31 <1 <1 <1 <1 <5 02/4612009 99.40 5.96 93.44 <I <1 <I <1 <5 05/06/2009 99.40 4.3 95.10 NS NS NS NS <5 01!0412010 99.40 3.64 95.76 NS NS NS NS NS DW-4 06/23/2008 99.17 4.84 94.33 <I <I <l <1 3.9 10113/2008 99.17 4.77 94.4 <1 <1 <1 <1 <5 02/06/2009 99.17 5.51 93.66 <1 <I <1 <1 <5 05/06/2009 99.17 2.79 96.38 NS NS NS NS <5 01/04/2010 99.17 3.44 95.73 NS NS NS NS NS DW-5 06/23/2008 99.23 5.87 93.36 <1 <1 <I <1 610 10/13,'2408 99.23 6.63 92.60 <1 <1 <I <1 358.8 02/06/2009 99.23 6.13 93.10 <1 <I <l <I 115.9 45/06/2009 99.23 5.99 93.24 <1 <1 <1 <1 349.3 01/04/2009 99.23 4.75 94.48 <1 <1 <I <1 565.8 DW-6 05/06/2009 98.13 3.41 95.12 <1 <1 <1 <) 59.8 01/04/2009 98.13 3.45 95.08 <1 <1 <1 <1 44.19 DW-7 05/0612009 99.5 5.31 94.19 <1 <1 <1 <1 10.98 01/04/2010 99.5 4.84 94.66 <1 <1 <1 <1 <5 DW-8 05/06/2009 98.38 2.98 95.40 3.33 <1 <1 <1 90.73 01/04/2014 98.38 NG ND Frozen DW-9 01/04/2010 96.88 2.35 94.53 <1 <1 <1 <1 31.2 DW-10 01/0412010 96.09 2.85 93.24 <1 <1 <] <1 34.4 DW-11 01/04/2010 97.49 3.47 94.02 <1 <1 <1 <1 <5 DW-12 01/0412010 101.11 5.39 95.72 71 <I <1 <1 <5 NOTE 1, ug/L micrograms per liter 2. ND=not detected 2. NS=not sampled 2 <te=Not detected above the method detection limit(h1DL)indicated 4. Bold values indicate concentrations above Title 35 1AC Part 742 Tier 1 Groundwater Remediation Objectives-Class 11 Groundwater Table.i GEOCHEMICAL AND GEOTECHNICAL DATA Shell Service Station#116824 2001 South Bridge Street Yorkville,Illinois i m T� e A o SOIL CHARACTEMATION ANALYSIS A x m Cd m a L i n o al O Soil Sample Location Date Depth(feet) m cml % ems DB-121DW-i1 11/30/09 7-8 NS NS 1.89 14.4 NS DB-12/DW-Il 11/30/09 4 15,080 NS NS N5 2.71 NOTES: I. ft=feet below ground surface 2. NS=not sampled 3. mg/kg=milligrams per kilogram 4. Wcm' grains per cubic centimeter Equilon Enterprises LLC dba Shell Oil Products US HSE/Environmental Services 603 Diehl Road, Suite 103 Naperville, Illinois 60563 Tel (630) 276 4206 Fax(713) 4230544 E-mail john.robbi nsQshell.com May 20,2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED I11r..)av Gaydosh Illinois Environmental Protection Agency Bureau of Land Leaking Underground Storage Tank Section - #24 Post Office Box 19276 1021 North Grand Avenue East Springfield, Illinois 62794-9276 Re: LPC#0930255043—Kendall County Yorkville/Shell Service Station #116824 2001 South Bridge Street LUST Incident#20081143 LUST Technical File Dear Mr. Gaydosh: Enclosed, please find the original and one copy of the Illinois Environmental Protection Agency (IEPA) Amended Site Investigation Plan (SIP) for the above-referenced incident. The Amended SIP was prepared in response to the February 19, 2009, IEPA SIP Rejection Letter. IEPA rejected the SIP citing early action reporting as defined in 35 Illinois Administrative Code (IAC) �M4.210(h) was not completed. On March 30,2009, additional onsite exploratory activities were completed around the underground storage tank (UST) system to fulfill early action reporting. 'llie summary- and data documenting this additional investigation are presented herein. Additionally, the 45-Day Report Forms have also provided for your review. 71le Stage 3 Proposed Budget and Budget Certification Form have been included for your review and approval. The Stage 1 and Stage 2 Actual Budget and Budget Certification Forms will be submitted under a separate cover letter to your attention. If you have any questions or need additional information, please contact me at (630) 276-4206. Sincerely, ohn Robbins Project Manager I-ISB/Environmental Services Shell Oil Products LIS Ce: Ms.Ylclissa M.11rnYC11,(�1"S,Inc. 1:11d Amended Site Investigation Plan&Budget r.7 .r 3 J WqA11 AMENDED SITE INVESTIGATION PLAN & BUDGET Shell Service Station #116824 2001 Bridge Street Yorkville, Kendall County, Illinois LUST Incident#20081143 LPC #0930255043 Prepared For: Mr.John Robbins Project Manager Shell Oil Products US 603 Diehl Road Suite 103 Naperville, IL 60563 Prepared By: Groundwater & Environmental Services, Inc. 1050 Corporate Boulevard, Suite C Aurora, IL 60505 w James M. Jacobsen Melissa M. Powell Staff Geologist Senior Project Manager May 20, 2009 TABLE OF CONTENTS Section Title Page A. SITE IDENTIFICATION.........................................................................1 B. SITE INFORMATION..............................................................................1 C. SITE INVESTIGATI ON...........................................................................1 D. SIGNATURES............................................................................................9 FIGURES Figure 1 Well Location Map Figure 2 Local Area Map Figure 3 Site Map Figure 4 Soil Analytical Data Map Figure 5 Groundwater Analytical Map—February 6, 2009 Figure 6 Proposed Soil Boring/Monitoring Well Location Map TABLES Table 1 Soil Analytical Data—BTEX/MTBE Table 2 Groundwater Analytical Data—BTEXIMTBE APPENDICES Appendix A Groundwater Laboratory Analytical Report Appendix B IEPA Correspondence—February 19, 2009 Appendix C Soil Laboratory Analytical Report Appendix D Soil Boring Logs/Monitoring Well Construction Diagrams Appendix E Hydraulic Conductivity and Borehole Yield Calculations Appendix F Site Investigation Summary Form/Certification Form Appendix G Stage 3 Proposed Budget Appendix H 45-Day Report Form i The Agcocw c authorized to,equ ;thrs mfamatron under Sectim 4 and Title XVl of the Emirmlmasal Pros—on All 1415 ILLS 5 4,t 57-57 17)Failure to ddclose this inforntalim mac result tam ci%d Ica,iIn of—L to.,r1 X5-1.a iI i W,fa the%iolalion grid On addatmal cad pwhy of not to mceed$100111 III)fm ach day during which the violation cottlmues 141;TICS S 42?Am�pa-mho knoningh nukes a false material sutemcat a representation in am label.manifest,record,r pool,puma,a liceruc,m other document filed.tntt r'%aj,,od.v ,,,I for 1W p,,p,4 compLan..,h Tide XVI commits a ('In%4 feline.And second a stdisoload offrnseafler concicrim hacvnder 4a C 1�,,t felony 4419 M'S t 57 171 Thu form has been mpprmed try the Forms ttanaca .--*t(' nr Illinois Environmental Protection Agency Leaking Underground,Storage Tank Program Site Investigation Plan A. Site Identification IEMA Incident#(6-8 digit): 20081143 IEPA LPC#(10 digit): 0430255043 Site Name: Shell Service Station#116824 Site Address(Not a PO Box): 2001 Bridge Street City: Yorkville County: Kendall Zip Code: 60560 B. Site Information 1. Will the owner/operator seek reimbursement from the Underground Storage Tank Fund? ®Yes ❑ No 2. If seeking reimbursement,is the budget attached? ®Yes ❑ No C.Site Investigation Provide the following: 1. Stage of investigation a. Stage 2 ❑ b. Stage 3 2. Summary of Stage 1 ® or 2❑ site investigation activities; 3. Characterization of site and surrounding area: a. Current and projected post-remediation uses; Shell Service Station #116824 is an active service station that is utilized for the sale of retail grade gasoline. Currently, the site features include two 10,000-gallon diesel underground storage tanks (USTs), five 10,000-gallon USTs, thirteen dispenser islands, and a single story station building. The Well Location Map, Local Area Map, and Site Map showing utility locations and current site features are provided as Figure 1, Figure 2, and Figure 3, respectively. The Subject Property is expected to remain a gasoline service station upon completion of the remedial activities. b. Physical setting: i. Environmental conditions; Groundwater & Environmental Services, Inc. (GES) was contracted by Shell Oil Products US (Shell) to provide oversight of an exploratory soil and groundwater investigation consisting of six soil borings and five monitoring wells (DB-1/DW-1 through DB-5/DW-5, and DB-6), at Shell Service Station#116824, located at 2001 Bridge Stieet,Yorkville,Kendall County, Illinois(Subject Property). On June 12, 2008, GES oversaw the advancement of six onsite soil borings and five groundwater monitoring wells (DB-I/DW-1 through DB-5/DW-5, and DB-6). The soil laboratory analytical data is illustrated on Figure 4 and summarized on Table 1. The soil laboratory analytical report and soil boring log/monitoring well 1 construction diagrams were provided in the July 30, 2008, 45-Dav Report, submitted by GES. On June 23, 2008, Ziron Environmental Services, Inc. (Ziron) of Chicago Heights, Illinois, sampled monitoring wells DW-1 through DW-5. Ziron submitted the groundwater samples to Southern Petroleum Laboratories, Inc. (SPL) in Houston, Texas, for benzene, toluene, ethylbenzene, and total xylenes (BTEX) and methyl- tertiary butyl ether (MTBE) laboratory analysis according to United States Environmental Protection Agency (USEPA) Method 8260B. The groundwater laboratory analytical data is summarized on Table 2. The groundwater laboratory analytical report was provided in the July 30, 2008, 45-Day Report, submitted by GES. In accordance with IAC §734.210(a), Ms. Melissa Powell of GES, an environmental consultant for Shell, contacted the Illinois Emergency Management Agency(IEMA)on July 29, 2008 and incident number 20081143 was assigned. On October 13, 2008, Ziron sampled monitoring wells DW-I through DW-5. Ziron submitted the groundwater samples to Xenco Laboratories, Inc. (Xenco) in Houston, Texas, for BTEX and MTBE laboratory analyses according to USEPA Method 8260B. The groundwater laboratory results are summarized on Table 2. The groundwater laboratory analytical report is provided in Appendix A. On February 6, 2009, Ziron sampled monitoring wells DW-1 through DW-5. Ziron submitted the groundwater samples to Xenco, for BTEX and MBTE laboratory analyses according to USEPA Method 8260B. The laboratory analytical results are illustrated on Figure 5 and summarized on Table 2. The groundwater laboratory analytical report is provided in Appendix A. On March 30, 2009, GES oversaw Earth Solutions, Inc. (Earth Solutions), of St.Charles, Illinois, advance three soil borings DB-7/DW-6 through DB-9/DW-8 around the UST system. The additional soil analytical data was obtained due to the February 19,2009, Illinois Environmental Protection Agency (IEPA), correspondence, which indicated early action requirements pursuant to 35 IAC §734.210(h) had not been fulfilled (Appendix B). Soil samples were collected according to 35 IAC §734.315(a)(1)(c) and submitted to Xenco, for BTEX and MTBE analysis. In accordance with 35 IAC §734.210(h)(2), samples were not collected closer to the active UST system or on the other side of the piping runs. These locations are impractical due to underground utilities, pea gravel backfill, and appurtenances of the UST system. Additionally, a soil sample was not collected from DB-91DW-8 due to shallow lithology composition and groundwater. The soil analytical data is illustrated on Figure 4 and summarized on Table 1, The soil laboratory analytical report is provided in Appendix C. The groundwater laboratory analytical results indicate that the concentrations of contaminants of concern (COC) are above the Tier I groundwater remediation objectives (GROs). The source of the release is unknown; however, it is believed to be from small, undocumented overfills of the underground storage tank (UST) system. "Early Action' requirements of 35 IAC §734.210 have been fulfilled. 2 ii. Geologic, hydrogeologic, and hydrologic conditions; and Based on information obtained during the soil investigation activities performed for this report, the native soils underlying the Subject Property consist of predominately brown and gray clay. Specifically, boring logs indicate the Subject Property is covered by a 4-inch asphalt surface, which is underlain by fill material to approximately l-foot below ground surface (bgs). The fill is further underlain by brown and gray clay to at least 15-feet bgs. Copies of the soil boring logs/monitoring well construction diagrams were provided in the July 30, 2008, 45-Day Report, submitted by GES. Soil boring logs from the March 30, 2009, investigation are provided in Appendix D. In addition to direct field observations of the geology at the Subject Property, GES reviewed the map entitled Potential,for Contamination of Shallow AquilLms by Land Burial ql' Municipal Wastes (Circular 532, Plate 2), by Richard C. Berg,cat. al. This map describes and maps geologic materials to a depth of 50-feet throughout the state. In the map, various geologic materials are differentiated by thickness, texture, permeability, and stratigraphic position in order to rate their relative contamination potential for aquifers in any area of the state. According to the Berg Map, the Subject Property is positioned in the "D2" geologic zone, consisting of uniform, relatively impermeable silty or clayey till or other fine-grained materials extending from the surface to more than 20-feet deep, with no interbedded sand and gravel. This material has a low potential to transport impacts from near surface contamination to underlying aquifer systems. Additionally, the groundwater beneath the site has been classified as Class II groundwater. The groundwater classification is based upon the following factors: • Average static groundwater levels are less than 10-feet bgs. Static groundwater elevations are illustrated on Figure 5 and summarized on Table 2. • The source of the release is not located within a minimum or maximum setback zone of a potable water supply or within a regulated recharge area. The IEPA Source Water Assessment Program (SWAP) well information was provided in the July 30,2008,45-Dnv Report,submitted by GES. • Site geology does not consist of unconsolidated sand, gravel or sand and gravel which is 5-feet or more in thickness and that contains twelve percent or less of fines. Soil boring logs/monitoring well construction diagrams were provided in the July 30, 2008, 45-Day Report, submitted by GES. Soil boring logs from the March 30, 2009, investigation are provided in Appendix D. • Site geology does not consist of sandstone or fractured carbonate that is 10-feet or more in thickness. • On October 13, 2008, Ziron performed a slug test on monitoring well DW-3. The data collected during the slug test was evaluated using the Bouwer and Rice (1976) Method, and the calculations were conducted utilizing AgtesolvR software developed by HydroSOLVE. The hydraulic conductivity for monitoring well DW-3 is 8.863 x 10'6 centimeters per second (cm/s); which, corresponds to a groundwater yield from up to a 12-inch borehole of 8.98 gallons per day (gal/day) from a thickness of 3 15-feet or less. Therefore, the hydraulic conductivity is not greater than 1 x 104 cm/s and the groundwater yield is not greater than 150-gal/day. Copies of the hydraulic conductivity and groundwater yield calculations are provided in Appendix E. Based upon the aforementioned site-specific and regional geological and hydrogeological information, the Subject Property tweets the criteria of Class II groundwater according to the requirements of 35 IAC §620.220. Additionally, the site area has not been designated as Class III (Special Resource Groundwater), by the Illinois Pollution Control Board, and does not meet the requirements of Class IV groundwater designation. iii. Geographic and topographic conditions; According to the United States Geological Survey 7.5-Minute Series Topographic Map of the Plattville, Illinois Quadrangle (1993), the Subject Property is located in the southeast quarter of Section 5, Township 36 North, Range 7 East of the Third Principal Meridian in Yorkville,Kendall County, Illinois(Figure 1). A Local Area Map is presented as Figure 2 and a Site Map with existing site features is presented as Figure 3. The Subject Property is located in a mixed use setting. Specific adjacent land uses observed during site activities are as follows: North: The Subject Property is bounded by Stagecoach Trail (Illinois Route 71), followed by commercial properties, South: The Subject Property is bounded by commercial properties, East: The Subject Property is bounded by Illinois Route 47, followed by commercial properties, and West: The Subject Property is bounded by undeveloped land. The topography of the Subject Property is relatively flat with the ground surface elevation being approximately 750-feet above mean sea level. 4. Results of Stage 1 or 2 site investigation: a. Map(s) showing locations of all borings and groundwater monitoring wells completed to date and groundwater flow direction; Please refer to Figure 3 through Figure 5. b. Map(s)showing locations of all samples collected; Please refer to Figure 3. C. Map(s)showing extents of soil and groundwater contamination that exceeds the most stringent Tier 1 remediation objectives; Please refer to Figure 4 and Figure 5. 4 d. Cross-section(s)showing the geology and the horizontal and vertical extents of soil and groundwater contamination that exceeds the most stringent Tier 1 remediation objectives; Cross-section maps will be provided upon completion of the site investigation activities. e. Analytical results,chain of custody forms,and laboratory certifications; The June 12, 2008, soil and the June 23, 2008, groundwater laboratory analytical reports were provided in the July 30,2008, 45-Day Report submitted by GES. The October 13, 2008, and the February 6, 2009, groundwater laboratory analytical reports are provided in Appendix A. f. Table(s)comparing analytical results to the most stringent Tier 1 remediation objectives(include sample depth,date collected, and detection limits); The soil and groundwater laboratory analytical results are summarized on Table 1 and Table 2,respectively. g. Potable water supply well survey(unless provided in previous plan): i. Map(s)to scale showing: a. (Locations of community water supply wells and other potable wells and the setback zone for each well ;) It has been determined that the source of the release is not located within a well set back zone. Additionally,the potable water supply information was provided in the July 30, 2008, 45-Day Report submitted by GES. The office identified potable wells are illustrated on Figure 1 and Figure 2. b. (Location and extent of regulated recharge areas and wellhead protection areas;) This information was provided in the July 30,2008, 45-Day Report submitted by GES. The office identified potable wells are illustrated on Figure 1 and Figure 2. C. (Extent of groundwater contamination exceeding the most stringent Tier 1 remediation objectives ;) The extent of groundwater impacts are still being investigated. The groundwater analytical data from the February 6, 2009, sampling event is illustrated on Figure 5. The groundwater analytical data is summarized in Table 2. The groundwater laboratory analytical reports from the October 13, 2008, and the February 6, 2009, sampling events are provided in Appendix A. d. (Modeled extent of groundwater contamination exceeding the most stringent Tier 1 remediation objectives - if performed as part of the site investigation) Not applicable. 5 ii. Table(s) listing the setback zones for each community water supply well and other potable water supply wells: In accordance with 35 IAC §734.445(a), GES conducted a well search that included a 2,500-foot radius around the Subject Property, in order to determine the locations of wells potentially affected by the release. Specifically, GES searched the Source Water Assessment Program (SWAP) database. The report is a collection of the Illinois State Geological Survey (ISGS) and the Illinois State Water Survey (ISWS) online databases. The results of these inquiries were presented in the July 30,2008, 45-Dav Report,submitted by GES. iii. A Narrative identifying each entity contacted to identify potable water supply wells,the name and title of each person contacted, and any field observations associated with any wells identified; and The results of potable water supply well inquiries were presented in the July 30, 2008, 45-Mary Report submitted by GES. If, during completion of proposed field activities, a potable well(s) is/are identified, it will be documented and that information will be provided to the IEPA in future correspondences. iv. A certification from a Licensed Professional Engineer of Licensed Professional Geologist that the survey was conducted in accordance with the requirements and that documentation submitted includes information obtained as a result of the survey; Please refer to page 9 of this document. h. Soil boring logs and monitoring well construction diagrams; The soil boring logs and monitoring well construction diagrams from the June 12,2008, early action activities were provided in the July 30, 2008, 45-Day Report submitted by GES. Soil boring logs from the March 30, 2009, additional field activities are provided in Appendix D. i. Proposal for determining the following parameters: i. Hydraulic conductivity(K); On October 13, 2008, Ziron performed a slug test on monitoring well DW-3. The data collected during the slug test was evaluated using the Bouwer and Rice (1976) Method, and the calculations were conducted utilizing AgtesolvR software developed by HydroSOLVE. The hydraulic conductivity for monitoring well DW-3 is 8.863 x 10"' centimeter per second. The hydraulic conductivity calculations are provided in Appendix B. U. Soil bulk density(p,,); This parameter will be collected during proposed future site investigations. iii. Soil particle density(q); This parameter will be collected during proposed future site investigations. iv. Moisture content(w); and This parameter will be collected during proposed future site investigations. 6 V. Organic carbon contents (Fogy); and This parameter will be collected during proposed future site investigations. j. Site Investigation Summary Form. Please refer to Appendix F for the Site Investigation Summary Form and Stage I Certification Form. A copy of the Stage 3 Proposed Budget is provided in Appendix G. 5. Stage 2 or 3 sampling plan; a. Description of and justification for additional activities proposed as part of the plan; The laboratory analytical results from the June 12, 2008, and the March 30, 2009, soil investigations indicated concentrations of BTEX and MTBE below the Tier I SROs. The laboratory analytical results from the May 6, 2009, groundwater monitoring events indicated elevated concentrations of MTBE DWA, DW-5, DW-6,DW-7, and DW-8; therefore, further delineation is required. Four additional soil borings/monitoring wells (DB-IOIDW-9 through DB-13/DW-12) are proposed to be advancedlinstalled to determine the extent of groundwater impacts. The new monitoring wells will be developed by bailing approximately 10-water column volumes prior to sampling. Upon recharge, all wells will be gauged and purged three to five water column volumes and then sampled utilizing disposable polyethylene bailers. The groundwater samples will be collected utilizing laboratory preserved containers and submitted to Xenco for analysis according to USEPA Method 8260B. b. A map depicting locations of proposed borings and groundwater monitoring wells; and The proposed borings and monitoring wells are illustrated on Figure 6. C. Depth of borings/wells and construction details of proposed borings and wells; #of soil Soil Proposed #of Well Boring Depth Geotechnical Geotechnical samples for Laboratory Construction Methods Chemical Chemical Location Samples Analysis Analysis installation Soil Bulk DB-1 O/DW-9 I5-feet bgs 2 Density& I F" direct-push Soil Particle Densit direct-push/ 1313-11/DW-10 15-tectbgs NA NA NA NA I-inch monitoring well direct-push/ DB-120W-1 l 15-feet bgs NA NA NA NA I-inch monitoring well direct-push/ DB-131DW-12 15-feet bgs NA NA NA NA 1-inch monitoring well 6. Site maps meeting the requirements of 35 Ill.Adm.Code 734.440 Please refer to Figure 1 through Figure 6. 7 D. Signatures All Plans, budgets, and reports must be signed by the owner or operator and list the owner's or operator's full name, address. and telephone number. UST Owner or Operator Consultant John Robbins for Groundwater& Environmental Name: Shell Oil Products US Company: Services, Inc. Contact: Project Manager Contact: Melissa Powell Address: 603 Diehl Road, Suite 103 Address: 1050 Corporate Blvd, Suite C City: Naperville City: Aurora State: Illinois State: Illinois Zip Code: 60565 Zip Code: 60505 Phone: (630)2764206 Phone: (866)455-2419 Signature: 13aU Signature: Date: , Date: s 2o d I certify under penalty of law that all activities that are the subject of this plan were conducted under my supervision or were conducted under the supervision of another Licensed Professional Engineer or Licensed Professional Geologist and reviewed by me, that this plan and all attachments were prepared under my supervision; that, to the best of my knowledge and belief, the work described in this plan has been completed in accordance with the Environmental Protection Act [415 ILCS5], 35 Ill. Adm. Code 731, 732 or 734, and generally accepted standards and practices of my profession; and that the information presented is accurate and complete. I am aware there are significant penalties for submitting false statements or representations to the Illinois EPA, including but not limited to fines, imprisonment, or both as provided in Sections 44 and 57.17 or the Environmental Protection Act [415 ILCS 5144 and 57.17]. Licensed Professional Engineer or Geologist L.P.E. or L.P.G. Seal Name: David G.Tully, P.E. Finn: Groundwater&Environmental Services, Inc. Address: 1050 Corporate Blvd, Suite C City Aurora State: Illinois Zip Code: 60505 Phone: (866)455-2419 111. Registration No.: 062-053775 License Expiration D e:j 11/30/09 Signature: Date: 8 FIGURES Or 05 Islip, t Y it 1 r ru oil y i?'B �,, I ,� _ S ! 1 °:.. °'�Iii -'�� �' '�x "l',. F�•�,. y -� L W W •� . —W W �^ 'r W 'I.5 y SITE rr* w1 :l 0 ' {` I ...IIAdEi$ r 1 �1 Y-- W zL Um W 1-W�°'•t'W 1 '� ,'„ ,. ` . •c_ 4.:. .~ ! i�7 j 250Q RADIUS tirsbo i ,...'� � a Mr 1 i I 1+� � + _� ,.• i�'1 jai�I � L:!F".tit-'!, di 1 f a't � ').�� � {.' ' •.-h t,,` �� ��y�!`'rT Y �'f �, �- � "-F'�j ^r^, RJR.. SOURCE: USGS 7.5 MINUTE SERIES LEGEND: TOPOGRAPHIC QUADRANGLE 1993 PLATTVILLE, ILLINOIS QW WELL CONTOUR INTERVAL = 10' TOWNSHIP - 36N RANGE - 7E SECTION - 5 DRAFTED BY: M.L.T. WELL LOCATION MAP (N.J.) CHECKED BY: SHELL OIL PRODUCTS US SHELL SERVICE STATION SAP#116624 ILLINOIS REVIEWED BY: 2001 BRIDGE STREET YORIMLLE, ILLINOIS NORTH Groundwater&Environmental Services,Inc. 1050 CORPORATE BOULEVARD, SUITE C, AURORA, IL 60505 SCALE IN FEET DATE FIGURE 12-9-08 QUADRANGLE LOCAnON 0 2000 • WELL-OFFICE VEV71PoE0 � t A' - M s 7`1 1 � c+ s e e � � • ` ' WL7.. LOCAL AREA MAP •. D C to! SHELL OIL PRODUCTS US SHELL SERVICE STATION SAP# 116824 2001 BRIDGE STREET • YOREVILLE, IIJINOIS ` t • " , NORTH Groundwater&Environmental Services,Inc. 1050 CORPORATE BOULEVARD, SUITE C, AURORA, IL�,.5,)l SCALE IN FEET DATE FIGURE 5-1-09 2 `M 0 APPROXIMATEM WALGREENS LEGEND ———— PROPERTY BOUNDARY ® UTILITY MANHOLE ILLINOIS ROUTE 79) —p — PRODUCT PIPING LINE TRAIL ( VAPOR RECOVERY LINE WEST STAGECOACH Dix a MONITORING WELL OBSERVATION WELL D� \\I ONE SOIL BORING \ Drtcx HE aN� -jam c c—- —s —— UNDERGROUND SANITARY SEWER LINE c b UNDERGROUND STORM SEWER LINE • c c \ —T UNDERGROUND TELEPHONE LINE OKE � UE - - r r UNDERGROUND ELECTRIC LINE 2rtil SIGN \ \ UNDERGROUND WATER LINE \i 2 ow- e� % r\ '\\r f \ - u— UNDERGROUND GAS LINE \4 DErEND N t \r\ r - OVERHEAD ELECTRIC t POND tl ry 1 / \ DW-8 a ij Q lz ��qqqg r Q�j� \ r DB-444� DW- \ SERVICE s STATION 1 va DB-z/ / Q DW-21 Y; \ \ Q DW_3 \�\ \ / DUMPSTER \\ \+DB'6_1 / y/ ENCLOSURE ' '\ DRAFTED BY: M.L.T. SITE MAP \ ' (N.J.) CHECKED BY. SHELL OIL PRODUCTS US \' SHELL SERVICE STATION SAP# 116824 REVIEWED EY: 2001 BRIDGE STREET YORKVILLE, ILLINOIS NORTH Groundwater&Environmental Services,Inc. 1050 CORPORATE BOULEVARD, SUITE C, AURORA, IL 60505 S411BCE; SCALE IN FEET GATE FIGURE SHELL OIL COMPANY HOUSTON TX MAR 18 1994 5—I-09 0 APPROXIMATE 60 -5 DB-5 6/12 z008 6/12/2008 LEGEND WALGREENS 2.5' 6' 'Q.00I9 B 1.053 9023 ---- PROPERTY BOUNDARY 0.001 T 00<O.00t9 E .1102,3 Q UTILITY MANHOLE ROUTE 71) 10.00193 X .0523 PRODUCT PIPING LINE r� TRAIL (ILLINOIS 1FTBE <p.Od l9 MTBE GECOA�n - VAPOR RECOVERY LINE WEST STA DITCH B MONITORING WELL DITCH SOIL WELL SOIL BORING DITCH DB-5 SAMPLE IDENTIFICATION 6/12/2008 SAMPLE DATE \ 6' SAMPLE DEPTH (feet) � e 10.0023 BENZENE CONCENTRATION (mg/kg T 10.0023 TOLUENE CONCENTRATION E 10.0523 ETHY.ENZENE CONCENTRATION (mg/kg) SIGN x <0.0023 XYLENES CONCENTRATION (mg/kg) \lr~ �W 5/ \ a MTBE 0.053 MTBE CONCENTRATION (mg/kg) 5 i \ mg/kg MILLIGRAMS PER KILOGRAM �t DETENTION POND 1? MTBE METHYL tert-BUTYL ETHER 1 <# WHERE AN ANALYTE 15 NOT DETECTED, A METHOD DETECTION LIMIT IS GIVEN O DB-1 r DB-9/ 6/12/2008 �. °° �Dyy_g /e� \ ,� 0603' � ��� �pDW_4� O X 0.003fi \ MTBE 0.084 (.fl DB-7 DW-6 V-7 3/30/2009 A\� SERVICE 2' STATION O a 8 10.0009 0.001 E <0.0009 X <0.0009 MTBE 10.0045 4� DB-8 D8-8 DB-2/ os / \ 3/30/2009 3 30 2009 \ OW ah 0 2 4 e <o.0009 e <o.aon 0 T 10.0009 T 0.0012 E 10.0009 E 10.0011 OW-3/ NOTE' x <o.000D x 10.0011 / DUE TO SHALLOW LITHOLOGY AND GROUNDWATER A M"BE<0.0044 MTBE <0.0056. \ DUMPSTET2 pB� ENCLOSURE SOIL SAMPLE COULD NOT BE COLLECTED AT THE DB-2 \/ LOCATION OF DB-9/DW-8. DMFrED 9Y; 6 12 2008 \ \ / (N�) SOIL ANALYTICAL DATA MAP e 04647 ' cHLCrcLD BY: SHELL OIL PRODUCTS US E <D-002 DB-6 DB-6 �� DB-4 SHELL SERVICE STATION SAP 116824 x 0.0031 6/12/2008 6 12 2008 DB-3 !612 d #MTBE <0.002 2.5' s' 6 12 2008 enEwED 8r 2001 BRIDGE STREET 10.022 e 1000'3 2.5' YORKVM, ILLINOIS T 0.0068 T <0.0023 B 109018 E 10.0022 E 60.0023 T 0.0045 Groundwater&Environmental Services,Inc. o a92R 0o23 E <0.3018 NORTH 1050 CORPORATE BOULEVARD, SUITE C, AURORA. IL 60505 MTBE<0.0022 MTBE<0.0023 x <0.0018 SHELL OIL COMPANY MTae <Oa01a SCALE IN FEET DATE FIGURE HOUSTON Tx 5 4 MAR 18 1994 o APPROXIMATE so DW-5 �® 5-6-09 3324 LEGEND WALGREENS a <1 T <1 —--— PROPERTY BOUNDARY x <� ® UTIUTY MANHOLE ROUTE 71) MTBE 349.3 ILLINOIS PRODUCT PIPING LINE 5 TAGECOACH TRAIL (ILLINOIS RECOVERY LINE WEST DrTCH MONITORING WELL OBSERVATION WELL DRCN tt DW-5 WELL IDENTIFICATION DITCH — 5-6-09 SAMPLED DATE 93.24 GROUNDWATER ELEVATION (feet) — \ b B I <1 BENZENE CONCENTRATION (ug/L) C7 T <1 TOLUENE CONCENTRATION (ug/L) E <1 ETHYLBENZENE CONCENTRATION (ug/L) DW-8 pp x <1 XYLENES CONCENTRATION (u /L) 5-6-09 SIGN 9'- .,y0 MTBE 349.3 MTBE CONCENTRATION (ug/L� 95.4C ice~ ti1tt AOp �1-,� ug/L MICROGRAMS PER LITER 8 3.33 �? -5 `J MTBE METHYL tent-BUTYL ETHER 9 E �� ;2 DETENTION t gr+�p WHERE AN ANALYTE IS NOT DETECTED, x <1 t pp 'Esj MTEE 90.73 A METHOD DETECTION LIMIT IS GIVEN ` t O Gay GROUNDWATER CONTOUR (feet) ry r v �,�- �Q 955p ��✓ DASHED WHERE INFERRED DW-a i O \ 349.3 BOLD VALUES INDICATE THE CONCENTRATIONS DW-1 v j/ / 0 r ARE ABOVE TIER 1 GROUNDWATER REMEDIATION 5-6-09 , ? O �Of \ OBJECTIVES 96.88 I 1.12 E <i I <.93.Z p ul ME DW-6 A W-7 / M SERVIC O STATI rot MO �3 DW-6 5-6-09 Q 95.12 B <1 F� T <1 E <1 DW-2 X <1 \ MTBE 59.8 �DW-3 NOTE. DW-7 5-6-09 \ / DUM MONITORING WELLS DW-1, DW-6 AND DW-8 94.19 \ ENCLO RE WERE NOT USED TO DETERMINE GROUNDWATER B <1 FLOW. pW_2 T DRAFTED a': GROUNDWATER ANALYTICAL NAP E <1 93.80 M.L.T. MTBE 1098 NS \ (N.J.) MAY 6, 2009 I DW-4 CHECKED BY: SHELL OIL PRODUCTS US \/ SHELL SERVICE STATION SAP# 116824 RE OED 3Y: 2001 BRIDGE STREET DW-3 9510 YORKVILLE, MUNOIS NS Groundwater&Environmental Services,Inc. NORTH 1050 CORPORATE BOULEVARD, SUITE C,AURORA, IL 60505 SHS ELL OIL COMPANY SCALE IN FEET DATE FIGURE HOUSTON TX MAR 19 1994 5-18-09 5 0 APPROXIMATE 60 Q=—.o WALGREENS LEGEND —--— PROPERTY BOUNDARY 7.7 0 UTILITY MANHOLE TRAIL (ILLINOIS ROUTE 71) PRODUCT PIPING LINE r�7 T STAGECOACH VAPOR RECOVERY LINE \ YP ES 1 a ortcx di MONITORING WELL OBSERVATION WELL Ab Drrcx s \\� GHC m'¢ SOIL BORING Dlrcx DB-13/DW-12 D_.,�,D—_ —ss—— UNDERGROUND SANITARY SEWER LINE y m¢ Gn \DB-12/DW-11 \ (D G G G d —sr—— UNDERGROUND STORM SEWER LINE aE® \ —r — UNDERGROUND TELEPHONE LINE 01�' N DB-i l/DW SIGN G/ GE—— UNDERGROUND ELECTRIC LINE w SIGN \ �'� \� \ \ a —w — UNDERGROUND WATER LINE t� ti ti L D8 G—— UNDERGROUND GAS LINE r MENTION POND , \r \il oxo aNE — OVERHEAD ELECTRIC ® PROPOSED MONITORING WELL r DB-9/ r O \ DW-8 \r �r r �DII 10/DW-9��llW-1/ `z g 0 \ DB_7/& 4,DB-8 DW-6 `z°� DW SERVICE v 4, 1 \\ STATION / %` •3 \ B-3/, \� DUMPSTER / ENCLOSURE ' '\ DRAFTED BY: I M.L.T. PROPOSED MONITORING WELL LOCATION MAP \ ' (N.J.) CHECKED BY. SHELL OIL PRODUCTS US \/ SHELL SERVICE STATION SAP# 116624 RFAEWED By 2001 BRIDGE STREET YORKVILLE, ILUNOIS NORTH Groundwater&Environmental Services,Inc. „�UR 1050 CORPORATE BOULEVARD, SUITE C. AURORA IL 60505 SQu9 CF OIL 'O' SCALE IN FEET DATE FlGURE HousroN Tx MAR 18 1994 1 5-16-09 0 APPROXIMATE 60 Table I SOIL ANALYTICAL DATA-BTEXIMTBE Shell Service Station 9116824 2001 Bridge Street Yorkville,Illinois Tier 1 Soil Remediation Objectives for Benzene Toluene Ethylbenzene Xylenes M'IBE Residential Properties (mg/kg) (mglkg) (mg/kg) (mg/kg) (mWkg) Ingestion-residential 12 16,000 7,800 16.000 780 Ingestion-construction worker 2,300 410,000 20,000 41,000 2,000 Inhalation-residential 0.8 650 400 320 8,800 Inhalation-construction worker 2.2 42 58 5.6 140 Soil Component of Groundwater(Class 11) 0.17 29 19 150 0.32 Soil Sample Location Date De th ft DB-11DW-1 06/12/2008 4-feet 0.019 0.0031 <0.002 0.0036 0.084 DB-2/DW-2 06/12/2008 2.5-feet <0.002 0.0047 <0.002 0.0021 <0.002 DB-3/DW-3 06/12/2008 2.5-fret <0.0018 0.0045 <0.0018 <0.0018 <0.0018 DB4/DW-4 06112/2008 2.5-feet <0.0018 0.0051 <0.0018 <0.00184 <0.0018 DB-5/DW-5 06/12/2008 2.5-feet <0.0019 0.0087 <0.0019 <0.00193 00.0019 D13-5/DW-5 06/1212008 6-feel <0.0023 <0.0023 <0.0023 <0.0023 0.053 DB-6 06112/2008 2.5-feel <0.0022 0.0068 <0.0022 0.0028 <0.0022 D13-6 06112/2008 6-feet <0.0023 <0.0023 1 <0.0023 <0.0023 <0.0023 DB-7 03130/2009 2-rem <0.0009 0.001 <0.0009 <0.0009 <0.0045 D13-8 03/3012009 2-Ret <0.0009 <0.0009 1 00.0009 <0.0009 1 <0.0044 DB-8 03130/2009 4-f"-t <0.0011 0.0012 <0.00II <0.001I <0.0056 NOTES: 1. mAg-milligrams per kilogram or parts per million(ppm) 2. 11 I'M 3. NS=Not Sampled 4. <n=Not detected above analytical method detection limit 5. -- no toxicity criteria available For the route ofexposure 6. Bold values indicate concentmlions above Title 35 LAC Pan 742 Tier I Soil Remediation Objectives-Class 11 Groundwater Table 2 GROUNDWATER ANALYTICAL DATA-BTEXIMTBE Shell Service Station##116824 2001 Bridge Street Yorkville,Illinois Tier 1 Groundwater Remediation Objectives for the Groundwater Ingestion Benzene Toluene Ethylbertxene Xylenes MTB Exposure Route OWL) OWL) OWL) (uglL) OWL) Groundwater Remediation Ob'ective Class II 25 2.500 1,000 10,000 70 Rererenced Depth to Groundwater Sample Location Sample Date Elevatlon Groundwater -Elevation DW-1 06.123/2008 96.88 5.36 91.52 <1 <1 <I <1 160 10/1312008 96.58 5.16 91.72 <1 <1 <I <1 163.7 02106/2009 96.88 3.50 93.38 1.269 <1 <I <1 60.61 05/0612009 96.88 0.00 96.88 1.12 <I <I <1 93.2 DW-2 06/23/2008 99.01 5.05 93.96 <1 <1 <1 <1 <1 10/1312008 99,01 6.42 92.59 <1 <] <l <1 <5 02106/2009 99.01 5.61 93.40 <1 <1 <I <1 <5 05/06/2009 99.01 5.21 93.80 NS NS NS NS NS DW-3 06/23/2008 99.40 5.54 93.86 <I <1 <1 <1 <1 10/13/2008 99.40 6.09 93.31 <I <1 <1 <1 <5 02/06/2009 99.40 5.96 93.44 <1 <1 <1 <1 <5 05106/2009 99.40 4.3 95.10 NS NS NS NS NS DW-4 06/23/2008 99.17 4.84 94.33 <1 <1 <1 <1 3.9 10/13/2008 99.17 4.77 94.4 <I <I <1 <1 <5 02!06/2009 99.17 5.51 93.66 <I <I <1 <1 <5 05/06/2009 99.17 2.79 9638 NS NS NS NS NS DW-5 0612312005 99.23 5.87 9336 <1 <1 <1 <1 610 10,13/2008 99.23 6.63 92.60 <I <I <1 <1 358.8 02/06/2009 99,23 6.13 93.10 <I <I <1 <1 115.9 05/06/2009 99.23 5.99 93.24 <I <I <I <1 349.3 DNV-6 05/06'2009 98.13 101 95.12 <I <1 <1 <1 59.8 DW-7 05/06/2009 99.5 5.31 94.19 <I <I <1 <1 10.98 DW-8 05!0612009 98,38 2.98 95.40 1 3.33 <1 <I <1 90.73 NOTES: 1. ug/L-micrograms per liter '_. Dry-Indicates[hat the well was dry 3. NG not gauged 4. NS=Not Sampled 5. -:no toxicity criteria available for the route orexposure 6. <n Not detected above the method detection limit{ht DO indicated 7. Bold values indicate concentrations above'i'itle 35 IAC Pan 742 Tier I Groundwater Remediation Objectives-Class II Groundwater 0 CIP Reviewed By: Agenda Item Number J� $ 06 Legal El CA#3 Finance ❑ ESL -� 1836 Engineer ■ -_� City Administrator E] Tracking Number .4 City y Human Resources El� wn sw _© Community Development ❑ PW 2012-50 � Police F-1 Public Works ❑ Agenda Item Summary Memo Title: Safe Routes to School (SRTS) Meeting and Date: City Council— September 25, 2012 Synopsis: Joint and Phase III Agreement Consideration Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Consideration of Approval Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: Memorandum To: Bart Olson, City Administrator EST. _ 1836 From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. <C Ec° Lisa Pickering, Deputy City Clerk Date: August 29, 2012 Subject: Safe Routes to School Background The purpose of this memo is to provide an update on the project as well as introduce copies of the proposed IDOT Joint Agreement and the Phase III Engineering Agreement. The general work items and their associated status/schedules are listed below: • Public Meeting Held on July 24, 2012 • Phase II Engineering Final plans submitted for review/approval • Bid Letting November 2012 • Construction Start June 2013 • Construction Complete August 2013 As noted above, we have received the IDOT Joint Agreement for review. The agreement specifies the funding for the project, which is capped at $280,000. The proposed funding is to be used for both the construction and construction engineering phases of the project. Also attached is our Phase III Engineering Agreement for review and consideration. Our anticipated costs for Phase III Engineering fall within the proposed funding levels. It is typical (and preferred by IDOT) of State/Federal funded projects to consider approval of both the agreements at the same time. Proposed Action At this time, we ask that the City Council consider approving both the IDOT Joint Agreement and the Phase III Engineering Agreement. If you have any questions or require additional information,please let us know. Ends Department Local Agency State Contract Day Labor Local Contract RR Force Account �t1 of Transportation City of Yorkville x Local Agency Agreement Section Fund Type ITEP Number for Federal Participation 10-00040-00-SW SRTS Construction En in ering Right-of-Way Job Number Project Number Job Number Project Number Job Number Project Number C-40-069-09 SRTS-4009(010) This Agreement is made and entered into between the above local agency hereinafter referred to as the"LA"and the state of Illinois, acting by and through its Department of Transportation, hereinafter referred to as"STATE". The STATE and LA jointly propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans approved by the STATE and the STATE's policies and procedures approved and/or required by the Federal Highway Administration hereinafter referred to as"FHWA". Location Local Name Various Route Length 5,992 ft Termini various Current Jurisdiction City of Yorkville Existing Structure No Project Description Project consists of earth excavation, aggregate base course installation, PCC sidewalk construction, PCC and HMA driveway removal and replacement, pavement striping, restoration in order to construct, replace or repair sidewalks; install,enhance or repair crosswalks. Division of Cost Type of Work FHWA % STATE % LA % Total Participating Construction 243,490 t t { j ( BAL ) 243,490 Non-Participating Construction Preliminary Engineering ( ) { } ( r Construction Engineering 36.510 f 1 { } ( ? 36,510 Right of Way { 1 ( ) ( ? Railroads t 7 + ? ( 1 Utilities ( y ( ) ( 1 Materials TOTAL $ 280,000 $ $ $ 280,000 *100% SRTS funding NTE 280,000. NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursment. If funding is not a percentage of the total,place an asterisk in the space provided for the percentage and explain above. The Federal share of construction engineering may not exceed 15%of the Federal share of the final construction cost. Local Agency Appropriation By execution of this Agreement,the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and additional funds will be appropriated, if required,to cover the LA's total cost. Method of Financing (State Contract Work) METHOD A---Lump Sum (80%of LA Obligation) METHOD B--- Monthly Payments of METHOD C---LA's Share Balance divided by estimated total cost multiplied by actual proqress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) Printed on 8/29/2012 Page 1 of 5 BLR 05310(01/06/12) Agreement Provisions THE LA AGREES: (1) To acquire in its name,or in the name of the state if on the state highway system, all right-of-way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established state policies and procedures. Prior to advertising for bids,the LA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any,will be cooperatively determined by representatives of the LA, and STATE and the FHWA, if required. (2) To provide for all utility adjustments, and to regulate the use of the right-of-way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems. (3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement. (4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, an addendum is required. (5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and FHWA,the completed improvement, or that portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above. (6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. (7) To maintain,for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the department; and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. (8) To provide if required,for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of the proposed improvement. (9) To comply with Federal requirements or possibly lose(partial or total) Federal participation as determined by the FHWA. (10) (State Contracts Only) That the method of payment designated on page one will be as follows: Method A- Lump Sum Payment. Upon award of the contract for this improvement,the LA will pay to the STATE, in lump sum, an amount equal to 80%of the LA's estimated obligation incurred under this Agreement, and will pay to the STATE the remainder of the LA's obligation (including any nonparticipating costs)in a lump sum, upon completion of the project based upon final costs. Method B- Monthly Payments. Upon award of the contract for this improvement,the LA will pay to the STATE, a specified amount each month for an estimated period of months,or until 80%of the LA's estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LA's obligation(including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method C- Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement,the LA will pay to the STATE, an amount equal to the LA's share of the construction cost divided by the estimated total cost, multiplied by the actual payment(appropriately adjusted for nonparticipating costs) made to the contractor until the entire obligation incurred under this Agreement has been paid. (11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding,equipment, labor, material and services necessary to construct the complete project. (12) (Preliminary Engineering) In the event that right-of-way acquisition for,or actual construction of the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which this agreement is executed,the LA will repay the STATE any Federal funds received under the terms of this Agreement. (13) (Right-of-Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which this Agreement is executed,the LA will repay the STATE any Federal Funds received under the terms of this Agreement. Printed on 8/29/2012 Page 2 of 5 BLR 05310(01/06/12) (14) (Railroad Related Work Only) The estimates and general layout plans for at-grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation, 2300 South Dirksen Parkway, Springfield, Illinois,62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission(ICC). Final inspection for railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the [CC for review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the IDOT's District Bureau of Operations. The LA is responsible for the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets office. Engineer's Payment Estimates in accordance with the Division of Cost on page one. (15) And certifies to the best of its knowledge and belief its officials: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public(Federal, State or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, bribery, falsification or destruction of records, making false statements receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State, local)with commission of any of the offenses enumerated in item(b)of this certification;and (d) have not within a three-year period preceding the Agreement had one or more public transactions(Federal, State, local) terminated for cause or default. (16) To include the certifications, listed in item 15 above and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. (17) (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (18) That for agreements exceeding$100,000 in federal funds, execution of this Agreement constitutes the LA's certification that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress or an employee of a Member of Congress, in connection with this Federal contract, grant, loan or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions; (c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. (19) To regulate parking and traffic in accordance with the approved project report. (20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes. (21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes. (22) That the LA may invoice the STATE monthly for the FHWA and/or STATE share of the costs incurred for this phase of the improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment, certified time sheets, vendor invoices,vendor receipts,and other documentation supporting the requested reimbursement amount. (23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed$1,000,000(five years if the project costs exceed$1,000,000). (24) Upon completion of this phase of the improvement,the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the improvement,the most recent invoice may be considered the final invoice and the obligation of the funds closed. Printed on 8/29/2012 Page 3 of 5 BLR 05310(01/06/12) (25) (Single Audit Requirements) That if the LA expends$500,000 or more a year in federal financial assistance they shall have an audit made in accordance with the Office of Management and Budget(OMB)Circular No.A-133. LA's that expend less than $500,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE with 30 days after the completion of the audit, but no later than one year after the end of the LA's fiscal year. The CFDA number for all highway planning and construction activities is 20.205. (26) That the LA is required to register with the Central Contractor Registration (CCR),which is a web-enabled government-wide application that collects,validates, stores, and disseminates business information about the federal government's trading partners in support of the contract award and the electronic payment processes. If you do not have a CCR number, you must register at httos://www.bpn.gov/ccr. If the LA, as a sub-recipient of a federal funding, receives an amount equal to or greater than$25,000 (or which equals or exceeds that amount by addition of subsequent funds),this agreement is subject to the following award terms: http://edocket.access.gpo.gov/2010/pdf/2010-22705.pdf and http://edocket.access.qpo.gov/2010/pdf/2010-22706.pdf. THE STATE AGREES: (1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LA's certification of compliance with Titles II and III requirements. (2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE(and FHWA, if required)and to award a contract for construction of the proposed improvement, after receipt of a satisfactory bid. (3) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and Engineer's Payment Estimates in accordance with the Division of Cost on page one. (4) (Local Contracts) That for agreements with Federal and/or State funds in engineering, right-of-way, utility work and/or construction work: (a) To reimburse the LA for the Federal and/or State share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payment by the LA; (b) To provide independent assurance sampling,to furnish off-site material inspection and testing at sources normally visited by STATE inspectors of steel, cement,aggregate,structural steel and other materials customarily tested by the STATE. IT IS MUTUALLY AGREED: (1) Construction of the project will utilize domestic steel as required by Section 106.01 of the current edition of the Standard Specifications for Road and Bridge Construction. (2) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal-aid participation or the contract covering the construction work contemplated herein is not awarded within three years of the date of execution of this Agreement. (3) This Agreement shall be binding upon the parties,their successors and assigns. (3) For contracts awarded by the LA, the LA shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any USDOT—assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT—assisted contracts. The LA's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved program,the department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C. 3801 et seq.). In the absence of a USDOT—approved LA DBE Program or on State awarded contracts, this Agreement shall be administered under the provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program. (4) In cases where the STATE is reimbursing the LA, obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year,the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein. (5) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or amendment shall be subject to the Prevailing Wage Act(820 ILCS 130/0.01 et seq.) unless the provisions of that Act exempt its application Printed on 8/29/2012 Page 4 of 5 BLR 05310(01/06/12) ADDENDA Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement. Number 1 Location Map . (Insert addendum numbers and titles as applicable) The LA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement and all exhibits indicated above. APPROVED APPROVED Local Agency State of Illinois Department of Transportation Name of Official (Print or Type Name) Ann L.Schneider,Secretary of Transportation Date By: Title (County Board Chairperson/MayorNillage President/etc.) (Delegate's Signature) (Delegate's Name-Printed) (Signature) Date The above signature certifies the agency's TIN number is William R.Frey,Interim Director of Highways/Chief Engineer Date conducting business as a Governmental Entity. DUNS Number Ellen J.Schanzle-Haskins,Chief Counsel Date Matthew R.Hughes,Director of Finance and Administration Date NOTE: If signature is by an APPOINTED official,a resolution authorizing said appointed official to execute this agreement is required. Printed on 8/29/2012 Page 5 of 5 BLR 05310(01/06/12) Local Agency Consultant United City of Yorkville L Illinois Department Engineering Enterprises, Inc. p &of Transportation C County C O Address Kendall A N 52 Wheeler Road Section L S City 10-00040-00-SW U Suciar Grove Project No. A Construction Engineering L State SRTS-4009(01 0) Services Agreement IL Job No. E For TA Zip Code C-40-069-09 Federal Participation Contact Name/Phone/E-mail Address N N Contact Name/Phone/E-mail Address Bart Olson C T Jason Bauer/630-466-6745 bolson(a)yorkville.il.us Y jbauer @eeiweb.com THIS AGREEMENT is made and entered into this day of , 2012 between the above Local Agency(LA)and Consultant(ENGINEER)and covers certain professional engineering services in connection with the PROJECT described herein. Federal-aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of Transportation (STATE)will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS. WHEREVER IN THIS AGREEMENT the following terms are used, they shall be interpreted to mean: Regional Engineer Regional Engineer, Department of Transportation Resident Engineer LA Employee directly responsible for construction of the PROJECT Contractor Company or Companies to which the construction contract was awarded Project Description Name Safe Routes to School Route N/A Length 5,992 ft Structure No. N/A Termini Morgan St. (Washington to Fox), State St. (Beecher to Washington), Mill St. (Illini to Orange), Orange St. (Adrian to Main) Adrian St., (Blaine to Washington), Dolph St. (Adrian to Main)and Washington St. (Morgan to Main) Description: Sidewalk installation and periodic removal and replacement of deteriorated sidewalk. Minor ditch grading, driveway removal and replacement, signage, striping and restoration and all other ancillary work items as required to facilitate the installation of the new sidewalk. Agreement Provisions I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance of the engineering services for the LA, in connection with the PROJECT hereinbefore described and checked below: ® a. Proportion concrete according to applicable STATE Bureau of Materials and Physical Research (BMPR)Quality Control/Quality Assurance(QC/QA)training documents or contract requirements and obtain samples and perform testing as noted below. ® b. Proportion hot mix asphalt according to applicable STATE BMPR QC/QA training documents and obtain samples and perform testing as noted below. ❑ c. For soils,to obtain samples and perform testing as noted below. ❑ d. For aggregates,to obtain samples and perform testing as noted below. NOTE: For 1 a.through 1 d. the ENGINEER is to obtain samples for testing according to the STATE BMPR"Project Procedures Guide", or as indicated in the specifications, or as attached herein by the LA; test according to the STATE BMPR"Manual of Test Procedures for Materials", submit STATE BMPR inspection reports; and verify compliance with contract specifications. ® e. Inspection of all materials when inspection is not provided at the sources by the STATE BMPR, and submit inspection reports to the LA and the STATE in accordance with the STATE BMPR"Project Procedures Guide"and the policies of the STATE. ® f. For Quality Assurance services, provide personnel who have completed the appropriate STATE BMPR QC/QA trained technician classes. ® g. Inspect, document and inform the resident engineer of the adequacy of the establishment and maintenance of the traffic control. Page 1 of 5 BLR 05611 (Rev.9/06) Printed on 9/19/2012 7:56:16 AM M h. Geometric control including all construction staking and construction layouts. ® i. Quality control of the construction work in progress and the enforcement of the contract provisions in accordance with the STATE Construction Manual. ® j. Measurement and computation of pay items. ® k. Maintain a daily record of the contractor's activities throughout construction including sufficient information to permit verification of the nature and cost of changes in plans and authorized extra work. ® I. Preparation and submission to the LA by the required form and number of copies, all partial and final payment estimates,change orders, records, documentation and reports required by the LA and the STATE. ❑ m. Revision of contract drawings to reflect as built conditions. 2. Engineering services shall include all equipment, instruments, supplies,transportation and personnel required to perform the duties of the ENGINEER in connection with the AGREEMENT. 3. To furnish the services as required herein within twenty-four hours of notification by the resident engineer or authorized representative. 4. To attend meetings and visit the site of the work at any reasonable time when requested to do so by representatives of the LA or STATE. 5. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without the written consent of the LA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. 6• The ENGINEER shall submit invoices, based on the ENGINEER's progress reports,to the resident engineer, no more than once a month for partial payment on account for the ENGINEER's work completed to date. Such invoices shall represent the value, to the LA of the partially completed work, based on the sum of the actual costs incurred, plus a percentage(equal to the percentage of the construction engineering completed)of the fixed fee for the fully completed work. 7. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable to improvement of the SECTION; and that the ENGINEER has sufficient properly trained,organized and experienced personnel to perform the services enumerated herein. 8• That the ENGINEER shall be responsible for the accuracy of the ENGINEER's work and correction of any errors, omissions or ambiguities due to the ENGINEER'S negligence which may occur either during prosecution or after acceptance by the LA. Should any damage to persons or property result from the ENGINEER's error, omission or negligent act,the ENGINEER shall indemnify the LA,the STATE and their employees from all accrued claims or liability and assume all restitution and repair costs arising from such negligence. The ENGINEER shall give immediate attention to any remedial changes so there will be minimal delay to the contractor and prepare such data as necessary to effectuate corrections, in consultation with and without further compensation from the LA. 9. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LA. 10. The undersigned certifies neither the ENGINEER nor I have: a) employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other than a bona fide employee working solely for me or the above ENGINEER)to solicit or secure this AGREEMENT; b) agreed, as an express or implied condition for obtaining this AGREEMENT,to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c) paid,or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above ENGINEER)any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT. d) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; e) have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local)transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery, bribery,falsification or destruction of records, making false statements or receiving stolen property; f) are not presently indicted for or otherwise criminally or civilly charged by a government entity(Federal, State or local)with commission of any of the offenses enumerated in paragraph(e)of this certification; and g) have not within a three-year period preceding this AGREEMENT had one or more public transactions(Federal, State or local) terminated for cause or default. Page 2 of 5 BLR 05611 (Rev.9/06) Printed on 9/19/2012 7:56:16 AM 11. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA. 12. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 13. To submit BLR 05613, Engineering Payment Report,to the STATE upon completion of the work called for in the AGREEMENT. II. THE LA AGREES, 1. To furnish a resident engineer to be in responsible charge of general supervision of the construction. 2. To furnish the necessary plans and specifications. 3. To notify the ENGINEER at least 24 hours in advance of the need for personnel or services. 4. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the following compensation formulas: Cost Plus Fixed Fee ® CPFF= 14.5%[DL+ R(DL)+OH(DL)+ IHDC], or ❑ CPFF= 14.5%[DL+ R(DL)+ 1.4(DL)+ IHDC], or ❑ CPFF= 14.5%[(2.3+ R)DL+ IHDC] Where: DL= Direct Labor IHDC= In House Direct Costs OH = Consultant Firm's Actual Overhead Factor R= Complexity Factor Specific Rate ❑ (Pay per element) Lump Sum ❑ 5. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409: ❑ With Retainage a) For the first 50%of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to 90%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50%of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to 95%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and the STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. ® Without Retainage a) For progressive payments—Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 6. The recipient shall not discriminate on the basis on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT- assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C. 3801 et seq.). Page 3 of 5 BLR 05611 (Rev.9/06) Printed on 9/19/2012 7:56:16 AM III. It is Mutually Agreed, 1. That the ENGINEER and the ENGINEER's subcontractors will maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and to make such materials available at their respective offices at all reasonable times during the AGREEMENT period and for three years from the date of final payment under this AGREEMENT,for inspection by the STATE, Federal Highway Administration or any authorized representatives of the federal government and copies thereof shall be furnished if requested. 2. That all services are to be furnished as required by construction progress and as determined by the RESIDENT ENGINEER. The ENGINEER shall complete all services specified herein within a time considered reasonable to the LA,after the CONTRACTOR has completed the construction contract. 3. That all field notes,test records and reports shall be turned over to and become the property of the LA and that during the performance of the engineering services herein provided for,the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 4. That this AGREEMENT may be terminated by the LA upon written notice to the ENGINEER, at the ENGINEER's last known address,with the understanding that should the AGREEMENT be terminated by the LA,the ENGINEER shall be paid for any services completed and any services partially completed. The percentage of the total services which have been rendered by the ENGINEER shall be mutually agreed by the parties hereto. The fixed fee stipulated in numbered paragraph 4d of Section II shall be multiplied by this percentage and added to the ENGINEER's actual costs to obtain the earned value of work performed. All field notes, test records and reports completed or partially completed at the time of termination shall become the property of, and be delivered to,the LA. 5. That any differences between the ENGINEER and the LA concerning the interpretation of the provisions of this AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LA, and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 6. That in the event the engineering and inspection services to be furnished and performed by the LA(including personnel furnished by the ENGINEER)shall, in the opinion of the STATE be incompetent or inadequate,the STATE shall have the right to supplement the engineering and inspection force or to replace the engineers or inspectors employed on such work at the expense of the LA. 7. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the contractor's safety precautions, except as provided in numbered paragraph 1f of Section I. 8. This certification is required by the Drug Free Workplace Act(301LCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments,termination of a contract or grant and debarment of contracting or grant opportunities with the State for at least one (1)year but no more than five (5)years. For the purpose of this certification, "grantee"or"contractor"means a corporation, partnership or other entity with twenty-five (25)or more employees at the time of issuing the grant, or a department,division or other unit thereof, directly responsible for the specific performance under a contract or grant of$5,000 or more from the State, as defined in the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant,the employee will: (A) abide by the terms of the statement; and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5)days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the grantee's or contractor's policy of maintaining a drug free workplace; (3) any available drug counseling, rehabilitation and employee assistance program; and Page 4 of 5 BLR 05611 (Rev.9/06) Printed on 9/19/2012 7:56:16 AM (4) the penalties that may be imposed upon an employee for drug violations. (c) Providing a copy of the statement required by subparagraph (a)to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the contracting or granting agency within ten (10)days after receiving notice under part(B)of paragraph (3)of subsection (a)above from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is convicted, as required by section S of the Drug Free Workplace Act. (f) Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is required and indicating that a trained referral team is in place. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 9. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT-assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination this AGREEMENT or such other remedy as the LA deems appropriate. Agreement Summary Prime Consultant: TIN Number A reement Amount F6ieeringEnterprises, Inc. 36-3150869 32,505.86 Sub-Consultants: TIN Number Agreement Amount Rubino Engineering 80-0450719 4,004.58 Sub-Consultant Total: 4,004.58 Prime Consultant Total: 32,505.86 Total for all Work: 36,510.44 Executed by the LA: United City of Yorkville (Municipality/Township/County) ATTEST: By: By: City Clerk Title: Mayor (SEAL) Executed by the ENGINEER: Engineering Enterprises, Inc. ATTEST: By: By: Title: Executive Assistant Title: Vice President Page 5 of 5 BLR 05611 (Rev.9/06) Printed on 9/19/2012 7:56:16 AM Exhibit A- Construction Engineering Route: Local Agency: *Firm's approved rates on file with IDOT'S (Municipality/Township/County) Bureau of Accounting and Auditing: Section: Project: Overhead Rate (OH) 0.00 % Job No.: Complexity Factor (R) 0.00 Calendar Days Method of Compensation: Cost Plus Fixed Fee 1 ❑ 14.5%[DL + R(DL) + OH(DL) + IHDC] Cost Plus Fixed Fee 2 ❑ 14.5%[DL + R(DL) + 1.4(DL) + IHDC] Cost Plus Fixed Fee 3 ❑ 14.5%[(2.3 + R)DL + IHDC] Specific Rate ❑ Lump Sum ❑ Cost Estimate of Consultant's Services in Dollars Employee Man- Payroll Payroll Services by In-House Element of Work Classification Hours Rate Costs (DL) Overhead* Others Direct Costs Profit Total (IHDC) Totals 0.00 Page 6 of 7 BLR 05611 (Rev. 9/06) Printed on 9/19/2012 7:56:16 AM Exhibit B Illinois Department of Transportation Engineering Payment Report Prime Consultant Name Engineering Enterprises, Inc. Address 52 Wheeler Road, Sugar Grove, IL 60554 Telephone 630/466-6745 TIN Number 36-3150869 Project Information Local Agency United City of Yorkville Section Number 10-00040-00-SW Project Number SRTS-4009(010) Job Number C-40-069-09 This form is to verify the amount paid to the Sub-consultant on the above captioned contract. Under penalty of law for perjury or falsification, the undersigned certifies that work was executed by the Sub-consultant for the amount listed below. Sub-Consultant Name TIN Number Actual Payment from Prime Sub-Consultant Total: Prime Consultant Total: Total for all Work Completed: Signature and title of Prime Consultant Date Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as concurrinq with the Pavment amount specified above. Page 7 of 7 BLR 05611 (Rev.9/06) Printed on 9/19/2012 7:56:16 AM 0 CIP Reviewed By: Agenda Item Number J� $ 06 Legal El CA#4 Finance ❑ ESL -� 1836 Engineer ■ -_� City Administrator E] Tracking Number .4 City y Human Resources El� wn sw _© Community Development ❑ PW 2012-51 � Police F-1 Public Works ❑ Agenda Item Summary Memo Title: Rt 47 and Cannonball Improvements Meeting and Date: City Council — September 25, 2012 Synopsis: Coined Work Agreement Consideration Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Consideration of Approval Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: CITE o Memorandum To: Bart Olson, City Administrator EST. - -- 1836 From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works .p Q Krysti Barksdale-Noble, Community Dev. Dir. Pqr MM Lisa Pickering, Deputy City Clerk ALE X�,�• Date: September 19, 2012 Subject: Rt 47 and Cannonball Improvements Background The purpose of this memo is to provide an update on the project as well as introduce copies of the proposed Corned Customer Work Agreement If you might recall, the project was awarded by the City Council on February 28, 2012 to Geneva Construction Co. in the amount of$895,274.94. Since project award, a preconstruction conference was held with the contractor and the private utilities have begun to perform their relocates. Nicor has recently completed their work. Corned along with Comcast and AT&T also will require relocates. Attached is the Customer Work Agreement from Corned to perform the necessary relocations. Since this project was originally driven by a private development, Corned will require payment for the completion of the work. The City received funds from the original developer to perform the work at this intersection. The current cost projections are as follows: Bond Balance: $1,899,397 Cost of Project as Bid: $895,247 Construction Engineering: $90,000 Estimated Balance: $914,150 Comed Costs $177,395.49 The overall project budget allows for the payment to Corned. Proposed Action At this time, we ask that the Committee consider approving both the Corned Work Agreement. If you have any questions or require additional information, please let us know. C■ m ,; AURORA OFFICE 2001 AUCUTT ROAD MONTGOMERY, ILLINOIS 60538 815-748-2262 CITY OF YORKVILLE Date: 09/13/2012 CANNONBALL TRL AND RT47 RELOCATION YORKVILLE, IL 60560 For Electrical Service To: RELOCATION, CANNONBALL TRL AND RT47 YORKVILLE, IL Enclosed please find a copy of your Customer Work Agreement. To ensure prompt processing of your agreement please do the following: Review, sign and date the Customer Work Agreement. Return the signed copy of the agreement and payment of $177,395.49 in the enclosed envelope, to my attention. Work cannot proceed until we have received the signed document with your remittance and a call to 1-866-NEW-ELEC (1-866-639-3532) letting us know your electrician has completed work and passed required municipal government inspections. Upon approval by our Company, one copy of the document will be returned to you for your records. If this contract is not returned within 30 days, it will be cancelled. You may make payments on the ComEd website or by phone. A$3.50 Bill Matrix, Inc. convenience fee will apply to each electronic payment transaction. By Internet go to: <https://paymentscomed.biIImatrix.com/> (for payments$5,000 or less) Or By Phone, Call (English &Spanish) 1-800-334-7661 (for payments of$5,000 or less) 1-800-588-9477 (for payments of$5,000 or less) If you have any questions concerning this contract please contact your Field Representative. Sincerely, Enclosures KYLE WESTROM FIELD REPRESENTATIVE 815-748-2262 CUSTOMER WORK AGREEMENT PL#:471211 CWA#:WE090027 R:0000 Date: 09/13/2012 CITY OF YORKVILLE ("Customer") and ComEd ("Company") agree that the Company will furnish at the Customer's expense the labor and materials necessary to do the work for the Customer on or adjacent to the Customer's premises at RELOCATION, CANNONBALL TRL AND RT47,YORKVILLE, IL 60560,described below. CUSTOMER WORK AGREEMENT - COMED TO RELOCATE 7 POLES AND EQUIPTMENT THAT ARE IN CONFLICT WITH THE ROAD WIDENING PROJECT AT THE CORNER OF RT.47 AND CANNONBALL TRL IN YORKVILLE. CHARGES FOR REQUESTED INSTALLATION $170,545.81 MATERIALS AND LABOR 80FT BORE ACROSS CANNONBALL TRL $6,849.68 TOTAL CUSTOMER CHARGE $177,395.49 The Customer agrees to pay to the Company the sum of$177,395.49,payment in full due prior to beginning of Company work. The charges listed in this contract are for performing the work identified herein under normal field conditions. If abnormal field conditions are encountered and additional labor and materials are required to complete the work, or if the scope of work is altered,ComEd reserves the right to collect,and the owner agrees to pay,additional money to cover the increased costs. The sketch, if any, attached hereto is hereby made a part of this Agreement and expressly designates ownership of the facilities refered to. The Total Customer Charge reflects the scope of work described in this Customer Work Agreement that will be performed by the Company. This does not include charges for the relocation or removal of equipment owned by others, such as cable television or communication companies, that are attached to the Company's poles. It is the Customer's responsibility to contact these other companies to schedule the relocation or removal of their equipment from the poles. These companies will bill the Customer separately for the work then must perform. Work will be done during the Company's regular working hours, unless otherwise specified. This Agreement shall be void if not accepted by the Customer within thirty days from date submited. Transformers and metering equipment installed in conjunction with this work, shall in all cases, remain the property of the Company. In the event the work covered by this Agreement cannot be completed within one year from the above date as a result of delays on the part of the Customer or because the Company has been denied access to the premises, the charge to the Customer shall be recomputed based on the level of costs prevailing at the time of completion of the work as stipulated in the Company's General Company Order No.25. This agreement is subject to the provisions of the Company's Schedule of Rates and Information and Requirements for Electric Services as on file with the Illinois Commerce Commision. FOR THE COMPANY: FOR APPLICANT: KYLE WESTROM Submitted By Accepted By Signature Accepted By Signature Print Name Print Name Official Capacity Account Number:0199009151 Work Task Number:0655440301 Payment Stamp Mail Bills To: CITY OF YORKVILLE CANNONBALL TRL AND RT47 RELOCATION YORKVILLE,IL 60560 Cad m_ Agreement Date : 09/13/2012 Submitted by: WILLIAM FORST Phone Number : 815-490-2300 Group TvDe of Pavment Check ❑ Wire/ACH ❑ Name : CITY OF YORKVILLE CWA Payment Service Address : RELOCATION, CANNONBALL TRL C.W.A. #: WE090027 Citv. State AND RT47 CIMS Account # Work Order Task# Total 0199009151 0655440301 $177,395.49 Permit Type Project Name Office Designer Location - Reason For Work Work Order # Customer Contact - Brad Sanderson IDOT/Kendall County 0000071133 AURORA Westrom K 06554403 Cannonball Trl OVHD Relocation Permit Number SR # JWA # Phone # Cannonball Trl and IL Rt 47 Schedule Group 00586692 815-790-5519 Yorkville 3AD ComEd Contact - We Westrom Joint Work Contact SER/CWA # Phone RO # PD # Town or Township QS/Block Enter SER/SCA NurnbE BRISTOL TWP 471211 Date Issued: Contingent WO #s Completed By: Date: 0.0 88.3 176.6 FT Page 1 of 4 Verified By: Date: 1A81 --- 1A92 , � 0003 120/®0Y t F � - d � � 384554 ��N= 7 Pvc 47121 3$ ALC �� 1 A 91 M04 15'-► lA3 Ex��� � 9 $ �0 0 , 80-1 25_A ° CANNONBALL TRL _ 19112kv 80-1 _ 477_ so-z 20'-► C L10643 UU 45-z , 45-z 50- `J 009 z 11.5, 22 .-12 001 00 •- 5'Dos 012 O To Disc 4354 -► O �O0-1 i � + +1' 4 5 + 13' � 013 014 �" 15 037 1 2 1 " 041 39 fM C 3 1669325 W2107 F 1 $� 038 143 042 W 191 8 65—C F 189142 65—C 1A1 �xcJC� 120/208Y 039 043 --D3 25-C 377.5°x' Reviewed By: Agenda Item Number 6 Legal ❑ CA#5 Finance ❑ EST. -� __ti 1838 Engineer ❑ -- City Administrator ■ Tracking Number me Human Resources F-1 C "Sad 3! Cf Community Development ❑ `,� PW 2012-52 Parks&Recreation Public Works ❑ Agenda Item Summary Memo Title: Recreational Trails Program Project Agreement Meeting and Date: City Council— September 25, 2012 Synopsis: The project agreement for the Clark(Hopkins) Park Recreational Trails Grant is attached for approval. Council Action Previously Taken: Date of Action: 3.8.11 Action Taken: Approved Item Number: CC 2011-20 Type of Vote Required: Majority Council Action Requested: Submitted by: Laura Schraw Parks & Recreation Name Department Agenda Item Notes: Please see the attached memo providing additional information and the project agreement. D C/T Memorandum 0 EST. 1836 To: Public Works Committee From: Laura Schraw, Interim Director of Parks and Recreation CC: Bart Olson, City Administrator Date: September 13, 2012 <LE r° Subject: Recreational Trails Program Grant Please see the attached Project Agreement for the Recreational Trails Program Grant awarded for Clark(Hopkins) Park. The total grant amount is $96,000, which is 80% of our total project budget of$120,000. The remaining $24,000 of the City's share will be donated labor through staff clearing the woods and creating the trail, installing the wood chips for the trail, installing the benches, designing the interpretive signage, and designing and constructing the limestone overlook with the pergola. The nose-in parking area will be paved by a contractor. The completion date for this project is December 31, 2014. This winter staff will continue to clear the woods of invasive species and create the trail. Construction documents and estimates will be finished this winter/spring and construction is anticipated to start next summer and be completed by next winter. CLIllinois Department of Natural Resources Pat Quinn.Governor One Natural Resources Way Springfield,Illinois 62702-1271 klare'aliller,Director h ttp:,Anr.s tat e.i l.u s August 17, 2012 Mr. Bart OIson Director of Parks and Recreation United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Project RTP 12-107 United City of Yorkville Hopkins Park Nature Trail Grant Award: $96,000.00 Dear Director Olson: Congratulations on being selected by the Department for grant funding assistance through the State's FY `12 Recreational Trails Program. Your project has been assigned the above referenced project number and approved for the dollar amount indicated. Enclosed you will find two copies of the Project Agreement indicating approved project costs and grant reimbursement. PLEASE REVIEW THE DOCUMENT CAREFULLY. If the grant amount approved for the project was reduced from your original request level and the amount will limit your agency's ability to carry out the proposal as planned, please contact me immediately. If the Agreement is acceptable, please have both copies signed by an appropriate official from your agency and return them both to the Department for signature within the next 30 days. Please be advised that your agency is the "vendor" and all documents must be completed, signed and dated. Once the agreements have been validated by the Department, one copy will be returned to you for your files. If you have any questions concerning this information, please do not hesitate to contact me at 2171785-4153. I look forward to working with you in successfully completing this most worthwhile project. Sincerely, Ronald Whitmore Grant Administrator Division of Grant Administration Enclosures: Project Agreement (2 copies) Billing and Implementation Packet STATE OF ILLINOIS Department of Natural Resources RECREATIONAL TRAILS PROGRAM GRANT PROJECT AGREEMENT Project Sponsor: United City of Yorkville Project Number: RTP 12-107 Address: 800 Game Farm Road FEIN Number: 36-6006169 Yorkville,IL 60560 Project Title: Hopkins Park Nature Trail Project Period: Start Date: August 10,2012 Expiration Date: December 31,2014 Project Scope(Description of Project/Costs): The City of Yorkville will develop a .5-mile ADA accessible nature trail with benches and interpretive signs, a limestone overlook/sitting area with a pergola, and a trail head with a small parking area in Hopkins Park. Approved project development shall be in general accordance with the approved project application on file with the Department and preliminary construction cost estimates and plans attached hereto. PROJECT COSTS (Estimated) The following documents are hereby incorporated into,and made part of, this Agreement: Acquisition Costs $ Development Costs $ 120 000.00 1. General Provisions(attached) Archaeological Survey $ 2. Project Application TOTAL COSTS $ 120,000.00 3 Standard Certifications %Fund Assistance up to 80% 4. FUND ASSISTANCE AMOUNT $ 96,000.00 ( }DNR copy { }Sponsor copy The Illinois Department of Natural Resources (DNR) and the Project Sponsor, agree to perform this project in accordance with the federally funded Recreational Trails Program (RTP) as created pursuant to the National Recreational Trails Fund Act and funded through the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA- LU) and jointly administered by the IDNR and [DOT; with the rules promulgated pursuant to these Acts, including applicable U.S.Department of Transportation regulations,49 CFR Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, and with the terms, promises, and conditions contained in this Agreement including attachments; and the plans, and assurances contained in the approved project application which, by reference, are specifically made a part of this Agreement. No assignment of grant provisions or duties is allowed. The DNR shall, in consideration of the promises and assurances made by the Project Sponsor, obligate to the Project Sponsor the Fund Assistance Amount specified herein, and to tender to the Project Sponsor that portion of those Funds required to pay the State's share of eligible project costs as shall be determined based upon criteria set forth in the National Recreational Trails Fund Act. A project shall be deemed completed for grant payment when the project sponsor submits a project billing form seeking final grant reimbursement which is approved for payment by DNR. Any grant funds remaining after final reimbursement to the project sponsor may be reprogrammed at the discretion of DNR. Obligations of the State will cease immediately without penalty of further payment being required if in any fiscal year the Illinois General Assembly or federal funding source fails to appropriate or otherwise make available sufficient funds for this Agreement. The Project Sponsor promises to complete the project as described in this Agreement, and operate and maintain the project site in accordance with the terms of this Agreement, and to pay any and all costs associated with the project in excess of the specified State obligation for Grant Funding Assistance. This Agreement, including the project application by reference and the General Provisions, Certifications Statement and project development plan(s) attached hereto, constitutes the entirety of the grant agreement between the Project Sponsor and Illinois DNR and supercedes all other agreements whether written or oral. This Agreement shall be governed in all respects by the laws of the State of Illinois. Except for reimbursement grants where this does not apply, all funds advanced to the grantee that remain at the end of(lie grant agreement or at the expiration of the expenditure or obligation period stipulated in the grant,shall be returned to the State within 45 days. IN WITNESS THEREOF,the parties hereto have executed this Agreement as of the date entered below. PROJECT SPONSOR STATE OF ILLINOIS IL Department of Natural Resources (Agency) (Agency) (Signature) (Director-Signature) (Name) (Director—Name) (Date) (Date) Required additional signatures for contracts and contract renewals totaling$250,000 or more per 30 ILCS 10519.02. (DNR Chief Legal Counsel-Signature) (DNR Chief Legal Counsel-Name) (DNR Chief Fiscal Officer-Signature) (DNR Chief Fiscal Officer-Name) CERTIFICATIONS I certify under oath that all information in the grant agreement is true and correct to the best of my knowledge, information, and belief; and that the funds shall be used only for the purposes described in the grant agreement; and that the award of the grant funds is conditioned upon such certification. Project Sponsor Signature and Date GENERAL PROVISIONS OF THE PROJECT AGREEMENT RECREATIONAL TRAILS PROGRAM A. Definitions 1. The term"DNR"as used herein means the Stale of Illinois,Department of Natural Resources. 2. The term"project"as used herein means the approved project scope which is the subject of this Agreement, 3. The term"project site"as used herein means the land area encumbered by this Agreement and delineated (defined)on the project boundary map attached hereto. 4. The term"Project Sponsor"(grantee)as used herein means the federal,state,or local political subdivision; or not-for-profit organization which is a party to this Agreement and to which RTP funds are being provided pursuant to this Agreement. 5. The term "Recreational Trails Program" (RTP) as used herein means the federal ""Recreational Trails Program"created through the National Recreational Trails Fund Act, B. Project Execution,Permits and Environ men tal/Cullural Resource Compliance 1. The Project Sponsor is required to File quarterly status reports on the grant project if the grant amount is over$25,OOO.DO. 2. The Project Sponsor agrees to execute and complete the approved project in accordance with the time schedule and plans set forth in the project proposal. Failure to render satisfactory progress or complete the approved project to the sabsfaction of the DNR per terms of this Agreement may be cause for suspension and/or termination of all obligations of the DNR under this Agreement. 3. Final development plans and specifications shall be available for review by the DNR upon request. The Project Sponsor shall be responsible for developing the project site in general accordance with the application submitted and approved by the DNR. 4. In connection with project construction, and the subsequent operation and maintenance of the RTP grant assisted facilities, the Project Sponsor agrees that it shall be responsible for and obtain all necessary permits, licenses or forms of consent, as may be required to complete the project. Failure to obtain any required permit may jeopardize RTP grant reimbursement. 5. Work on the approved project shall not commence and no payment shall be made under this grant agreement until the Project Sponsor,as set forth under the DNR's Comprehensive Environmental Review Process(CERP),has initiated and completed all necessary project review and consultation with the DNR as required by Section 11 of the Endangered Species Protection Act,520 ILCS 10111;Section 17 of the Illinois Natural Areas Preservation Act,525 ILCS 30117;the mitigation or compensation determinations required by the Interagency Wetland Policy Act, 20 ILCS 83011 el seq.; and the environmental and economic impact determination required by Section 9 of the state Historic Preservation Act,20 ILCS 341019. 6. 50%of the labor hours on the project must be performed by actual residents of the State of Illinois. Artlde 80 of the FYI Budget Implementation(Capital)Act,P.A.96-37(HB 2424). C. Proiect Indemnification. 1, The Project Sponsor covenants and agrees that it shall indemnify, protect, defend and hold harmless the DNR from any and all liability, casts, damages, expenses, or claims thereof arising under, through or by virtue of the construction, operation and maintenance of the herein specified project facility. Neither the Project Sponsor nor Its employees,agents or subcontractors shall be deemed to be an agent of the State of Illinois or the DNR. 2. The Project Sponsor shall be responsible for adequately patrolling the RTP grant site to ensure proper usage of the facility and user compliance with all Stale and local regulations.Failure of the Project Sponsor to take corrective measures which bring the site into compliance or to help remedy complaints lodged by local citizens concerning misuse of the RTP grant site shall be grounds for a finding of program non- compliance and is subject to corrective measures by DNR as deemed appropriate. 3. During all limes of operation of an RTP grant site,the Project Sponsor(excluding local political subdivisions) must possess insurance protection providing a minimum of$1,000,000 per occurrence liability coverage. D. Project Inspections. It is agreed and understood by the Project Sponsor that a DNR representative shall have access to the project site to make periodic inspections. It is further agreed and understood by the Project Sponsor that a final inspection and acceptance of a completed development project must be made by a representative of the DNR prior to project acceptance and grant reimbursement to the Project Sponsor,and that the DNR shall have future access to the project site and all facilities thereon to ensure continuing program compliance. E. Project Sionage 1 Publicity. The Project Sponsor agrees to post a"Recreational Trails Program"grant acknowledgment sign at the grant-assisted site specified herein.At a minimum,the sign must include the following wording: THIS TRAIL/FACILITY RECEIVED FUNDING ASSISTANCE THROUGH THE FEDERALLY FUNDED RECREATIONAL TRAILS PROGRAM ADMINISTERED BY THE ILLINOIS DEPARTMENT OF NATURAL RESOURCES F. Prevailing Wage All non-governmental Project Sponsors that construct fixed works that are financed in whole or in part with funds provided by this Grant Agreement shall be subject to the Prevailing Wage Act(820 ILCS 13010.01 et s_gq.) unless provisions of that Act exempt its application. In the construction of the project, the Project Sponsor shall comply with the requirements of the Prevailing Wage Act, including, but not limited to, inserting into all contracts for such construction a stipulation to the effect that not less than the prevailing rate of wages as applicable to the project shall be paid to all laborers, workers, and mechanics performing work under the contract and requiring all bonds of contractors to include a provision as will guarantee the faithful performance of such prevailing wage clause as provided by contract. G. Subcontractor Requirements The Project Sponsor shall insert as an integral part of any publicly bid contract for the approved project work, the following provisions: 1. The Contractor shall abide by and comply with all applicable local,State and federal laws and regulations relating to contracts involving public funds and the development/construction of public works, buildings or facilities. The scale of wages to be paid shall be obtained from the IL Dept. of Labor and posted by the Contractor in a prominent and accessible place at the project work site. 2. The Contractor shall personally and individually agree and covenant,and shall furnish and provide evidence of general liability insurance in the amount of$1,000,000.00,and shall indemnity,protect,defend at Its own cost,and hold harmless the DNR from and against all losses,damages,injuries,or claims thereof to or by persons or property,arising out of,through,or by virtue of the construction and development of the specified project facilities. 3. The Contractor certifies that to the best of its knowledge, no officer or employee has been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois,nor has any officer or employee made an admission of guilt of such conduct which is a matter of record. 4. The Contractor certifies it has not been barred from being awarded a contract with a unit of State or local government as a result of a violation of Section 33E-3 or 33E-4 of the Criminal Code of 1961 (bid rigging or bid rotating). 5. The Contractor certifies, pursuant to the Illinois Human Rights Act(775 ILCS 512-105), that it has a written sexual harassment policy that includes, at a minimum, the following information: (1) the illegality of sexual harassment;(il)the definition of sexual harassment under State law;(iii)a description of sexual harassment utilizing examples:(iv)the Contractor's internal complaint process including penalties;(v)the legal recourse, investigation and complaint process available through the IL Dept.of Human Rights and the Human Rights Commission and directions on how to contact both; and (vi) protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act. A copy of the policy shall be provided to the Dept.of Human Rights upon request. 6. The Contractor shall abide by the'Employment of Illinois Workers on Public Works Act"(30 ILCS 570,sec 1 -7)which stipulates that whenever there is a period of excessive unemployment in Illinois,defined as any month immediately following two(2)consecutive months during which the level of unemployment in Illinois exceeds five percent(5%)as measured by the U.S. Bureau of Labor Statistics in its monthly publication of employment and unemployment figures, the Contractor shall employ only Illinois laborers unless otherwise exempted as so stated in the Act. (1 inois laborer"means any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident.) Other laborers may be used IF Illinois laborers are not available or are incapable of performing the particular type of work involved if so certified by the Contractor and approved by the project engineer and Illinois Department of Natural Resources. 7. The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U. S. Export Administration Act of 1979 or the regulations of the U.S.Department of Commerce promulgated under that Act. H. Project Costs Financial Records and Audit Re uirements 1. Project costs eligible for assistance shall be determined upon the basis of criteria set forth for the RTP grant as so specified in The National Recreational Trails Fund Act. 2. The Project Sponsor shall maintain, for a minimum of 3 years following project completion, satisfactory financial accounts,documents,and records associated with the project and the disbursement of grant funds pursuant to this Agreement,and shall make them available to the DNR,or the Illinois Auditor General,or the Attomey General for auditing at reasonable times. Failure by the Project Sponsor to maintain such accounts,documents,and records as required herein shall establish a presumption in favor of the Slate of Illinois for recovery of any funds paid by the State per this Agreement for which adequate records are not available to support their purported disbursement. 3. If the Project Sponsor(grantee)is a governmental entity AND receives$300,000 or more in grant funds or charges the grant$25,000 or more for Force Account labor or non-bid labor/material purchase costs, the grantee shall provide the Department with one of the following types of audits: a. An agency-wide financial and compliance audit for each year that grant expenditures are made. This audit should be conducted as part of the grantee's annual audit as is generally required by 1) State law(Le.,55 ILCS 516-3001 et seq. and 65 ILCS 518-8-1 et seq.),2)OMB Circular A-133,or 3)the grantee's own goveming body. b. A grant specific audit covering all funds expended under the terms of the grant. The audit(s) must be conducted by an independent certified public accountant, licensed by the State of Illinois and must be performed in accordance with generally accepted auditing standards adopted by the American Institute of Certified Public Accountants (AICPA). The local Project Sponsor (grantee) shall provide the DNR with all required audits within 30 days of the audits'completion and shall be responsible for procuring the required audit(s)In accordance with its normal procurement rules, providing these rules promote an open competitive procurement. (It Is important to inform the auditors that the RTP grant may involve both state and federal funding.) If the approved RTP project includes the use of Force Account labor,the grantee shall ensure[hat any audit required will include an internal control evaluation and opinion on the grantee's time and attendance allocation system. In addition,if the grantee uses materials purchased by means of a Central Procurement System and allocates a portion of those materials to the project (Force Account material claim), the audit must include testing and reporting on the allocation system used for tracking material use. If the grantee receives less than $300,000 in grant funds or charges the grant less than$25,000 for Force Account labor and/or non-bid Iabor/materfal purchase costs, the grantee will provide the Department with copies of any audits that report findings involving the RTP grant project. 4. The Project Sponsor(grantee)shall be responsible for timely action in resolving any financiallaudit findings or questioned project costs. In the event that questioned costs are ultimately deemed disallowed by the DNR or its representative, the grantee shall be responsible for repayment of any grant funds allocated toward such costs. 1. Use of Proiect Site(Operation&Maintenance} 1. Property acquired or developed with RTP grant assistance shall (1)be operated and maintained in a safe and attractive manner for the benefit of recreational trails use without regard to sex, race, color, religious belief, or national origin, nor on the basis of residence, except to the extent that reasonable differences in admission or user fees may be imposed,and(2)not be converted to a use that prohibits RTP recreational trails use as specified herein without written approval from the DNR. Specific actions regarded as conversions,although not inclusive, are as follows: a. The sale or exchange of ANY portion of the project site or granting of an easement,right-0f-way,or other such encumbrance on title which divests control of the project site from the Project Sponsor to another individual,group,agency,or entity. b. Any significant deviation from the approved project site plan OR change, alteration or disposition of the project site to other than recreational trails use unless specifically authorized in this Agreement or by the DNR. For projects receiving acquisition grant assistance, a covenant must be placed on the acquired property deed at the time of recording that stipulates the property will be available for public RTP use or the site wilt revert to the DNR. For projects receiving development grant assistance ONLY, terms of this Agreement shall no longer apply after the following specified time period relevant to the total amount of RTP grant funds expended on the approved project: TIME PERIOD AFTER TOTAL GRANT PAYMENT FINAL PROJECT BILLING $0 -$50,000 5 Years for every$10,000 increment over$50,000 add 1 year 2. The Project Sponsor may operate and/or construct appropriate facilities for disbursing food to the public and/or any other services as may be deemed necessary and appropriate, or may enter into a contract or agreement with responsible concessionaires to disburse food or provide any other service as may be desired by the public and the Project Sponsor to enhance recreational trails use of the project site. The lessee concessionaire or licensee providing such service at the project site shall not discriminate against any person or persons on the basis of race, color, creed, national origin, disability or place of residence in the conduct of its operation under the lease,license or concession agreement. 3. It is hereby agreed and understood by the Project Sponsor that any deviation or conversion of the project site from recreational trails use without DNR approval shall be considered a breach of this Agreement resulting in either (1) the repossession and disposition of all land and equipmentlmaterials purchased through the RTP grant or (2) the repayment of funds to the DNR equal to the original grant amount disbursed to the Project Sponsor or the property's certified fair market value at the time of non-compliance, whichever is deemed most appropriate by the DNR. J. Compliance Requirements and Certifications/Assurances 1. The Project Sponsor agrees to complete the project in accordance with all applicable federal, State and local laws,ordinances and regulations. 2. It is hereby agreed and understood by the Project Sponsor that the rules and regulations heretofore and hereinafter promulgated by the DNR relevant to the RTP grant as set forth in the National Recreational Trails Fund Act shall be considered a material part of this Project Agreement. K. Proiect Termination 1. The State may unilatera0y rescind this Project Agreement or the Project Sponsor may rescind the Agreement at any time prior to the commencement of the herein referenced project by way of written notification to the other party. A project shall be deemed commenced when the Project Sponsor makes any expenditure or incurs any obligation,exclusive of architectural/engineering fees,with respect to the project. 2. This Agreement may be terminated by either party upon written notice. In the event of termination by the DNR for failure to comply with material terms of this agreement, the Project Sponsor shall halt all work under this Agreement and cancel all outstanding obligations if so directed by the DNR. Project Sponsor shall pay for its share of eligible project costs incurred up to the date of termination. 3. Failure by the Project Sponsor to comply with any of the above cited Project Agreement terms shall be cause for the suspension of all grant assistance obligations thereunder,unless,in the judgment of the DNR, such failure was not due to the fault of the Project Sponsor. 4. The parties agree that in the event of a breach of this Agreement by the Project Sponsor and notification from the DNR, the Project Sponsor shall have thirty(30)days to cure or correct the breach. If the breach is not cured or corrected,the DNR shall thereafter have full right and authority to take such action as It deems necessary to enforce the provisions of this Agreement,to prevent the continued breach or violation thereof by the Project Sponsor,or to seek other remedy that may be available by law. 5. It is further agreed by the Project Sponsor, that in the event it is adjudicated by any court that its activities are deemed a breach or violation of this Agreement, as part of the relief awarded to the DNR, the Project Sponsor will reimburse the DNR for legal fees and all costs incurred by the DNR in the pursuit of its right under this provision. For purposes of this paragraph, "legal fees'shall be deemed to be the entire sum presented for payment by any attorney or law firm to the DNR relating to the claim of the DNR alleging the Project Sponsor's breach or violation. For purposes of this paragraph, 'costs"shall be deemed to be all these expenses,Including court costs,reasonably incurred by the DNR. 91 RTP Project Agreement-Dev. 10/06/10 STANDARD CERTIFICATIONS Vendor acknowledges and agrees that compliance with this section and each subsection for the term of the contract and any renewals is a material requirement and condition of this contract. By executing this contract Vendor certifies compliance with this section and each subsection and is under a continuing obligation to remain in compliance and report any non-compliance. This section,and each subsection,applies to subcontractors used on this contract. Vendor shall include these Standard Certifications in any subcontract used in the performance of the contract using the Standard Subcontractor Certification form provided by the State. If this contract extends over multiple fiscal years including the initial term and all renewals,Vendor and its subcontractors shall confirm compliance with this section in the manner and format determined by the State by the date specified by the State and in no event later than July 1 of each year that this contract remains in effect. If the Parties determine that any certification in this section is not applicable to this contract it may be stricken without affecting the remaining subsections. 1. As part of each certification,Vendor acknowledges and agrees that should Vendor or its subcontractors provide false information, or fail to be or remain in compliance with the Standard Certification requirements,one or more of the following sanctions will apply: • the contract may be void by operation of law, • the State may void the contract,and • the Vendor and it subcontractors may be subject to one or more of the following:suspension, debarment,denial of payment,civil fine,or criminal penalty. Identifying a sanction or failing to identify a sanction in relation to any of the specific certifications does not waive imposition of other sanctions or preclude application of sanctions not specifically identified. 2. Vendor certifies it and its employees will comply with applicable provisions of the U.S.Civil Rights Act, Section 504 of the Federal Rehabilitation Act,the Americans with Disabilities Act(42 U.S.C.§12101 et seq.)and applicable rules in performance under this contract. 3. Vendor certifies it is not in default on an educational loan(5 ILCS 385/3).This applies to individuals,sole proprietorships,partnerships and individuals as members of LLCs. 4. Vendor(if an individual,sole proprietor,partner or an individual as member of a LLC)certifies it has not received an(i)an early retirement incentive prior to 1993 under Section 14-108.3 or 16-133.3 of the Illinois Pension Code,40 ILCS 5/14-108.3 and 40 ILCS 5116-133.3,or(fi)an early retirement incentive on or after 2002 under Section 14-108.3 or 16-133.3 of the Illinois Pension Code,40 ILCS 5114-108.3 and 40 ILCS 5116-133, (30 ILCS 105/15a). 5. Vendor certifies it is a properly formed and existing legal entity(30 ILCS 50011.15.130,2043); and as applicable has obtained an assumed name certificate from the appropriate authority,or has registered to conduct business in Illinois and is in good standing with the Illinois Secretary of State. 6. To the extent there was a incumbent Vendor providing the services covered by this contract and the employees of that Vendor that provide those services are covered by a collective bargaining agreement,Vendor certifies(i)that it will offer to assume the collective bargaining obligations of the prior employer,including any existing collective bargaining agreement with the bargaining representative of any existing collective bargaining unit or units performing substantially similar work to the services covered by the contract subject to its bid or offer;and (ii)that it shall offer employment to all employees currently employed in any existing bargaining unit performing substantially similar work that All be performed under this contract(30 ILCS 500125-80). This does not apply to heating,air conditioning,plumbing and electrical service contracts. 7. Vendor certifies it has not been convicted of bribing or attempting to bribe an officer or employee of the State of Illinois or any other State, nor has Vendor made an admission of guilt of such conduct that is a matter of record(30 ILCS 500150-5). 8. If Vendor has been convicted of a felony,Vendor certifies at least five years have passed after the date of completion of the sentence for such felony,unless no person held responsible by a prosecutor's office for the facts upon which the conviction was based continues to have any involvement with the business(30 ILCS 500150-10). 9. If Vendor,or any officer,director,partner,or other managerial agent of Vendor,has been convicted of a felony under the Sarbanes-Oxley Act of 2002, or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953,Vendor certifies at least five years have passed since the date of the conviction. Vendor further certifies that it is not barred from being awarded a contract and acknowledges that the State shall declare the contract void if this certification is false(30 ILCS 500150-10.5). 10. Vendor certifies it is not barred from having a contract with the State based on violating the prohibition on providing assistance to the state in identifying a need for a contract(except as part of a public request for information process)or by reviewing, drafting or preparing solicitation or similar documents for the State(30 ILCS 500/50-10.5e). 11. Vendor certifies that it and its affiliates are not delinquent in the payment of any debt to the State(or if delinquent has entered into a deferred payment plan to pay the debt),and Vendor and its affiliates acknowledge the State may declare the contract void if this certification is false (30 ILCS 500150-11)or if Vendor or an affiliate later becomes delinquent and has not entered into a deferred payment plan to pay off the debt(30 ILCS 500150-60). 12. Vendor certifies that it and all affiliates shall collect and remit Illinois Use Tax on all sales of tangible personal property into the State of Illinois in accordance with provisions of the Illinois Use Tax Act(30 ILCS 500150-12)and acknowledges that failure to comply can result in the contract being declared void. 13. Vendor certifies that it has not been found by a court or the Pollution Control Board to have committed a willful or knowing violation of the Environmental Protection Act within the last five years, and is therefore not barred from being awarded a contract(30 ILCS 500150-14). 14. Vendor certifies it has not paid any money or valuable thing to induce any person to refrain from bidding on a State contract,nor has Vendor accepted any money or other valuable thing, or acted upon the promise of same,for not bidding on a State contract(30 ILCS 500150-25). 15. Vendor certifies it is not in violation of the"Revolving Door"section of the Illinois Procurement Code(30 ILCS 500150-30). 16. Vendor certifies that it has not retained a person or entity to attempt to influence the outcome of a procurement decision for compensation contingent in whole or in part upon the decision or procurement(30 ILCS 500150-38). 17. Vendor certifies if will report to the Illinois Attorney General and the Chief Procurement Officer any suspected collusion or other anti- competitive practice among any bidders,offerors, contractors, proposers or employees of the State(30 ILCS 500150-40,5045,50-50). 18. In accordance with the Steel Products Procurement Act,Vendor certifies steel products used or supplied in the performance of a contract for public works shall be manufactured or produced in the United States,unless the executive head ofthe procuring agency grants an exception(30 ILCS 565). 19. a) If Vendor employs 25 or more employees and this contract is worth more than$5000,Vendor certifies it will provide a drug free workplace pursuant to the Drug Free Workplace Act. b) If Vendor is an individual and this contract is worth more than$5000,Vendor shall not engage in the unlawful manufacture,distribution, dispensation, possession or use of a controlled substance during the performance of the contract(30 ILLS 580). 20. Vendor certifies that neither Vendor nor any substantially owned affiliate is participating or shall participate in an international boycott in violation of the U.S.Export Administration Act of 1979 or the applicable regulations of the U.S.Department of Commerce. This applies to contracts that exceed$10,000(30 ILCS 582). 21. Vendor certifies it has not been convicted of the offense of bid rigging or bid rotating or any similar offense of any state or of the United States(720 ILCS 5133 E-3,E4). 22. Vendor certifies it complies with the Illinois Department of Human Rights Act and rules applicable to public contracts,including equal employment opportunity,refraining from unlawful discrimination,and having written sexual harassment policies(775 ILCS 512-105). 23. Vendor certifies it does not pay dues to or reimburse or subsidize payments by its employees for any dues or fees to any'discriminatory club"(775 ILCS 2512). 24. Vendor certifies it complies with the State Prohibition of Goods from Forced Labor Act, and certifies that no foreign-made equipment, materials,or supplies furnished to the State under the contract have been or will be produced in whole or in part by forced labor,or indentured labor under penal sanction(30 ILCS.583). 25. Vendor certifies that no foreign-made equipment,materials, or supplies furnished to the State under the contract have been produced in whole or in part by the labor or any child under the age of 12(30 ILCS 584). 26. Vendor certifies that if is not in violation of Section 50-14.5 of the Illinois Procurement Code(30 ILCS 500!50-14.5)that states:"Owners of residential buildings who have committed a willful or knowing violation of the Lead Poisoning Prevention Act(410 ILCS 45)are prohibited from doing business with the State until the violation is mitigated". 27. Vendor warrants and certifies that it and,to the best of its knowledge, its subcontractors have andwill comply with Executive Order No.1 (2007). The Order generally prohibits Vendors and subcontractors from hiring the then-serving Governor's family members to lobby procurement activities of the State,or any other unit of government in Illinois including local governments if that procurement may result in a contract valued at over$25,000. This prohibition also applies to hiring for that same purpose any former State employee who had procurement authority at any time during the one-year period preceding the procurement lobbying activity. 28. Vendor certifies that information technology,including electronic information,software,systems and equipment,developed or provided under this contractwill comply with the applicable requirements of the Illinois Information Technology Accessibility Act Standards as published at www.dhs.state.il.usliitaa. (30 ILCS 587) 29. Vendor certifies that it has read,understands, and is in compliance with the registration requirements of the Elections Code (10 ILCS 5/9- 35)and the restrictions on making political contributions and related requirements of the Illinois Procurement Code(30 ILLS 504120-160 and 50-37). Vendor will not make a political contribution that will violate these requirements. These requirements are effective for the duration of the term of office of the incumbent Govemor or for a period of 2 years after the end of the contract term,whichever is conger. In accordance with section 20-160 of the Illinois Procurement Code,Vendor certifies as applicable: ❑ Vendor is not required to register as a business entity with the State Board of Elections. or ❑ Vendor has registered and has attached a copy of the official certificate of registration as issued by the State Board of Elections. As a registered business entity,Vendor acknowledges a continuing duty to update the registration as required by the Acl. VENDOR(show Company name and DBA) Signalure Printed Name Title Date Address TAXPAYER IDENTIFICATION NUMBER i certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding,and 3. t am a U.S.person(including a U.S.resident alien). • If you are an individual,enter your name and SSN as it appears on your Social Security Card. • if you are a sole proprietor, enter the owners name on the name line followed by the name of the business and the owners SSN or EIN. • Ifyou are a single-member LL that is disregarded as an entity separate from its owner, enter the owner's name on the name line and the d/b/a on the business name line and enter the owner's SSN or EIN. • If the LL is a corporation or partnership, enter the entity's business name and EIN and for corporations, attach IRS acceptance letter(CP267 or CP277). • For all other entities, enter the name of the entity as used to apply for the entity's EIN and the EIN. Name: Business Name: Taxpayer Identification Number: Social Security dumber or Employer Identification Number Legal Status(check one): ❑ Individual ❑Governmental ❑ Sole Proprietor ❑Nonresident alien ❑ Partnership ❑Estate or trust ❑ Legal Services Corporation ❑Pharmacy(Non-Corp.) ❑Tax-exempt ❑Pharmacy/Funeral Home/Cemetery(Corp.) ❑ Corporation providing or billing ❑Limited Liability Company(select applicable tax classification) medical and/or health care services ❑ D=disregarded entity ❑ C=corporation ❑Corporation NOT providing or billing ❑ P=partnership medical and/or health care services Signature: Date: Revision 6.10.09 Page 12 RECREATIONAL TRAILS GRANT PROGRAMS RTIDOC-3: DEVELOPMENT)EQUIPMENT PURCHASEDATA STATE OF ILLINOISIDEPT OF NATURAL RESOURCES (bevel Wmnt/Equipmentpurchoseprgectsonly) Project Sponsor: United City of Yorkville Project Title: Hopkins Park Nature Trail 1. ESTIMATED PROJECT DEVELOPMENT and/or EQUIPMENT PURCHASE COSTS Construction Method Development 1 Equipment Purchase Items Quantity Cost Estimate see below Trail clearing and grading 1 15,000.00 FA ADA Wood chip trail 2500 15,000.00 FA Benches and interpretive signage 1 20,000.00 FM Limestone overiooklsitting area wlpergota 1 35,000.00 FM Trail head&parking,50 LF asphalt entrance trail 1 34,000.00 C CPA Report Costs(Bike Path Projects ONLY) Potential Archeological Survey Work(-) 1 1,000.00 C TOTAL COST $120,000.00 C_Bid Conlract FA-Force Acct.Labor DM-Donated Material DL-Donated Labor NA—Not Applicable FM—Force Acct.Material Note The value of donated materials and donated(volunteer)labor are no eligible for reimbursement. 2 As applicable,attach a copy of the deed(s)showing proof of ownership or a copy of the lease agreement. (If the deed is less than•Warranty*such as"Trustees,or•Quit Claim,Deed,Title Insurance is REQUIRED.) ('] Projects may require the completion of an archaeological survey of the project site. Estimated costs for such a survey can be included in the proposed project budget. (see item 23 in the Environmental Assessment Statement(EAs)form] Does not apply to STEF Program Attachment#2-Project Boundary HOPKINS PARK Y°��Pur1Nac'e of HoplGns Park Nature Trail RECREATION TRAIL PROGRAM CONCEPTUAL SITE DESIGN MAIN STREET PARKING 37 � l 47 � A 15z 107 '^� BOUNDA LINE 07.3663 TERP P.j ENI t H1 n SITTING AR URE l FOX RIVER 927'44 GLEN D.PALMER AM ' p m. United City of Yorkville 1AC YppKy�E Yorkville Ports 6 Recreation Dept SCALE AS SHOWN BW Game Farm Road 201 W.Hydraulic St. RECREATION TRAIL 1 4 50' 200` Yorkville,Ul+toIs 6056U Yorkville,IDlrrols 60560 PROGRAM GRANT 0, FEBRUARY 24,20111 Telephone;630.553-8545 Telephone:630553-4341 DESIGN Fax:630-553.3436 6cRF.tIYaJ Fax:530-5534347 DRAWN BY:LAURA SCHRAW NORTH HOPKINS PARK RECREATIONAL TRAIL GRANT CONCEPTUAL SITE DESIGN MAIN STREE7�- _ -- PARKING ROUTEs•r _ - - --- ---_--___ -�- - _ I NCH[TYP.) I b IPAWROPFRTY LIBERTY ST, 61,94 A ESy ED I NATURE TRAIL SIGNAGE 4TY✓')� � -- � - - $�ENIC OVERLOOK � �1JR PARCEL 1�4.4(i RCRESI � ^.1111 - SITTING AREA ` �. / I NATURE 3RAJ _ I + I I I I I I I I II I I I United City of Yorkville yoWVVLE Yorkville Parks&Recreation Dept SCALE 1X50'0' 800 Game Farm Road 201 W.Hydraulic St. Yorkville,Illinois 60560 Yorkville,Illinois 60560 CONCEPTUAL PLAN FEBRUARY 24,2011 ` Telephone:630.553.8545 Telephone:630.553-4341 Fax:630-553-3436 p+ S8 c ir4xJ Fax:630-553-4347 DRAWN BY:LAURA SCHRAW NORTH 0 CIP Reviewed By: Agenda Item Number J� $ 06 Legal El CA#6 Finance ❑ ESL -� 1836 Engineer ■ -_� City Administrator E] Tracking Number .4 City y Human Resources El� wn sw _© Community Development ❑ PW 2012-53 � Police F-1 Public Works ❑ Agenda Item Summary Memo Title: Rush-Copley—Phase I Meeting and Date: City Council— September 25, 2012 Synopsis: LOC Release Consideration Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Consideration of Approval Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: Memorandum To: Bart Olson, City Administrator EST. �sss From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. <C Ec° Lisa Pickering, Deputy City Clerk Date: September 5, 2012 Subject: Rush-Copley—Phase 1 Backl4round The City Council accepted the public improvements for the above referenced project on October 25, 2011. Accordingly, the letters of credit were reduced to 10% of their original value per City Code for the one year warranty period. We have recently visited the project site and have found all items to be in acceptable condition. Therefore we are recommending release of Old Second Bank LOC #60101002503 ($110,609.69) which was in place for the Phase 1 Sitework and Old Second Bank LOC #2987 ($102,607.51) that was in place for the Phase 1 Healthcare Center facility. Proposed Action At this time, we ask that the Committee and ultimately the City Council consider approving the release of the letters of credit. If you have any questions or require additional information,please let us know. 'J�'` ,� United City of Yorkville EST. ENO 1836 County Seat of Kendall County 800 Game Farm Road j11 Yorkville, Illinois, 60560 'A,. -„ 0 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us December 14, 2011 Scott Vickers Old Second National Bank 1200 Douglas Road Oswego, IL 60543 Re: Rush-Copley Phase 1 Letter of Credit 460101002503 Rush-Copley Phase 1 Letter of Credit#2987 Dear Mr. Vickers, At their meeting on October 25, 2011,the Yorkville City Council accepted the improvements as noted in the Bill of Sale for Rush-Copley Phase 1. The City Council also approved a reduction to a letter of credit for Rush-Copley Phase 1. Old Second Letter of Credit#60101002503 was reduced by the amount of$110,609.69. The remaining letter of credit amount should be$104,613.80,which will remain in effect until the expiration of the one year warranty period on October 25, 2012. At their meeting on December 13,2011,the Yorkville City Council approved a reduction for the Rush-Copley Phase 1 Letter of Credit#2987. Letter of Credit#2987 was reduced by the amount of $149,804.42. The remaining letter of credit amount should be $102,607.51,which will remain in effect until the expiration of the one year warranty period on October 25, 2012. Sincerely, zz4 �_tz� Beth Warren City Clerk 0 CIP Reviewed By: Agenda Item Number J� $ 06 Legal El CA#7 Finance ❑ ESL -� 1836 Engineer ■ -_� City Administrator E] Tracking Number .4 City y Human Resources El� wn sw _© Community Development ❑ PW 2012-54 � Police F-1 Public Works ❑ Agenda Item Summary Memo Title: 2012 MFT Maintenance Program Meeting and Date: City Council — September 25, 2012 Synopsis: Consideration of Change Order Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Approval Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: Memorandum To: Bart Olson, City Administrator EST. _ 1836 From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. <C Ec° Lisa Pickering, Deputy City Clerk Date: September 5, 2012 Subject: 2012 MFT Maintenance Program Backl4round The contract was awarded to D Construction, Inc. in the amount of$30,247.10 at the August 28, 2012 City Council Meeting. The City Council previously approved a resolution authorizing expenditures up to $50,000 at the June 26, 2012 meeting. Proposed Action Attached, please find a change order for additional patching work to be performed along Kennedy Road up to the authorized amount. The work is proposed to take advantage of the good bid prices that were received. At this time, we ask that the Committee and ultimately the City Council to consider approving the Change Order. If you have any questions or require additional information, please let us know. CHANGE ORDER Order No. 1 Date: September 5, 2012 Agreement Date: NAME OF PROJECT: 2012 MFT (12-00000-00-GM) OWNER: United City of Yorkville CONTRACTOR: D Construction, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: 1) Addition of Class D Patches, 4" 245 SY @ $30.00/SY $7,350.00 2) Addition of Hot-Mix Asphalt Surface Removal, 2" 900 SY @ $3.00/SY $2,700.00 3) Addition of Hot-Mix Asphalt Surface Course, Mix "C", N50 104 Ton @ $93.00/Ton $9,672.00 4) Addition of Bituminous Materials (Prime Coat) 90 Gallon @ $0.01/Gallon $0.90 5) Addition of Aggregate (Prime Coat) 2 @ $0.01/Ton $0.02 Change of CONTRACT PRICE: Original CONTRACT PRICE: $ 30,247.10 Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S) $ 30,247.10 The CONTRACT PRICE due to this CHANGE ORDER will be (increased)(d°Ga�a) by: $ 19,722.92 The new CONTRACT PRICE including this CHANGE ORDER will be $ 49,970.02 Justification: 1-5) Existing pay items that are adjusted to increase quantity to match available funds. C:\Users\Mostreko\Desktop\Change Order 1.doc Change to CONTRACT TIME: The contract time is increased/^'°^�sed by 0 days. Requested by: D. Construction, Inc. Recommended by: Engineering Enterprises, Inc. Accepted by: United City of Yorkville C:\Users\Mostreko\Desktop\Change Order 1.doc `� 13 fry Reviewed By: �� �•s► Legal Agenda Item Number Finance ❑ CA#8 EST. -� _ 1838 Engineer ❑ City Administrator 0 Human Resources ❑ Tracking Number Community Development PW 2012-56 A ��' Police F-1 LE Public Works 0 Parks and Recreation ❑ Agenda Item Summary Memo Title: Briarwood Subdivision—Cornerstone Development Group Proposal Meeting and Date: City Council— September 25, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Sept 18, 2012 Action Taken: PW Committee recommends approval 4-0 Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator ' CC: Date: September 19, 2012 Subject: Briarwood subdivision—Cornerstone Development Group Proposal JILL �►�. Summary Approval of an agreement for completion of the Briarwood subdivision in exchange for early City acceptance of subdivision infrastructure. Background This item was last discussed by the Public Works Committee at the September 18`x' meeting. At that meeting, the committee recommended unanimous approval of proposal by the developer of the Cornerstone subdivision to complete the subdivision infrastructure in exchange for early acceptance of the infrastructure by the City. Packet materials from that meeting are attached. The developer has requested a formal agreement be approved by the City Council, and has drafted the attached two-page agreement; the attached agreement was not reviewed by the Public Works Committee. Attorney Orr has reviewed the agreement and found it to be acceptable. Recommendation Staff recommends approval of the agreement with the Cornerstone/Briarwood developer. Ordinance No. 2012- ORDINANCE APPROVING AN AGREEMENT FOR SUBDIVSION IMPROVEMENT COMPLETION AND EARLY MUNICIPAL ACCEPTANCE (Briarwood/Cornerstone Subdivision) WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City"), is a municipality organized and existing under the Illinois Constitution of 1970; and WHEREAS, Prism Development Associates, Inc. (the "Developer") is seeking the City's early acceptance of subdivision improvements; and WHEREAS, the City and Developer have worked cooperatively over the past several years to identify the outstanding required Subdivision improvements to be completed by Developer to be in compliance with City requirements; and WHEREAS, the City Council has determined that it is in the best interest of City to accept subdivision improvements subject to the provisions set forth in the agreement attached hereto as Exhibit "A„ NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Agreement for Subdivision Improvement Completion and Early Municipal Acceptance by and between the United City of Yorkville and Prism Development Associates, Inc. is hereby approved in the form attached hereto and presented to this meeting and the Mayor and City Clerk are hereby authorized to execute same. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2012. CITY CLERK Ordinance No.2012- Page 1 ROSE ANN SPEARS DIANE TEELING KEN KOCH JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2012. MAYOR Ordinance No.2012- Page 2 BRIARWOOD/CORNERSTONE SUBDIVSION IMPROVEMENT COMPLETION AND EARLY MUNICIPAL ACCEPTANCE AGREEMENT. This agreement ("Agreement") is made and entered into this day of , 2012 by and between the United City of Yorkville, an Illinois municipal corporation("City") and Prism Development Associates, Inc., an Illinois corporation ("Developer") WHEREAS, the City is a municipality organized and existing under the Illinois Constitution of 1970; and WHEREAS, the Developer is the owner of three (3) lots located in the Briarwood/Cornerstone Subdivision located at the northwest corner of Illinois Route 47 and Green Briar Road in Yorkville, Illinois ("Subdivision"); and WHEREAS, in 2004 the Developer undertook development of the Subdivision improvements which remain unfinished to date; and WHEREAS, the City and Developer have worked cooperatively over the past several years to identify the outstanding required Subdivision improvements to be completed by Developer to be in compliance with City requirements; and WHEREAS, the Developer and City agree that upon completion of the outstanding punch list items as specified below the City will accept the Subdivision and public improvements and release the existing public improvement bonds as specified herein; and NOW THEREFORE, in consideration of the foregoing premises and in further consideration of the mutual covenants, conditions and agreements herein contained, Developer and City hereby agree as follows: I. Incorporation of Recitals. The recitals contained in the preamble hereto are material and are hereby incorporated as part of the Agreement. Developer and City shall fully cooperate with each other in carrying out the terms of this Agreement. Both parties represent that they have full authority to enter into this Agreement pursuant to applicable law. 2. On or before June 30, 2013, Developer shall perform all work necessary to complete the outstanding punch-list items, which are identified and incorporated herein as Exhibit "A" ("Punch List"), in accordance with satisfaction of City codes. 3. Subject to Developer's completion of the Punch List as determined pursuant to City inspection, the City shall on or before July 31, 2013 accept the Subdivision improvements and release all public improvement bonds or letters of credit ("Existing Surety") for subdivision improvements being held by the City in the current amount of $477,576.49, and the City shall not thereafter require the subsequent posting of security for public improvements other than as specified in paragraphs 4 below. 4. Simultaneously with the City's release of the Existing Surety, the Developer shall post a maintenance bond in the amount of$155,000.00 for a term of twelve months from the date of the City's acceptance of the Subdivision improvements. At the expiration of the twelve month maintenance bond period, the City shall release the $155,000.00 maintenance bond and retain a bond in the amount of$50,000 for a period of up to five years as surety for parkway trees and sidewalks in the event that the individual home builders fail to install said parkway trees and sidewalk. Upon the City's release of the Existing Surety and maintenance bond,the Developer will post surety acceptable to the City in the amount of$50,000 for a period of five years from the date of the City's release of the maintenance bond to complete the sidewalks or parkway trees. Upon expiration of the five year term,the $50,000 sidewalk and parkway tree surety shall be released by the City to the Developer. 5. The terms of this Agreement shall supersede and control over any conflicting terms, conditions or provisions of the Subdivision annexation agreement of the City's Municipal Code. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their proper officers duly authorized to execute same, the day and year first written above. UNITED CITY OF YORKVILLE, PRISM DEVELOPMENT ASSOCIATES, INC. An Illinois municipal corporation An Illinois corporation By: By: Its: Mayor Its: Attest: Its: City Clerk T- q11 August 21, 2012 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Cornerstone/Briarwood United City of Yorkville Kendall County, Illinois Ms. Noble: On August 2nd and 8th, representatives of EEI and the City performed a punch list inspection of the above referenced project. A summary of the punch list items is as follows: General 1. Record drawings have been submitted and comments will be provided under separate cover. Once the record drawings are approved, two full-size prints and a digital copy to be imported into the City's Base Map and GIS System will need to be provided. 2. All miscellaneous debris piles, including small topsoil stockpiles need to be removed from the site. Roadway 3. The roadway signage on Cornerstone at Westwind Drive and Wood Sage Avenue needs to be installed. 4. All lots, when built upon, will be required the sidewalk to be constructed. 5. All curbs must be backfilled. 6. We have identified and field marked curb and gutter for removal and replacement. 7. Stormwater does not appear to drain to the inlets located in the eyebrow of Westwind Drive. Grades should be confirmed. Road,52 Wheeler Sugar Grove, 60554 • 1 466-6700 • 1 466-6701 fax — www.eeiw'• • Ms. Krysti Barksdale-Noble August 21, 2012 Page 2 8. We have field marked asphalt binder course that will need to be removed and replaced prior to the placement of the surface course. 9. The bituminous surface course needs to be installed. Storm Sewer 10. Fillets need to be installed and/or repaired at the following structures: 424, 428B, 334, 336, 242, 240, 238, 234, 218, 320, 324, 328, 330, 330A. 11. The broken extension ring on structure 330 needs to be removed and replaced. 12. All storm sewers need to be televised and the subsequent tapes/logs submitted for review. 13. Rungs need to be added to structures 220, 410 and 424B. 14. Adding soil/regrading needs occur around end sections 200, 247, 300, 400, 500 and 502. 15. Rip rap needs to be placed around structures 200, 300 and 400. 16. Debris needs to be removed from structures 218 and 220. 17. The lid on structure 406 needs to be replaced with "City of Yorkville Storm". 18. The end section at structure 500 is not per plan. This needs to be corrected. 19. The restrictor openings at structures 246 and 431 are not per plan. This needs to be corrected. 20. Structure 406 has over 2' of adjusting rings. 8" maximum is allowed. Remove rings and add barrel section. Sanitary Sewer 21. A step needs to be added in Manhole 414. In addition the debris needs to be removed. 22. The sanitary sewer trench that runs to Route 47 has settled and needs to be backfilled. 23. Marking posts for the sanitary services need to be reinstalled. Water 24. FH 620 is located 8' from back of curb to center of hydrant. The hydrant should be relocated 2- 3' from back of curb per plan. In addition, provide for full 18" swing. 25. The chain on structure 623 needs to be repaired. 26. Structure 601 needs to be adjusted to final grade. Ms. Krysti Barksdale-Noble August 21, 2012 Page 3 27. Marking posts for the water services need to be reinstalled. Landscaping 28. Within the rear yards of lots 33-39, there is a large area that appears to be holding water. Storm sewer does exist in the area. The area need to be investigated and possibly regraded to provide for positive drainage. 29. The berm located along the eastern boundary of the residential portion of the development appears to be too steep and may need to be regarded. The slopes of the berm need to be confirmed. 30. There appears to be landscaping encroaching into the detention basin. Notices have been provided to the homeowner, but the situation remains unresolved. 31. All non-approved trees that are growing with the detention basins need to be removed. 32. Current monitoring reports for the retention basins need to be provided. 33. Three trees installed on the south berm, west of Cornerstone Dr, appear to be dead. These should be removed and replaced with same species. 34. All lots, when built upon, will be required to plant the appropriate number of parkway trees from the City's Approved Parkway Tree List in effect at the time of build-out. Reference "Final Overall Landscape Plans" in engineering plans for specific locations, quantity, and species. Once the above noted items have been completed, EEI will conduct an additional inspection. If you have any questions or if you require additional information, please call. Very truly yours, ENGINEERING ENTERPRISES, INC. Braley~P. Sanderson, P.E. Vice President BPS/dm pc: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Lisa Pickering, Deputy Clerk Mr. Gerald Dill, Triangle Investments Mr. Vincent M. Rosanova, Rosanova &Whitaker, Ltd. JWF, EEI G:\Public\Yorkville\2012\YO1210-DR Briarwood\Docs\YO1210-DR Punchlist Final.dou top August 21, 2012 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Cornerstone Subdivision — Record Drawings United City of Yorkville Kendall County, Illinois Ms. Barksdale-Noble; We have completed the review of the record drawings for above reference project prepared by SEC Group, Inc., consisting of 17 sheets, dated October 27, 2009. We offer the following comments: 1. The following inverts and/or pipe slopes should be confirmed/revised: • Storm sewer from 404 to 402 (page 5) • Storm structure 424 (page 5) • Sanitary MH 408 (page 5) • Storm sewer from 236 to 238 (page 7) • Storm sewer run 237 (page 10) 2. Stormwater does not appear to drain to the inlets located in the eyebrow of Westwind Drive. Grades should be confirmed. 3. The berm located along the eastern boundary of the residential portion of the development appears to be too steep and may need to be regarded. The slopes of the berm need to be confirmed. Road,52 Wheeler •. • - IL 60554 1) 466-6700 tel — (630) 466-6701 fax — www.eeiw-• • Ms. Krysti Barksdale-Noble August 21, 2012 Page 2 Please make the necessary changes and provide two (2) signed and sealed copies of the plans, as well as digital copies of the plans for the importation into the City's Base Map and GIS System. If you have any questions, comments, or require any additional information, please contact my office. Very truly yours, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President BPS/jam pc: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Lisa Pickering, Deputy Clerk Mr. Gerald Dill, Triangle Investments Mr. Peter Huinker, P.E., HR Green Mr. Vincent M. Rosanova, Rosanova &Whitaker, Ltd. JWF, EEI G:\Public\Yorkville\2012\Y01210-DR Briarwood\Docs\Record Drawing Review01.doc Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator CC: Date: September 12, 2012 Subject: Cornerstone development proposal LJILL E�% Summary A proposal for subdivision completion and early acceptance from the Comerstone/Briarwood subdivision developer. Background This item was last discussed by the Public Works Committee in November 2010. Minutes from that meeting are attached. At that meeting, the developer was seeking a bond reduction from completed work, and was seeking to move towards acceptance of the subdivision infrastructure, even though City codes require 75% of a subdivision be completed prior to City acceptance. Cornerstone currently has 6 homes out of 41 built. At that time, the Committee was not interested in the early acceptance of the subdivision. With the recent renewed interest by the City Council in cleaning up development issues, the Cornerstone developer has continued to work with City staff to complete the outstanding punch list items and work towards early City acceptance of the subdivision improvements. Staff has been consulting with the developer for the past several months to update punch lists and to affirm the developer's current offer to complete the punchlist in exchange for early acceptance of infrastructure. A proposal is on the table to complete the outstanding punchlist with one change related to security for parkway trees and sidewalks. Proposal The Cornerstone development currently has $477,576 in security bonds outstanding to complete the remaining punchlist items. The punchlist for the subdivision is attached. The developer has agreed to complete all items on the punchlist except for installation of sidewalks and parkway trees, in exchange for the City accepting the subdivision immediately after completion. Upon completion of the punchlist items, the outstanding security bond will be reduced from $477,576 to $155,030 for a period of one year after completion of the punchlist items which request is consistent with City code (Warranty Period). Upon the expiration of the warranty period, the City would release the warranty bond and retain a sidewalk and parkway tree bond in the amount of$50,000 as specified below. The parkway trees and sidewalks represent a unique issue among infrastructure because they are a developer obligation, but are almost never installed until time of home construction and are usually installed by the homebuilder. However, in most subdivisions in Yorkville this obligation is either explicitly transferred to the builder whenever the builder purchases the lot from the developer, or the obligation is moot because the builder and the developer are the same entity. In Cornerstone's case, the subdivision developer only owns 3 out of the remaining 35 lots and no transfer of parkway trees and sidewalk obligations ever took place between the developer and current lot owners. Thus, the developer still has a bond amount with the City to complete parkway trees and sidewalks. The City's preference is that the parkway trees and sidewalks not get installed until home construction, as earlier installation is likely to result in the items being destroyed during the home construction process. The developer's proposal for sidewalks and parkway trees would be to remove those items from the traditional acceptance process and retain a bond amount for future installation of the parkway trees for a period of five (5) years after completion of the punch list items if the individual builders fail to install the sidewalk and parkway trees. Upon the expiration of the five (5) year period, the $50,000 sidewalk and parkway tree bond would be released by the City. The developer would complete all other items on the punchlist, the City would verify the items are complete and move into the warranty period, and then the City would accept the infrastructure at the end of the warranty period(except for the sidewalk and parkway trees). Prior to the City releasing the maintenance bond, the developer would post a letter of credit or bond with the City equal to $50,000 in the event that the lot owners/builders fail to complete the sidewalks and parkway trees within said five (5) year period. The reason staff and the developer have proposed $50,000is because the developer is at a point that it cannot afford to continue to carry a bond equal to the full value of the parkway trees and sidewalks (approximately$100,000), and to call the bond and/or litigate the bond call would cost the City tens of thousands of dollars. So, the middle ground of$50,000 of value of the parkway trees and sidewalks is proposed. Recommendation While staff cautions against the long term maintenance cost of early acceptance of subdivision infrastructure, the partially completed infrastructure in all unfinished subdivisions can be even more expensive to the City to stabilize and complete when a developer goes under or when security bond values are eclipsed by the increasing cost of infrastructure each year. In several cases around the City, we have seen bonds put up by developers in 2004 cover only a fraction of the cost of incomplete infrastructure in 2012. For these reasons,we recommend the City accept the infrastructure as soon as it is completed by the developer, even if the subdivision is less than 75%built out and the parkway trees and sidewalks are not completed and bonded at $50,000. 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 promise 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. Alderman 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 time, 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 HRGreen September 12, 2012 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Cornerstone Subdivision— Punch List Project No. 88120394 Dear Ms. Noble: We have reviewed the punchlist items with the developer. It is our request that if these items are completed that the current bond will be released and the subdivision be placed in a maintenance bond. We offer the following responses to the comments in the letter prepared by your consultant EEI, dated August 21, 2012. Comment 1: The following inverts and/or pipe slopes should be confirmed/revised: • Storm sewer from 404 to 402 (page 5) • Storm structure 424 (page 5) • Sanitary MH 408 (page 5) • Storm sewer from 236 to 238 (page 7) • Storm sewer run 237 (page 10) Response 1: We will re-survey those structures to verify elevations and slopes. Comment 2: Stormwater does not appear to drain to the inlets located in the eyebrow of Westwind Drive. Grades should be confirmed. Response 2: A portion of the curb in the eyebrow area will need to be removed and replaced (approximately 75 feet). Comment 3: The berm located along the eastern boundary of the residential portion of the development appears to be too steep and may need to be regraded. The slopes of the berm need to be confirmed. Response 3: It appears that the areas that are steep were adjacent to the temporary stockpiles that have been removed. These areas will be filled and regraded and seeded. HRGreen.com Phone 630.553.7560 Fax 630.553.7646 Toll Free 800.728.7805 651 Prairie Pointe Drive,Suite 201,Yorkville,Illinois 60560 Ms. Krysti Barksdale-Noble United City of Yorkville Cornerstone Subdivision—Punch List Project No.88120394 September 12,2012 Should you have any questions, please contact me. My direct line is 630-708-5003. Sincerely, HR Green, Inc. Veterinker, P.E. LEED AP Operations Manager PJH/jmk cc: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Lisa Pickering, Deputy Clerk Mr. Gerald Dill, Triangle Investments Mr. Vincent M. Rosanova, Rosanova&Whitaker, Ltd. JWF, EEI \\h rgyvnas\Data\88120394\Desig n\Corr\Ilr-com ment-091212-noble.docx HRGreen.com HRGreen September 12, 2012 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 RE: Cornerstone Subdivision—Punch List Project No. 88120394 Dear Ms. Noble: We have reviewed with the developer, the comments in the letter prepared by your consultant EEI, dated August 21, 2012. Below is a point by point response to that letter: General Comment 1: Record drawings have been submitted and comments will be provided under separate cover. Once the record drawings are approved,two full-size prints and a digital copy to be imported into the City's Base Map and GIS System will need to be provided. Response 1: This information will be provided once the record drawings have been approved. Comment 2: All miscellaneous debris piles, including small topsoil stockpiles need to be removed from the site. Response 2: The developer has agreed to remove the piles on the lots that he currently owns. The remainder of the piles will need to be addressed by the current property owners. Roadway Comment 3: The roadway signage on Cornerstone at Westwind Drive and Wood Sage Avenue needs to be installed. Response 3: The developer has agreed to provide the funding to the City for the installation of the signs. Comment 4: All lots, when built upon, will require the sidewalk to be constructed. HRGreen.conn Prone 630.553.7560 Fax 630.553.7646 Toll Free 800.728.7805 651 Prairie Pointe Drive,Suite 201,Yorkville,Illinois 60560 Ms. Krysti Barksdale-Noble United City of Yorkville Cornerstone Subdivision—Punch List Project No.88120394 September 12,2012 Response 4: Noted, if is our understanding this will be the responsibility of the lot owner to install during home construction. Comment 5: All curbs must be backfilled. Response 5: The developer has agreed to backfill the curb that has not already been completed. Comment 6: We have identified and field marked curb and gutter for removal and replacement. Response 6: We have walked the curb marked in the field with Public works and propose that approximately 400 feet of curb will need to be removed and replaced and the remaining 200 feet of curb that was marked will be repaired with an approved epoxy fill. Comment 7: Stormwater does not appear to drain to the inlets located in the eyebrow of Westwind Drive. Grades should be confirmed. Response 6: It has been identified that there will be some curb removal and replacement in this area to provide positive slope to the storm inlet. Comment 8: We have field marked asphalt binder course that will need to be removed and replaced prior to the placement of the surface course. Response 8: We have measured those pavement markings to be approximately 625 square yards of pavement removal and replacement needed. Comment 9: The bituminous surface course needs to be installed. Response 9: Agreed. Storm Sewer Comment 10: Fillets need to be installed and/or repaired at the following structures: 424, 4286, 334, 336, 242, 240, 238, 234, 218, 320, 324, 328, 330, 330A. HRGreen.com Ms. Krysti Barksdale-Noble United City of Yorkville Cornerstone Subdivision—Punch List Project No.88120394 September 12,2012 Response 10: Will install/replace. Comment 11: The broken extension ring on structure 330 needs to be removed and replaced. Response 11: Will remove and replace. Comment 12: All storm sewers need to be televised and the subsequent tapes/logs submitted for review. Response 12: Will provide the tapes for review. Comment 13: Rungs need to be added to structures 220, 410 and 4248. Response 13: Will add as requested. Comment 14: Adding soil/regrading needs occur around end sections 200, 247, 300, 400, 500 and 502. Response 14: Will add/regrade as requested. Comment 15: Rip rap needs to be placed around structures 200, 300 and 400. Response 15: Will be placed. Comment 16: Debris needs to be removed from structures 218 and 220. Response 16: Will be removed. Comment 17: The lid on structure 406 needs to be replaced with "City of Yorkville Storm". Response 17: Will be removed and replaced. HRGreen.com Ms. Krysti Barksdale-Noble United City of Yorkville Cornerstone Subdivision—Punch List Project No.88120394 September 12, 2012 Comment 18: The end section at structure 500 is not per plan. This needs to be corrected. Response 18: Will be corrected. Comment 19: The restrictor openings at structures 246 and 431 are not per plan. This needs to be corrected. Response 19 Will be installed. Comment 20: Structure 406 has over 2' of adjusting rings. 8" maximum is allowed. Remove rings and add barrel section. Response 20: Will remove rings and replace with barrel section. Sanitary Sewer Comment 21: A step needs to be added in Manhole 414. In addition the debris needs to be removed. Response 21 Will add the step and remove debris. Comment 22: The sanitary sewer trench that runs to Route 47 has settled and needs to be backfilled. Response 22: Currently being farmed. Will fill in if needed. Comment 23: Marking posts for the sanitary services need to be reinstalled. Response 22: Will install posts. Water Comment 24: FH 620 is located 8'from back of curb to center of hydrant. The hydrant should be relocated 23' from back of curb per plan. In addition, provide for full 18" swing. HRGreen.com I Ms. Krysli Barksdale-Noble United City of Yorkville Cornerstone Subdivision—Punch List Project No.88120394 September 12, 2012 Response 24: Per the follow up e-mail from EEI, the hydrant will only need to be raised and not relocated. Comment 25: The chain on structure 623 needs to be repaired. Response 25: Will repair as requested. Comment 26: Structure 601 needs to be adjusted to final grade. Response 26: Will adjust as requested. Comment 27: Marking posts for the water services need to be reinstalled. Response 27: Will reinstall as requested. Landscaping Comment 28: Within the rear yards of lots 33-39,there is a large area that appears to be holding water.Storm sewer does exist in the area. The area need to be investigated and possibly regraded to provide for positive drainage. Response 28: We will be providing temporary pvc connections to connect to the existing storm sewer. Currently the rims on the manholes are higher than the adjacent ground. Once the lots are built with homes, the temporary drains can be removed. Comment 29: The berm located along the eastern boundary of the residential portion of the development appears to be too steep and may need to be regarded. The slopes of the berm need to be confirmed. Response 29: This area will be filled and seeded. Comment 30: There appears to be landscaping encroaching into the detention basin. Notices have been provided to the homeowner, but the situation remains unresolved. Response 30: It is our understanding that this area is from an existing resident, who the City will coordinate with. HRGreen.com Ms. Krysti Barksdale-Noble United City of Yorkville Cornerstone Subdivision—Punch List Project No. 88120394 September 12,2012 Comment 31: All non-approved trees that are growing with the detention basins need to be removed. Response 31: The unapproved trees will be removed. Comment 32: Current monitoring reports for the retention basins need to be provided. Response 32: No monitoring reports are available, but a current report will be provided regarding the existing facilities. Comment 33: Three trees installed on the south berm,west of Cornerstone Dr. appear to be dead. These should be removed and replaced with same species. Response 33: Will remove and replace as requested. Comments 34: All lots,when built upon,will be required to plant the appropriate number of parkway trees from the City's Approved Parkway Tree List in effect at the time of build-out. Reference"Final Overall Landscape Plans" in engineering plans for specific locations,quantity, and species. Response 34: Noted, it is our understanding that he trees will be installed by the individual lot owners when the homes are built. Should you have any questions, please contact me. My direct line is 630-708-5003. Sincerely, HR G c. Peter J. Huinker, P.E. LEED AP Operations Manager PJH/jmk cc: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Lisa Pickering, Deputy Clerk Mr. Gerald Dill, Triangle Investments Mr. Vincent M. Rosanova, Rosanova &Whitaker, Ltd. JWF, EEI Ni rgyvnas\Data188120394\Desig n\CorrVtr-comme nt-091212-noble2.docz HRGreen.com 0 CIP Reviewed By: Agenda Item Number J� 6 Legal ❑ Minutes #1 EST. 1&36 Finance El Engineer ❑ Tracking Number Gy City Administrator El r� �! �© Consultant El CC 2012-67 Agenda Item Summary Memo Title: Minutes of the City Council—August 28, 2012 Meeting and Date: City Council 9/25/12 Synopsis: Approval of minutes. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: City Clerk Warren Name Department Agenda Item Notes: DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,AUGUST 28,2012 Mayor Golinski called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL City Clerk Warren called the roll. Ward I Colosimo Present Ward II Milschewski Present Kot Present Ward III Munns Present Funkhouser Present Ward IV Spears Present Teeling Present Also present: City Clerk Warren, City Attorney Orr, City Administrator Olson,Police Chief Hart,Deputy Chief of Police Hilt,Public Works Director Dhuse,Finance Director Fredrickson,EEI Engineer Morrison, Community Development Director Barksdale-Noble,Director of Park and Recreation Schraw QUORUM A quorum was established. AMENDMENTS TO THE AGENDA Alderman Teeling requested that Item#10 on the Consent Agenda, Code Amendments(PS 2012-21),be moved to the regular agenda under the Public Safety Committee Report. Mayor Golinski added the Pesola Media Group discussion to go under presentations. Amendment approved unanimously by a viva voce vote. PRESENTATIONS Pesola Media Group Jason Pesola,resident,from Pesola Media Group gave a presentation in regards to developing a Yorkville centered creative campaign to help draw people to the community of Yorkville. (See attached.) PUBLIC HEARINGS REC Center Purchase Mayor Golinski opened up the third public hearing for the Rec Center.Bob Mayes,resident since 1962, spoke in favor of the Rec Center. Lisa Peterson,Adrian Street, spoke against the purchase of the Rec Center.Mayor Golinski closed public hearing. CITIZEN COMMENTS None. CONSENT AGENDA I. Bills for Payment-$1,200,040.31 (CC 2012-57) 2. Resolution 2012-22 Approving a Plat of Vacation for Swanson Lane Estates Planned Unit Development and Plat of Subdivision—authorize Mayor and City Clerk to execute (EDC 2012- 34) 3. Disposal of City Property—authorize Police Department to dispose of equipment listed on the attached inventory (PS 2012-19) 4. Ordinance 2012-23 Authorizing the Purchase of Lightning Detectors —authorize Mayor and City Clerk to execute(PS 2012-16) 5. Recommendation of Award for the 2012 MFT Maintenance Program—award contract to D Construction, Inc. in an amount not to exceed$30,247.10(PW 2012-35) 6. Appointment of FOIA Officer—Jeff Weckbach(ADM 2012-44) 7. Water Department Reports for May and June 2012 (PW 2012-46) 8. Banking Request for Proposals—authorize staff to issue a request for proposals for banking services for the City beginning November 1, 2012 (ADM 2012-45) 9. Treasurer's Report for July 2012 (ADM 2012-46) 10. Ordinance 2012-24 Indemnifying Administrative Hearing Officers—authorize Mayor and City Clerk to execute(COW 2012-04) 11. Resolution 2012-23 to Release Closed Session Minutes—authorize Mayor and City Clerk to execute (CC 2012-58 ) The Minutes of the Regular Meeting of the City Council—August 28, 2012—Page 2 of 5 Mayor Golinski entertained a motion to approve the consent agenda as amended. So moved by Alderman Kot; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-7 Nays-0 Colosimo-aye,Milschewski-aye, Spears-aye,Munns-aye, Funkhouser-aye, Teeling-aye,Kot-aye MINUTES FOR APPROVAL 1. Minutes of the Adhoc Committee for Recreation Facility Alternatives—July 9,2012 (CC 2012-59) 2. Minutes of the Committee of the Whole—July 10,2012 (CC 2012-60) 3. Minutes of the City Council—July 24,2012(CC 2012-61) Mayor Golinski entertained a motion to approve the minutes of the Adhoc committee for recreation facility alternative for July 9, 2012,the minutes of the committee of the whole for July 10, 2012,and the minutes of the regular City Council for July 24,2012 as presented. So moved by Alderman Colosimo; seconded by Alderman Munns. There were corrections on the July 24,2012 City Council meeting. Alderman Milschewski wanted City Clerk Warren to list the corrections on each meeting. She also wanted to know if the e-mail that Alderman Gilson read from Lisa Peterson, citizen,would be attached. Alderman Milschewski wanted clarification on page 7 where she discussed that it was up to the voters to educate themselves. She also wanted the grammar corrected under additional business. The word issue will be added. Alderman Colosimo stated that the contract for the Yorkville Sergeants was tabled not approved.Alderman Funkhouser wanted it clarified that on page 4 it should be fire district,not just district, and on page 5 wanted it clarified that when discussing buffering layers that it is referring to the bullets.Alderman Spears wanted it clarified under Public Hearing with Bob Mayes that he was saying the price was $2.5 million dollars not$2.5 dollars. A motion was made by Mayor Golinski to approve the minutes as corrected. Minutes approved unanimously by a viva voce vote. REPORTS MAYOR'S REPORT Appointment of Ward 1 Alderman—Ken Koch (CC 2012-62) Mayor Golinski entertained a motion to approve the Mayor's appointment of Ken Koch as Alderman of Ward I to serve the remainder of George Gilson Jr's.term of office. So moved by Alderman Kot; seconded by Alderman Colosimo. Mayor Golinski acknowledged the City received four applications for this position. He went through the applications. Mr. Koch has served the City for 12 years on the City's Park Board. Mayor Golinski feels Mr.Koch is a good fit for the City Council. Alderman Kot believed that Mr. Koch was an excellent choice for City Council. Alderman Colosimo felt that Mr.Koch had the City's best interest at heart.He will be voting for him.Alderman Spears has known Mr. Koch for many years. Her main concern was that Mr. Koch was going to be blindsided as far as Parks and Rees. She changed her opinion. With his experience, she believes Mr. Koch is well aware of the City's issues. She will support Mr. Koch. Alderman Funkhouser has no problem voting for Mr. Koch. Motion approved by a roll call vote. Ayes-7 Nays-0 Kot-aye,Munns-aye, Spears-aye, Colosimo-aye, Funkhouser-aye,Milschewski-aye, Teeling-aye Mayor Golinski swore in Ken Koch as Alderman of Ward I for the United City of Yorkville. Ordinance Regarding City Council Procedures—Meeting Schedule Amendment (CC 2012-63) Mayor Golinski entertained a motion to approve an ordinance regarding City Council procedures and authorize the Mayor and City Clerk to execute. So moved by Alderman Funkhouser; seconded by Alderman Munns. Mayor Golinski put this issue on the agenda to see if the Council wanted to stay with the summer schedule or go back to regular committee meetings and two City Council meetings per month. Mayor Golinski remarked that he is impartial and is fine with either way the vote turns out. Alderman Funkhouser felt the summer schedule has been functional and successful.Alderman Colosimo disagreed with Alderman Funkhouser. COW is a disservice to the residents of Yorkville. He requested that the Alderman vote against this issue and go back to regular committee meetings. Alderman Spears agreed with Alderman Colosimo. She remarked that the COW meetings were not functional,and the Council was The Minutes of the Regular Meeting of the City Council—August 28, 2012—Page 3 of 5 not accomplishing what they should have been accomplishing. Mayor Golinski commented that both structures have pros and cons. Alderman Kot mentioned that for the summer schedule the COW structure worked,but the Council should go back to the committee structure. Alderman Teeling remarked that on the overall scope the committee structure is better and more effective. Alderman Munns stated that there are different Council members in each committee meeting, so certain Council members have to be filled in on the meetings they do not attend. In doing this,the Council members that attended the meeting have to hear the information all over again.Alderman Munns prefers the COW structure. Alderman Spears stated that the committee meetings are all taped and are available on the City's web page.Alderman Funkhouser declared that this is not about finding an easy way out. This structure allows for a little more time to review the packet with the same amount of paperwork as the other structure. The COW gives a larger venue for citizens to be able to communicate. He believes this structure has been productive. Mayor Golinski stated the benefit to the current summer structure is that all of these meetings are televised. Motion failed by a roll call vote. Ayes-2 Nays-6 Munns-aye, Spears-nay, Colosimo-nay,Funkhouser-aye, Milschewski-nay, Teeling-nay,Koch-nay,Kot-nay PUBLIC WORKS COMMITTEE REPORT None. ECONOMIC DEVELOPMENT COMMITTEE REPORT Sixth Amended Intergovernmental Cooperation Agreement with the Aurora Area Convention and Visitors Bureau(AACVB) (EDC 2012-33) Mayor Golinski entertained a motion to approve a sixth amended intergovernmental cooperation agreement with the Aurora Area Convention and Visitors bureau and authorize the Mayor and City Clerk to execute. So moved by Alderman Teeling; seconded by Alderman Koch. Alderman Colosimo entertained a motion to table this to EDC; seconded by Alderman Funkhouser. Motion to table approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye,Koch-aye,Kot-aye,Munns-aye Kendallwood Estates Development Agreement Amendment (EDC 2012-36) Mayor Golinski stated this is discussion only. This came before the Council during the COW meeting. The Council discussed sending notice out to the residents about the flooding issues. Community Development Director Barksdale-Noble confirmed it had been done. City Administrator Olson stated the development agreement still has to be drafted and brought back to the September 11, 2012, City Council meeting. Community Development Director Barksdale-Noble has drafted up a framework of what that development agreement will say. The City draws a box within a certain geographic area of that subdivision and says the City is ok with releasing letters of credit or reducing them within that area.No one will touch dirt in that area until new letters of credit are reposted. The City does propose to retain letters of credit for items that are in the ground and preserved for future developers. The City is comfortable with the specific proposal that the developer is seeking, as long as the City makes sure that the geographic area lines are drawn. This will take the letters of credit down from about$2 million to about$350,000. Susan Lambke,Van Emmon, asked for further clarification. Mayor Golinski stated the property is in foreclosure. The bank is looking to sell the property and there is someone looking to purchase the property. The property has these letters of credit attached to it. The existing property owner is not planning on developing the property. He is planning to let the property sit till the economy gets better. City Administrator Olson stated part of the proposed deal the City would discuss in the agreement is the fact that the existing property owner wants to fix some of the issues on the land. The City is proposing that there will be some work done on site to stabilize everything prior to the City approving it. The City is talking about work being done on site. Susan Lambke asked who is paying for that work being done. City Administrator Olson stated the existing land owner,which is Castle Bank. Downtown Brownfield Phase III Study (EDC 2012-37) Mayor Golinski entertained a motion to approve a Brownfield's Study engineering agreement with Engineering Enterprises,Inc. and Terracon Consultants,Inc. as presented and authorize the Mayor and City Clerk to execute. So moved by Alderman Kot; seconded by Alderman Colosimo. Motion approved by a roll call vote. Ayes-7 Abstain-1 Colosimo-aye,Funkhouser-abstain,Milschewski-aye, Teeling-aye, Koch-aye,Kot-aye,Munns-aye, Spears-aye PUBLIC SAFETY COMMITTEE REPORT The Minutes of the Regular Meeting of the City Council—August 28, 2012—Page 4 of 5 1. Code Amendments—Disorderly Conduct&Possession of Drug Paraphernalia(PS 2012-21) a. Ordinance 2012-25 Adding the Offenses of Disorderly Conduct and Possession of Drug Paraphernalia to the Yorkville City Code b. Ordinance 2012-26 Establishing Minimum Fines for Ordinance Violations Mayor Golinski entertained a motion to approve code amendments—disorderly conduct&possession of drug paraphernalia,an ordinance adding the offenses of disorderly conduct and possession of drug paraphernalia to the Yorkville city code, and an ordinance establishing,minimum fines for ordinance violations and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Teeling. Alderman Teeling pulled this to figure out what changes needed to be made. Police Chief Hart stated the changes included some minor verbiage issues. Motion approved by a roll call vote. Ayes-8 Nays-0 Funkhouser-aye,Milschewski-aye, Teeling-aye, Koch-aye,Kot-aye,Munns-aye, Spears-aye, Colosimo-aye ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD No report. PLAN COMMISSION Ordinance 2012-27 Amending the Requirements in the Yorkville Subdivision Control Ordinance Regarding Completion of Improvements and Bond Procedures (PC 2012-04) Mayor Golinski entertained a motion to approve an ordinance amending the Requirements in the Yorkville subdivision control ordinance regarding completion of improvements and bond procedures and authorize the Mayor and City Clerk to execute. So moved by Alderman Funkhouser; seconded by Alderman Kot. Community Development Director Barksdale-Noble stated this came up in the Public Works Committee when addressing the issues with bonding. This was brought before the Plan Commission in public hearing and it was recommended unanimously. She is now bringing it back to the City Council. This verifies all the dates that were already discussed in COW. Community Development Director Barksdale-Noble and Alderman Teeling discussed how this affects developers. Motion approved by a roll call vote. Ayes-8 Nays-0 Funkhouser-aye,Milschewski-aye, Teeling-aye,Koch-aye, Kot-aye,Munns-aye, Spears-aye, Colosimo-aye ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. COMMUNITY& LIAISON REPORT Ken Com Alderman Spears reported on Ken Com. (See attached.) 911 Surcharges Alderman Spears stated that in the executive board meeting it was asked if it was too late to remove the 911 surcharge from the referendum on the November ballot. Alderman Spears received an email from Debbie Gillette stating that it was too late to remove it, so it will be on the ballot. There will be more discussion in the future. Aurora Area Convention and Visitors Bureau Alderman Funkhouser attended the Aurora Area Convention and Visitors Bureau board meeting. He updated them on the City's position. The Minutes of the Regular Meeting of the City Council—August 28, 2012—Page 5 of 5 School Board Alderman Funkhouser attended the School Board meeting. The budget was presented. There will be a public hearing on September 26,2012,for the school's budget. The School Board is moving forward with construction of the High School's education wing. A design advisory team of 92 participants is being assembled. The School Board will be coming forward with new plans for their expansion process by October 22, 2012. 2°d Annual Tips Challenge Alderman Koch announced that on Friday August 31,2012, at 6:00 p. m. the City Council will take on the Park Board for the 2nd annual tips challenge. Both groups donate money to charity. Congressman Hultgren Mayor Golinski has a conference call with Congressman Hultgren, along with all the mayors from Kane and Kendall County, on Thursday August 30,2012, in regards to the Prairie Parkway. STAFF REPORT No report. ADDITIONAL BUSINESS Alderman Ward I Alderman Spears thanked the individuals that submitted applications for the Ward I alderman position. There were several good candidates, and she hopes the City will have other people running in the next election. Hometown Days Mayor Golinski stated that Hometown Days was this coming weekend. EXECUTIVE SESSION Mayor Golinski entertained a motion to go into Executive Session for the purpose of Pending Litigation. So moved by Alderman Colosimo; seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Milschewski-aye, Colosimo-aye,Kot-aye, Teeling-aye,Koch-aye,Funkhouser-aye,Munns-aye The City Council entered Executive Session at 8:31 p.m. The City Council returned to regular session at 9:00 p.m. ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Munns; seconded by Alderman Teeling. Motion approved by a roll call vote. Ayes-8 Nays-0 Teeling-aye,Koch-aye, Kot-aye,Munns-aye Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye Meeting adjourned at 9:01 p.m. Minutes submitted by: Beth Warren, City Clerk, City of Yorkville, Illinois 0 CIP Reviewed By: Agenda Item Number J� 6 Legal ❑ Minutes #2 EST. 1&36 Finance El Engineer ❑ Tracking Number Gy City Administrator El r� �! �© Consultant El CC 2012-68 Agenda Item Summary Memo Title: Minutes of the City Council— September 11, 2012 Meeting and Date: City Council 9/25/12 Synopsis: Approval of minutes. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: City Clerk Warren Name Department Agenda Item Notes: DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY, SEPTEMBER 11,2012 Mayor Golinski called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. Mayor Golinski called for a moment of silence in remembrance of the September 11,2001,victims and their families and to honor the brave men and women of the armed forces. Mayor Golinski called Valerie Mikalajunas up to the front for she made a collage to present to the City of Yorkville in tribute to Jeffrey Collman. Mr. Collman was a flight attendant on American Airlines Flight 11,which was the first plane to hit the World Trade Center.Mr. and Mrs. Collman came up to get a picture taken with the collage. ROLL CALL City Clerk Warren called the roll. Ward I Koch Present Colosimo Present Ward II Milschewski Present Kot Present Ward III Munns Present Funkhouser Present Ward IV Spears Present Teeling Present Also present: City Clerk Warren, City Attorney Gardner, City Administrator Olson,Police Chief Hart, Deputy Chief of Police Hilt,Public Works Director Dhuse,Finance Director Fredrickson, EEI Engineer Sanderson, Community Development Director Barksdale-Noble QUORUM A quorum was established. AMENDMENTS TO THE AGENDA Mayor Golinski added a proclamation that needs to be read under Mayor's Report. PRESENTATIONS None. PUBLIC HEARINGS None. CITIZEN COMMENTS None. CONSENT AGENDA 1. Bills for Payment- $636,069.50 (CC 2012-64) Mayor Golinski entertained a motion to approve the consent agenda as presented. So moved by Alderman Kot; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye,Milschewski-aye, Spears-aye,Munns-aye, Funkhouser-aye,Koch-aye, Teeling-aye,Kot-aye MINUTES FOR APPROVAL 1. Minutes of the Committee of the Whole—August 14,2012 (CC 2012-65) Mayor Golinski entertained a motion to approve the minutes of the committee of the whole for August 14,2012,as presented. So moved by Alderman Spears; seconded by Alderman Milschewski. Minutes were approved unanimously by a viva voce vote REPORTS MAYOR'S REPORT Mayor Golinski read a proclamation from the Daughters of the American Revolution declaring the week of September 17 through 23 as Constitution Week. (See attached.) PUBLIC WORKS COMMITTEE REPORT The Minutes of the Regular Meeting of the City Council—September 11, 2012—Page 2 of 5 None. ECONOMIC DEVELOPMENT COMMITTEE REPORT Economic Incentive Agreement Between United City of Yorkville and Aniri,LLC (Dairy Queen Grill and Chill) (EDC 2012-47) Alderman Munns entertained a motion to approve an economic incentive agreement between the United City of Yorkville and Aniri LLC(Dairy Queen Grill and Chill) and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Milschewski. City Administrator Olson stated there was one change to the agreement. Some language needs to be struck and numbers of employees need to be changed. Alderman Colosimo will be supporting this. Alderman Munns agreed with Alderman Colosimo. Alderman Spears had an issue for the amounts differed in section four and in section five. Alderman Funkhouser was glad to move this forward. The error that was causing this to happen is not due to the City's fault or the developers fault. The problems were due to issues on the seller's side. Alderman Spears asked if it would be less costly if the City waived the permit fees. City Administrator Olson stated yes,but this is the amount the petitioner requested from the City. Alderman Colosimo made a motion to amend the agreement presented. In section three paragraphs B change the words 38 to 5 and the number 38 to 5 as well as the words 35 to 12 and number 35 to 12. Also, on the top of page four sub paragraph 2 do the same and change the 38 to 5 and the 35 to 12.Also change section five to $30,740.40. This was seconded by Alderman Munns. Amended motion approved by a roll call vote. Ayes-8 Nays-0 Koch-aye,Kot-aye,Munns-aye, Spears-aye, Colosimo-aye Funkhouser-aye,Milschewski-aye, Teeling-aye Alderman Colosimo stated that the Council voted on the motion to amend and now the Council needs to vote on the original motion. Mayor Golinski called for a roll call vote on the original motion. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye, Koch-aye,Kot-aye,Munns-aye, Spears-aye Kendall County Revolving Loan Fund Application (EDC 2012-46) Alderman Munns stated the County doesn't consider doing the improvements for the underground cable a worthwhile project. Mayor Golinski stated that it wasn't actually the County that disapproved. It was sent to the DCEO which funds the grant program and they are the ones that had a problem with it. Ordinance 2012-28 Directing the Sale of Real Property(111 West Madison Street) (EDC 2012-48) Alderman Munns made a motion to approve an Ordinance Directing the Sale of Real Property(111 W. Madison Street) and authorize the Mayor and City Clerk to execute; seconded by Alderman Colosimo. Alderman Teeling asked if the City has refunded the grant money. City Administrator Olson stated no, not yet. Alderman Teeling would like to wait to find this information out before doing an RFP.Alderman Munns stated that the City doesn't have to accept any RFP's that come back. Alderman Spears requested that the City have a minimum bid to be able to pay back the $64,000 and the $96,000 from IDOT. Mayor Golinski stated that this was discussed at EDC and it was decided to leave it open to see what kind of bids came back. Alderman Colosimo is for selling this and seeing what is offered.Alderman Milschewski asked if the grant is transferrable. City Administrator Olson stated that it may be.Alderman Teeling reminded the Council that this wasn't paid for with any money from the City. This was paid for with a grant from DCEO. The City is still having a parking lot placed at this location. This is an historical building and a good asset for the City. Alderman Kot agrees with selling this for he stated it will get restored quicker in the private sector.Alderman Funkhouser agreed to have this put up for sale and clarified that it did cost tax dollars. Motion approved by a roll call vote. Ayes-7 Nays-1 Munns-aye Spears-aye, Colosimo-aye,Funkhouser-aye, Milschewski-aye,Teeling-nay,Koch-aye,Kot-aye Mayor Golinski asked when should the City expect bids in and close the RFP. City Administrator Olson stated it will be published in next week's paper. Sixth Amended Intergovernmental Cooperation Agreement with the Aurora Area Convention and Visitors Bureau (AACVB) The Minutes of the Regular Meeting of the City Council—September 11, 2012—Page 3 of 5 (EDC 2012-33) Alderman Munns entertained a motion to approve a Sixth Amended intergovernmental cooperation agreement for the Aurora Area Convention and Visitors Bureau contingent upon the commitments make in the letter from Executive Director Chris Hamilton to the United City of Yorkville dated September 5, 2012, and authorize the Mayor and City Clerk to execute; seconded by Alderman Milschewski. Chris Hamilton wanted to reemphasize that the AACVB does marketing and sales. They do a further reach than what a local marketing firm can do. He discussed the distribution of the visitor's guides and the cost of doing those.He asked if the City went to a small marketing firm,then who would do that type of fulfillment for the City.Alderman Colosimo is not comfortable with a five year contract.Alderman Munns,Alderman Spears,Mayor Golinski, and Mr.Hamilton discussed the board members. Alderman Spears will not support a five year contract. She would like to table this until she gets a copy of the bylaws. Alderman Funkhouser discussed the appointments.Mr. Hamilton stated that Yorkville is going to be guaranteed a lodging seat.Alderman Kot cannot support a five year contract. Alderman Teeling stated there were a lot of representatives from the hotels and Raging Waves at the EDC meeting. These facilities are where these taxes come from. They were all stating that they wanted the AACVB to have this opportunity to build their growth. Looking back 20 years there was only one hotel in Yorkville, so Yorkville did not have a lot of tax revenue. The City didn't have much representation. The City has grown. They are offering us more seats on the board. The Council should listen to what the City's business owners are saying.Alderman Colosimo agrees with Alderman Teeling. The only reason he is considering this is because he heard the local business owners are happy. He thought that by making the term shorter that the Council was doing the business owners a favor. That way the City can make sure the business owners are being properly represented and that the money is coming back to Yorkville. Alderman Milschewski stated the City has had this for so long and it gets lost in the shuffle. Until the business owners came forward the Council didn't have any idea how this was benefiting them. She stated it is up to the City and the AACVB to meet quarterly and keep it on track. She agrees with the shorter term. Daryl Wiese, general manager at the Hampton Inn, is for the AACVB. If the hotel goes to a local media group then the hotel is going to have less money to spend. The other tourism groups want to focus mostly on Yorkville. He stated 98%of his business does not come from Yorkville. The local companies are going with a three year term and that worries him. They would have one year to build, one year to get everything in place and the third year is a money maker year. At that point they have already lost two years. They are very interested in continuing to go in the direction of the AACVB. Going locally will not give the Hampton Inn the chance to expand.Mr. Wiese believes that five years is a good term. At this point he is vying for the chair spot that is opening up for the hotels,because the Hampton Inn does have a good majority hold. He wants to make sure that the tax dollars that are being brought in are being utilized correctly. Alderman Munns thought the Council all agreed that staying with the AACVB would be better than going with the local guys. He doesn't see the problem with a three year contract. Mr. Wiese's biggest worry with a three year contract is that his business loses all the momentum that they have going on if they lose the contract after three years. Alderman Munns asked if the businesses are playing hard ball. Mr. Hamilton stated they are not trying to play hard ball. The projects they work on are short and long term projects, and it is difficult for them to make investments if potentially in three years the City could drop out. Alderman Munns stated that the track record has been consistent that the City has stayed with the AACVB.Alderman Koch stated the businesses will have opportunities over the next three years to show the progress that they make. Alderman Colosimo stated the City has 20 years of commitment. What about the AACVB committing to the City for three years. He does not believe that the Council is doing a disservice to the tax payers by not committing to a five year contract. He feels that the Council is being strong armed. Maybe the Council should not go with the AACVB. That hurts the hotel operators, so the AACVB is using the City's own operators against this Council to get the terms and conditions they want. He doesn't think it is fair to the Council.Why is the five year number so inflexible?Why should the Council be the ones to bend?Alderman Munns stated that the City of Yorkville is the customer. Alderman Teeling stated the City has seen progress. The City hasn't contacted the hotel managers to talk to them about what they have been doing with the AACVB. The City hasn't contacted the AACVB. She said Mr. Hamilton has offered to come in every three months and give the City an update of what is going on with the projects. She thinks Yorkville's hotels and attractions will suffer if the City goes with another company. Mr. Hamilton pointed out that it is an intergovernmental agreement. Everyone signs the same contract,which all has the same terms. Alderman Spears met with the general manager of Super 8 five years ago. He was totally dissatisfied at that time with the AACVB. She brought this information to the Council and suggested that the City drop out. The Council killed it at that time. Alderman Spears stated a three year contract would be the maximum she would vote on. She would like to see the progress for these businesses and see them improve. Alderman Funkhouser stated the AACVB has been with the City for 20 years and as of late has not met the City's expectations.Alderman Funkhouser credited Mr. Hamilton for coming in and working with this entity in the past eight months. The previous director failed to make this a successful organization. Yorkville has only had a hotel in this organization for 14 years. Two years for our larger hotels and a water park for about five years. The City has not had a large financial stake until recently. Yorkville does The Minutes of the Regular Meeting of the City Council—September 11, 2012—Page 4 of 5 have a stake in this as a community to get things done and that is what the Council is looking out for. The organization is 20 years old.Yorkville is 176 years old.Yorkville is looking out for our own community to make this successful. If Yorkville has to put the screws to the organization to get it done then Yorkville is going to do it. Alderman Funkhouser was appalled at how he was treated at the last board meeting. When Yorkville goes back to the next board meeting the City will be asking for a three year term. If the AACVB is unwilling to do that, then so be it. The City of Yorkville will find a better way to do it and will get things done. Alderman Milschewski would like to see the current bylaws. Mr.Patelli understood why the City wouldn't want to tie itself down to a five year contract,but the City has to weigh the options. He feels that the City should work with the AACVB and give them a chance.Randy Witt,Raging Waves, stated what is vital to his business is the reach that the AACVB can give. Lynn Dubajic,Executive Director of the Y.E.D.C.,wanted the Council to know that this tax is tax that is collected from people that are staying in Yorkville hotels. In its pure sense it is supposed to be recycled to create more hotel space. Mayor Golinski entertained a motion to table this to the next City Council meeting. So moved by Alderman Colosimo; seconded by Alderman Milschewski. Motion to table approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye,Koch-aye,Kot-aye,Munns-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD No report. PLAN COMMISSION No report. ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report.Mayor Golinski stated that City Treasurer Powell is out of the hospital and at home. COMMUNITY& LIAISON REPORT No report. STAFF REPORT No report. ADDITIONAL BUSINESS RFP for the Caboose Alderman Milschewski asked if the City can do an RFP on the caboose. City Administrator Olson stated that the City can put that on the agenda. Stars of Hope Skylantern Festival Mayor Golinski announced that there is a Stars of Hope Skylantern Festival on October 6, 2012, at 7:00 p.m. at the football field. This is a fundraiser for suicide prevention. EXECUTIVE SESSION Mayor Golinski entertained a motion to go into Executive Session for the purpose of Pending and Imminent Litigation. So moved by Alderman Funkhouser; seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Milschewski-aye, Colosimo-aye,Kot-aye, Teeling-aye,Koch-aye,Funkhouser-aye,Munns-aye The City Council entered Executive Session at 8:17 p.m. The Minutes of the Regular Meeting of the City Council—September 11, 2012—Page 5 of 5 The City Council returned to regular session at 8:39 p.m. ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Munns; seconded by Alderman Colosimo. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 8:40 p.m. Minutes submitted by: Beth Warren, City Clerk, City of Yorkville, Illinois `� 13 fry Reviewed By: J� 0 Legal Agenda Item Number Finance ❑ Mayor#2 EST. -� _ 1838 Engineer ❑ City Administrator 0 Human Resources ❑ Tracking Number Community Development ❑ CC 2012-54 A ��' Police LE Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Collective Bargaining Agreement with Sergeants Meeting and Date: City Council— September 25, 2012 Synopsis: Approval of a contract between the City and the Sergeants. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: A final draft will be reviewed by City Council in executive session. Provided there are no major changes, the contract will be voted upon in open session and made publicly available at that time. `� 13 fry Reviewed By: �� �•s► Legal Agenda Item Number Finance ❑ EDC #1 EST. -� _ 1838 Engineer City Administrator Human Resources ❑ Tracking Number ❑; Community Development ���� Police F-1 Public 2012-36 LE Public Works N Parks and Recreation ❑ Agenda Item Summary Memo Title: Kendallwood Estates Development Agreement Amendment Meeting and Date: City Council—September 25, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: 08-18-12 Action Taken: City Council reviews request Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator ' CC: Date: September 20, 2012 Subject: Kendallwood Estates development agreement amendment LJILL E�% Summary Approval of an amendment to the Kendallwood Estates development agreement,which will put the subdivision into dormancy subject to certain work being performed. Background This item was last discussed by the City Council at the August 281h meeting. At that meeting, the City Council reviewed the purchaser's (Imperial Investments) and the current owner's (Castle Bank) proposal to complete certain work on the site and to restrict future actions on the site in exchange for a large reduction in the current letters of credit. The packet materials from the City Council meeting are attached. This type of proposal has been recently approved in the Blackberry Woods subdivision. The City Council was open to the request and the item was to come back at a future City Council meeting once an amended development agreement was completed. The amended development agreement is attached for consideration by the City Council. The agreement is drafted between the City and Castle Bank, but all provisions within the agreement will be recorded against the land and binding upon future landowners. Castle Bank has agreed to stabilize and correct the most pressing issues (as determined by City staff) on site, including items for storm sewers (items 11, 14, 14, 23, 28 on the punchlist), retaining walls (items 63, 64, 67, 69 and 70), and landscaping (items 91 and 93). In exchange, the City will reduce the letters of credit from—$2 million down to $339,000. Further, the developer will not be able receive permits for City approval for various entitlements until letters of credit are posted with the City for all work to be performed on site, according to City ordinances when the work is to be performed. Recommendation Staff recommends approval of the attached amended development agreement for Kendallwood Estates. FIRST SUPPLEMENTAL AGREEMENT TO THE KENDALLWOOD ESTATES DEVELOPMENT AGREEMENT THIS SUPPLEMENTAL AGREEMENT is entered into this day of , 2012, by and between Castle Bank, 209 West Veterans Parkway, Yorkville, Illinois (the "Bank") and the United City of Yorkville, Kendall County, Illinois, an Illinois municipal corporation(the "City"). PREAMBLES: WHEREAS, on September 20, 2006, the City entered into a certain Kendallwood Estates Development Agreement (the "Original Agreement") with Kendall Land Development, LLC, an Illinois limited liability company ("Kendall Land") regarding the development of fifty (50) acres of real property located on the north side of Illinois Route 126 generally between Illinois Route 71 and Illinois Route 47 in the City, legally described on Exhibit A, attached hereto and made a part hereof, (the "Subject Property"); and, WHEREAS, the Original Agreement provided that the City would grant a final plat approval covering the Subject Property prior to the construction of an access road from the Subject Property to Illinois Route 126 and permit the construction of homes on the condition that no occupancy permits would be issued until completion of construction of said access road; and, WHEREAS, the site was originally heavily wooded and the approved Final Landscape Plan includes a tree preservation plan and woodland restoration area to preserve and restore the character of the site that met the tree removal replacement requirements established by trees that were twenty inches in diameter at breast height at the time of the original tree survey; and, WHEREAS, a final plat was approved in 2007 and depicted eighty-three (83) single family lots and, as required by City ordinance, letters of credit in a total amount of$2,047,993.54 1 were deposited with the City as security for the construction of all infrastructure improvements required pursuant to the approved final plat; and, WHEREAS, construction proceeded on portions of the required sanitary sewer improvements, storm sewer improvements, water main improvements, offsite water main and storm sewer, retaining walls ("Portions of the Required Infrastructure"), roadways, landscaping, stormwater management basins and miscellaneous items were never completed or accepted by the City and, WHEREAS, Kendall Land never proceeded with the construction of any homes and attempted to amend the approved zoning and, in 2009, applied for a revised Preliminary PUD and Final Plat approval which was never finalized; and, WHEREAS, as a result of foreclosure proceedings, Kendall Land no longer owns or controls the Subject Property and the Bank has become the new owner and is actively marketing it subject to the requirements of the final plan approved in 2007 with the letters of credit to guarantee the construction of the infrastructure improvements as required by said final plat remaining in place with the City; and, WHEREAS, a new developer is prepared to purchase the Subject Property from the Bank on the condition that the letters of credit be reduced in an amount below current City ordinance requirements, to reflect the current retail and housing market; and, WHEREAS, the City is prepared to permit the reduction of the letters of credit on the condition that no demolition, grading, site improvement, tree removal, construction of any required infrastructure, demolition of any of the Portion of the Required Infrastructure, or any other new work or construction be permitted to occur or approval of any revised development plan for the Subject Property until replacement letters of credit or performance bonds are 2 delivered to the City and certain minor improvements are made to the Subject Property by the Bank, all as hereinafter set forth. NOW, THEREFORE, the City and the Bank for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, agree as follows: Section 1. The Recitals contained in the Preambles to this Supplemental Agreement are true and correct and are hereby incorporated into this Supplemental Agreement as though fully set forth in this Section 1. Section 2. Upon execution of this Supplemental Agreement, the Bank shall undertake to complete certain improvements hereinafter referred to as the "Punch List Items", specifically those Punch List Items numbered 11, 14, 15, 23, 28, 31, 63, 64, 67, 69, 70, 91 and 93, as listed on the letter dated February 3, 2012, addressed to Ms. Krysti Barksdale-Noble, Community Development Director of the City from Mr. Bradley P. Sanderson of Engineering Enterprises, Inc., a copy of which is attached hereto and made a part hereof as Exhibit B. Section 3. Upon completion of the Punch List Items and acceptance thereof by the City, the City hereby agrees to release the letters of credit but for the following: Sanitary Sewer Improvements $ 39,494.00 Storm Sewer Improvements $ 90,705.00 Water Main Improvements $ 35,050.00 Offsite Water& Storm Sewer $ 4,300.00 Retaining Walls $138,700.00 Subtotal $308,249.00 Plus 10%retainage $ 30,824.00 Final Total $339,073.00 3 Section 4. The Bank further agrees that no permit shall be issued and no approval of a revised plat of subdivision,preliminary PUD plat, amended final plat of development plan shall occur for grading, demolition, site improvements, construction of any required infrastructuring, demolition of any part of the Portion of the Required Infrastructure or any other work or construction at the Subject Property, until replacement letters of credit or performance bonds in an amount equal to 120% of the total cost of all of the required site improvements as of the date of the deposit, have been deposited with the City. Section S. This Supplemental Agreement shall be recorded against the Subject Property and shall run with the land and apply to all future owners of the Subject Property. Section 6. The term of this Supplemental Agreement shall commence upon its execution and terminate upon completion of all site improvements and the release by the City of any and all letters of credit and/or performance bonds delivered to the City in connection with the development of the Subject Property. Section 7. This Supplemental Agreement shall be construed and enforced in accordance with the laws of the State of Illinois. Section 8. (a) Upon any dispute between the parties under this Supplemental Agreement, the prevailing party shall be entitled to recover from the non-prevailing party reasonable attorneys' fees, costs and expenses incurred in contesting such dispute. Section 9. This Supplemental Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which together shall constitute but one and the same instrument. 4 Section 10. If any provision of this Supplemental Agreement, or any Section, sentence clause, phrase or word, or the application thereof, in any circumstance, is held to be invalid, the remainder of this Agreement shall be construed as if such invalid part were never included herein, and this Supplemental Agreement shall be and remain valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville,an Illinois municipal Corporation By: Mayor Attest: City Clerk Castle Bank, a banking association of the State of Illinois By: President Attest: Secretary 5 Engineering Enterprises, February 3, 2012 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Kendailwood Estates Punch List United City of Yorkville Kendall County, Illinois Ms. Noble: Between January 31 and February 2, 2012, representatives of EEI performed a punch list inspection of the above referenced project. A summary of the punch list items is as follows: General 1. There is a substantial amount of garbage and debris deposited throughout the subdivision. All debris and garbage should be removed. 2. Record drawings should be submitted for review. 3. All street signs need to be installed per plan. 4. All street lights need to be installed. A 48 hour burn test of the street lights should be completed prior to acceptance. 5. All sidewalk within the right of wav should be constructed. 8. All roadway striping should be installed per plan following surface course installation. 7. After final grading of the subdivision, all structures should be checked and adjusted to final grade. 8. Electric, telephone and cable tv need to be run to all lots within the subdivision. Storm Sewer 9. The following storm- structures need to have fillets installed: ST-718 • ST-541 • ST-614A ST-720 • ST-612 • ST-536 • ST-715 • ST-611 • ST-534 ST-705 • ST-618 • ST-530 • ST-707 . ST-616 • ST-524 m ST-540 • ST-614B • ST-522 Road,52 Wheeler Sugar Grove, 60554 • 1 466-6700 1 466-6701 '• • Ms. Krysti Barksdale-Noble February 2, 2012 Page 2 • ST-503 • ST-312 • ST-314 • ST-506 • ST-312A • ST-116B • ST-304 • ST-310 • ST-116 • ST-304B • ST-400 • ST-122 • ST-306 • ST-400B • ST-122B • ST-306B • ST-316 • ST-124 10. The following storm structures should be cleaned of all debris: • ST-726 • ST-922 . ST-4008 ST-612 * ST-536 . ST-316 • ST-618 • ST-508 • ST-108 • ST-614B • ST-306 # ST-116B 11. The following storm structures were covered with sediment or had filter fabric full of sediment and were unable to be opened for inspection: ST-728 • ST-528 • ST-102 • ST-728B . ST-513 • ST-112 • ST-730 • ST-513B • ST-110 • ST-730B • ST-515 • ST-713 • ST-515B 12. There is a gap in the asphalt around ST-802. This gap should be sealed or a patch installed prior to installing final surface course. 13. The rings of ST-800 should be mortared to prevent infiltration. 14. ST-903A is missing the lid. This should be installed immediately. 15. The following fared end structures need to be cleaned and all vegetation removed: • FES-732 • FES-930 • FES-920 • FES-600 • FES-100 16. ST-704 currently has the wrong lid. A lid reading "City of Yorkville Storm" with concealed pickholes needs to be installed. 17. ST-608B currently has a closed lid. An open lid should be installed. 18. ST-604 currently has an open lid. A closed lid needs to be installed. 19. The frame and rings for ST-402 need to be reset. 20. The beehive lid has come off of ST-202 and needs to be reinstalled. 21. ST-114 needs to be raised to curb grade.. Ms. Krysti Barksdale-Noble February 3, 2012 Page 3 22. ST-120 could not be located. The structure should be located and raised to grade. 23. The restrictor in ST-932 has been installed incorrectly and should be reinstalled per plan. 24. The section of storm sewer from ST-710 to ST-736 needs to be installed. 25. The top three steps in ST-602 should be realigned to match up with the other steps. 26. The pipes within ST-532 need to be re-grouted. 27. ST-508 should be re-mortared to ensure there are no leaks. 28. The snout restrictor needs to be installed in ST-912 per plan. 29. The steps in ST-913A need to be properly aligned. 30. The lid for ST-106 has been plugged with concrete and needs to be replaced. 31. A snout restrictor needs to be installed in ST-901 per plan. 32. All storm sewer 12" diameter and larger needs to be televised. All storm sewers should be jetted prior to televising. 33. Storm sewer for the steep grade on Benjamin Street just south of Van Emmon Road should be designed and constructed. Curb-line drains need to be constructed half way up the hill. 34. Storm sewer that extends up the lot line between Lot 57 and Lot 58 to capture 100-yr storm at rear lot line of Lot 57 to convey stormwater to the pond should be designed and constructed. This is necessary in order for Lot 57 to be built upon. Sanitary Sewer 35. The lid to SAN-408 is bolted down so the connection to this manhole could not be inspected. 36. All chimney seals should be replaced. Most have been exposed to sunlight for the past several years and have deteriorated. 37. Satisfactory testing including televising, mandrel test, low pressure air test and vacuum test (after re-adjustment of manholes), needs to be performed. 38. The following sanitary structures need their lid gaskets replaced: SAN-201 SAN-104 SAN-108 SAN-116 SAN-122 39. The following sanitary structures should be cleaned of debris: SAN-108 Ms. Krysti Barksdale-Noble February 3, 2012 Page 4 • SAN-300 • SAN-201 Water 40. The paint on various fire hydrants is flaking and chipping. All fire hydrants should be wire brushed and re-painted. 41. All valves and auxiliary valves need to be check to ensure they are operational. 42. All b-boxes need to be checked to ensure they are in place and operational. 43. FH-305 should be rotated to be facing perpendicular to the curb. 44. FH-232 needs to be raised and rotated to face the street. 45. FH-216D was found with the 4" nozzle cap not screwed on. The cap should be placed back on and the hydrant should be checked to ensure there is no weather damage. 46. FH-202 should be lowered to grade. 47. FH-107 is missing the 4" nozzle cap. The cap should be installed and the fire hydrant checked for weather damage due to not having the cap installed. 48. Soil should be filled in around FH-110. A large portion of the pipe below the hydrant is exposed. 49. The off-site water main along IL Route 126 needs to be installed. 50. The valve vault at station 704+00 currently has the wrong lid. A lid containing "City of Yorkville Water" should be installed. 51. Whips should be removed from the following valve vaults: • W at sta. 704+00 • W-108 52. The following fire hydrants need to have their auxiliary valves adjusted to grade and/or re- plumbed: • FH-232 • FH-302 • FH-202 • FH-230A • FH-303 • FH-107 FH-226 • FH-210 • FH-101 • FH-225 • FH-118 i FH-104 • FH-223 • FH-116 • FH-110 • FH-221 • FH-114A • FH-216D 53. The following valve boxes need to be adjusted to grade and/or re-plumbed: • V-231 • V-220 • V-217 • V-228 • V-117 • V-224 • V-114 Ms. Krysti Barksdale-Noble February 3, 2012 Page 5 Offsite Water Main and Storm Sewer 54. All fire hydrants should be wire brushed and re-painted. 55. VV-2 and VV-10 need the lids replaced with "City of Yorkville Water" lids. 56. VV-2 should have the whips removed. 57. VV-10 could not be opened at the time of inspection. 58. The b-box at the end of off-site water main on Van Emmon Road (east of Benjamin Street) needs to be located, adjusted to grade, and checked for proper operation. 59. The following fire hydrants need to have their auxiliary valves adjusted to grade. FH-5 • FH-7 FH-8 60. All debris deposited on the west side of Benjamin Street needs to be removed. 61. The off-site water main along IL Route 126 needs to be installed. Retaining Walls 62. All exposed lift hooks should be removed. 63. A large amount of fence damaged at pond #4. This fence should be replaced. 64. A section of retaining wall at pond #4 has failed and needs to be replaced. 65. The retaining wall along the rear lot line of Lot 53 to Lot 56 should be installed. 66. The retaining wall along the rear lot line of Lot 58 to Lot 63 should be installed. 67. A hole has formed in the retaining wall in the 4th course from the bottom (Lot 30-34 area) and should be repaired. 68. Excess pipe protruding from the retaining wall near Lot 6 should be cut back. 69. There are several locations throughout the subdivision where the retaining wall is crumbling or otherwise damaged. All retaining walls in the subdivision should be inspected and repaired and/or replaced to ensure the retaining walls are structurally sound. 70. There are several areas where excessive erosion behind the retaining walls has caused the wall to be exposed. The retaining walls should be backfilled behind and erosion control measures taken to eliminate erosion behind the walls. Ms. Krysti Barksdale-Noble February 3, 2012 Page 6 Roadway 71. The emergency entrance to Route 126 should be constructed. 72. Excessive sediment has washed onto the roadways at various locations throughout the subdivision. The roadway should be cleaned of this sediment. 73. Cold patch ramps along the curb line at various locations throughout the subdivision should be removed. 74. All curb should be backfilled behind. 75. All weeds and vegetation growing between the curb line and the asphalt should be removed. 76. All damaged curb should be removed and replaced. The curb to be replaced will be marked by the City following a future curb inspection. 77. The binder course needs to be patched in areas of failure, utility cuts, or where significant asphalt segregation has occurred. The areas of patching will be marked by the City following a binder inspection. Asphalt patching shall be 50% thicker than the existing asphalt. Necessary edge grinding shall be included in patching prior to surface installation. 78. Hot-Mix Asphalt Surface Course should be installed once all patching and curb and gutter repairs have been completed. 79. Once installation of the Hot-Mix Asphalt Surface Course has been completed, hot-poured joint sealer is required along every edge of pavement. 80. All driveway depression should be cut out of the barrier curb. Landscaping 81. Any trees 4" diameter or larger within the limits of the road extension at the dead end streets should be removed. Confirm removal plan with Laura Schraw prior to work. 82. All basins should be landscaped per approved landscaping plan. 83. The tree preservation plan should be reviewed for adherence. Some trees were removed during utility construction were planned to be saved. Plans shall be modified accordingly and the issue of missing trees needs to be resolved. 8 I. All scrub trees growing in park=ways, especially along back-of-curb, should be removed. 85. A revised grading plan for Lot 35 should be provided due to steep embankment along the north lot line. 86. All parkway trees should be planted. 87. All cul-de-sac islands should be landscaped. Ms. KrRysti Barksdale-Noble February 3, 2012 Page 7 88. The parkways along the Benjamin Street hill south of the Van Emmon Road entrance should be graded to eliminate steep drop-offs. 89. The previous developer believed that the site had significant excess dirt. Any excess stockpiles should be trucked out prior to patching the binder course and paving surface course. 90. As lots develop and parkways/private lots are graded, all utility structure rims will need to be re- evaluated and adjusted accordingly. 91. The erosion control methods are in disrepair and are not functioning correctly. They should be re- installed and in maintained in good working order. 92. The construction of the curtain walls for Ponds 1, 4 and 5 needs to be confirmed. The Pond 2 curtain wall is in place but the surrounding area needs to be graded to make the top of the wall flush with finished grade. 93. Filter fabric should be cleaned or re-installed on structures downstream of unfinished areas. If you have any questions or if you require additional information, please call. Very truly yours, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President BPS/kdw pc: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Laura Schraw, Interim Parks & Rec Director Ms. Lisa Pickering, Deputy Clerk JWF, EEI G:\Public\Yorkville\2012\YO1205-DR Kendallwood Estates-Punch1ist\Docs\Punch1ist01,docx `� 13 fry Reviewed By: �� �•s► Legal Agenda Item Number Finance ❑ EDC #2 EST. -� _ 1838 Engineer ❑ City Administrator 0 Human Resources ❑ Tracking Number Community Development ❑ j� ���� Police F-1 Public 2012-33 LE Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Sixth amended intergovernmental agreement for the AACVB Meeting and Date: City Council— September 25, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: 09-11-12 CC Action Taken: Table to Sept 25 CC meeting Item Number: Type of Vote Required: Majority Council Action Requested: Table to October 2nd EDC meeting Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator ' CC: Date: September 19, 2012 Subject: Sixth amended IGA for the AACVB LJILL E�% Summary Consideration of an extension to the intergovernmental agreement for the Aurora Area Convention and Visitor's Bureau. Background This item was last discussed at the September 1 lth City Council meeting. At that meeting, the Council tabled consideration of the item to the September 25t City Council meeting, with a request to receive by-laws from the organization(attached) and for a 3-year term to the agreement. Since the September 11th City Council meeting, Alderman Funkhouser has been working with AACVB Director Hamilton on the agreement term request and various other by-law amendments. The next AACVB board meeting is not until September 27th, and Alderman Funkhouser and Mr. Hamilton have requested the City Council to table the item again until after the AACVB board meeting. Recommendation Staff recommends that this item be tabled to the October 2nd EDC meeting. AURORA AREA CONVENTION AND VISITORS BUREAU BY-LAWS as of 3/27/2008 PURPOSE The name of the Corporation shall be the Aurora Area Convention and Visitors Bureau (hereinafter referred to as the "Corporation") and was organized under the Illinois General Not-For-Profit Corporation Act. The purpose of the Corporation is to encourage, foster, promote and stimulate conventions and tourism in the Aurora, Illinois area, in order to improve and advance all business in such area, including, but not limited to, hotels, motels, bed and breakfasts and restaurants; to acquaint and inform the public as to these objectives by providing information and other civic, educational, social and public features as will foster, encourage and stimulate these purposes. ARTICLE I REGISTERED OFFICE, FISCAL YEAR AND CORPORATE SEAL SECTION 1: REGISTERED AGENT AND OFFICE. The Corporation shall continuously maintain in the State of Illinois a registered office and a registered agent whose office is identical within the state. The registered agent for the Corporation shall be the Executive Director and the registered office for the Corporation shall be its principal business address. SECTION 2: FISCAL YEAR. The fiscal year of the Corporation shall be from July 1 through June 30. SECTION 3: CORPORATE SEAL. The corporate seal shall have inscribed thereon the name of the Corporation and words "Corporate Seal, Illinois." ARTICLE II BOARD OF DIRECTORS SECTION 1: GENERAL POWERS. The business of the Corporation shall be managed by its Board of Directors. SECTION 2: NUMBER, TENURE AND QUALIFICATIONS. The Board of Directors of the Corporation (hereinafter referred to as the "Board") shall have no less than 15 and no more than 30 members, ten (10) of which may be ex-officio chairman appointments) who are elected or appointed as described below: Municipal Board Appointments: Aurora Batavia Big Rock k, Hinckley Montgomery North Aurora Plano Sandwich Sugar Grove k, Yorkville Other Governmental Board Appointments: k, Kane County Kendall County Kane County Forest Preserve District Kendall County Forest Preserve District Other Board Appointments: Aurora Civic Center Authority Greater Aurora Chamber of Commerce Legal Counsel (one-year non-voting term) Media Representative (one-year term) Ten (10) ex-officio appointments by the Chairman of the Corporation (one-year term) The remaining Board positions (each being a three (3) year term) shall be filled by the Board with representatives from the following categories, in the discretion of the Board, including, but not limited to: Hotel/Motel Representatives, Transportation, Retail Business, General Business, Tourism Educator, Education, Performing Arts, Entertainment, Restaurant/Food Service, Attractions, and Recreation. One (1) Board position shall also be established for each municipal governmental entity subsequently incorporated into the service area of the Corporation. (A)Terms of the Board: The term of office for the Board shall be as follows: THREE (3) YEAR TERMS: 2 Aurora Batavia Big Rock Hinckley Montgomery North Aurora Plano Sandwich Sugar Grove Yorkville Kane County Kendall County Kane County Forest Preserve District Kendall County Forest Preserve District Other Board positions filled by the Board pursuant to this Article 11, Section 2 (1) For any additional municipal governmental entity which subsequently becomes a part of the service area of the Corporation, the term of that Board position shall then correspond to the then remaining term of the other aforementioned municipal governmental entities. ONE (1) YEAR TERM: Legal Counsel (non-voting position) Media Representative Chairman Ex-Officio Appointments (B) Ex-Officio Members: The Chairman, in his or her discretion, has the power to annually appoint up to ten (10) Ex-Officio members with voting privileges to the Board, each for a one (1) year term. (C) Persons appointed to the Board as municipal, other governmental, or other designated representatives shall report, on a quarterly basis, the accomplishments of the Corporation to the appointing entity and when appropriate shall report any concerns, relating to programs and projects of the Corporation, of the appointing entity to the Board. (D) The Corporation on an annual basis shall hold a new member orientation for all new Board members. Information on the Corporation's organization, funding, budget, programs and accomplishments shall be presented. New Board members appointed to complete a term shall receive a similar briefing from the Executive Director at a mutually convenient time. 3 New positions on the Board may be added by the Board to accommodate hotel/motel representation in municipalities contributing to the Corporation's funding source. SECTION 3: REGULAR MEETINGS. Regular monthly meetings shall be held each month at such time and place as designated by the Board. The Board may provide, by resolution, the time and place for the holding of additional regular meetings of the Board without other notice than such resolution. SECTION 4: SPECIAL MEETINGS. Special meetings of the Board may be called by or at the request of the Chairman or any two Directors. The person or persons authorized to call special meetings of the Board may fix the time and place for holding any special meetings. SECTION 5: NOTICE. Notice of any special meeting shall be given at least three (3) days previous thereto by written notice to each Director at his or her business address as shown by the records of the Corporation, except that no special meeting of Directors may remove a Director unless written notice of the proposed removal is delivered to all Directors at least twenty (20) days prior to such meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail in a sealed envelope so addressed, with first class postage thereon prepaid. Notice may also be given either personally, or by facsimile transmission, or electronic or computer transmission, with the same to be deemed delivered on date of personal service or on date of transmission as aforesaid. Notice of any special meeting of the Board may be waived in writing signed by the person or person entitled to the notice either before or after the time of the meeting. The attendance of a Director at any meeting shall constitute a waiver of notice of such meeting, except where a Director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the Board need be specified in the notice or waiver of notice of such meeting, unless specifically required by law or by these by-laws. SECTION 6: OPEN MEETINGS ACT. All meetings shall be governed under the Illinois Open Meetings Act. SECTION 7: QUORUM. One-third (1/3) of the Board shall constitute a quorum for transaction of business at any meeting of the Board, provided that if less than one-third (1/3) of the Directors present at said meeting, a majority of the Directors present may adjourn the meeting at any time without further notice. SECTION 8: MANNER OF ACTING. The act of the majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board, unless the act of a greater number is required by statue, these by-laws, or Articles of Incorporation. No Director may act by proxy on any matter. 4 SECTION 9: VACANCIES. Any vacancy occurring on the Board shall be filled by the official body where the vacancy occurred. If an appointment is not made within 30 days of notice, the Board shall fill the vacancy. Any Directorship to be filled by reason of an increase in the number of Directors shall be filled by the Board unless the Articles of Incorporation, a statute, or these by-laws provide that a Directorship so created shall be filled in some other manner, in which case such provisions shall control. A Director elected or appointed, as the case may be, to fill a vacancy shall be elected for the unexpired term of his or her predecessor in office. SECTION 10: COMPENSATION. The Board shall serve without compensation. By resolution of the Board, the Directors may be paid their expenses, if any, incurred in connection with the business of the Corporation. SECTION 11: RESIGNATION AND REMOVAL OF DIRECTORS. A Director may resign at any time upon written notice to the Board. Any Director may be removed by a two-thirds vote of the remaining Directors at any annual meeting or at a special meeting called for that purpose. In addition, a Director who shall be absent from any four consecutive monthly meetings, may, in the discretion of the Board, be removed as a member of the Board, officer of the Corporation and/or committee chairman, if applicable. SECTION 12: INFORMAL BY DIRECTORS. The authority of the Board may be exercised without a meeting if a consent in writing, setting forth the action taken, is signed by all of the Directors entitled to vote. SECTION 13: PRESUMPTION OF ASSENT. A Director of the Corporation who is present at a meeting of the Board at which action on any Corporation matter is taken shall be conclusively presumed to have assented to the action taken unless his or her dissent shall be entered in the minutes of the meeting or unless he or she shall file his or her written dissent of such action with the person acting as the secretary of the meeting before the adjournment thereof or shall forward such dissent by registered or certified mail to the secretary of the Corporation immediately after the adjournment of the meeting. Such right to dissent shall not apply to a Director who voted in favor of such action. ARTICLE III OFFICERS SECTION 1: NUMBER. The officers of the Corporation shall be a Chairman, Vice Chairman (the number thereof to be determined by the Board), and a Secretary/Treasurer and such other officers as may be elected or appointed by the Board, provided each officer is then a member of the Board. Any two or more offices may be held by the same person, except the offices of Chairman and Secretary/Treasurer. Officers whose authority and duties are not prescribed in these by-laws shall have the authority and perform the duties prescribed, from time to time, by the Board. Any vacancy of any office or position 5 shall be filled by the Board. An officer elected or appointed, as the case may be, to fill an officer vacancy shall be elected or appointed for the unexpired term of his or her predecessor in office. SECTION 2: ELECTION AND TERM OF OFFICE. The officers of the Corporation shall be elected annually by the Board at the May meeting of the Board. If the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as conveniently may be. Vacancies may be filled or new offices created and filled at any meeting of the Board. Each officer shall hold office until his or her successor shall have been duly elected and shall have qualified or until his or her death or until he or she shall resign or shall have been removed in the manner hereinafter provided. Election of an officer shall not of itself create contract rights. SECTION 3: RESIGNATION AND REMOVAL OF OFFICERS. An officer may resign at any time upon written notice to the Board. Any officer elected or appointed by the Board may be removed by the Board whenever in its judgment the best interests of the Corporation would be served thereby, but such removal shall be without prejudice to the contract rights, if any, of person so removed. SECTION 4: CHAIRMAN. The Chairman of the Corporation shall be the principal elective officer of the Corporation. That person shall preside at all meetings of the Board and the Executive Committee. Subject to the direction and control of the affairs of the Corporation; he or she shall see that the resolutions and directives of the Board are carried into effect except in those instances in which that responsibility is assigned to some other person by the Board; and, in general, he or she shall discharge all duties incident to the office of President and such other duties as may be prescribed by the Board. The Chairman shall also have the authority to appoint chairpersons for all standing committees of the Corporation, as well as any other committees of the Corporation as authorized by these By-Laws. Except in those instances in which the authority to execute is expressly delegated to another office or agent of the Corporation or a different mode of execution is expressly prescribed by the Board or these by-laws, he or she may execute for the Corporation any contracts, deeds, mortgages, bonds, or other instruments which the Board has authorized to be executed, and he or she may accomplish such execution either under or without the seal of the Corporation and either individually or with the Secretary, any Assistant Secretary, or any other officer thereunto authorized by the Board, according to the requirements of the form of the instrument. He or she may vote all securities which the Corporation is entitled to vote except as and to the extent such authority shall be vested in a different officer or agent of the Corporation by the Board. (a) Parliamentarian. The Chairman may, if he or she desires, appoint a Parliamentarian. This organization shall be guided by the most recently published revised edition of Robert's Rules of Order, provided it does not conflict with state statutes or federal law. 6 SECTION 5: THE VICE CHAIRMAN. The Vice Chairman (or in the event there be more than one vice chairman, each of the vice chairmen) shall assist the Chairman in the discharge of his or her duties as the Chairman may direct and shall perform such other duties as from time to time may be assigned to him or her the Chairman or the Board. In the absence of the Chairman or in the event of his or her inability or refusal to act, the Vice Chairman (or in the event there be more than one vice chairman, the vice chairmen, in the order designated by the Board, or by the Chairman if the Board has not made such a designation, or in the absence of any designation, then in the order of their seniority of tenure) shall perform the duties of the Chairman and, when so acting, shall have all the powers of and be subject to all the restrictions upon the Chairman. Except in those instances in which the authority to execute is expressly delegated to another officer or agent of the Corporation or a different mode of execution is expressly prescribed by the Board or these by-laws, the Vice Chairman (or any of them if there is more than one) may execute for the Corporation any contracts, deeds, mortgages, bonds or other instruments which the Board has authorized to be executed, and he or she may accomplish such execution either under or without the seal of the Corporation and either individually or with the Secretary, any Assistant Secretary, or any other officer thereunto authorized by the Board, according to the requirements of the form of the instrument. SECTION 6: SECRETARY/TREASURER. (a) The Secretary/Treasurer shall be the principal accounting and financial officer of the Corporation. He or she shall (1) have charge of and be responsible for the maintenance of adequate books of account for the Corporation; (2) have charge and custody of all funds and securities of the Corporation, and be responsible therefore, and for the receipt and disbursement thereof; and (3) perform all the duties incident to the office of Secretary/Treasurer and such other duties as from time to time may be assigned to him or her by the Chairman or by the Board. SECTION 7: EXECUTIVE DIRECTOR. The Board shall employ a salaried staff executive who shall have the title of Executive Director and whose terms and conditions of employment shall be specified by the Board. The Executive Director shall be the chief executive and operating officer of the Corporation. That person shall be responsible for all day to day management functions, and shall manage and direct all activities of the Corporation in accordance with policies established by the Board and shall be responsible to the Board. In the course of duties the Executive Director shall (a) employ and terminate the employment of members of the staff necessary to carry on the work of the Corporation, and fix their compensation within the approved budget, as authorized by the Executive Committee; (b) define the duties of the staff, supervise their performance, establish their titles and delegate those responsibilities of management as shall be in the best interest of the Corporation; and (c) expend monies for the Corporation pursuant to its approved budget. 7 The Executive Director shall attend all meetings of the Board, the Executive Committee and all other committees serving as an Ex-Officio member without a vote. The Executive Director shall also have such other duties as may be prescribed by the Board. SECTION 8: COMPENSATION OF OFFICERS. Except for the Executive Director the officers of the Corporation shall not receive any salaries or compensation for their services. ARTICLE IV COMMITTEES SECTION 1: EXECUTIVE COMMITTEE. (a) The Executive Committee shall consist of the officers of the Corporation and all standing committee chair persons. Except as limited by law and subsection (2) below, the Executive Committee shall exercise the powers of the Board when the Board is not in session. Except for subjects contained in the exceptions to the Open Meetings Act (5 ILCS 120/2(c)), all actions of the Executive Committee shall be reported to the Board at its succeeding meeting. The Executive Committee may hold meetings at such place or places and at such notice as it may in its discretion determine and may be called at any time by the Chairman or by any two of its members, with 48 hours notice given either personally, by mail, facsimile transmission, telephone or electronic or computer transmission. (b) The Executive Committee shall not have powers and the authority with respect to: (i) the approval of any action for which approval of members is also required, (ii) the filling of vacancies on the Board or on the Executive Committee, (iii) the amendment or repeal or adoption of by-laws, (iv) the amendment or repeal of any resolution of the members of such committees, (v) the approval of any corporate transaction with the respect to assets held in charitable trust, where a Director is a party to or has a material financial interest in the transaction or in any part to the transaction. SECTION 2: STANDING COMMITTEES. The Board shall, by resolution, adopted by a majority of the Directors in office, designate members of Board to serve on the following standing committees: (a) Nominating Committee. Prior to annual elections the Chairman shall appoint, with the approval of the Board, a nominating Committee composed of at least three members. The Nominating Committee shall make recommendations for Board positions for the next fiscal year and prepare a slate of officers for the Corporation for the next fiscal year, all for approval by the Board. The Nominating Committee shall present its slate of proposed officers and directors by no later than the April meeting and with the Board to vote on such slate by no later than its June 8 meeting. (b) Finance Committee. (c) Marketing Committee. (d) Strategic Planning Committee. (e) Personnel Committee. Each of these committees shall have such powers and responsibilities as one expressly delegated by the Board and not inconsistent with the law. SECTION 3: OTHER COMMITTEES. The Board may appoint such other committees as may from time to time be needed. The composition, purpose and duration shall be as established by the Board at the creation of any such committee. SECTION 4: TERM OF OFFICE. Each member of a committee shall continue as such until the next annual meeting of the Board and until a successor is appointed, unless the committee shall be sooner terminated, or unless such member be removed from such committee, unless such member shall cease to qualify as a member thereof. SECTION 5: CHAIRPERSON. One member of each committee shall be appointed chairperson by the Chairman with confirmation by the Board. SECTION 6: VACANCIES. Vacancies in the membership of any committee may be filled by appointments made in the same manner as provided in the case of the original appointments. SECTION 7: QUORUM. Unless otherwise provided in the resolution of the Board designating a committee, one-third (1/3) of the whole committee shall constitute a quorum and the act of a majority of the members of the committee present at a committee meeting at which a quorum is present shall be the act of the committee. SECTION 8: RULES. Each committee may adopt rules for its own government not inconsistent with these by-laws or with rules adopted by the Board. SECTION 9: INFORMAL ACTION. The authority of a committee may be exercised without a meeting if a consent in writing, setting forth the action taken, is signed by all the members entitled to vote. ARTICLE V CONTRACTS, LOANS, CHECKS AND DEPOSITS SECTION 1: CONTRACTS. The Board may authorize any officer or officers, agent or 9 agents of the Corporation, in addition to the officers so authorized by these by-laws, to enter into any contract or execute and deliver an instrument in the name of or on behalf of the Corporation, and such authority may be general or confined to specific instances. All goods and services to be purchased by the Corporation shall, if reasonably practicable, be purchased within the service area of the Corporation. SECTION 2: LOANS. No loans shall be contracted on behalf of the Corporation and no evidences of indebtedness shall be issued in its name unless authorized by a resolution of the Board. Such authority may be general or confined to specific instances. The Corporation shall establish and maintain a line of credit, in such amount as determined by the Board, to be utilized as needed for authorized budget expenditures. SECTION 3: CHECKS, DRAFTS, ETC. All checks, drafts or other orders for payment of money, notes or other evidences of indebtedness issued in the name of the Corporation shall be signed by such officer or officers, employee or employees, agent or agents of the Corporation and in such manner as shall from time to time be determined by resolution of the Board. All checks shall be signed by two authorized signatures. Any expenditure of $5,000.00 must be approved by the Board before payment is made, unless part of a previously approved budget. SECTION 4: DEPOSITS. All funds of the Corporation not otherwise employed shall be deposited from time to time to the credit of the Corporation in such banks, trust companies or other depositories as the Board select. The Board, in its discretion, shall have authority to establish cash reserve account(s). SECTION 5: BUDGET AND PROGRAM OF WORK. The annual budget shall be approved by the Board by each June meeting. The anticipated yearly Programs of the Corporation shall be approved by the Board by each June meeting. SECTION 6: AUDIT. The Board shall authorize an annual audit of all funds received and disbursed by the Corporation following the end of each fiscal year. The results of such audit will be distributed to all funding sources annually. SECTION 7: GIFTS. The Board may accept, on behalf of the Corporation, any contribution, gift, bequest or devise for the general purposes or for any special purpose of the Corporation. ARTICLE VI BOOKS AND RECORDS The Corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its Board and Committees having any of the authority of the Board of Director and shall keep at the registered or principal office a record giving the names and addresses of the members entitled to vote. All books and records of the Corporation may be inspected by any Director or officer, or his agent or 10 attorney for any proper purpose at a reasonable time. ARTICLE VII WAIVER OF NOTICE Whenever any notice is required to be given under the provisions of these by-laws or under the provisions of the Articles of Incorporation or under the provisions of the Not-for-Profit Corporation Act of the State of Illinois, a waiver thereof in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. Attendance at any meeting shall constitute waiver of notice thereof unless the person at the meeting objects to the holding of the meeting because proper notice was not given. ARTICLE VIII INDEMNIFICATION OF OFFICERS, DIRECTORS AND EMPLOYEES SECTION 1: INDEMNIFICATION IN ACTIONS OTHER THAN BY OR IN THE RIGHT OF THE CORPORATION. The Corporation may indemnify any person who was or is a party, or is threatened to be made a party to any threatened, pending, or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, (other than an action by or in the right of the Corporation) by reason of the fact that he or she is or was a Director, Officer, Employee or agent of the Corporation, or who is or was serving at the request of the Corporation as a Director, Officer, Employee or agent against expenses (including attorneys' fees) judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with such action, suit or proceeding, if he acted in good faith and in a manner he reasonably believed to be in, or not opposed, to the best interested of the Corporation, and with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct to be unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon plea of nolo contendere, or its equivalent, shall not of itself create a presumption that the person did not act in good faith and in a manner which he reasonably believed to be in, or not opposed to, the best interest of the Corporation, and with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful. SECTION 2: INDEMNIFICATION IN ACTIONS BY OR IN THE RIGHT OF THE CORPORATION. The Corporation may indemnify any person who was, or is a party, or is threatened to be made a party to any threatened, pending, or completed action or suit by, or in the right of the Corporation to procure a judgment in its favor by reason of the fact that such person, is or was, a Director, officer, employee or agent of the Corporation, or is or was, serving at the request of the Corporation as a Director, officer, employee or agent of another Corporation, partnership, joint venture, trust or other enterprise, against expenses (including attorneys' fees) actually and reasonably incurred by such person in connection with the defense or settlement of such action or suit, if he acted in good faith 11 and in a manner he reasonably believed to be in, or not opposed, to the best interests of the Corporation, and except that no indemnification shall be made in respect of any claim, issue or matter as to which such person shall have been adjudge to be liable for negligence, or misconduct in the performance of his duty to the Corporation, unless, and only to the extent that the court in which such action or suit was brought shall determine upon application that, despite the adjudication of liability, but in view of all the circumstances of the case, such person is fairly and reasonably entitled to indemnify for such expenses which the Court shall deem proper. SECTION 3: RIGHT TO PAYMENT OF EXPENSES. To the extent that a Director, officer, employee, or agent of the Corporation has been successful on the merits or otherwise, in the defense of any action, suit or proceeding referred to in Section 1 and 2 of this Article, in the defense of any claim, issue or matter therein, he shall be indemnified against expenses (including attorneys' fees) actually and reasonable incurred by him in connection therewith. SECTION 4: DETERMINATION OF CONDUCT. Any indemnification under Section 1 and 2 of this Article (unless ordered by the a Court) shall be made by the Corporation only as authorized in the specific case, upon a determination that indemnification of the Director, officer, employee or agent is proper in the circumstances because he has met the applicable standard of conduct set forth in Sections 1 and 2 of this Article. Such determination shall be made (1) by the Board by a majority vote of a quorum consisting of the Directors who were not parties to such action, suit or proceeding, or(2) if such quorum is not obtainable or, even if obtainable, a quorum of disinterested Directors so directs, by independent legal counsel and written opinion. SECTION 5: PAYMENT OF EXPENSES IN ADVANCE. Expenses incurred in defending a criminal or civil action, suit or proceeding, may be paid by the Corporation in advance of the final disposition of such action, suit or proceeding as authorized by the Board in a specific case, upon receipt of an undertaking by or on behalf of the Director, officer, employee or agent to repay such amount, unless it shall be ultimately determined that he is entitled to be indemnified by the Corporation as authorized in this Article. SECTION 6: INDEMNIFICATION NOT EXCLUSIVE. The indemnification provided by this Article shall not be deemed exclusive of any other rights to which those seeking indemnification may be entitled under any by-law, agreement, vote of disinterested Directors or otherwise, both as to action in his or her official capacity and as to action in another capacity while holding such office, and shall continue as to a person who has ceased to be a Director, officer, employee, or agent and shall inure to the benefit of the heirs, executors, and administrators of such person. SECTION 7: INSURANCE. The Corporation may purchase and maintain insurance on behalf of any person who is or was a Director, officer, employee or agent of the Corporation or who is or was serving at the request of the Corporation as a Director, 12 officer, employee or agent of another Corporation, partnership,joint venture, trust or other enterprise, against any liability asserted against him and incurred by him in any such capacity, or arising out of his status as such, whether or not the Corporation would have the power to indemnify him against such liability under the provisions of this Article. SECTION 8: REFERENCES TO CORPORATION. For purposes of this Article, references to "the Corporation" shall include, in addition to the surviving Corporation, any merging Corporation (including any Corporation having merged with a merging Corporation) absorbed in a merger which, if its separate existence had continued, would have had the power and authority to indemnify its directors, officers, employees, or agents, so that any person who was a Director, officer, employee or agent of such merging Corporation, or was serving at the request of such merging Corporation as a director, officer, employee or agent of another Corporation, partnership, joint venture, trust or other enterprise, shall stand in the same position under the provisions of this Article with respect to the surviving Corporation as such person would have the respect to such merging Corporation if its separate existence had continued. ARTICLE IX DISSOLUTION Upon the dissolution of the Corporation, after payment of all of the debts and obligations of the Corporation, the Board shall dispose of all of the assets of the Corporation exclusively for the purpose of the Corporation in such manner, or such organization or organization organized and operated exclusively for charitable purposes as shall at the time qualify as an exempt organization or organizations under Section 501(c)(6) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Statute), and the regulations thereunder as the same now exist or as they may be hereafter amended from time to time, as the Board shall determine. Any of such assets not so disposed of shall be disposed by the Circuit Court of the county in which the principal office of the Corporation is then located, exclusively for such purpose or to such organization or organization, as said Court shall determine, which are organized and operated exclusively for such purpose. ARTICLE X AMENDMENTS The power to alter, amend, or repeal the by-laws or adopt new by-laws shall be vested in the Board unless otherwise provided in the Articles of Incorporation or the by-laws. Such action may be taken at a regular or special meeting for which written notice of the purpose of the meeting shall be given, as set forth in these by-laws. The by-laws may contain any provisions for the regulation and management of the affairs of the Corporation not inconsistent with law or the Articles of Incorporation of the Corporation. 13 SIXTH AMENDED INTERGOVERNMENTAL COOPERATION AGREEMENT THIS SIXTH AMENDED INTERGOVERNMENTAL COOPERATION AGREEMENT ("Fifth Amendment") made effective the 15th day of December 2012 by and between the cities of Aurora (hereinafter "Aurora"), Batavia (hereinafter "Batavia"), Plano (hereinafter "Plano"), Sandwich (hereinafter "Sandwich") and Yorkville (hereinafter "Yorkville") and the Villages of Big Rock (hereinafter "Big Rock"), Montgomery (hereinafter "Montgomery"), North Aurora (hereinafter "North Aurora"), and Sugar Grove (hereinafter "Sugar Grove"), all being municipal corporations of the State of Illinois (sometimes individually referred to herein as a "Municipality" and collectively referred to herein as the "Municipalities"). WITNESSETH: WHEREAS, effective December 15, 1987, Aurora, North Aurora, Sugar Grove and Montgomery, executed an Intergovernmental Cooperation Agreement (hereinafter the "Intergovernmental Agreement"), which was subsequently joined by Oswego and Yorkville, for a five-year term beginning on December 15, 1987 and ending on December 15, 1992; and WHEREAS, effective December 15, 1992, the Intergovernmental Agreement was amended by the Municipalities referenced therein extending the term from December 15, 1992 through December 15, 1997, with the exception of North Aurora, which only agreed to extend the term from December 15, 1992 through December 15, 1995; and WHEREAS, effective December 15, 1995, a Second Amended Intergovernmental Agreement was executed for the sole purpose of North Aurora agreeing to extend the term of the Intergovernmental Agreement from December 15, 1995 through December 15, 1997; and WHEREAS, effective December 15, 1997, a Third Amended Intergovernmental Agreement was executed by the Municipalities referenced therein extending the term thereof from December 15, 1997 through December 15, 2002, which was subsequently joined by Plano; and WHEREAS, effective December 15, 2002, a Fourth Amended Intergovernmental Agreement was executed by the Municipalities referenced therein extending the term thereof from December 15, 2002 through December 15, 2007, which was subsequently joined by the City of Batavia, City of Sandwich and the Village of Big Rock; and WHEREAS, effective December 15, 2007, a Fifth Amended Intergovernmental Agreement was executed by the Municipalities referenced therein extending the term thereof from December 15, 2007 through December 15, 2012; and WHEREAS, the Municipalities have agreed to a Sixth Amendment to the Intergovernmental Agreement extending the term thereof for five (5) years from December 15, 2012 through December 15, 2017. NOW, THEREFORE, the Municipalities, in consideration of the mutual covenants and agreements of the parties, do hereby and herein agree as follows: 1. That the term of the Intergovernmental Agreement shall be extended for five (5) years from December 15, 2012 through December 15, 2017 as between all of the Municipalities. 2. That except as set forth in this Sixth Amendment and in the prior Amendments thereto, the Intergovernmental Agreement shall remain in full force and effect as originally executed by the parties. 1 IN WITNESS WHEREOF, the parties hereto have caused this Sixth Amendment to be executed by their appropriate officers effective as of the date first above written. CITY OF AURORA, a Municipal corporation ATTEST: City Clerk Mayor VILLAGE OF NORTH AURORA, a municipal corporation ATTEST: Village Clerk Village President VILLAGE OF SUGAR GROVE, a municipal corporation ATTEST: Village Clerk Village President VILLAGE OF MONTGOMERY, a municipal corporation ATTEST: Village Clerk Village President UNITED CITY OF YORKVILLE, a municipal corporation ATTEST: City Clerk Mayor VILLAGE OF BIG ROCK, a Municipal corporation ATTEST: Village Clerk Village President CITY OF PLANO, a Municipal corporation ATTEST: City Clerk Mayor CITY OF SANDWICH, a Municipal corporation ATTEST: City Clerk Mayor CITY OF BATAVIA, a Municipal corporation ATTEST: City Clerk Mayor 2 CIP Reviewed By: *:1 a► Legal Agenda Item Number Finance EDC #3 EST. � -_ 1836 Engineer City Administrator 0 ��. % Human Resources El Tracking Number ,*�w © Community Development EDC 2012-70 A �V� Police LE ❑ Public Works Parks and Recreation ❑ Agenda Item Summary Memo Title: Countryside Center Concept PUD Plan Meeting and Date: City Council — September 25, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: March 2012 Action Taken: Direction on incentives Item Number: Type of Vote Required: Majority Council Action Requested: Feedback on site plan and development and incentive proposals. Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. -�` Yid 1s36 From: Bart Olson, City Administrator -- � � CC: Date: September 18, 2012 C<wrMY Sad �LE 14 Subject: Countryside Concept PUD Plan and Incentive Agreement Summary Presentation of a concept PUD plan for Countryside Center, and discussion of requested development incentives for the project. Background This item was last discussed by the Administration Committee in March 2012. At that meeting, the committee reviewed options for recruiting a developer to build on the site. Those options are itemized in the attached memo. The City Council ultimately decided to hold onto the bond proceeds and to signal to potential developers that the City Council would be open to development proposals that were outside the requirements of the original agreement(2005) or the revised agreement(2008), and would agree to use remaining TIF proceeds to develop the site. With that information in mind, YEDC Executive Director Lynn Dubajic approached various commercial developers about the Countryside site. After five months of business recruitment, Director Dubajic was able to get Jim Ratos to commit to building the attached 40,000 square foot, 10-screen movie theater. The concept plan for the movie theater development is attached, and has been preliminarily reviewed by staff. Mr. Ratos will be present to discuss various aspects of the development, and to seek feedback from City Council on the site plan. From a land-use perspective, the petitioner has already notified staff that they will need the following list of development entitlements on the site, and staff has reviewed them and feels they are tentatively acceptable, simply based upon the scope of the development: 1) A right-in-right-out access onto southbound Route 47 in the middle of the development. The Countryside redevelopment agreement approved in 2008 authorized a full access onto Route 47 for this development (developer request). Staff is in favor of this request because it will limit stop-lights on Route 47, and will still provide a means of ingress and egress for the development. 2) The petitioner is requesting that all buildings in the Countryside development (not only the movie theater) have a sign on each side of any building. Current City requirements dictate that either one or two signs are allowed per building, depending on street frontage. Staff feels this is an acceptable request, as long as the signs do not directly face the residential areas, or if they face the residential areas that they are adequately screened from the residential areas. 3) On-site directional signage, which will be lower than eye-level. Current City requirements would minimize or restrict the amount of off-site signage. Staff feels this is an acceptable request if the signs are minimal in size and match the aesthetics of the development. 4) The petitioner is requesting a smaller number of parking spaces with a narrower stall than required by City Code, and is requesting that the requirement for landscaped islands be waived. First, the petitioner has consulted with the theater company, who believes that the parking requirements in our code are much higher than necessary, based on their past experiences. Second, the dimensions of the site do not permit the required number of spaces nor landscaped islands. Third, additional parking will be available when the adjacent outlots are developed. Staff accepts limited islands to aisle-end medians only, as similar parking lot characteristics can be seen in Kendall Marketplace. 5) The original Countryside development had two large pylon-style signs in the medians on Countryside Parkway near Route 47 and Center Parkway near Route 34. The petitioner is requesting off-site signs be authorized again. Staff feels the location of the signs is an acceptable request as these signs have been historically located in the medians, and both points provide fully signalized access to the development. The second half of the discussion on this development involves the incentives needed for the developer to recruit the theater to the site. The following list includes the requests by the developer and staff's preliminary thoughts on each request: 6) Disbursement of TIF bond proceeds of$2,000,000 to the developer upon first day of operation of the movie theater(estimated to be November 15, 2013). Staff is accepting of the timing of the request, and has informed the developer that the current bond proceeds available are only—$1.8 million. Staff's preliminary proposal would be disbursement of all available TIF bond proceeds (—$1.8m) and for the remaining gap to be funded by the City's portion of the amusement tax not pledged until the difference between $2,000,000 and actual disbursement has been paid. 7) Access to the I%business district tax proceeds for all businesses developed on the site, for the duration of the business district. Staff feels this is acceptable, as this was contemplated in the most recently approved TIF redevelopment plan(2008). The business district was established in 2009 and by law may remain in effect for a maximum of 23 years from date of original approval. Since all disbursements of business district taxes must be for infrastructure and other costs within the business district, staff proposes no cap on the business district tax incentive, other than the expiration of the business district. All disbursements shall require proof of eligible costs. 8) Access to half of the City's amusement tax received from the movie theater for 10 years. The City's amusement tax is currently 3%, which means the developer would have access to the amusement tax for one and one-half(1.5%)percentage points of the amusement tax. 9) As contemplated in item#6 above, staff would propose the gap between the available bond proceeds and $2,000,000 be funded with the other half of the City's amusement tax. When the $200,000 gap is eliminated, the amusement tax would then be shared 50150 for the remainder of the term in item#8. Recommendation Staff requests feedback on the proposed site plan, development proposals, and incentive proposals. 1 2 3 4 5 ti *11k7 i^t c ''•'q •I , i 1• 4' ;i 'I. ', Y' Vk 3 t ��CV' Ak jo 0` wo• • r - r 1 41 D �' � Lo - • S z1 ► , f, y e - - - - -- -— ; - - _ SCALE:1"=100' y Zo , _ • ,r �PGA . - - .` - r 4 Uj Uj Lid Z - - - Z � Sublot 2 - C i / Homeal � PARKING SPACES • P LACE •• :. j. - , REQUIRED TARGET ACTUAL • 4 y w REGULAR HANDICAP Sublot 3 r 1 . \ I THEATER 662 400 411 7 , t �ec� Sublot 1 � TOTAL 418 tI ,FIX . .:, v Ale. � d \ Q r w A — 0 a.s w r a� a B 3 t o a SUBLOTS/BUILDINGS jkv PLACE BLDG AREA CAPACITY PROPERTY — — rn H Q ease - - SUBLOT 1 6.67 AC o r Fl F , �r p0 SF R o o } �N wF o b> , r ' SUBLOT 2 1 .03 AC SUBLOT 3 - - 1 .32 AC o wo , SUBLOT 4 �m o oN wz p 38,500 1 ,984 7.60 AC E z " _ .. THEATER o o N } r r W W U -j p, O L.L . ! U) w Z W 0 re 1 � L a fir , 1 - - , - rUJ �- W /� W W �/) dtJ o l ; - 1 - r ,�`r• : . E _ -- r' ' DRAWING NUMBER w, C- 1 100 rs ' � - ,. . , ,� _ - -- '' _- -- __._ '�• 'r I - i � ' * SHEET X OF Y Memorandum To: Administration Committee EST. -�` Yid 1s36 From: Bart Olson, City Administrator -- � � CC: Date: March 9, 2012 C<wrMY Sad �LE ��' Subject: Countryside TIF Summary Discussion of available alternatives for the Countryside Center project, and TIF fund. Background This item was last discussed, briefly, at the February Administration Committee meeting, and prior at the City Council meeting on January 24th in a budget presentation. The purpose of this agenda item is to discuss the available alternatives for the Countryside Center redevelopment project, and for the Countryside TIF fund. The Countryside TIF fund budget, debt service schedule, TIF ordinance, and TIF redevelopment agreements (one in 2005, another in 2008) are attached for your use. Attorney Orr and YEDC Director Lynn Dubajic will be on hand at the meeting to answer questions. The issue The most pressing issue with the Countryside project is articulated in the budget narrative memo: "We are expected to be upside down on this bond in FY 18 (no bond proceeds left to pay debt service scheduled through 2024. This poses a significant drain on cash-flow each year from 2013 until 2024. If this bond could be refinanced, or if we could find a developer to generate property tax increment within the TIF district, this would eliminate our FY 18 event horizon and would improve cashflow." This cash outflow is illustrated on the summary page of the Countryside TIF fund budget. The budget has an annual deficit of $300,000 and the fund balance approaches $0 in FY 17. This assumes though, that absolutely nothing changes with the property between now and 2017. Our options In order to accurately discuss options, it is important to understand the mechanisms of the TIF district—which is why Attorney Orr will be present at the meeting to give everyone a brief "TIF 10 1." In short, the fund has deficits because we issued a bond and incurred a debt obligation, and do not have a TIF revenue stream. The TIF revenue stream is not present because the center was demolished as part of the original TIF agreement. It should be noted that even if the Center would not have been physically torn down, that the economic downturn and vacancy rate (even prior to the downturn)would have likely resulted in a minimal property tax increment—and we would still be studying the same options. Although, if the Center hadn't been torn down, we may not have issued the bond. The first option is to take no action. We would continue to pay the yearly debt service with bond proceeds,until eventually running out of proceeds after the FY 18 payment. At that point,we would still have 7 years of debt service payments to make at $300,000 per year. These payments would have to be made with funds from another budget. This option is should be considered if we think that a developer will develop the site without TIF funds before FY 19, or if we are comfortable with paying 7 years of debt service (—$2.1 million) from 2019 through 2025. The second option is to refinance. Assuming that we could find a bond buyer for the refinancing, we could stretch the existing debt obligation much farther out, incurring additional interest but making the yearly payments much cheaper than they are currently. This option should be considered if we think the property is likely to never be developed and we would prefer to pay less each year but more in total. This option could be considered if we think the property could be developed without TIF funds, but at some point in the next 5-15 years, and we think we could get an extension on our TIF district. In that scenario, refinancing would allow us to decrease the yearly debt obligation and make the payments each year with whatever property taxes are generated on site. That scenario would also require us to extend the TIF district past its current expiration in 2028, which can only be done by the state legislature. The third option is to develop the property with TIF funds. The original TIF agreement in 2005 required the developer to build 80,000 square feet of retail space, prior to distribution of TIF funds. The revised TIF agreement in 2008 increased that requirement to 166,000 square feet. This option would require us to find the equilibrium between what we want on the property vs. what can be built in the current economy for the amount of TIF funds we have left (currently $1.8 million). Lynn Dubajic is prepared to discuss the local economy and potential uses for the site that would meet our requirements. Lowering our requirements in the agreement and inducing someone to build on the property would result in incremental TIF revenues,which we could then use to pay down the yearly obligation. For this scenario, it is recommended that the issue be sent to the Economic Development Committee for further discussion. Of course, there are always other options—which may include a combination of some of the above. Staff will be prepared to discuss all options at the meeting. STATE OF ILLINOIS ) ) ss,. COUNTY OF KENDALL, ) Ordinance No. 2008- 13 ORDINANCE APPROVING THE REDEVELOPMENT AGREEMENT FOR THE COUNTRYSIDE CENTER, YORKVILLE, ILLINOIS WHEREAS, by Ordinance No. 2005- 10A adopted by the Mayor and City Council of the City (the "Corporate Authorities") on February 8, 2005, a Tax Increment Financing Redevelopment Project and Plan for the US Route 34 and Illinois Route 47 (Countryside Shopping Center) (hereinafter the "Redevelopment Plan") was approved, which Redevelopment Plan covered an area of approximately 20 acres legally described therein, as of said date being improved as a commercial shopping center with approximately 158,000 square feet of retail space on approximately 18 acres of land owned by the Developer plus approximately two acres of adjacent right of way within State Route 47 (the "Center"); and, WHEREAS, by Ordinance No. 2005-IOB and No. 2005- IOC adopted by the Corporate Authorities on February 15, 2005, the City designated the Center as a "redevelopment project area" and adopted tax increment financing pursuant to the Tax Increment Allocation Redevelopment Act (65 ILLS 5/11 -4.4- 1 e seq.) (hereinafter referred to as the "Act'); and, WHEREAS, pursuant to the Act, the City entered into a Redevelopment Agreement with the Developer which Redevelopment Agreement provided for the redevelopment of the Center, including, at a minimum, the demolition of the existing structures, reconfiguration of the Center and adjoining roadways, and construction of no less than 80,000 square feet of retail space; and, WHEREAS, in order to induce the Developer to proceed with the Development, the City issued tax exempt alternative revenue bonds in an amount which provided net proceeds of Three Million Dollars ($3 ,000,000) after funding for capitalized interest and payment of all bond issuance costs, which net proceeds were to be available to assist with the redevelopment of the Center (the "Bond Proceeds"); and, WHEREAS, as further inducement to the Developer, the City was also prepared to reimburse the Developer for additional redevelopment costs through the issuance of a note payable to the order of T-L in accordance with the terms and conditions as set forth in said Redevelopment Agreement; and, WHEREAS, the Developer undertook the demolition of existing structures and received $500,000 of the Bond Proceeds from the City, however, despite the best efforts of the Developer, the redevelopment of the Center in accordance with the approved concept plan did not proceed and it became apparent that a new concept for development would be required in order to attract viable retail businesses; and, WHEREAS, the Developer has presented a new concept plan for a "town center" to include a retail project of one story specialty retail shops, full and limited service dining establishments; entertainment and hospitality uses; with pedestrian walkways; extensive plantings; and, resting areas; and, WHEREAS, the new concept plan includes incorporation of green roof elements, use of low volatile organic compound materials, insulation which meets or exceeds energy codes and the use energy management systems; and, WHEREAS, in order to proceed, in addition to incentives granted in 2005, the Developer has requested designation of the Center as a "business District' under the Business District Development and Redevelopment Act (65 ILLS 5/11 -743 et seq.) and the issuance of bonds as permitted by the Act, all as set forth in the Redevelopment Agreement as presented to this City Council; and, WHEREAS, the City recognizes that the development of the Center is of vital importance to the City given its strategic location near the intersection of two primary commercial corridors of the City and therefore is prepared to utilize the economic incentives available pursuant to the Act, the Economic Incentive Act and the Business District Act, in order to induce the Developer to incur extraordinary costs to create an outdoor lifestyle center as its town center, including a mix of full and limited service dining and specialty retailers within a unique pedestrian environment. NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Redevelopment Agreement for the Countryside Center, Yorkville, Illinois, by and between the United City of Yorkville, a municipal corporation, and T-L Countryside, LLC, a Delaware limited liability company, as presented to this meeting is hereby approved and the Mayor and the City Cleric are hereby authorized to execute and deliver said Agreement and undertake any and all actions necessary to implement or cause the implementation of all provisions contained therein Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this 12`x' day of August, 2008, ROBYN SUTCLIFF JOSEPH BESCO Lt— ARDEN JOE PLOCHER WALLY WERDERICH c GARY GOLINSKI vim_ MARTY MUNNS ROSE SPEARS v�(U BOB ALLEN APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _ 104'p'-day of QUA a�_ A.D, 2008. Mayor Attest: Ci rl o REDEVELOPMENT AGREEMENT FOR THE COUNTRYSIDE CENTER, YORKVILLE, ILLINOIS THIS AGREEMENT dated as of the _Q� clay of kx t , 2008, by and among the United City of Yorkville, Kendall County, Illinois, a municipal corporation (hereafter the "City") and T-L, Countryside LLC, a Delaware limited liability company (hereafter the "Developer").. WITNESSETH : WHEREAS, by Ordinance No 2005- 10A adopted by the Mayor and City COUncil of the City (the "Cwpoi°ate authorities") on February 8, 2005 , a Tax Increment Financing Redevelopment Project and Plan for the US Route 34 and Illinois Route 47 (Countryside Shopping Center) (hereinafter the "Redevelopment Plan") was approved, which Redevelopment Plan covered an area of approximately 20 acres legally described on Exhibit a attached hereto and made a part hereof, the boundary of which is depicted on Exhibit B also attached hereto and made a part hereof, as of said date being improved as a commercial shopping center with approximately 158,000 square feet of retail space on approximately 18 acres of land owned by the Developer plus approximately two acres of adjacent right of way within State Route 47 (the "Center"); and, WHEREAS, by Ordinance No 2005- 1OB and No 2005- 10C adopted by the Corporate Authorities on February 15 , 2005 , the City designated the Center as a "redevelopment project area" and adopted tax increment financing pursuant to the Tax Increment Allocation Redevelopment Act (65 ILLS 5/11 -744- 1 et seq.) (hereinafter referred to as the "act'); and, WHEREAS, pursuant to the Act, the City entered into a Redevelopment Agreement with the Developer which Redevelopment Agreement provided for the redevelopment of the Center, 05392\00547\475743 5 including, at a minimum, the demolition of the existing structures, reconfiguration of the Center and adjoining roadways, and construction of no less than 80,000 square feet of retail space; and, WHEREAS, in order to induce the Developer to proceed with the Development, the City issued tax exempt alternative revenue bonds in an amount which provided net proceeds of Three Million Dollars ($3 ,000,000) after finding for capitalized interest and payment of all bond issuance costs, which net proceeds were to be available to assist with the redevelopment of the Center (the "Brand Proceeds"); and, WHEREAS, as of the date hereof, there is approximately Two Million Eight Hundred and Eighteen Thousand Ten Dollars and Sixty Cents ($2,818,010.60) in the aggregate on deposit in the City's Special Tax Allocation Fund, Bond Fund and Project Fund from the Bond Proceeds; and, WHEREAS, as further inducement to the Developer, the City was also prepared to reimburse the Developer for additional redevelopment costs through the issuance of a note payable to the order of T-L in accordance with the terms and conditions as set forth in said Redevelopment Agreement; and, WHEREAS, the Developer undertook the demolition of existing structures and received $500,000 of the Bond Proceeds from the City, however, despite the best efforts of the Developer, the redevelopment of the Center in accordance with the approved concept plan did not proceed and it became apparent that a new concept for development would be required in order to attract viable retail businesses; and, WHEREAS, pursuant to the Illinois Municipal Code, 65 ILCS 5/ 1 - 1 - 1 , et seq., (the "Code") as from time to time amended, and more specifically, Sec 8- 11 -20 (the "Econonnic Incentive Act"), the Corporate Authorities are empowered to enter into economic incentive 05392\005417\475743.5 2 agreements or redevelopment agreements relating to the development or redevelopment of land within the City's corporate limits by which the City is authorized to rebate, share and/or pledge a portion of any retailer' s occupation taxes received by the City pursuant to the Illinois Retailers' Occupation Tax Act (35 ILCS 120/1 et wq as a direct result of such development or redevelopment; and, WHEREAS, the Developer has recluested that the Center° be designated a "Business District" in accordance with the Business District Development and Redevelopment Act (65 ILCS 5/ 11 -74, 3 et seg.) (the "Business District Act") pursuant to which the City is authorized to adopt a development or redevelopment plan and impose a business district retailers ' occupation tax and a business district service occupation tax ("Business Disarict Taxes") to pay business district project costs including the planning, execution and implementation of an approved business dish°ict plan; and, WHEREAS, design elements of the new concept plan presented by the Developer is an outdoor lifestyle center and which includes resting places, pedestrian-friendly medians, raised crosswalks, advanced stop lines, wide and raised sidewalks, on-street parking, multiple fountains, pavers, planters, and themed way directional signage (the "Concept Plan "); and, WHEREAS, the Developer has agreed to use commercially reasonable efforts to design and construct the Project to include light pollution reducing and high efficiency luminaires, to incorporate select green roof elements into the constrnetion of the roof to reduce heat island effects, to use low volatile organic compound materials, to design and construct the walls, roof and windows with an insulation value that meets or exceeds state energy codes, to encourage occupants of the Project to use energy management systems and has agreed to promote the use of recycled content building materials; and, 05392\10547\475743 5 3 WHEREAS, the City recognizes that the development of the Center is of vital importance to the City given its strategic location near the intersection of two primary commercial corridors of the City and therefore is prepared to utilize the economic, incentives available pursuant to the Act, the Economic Incentive Act and the Business District Act, in order to induce the Developer to incur extraordinary costs to create an outdoor lifestyle center as its town center, including a mix of frill and limited service dining and specialty retailers within a unique pedestrian environment. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants hereinafter° set forth, the parties agree as follows: Section L Statements of C/ttderstanding and Mtttttal Agt•eenteitt A. The Center has been designated by the City as a Redevelopment Project Area pursuant to the Act, which designation has not been amended or repealed and the redevelopment of the Center remains eligible for the benefits pursuant to the Act as may be approved by the City B, Under the Economic Incentive Act, in order to qualify for a sharing or rebate of all or a portion of Sales Taxes derived from the Center, the City must find that the property subject to the sharing or rebate agreement, if vacant, has been vacant for at least a year, or if a building had been located thereon, such building had been demolished within the last year and did not meet applicable building codes; or, such building was underutilized; or, the property, if developed, supports buildings which do not meet current codes or are underutilized; and, as a direct result of any economic incentive agreement, the City will benefit through the retention or creation of jobs; the strengthening of its commercial environment; the enhancement of its tax 05392\00547\475743 5 4 base; and the development will serve as a catalyst for the commercial development of adjacent areas C, In order to utilize the benefits available under the Business District Act, it is necessary that the City undertake and approve a specific plan for a business district (which plan must be in conformance with the City' s comprehensive plan) after no less than two (2) public hearings and findings of blight thereby requiring a development program . The City is prepared to proceed with a study to determine the Center's eligibility for the designation as a Business District and the preparation of a plan to supplement the Redevelopment Plan and a program to create a business district centered around a town center It is hereby agreed by the parties hereto that any commitments by the City for imposition of Business District Taxes pursuant to the Business District Act as hereinafter set forth is subject to the Center's eligibility and designation as a Business District. D. It is understood and agreed that prior to the submittal of a Final Plan for development, the Developer shall undertake all procedures as required pursuant to Chapter 13 of the City's Zoning Ordinance to rezone the Center as a Planed Unit Development E. The representations and recitations set forth in the preambles hereto are material to this Agreement and are hereby incorporated into and made a part hereof as though fully set forth in this Section I and said representations and recitations constitute the understandings of the City and the Developer. Section H. Development Program, A Commencing with the execution of this Agreement and until redevelopment of the Center is completed and the Center is fully occupied, the Developer shall conduct a 05392\00547\475743 5 5 marketing and leasing program for the Center to attract businesses suitable for occupancy in the Center. B _ Within thirty (30) days of the execution of this Agreement, the Developer shall submit to the City the Concept Plan for the Center which shall, at a minimum, include the following (hereinafter the "Project") : 1 . A one-story pedestrian oriented town center with no less than 166,000 square feet of building area designed for retail businesses such as full and limited serving dining, retail specialty shops, and entertainment or hospitality uses; 2 Construction of a new entranceway to the Center, including installation of a traffic signal and widening of Route 47 as necessary; 1 Improvements to Countryside and Center Parkways; and, 4. Site amenities including brick accented parking and walkway areas with a fountain, extensive plantings and resting areas. C.. Within thirty (30) clays of the execution of this Agreement, the Developer shall submit to the City its best estimate of a budget for the Project, excluding: any operating deficits incurred through calendar year 2008; acquisition loan interest; previously reimbursed demolition costs; deferred management and T1F subsidy fees owed by Developer to Tri-Land Properties, Inc ("Tri-Land"); financing fees owed by Developer to Tri-Land; or any costs incurred by Developer associated with the raising of equity. D. On or before June 1 , 200% the Developer shall have submitted to the City an application to rezone the Center as a Planned Unit Development as required by the City Code of Ordinances, including Chapter 13 thereof. 05392\00547\475743 5 6 E. On or before March 31 , 2010, the Developer shall have (i) submitted to the City a Final Plan for the redevelopment of the Center and the other components of the Project which shall conform to the approved Concept Plan and provide for no less than 166,000 total square feet of retail space, (ii) procured executed leases for no less than 60,000 square feet of retail space and (iii) committed to construct an additional 25,000 square feet of tenant space consistent with the Final Plan . Section III, City 's Commitments A. The City agrees to assist with the costs to be incurred by the Developer in connection with the widening and improvements to Route 47 including installation of a traffic signal and construction of a new entranceway from Route 47 into the Center (collectively the "Route 47 Improvements") in an amount equal to the lesser of 50% of the total cost of the Route 47 Improvements or $550,000 on the following terms: I . Construction of the Route 47 Improvements shall commence as soon as reasonably practicable after approval of the plan and design by the Illinois Department of Transportation and be prosecuted diligently to completion in accordance with such approved plan and design. 2. Payment shall be made by the City from the balance of the Bond Proceeds Two Million Eight Hundred and Eighteen Thousand Ten Dollars and Sixty Cents ($2,818,010.60) to the Developer within thirty (30) days of receipt of a request for payment, which request must be accompanied by an itemized list of all costs, invoices therefor and, as applicable, waiver of all lien rights from all contractors and subcontractors. 05392\00547\475743 5 7 B. At the request of the Developer on or before March 31 , 2010, the City shall undertake the establishment of a Business District pursuant to the Business District Act and authorize the imposition of Business District Taxes in the amount of 1 % of the selling price of tangible personal property; I % of the price of sales of' service; or I % of the value of a transfer of tangible personal property on the following terms : I Receipt of verification by Kane, McKenna & Associates, Inc., or another qualified consultant approved by the City that the Center is eligible for designation as a Business District under the Business District Act; and, 2 The Business District Taxes shall be deposited into a separate fund as determined by the City, consistent with the Business District Act and used for the purposes and in the amounts set forth in Section IV hereof. C. The City further agrees to pay or rebate to the Developer and/or pledge as security for the TIP Bonds (as hereinafter defined) 50% of the Sales Taxes generated from the retail businesses operating at the Center in accordance with the terms and conditions set forth in Section IV hereof based upon the following findings: 1 . The property had been and remained vacant for at least one year; 2. The Project is expected to create job opportunities within the City; 3 , The Project will serve to further the development of adjacent areas; 4. That without incentives including the Sales Tax Rebate herein set forth, the Project would not proceed; 5 , That the Developer meets the high standards of creditworthiness and financial strength by warranting that the Developer has contributed no less than 10% of the total cost of the Project; 05392\00547W75743 5 8 6. That the Project will strengthen the commercial sector of the City; 7 . That the Project will enhance the tax base of the City; and, 8_ That this Agreement to share, rebate or pledge Sales Taxes is in the best interest of the City Section IV. Disb ibution of Bond Proceeds to the Developer. A. On March 15, 2005, the City issued the United City of Yorkville, Kendall County, Illinois, $3 ,525,000 General Obligation Bonds (Alternate Revenue Source), Series 2005 (the "Allernale Revenue Bonds") to which it pledged and hereby restates its pledge of all Incremental Real Estate Taxes (as hereinafter defined) derived from the Redevelopment Project Area and the rebate of 50% of the Sales Taxes derived from the Project. The City realized $3,000,000 in Bond Proceeds from the issuance of the Alternate Revenue Bonds after payment of all costs of issuance and capitalized interest and distributed $500,000 of the Bond Proceeds to the Developer as reimbursement for a portion of the cost of demolition of structures which were located at the Center. B. The City hereby agrees to utilize the balance of the Bond Proceeds from the Alternate Revenue Bonds to fund its obligation to assist with the cost of the Route 47 hnprovements pursuant to the terms and conditions as set forth in Section Ill A hereof in an amount not to exceed $550,000 Provided the Developer has satisfied the conditions set forth in Sections ILD and III, the City agrees to distribute the remaining balance of the Bond Proceeds from the Alternate Revenue Bonds less such sums as deemed necessary to provide for 125% of the debt service requirements until the combination of the projected Business District Taxes, Incremental Real Estate Taxes (as hereinafter defined) and 50% of the Sales Taxes to be generated by the Center 05392\0051;7\475743 5 9 shall be sufficient to make all futui°e debt service payments on the Alternative Revenue Bonds based upon a feasibility report delivered to the City by the Developer and prepared by Kane, McKenna & Associates, Inc, or another consultant approved by the City . Distribution of such remaining balance of Bond Proceeds shall be solely for eligible Redevelopment Project Costs. To the extent any portion of the remaining Bond Proceeds that are held in reserve by the City to pay debt service on the Alternate Revenue Bonds are not so applied, such Bond Proceeds shall be distributed to the Developer. C . For purposes of this Agreement, "Redevelopment Project Costs" shall mean and include all costs defined as "redevelopment project costs" in Section 11 -74.4-3(q) of the TIP Act which are eligible for reimbursement under the TIF Act, including land acquisition costs. The parties acknowledge that the determination of Redevelopment Project Costs and qualification for reimbursement under this Agreement ar*e subject to the TIF Act, all amendments to the TIF Act both before and after the date of this Agreement, and all administrative rules and judicial interpretations rendered during the tern of this Agreement. The City has no obligation to the Developer to attempt to modify said rules or decisions but will cooperate with the Developer in obtaining approval of Redevelopment Project Costs. D. For purposes of this Agreement, "Incremental Real Estate Taxes" shall mean the amount of ad valorem taxes, if any, paid in respect of the Center and its improvements which is attributable to the increase in the equalized assessed value of the Center and its improvements over the initial equalized assessed value of the Center as determined by the County Assessor in accordance with the TIF Act , Section V. Issuance of TIF Bonds. 0539210054A475743 5 10 A After provision is made for the annual payment of the debt service due on the Altemate Revenue Bonds, the City shall pledge the balance of all Incremental Real Estate Faxes, the Business District Taxes and 50% of the Sales Taxes to the payment of bonds to be issued in an amount sufficient to provide net proceeds after payment of all costs of issuance, capitalized interest for the maximum period permitted by law and fund a debt service reserve, in an amount not to exceed a sum (the "Additional Subsidy ") calculated as (i) eleven million eight hundred seventy thousand seven hundred thirty six dollars ($ 11 ,870,736) (the "Alla.xinium Total Subsidy ") minus (ii) the total amount distributed to Developer under Section IV.B (the "TIF Bonds"). Issuance of said TIF Bonds shall be contingent upon satisfaction of the conditions set forth in Sections 11 D and III and the Developer' s ability to procure a TIF Bonds purchaser. All costs of issuance of the TIF Bonds are payable from the proceeds thereof provided, however, in the event the TIP Bonds are not sold, the Developer shall indemnify the City for any and all costs incurred by it in connection with any preparation to prepare the documentation to proceed with the issuance of said TIF Bonds . B . The TIF Bonds shall be due and payable on or before December 31 , 2029, as provided for in the Act, and shall be subordinate in all respects to the Alternate Revenue Bonds and conditioned upon the ability of the Developer to market and sell such TIF Bonds . C, Proceeds of the TIF Bonds shall be used to reimburse the Developer for Redevelopment Project Costs in accordance with the procedures set forth in Section VIII hereof and all the terms and conditions as may be imposed pursuant to a trust indenture to be executed by the City in connection with the issuance of the TIF Bonds Section VI. Issuance of Developer 's Note 05392V00547A475743 5 11 A Upon satisfaction of the conditions set forth in Sections I1 D and III, the City shall pay additional reimbursement to the Developer for redevelopment Project Costs in an amount not to exceed the excess of (i) the Additional Subsidy over (ii) the net proceeds of the IIF Bonds actually distributed to the Developer pursuant to Section V, plus interest, such obligation to be evidenced by the City's promissory note or notes, after approval of a Request for Reimbursement as provided in Section VIII. The note shall be in the form attached hereto as Exhibit C (the "Developer 's Nole"), hearing interest equal to the rate of interest being paid from time to time by Developer to the holder of the first mortgage lien on the Center, which Developer' s Note shall be deemed an obligation issued by the City pursuant to the Act , The Developer' s Note shall not constitute a general obligation of the City, nor shall the Developer 's Note be secured by the full faith and credit of the City., Principal and interest on the Developer's Note shall be payable solely from the Special Tax Allocation Fund ("STAF") and special sales tax fund ("STFUND") as hereinafter established after payment of the annual debt service on the Alternate Revenue Bonds and the TIF Bonds. Said Developer Note shall be subordinate in all respects to the Alternate Revenue Bonds and the TIF Bonds In no event shall amounts paid to the Developer under Section IV B, Section V and this Section VI exceed, in the aggregate, the Maximum Total Subsidy plus interest on the Developer' s Note , THE TIF BONDS AND TFIE DEVELOPER' S NOTE ARE LIMITED OBLIGATIONS OF THE CITY PAYABLE SOLELY FROM THE FUNDS PLEDGED HEREUNDER OF INCREMENTAL REAL ESTATE TAXES, 50% OF THE SALES TAXES AND TLIE BUSINESS DISTRICT TAXES AND ARE NOT BE TO BE SECURED BY THE FULL FAITH AND CREDIT OF THE CITY. Section VII. Establishment of the STAF and STFUND. 05392\00547\475743 .5 12 A In connection with the establishment and ongoing administration of the Redevelopment Project Area, the City has established the STAF pursuant to the requirements of the TIF Act into which the City shall deposit all Incremental Real Estate Taxes generated by the Redevelopment Project Area Furthermore, the City has established a special sales tax fund into which the City shall deposit 50% of all Sales Taxes received Prom the Redevelopment Project Area and all of the Business District Taxes received from the Business District at the Center (the "STFUND"). All deposits in the STAF are hereby pledged as follows: 1 First, to the payment of all principal and interest on the Alternative Revenue Bonds, which amounts shall be set aside upon receipt to ensure sufficient finds lot the amounts due for the next succeeding semi-annual payment; 2 Second, to the payment of the TIF Bonds as mandated by a trust indenture approved and executed by the City; 3 . Third, to the payment of interest due and owing on any outstanding Developer's Note; and, 4, Fourth, to the payment of outstanding Principal on the Developer 's Note. B. To the extent finds are insufficient in the STAF to pay any of the foregoing, the STFUND shall be applied by the City to pay any deficiency in the amounts due in the same order as the deposits to the STAF. C . Upon termination of this Agreement or after payment of all principal and interest on all outstanding Alternate Revenue Bonds and cancellation thereof, payment in full of all principal and interest on all outstanding TIF Bonds and cancellation thereof, and payment of 05392\00547\475743 5 13 principal and interest on the Developer's Note, all amounts deposited into the STAF and the STFUND shall be utilized by the City in accordance with all applicable laws . Section VIII. Reimbursement of Redevelopment Project Costs. To establish a right of reimbursement for Redevelopment Project Costs under this Agreement, whether from the Bond Proceeds or in order to cause the City 10 issue its Developer's Note the Developer shall submit to the City a written statement in the form attached to this Agreement as Exhibi! D (a "Request ,for Reimbursement") setting forth the amount of reimbursement requested and the specific Redevelopment Project Costs for which reimbursement is sought . Each Request for Reimbursement shall be accompanied by such bills, contracts, invoices, lien waivers or other evidence as the City shall reasonably require to evidence the right of the Developer to reimbursement under this Agreement. The City shall have thirty (30) days after receipt of any Request for Reimbursement from the Developer to recommend to the City Treasurer approval or disapproval of such Request and, if disapproved, to provide the Developer, in writing and in detail, an explanation as to why the City is not prepared to recommend such reimbursement, The only reasons for disapproval of any expenditure for which reimbursement is sought shall be that (i) it is not an eligible Redevelopment Project Cost under the TIF Act; (ii) inadequate documentation has been provided to substantiate such expenditure; (iii) it was not incurred and completed by the Developer in accordance with all applicable City Code requirements and the provisions of this Agreement, including without limitation, all approved permits; or, (iv) an amount equal to the Maximum Total Subsidy (plus interest on the Developer's Note) has been distributed to the Developer. The parties acknowledge that the determination of Redevelopment Project Costs and qualification for reimbursement under this Agreement are subject to the TIF Act, all amendments to the TIP Act 05392\00547\475743 5 14 both before and after the date of this Agreement, and all administrative rules and ,judicial interpretations rendered during the term of this Agreement fhe City has no obligation to the Developer to attempt to modify said rules or decisions but will cooperate with the Developer in obtaining approval of Redevelopment Project Costs. C Request for Reimbursement of Redevelopment Project Costs from the Bond Proceeds or the proceeds from the sale of the TIF Bonds shall be made no more frequently than monthly After such scans have been distributed, Request for Reimbursement of Redevelopment Project Costs shall be made no more frequently than semi-annually. Section IX. Further Undertakings on the Part of Developer. The Developer covenants and agrees that the Project shall result in a total investment of no less than $40,277, 763 , including $2,400,000 for improvements to adjoining public, roads. Section X. Term Unless earlier terminated pursuant to Section .XXIV, the term of this Redevelopment Agreement shall commence on the date of execution and end December 31 , 2029 (the "TIF Termination Date"), except for the Business District designation and benefits provided thereunder, which shall terminate on the termination date established by its governing ordinance. Section .XI. Verification of Tax Increment A. The Developer shall use its best efforts to cooperate with the City in obtaining copies of its real estate tax bills payable in 2008, and paid in each subsequent year during the term of this Redevelopment Agreement. B . In order to calculate the Incremental Sales Taxes, the Developer (and any transferee of all or a portion of the Center) and the City shall cooperate to provide the City access to the sales tax data of those retail business that are located in the Center The City and the 05392\00547\475743 5 15 Developer (and any transferee of all or a portion of the Center) shall jointly exercise reasonable efforts to establish a system with the Illinois Department of Revenue to arrange for the receipt of such information. Additionally, the Developer (and any transferee of all or a portion of the Center) shall provide or cause to be provided to the City appropriate completed Illinois Department of' Revenue sales tax returns, or powers of attorney to obtain the data reported thereon, for each such retail business. The Developer (and any transferee of all or a portion of the Center) shall exercise commercially reasonable efforts to include such provisions in each of its leases for property within the Center as may be necessary in to enable the Developer (and any transferee of all or a portion of the Center) to comply with the terms of this paragraph. To the extent such Incremental Sales Taxes received by the City are not required to pay debt service on the Alternate Revenue and TIF Bonds for the debt service payments due the following twelve months, such Incremental Sales Taxes are hereby deemed Excess Sales Tax Increment. Each calendar year during the term of this Redevelopment Agreement, on or before the date the annual installment is due and payable on the Developer's Note as provided in Section Vl, the City shall deposit all Excess Incremental Sales Taxes to be used to pay the Developer' s Note into the STFUND provided in Section VII. Section XII. No Liability of City,for Others for Developer 's Expenses. The City shall have no obligation to pay costs of the Project or to make any payments to any person other than the Developer, no shall the City be obligated to pay any contractor, subcontractor, mechanic, or materialman providing services or materials to the Developer for the development of the Project. Section XIII. Time; Force Majeure. Time is of the essence of this Redevelopment Agreement, provided, however, a party shall not be deemed in material breach of this Redevelopment Agreement with respect to any 05392V00547A475743 5 16 obligations of this Redevelopment Agreement on such party' s part to be performed if such party fails to timely perform the same and such failure is due in whole or in part to any strike, lock-out, labor trouble (whether legal or illegal), civil disorder, weather conditions, wet soil conditions, failure or interruptions of power', restrictive govenmmental laws and regulations, condemnations, riots, insurrections, acts of terrorism, war, fuel shortages, accidents, casualties, floods, earthquakes, fires, acts of God, epidemics, quarantine restrictions, freight embargoes, acts caused directly or indirectly by the other party (or the other party ' s agents, employees or invitees) or similar causes beyond the reasonable control of such party ("Face Alajewe") If one of the foregoing events shall occur or either party shall claim that such an event shall have occurred, the party to whom such claim is made shall investigate same and consult with the party malting such claim regarding the same and the party to whorm such claim is made shall grant any extension for the performance of the unsatisfied obligation equal to the period of the delay, which period shall commence to run from the time of the commencement of the Force Majeure; provided that the failure of performance was reasonably caused by such Force Majeure, Section X[V. Coirveyance or Assigrnnreat of'tlte Center . The Developer may not sell, transfer, assign or otherwise convey all or any portion of its interest in the Center (any of the foregoing being herein defined as a " Tram fer ") during the term of this Redevelopment Agreement without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed or conditioned. Notwithstanding the provisions of the immediately preceding sentence, the City agrees that it will not withhold its consent to any proposed Transfer (i) of all or any portion of the Center to an occupant that will operate a business in the Center or to any transferee that is an Affiliate (as hereinafter defined) of such business operator, (ii) to any Affiliate of Developer, (iii) to a transferee who either (a) directly or 05392\00547\475743 5 17 indirectly through an Affiliate, has substantial and demonstrable experience in the operation or management of retail shopping centers similar in size to, or greater in size than, the Center or (b) as a condition precedent to the closing of the Transfer, will enter into a management agreement (a copy of which shall be delivered to the City) with Developer or another entity having substantial and demonstrable experience in the operation or management of retail shopping centers similar in size to, or greater in size than, the Center, and will continuously keep the Center under the management of such management company or one or more successors with the foregoing qualifications In all instances, it shall be a condition of the City's obligation to consent to a proposed Transfer that the proposed transferee execute a document in form and substance reasonably satisfactory to the City that evidences such transferee's agreement to be bound by the terms and provisions of this Redevelopment Agreement during such transferee' s period of ownership of the Center or any portion thereof, including, without limitation, the obligation to provide to the City, or arrange for the provision to the City of, sales tax data of those retail businesses located in the portion of the Center owned by such transferee as described in Section VII The Developer's Note may be assigned by the Developer in connection with any Transfer made in accordance with the provisions of this Section X. As used in this Redevelopment Agreement, an "Affiliate " means, with respect to any person or entity, any person or entity directly or indirectly, through one ( 1 ) or more intermediaries, controlling, controlled by or under common control with such person or entity. Anything set forth herein to the contrary notwithstanding, the Developer or any permitted successor° my freely grant mortgages on the Center at any time and from time to time without the consent of tile City, Section XV Developer 's Indemnification 05392\00547\475743 5 18 The Developer shall indemnify and hold harmless the City, its agents, officers and employees (individually an "bzdenmilee " and collectively the "bulenn7itees ") from and against any and all obligations, losses, damages, penalties, actions, claims, suits, liabilities, judgments, costs and expenses (including reasonable attorney ' s fees and disbursements of counsel for such Indemnitees) which may arise directly or indirectly from ( i) the failure of the Developer to comply with any of the terms, covenants or conditions set forth in this Redevelopment Agreement, (ii) the Developer's failure to pay general contractors, subcontractors or matedalmen in connection with improvements to the Center funded with the proceeds of the Bonds or the Developer's Note or ( iii) the existence of any material misrepresentation or omission on the part of the Developer in this Redevelopment Agreement or any other document related to this Redevelopment Agreement that is the result of information supplied or omitted to be supplied by the Developer, or (iv) bodily injury, death or property damage caused by the alleged or actual negligence, recklessness or willful misconduct of the Developer or any of its officers, managers, agents employees, contractors subcontractors or agent or employee thereof (so long as such contractor, subcontractor or agent or employee is hired by the Developer) The Developer shall, at its own cost and expense, appear, defend and pay all charges of attorneys, costs and other expenses arising therefrom or incurred in connection therewith. If any judgment shall be rendered against the City, its agents, officers, officials or employees in any such action, the Developer shall, at its own expense, satisfy and discharge the same. This paragraph shall not apply, and the Developer shall have no obligation whatsoever, with respect to any acts of negligence or reckless or willful misconduct on the part of the City or any of its officers, agents, employees or contractors Section XVL Waiver. 05392\005417\475743 5 19 Any party to this Redevelopment Agreement may elect to waive any remedy it may enjoy hereunder, provided that no such waiver shall be deemed to exist unless the party waiving such right or remedy does so in writing No such waiver shall obligate such party to waive any right or remedy hereunder, or shall be deemed to constitute a waiver of other rights and remedies provided said party pursuant to this Redevelopment Agreement. Section XV7L Sever-ability If any section, subsection, term or provision of this Redevelopment Agreement or the application thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of said section, subsection, term or provision of this Redevelopment Agreement or the application of same to parties or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby. Section XV777. Notices . All notices, demands, requests, consents, approvals or other instruments required or permitted by this Redevelopment Agreement shall be given in writing at the addresses set forth below, and shall be executed by the party or an officer, agent or attorney of the party, and shall be given by any of the following means: (i) personal service, (ii) telecopy or facsimile, (iii) deposit with a commercial overnight courier, such as FedLx, for delivery on the next business day, freight prepaid or (iv) deposit with the United States Postal Service as certified mail, return receipt requested. Any notice demand, request, consent or approval sent pursuant to (A) either clause (i) or (ii) shall be deemed received when sent, if sent by 5 :00 p.m, on a business day, otherwise on the next business day or (B) clause (iii) shall be deemed given on the next business day following deposit with the courier or (C) clause (iv) on the third (3'd) day from and including 05392\00547\475743 5 70 the date of posting. Any of the following addresses may be changed by notice given to the other parties in the same manner provided above . To the Developer: Tri-Land Properties, Inc_ One Westbrook Center, Suite 520 Westchester, Illinois 60154-5764 Attention : Hugh D Robinson Facsimile: 708 , 531 8217 T-L, Countryside LLC One Westbrook Center, Suite 520 Westchester, Illinois 60154-5764 Attention: Hugh D Robinson Facsimile: 708 531 ,8217 1117th a copy to: Jeffrey D. Warren Burke, Warren, MacKay & Serritella, 11 C. 330 North Wabash, 22nd Floor Chicago, Illinois 60611 -3607 Facsimile : 312 840 7900 To the City: United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Attention: City Administrator Facsimile: 630 553 ,7575 With a copy to Kathleen Field Orr Kathleen Field Orr & Associates 180 North Michigan Avenue, Suite 1040 Chicago, Illinois 60601 Facsimile: 312,382.2127 Section XIX. Successors in Interest , This Redevelopment Agreement shall be binding upon and inure to the benefit of the parties to this Redevelopment Agreement and their respective successors and assigns. Section XX. No Joint Venture, Agency or Partnership Created. 05392\00547\4175743 5 21 Neither anything in this Redevelopment Agreement nor any acts of the parties to this Redevelopment Agreement shall be construed by the parties or any third person to create the relationship of a partnership, agency, or ,joint venture between or among such parties Section XVI. Warranties and Covenants of the Developer . A. The Developer hereby represents and warrants that as of the (late hereof, T-L is a drily organized and validly existing limited liability company organized under the laws of the state of Delaware and is duly authorized to transact business in the state of Illinois, and Tri-Land is a duly organized and validly existing corporation organized under the laws of, and in good standing under the laws of the state of Illinois_ B. The Developer covenants and agrees to comply with all applicable zoning ordinances and regulations, building code, fire code and all other City ordinances, resolutions and regulations with respect to the redevelopment and operation of the Center. C With respect to the redevelopment and operation of the Center, the Developer hereby covenants and agrees to comply with all applicable laws, rules and regulations of the State of Illinois, the United States and all agencies of each of them having jurisdiction over it. Section XXIL Additional Covenanis of City. A The City covenants and agrees to comply with all provisions and requirements of the Act and the Code with respect to all matters relating to this Redevelopment Agreement . B. The City will waive any requirement for the payment of water, sewer, and other utility "tap-on" or connection fees and charges to the City with respect to the Center, and will cooperate with the Developer's efforts to obtain similar waivers from other governmental agencies and bodies that may impose such fees or charges. 05392\00547\475743 5 22 C The City will waive all impact fees, building permit fees and other fees with respect to the redevelopment of the Center, provided, however, this waiver shall not relieve the Developer from any obligation to reimburse the City for the reasonable fees of any consultants paid by the City in connection with the review of approval of plans submitted to the City for its approval by the Developer_ D The City acknowledges and agrees that the Center curd°ently has adequate storm water management measures in place. The City further agrees that unless the redevelopment of the Center materially increases the amount of stor°n3 water run-off generated by the Center, no further storm water management measures shall be required, and in the event there is a material increase in the amount of storm water run-off generated as a result of the redevelopment of the Center and additional storm water management measures are required, such additional measures shall be implemented in accordance with the use of Best Management Practices in the most cost effective manner possible under the circumstances, L. The City will actively support and cooperate with the Developer's request to the Illinois Department of Transportation for direct access driveways to and fiom the Center from Route 47 to the extent such request is supported by a traffic analysis prepared by Smith Engineering Consultants, Inc. or another recognized traffic engineering consultant acceptable to the City Engineer, P. The City shall, within ten ( 10) days following request in writing from the Developer, execute, acknowledge and deliver to Developer a statement in writing addressed to the Developer, or any prospective mortgagee purchaser, certifying: that this Redevelopment Agreement is unmodified and in hill force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications); that the Developer 05392\00547\475743 5 23 is not, to the City's knowledge, in default under this Redevelopment Agreement (or, there is a known default, specifying same) and any other matters reasonably requested by the Developer Section XXIIL No Disci°iminatt'on — Cottsb•ttction . The Developer for itself and its successors and assigns agrees that in the construction of the improvements at the Center provided for in this Redevelopment Agreement the Developer shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin The Developer shall take affirmative action to require that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising and solicitations or advertisements for employees; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Developer agree to post in conspicuous places, available to employees and applicants for employment, notices, which may be provided by the City, setting forth the provisions of this nondiscrimination clause. Section XXIV. Remedies — Liability, A. If, in the City's ,judgment, the Developer is in material default of this Redevelopment Agreement, the City shall provide the Developer with a written statement indicating in adequate detail any failure on the Developer' s part to fulfill its obligations under this Redevelopment Agreement. Except as required to protect against further damages, the City may not exercise any remedies against the Developer in cormection with such failure until thirty (30) days after giving such notice. Iff by its nature such default cannot reasonably be cured within such thirty (30) day period, such thirty (30) clay period shall be extended for such time as 05392\00547\475743 5 24 is reasonably necessary for the curing of the same, so long as the Developer diligently proceeds with such cure; if such default is cured within such extended period, the default shall not be deemed to constitute a breach of this Redevelopment Agreement A default not cured as provided above shall constitute a breach of this Redevelopment Agreement_ Any failure or delay by the City in asserting any of its rights or remedies as to any default or alleged default or, breach shall not operate as a waiver of any such default or breach of any rights or remedies it may have as a result of such default or breach B . If the Developer materially fails to fulfill its obligations under this Redevelopment Agreement after notice is given by the City and any cure periods described in paragraph A above have expired, or if the Developer is in material default under the purchase agreement for the acquisition of the Center, the City may elect to terminate this Redevelopment Agreement or exercise any right or remedy it may have at law or in equity, including the right to specifically enforce the terms and conditions of this Redevelopment Agreement. If any voluntary or involuntary petition or similar pleading under any section or sections of any bankruptcy or insolvency act shall be filed by or against the Developer, or any voluntary or involuntary proceeding in any court or tribunal shall be instituted to declare the Developer insolvent or unable to pay the Developer' s debts (and, in the case of an involuntary proceeding such proceeding is not vacated or dismissed within 60 days of being filed), or the Developer makes an assignment for the benefit of its creditors, or a trustee or receiver is appointed for the Developer or for the major part of the Developer' s property, the City may elect, to the extent such election is permitted by law and is not unenforceable under applicable federal bankruptcy laws, but is not required, with or without notice of such election and with or without entry or other action by the City, to forthwith terminate this Redevelopment Agreement- 05392\00547\475743 5 25 C If, in the Developer' s judgment, the City is in material default of this Redevelopment Agreement, the Developer shall provide the City with a written statement indicating in adequate detail any failure on the City's part to fulfill its obligations under this Redevelopment Agreement. The Developer may not exercise any remedies against the City in connection with such failure until thirty (30) clays after giving such notice . If by its nature such default cannot reasonably be cured within such thirty (30) day period, such thirty (30) day period shall be extended for such time as is reasonably necessary for the curing of the same, so long as the City diligently proceeds with such cure; if such default is cured within such extended period, the default shall not be deemed to constitute a breach of this Redevelopment Agreement. A default not cured as provided above shall constitute a breach of this Redevelopment Agreement . Any failure or delay by the Developer in asserting any of their rights or remedies as to any default or any alleged default or breach shall not operate as a waiver of any such default or breach of shall not operate as a waiver of any such default or breach of any rights or remedies it may have as a result of such default or breach . D In addition to any other rights or remedies, a party may institute legal action against the other party to cure, correct or remedy any default, or to obtain any other remedy consistent with the purpose of this Redevelopment Agreement, either at law or in equity, including, but not limited to the equitable remedy of an action for specific performance; provided, however, no recourse under or upon any obligation contained herein or for any claim based thereon shall be had against the City, its officers, agents, attorneys, representatives or employees in any amount or in excess of any specific sum agreed to be paid by the City hereunder, and no liability, right or claim at law or inequity shall be attached to or incurred by the City, its officers, agents, attorneys, representatives or employees in any amount in excess of 05392\00547\475743 5 26 any specific sums agreed by the City to be paid hereunder and any such claim is hereby expressly waived and released as a condition of and as consideration for the execution of this Redevelopment Agreement by the City, E. The rights and remedies of the parties are cumulative and the exercise by a party of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or- different times, of any other rights or remedies for the same default or for any other default by the other party. Section XXV Anren(lnrent. This Redevelopment Agreement, and any exhibits attached to this Redevelopment Agreement, may be amended only in a writing signed by all the parties with the adoption of any ordinance or resolution of the City approving said amendment, as provided by law, and by execution of said amendment by the parties or their successors in interest Except as otherwise expressly provided herein, this Redevelopment Agreement supersedes all prior Redevelopment Agreements, negotiations and discussions relative to the subject matter hereof, Section XXV7. Counterparts . This Redevelopment Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument [Signature page Jollouls] 05392koo547\475743 5 27 IN WITNESS WHEREOF, the parties hereto have caused this Redevelopment Agreement to be executed by their duty authorized officers on the above date at Yorkville. Illinois. United City of Yorkville, an Illinois municipal corporation By: —11 luj Mayor Altesi : T-L Countryside LLC, a Delaware limited liability compcmy, Tri-Land Properties, jrfc , its M ger, i iBy: Rieh `h . ube, President ,art 05392\00547\475743 5 28 STATE OF ILLINOIS ) ) SS . COUNTY OF COOK ) 17 J A C4 U E L�% /Q R . Ih u ,s I L.- a Notary Public in and for said County, in the State aforesaid, do hereby certify that Richard F. Dube, the President of Tri-Land Properties, Fire , an Illinois corporation and the Manager of T-L, COUNTRYSIDE LLC, a Delaware limited liability company, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument as such President appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act and as the free and voluntary act of said Manager, for the uses and purposes therein set forth GIVEN under my hand and notarial seal, this )-S" k day of August, 2008 OFFICIAL SEAL JACQUELYN R MUSIL ` NOTARY PUBLIC - STATE OF ILLINOIS - MY COMMISSION EXPIRES:09l24110 No ,a 'y PO, lic (SEAL,) STATE- OF ILLINOIS ) ) SS COUNTY OF ICE^ND ALL ) I, mleahak? ; eb a Notary Public in and for said County, in the State aforesai , do hereby certify that Lqlr yr rvoC the Mayor of The United City of Yorkville, an Illinois municipal corporation, and Gi</a PC�e_4t> the City Clerk of The United City of Yorkville, who are personally kn6jwn t me to be the same persons whose names are subscribed to the foregoing instrument as such Mayor and City Clerk, appeared before me this day in person and acknowledged that they signed, attested and delivered the said instrument as their own free and voluntary act for the uses and purposes therein set forth , GIVEN under my hand and notarial seal, this d "day of f( 2008 OFFICIAL SEAL MEGHAN GEHR Notary R lic NOTARY PUBLIC � STATE ;IF ILLINOIS PAY COMMISSION EXPIRES 11116111 (SEAL) Lshibil A LEGAL (DESCRIPTION LOT 7 (EXCEPT THAT PART DESCRIBED AS FOLLOWS : COMMENCING AT II-lE MOST EASTERLY SOUTHEAST CORNER. OF SAID LOT 7; THENCE, NORTH 80 DEGREES 58 MINUTES 11 SECONDS WEST ALONG A SOUTHERLY LINE OF SAID LOT 7) 309 0 FELT TO A SOUTHEAST CORNER OF SAID LOT 7 FOR A POINT OF BEGINNING; THENCE SOUTH 80 DEGREES 58 MINUTES 1 I SECONDS EAST ALONG SAID SOUTHERLY LINE 309 .0 FEET TO A SOUTHEAST CORNTER OF SAID LOT 7; THENCE NORTH 04 DEGREES, 45 MINUTES EAST ALONG AN EASTERLY LINE OF SAID LOT 7, 90. 0 FEET; THENCE NORTH 80 DEGREES 58 MINUTES 1 I SECONDS WEST 140.35 FEET; TFIE.NCE SOUTH 70 DEGREES 02 MINUTES 02 SECONDS WEST 185 15 FEET TO THE POINT OF BEGINNING; AND ALSO EXCEPTING THAT PART DESCRIBED AS FOLLOWS : BEGINNING AT THE INTERSECTION OF THE SOUTHERNMOST LINE OF LOT 6 OF SAID RE.SUBDIVISION WITH THE WESTERLY LINE OF ILLINOIS ROUTE NO 47; THENCE SOUTH 69 DEGREES 58 MINUTES 14 SECONDS WEST ALONG SAID SOUTHERNMOST LINE 230 45 FEET TO THE SOUTHERNMOST CORNER OF SAID LOT 6; THENCE SOUTH 19 DEGREES 57 MINUTES 46 SECONDS EAST 192 30 FEET; THENCE. NORTH 70 DEGREES 02 MINUTES 14 SECONDS EAST 141 82 FEET TO SAID WESTERLY I INE; THENCE NORTH 04 DEGREES 45 MINUTES 00 SECONDS EAST ALONG SAID WESTERLY LINE 2I 1 .98 FEET TO THE POINT OF BEGINNING) OF THE RESUBDIVISION OF PART OF BLOCK 1 , COUNTRYSIDE CENTER, UNIT NO. I , YORKVIL.LE, ILLINOIS, AND ALSO THAT PART OF CENTER PARKWAY LYING NORTHERLY OF THE NORTH RIGHT OF WAY LINE OF U. S ROUTE 34 AND SOUTHERLY OF THE NORTH RIGHT OF WAY LINE OF COUNTRYSIDE PARKWAY, AND ALSO TFIAT PART OF COUNTRYSIDE PARKWAY LYING EASTERLY OF THE WEST RIGHT OF WAY LINE OF CENTER PARKWAY AND WESTERLY OF THE WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE 47, AND ALSO THAT PART OF ILLINOIS ROUTE 47 LYING SOUTHERLY OF A LINE. THAT IS 70.0 FEET SOUTHERLY OF AND CONCENTRIC WITH THE SOUTH RIGHT OF WAY LINE: OF COUNTRYSIDE PARKWAY EXTENDED EASTERLY, AND NORTHERLY OF A LINE THAT IS 60.0 SOUTHERLY OF AND PARALLEL. WITH TLIE MOST EASTERLY SOUTHERLY LINE OF SAID L.OT 7 EXTENDED EASTERLY, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, 1L.LTNOIS F_xhihil B J� S YORKV ILLE BUSINESS DISTRICT �2 SEC GROUP, INSE E[plroerinp COinIN m1NdspMpt..,yu(COUNTRYSIDE CENTER BUSINESS DISTRICT) °° ° Cdp Mr [G, ff C'Ln,gnw0 L= rs49' PARKWAY R-=400' \ 56,04' Sl� 0 06 a I \ 56T5 41 L=41. 53' in - \ R=25. 0' � u` I r y i 26 ,x. 0 p4 L=59.49:. ' 010,216 R=aBb' � . d 5UE3JEGT 07 0.02 0 Pi?.OPERTY w t=32 2 ' fy R=32:0' " 3 \ ,214.64 W moo° I . N1406 O9 19D s5' J wo S89 ey 16'1I " N8DS8 rY "w/ — .� a ° 216. 95' 85 15 ,.W I N 510 02 02 I ro 3"" _ i 2 VB0LT500"W ccl" I ---.,. _ � 211.pI • v I-------_- v _ i I � I U 4 BUSINESS DISTRICT AREA YORKVILLE BUSINESS DISTRICT #2 (COUNTRYSIDE CENTER BUSINESS DISTRICT) RMAMS p;ill AYM pT: =M�� + p ESGNED pT NCN 1 Exhibit C DEVELOPER'S NOTE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS SPECIAL TAX INCREMENT REVENUE NOTE. Date Anmrtnt WHEREAS, pursuant to its powers and in accordance with the requirements of the Tax Increment Allocation Redevelopment Act, 65 ILLS .5/11 -74.4 et seq (the "Act"), the Corporate Authorities of the United City of Yorkville, designated a Redevelopment Project Area and approved a Redevelopment Plan for the redevelopment of the Redevelopment Project Area; and, WHEREAS, pursuant to its powers and in accordance with the requirements of the Act, the Corporate Authorities of the United City of Yorkville approved tax increment allocation financing for the purpose of implementing the Redevelopment Plan for the Redevelopment Project Area; and, WHEREAS, pursuant to the Illinois Municipal Code, 65 ILLS 5/1 - 1 -1 , et ,seq. (the "Code") and more specifically, See , 8- 11 -20, the Corporate Authorities of the United City of Yorkville have agreed to share its retailer' s occupation taxes, service occupation taxes, use taxes and service use taxes received by the City from the Redevelopment Project Area pursuant to the Illinois Retailers' Occupation Tax Act (35 ILCS 120/ 1 et seq ,), Service Occupation Tax Act (35 ILLS 115/1 et seq, ), Use Tax Act (35 ILCS 105/ 1 et seq ), and Service Use Tax Act (35 ILCS 110/1 et :seq_ ) (collectively "Sales Taxes") and also business district retailers' occupation taxes and business district service occupation taxes received by the City from the Business District within the Redevelopment Project Area pursuant to the Business District Development and Redevelopment Act (65 ILCS 5/ 11 -743 et seq.) ("Business District Taxes"); and WHEREAS, on the City and T-L Countryside LLC ( "T- L ") entered into a certain Redevelopment Agreement (the "Redevelopment Agreement"); and, WHEREAS, pursuant to the Redevelopment Agreement, the City has agreed to reimburse the T-L for Redevelopment Project Costs (as defined by the Act) incurred by the Developer in connection with or as a result of the redevelopment of the Redevelopment Project Area. NOW, THEREFORE, the City, by and through the Corporate Authorities, covenants and agrees as follows: 05392\00547\475743 3 I Incorporation of recitals and definitions of terms . The foregoing recitals are incorporated into this Developer' s Note as if they were fiilIy set forth in this Section I All capitalized terms, unless otherwise specifically defined herein, shall have the meanings given them in the Redevelopment Agreement 2. Promise to pall Subject to the limitations contained in the Redevelopment Agreement, the City promises to pay to the order of the Developer, in accordance with the terms of this Developer's Note, the principal sum of $ , together with interest on the balance of such principal sum outstanding from time to time at the rate of interest rate provided for in Section VI of the Redevelopment Agreement 3 Pledge of and lien orr, hacreinental Taxes . THIS NOTE SHALL. BE PAYABLE FROM AND SECURED BY A PLEDGE OF, AND LIEN ON , INCREMENTAL REAL ESTATE TAXES, SALES TAXES AND BUSINESS DISTRICT TAXES RECEIVED BY THE CITY FROM THE PROJECT (COLLECTIVEL,Y "INCREMENTAL TAXES") BUT ONLY TO THE EXTENT SUCH INCREMENTAL TAXES ARE NOT REQUIRED TO PAY DEBT SERVICE ON CERTAIN BONDS ALL AS SET FORTFI IN THE REDEVELOPMENT AGREEMENT. SUCFI PAYMENT, PLEDGE AND LIEN SHALL BE SUBJECT TO ALL, PRIOR PLEDGES Oh INCREMENTAL TAXES, PURSUANT TO, AND ALL TERMS AND CONDITIONS AS SET FORTH 1N, TLIE REDEVELOPMENT AGREEMENT 4, Payments. The indebtedness evidenced by this Developer's Note shall be payable in annual installments, due on February I st of each year or such later date that is within thirty (30) days of receipt by the City of all Incremental Sales Taxes (as defined in the Redevelopment Agreement for the prior calendar year, during the term of the Redevelopment Agreement, from the following sources and no other sources: (i) 100% of the Excess Real Estate Tax Increment (as defined in the Redevelopment Agreement); plus (ii) 50% of the Excess Sales Tax Increment (as defined in the Redevelopment Agreement) generated during each calendar year or partial calendar year until December 31 , 2029 (the "A4crtin°ily Date") (iii) 100% of the Business District Taxes (as defined in the Redevelopment Agreement) generated during each calendar year or partial calendar year until the Maturity Date 5 . Place of payment Payments made under this Developer' s Note by the City shall be made by check payable to the order of the Developer and mailed to the Developer at such address as the Developer may designate in writing from time to time. 6. Limited obligation of the City, THIS DEVELOPER'S NOTE IS NOT SECURED BY THE FULL FAITH AND CREDIT OF THE CITY AND IS NOT PAYABLE OUT OF TLIE 05392\00547\475743 5 CITY ' S GENERAL, REVENUE FUND . THIS DEVELOPER ' S NOTE CONSTITUTES A LIMITED OBLIGATION OF THE CITY, AND ALL, PAYMENTS DUE UNDER THIS DE.VEL,OPER' S NOTE SHALL, BE PAYABLE SOLELY FROM INCREMENTAL, TAXES AND BUSINESS DISTRICT TAXES THAT ARE- AVAILABLE FOR SUCH PURPOSE UNDER THE PROVISIONS OF ] HE REDEVELOPMENT AGREEMENT FAILURE OF THE CITY TO REIMBURSE THE DEVELOPER FOR REDEVELOPMENT PROJECT COSTS DUE TO INSUFFICIENT FUNDS GENERATED FROM THE. RE- DEVEL,OPME•NT PROJECT AREA AND THE BUSINESS DISTRICT SHALL, NOT BE DEEMED A DEFAULT OF 1-1-1IS DEVELOPER' S NOTE ON THE PART OF THE CITY. 7 Dgfault. If Incremental Taxes and Business District Taxes are available to make any payment required by this Developer' s Note, and if the City thereafter fails to make such payment, the City shall be deemed to be in default under this Developer's Note After any default, The Developer may bring an action in any court of competent jurisdiction to enforce payment of this Developer' s Note, provided that the Developer shall have first given the City notice of its intent to bring such action and thirty (30) days to cure any such default. Failure of the Developer to exercise its right to bring an action to remedy a default hereunder shall not constitute a waiver of its right to bring an action to remedy any subsequent default. 8 miscellaneous, (a) If any provision of this Developer's Note is found by a court of competent jurisdiction to be in violation of any applicable law, and if such court should declare such provision to be unlawful, void or unenforceable as written, then it is the intent of the City and the Developer that such provision shall be given full force and effect to the fullest possible extent that is legal, valid and enforceable, that the remainder of this Developer' s Note shall be construed as if such unlawful, void or unenforceable provision was not contained herein, and that the rights, obligations and interests of the City and the Developer shall continue in full force and effect . (b) Any notice, request, demand, instruction or other document to be given or served hereunder shall be addressed, delivered and deemed effective as provided in the Redevelopment Agreement. (c) The provisions of this Developer' s Note shall not be deemed to amend the provisions of the Redevelopment Agreement in any respect. To the extent of any conflict or inconsistency between the provisions of the Redevelopment Agreement and the provisions of this Developer's Note, the Redevelopment Agreement shall in all instances supersede and control [Signature page follows] 3 05392\00547\475743 5 This Developer' s Note is executed as of the date first written above.. United City of Yorkville, an Illinois ❑ unicipal corporation By: Mayor A!!e s/ City Clerk 4 05392\00547475743 5 Exhibit D REQUEST FOR REIMBURSEMENT City of Yorkville Yorkville, Illinois 61490-9999 Ile: Redevelopment Agreement by and among the City of Yorkville, Kendall County, Illinois, an Illinois municipal corporation ; T-L Countryside LLC, a Delaware limited liability company Dear Sir: and Tri-Land Properties, Inc., an Illinois corporation (the "Developer") You are requested to approve the disbursement of funds from the Sub-Account(s) established by the City of Yorkville pursuant to the Agreement described above in the amount(s), to the persons) and for the purpose(s) set forth in this Request for Reimbursement I Request for Reimbursement No 2 Payment Due to: 3 Amount to be Disbursed: 4 The amount requested to be disbursed pursuant to this Request for Reimbursement will be used to pay Redevelopment Project Costs as defined in the Agreement and as listed on the Schedule to this Request for Reimbursement 5 The undersigned certifies that: (i) the amounts included in 3 above were made or incurred or financed and were necessary for the project and were made or incurred in accordance with the construction contracts, plans and specifications heretofore in effect; (ii) the amounts paid or to be paid, as set forth in this Request for Reimbursement, represents a part of the funds due and payable for Redevelopment Project Costs; (iii) the expenditures for which amounts are requisitioned represent proper Redevelopment Project Costs identified in the Agreement, have not been included in any previous Request for Reimbursement, have been properly recorded on the Developer's books and are set forth on the attached Schedule, with paid invoices attached for all sums for which reimbursement is requested; (iv) the moneys requisitioned are not greater than those necessary to meet obligations due and payable or to reimburse the Developer for his funds actually advanced for Redevelopment Project Costs; (v) the amount of Redevelopment Project Costs to be reimbursed in accordance with this Request for Reimbursement, together with all amounts reimbursed to the Developer Pursuant to the Agreement, is not in excess of $ 11 ,870,736; (vi) the Developer is not in default under the Agreement and nothing has occurred to the knowledge of the Developer that, with the passage of time or the giving of notice or both, would cause Developer to be in default of its obligations under the Agreement 6. Attached to this Request for Reimbursement is Schedule It together with copies of invoices or bills of sale and Mechanic's Lien Waivers covering all items for which reimbursement is being requested . T-L. Countryside L L.C, a Delaware corporation Date. By: Fri-Land Properties, file , an Illinois corporation Date By: APPROVED: City of Yorkville, an Illinois municipal corporation 05392\00547\475743 5 ORDINANCE No. 2005-a.k ORDINANCE APPROVING THE REDEVELOPMENT AGREEMENT FOR THE COUNTRYSIDE CENTER, YORKVILLE, ILLINOIS BE IT ORDAINED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Redevelopment Agreement for the Countryside Center, Yorkville, Illinois, by and among the United City of Yorkville, a municipal corporation, T-L Countryside, LLC, a Delaware limited liability company and Tri-Land Properties, Inc., an Illinois corporation, is hereby approved and the Mayor and the City Clerk are hereby authorized to execute and deliver said Agreement and undertake any and all actions necessary to implement or cause the implementation of all provisions contained therein PASSED this day of 2005. APPROVED: <e-14,ZfZ f Mayor /// Attest: ,M yurkviIlemoust side,ord REDEVELOPMENT AGREEMENT FOR THE COUNTRYSIDE CENTER, YORKVILLE, ILLINOIS THIS AGREEMENT dated as of the '-":K_ day of March 2005, by and among the United City of Yorkville, Kendall County, Illinois, a municipal corporation (hereafter the "City"), T-L Countryside LLC, a Delaware limited liability company (hereafter "T-L") and Tri-Land Properties, Inc., an Illinois corporation (hereafter "Tri-Land; T-L and Tri-Land and their permitted successors in interest are, as the context requires, sometimes collectively referred to herein as the "Developer"). WITNESSETH: WHEREAS, by Ordinance No. 2005-IOA adopted by the Mayor and City Council of the City (the "Corporate Authorities") on February 8, 2005, a Tax Increment Financing Redevelopment Project and Plan for the US Route 34 and Illinois Route 47 (Countryside Shopping Center) (hereinafter the "Redevelopment Plan") was approved, which Redevelopment Plan covered an area of approximately 20 acres, legally described on Exhibit A attached hereto and made a part hereof, the boundary of which is depicted on Exhibit B also attached hereto and made a part hereof, currently improved as a commercial shopping center with approximately 158,000 square feet of retail space (the "Center"); and, WHEREAS, by Ordinances No. 2005- 10B and No. 2005-IOC adopted by the Corporate Authorities on February 15, 2005, the City respectively designated the Center as a "redevelopment project area" and adopted tax increment financing pursuant to the Tax Increment Allocation Redevelopment Act (65 ILCS 5/11-74.4-1 et seq.) (hereinafter referred to as the "Act"); and, WHEREAS, pursuant to the Act, the City desires to enter into a Redevelopment Agreement with a Developer who is the contract purchaser of the Center, which Redevelopment Agreement shall provide for the redevelopment of the Center, including, at a minimum, the following: (a) Acquisition of the Center; (b) Demolition of existing structures which are obsolete for current retail purposes; (c) Reconfiguration of the Center from an interior-oriented mall to an exterior-oriented community shopping center and attendant reconfigurations of adjoining roadways and means of access, including reconfiguration of parking fields; and, (d) Reconstruction of no less than a total of 80,000 square feet of retail space (collectively the "Project"). WHEREAS, in order to induce the Developer to proceed with the Development, the City is prepared to issue tax exempt bonds in the amount sufficient to provide net proceeds equal to Three Million Dollars ($3,000,000) after funding a reserve for capitalized interest as required by law and payment of all bond issuance costs, which net proceeds shall be available to assist with the redevelopment of the Center; and, WHEREAS, as further inducement to the Developer, the City is also prepared to reimburse the Developer for additional redevelopment costs in an amount not to exceed Two Million Two Hundred Thousand Dollars ($2,200,000) through the issuance of a note payable to the order of T-L in accordance with the terms and conditions as hereinafter set forth; and, WHEREAS, pursuant to the Illinois Municipal Code, 65 ILCS 5/1 -1-1 , et seq., (the "Code") as from time to time amended, and more specifically, Sec. 8-11 -20 (the "Aef'), the Corporate Authorities are empowered to enter into economic incentive agreements or redevelopment agreements relating to the development or redevelopment of land within the City's corporate limits by which the City agrees to share or rebate a portion of any retailer's occupation taxes received by the City pursuant to the Illinois Retailers' Occupation Tax Act (35 ILCS 120/1 et seq.) ("Sales Taxes") as a direct result of such development or redevelopment; and, 2 WHEREAS, before entering into such agreement to share or rebate Sales Taxes, the City must find that the property subject to the agreement, if vacant, has been vacant for at least a year; or, any building located thereon demolished within the last year did not meet applicable building codes, or was underutilized; or, the property, if developed, supports buildings which do not meet current codes or are underutilized; and, WHEREAS, in addition to the foregoing, the law also requires that the City to determine that as a direct result of the agreement, the City will benefit through the retention or creation of j ohs; the strengthening of the commercial environment within the City; the enhancement of its tax base; and, the Project will serve as a catalyst for the commercial development of adjacent areas; and, WHEREAS, it has been determined by the City and reported in the eligibility report included in the Redevelopment Plan, that the Center has been vacant and has been underutilized for years and the City shall benefit through the creation of jobs, development of adjacent areas and enhancement of its tax base; and, WHEREAS, despite the ideal location of the Center at a major commercial intersection at Route 47 and Route 34, vacancies remain significant and no progress has been made in connection with its redevelopment and, therefore, the City has determined that, but for its assistance pursuant to the Code, adoption of the Redevelopment Plan and this Redevelopment Agreement, the Center would continue to deteriorate and vacancies would increase; and, WHEREAS, T-L is a single purpose entity formed for the purpose of acquiring fee simple title to the Center, whose member will be an affiliate of Tri-Land, and Tri-Land will be the Manager of T-L and also the property manager appointed by T-L to manage, lease and redevelop the Center. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants 3 hereinafter set forth, the parties agree as follows: Section I. Incorporation. The representations and recitations set forth in the preambles hereto are material to this Redevelopment Agreement and are hereby incorporated into and made a part of this Redevelopment Agreement as though fully set forth in this Section I and said representations and recitations constitute the understandings of the City and the Developer. Section H. Acquisition and Demolition of the Center. A. T-L hereby covenants and agrees to acquire fee simple title to the Center within 30 days following the closing of the sale of the bonds, and to deliver proof of such acquisition to the City. B. Following the acquisition of the Center by T-L, the Developer shall exercise diligent efforts to terminate all existing tenancies and occupancy agreements encumbering the Center, and upon vacation of the Center by all tenants and occupants, to commence and thereafter diligently prosecute to completion the demolition of all buildings in the Center and the demolition of such other improvements as Developer deems appropriate, including the abatement of asbestos and other hazardous materials, and prepare the site for redevelopment and reconstruction (the "Demolition Work'). C. Commencing with the execution of this Redevelopment Agreement and until redevelopment of the Center is completed and the Center is fully occupied with retail tenants or other tenants suitable for occupancy in a retail shopping center, the Developer shall conduct a marketing program for the Center in accordance with prudent and acceptable shopping center management standards. 4 Section IIL Bond Issuance. A. On or before March 31 , 2005, the City covenants and agrees to issue alternate revenue bonds in a gross amount sufficient to provide net proceeds equal to Three Million Dollars ($3,000,000) after funding a reserve for capitalized interest as required by law and payment of all bond issuance costs, for the purpose of financing certain redevelopment project costs as permitted by the Act (the "Bonds"). The City shall pledge all Incremental Taxes (as hereinafter defined) derived from the Project, the City's Sales Tax revenue, and the City's full faith and credit as security therefor and shall distribute the proceeds from the Bonds after payment of all costs of issuance and reserve for debt service only as hereinafter provided. B. All of the bond proceeds after payment of costs of issuance shall be held in an escrow by the City, and amounts to be used for debt service payments for the first three years shall be separated and held in a separate account, as specified in the ordinance approving the issuance of the Bonds. C. The City agrees to disburse to the Developer the sum of$500,000 from the proceeds of the Bonds as reimbursement of the cost of the Demolition Work within 30 days after the following events have occurred: (i) issuance of a demolition permit by the City for the Demolition Work; (ii) completion of the Demolition Work; and, (iii) delivery to the City of evidence of the costs of the Demolition Work, including supporting invoices, accompanied by a certificate of completion executed by Tri-Land stating that the Demolition Work has been satisfactorily completed. Section IV.. Developer's Obligations as a Condition to Further Reimbursement — Developer's Note. 5 A. In order to receive the balance of Bond proceeds available for further reimbursement for the costs of the Project, on or before the third anniversary of the date of the Bonds, the Developer shall have delivered to the City the following: (i) a budget itemizing all costs to complete the Project, including but not limited to, acquisition, site preparation, demolition, Project design, engineering, infrastructure, construction of new structures, landscaping and signage (the "Project Budget"); (ii) either (a) a signed lease or proof of a closed sale to a retailer for the purpose of constructing and operating an "anchor" retail store containing at least 60,000 square feet of leasable floor area l�us a firm commitment from the Developer to the City to construct at least 25,000 square feet of new retail space in conjunction with the construction of the anchor store for use by tenants not currently occupying the Center or (b) a signed lease or proof of a closed sale to a retailer for the purpose of constructing and operating an "anchor" retail store containing at least 80,000 square feet of leasable floor area; (iii) evidence of the City's approval of the site plan for the Center that is incorporated into the terms of the lease or sale transaction entered into with the anchor retail store referred to in Section W.A. (ii) above; and, (iv) evidence of issuance by the City of any required permit for preparation of the site in accordance with such approved site plan (all of the foregoing hereinafter collectively termed the "Initial Requirements"). B. In the event the Initial Requirements are satisfied on or before the third anniversary date from the date of the Bonds, the City shall distribute Two Million Five Hundred Thousand Dollars ($2,500,000) of the proceeds from the sale of the Bonds to the Developer as partial reimbursement for the cost of acquisition of the Center or for other expenses of the Project to be incurred by the Developer which are eligible project costs under the Act and which permit the Bonds to retain their tax exempt status under the U.S. Internal Revenue Code. Distribution by the City to the Developer pursuant to this paragraph B shall be made within thirty (30) days of receipt by the 6 City of proof of satisfaction of the Initial Requirements. C. In the event the Initial Requirements are satisfied on or before the third anniversary date from the date of the Bonds, the City shall pay additional reimbursement to the Developer for a portion of the cost of the acquisition of the Center in the amount of Two Million Two Hundred Thousand Dollars ($2,200,000), subject to reduction in accordance with Section IV.D. below, such obligation to be evidenced by the City's promissory note in such principal amount substantially in the form attached hereto as Exhibit C (the "Developer 's Note"), bearing interest equal to the rate of interest being paid from time to time by Developer to the holder of the first mortgage lien on the Center or portion thereof owned by T-L or its successor in interest, which Developer' s Note shall be deemed an obligation issued by the City pursuant to the Act. The Developer's Note shall not constitute a general obligation of the City, nor shall the Developer's Note be secured by the full faith and credit of the City. Principal and interest on the Developer's Note shall be payable solely from (i) Incremental Taxes (as hereinafter defined) to the extent such Incremental Taxes are not needed to pay the annual debt service on the Bonds and which, under the terms of the ordinance authorizing issuance of the Bonds, are therefore available to the City for purposes other than payment of such annual debt service on the Bonds (the "Excess Real Estate Tax Increment'); and, (ii) a portion of the excess of Incremental Sales Taxes (as hereinafter defined) to the extent such Incremental Sales Taxes are not needed to pay annual debt service on the Bonds and which, under the terms of the ordinance authorizing issuance of the Bonds, are therefore made available to the City for purposes other than payment of annual debt service on the Bonds (the "Excess Sales Tax Increment'). D. In the event the Initial Requirements are satisfied after the second anniversary and on or before the third anniversary date of the date of the Bonds, the Developer's Note shall be reduced 7 in the amount of $ 15,000 for each calendar month or portion of a calendar month that elapsed after the second anniversary date of the Bonds up to the date the Initial Requirements are satisfied. In the event the Initial Requirements are not satisfied on or before the third anniversary date of the Bonds, this Redevelopment Agreement shall terminate and all of its provisions shall be null and void. E. The indebtedness evidenced by the Developer's Note shall be payable in annual installments, due on February 1st of each year or such later date that is within thirty (30) days of receipt by the City of all Incremental Sales Taxes for the prior calendar year, during the term of this Redevelopment Agreement, from the following sources and no other sources: (i) 100% of the Excess Real Estate Tax Increment; >l l� (ii) 80% of the Excess Sales Tax Increment generated through December 31 , 2013 and received by the City, and 50% of the Excess Sales Tax Increment generated during each calendar year or partial calendar year after December 31 , 2013 until the earlier of: (i) payment in full of the Developer' s Note; or (ii) the expiration or earlier termination of this Redevelopment Agreement, provided that if any amount of Excess Sales Tax Increment that would be applicable to payment of the Developer's Note is generated prior to the expiration or earlier termination of this Redevelopment Agreement but is received by the City thereafter, the City's obligation to apply such amount to repayment of the Developer's Note shall survive the expiration or earlier termination of this Redevelopment Agreement, unless terminated pursuant to Section XX of this Redevelopment Agreement. The Developer's right to receive payments pursuant to the Developer's Note is subject to the condition that the Developer pay all real estate taxes lawfully assessed against the portion of the Center owned by the Developer that are then due and payable or past due. The City shall be entitled to withhold, without additional interest, installments otherwise due pursuant to the Developer's Note until such time as all such real estate taxes then due and payable, including past due amounts, have been paid, whereupon the City shall promptly pay all withheld installments to the Developer. 8 Section Y. Findings of the City Pursuant to the Code. The City has determined that the redevelopment ofthe Center shall further the redevelopment and development within its major commercial areas; that without the assistance hereinafter set forth, a redevelopment of the Center would not be undertaken; that the Developer meets high standards of creditworthiness and financial strength; that the Project shall enhance the tax base of the City; and that all of the conditions required by the Code as hereinabove stated exist at the Center. Section VI. Term. Unless earlier terminated pursuant to Section IV.D or .Section XX, the term of this Redevelopment Agreement shall commence on the date of execution and end December 31 , 2028 (the "Termination Date"). Section VII. Provisions and Definitions -- Tax Increment and Sales Tax Increment. A. As used in this Redevelopment Agreement, "Incremental Taxes" shall mean the amount of ad valorem taxes, if any, paid in respect of the Center and its improvements which is attributable to the increase in the equalized assessed value of the Center and its improvements, over the initial equalized assessed value of the Center. As used in this Redevelopment Agreement, "Incremental Sales Taxes " shall mean the amount of Sales Tax revenue received by the City and derived from the Center. As used herein, the terms "Sales Tax" and "Sales Taxes " mean, collectively, the Illinois Use Tax, the Illinois Service Use Tax, the Illinois Service Occupation Tax, the Illinois Retailers' Occupation Tax and similar taxes hereafter imposed in connection with the sale of services or the sale or rental of goods. B. Promptly upon execution of this Redevelopment Agreement, the City shall establish 9 the "T-L Sub Account" into which the City shall make the deposits as hereinafter described. During the term of this Redevelopment Agreement, the City shall deposit all Incremental Taxes into the "Special Tax Allocation Fund" (as such fund is established under and defined in the Act), and, to the extent there is Excess Real Estate Tax Increment remaining in the Special Tax Allocation Fund from time to time, the City shall promptly transfer such Excess Real Estate Tax Increment into the T-L Sub-Account. The City shall also deposit all Excess Sales Tax Increment into the T-L Sub Account as hereinafter provided. The City hereby pledges to the Developer all funds in the T-L Sub Account and grants to Developer a first priority security interest in all funds deposited therein to secure payment of amounts due or to become due under the Developer Note. C. In order to calculate the Incremental Sales Taxes, the Developer (and any transferee of all or a portion of the Center) and the City shall cooperate to provide the City access to the sales tax data of those retail business that are located in the Center. The City and the Developer (and any transferee of all or a portion of the Center) shall jointly exercise reasonable efforts to establish a system with the Illinois Department of Revenue to arrange for the receipt of such information. Additionally, the Developer (and any transferee of all or a portion of the Center) shall provide or cause to be provided to the City appropriate completed Illinois Department of Revenue sales tax returns, or powers of attorney to obtain the data reported thereon, for each such retail business. The Developer (and any transferee of all or a portion of the Center) shall exercise commercially reasonable efforts to include such provisions in each of its leases for property within the Center as may be necessary in to enable the Developer (and any transferee of all or a portion of the Center) to comply with the terms of this paragraph. Prior to the end of each calendar quarter during the term of this Redevelopment Agreement, the Developer (and any transferee of all or a portion of the Center) 10 shall prepare and deliver to the City a written report of the amount of Incremental Sales Taxes that should have been received by the City. To the extent such Incremental Sales Taxes received by the City are not required to pay debt service on the Bonds for the debt service payments due the following twelve months, such Incremental Sales Taxes are hereby deemed Excess Sales Tax Increment. Each calendar year during the term of this Redevelopment Agreement, on or before the date the annual installment is due and payable on the Developer's Note as provided in Section N.E., the City shall deposit all Excess Incremental Sales Taxes to be used to pay the Developer's Note into the T-L Sub Account as hereinabove provided. D. In the event that the Developer (or any transferee of all or a portion of the Center) shall fail to deliver or cause to be delivered the aforementioned Sales Tax documentation and then the Developer (and any transferee of all or a portion of the Center) agrees to provide alternate documentation to the City as soon as reasonably possible in the form of an audit of sales of an individual retailer or in such other form reasonably acceptable to the City. The obligation ofthe City to make payments of either principal or interest on the Developer's Note from Excess Incremental Sales Taxes shall be subject to the City's receipt of information necessary to make a reasonable calculation of the amount of Incremental Sales Taxes as stated above. Section VIII. No Liability of City to Others for Developer's Expenses. The City shall have no obligation to pay costs of the Project or to make any payments to any person other than the Developer, nor shall the City be obligated to pay any contractor, subcontractor, mechanic, or materialman providing services or materials to the Developer for the redevelopment of the Center. Section IX. Time; Force Majeure. 11 Time is of the essence of this Redevelopment Agreement, provided, however, a party shall not be deemed in material breach of this Redevelopment Agreement with respect to any obligations of this Redevelopment Agreement on such party's part to be performed if such party fails to timely perform the same and such failure is due in whole or in part to any strike, lock-out, labor trouble (whether legal or illegal), civil disorder, weather conditions, wet soil conditions, failure or interruptions of power, restrictive governmental laws and regulations, condemnations, riots, insurrections, acts of terrorism, war, fuel shortages, accidents, casualties, floods, earthquakes, fires, acts of God, epidemics, quarantine restrictions, freight embargoes, acts caused directly or indirectly by the other party (or the other party's agents, employees or invitees) or similar causes beyond the reasonable control of such party ("Force Majeure"). If one of the foregoing events shall occur or either party shall claim that such an event shall have occurred, the party to whom such claim is made shall investigate same and consult with the party making such claim regarding the same and the party to whom such claim is made shall grant any extension for the performance of the unsatisfied obligation equal to the period of the delay, which period shall commence to run from the time of the commencement of the Force Majeure; provided that the failure of performance was reasonably caused by such Force Majeure. Section X. Conveyance or Assignment of the Center. T-L may not sell, transfer, assign or otherwise convey all or any portion of its interest in the Center (any of the foregoing being herein defined as a "Transfer') during the term of this Redevelopment Agreement without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed or conditioned. Notwithstanding the provisions of the 12 immediately preceding sentence, the City agrees that it will not withhold its consent to any proposed Transfer (i) of all or any portion of the Center to a retail store operator that will operate a retail store in the Center containing at least 60,000 square feet of floor area or to any transferee that is an Affiliate (as hereinafter defined) of such retail store operator, (ii) to any Affiliate of Tri-Land, (iii) to a transferee who either (a) directly or indirectly through an Affiliate, has substantial and demonstrable experience in the operation or management of retail shopping centers similar in size to, or greater in size than, the Center or (b) as a condition precedent to the closing of the Transfer, will enter into a management agreement (a copy of which shall be delivered to the City) with Tri-Land or another entity having substantial and demonstrable experience in the operation or management of retail shopping centers similar in size to, or greater in size than, the Center, and will continuously keep the Center under the management of such management company or one or more successors with the foregoing qualifications. In all instances, it shall be a condition of the City's obligation to consent to a proposed Transfer that the proposed transferee execute a document in form and substance reasonably satisfactory to the City that evidences such transferee's agreement to be bound by the terms and provisions of this Redevelopment Agreement during such transferee's period of ownership of the Center or any portion thereof, including, without limitation, the obligation to provide to the City, or arrange for the provision to the City of, sales tax data of those retail businesses located in the portion of the Center owned by such transferee as described in Section VII. The Developer's Note may be assigned by the Developer in connection with any Transfer made in accordance with the provisions of this Section X. As used in this Redevelopment Agreement, an "Affiliate " means, with respect to any person or entity, any person or entity directly or indirectly, through one (1) or more intermediaries, controlling, controlled by or under common control with 13 such person or entity. Anything set forth herein to the contrary notwithstanding, T-L or any permitted successor my freely grant mortgages on the Center at any time and from time to time without the consent of the City. Section XI. Developer's Indemnification. The Developer shall indemnify and hold harmless the City, its agents, officers and employees (individually an "Indemnitee " and collectively the "Indemnitees ') from and against any and all obligations, losses, damages, penalties, actions, claims, suits, liabilities, judgments, costs and expenses (including reasonable attorney's fees and disbursements of counsel for such Indemnitees) which may arise directly or indirectly from (i) the failure of the Developer to comply with any of the terms, covenants or conditions set forth in this Redevelopment Agreement, (ii) the Developer's failure to pay general contractors, subcontractors or materialmen in connection with improvements to the Center funded with the proceeds of the Bonds or the Developer's Note or (iii) the existence of any material misrepresentation or omission on the part of the Developer in this Redevelopment Agreement or any other document related to this Redevelopment Agreement that is the result of information supplied or omitted to be supplied by the Developer, or (iv) bodily injury, death or property damage caused by the alleged or actual negligence, recklessness or willful misconduct of the Developer or any of its officers, managers, agents employees, contractors subcontractors or agent or employee thereof (so long as such contractor, subcontractor or agent or employee is hired by the Developer). The Developer shall, at its own cost and expense, appear, defend and pay all charges of attorneys, costs and other expenses arising therefrom or incurred in connection therewith. If any judgment shall be rendered against the City, its agents, officers, officials or employees in any such action, the Developer shall, at its own expense, satisfy and discharge the same. This paragraph shall 14 not apply, and the Developer shall have no obligation whatsoever, with respect to any acts of negligence or reckless or willful misconduct on the part of the City or any of its officers, agents, employees or contractors. Section MI. Waiver. Any party to this Redevelopment Agreement may elect to waive any remedy it may enjoy hereunder, provided that no such waiver shall be deemed to exist unless the parry waiving such right or remedy does so in writing. No such waiver shall obligate such party to waive any right or remedy hereunder, or shall be deemed to constitute a waiver of other rights and remedies provided said party pursuant to this Redevelopment Agreement. Section XUL Severability. If any section, subsection, term or provision of this Redevelopment Agreement or the application thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of said section, subsection, term or provision of this Redevelopment Agreement or the application of same to parties or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby. Section XIY. Notices. All notices, demands, requests, consents, approvals or other instruments required or permitted by this Redevelopment Agreement shall be given in writing at the addresses set forth below, and shall be executed by the party or an officer, agent or attorney of the parry, and shall be given by any of the following means: (i) personal service, (ii) telecopy or facsimile, (iii) deposit with a commercial overnight courier, such as FedEx, for delivery on the next business day, freight prepaid or (iv) deposit with the United States Postal Service as certified mail, return receipt requested. Any 15 notice demand, request, consent or approval sent pursuant to (A) either clause (i) or (ii) shall be deemed received when sent, if sent by 5 :00 p.m. on a business day, otherwise on the next business day or (B) clause (iii) shall be deemed given on the next business day following deposit with the courier or (C) clause (iv) on the third (3`d) day from and including the date of posting. Any of the following addresses may be changed by notice given to the other parties in the same manner provided above. To the Developer: Tri-Land Properties, Inc. One Westbrook Center, Suite 520 Westchester, Illinois 60154-5764 Attention: Hugh D. Robinson Facsimile: 708 5318217 T-L Countryside LLC One Westbrook Center, Suite 520 Westchester, Illinois 60154-5764 Attention: Hugh D. Robinson Facsimile: 708 5318217 With a copy to: Jeffrey D. Warren Burke, Warren, MacKay & Serritella, P.C. 330 North Wabash, 22nd Floor Chicago, Illinois 60611 -3607 Facsimile: 312 840 7900 To the City: United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Attention: City Administrator Facsimile: 630.553 .7575 With a copy to: Kathleen Field Orr Kathleen Field Orr & Associates One South Wacker Drive, Suite 1990 Chicago, Illinois 60606 Facsimile: 312 382 2124 16 Section Xl! Successors in Interest. This Redevelopment Agreement shall be binding upon and inure to the benefit of the parties to this Redevelopment Agreement and their respective successors and assigns. Section XVI. No Joint Venture, Agency or Partnership Created. Neither anything in this Redevelopment Agreement nor any acts of the parties to this Redevelopment Agreement shall be construed by the parties or any third person to create the relationship of a partnership, agency, or joint venture between or among such parties. Section XVII. Warranties and Covenants of the Developer. A. The Developer hereby represents and warrants that as of the date hereof, T-L is a duly organized and validly existing limited liability company organized under the laws of the state of Delaware and is duly authorized to transact business in the state of Illinois, and Tri-Land is a duly organized and validly existing corporation organized under the laws of, and in good standing under, the laws of the state of Illinois. B. The Developer covenants and agrees to comply with all applicable zoning ordinances and regulations, building code, fire code and all other City ordinances, resolutions and regulations with respect to the redevelopment and operation of the Center. C. With respect to the redevelopment and operation of the Center, the Developer hereby covenants and agrees to comply with all applicable laws, rules and regulations of the State of Illinois, the United States and all agencies of each of them having jurisdiction over it. Section XVIIL Additional Covenants of City. A. The City covenants and agrees to comply with all provisions and requirements of the Act and the Code with respect to all matters relating to this Redevelopment Agreement. 17 B. The City will waive any requirement for the payment of water, sewer, and other utility "tap-on" or connection fees and charges to the City with respect to the Center, and will cooperate with the Developer's efforts to obtain similar waivers from other governmental agencies and bodies that may impose such fees or charges. C. The City will waive all impact fees, building permit fees and other fees with respect to the redevelopment of the Center, provided, however, this waiver shall not relieve the Developer from any obligation to reimburse the City for the reasonable fees of any consultants paid by the City in connection with the review of approval of plans submitted to the City for its approval by the Developer. D. The City acknowledges and agrees that the Center currently has adequate storm water management measures in place. The City further agrees that unless the redevelopment of the Center materially increases the amount of storm water run-off generated by the Center, no further storm water management measures shall be required, and in the event there is a material increase in the amount of storm water run-off generated as a result of the redevelopment of the Center and additional storm water management measures are required, such additional measures shall be implemented in accordance with the use of Best Management Practices in the most cost effective manner possible under the circumstances. E. The City will actively support and cooperate with the Developer's request to the Illinois Department of Transportation for direct access driveways to and from the Center from Route 47 to the extent such request is supported by a traffic analysis prepared by a recognized traffic engineering consultant. F. The City shall, within ten (10) days following request in writing from the Developer, 18 execute, acknowledge and deliver to Developer a statement in writing addressed to the Developer, or any prospective mortgagee purchaser, certifying: that this Redevelopment Agreement is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications); that the Developer is not, to the City's knowledge, in default under this Redevelopment Agreement (or, there is a known default, specifying same) and any other matters reasonably requested by the Developer. Section XIX No Discrimination — Construction. The Developer for itself and its successors and assigns agrees that in the construction of the improvements at the Center provided for in this Redevelopment Agreement the Developer shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Developer shall take affirmative action to require that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising and solicitations or advertisements for employees; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Developer agree to post in conspicuous places, available to employees and applicants for employment, notices, which may be provided by the City, setting forth the provisions of this nondiscrimination clause. Section XX. Remedies — Liability. A. If, in the City's judgment, the Developer is in material default of this Redevelopment Agreement, the City shall provide the Developer with a written statement indicating in adequate detail any failure on the Developer's part to fulfill its obligations under this Redevelopment 19 Agreement. Except as required to protect against further damages, the City may not exercise any remedies against the Developer in connection with such failure until thirty (30) days after giving such notice. If by its nature such default cannot reasonably be cured within such thirty (30) day period, such thirty (3 0) day period shall be extended for such time as is reasonably necessary for the curing of the same, so long as the Developer diligently proceeds with such cure; if such default is cured within such extended period, the default shall not be deemed to constitute a breach of this Redevelopment Agreement. A default not cured as provided above shall constitute a breach of this Redevelopment Agreement. Any failure or delay by the City in asserting any of its rights or remedies as to any default or alleged default or breach shall not operate as a waiver of any such default or breach of any rights or remedies it may have as a result of such default or breach. B. If the Developer materially fails to fulfill its obligations under this Redevelopment Agreement after notice is given by the City and any cure periods described in paragraph A above have expired, or if the Developer is in material default under the purchase agreement for the acquisition of the Center, the City may elect to terminate this Redevelopment Agreement or exercise any right or remedy it may have at law or in equity, including the right to specifically enforce the terms and conditions of this Redevelopment Agreement. If any voluntary or involuntary petition or similar pleading under any section or sections of any bankruptcy or insolvency act shall be filed by or against the Developer, or any voluntary or involuntary proceeding in any court or tribunal shall be instituted to declare the Developer insolvent or unable to pay the Developer's debts (and, in the case of an involuntary proceeding such proceeding is not vacated or dismissed within 60 days of being filed), or the Developer makes an assignment for the benefit of its creditors, or a trustee or receiver is appointed for the Developer or for the major part of the Developer's property, the City may elect, to 20 the extent such election is permitted by law and is not unenforceable under applicable federal bankruptcy laws, but is nor required, with or without notice of such election and with or without entry or other action by the City, to forthwith terminate this Redevelopment Agreement. C. If, in the Developer's judgment, the City is in material default ofthis Redevelopment Agreement, the Developer shall provide the City with a written statement indicating in adequate detail any failure on the City's part to fulfill its obligations under this Redevelopment Agreement. The Developer may not exercise any remedies against the City in connection with such failure until thirty (30) days after giving such notice. If by its nature such default cannot reasonably be cured within such thirty (30) day period, such thirty (30) day period shall be extended for such time as is reasonably necessary for the curing of the same, so long as the City diligently proceeds with such cure; if such default is cured within such extended period, the default shall not be deemed to constitute a breach of this Redevelopment Agreement. A default not cured as provided above shall constitute a breach of this Redevelopment Agreement. Any failure or delay by the Developer in asserting any of their rights or remedies as to any default or any alleged default or breach shall not operate as a waiver of any such default or breach of shall not operate as a waiver of any such default or breach of any rights or remedies it may have as a result of such default or breach. D. In addition to any other rights or remedies, a party may institute legal action against the other party to cure, correct or remedy any default, or to obtain any other remedy consistent with the purpose of this Redevelopment Agreement, either at law or in equity, including, but not limited to the equitable remedy of an action for specific performance; provided, however, no recourse under or upon any obligation contained herein or for any claim based thereon shall be had against the City, its officers, agents, attorneys, representatives or employees in any amount or in excess of any specific 21 sum agreed to be paid by the City hereunder, and no liability, right or claim at law or in equity shall be attached to or incurred by the City, its officers, agents, attorneys, representatives or employees in any amount in excess of any specific sums agreed by the City to be paid hereunder and any such claim is hereby expressly waived and released as a condition of and as consideration for the execution of this Redevelopment Agreement by the City. Notwithstanding the foregoing, in the event either party shall institute legal action against the other parry because of a breach of any Redevelopment Agreement or obligation contained in this Redevelopment Agreement, the prevailing party shall be entitled to recover all costs and expenses, including reasonable attorneys' fees, incurred in connection with such action. E. The rights and remedies of the parties are cumulative and the exercise by a party of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or different times, of any other rights or remedies for the same default or for any other default by the other party. Section )W. Amendment. This Redevelopment Agreement, and any exhibits attached to this Redevelopment Agreement, may be amended only in a writing signed by all the parties with the adoption of any ordinance or resolution of the City approving said amendment, as provided by law, and by execution of said amendment by the parties or their successors in interest. Except as otherwise expressly provided herein, this Redevelopment Agreement supersedes all prior Redevelopment Agreements, negotiations and discussions relative to the subject matter hereof. Section IWI. Counterparts. This Redevelopment Agreement may be executed in two or more counterparts, each of which 22 shall be deemed an original but all of which together shall constitute one and the same instrument. [Signature page follows] 23 IN WITNESS WHEREOF,the parties hereto have caused this Redevelopment Agreement to be executed by their duly authorized officers on the above date at Yorkville,Illinois. United City of Yorkville, an Illinois municipal corporation By: Mayor Attest: M erk Tri-Land Properties,hic.,an Illin corporation j By: chazd F.Dube,President T-L Countryside LLC,a Delaware limited liability company, By: Tri-Land Properti , Inc., its Manager, By: / chard F. Dube,President 24 STATE OF ILLINOIS ) SS. COUNTY OF COOK ) 1, nia (' ti 9lr . a Notary Public in and for said County, in the State aforesaid, do hereby certify that Richard F. Dube, the President of Tri-Land Properties, Inc., an Illinois corporation and the Manager of T-L COUNTRYSIDE LLC, a Delaware limited liability company, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument as such President appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act and as the free and voluntary act of said Manager, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal,this—0)day of March, 2005. 0 016dL K Seal 6 rd nna L Knox �r v-///��� [Notary Public Stele of Illinois Notary Public ormr"alon€)*ae 06/22/06 (SEAL) STATE OF ILLINOIS ) SS. COUNTY OF COOK // ) I, ' t4 a 1. . ll ld 2 a Notary Public in and for said County, in the State aforesaid, do hereby certify that Richard F. Dube, the President of Tri-Land Properties, Inc., an Illinois corporation who is personally known to me to be the same person whose name is subscribed to the foregoing instrument as such President appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and notarial seal,this hV I day of March,2005. n MNotary Public Illinois 06/22/06 STATE OF ILLINOIS ) ) SS. COUNTY OF KeL OJj ) 1, F 2ODAi X (Oklilka a Notary Pyblic in and for said County, in the State aforesaid,do hereby certify that PAt Lf ! i f e ' or of The United City of Yorkville, an Illinois municipal corporation, and _ ,. LC V U 1 se K6,, ; (; the City Clerk of The United City of Yorkville,who are personally wn t e to be the same persons whose names are subscribed to the foregoing instrument as such Mayor and City Clerk,appeared before me this day in person and acknowledged that they signed, attested and delivered the said instrument as their own free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and notarial seal,thhisi/�/W(day of March, 2005. V y Notary Pub (SEAL) (SEAL) A.L"Rnnn '*Y Puhlic.5FS(e o!Illinois ,. ,',Cmnmissiun Gxpires ID i0-2pp(.fF Exhibit A Legal Description Exhibit A LEGAL DESCRIPTION The boundaries of the Project Area have been carefully drawn to include only real property and improvements substantially benefited by the proposed Redevelopment Project to be undertaken as part of this Redevelopment Plan. The boundaries of the Project Area are generally coterminous with the property assigned the 2003 tax parcel number 02-28-104-015 plus adjacent right-of-way along IL Route 47. The Project Area boundaries are shown in Figure 1 , Project Area Boundwy, and legally described below. LOT 7 (EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY SOUTHEAST CORNER OF SAID LOT 7; THENCE NORTH 80 DEGREES 58 MINUTES 11 SECONDS WEST POINT OFOBEGNNING: THENCE SOUTH 80 DEGREES 58 SOUTHEAST UTES 11 SECONDS EAST ALONG SAID SOUTHERLY LINE 209.0 FEET TO A SOUTHEAST CORNER OF SAID LOT 7; THENCE NORTH 04 DEGREES 45 MINUTES 00 SECONDS EAST ALONG AN EASTERLY LINE OF SAID LOT 7, 90.0 FEET; THENCE NORTH 80 DEGREES 58 MINUTES 11 SECONDS WEST, 140.35 FEET; THENCE SOUTH 70 DEGREES 02 MINUTES 02 SECONDS WE 185.15 FEET TO THE POINT OF BE(3I NING; AND ALSO EXCEPTING THAT PART AS FOLLOWS: BEGINNING AT THE INTE CTIO OF THE SOUTHERNMOST LINE OF LOT 6 OF THE RESUBDIVISION OF PART OF BWCK 1 , COUNTRYSIDE CENTER, UNIT NO. 1 WITH THE WESTERLY LINE OF ILLINOIS ROUTE NO. 47; THENCE SOUTH 69 DEGREES 58 MINUTES 14 SECONDS WEST ALONG SAID SOUTHERNMOST LINE 230.45 FEET TO THE SOUTHERNMOST CORNER OF SAID LOT 6; THENCE SOUTH 19 DEGREES 57 MINUTES 46 SECONDS' EAST 192.30 FEET; THENCE NORTH 70 DEGREES 02 MINUTES 14 SECONDS EAST 141 .82 FEET TO SAID WESTERLY LINE; THENCE NORTH 04 DEGREES 45 MINUTES 00 SECONDS EAST ALONG SAID WESTERLY LINE 211 .98 FEET TO THE POINT OF BEGINNING) OF THE RESUBDMSION OF PART OF BLOCK 1 , COUNTRYSIDE CENTER, UNIT NO. 1 , AND ALSO THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERNMOST CORNER OF LOT 6 IN SAID RESUBIDVISION; THENCE SOUTH 04 DEGREES 45 MINUTES 00 SECONDS WEST ALONG THE EAST LINE DEGREES 15 MINUTES 0 SECONDS EASTO 36 E FEET To THE GEAST LINE OF SAID ILLINOIS ROUTE 47; THENCE SOUTH 02 DEGREES 08 MINUTES 48 SECONDS WEST ALONG SAID EAST LINE, 397.70 FEET; THENCE SOUTH 04 DEGREES 45 MINUTES 00 SECONDS WEST ALONG SAID EAST LINE, 191 .78 FEET; THENCE NORTH 85 DEGREES 15 MINUTES 00 DEGREES WEST, 150.00 FEET TO THE WEST LINE OF SAID ILLINOIS ROUTE 47; THENCE NORTH 04 DEGREES 45 MINUTES SECONDS OF ST ALONG SAID WEST LINE3 L COUNTY,9.05 FEE TO THE POINT OF BEGINNING. IN THE UNITED Exhibit B Project Area Boundary Exhibit B j Countryside Parkway I i i i i I i Block: 104 Parcel: 015 v 112, 3,4,516; 7*, 8*, 9* a 3 O i d U) � i i O 3 CO CL n N � efta c a) U i I m a r. Project Area Boundary 3, 4, 5* Blight Factors: 1. Obsolescence U 2. Deterioration 3. Presence if structures ROV t@ 34 below minimum code 4. Excessive vacancies 5. Declining or lagging equalized assessed values. Lac community planning s. Environmental remediation 9. Excessive land coveragelovercrowding * Indicates Factor present to a limited extent um 4 . l tribution of Blight Factors 0 US Route 34 & Illinois Route 47 Yorkville, Tax Increment Financing Redevelopment Project Area URS • TPAP Exhibit C DEVELOPER'S NOTE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS SPECIAL TAX INCREMENT REVENUE NOTE Date Amount WHEREAS, pursuant to its powers and in accordance with the requirements of the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11 -74.4 et seq. (the "Act"), the Corporate Authorities of the United City of Yorkville, designated a Redevelopment Project Area and approved a Redevelopment Plan for the redevelopment of the Redevelopment Project Area; and, WHEREAS, pursuant to its powers and in accordance with the requirements of the Act, the Corporate Authorities of the United City of Yorkville approved tax increment allocation financing for the purpose of implementing the Redevelopment Plan for the Redevelopment Project Area; and, WHEREAS, pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1 -1 , et seq. (the "Code") and more specifically, Sec. 8-11 -20, the Corporate Authorities of the United City of Yorkville have agreed to share its retailer' s occupation taxes received by the City from the Redevelopment Project Area pursuant to the Illinois Retailer's Occupation Tax Act (35 ILCS 120/1 et seq.) ("Sales Taxes") as hereinafter provided; and, WHEREAS, on the City, T-L Countryside LLC ("T-L ') and Tri-Land Properties, Inc. ("Tri-Land') entered into a certain Redevelopment Agreement (the "Redevelopment Agreement"); and, WHEREAS, pursuant to the Redevelopment Agreement, the City has agreed to reimburse the T-L for Redevelopment Project Costs (as defined by the Act) incurred by the Developer in connection with or as a result of the redevelopment of the Redevelopment Project Area. NOW, THEREFORE, the City, by and through the Corporate Authorities, covenants and agrees as follows: 1 . Incorporation of recitals and definitions of terms. The foregoing recitals are incorporated into this Developer's Note as if they were fully set forth in this Section 1 . All capitalized terms, unless otherwise specifically defined herein, shall have the meanings given them in the Redevelopment Agreement. 1 2. Promise to pay. Subject to the limitations contained in the Redevelopment Agreement, the City promises to pay to the order of the Developer, in accordance with the terms of this Developer's Note, the principal sum of$2,200,000, together with interest on the balance of such principal sum outstanding from time to time at the rate of interest rate provided for in Section IV of the Redevelopment Agreement. 3. Pledge of and lien on, Incremental Taxes. THIS NOTE SHALL BE PAYABLE FROM AND SECURED BY A PLEDGE OF, AND LIEN ON, INCREMENTAL REAL ESTATE TAXES AND SALES TAXES RECEIVED BY THE CITY FROM THE PROJECT (COLLECTIVELY "INCREMENTAL TAXES") BUT ONLY TO THE EXTENT SUCH INCREMENTAL TAXES ARE NOT REQUIRED TO PAY DEBT SERVICE ON CERTAIN BONDS ALL AS SET FORTH IN THE REDEVELOPMENT AGREEMENT. SUCH PAYMENT, PLEDGE AND LIEN SHALL BE SUBJECT TO ALL PR1OR PLEDGES OF INCREMENTAL TAXES, PURSUANT TO, AND ALL TERMS AND CONDITIONS AS SET FORTH IN. THE REDEVELOPMENT AGREEMENT. 4. Payments. The indebtedness evidenced by this Developer' s Note shall be payable in annual installments, due on February 1 it of each year or such later date that is within thirty (3 0) days of receipt by the City of all Incremental Sales Taxes (as defined in the Redevelopment Agreement for the prior calendar year, during the tern of the Redevelopment Agreement, from the following sources and no other sources: (i) 100% of the Excess Real Estate Tax Increment (as defined in the Redevelopment Agreement); plus (ii) 80% of the Excess Sales Tax Increment (as defined in the Redevelopment Agreement) generated through December 31 , 2013 and received by the City, and 50% of the Excess Sales Tax Increment generated during each calendar year or partial calendar year after December 31 , 2013 through and including December 31 , 2028 (the "Maturity Date"). The Developer's right to receive payments pursuant to this Developer's Note is subject to the condition that the Developer pay all real estate taxes lawfully assessed against the portion of the Center owned by the Developer that are then due and payable or past due. The City shall be entitled to withhold, without additional interest, installments otherwise due pursuant to this Developer's Note until such time as all such real estate taxes then due and payable, including past due amounts, have been paid, whereupon the City shall promptly pay all withheld installments hereunder to the Developer. 5 . Place ofpayment. Payments made under this Developer's Note by the City shall be made by check payable to the order of the Developer and mailed to the Developer at such address as the Developer may designate in writing from time to time. 2 6. Limited obligation ofthe City. THIS DEVELOPER'S NOTE IS NOT SECURED BY THE FULL FAITH AND CREDIT OF THE CITY AND IS NOT PAYABLE OUT OF THE CITY'S GENERAL REVENUE FUND. THIS DEVELOPER' S NOTE CONSTITUTES A LIMITED OBLIGATION OF THE CITY, AND ALL PAYMENTS DUE UNDER THIS DEVELOPER'S NOTE SHALL BE PAYABLE SOLELY FROM INCREMENTAL TAXES THAT ARE AVAILABLE FOR SUCH PURPOSE UNDER THE PROVISIONS OF THE REDEVELOPMENT AGREEMENT. FAILURE OF THE CITY TO REIMBURSE THE DEVELOPER FOR REDEVELOPMENT PROJECT COSTS DUE TO INSUFFICIENT FUNDS GENERATED FROM THE REDEVELOPMENT PROJECT AREA SHALL NOT BE DEEMED A DEFAULT OF THIS DEVELOPER' S NOTE ON THE PART OF THE CITY. 7. Default. If Incremental Taxes are available to make any payment required by this Developer' s Note, and if the City thereafter fails to make such payment, the City shall be deemed to be in default under this Developer's Note. After any default, The Developer may bring an action in any court of competent jurisdiction to enforce payment of this Developer's Note, provided that the Developer shall have first given the City notice of its intent to bring such action and thirty (30) days to cure any such default. Failure of the Developer to exercise its right to bring an action to remedy a default hereunder shall not constitute a waiver of its right to bring an action to remedy any subsequent default. 8. Miscellaneous. (a) If any provision of this Developer's Note is found by a court of competent jurisdiction to be in violation of any applicable law, and if such court should declare such provision to be unlawful, void or unenforceable as written, then it is the intent of the City and the Developer that such provision shall be given full force and effect to the fullest possible extent that is legal, valid and enforceable, that the remainder of this Developer's Note shall be construed as if such unlawful, void or unenforceable provision was not contained herein, and that the rights, obligations and interests of the City and the Developer shall continue in full force and effect. (b) Any notice, request, demand, instruction or other document to be given or served hereunder shall be addressed, delivered and deemed effective as provided in the Redevelopment Agreement. 3 (c) The provisions of this Developer's Note shall not be deemed to amend the provisions of the Redevelopment Agreement in any respect. To the extent of any conflict or inconsistency between the provisions of the Redevelopment Agreement and the provisions of this Developer's Note, the Redevelopment Agreement shall in all instances supersede and control. This Developer's Note is executed as of the date first written above. United City of Yorkville, an Illinois municipal corporation By. Mayor Attest: M rk 4 Reviewed By: Agenda Item Number 606 Legal ❑ PS #1 Finance ❑ EST. -� __ti 1838 Engineer ❑ -- City Administrator ■ Tracking Number Human Resources ❑ `=Q Community Development : PS 2012-24 Police ALE � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Ordinance Amending Liquor Code Regarding Number of Patio Licenses Meeting and Date: City Council—September 25, 2012 Synopsis: Request to amend the city liquor code to increase the number of Class G (patio) liquor licenses available. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Lisa Pickering Administration Name Department Agenda Item Notes: Please see attached information. D Cll o Memorandum s EST. - leas To: Public Safety Committee =�- From: Lisa Pickering, Deputy Clerk 0 00 CC: Mayor Gary J. Golinski ' dAC°°Ty yam? Rich Hart, Chief of Police <tE +�� Bart Olson, City Administrator Date: August 29, 2012 Subject: Request for Liquor Code Amendment to increase number of Class G liquor licenses We have received a liquor application which includes a request for a patio license for a new business which will be opening at 634 W. Veterans Parkway,Unit F. Per city code, there is a limit on the number of Class "G" liquor licenses that are available. Before any new Class "G" licenses can be issued, City Council will need to decide if the city liquor code should be amended to increase the number of liquor licenses available. If the decision is made to amend the code, it does not guarantee that a liquor license will be issued to this applicant. As with all liquor applicants, the Liquor Commissioner will review the application and make the final decision. The city code currently allows for a total of eight Class "G"–Beer Garden/Patio licenses. City Council approval of an increase in this classification will bring the total of beer garden/patio licenses up to nine. For your consideration attached are red-lined and clean versions of the section of the liquor code which would be affected by this request. 3-3-4-5: OUTDOOR LIQUOR LICENSE: B. Maximum Number Of Outdoor Liquor Licenses: There shall be no more than nineeight(98) outdoor liquor licenses at any one time, without prior approval of Yorkville city council. The issuance of said number of outdoor licenses shall be without taking into account the number of special event licenses issued by the city. (Ord. 2011-42, 8-9-2011) 3-3-4-5: OUTDOOR LIQUOR LICENSE: B. Maximum Number Of Outdoor Liquor Licenses: There shall be no more than nine (9) outdoor liquor licenses at any one time, without prior approval of Yorkville city council. The issuance of said number of outdoor licenses shall be without taking into account the number of special event licenses issued by the city. (Ord. 2011-42, 8-9-2011) Ordinance No. 2012- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, PROVIDING FOR LIQUOR CONTROL REGARDING BEER GARDEN/PATIO LICENSES WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, pursuant to section 514-1 of the Liquor Control Act of 1934, as amended, (235 ILCS 511-1 et seq.) the corporate authorities have the power to determine the number, kind and classification of liquor licenses and their fees; and the regulations for the sale of alcoholic beverages; and in addition pursuant to its powers to protect the public's health, welfare and safety this Ordinance is hereby adopted. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That Title 3, Chapter 3, Section 4-5 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph B "Maximum Number of Outdoor Liquor Licenses" in its entirety and replacing with the following: B. Maximum Number Of Outdoor Liquor Licenses: There shall be no more than nine (9) outdoor liquor licenses at any one time, without prior approval of Yorkville city council. The issuance of said number of outdoor licenses shall be without taking into account the number of special event licenses issued by the city. (Ord. 2011-42, 8-9-2011) 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 , A.D. 2012. CITY CLERK CHRIS FUNKHOUSER DIANE TEELING JACKIE MILSCHEWSKI LARRY KOT CARLO COLOSIMO MARTY MUNNS ROSE ANN SPEARS KEN KOCH Ordinance No.2012- Page 1 Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2012. MAYOR Ordinance No.2012- Page 2 `� 13 fry Reviewed By: �� �•s► Legal Agenda Item Number Finance ❑ PS #2 EST. -� _ 1838 Engineer ❑ City Administrator 0 Human Resources ❑ Tracking Number Community Development ❑ PS 2012-25 A ��' Police LE Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: KenCom lease agreement veto discussion Meeting and Date: City Council— September 25, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Sept 6, 2012 Action Taken: PS Committee recommends veto 3-0 Item Number: Type of Vote Required: Majority Council Action Requested: Direction on whether to veto Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator CC: Date: September 19, 2012 Subject: KenCom Lease Agreement, veto discussion LLE�% Summary Consideration of a veto of the lease agreement approved by the KenCom board between Kendall County and KenCom. Background This item was discussed by the Public Safety Committee at the September 6th meeting. At that meeting, the committee unanimously recommended a veto of the KenCom board action, which approved the lease agreement for KenCom's use of the basement at the Kendall County Public Safety Center. Packet materials from that meeting are attached. Under the current KenCom intergovernmental agreement, any action of the KenCom board can be vetoed by any two municipalities. If an action is vetoed, it can be overturned by 2/3 of the KenCom board. The Plano City Council had discussed the potential veto at their September 10th Council meeting. At that meeting, they decided against the veto, as they believed any veto would be overturned. LIAISON REPORT KENCOM EXECUTIVE BOARD MEETING August 23, 2012 On August 23rd I attended the KenCom Executive Board meeting. The Board reviewed and approved the Finance Committee's July 2012 report, the Treasurers' July 2012 report, the Operations, Surcharge bills for payment, and approval of anticipated expenditures. Director gave a project update report. The Board discussed the Public Safety Center Lower Level Lease Agreement between Kendall County and KenCom. Comments were similar from Plano, Yorkville and Newark. The comments included the length of the lease. It was recommended the terms of the lease be for a period of 30 years rather than ten years as proposed. After the loan is paid in ten years, there was additional discussion regarding the optional rental payment plan indicating The tenant shall pay the landlord rent for the said premises in the amount of $45,000 per year in year eleven, with an annual increase of 2.5% for years 12-20. Several Board members objected to this optional rental payment plan. Board members questioned how the County arrived to the $45,000 and 2- 1/2% increase per year after the ten years. Staff indicated the County spent $250,000 to relocate KenCom to the basement. This location was a tremendous cost savings to KenCom if they relocated to an outside location. After a lengthy discussion on the terms of the lease, Yorkville, Plano, Village of Newark and the Newark Fire Department voted "nay", seven board members voted "aye" and one Board member voted "present". Motion passed; however, it was determined two Cities could veto the vote at the next Board meeting and it would take a super-majority to pass. Plano is discussing this at their next City Council Meeting. I would like to request a consensus from our Council regarding the veto process. The Board agreed to make the 1st quarterly $25,000 lease payment due September 1 , 2012 since the Board previously approved the 10-year lease. Next item of business was Code Red. As previously announced, Code Red ends November 1st. The sheriff's department is reviewing various options to replace Code Red. Several options offered, included administrators and public works departments could have separate lines for emergencies, street closings, etc. This is not included in the budget and would be an additional cost sharing divided among KenCom members. Code Red currently cost $25,000 annually. The Board requested additional vendor information. Vendor demonstrations will be arranged. Optional dates to conduct the demonstrations will be submitted to the Board members for concurrence. All KenCom members, staff and first responders will be encouraged to attend. Hi Rose, I agree with the statements made by Plano. I meant to bring this up at the COW meeting for feedback and completely forgot about it. So, we never sent Dave any official comments. Gary From: rosea00(a_)aol.com To: ggolinski(a-)-comcast.net Sent: Wednesday, August 15, 2012 6:32:57 PM Subject: Fwd: Comments on Lease? Gary, Do you or our attorney have any comments. If so, were they forwarded to Dave Farris and the entire board? Rose -------------------------------------------------------------------------------------------------------------------------------------- Subject: Re: Comments on Lease? Dave, Our City Council discussed the lease at our meeting on August 13th. The Council feels that there should be no lease payments to the County after the loan is repaid. They also feel that there should be a longer term to the lease possibly 30-50 years. Thank You, Mayor Bob Hausler r r- - - Kendall County Public Safety Center Lease Agreement This Lease Agreement(Lease)is made and entered into as of '2012(the Effective Date), by and between the Landlords, the County of Kendall (hereinafter referred to as "Count)-") and The Kendall County Public Building Commission (hereinafter referred to as "PBC") and the Tenant, the Kendall County Emergency Phone Service and Communications Board (hereinafter referred to as "KenCom")and Kendall County Sheriff(hereinafter referred to as`KCS"). 1. PREMISES. ]A In consideration of the mutual promises,covenants, and conditions herein set forth, the County, KCS & PBC (hereinafter collectively referred to as "Landlord") hereby leases to KenCom (hereinafter referred to as"Tenant")and KenCom hereby leases from the Landlord the premises,being the lower level of the Public Safety Center, located at 1102 Cornell Lane,Yorkville, Kendall County, Illinois, consisting of approximately Four Thousand live I lundred(4,500)square feet(hereinafter referred to as"Premises"), for the purpose of KenCom providing multiple agency dispatching services and 911 call answering services for Kendall County. Said Premises are shown on Exhibit A hereto and excludes all common spaces as defined herein. 1.2 Landlord expressly reserves (a) the use of the exterior front, rear and side walls and roof of the Premises and the shared use of any space between the ceiling of the Premises and the floor above or the roof of the Building(s), and (b) the right to install, maintain, use, repair, and replace the pipes, ducts, conduits, and wires leading into or running through the Premises (in locations which will not materially interfere with Tenant's use of the Premises). 2. TERM. 2.1 Term. The Initial Term of this Lease shall be for the period of ten (10) years commencing on September 1,2012 and terminating on the last day of August,2022."Lease Term"or"Term"shall mean the Initial Term and any exercised Option Periods (as defined in Section 2.3 below). This Lease Agreement may be terminated at anytime if agreed in writing by Landlord and Tenant. 2.2 Option Periods. Provided (a)Tenant has not during the Term been in default in the payment of [tent and Tenant is then occupying the Premises, Tenant may extend the Term for two, successive, five year option periods by giving notice of exercise thereof(Option Notice) to Landlord at least 12 full months before the expiration of the term of the lease or, in the event of the second, five year option, 12 full months before the expiration of the first, five year option period. if Tenant delivers a valid Option Notice,the Term shall thereby be extended on all the terms and provisions contained in this Lease,except that the number of Option Periods remaining shall in each instance be reduced by one and the rental payments shall be adjusted as set forth in section 3.2. 2.3 Renovation of Premises by Landlord. Landlord has agreed to renovate the premises prior to the tenant taking possession. The work to be performed by the Landlord includes interior walls, doors, electrical, plumbing, heating and air conditioning, flooring, and a new entrance to the Premises. Landlord's Work for the renovation of the Premises shall be deemed approved by Tenant upon taking possession of the Premises on July 1", 2012. Any disagreement arising between Landlord and Tenant about the work to be performed by Landlord shall be resolved by the decisions of Landlord's architect. I 3. RENT 3.1 Rental Payment. Tenant shall pay to Landlord Rent for said Premises in the amount of $100,000.00 per year,with the year start date commencing on September 1,2012, for a total of ten(10) years from the date of the lease, Tenant shall make quarterly rental payments in the amount of $25,000.00, commencing on September 1,2012 and each full payment shall be made b) the first day of the quarter thereafter(December,March,June,&September). Sept Dec March June Year of Tease Total Year 1 (09/01/12-08/31/13) $25,000 $25,000 525,000 $25,000 $100,000 Year 2(09/01113-08/31/14) $25,000 $25,000 $25,000 $25,000 $100,00() Year 3 (09/01/14-08/31115) $25,000 $25.000 $25,000 $25,000 $100,000 Year 4(09/01/15-08/31/16) $25,000 $25,000 $25,000 $25,000 $100,000 Year 5(09/01/16-08/31/17) $25,000 $25,000 125,000 $25,000 $100,000 Year 6(09/01/17-08/31/18) $25,000 $25,000 $25,000 $25,000 $100,000 Year 7(09/01/18-08/31/19) $25,000 $25,000 $25,000 $25,000 $100,000 Year 8(09/01/19-08/31/20) $25,000 $25,000 $25,000 $25,000 $100,000 Year 9(09/0120-08/31/2 1) $25,000 $25,000 $25,000 - $25,000 $100,000 Year 10(09/0121-08/31/22) $25,000 $25,000 $25,000 $25,000 $100,000 3.2 Option Rental Payment. At the end of the first 10 years of this Agreement, the "Tenant, may exercise the option for two, successive rive year option periods as set forth in section 2.2. The Tenant shall pay to Landlord Rent for the said Premises in the amount of$45,000.00 per year in year 11,with an annual increase of 2.5% per year for years 12-20. Tenant shall make quarterly rental payments in the amount set forth below. Sept Dec March June Year of Lease Total Option Period#1 Year 11 (09/01122-08/31/23) $11,250 $11,250 $11,250 $11,250 $45,000 Year 12(09/01/23-08/31/24) $11,531 $11,531 $11,531 $11.531 $46,124 Year 13(09/01/24-08/31/25) $11,819 $11,819 $11,819 $I 1,819 $47,276 Year 14(09101/25-08/3 1/26) $12,1 15 $12,115 $12,115 $12,115 $48,460 Year 15(09/0126-08/31/27) $12,418 $12,418 $12,418 $12,418 549,672 Option Period 02 Year 16(09/0127-08/3128) $12,728 $12,728 $12,728 $12,728 $50,912 Year 17(09/01/28-08/31/29) $13,046 $13,046 $13,046 $13,046 $52,184 Year 18(09/0129-08/31/30) $13,372 $13,372 $13,372 $13,372 $53,488 Year 19(09!01/30-08/31/31) $13,707 513,707 $13,707 $13,707 $54,828 Year 20(09/01/31-08/31/32) $14,050 $14,050 $14,050 $14,050 $56,200 3.3 Security Deposit.No security deposit will be required as part of this lease. 3.4 Fair Market Value. The Landlord and Tenant agree that the fair market value for the rental of the premise is as set forth above in sections 3.1 and 3.2. 4. PROPERTY 4.1 The Landlord and Tenant each agree that any personal property, such as equipment, furniture, or other non-fixture items,purchased by either the Tenant or the Landlord during the term of this Lease shall remain the personal property of the parry who furnished the funds to purchase the property. All personal property of the Tenant shall be removed from the Premise at the termination of this agreement unless agreed to in writing by the parties. Tenant specifically waives any claim of damage against the Landlord for and property damaged as a result of an act of nature including but not limited to lightning strikes and floods. 5. COMMON AREA. 5.1 Common Area. "Common Area" is defined as all areas and facilities within the Public Safety Center not appropriated to the occupancy of Tenant(The area of occupancy of the Tenant is shown in Exhibit A), and facilities, utilities, or equipment outside the Public Safety Center which serve the Public Safety Center or any other County or PBC facility or property, including, but not limited to, all vehicle parking spaces or areas, roads, traffic lanes, driveways, sidewalks, pedestrian walkways, landscaped areas, signs, service delivery facilities, common storage areas, common utility facilities, and all other areas for nonexclusive use in the Public Safety Center that may from time to time exist. Common Areas shall include the roofs and exterior walls of buildings in the Public Safety Center, all utility systems, heating,ventilating,and cooling systems,and sewer laterals. 5.2 Common Area Expenses. The term "Common Area Expenses" shall include the maintenance, repair, replacement, operation, and management of the Common Arco and the Public Safety Center and shall include landscaping; repaving; resurfacing; restriping; security; alarm systems; signage; property management; repairs, maintenance, and replacements of bumpers, directional signs, and other markers; painting; lighting and other utilities (including, but not limited to electricity, gas, water, and telephone); cleaning; trash removal; Tenant's trash removal, any contracts for services or supplies to be provided in connection with the maintenance, management, operation, repair, and replacement of such Common Area. All costs associated with the Common Area are to be paid by the Landlord. 5.3 Control of the Common Area. Landlord shall have exclusive control of the Common Area and may exclude any person from use thereof except authorized employees and service suppliers of Tenant. Tenant acknowledges that Landlord may change the shape, size, location, number, and extent of the improvements to any poition of the Public Safety Center without Tenant's consent so long as it does not unreasonably impede Tenant's use of the Premises. Tenant and its agents, employees, assignees, contractors, and invitees shall observe faithfully and comply with any rules or regulations adopted by the Landlord for the Public Safety Center. If Tenant believes that a specific rule or regulation will unreasonably impede Tenant's use of Premises,Tenant shall provide prompt, written notice to Landlord and shall provide a detailed explanation as to how the rule or regulation shall impede Tenant's use of Premises. Upon receipt of such written notice, Landlord shall confer with Tenant before implementing the rule or regulation. Tenant agrees to keep the Common Area free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operation and to use the Common Area only for normal activities: parking, ingress,and egress by Tenant and its employees,agents,representatives,licensees,and invitees to and from the Premises and Public Safety Center. If unauthorized persons are using the Common Area by reason of the presence of Tenant in the Premises, Tenant, upon demand of Landlord, shall correct such situation by appropriate action and proceedings against all such unauthorized pet-sons. Nothing herein shall affect the rights of Landlord at any time to remove any such unauthorized persons from said areas or to prevent the use of said areas by such unauthorized persons. 6. REAL PROPERY TAXES. 6.1 All real propert3 taxes shall be the responsibility of the Landlord, to the extent applicable under the laws of the State of Illinois. 7. INSURANCE; INDEMNITY;SUBROGATION. 7.1 General. All insurance policies required to be carried by Tenant tinder this Lease shall (a) be written by companies rated A or better in the most recent edition of BEST'S INSURANCE REPORTS and authorized to do business in the State of Illinois and(b)name Landlord and any parties designated by Landlord as additional insured.Tenant shall deliver to Landlord certified copies of its insurance policies, or an original certificate evidencing that such coverage is in effect, September 1,2012 and thereafter at least 30 days before the expiration dates of expiring policies.Coverage shall not be canceled or materially reduced. 'tenant's coverage shall be primary insurance with respect to Landlord, and its officers, directors, and employees. Any insurance maintained by Landlord shall be in excess of, and not contributing with, Tenant's insurance (unless Landlord and Tenant enter into a written agreement executed by both parties allowing the same). Coverage shall apply separately to each insured against whom a claim is made or shit is brought, except with respect to any aggregate limit applicable to the insuring party's policy. 7.2 Tenant's Liability Insurance..Tenant shall keep in force during the term of this Lease a policy of public liability insurance insuring against any liability arising out of Tenant's use, occupancy, or maintenance of the Premises and the acts, omissions, and negligence of Tenant, its agents, employees, contractors, and invitees in and about the Premises and the Public Safety Center. As of the Term Commencement Date,such insurance shall provide coverage for and shall be in the amount of not less than $2,000,000.00 per occurrence for bodily injury, including death, and person injury, $1,000,000.00 per occurrence property damage insurance. Tenant's coverage shall be primary insurance as respects Landlord, its officers, agents, and employees. Any insurance or self-insurance maintained by Landlord shall be excess of the Tenant's insurance and shall not contribute with it. Coverage shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. 73 Tenant's Other Insurance.Tenant shall maintain special form property coverage,with sprinkler leakage, vandalism, and malicious mischief endorsements on all of'tenant's fixtures, including tenant improvements and betterments,equipment, and personal property on the Premises, in an amount not less than replacement value. Tenant shall maintain workers' compensation insurance in accordance with the laws of the State of Illinois in which the Premises are located and employer's liability insurance with a limit of not less than$1,000,000.00 each accident. 7A Waiver of Subrogation. Neither Landlord nor Tenant shall be liable to the other or to an), insurance company (by way of subrogation or otherwise) insuring the other party far any loss or damage to any building, structure, or other tangible property, or any resulting loss of income and benefits (even though such loss or damage might have been occasioned b) the negligence of such party, its agents, or employees) if such loss or damage is covered by insurance benefiting the party suffering such loss or damage or was required to be covered by insurance pursuant to this Lease. Landlord and Tenant shall require their respective insurance companies to include a standard waiver of subrogation provision in their respective policies, 7.5 Indemnification and Waiver by Tenant.To the fullest extent permitted by law and except to the extent that any damage to property or injury is caused by the gross negligence or willful misconduct of Landlord,'tenant agrees(and Tenant shall cause its contractors and subcontractors to agree) that neither Landlord, its officers, directors, and employees nor Landlord's employees, agents, representatives, and contractors,and each of their successors and assigns(each,"Landlord Party" and collectively"Landlord Parties") shall be liable for any injury to or death of persons or damage to property of Tenant (or its contractors and subcontractors)or any other person from the date of this Lease. Tenant shall defend with counsel of Landlord's choosing, indemnify,and hold Landlord and the Landlord Parties harmless against and from any and all claims, liabilities, losses, damages, suits,costs, and expenses of any kind or nature including without limitation reasonable attorneys' fees (collectively referred to herein as "Claims") arising from or relating to (a) Tenant's use of the Premises or the Common Areas, or (b) any acts, omissions,negligence,or default of Tenant or Tenant's agents,employees,officers,directors,contractors, and invitees (each, "Tenant Party"and collectively "Tenant Parties"), except to the extent that any such Claim is caused by the gross negligence or willful misconduct of Landlord. The terms of the indemnification by Tenant set forth in this Section 7.5 shall survive the expiration or earlier termination of this Lease, 7.6 Effective Date for Article 7. All terns and conditions as set forth in Article 7 shall only apply if: Tenant is not listed as an additional insured on Landlord's insurance policies and/or'fenant fails to timely reimburse Landlord for Tenant's share of its insurance premiums and deductibles. The parties agree that this Section shall not become effective simply because Tenant purchases a supplemental workers' compensation insurance policy through a separate insurance carrier, provided that Tenant maintains all other insurance coverage through the Landlord's insurance policy and promptly reimburses Landlord for Tenant's share of the insurance premiums and deductibles. 8. USE. 8.1 The Premises shall be used for 911 emergence telephone communications and public safety dispatching services as set forth in the Intergovernmental Agreement Creating Kendall County Emergency Phone Service and Communication Board (Ken Com) dated November 18, 2010 or as amended during the term of this Lease. It is acknowledged that Ken Com has the right to provide 911 dispatch and related services to other entities not part of the Intergovernmental agreements.The failure by Tenant to use the Premises pursuant to this Article 8.1 shall be considered a default under this Lease, and Landlord shall have the right to exercise any and all rights and remedies provided herein or by law. The Tenant may not transfer or assign the Lease to a third party without the written consent of the Landlord. 8.2 Tenant agrees to allow the Landlord use and access to the mechanical/computer room for the purpose of storing operational computer and electronic equipment including 2 exclusive plus I shared computer cabinets and 2 exclusive plus 1 shared computer server racks, including needed wiring and equipment necessary to operate said equipment used by Landlord or KCS. For purposes of this paragraph, "exclusive"refers to the computer cabinets and computer server racks to be used primarily by Landlord. "Shared" refers to computer cabinets and computer server racks to be used by both Landlord and Tenant. The allotted area designated for the Landlord/KCS shall not exceed the floor space of the mechanical/computer room shown in Exhibit A. Each party shall be responsible for its own equipment and maintenance thereof. The location of the mechanical/computer room is identified on Exhibit A. In addition, additional work space necessary for the maintenance and monitoring of the computer and electronic equipment located with the mechanical/computer room shall be allowed as mutually agreed by Tenant and Landlord . Both parties' use of the mechanical/computer room shall not materially adversely affect either party's use or operations in this area. 8.3 Landlord has the authority to make modification and improvements to the Premises, as reasonably deemed necessary to accomplish its statutory functions. 9. MAINTENANCE, REPAIRS,ALTERATIONS. 9.1 Tenant's Obligations. After the Landlord pads the first Five Thousand Dollars ($5,000) per calendar year for repairs and annual maintenance to tl►e heating and air conditioning(HVAC)equipment, which shall be used primarily by Tenant for heating and cooling of the Premises (known as"System 9"), the Tenant agrees to pay any additional costs, excluding any Landlord employee costs, for any calendar )-car. A diagram of the"System 9"(AI-IU-01-09) HVAC system to be used on the Premises is attached as Exhibit B. All other major repair costs and annual maintenance to the building shall be paid by Landlord as set forth in Paragraph 9.2 below. 9.2 Landlord's Obligations. Subject to the foregoing, Landlord shall keep and maintain in good condition and repair (or replace, if necessary) all aspects of the Public Safety Center including but not limited to the roof, exterior walls, structural parts, and structural floor of the Premises, fire protection services,and pipes and conduits outside the Premises for the furnishing to the Premises of various utilities (except to the extent that the same are the obligation of the appropriate public utility company). 9.3 Surrender. Upon the expiration or termination of this Lease,Tenant shall surrender the Premises to Landlord in good and broom-clean condition, with all of Tenant's fixtures and property removed, excepting ordinary wear and tear. Tenant shall also remove any Tenant-installed improvements that Landlord may require to be removed. 9.4 Alterations. Tenant shall not make an), structural repairs or alterations of the Premises unless approved in writing by Landlord prior to any repairs or alterations. 9.5 Cleaning. The Landlord agrees to continue to provide for the general cleaning and maintenance of the Promises and the removal of trash from the Premises, including all associated costs. 9.6 Technical Support. Tenant is responsible, at its own cost, to provide any technical or mechanical support to repair or replace any electrical, mechanical,or computer equipment purchased by Tenant for use on said Premise(not covered in 9.1). 10. UTILITIES. 10.1 Obligation to Pay. Landlord shall pay for all water, gas, electricity, and other utilities used by Tenant during the Lease Tenn, with the exception of telephone lines dedicated specifically for handling emergency 911 telephone calls,which shall be paid by the Tenant. 10.2 Landlord's Responsibility. Landlord shall not be liable for, and Tenant shall not be entitled to, and, damages, abatement, or reduction in Rent by reason of any inten•uption or failure in the supply of utilities,including but not limited to lightning strikes and floods.Tenant agrees that it shall not install any equipment that exceeds or overloads the capacity of(lie utility facilities serving the Premises, and that if equipment installed by Tenant requires additional utility facilities, installation of the same shall be at Tenant's expense, but only after Landlord's written approval of same. Landlord shall be entitled to cooperate with the energy and water conservation efforts of governmental agencies or utility suppliers. No failure,stoppage,or interruption of any utility or service, including but not limited to lightning strikes and floods, shall be construed ai an eviction of Tenant,nor shall it relieve Tenant from and obligation to perform any covenant or agreement under this Lease. In the event of any failure,stoppage,or interruption of utilities or services, Landlord shall use its reasonable efforts to attempt to restore all services promptly. Landlord reserves the right from time to time to make reasonable and nondiscriminatory modifications to the utility systems serving the Public Safety Center, 11. MECHANICS LIENS. 1 1.1 Tenant shall keep the Premises and the Public Safety Center free and clear of all encumbrances, mechanics liens, stop notices, demands, and claims arising from work done by or for Tenant or for persons claiming under Tenant, and Tenant shall indemnify and save landlord free and harmless from and against any Claims arising from or relating to the same. 12. DEFAULTS,REMEDIES. 12.1 Tenant's Default. Tenant shall be in default in the event of any of the following: (a) if Tenant fails to make any payment of Rent and such failure shall continue for 30 days after written notice by Landlord; (b) if Tenant fails to perform any other obligation to be performed by Tenant hereunder and such failure shall continue for 30 days after written notice by landlord; provided, however, if the nature of such default is such that the same cannot reasonably be cured within a 30-day period, then Tenant shall not he deemed to be in default if it shall commence such cure within such 30-day period and thereafter rectify and cure such default with due diligence;(c)if"tenant abandons or vacates the Premises or ceases to use the Premises for the stated purpose as set folh in this Lease 12.2 Remedies in Default. In the event of a default by Tenant, Landlord, in addition to any other remedies available to it at law or in equity, including injunction,at its option, without further notice(after notice provided in 12.1) or demand of any kind to Tenant or any other person, may (a) terminate this Lease and Tenant's right to possession of the Premises and recover possession of the Premises and remove all persons there from;(b)have the remedies available at law or in equity(Landlord may continue the Lease in effect after Tenant's breach and abandonment and recover Rent as it becomes due,if Tenant has the right to sublet or assign, subject only to reasonable limitations); or(c) even though it may have reentered the Premises,thereafter elect to terminate this Lease and all of the rights of Tenant in or to the Premises. (Landlord shall provide written notice to Tenant at the time Landlord believes it has the rights contained in 12.2(c).) 13. DESTRUCTION. 13.1 Landlord's Option to Terminate, In the event of a casualty causing damage to the Premises or Public Safety Center that cannot be repaired within ninety(90)calendar days from the date of damage or destruction under the laws and regulations of the state,federal,county,and municipal authorities or other authorities with jurisdiction,either Landlord or Tenant may terminate this Lease at the date of the damage upon written notice to the other party given within ninety (90) calendar days following the date of the casualty. 13.2 Repairs; Rental Abatement. In the event of an insured casualty that may be repaired within ninety (90) days from the date of the damage or, in the alternative, in the event that the Landlord or Tenant does not elect to terminate this Lease under the terms of Section 13.1 above, then this Lease shall continue in full force and effect and the Premises shall be reconstructed with the obligations of the parties being as set forth in Section 13.3 below. Such partial destruction shall in no way annul or void this Lease. As long as Tenant conducts its business in the Premises, there shall be no abatement until the parties agree in writing on the amount thereof, 13.3 Limitation on Repairs. In the event of any reconstruction of the Premises under this Article 13, Landlord's obligation to reconstruct the Premises shall be, to the extent reasonably practicable and to the extent of available proceeds, to restore the Premises to the condition in which they were delivered to Tenant. Landlord's repair obligations shall in no way include and construction obligations originally imposed on Tenant or subsequently undertaken by Tenant. 14, SIGNS AND DISPLAYS. 14.1 Tenant shall not erect or install in, on, or about the Premises any outside exterior signs, without Landlord's consent. All such signs shall comply with all applicable laws and ordinances. It is agreed Direction signage mutually agreeable to all parties shall be allowed at the outside entrance and in common area for Tenant, 15. COMPLIANCE WITH LAWS. 15.1 Laws Generally. Tenant, at its sole cost and expense, shall comp]} when required with all existing and future laws, ordinances,orders, rules, regulations,and requirements of all governmental and quasi-governmental authorities (including the Americans with Disabilities Act, and any amendments thereto)having jurisdiction over the Premises and shall perform all work required to comply therewith, if any such work would involve changes to the structure, exterior or mechanical, electrical, or plumbing systems of the Premises, then such work shall be performed by Landlord, and Tenant shall reimburse Landlord the cost thereof within 30 days after receipt of billing. 15.2 Tenant shall comply with any and all laws concerning environmental regulations, Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought, stored, used, handled, transported, generated, released, or disposed of, on, in, under, or about the Premises. This section shall not apply to any batteries or computer parts used by Tenant in the normal course of its business,provided all applicable rules are followed in their use. 16. RIGI•IT OF ENTRY 16.1 Landlord and its authorized representatives shall have the right to enter Qre Premises at all reasonable times upon reasonable notice to snake repairs or alterations to the systems serving the Premises or for any other purpose. 17. WAIVERS, 17.1 No delay or omission in the exercise of any right or remedy of Landlord with respect to any default by Tenant shall impair such right or remedy or be construed as a waiver.No waiver of any of the terms, provisions,covenants,conditions, rules, and regulations shall be valid unless it shall be in writing signed by Landlord. The receipt and acceptance by Landlord of delinquent Rent or other payments due hereunder shall not constitute a waiver of any other default. 18. ATTORNEY'S FEES, 18.1 If either pany hereto brings an action at law or in equity to enforce, interpret,or seek redress for the breach of this Lease,then the prevailing party in such action shall be entitled to recover all court costs, witness fees,and reasonable attorneys' fees,at trial or on appeal, in addition to all other appropriate relief. 19. I.IMITATION ON LIABIL1 1W. 19.1 In consideration of the benefits accruing hereunder,Tenant,on behalf of itself and all successors and assigns of Tenant, covenants and agrees that the obligations under this Lease do not constitute personal obligations of the Landlord, its members,directors,officers, or employees,and Tenant shall not seek recourse against members, directors, officers, or employees of Landlord or any of their personal assets for satisfaction in any liability in respect to this Lease. 20. NOTICES. 20.1 Every notice, demand, or request (collectively "Notice") required hereunder or by law to be given by either party to the other shall be in writing and shall be served on the parties at the addresses set Forth below the signatures of the parties or such other address as the party to be served may from time to time designate in a Notice to the other party. Any such Notices shall be sent either by (a) United States certified or registered mail, postage prepaid, return receipt requested; (b) overnight delivery using a nationally recognized overnight courier, which shall provide evidence of delivery upon sender's request; or . All notices given in the manner specified herein shall be effective upon the earliest to occur of actual receipt, the date of inability to deliver to the intended recipient as evidenced by the United States Postal Smice or courier receipt,or the date of refusal by the intended recipient to accept deliver} as evidenced by the United States Postal Service or courier. 21.1 Cumulative Remedies. No remedy herein conferred on or reserved to Landlord is intended to be exclusive of any other remedy herein or by law provided, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now hereafter existing at law or in equity by statute. 21.2 Severability.The unenforceability, invalidity, or illegality of tiny provision of this Lease shall not render the other provisions unenforceable, invalid,or illegal. if a court rinds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision it becomes valid and enforceable, then such provision shall be deemed to be written,construed and enforced as so limited. 21.3 Governing Laws. The laws of the State of Illinois shall govern the validity, performance, and enforcement of this Lease.No conflict-oi-law rules of any state or country(including, without limitation, Illinois conflict-of-law rules)shall be applied to result in the application of any substantive or procedural laws of and state or country other than Illinois. All controversies, claims, actions, or causes of action arising between the parties hereto and their respective successors and assigns shall be brought,heard, and adjudicated by the courts of the State of Illinois,with venue in Kendall County. 21.4 Force Majeure. If, by reason of any event of force majeure, either party to this Lease is prevented, delayed,or stopped from performing any act that such part), is required to perform under this Lease other than the payment of Rent or other sums due hereunder, the deadline for performance of such act by the party obligated to perform shall be extended for a period of time equal to the period of prevention, delay, or stoppage resulting from the force majeure event, unless this Lease specifies that force majeure is not applicable to the particular obligation. As used in this Lease, the term "force majeure'' shall include, but not be limited to, fire or other casualty; bad weather; inability to secure materials;strikes or labor disputes(over which the obligated part)-has no direct or indirect bearing in the resolution thereof); acts of God; acts of the public enemy or other hostile governmental action; civil cumrnotion; terrorist acts; governmental restrictions,regulations, or controls;judicial orders; and/or other events over which the party obligated to perform(or its contractor or subcontractors)has no control. 21.5 Successors and Assigns. All of the provisions, terms, covenants, and conditions of this Lease shall be binding on and inure to the benefit of the parties and their respective heirs, executors, administrators, successors, and assigns. No party shall assign, sublet, sell or transfer its interest in this Lease without all other parties' prior written consent. Such consent shall not be unreasonable withheld if the transfer occurs simply because Tenant has changed its name or converted to a 501(c)(3) tax-exempt organization or corporation, provided that Tenant is able to prove that its operations, management and membership have not substantially changed when the Tenant's name change or corporate status change occurred. 21.6 Relationship.Nothing contained in the Lease shall be deemed or construed by the parties or by and third person to create the relationship of principal and agent, or of partnership, or of joint venture, or of any association between Landlord and Tenant. 21.7 Entire Agreement; Modification.This Lease and all exhibits and/or addendums, and/or riders, if any, attached to this Lease are hereby made a part of this Lease,with full force and effect as if set forth herein. This Lease supersedes all prior written Premises Lease agreements between the parties and sets forth all the covenants,promises, agreements, and conditions, and understandings between Landlord and Tenant concerning the Premises, and there are no actual or implied covenants, promises, agreements, conditions,or understandings,either oral or written,between the parties regarding the Premises other than as are set forth herein and none thereof shall be used to interpret,construe,supplement,or contradict this Lease. No alteration, amendment, change, or addition to this Lease shall be binding on Landlord or Tenant unless reduced to writing and signed by each party. 21.8 Time of Essence. Time is of the essence with respect to the performance of every provision of this Lease in which time performance is specified. 21.9 Survival of Obligations. All obligations of Tenant accrued as of the date of acceptance or rejection of this Lease due to the bankruptcy of Tenant,and those accrued as of the date of termination or expiration of this Lease for any reason whatsoever, shall survive such acceptance, rejection, termination, or expiration. 21.10 P13C Obligations. All parties to this Lease agree that and and all rights, responsibilities, or obligations of the PBC shall cease upon the transfer of ownership of the Public Safety Center from the PBC to the County of Kendall. All other terms of the Lease shall remain in full effect after the transfer and the County of Kendall shall be considered the sole Landlord. 21.11 Authority. Each party represents and warrants that their representative whose signature appears below have the power and authority to enter into this Lease and to obligate the party to the term of this Lease. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date first Hritten above. LANi 1,01ZD LANDLORD: John Purcell Juff Wehrli County Board Chairman "Chairman Kendall County, Illinois Kendall Count)-Public Building Commission 1 I I W.Fox Street 111 W. l=ox Street Yorkville, Illinois 60560 Yorkville, Illinois 60560 'TENANT: Gregory Witek,Chairman Kendall County Emergency Phone Service and Communications Board ]102 Cornell Lane Yorkville,Illinois 60560 KGNDALL COUNTY SHERIFF Sheriff Richard Randall 1 102 Cornell Lane Yorkville,Illinois 60560 Exhibit A KenCom Space in the Basement of the Kendall County Public Safety Center Floor Plan Shared Stairwell , I r _ =I' Area lian L Well ,.,.:Ott mti n ie-:,n" s�n' ,�' ? J P- M-7-1 C�Y,*DO • ,.� � nt•7 ot:A 7 5 (w� a soda � A Y CLAM r-1' -- L `1" -1; £"-r* .'3'-�: ' r- W-S rX.,. I Ill I JA 1. L I'! ® ® ® I �cm, I:� Elevator g.n ° ' - w- s Controlled by _._ (�:� Computer T . . Room ' _ =— Sheriff s I n i O Telco ffice Room Computer Room KenCom y X Kendall County w. Shared Emergency Exit Only now EXHIBIT A-COMPUTER ROOM R-1 C-1 R-2 C-2 Plywood R-3 C-3 3-3 R-4 3'-10" C-4 R-5 ' I C-5 C-8 M R-8 -- C-8 R-9 County IT Wm C-9 R-10 C-10 i Exhibit B KenCom Space in the Basement of the Kendall County Public Safety Center HVAC Systems EX.AW-EA WELL u, +- "TTL AREA WRL I Moir •nn L. i� Tf,'l.El eaFl<{Y� �~ r 1 4 /r t-c 9 11-4 v1 I d WV 14 1 X T`• JF WORK T.-MI 4 n/IZ TMET \ t 0: ]IPti1}2 ♦ _ Ca4fil, 2 !^ 91 _ 14.q 4C/IH 3 +•_:' s u r 11._ - r..�F ¢ Li E? r STORArE r :— El£sYr? .I iA STDR 1 Computer Room Main HVAC KenCom Main HVAC Kendall County Shared AHU-01-10 AHU-01-09 AHU-01-09 �'" ' Reviewed By: Agenda Item Number .'y •s► Legal ❑❑ PC Report#1 Finance EST. -� __ti 1838 Engineer ❑ -- City Administrator ® Tracking Number m Human Resources F1 C�"Sad `=Q Community Development El PC 2012-06 Police ALE ��' Public Works ❑ Agenda Item Summary Memo Title: Success in the Suburbs, Inc. —Mile and 1/2 Review Meeting and Date: City Council— September 25, 2012 Synopsis: Mile and %2 Review of a County request for a major amendment to a Special Use Permit for the Equestrian Estates at Legacy Farms Subdivision in Kendall County. Council Action Previously Taken: Date of Action: 9-12-12 Action Taken: Plan Commission recommendation Item Number: PC 2012-06 Type of Vote Required: Majority Council Action Requested: Vote Submitted by: Krysti J. Barksdale-Noble, AICP Community Development Name Department Agenda Item Notes: See attached memorandum. c'r 0 Memorandum To: City Council EST. -� 1836 From: Krysti J. Barksdale-Noble, Community Development Director o CC: Bart Olson, City Administrator Date: March 14, 2011 °� Kendae counTy �� Subject: PC2012-06 Success in the Suburbs,Inc. (Mile and 1/z Review) <kE Background & Request Success in the Suburbs, Inc. is looking to purchase and existing private horse facility located at 17 Ashe Road in the Equestrian Estates at Legacy Farms Subdivision in unincorporated Kendall County. The roughly 8.5-acre facility was approved in 2006 and planned to be used as a horse stable solely for the horses of the residents in that subdivision. Success in the Suburbs plans to amend the currently approved Special Use Permit in the county from a private operation to a public horse facility allowing horses owned by people who do not live within the Legacy Farms development to be boarded at this location. The applicant is seeking County approval of a major amendment to a Special Use for a property zoned RPD-1 in their application (see attached). Kendall County's RPD-1 Residential Planned Development — One District is defined as developments located within the county's Contiguous Growth Area or Rural Transition Area. As part of our statutory authority, Yorkville can review zoning petitions made in the County that are within 1.5 miles of our corporate boundaries; and if opposed to the request, the City has the right to file an objection by resolution. Plan Commission Action: The Plan Commission reviewed the request during their meeting held on September 12, 2012 and unanimously was in favor of the proposed rezoning application based upon the following and as indicated in their vote: • The Yorkville 2008 Comprehensive Plan Update designates the areas immediate east of Ashe Road in this location for "Suburban Neighborhood" and "Commercial" future land uses. The "Suburban Neighborhood" land use category of the Comprehensive Plan is intended to preserve existing developed areas and create new lower-density environments characterized by intimate neighborhood and residences of distinctive design consistent with the Legacy Farms subdivision. • Equestrian facilities are considered to be an appropriate recreational amenity in the RPD-1 District and are subject to the county's bulk regulations such as minimum lot size, required yard setbacks, lot coverage,maximum building height, signage and off-street parking/loading requirements. Lindblom-aye; Baker-aye; Prochaska-aye; Crouch-aye; Kraupner-aye; Adams-aye; Jones-aye. 7 ayes; 0 nays; 0 abstentions Staff Recommendation: Since the request does not propose to increase the footprint or capacity of the existing horse facility operations and it is not inconsistent with the City's Comprehensive Plan's future land use designation, staff recommends supporting the Success in the Suburbs, Inc. request for amendment to a Special Use permit for a public horse facility within the Equestrian Estates at Legacy Farm Subdivision in Kendall County. 1 Clr� Memorandum j` 0 To: Plan Commission EST 1es6 From: Krysti J. Barksdale-Noble, Community Development Director 1 CC: Bart Olson, City Administrator Lisa Pickering, Deputy Clerk(for distribution) Date: September 5, 2012 Subject: PC2012-06 Success in the Suburbs,Inc. (Mile and 1/2 Review) <LE Success in the Suburbs, Inc. is looking to purchase and existing private horse facility located at 17 Ashe Road in the Equestrian Estates at Legacy Farms Subdivision in unincorporated Kendall County. The roughly 8.5-acre facility was approved in 2006 and planned to be used as a horse stable solely for the horses of the residents in that subdivision. Success in the Suburbs plans to amend the currently approved Special Use Permit in the county from a private operation to a public horse facility allowing horses owned by people who do not live within the Legacy Farms development to be boarded at this location. In consideration of this request, the county has stipulated as a condition that no equestrian competitions or training programs be held on this property, except for events involving the horses boarded at the facility. Other conditions were requested by the county regarding parking, minimum stall requirements and manure storage and disposal. As part of our statutory authority, Yorkville can review zoning petitions made in the County that are within 1.5 miles of our corporate boundaries; and if opposed to the request,the City has the right to file an objection by resolution. Application to Kendall County: The petitioner, Success in the Suburbs, Inc. is seeking County approval of a major amendment to a Special Use for a property zoned RPD-1 in their application (see attached). Kendall County's RPD-1 Residential Planned Development — One District is defined as developments located within the county's Contiguous Growth Area or Rural Transition Area, as identified in the Land Resource Management Plan having met such criteria as creating "...recreational amenities, beyond minimum standards established in the subdivision ordinance, including but not limited to: a golf course, ball fields, playground equipment, tennis courts, basketball courts, swimming pool, hiking and bicycling paths (beyond those designated on the County Transportation Plan), community centers, and exceptional landscape improvements such as native or natural plantings (bonus not to exceed 0.01 dwelling units per buildable acre)."1 Equestrian facilities are considered to be an appropriate recreational amenity in the RPD-1 District and are subject to the county's bulk regulations such as minimum lot size, required yard setbacks, lot coverage, maximum building height, signage and off-street parking/loading requirements. Yorkville Comprehensive Plan Future Land Use Designation: Although located within 1.5-miles of our corporate limits, the United City of Yorkville's 2008 Comprehensive Plan Update does not have a fixture land use designation for this property, as it is located on the west side of Ashe Road and within an area covered by the City of Plano in a boundary agreement approved by Yorkville in June 1999. However, the approval of the boundary agreement does not exclude the city from reviewing and/or filing a statutory objection to proposed zoning actions within 1.5-miles of our corporate boundaries. 1 Kendall County,Illinois:Zoning Ordinance http://www.co.kendall.iLus/zoning/zoning ordinance.htm 1 Furthermore, the Yorkville 2008 Comprehensive Plan Update designates the areas immediate east of Ashe Road in this location for "Suburban Neighborhood" and "Commercial" future land uses. The "Suburban Neighborhood" land use category of the Comprehensive Plan is intended to preserve existing developed areas and create new lower-density environments characterized by intimate neighborhood and residences of distinctive design consistent with the Legacy Farms subdivision. Staff Comments/Recommendations: The amended special use request does not propose to increase the footprint or capacity of the existing horse facility operations and it is not inconsistent with the City's Comprehensive Plan's future land use designation. Therefore, staff recommends supporting the Success in the Suburbs, Inc. request for amendment to a Special Use permit for a public horse facility within the Equestrian Estates at Legacy Farm Subdivision in Kendall County. 2 DEPARTMENT OF PLANNING, BUILDING & ZONING 111 West Fox Street • Room 204 Yorkville, IL • 60560 T ca�N °� IrrnAtl (630) 553-4141 Fax (630) 553-4179 12-29 FEB R �RY is4i SUCCESS IN THE SUBURBS, INC. MAJOR AMENDMENT TO A SPECIAL USE SITE INFORMATION PETITIONER Success in the Suburbs, Inc. ADDRESS 17 Ashe Road LOCATION West side of Ashe Road in the Equestrian Estates at Legacy Farms Subdivision TOWNSHIP Little Rock and Bristol PARCEL# 02-06-102-009 & 01-01-200-020 SIZE 8.5 Acres EXISTING LAND USE Existing horse barn for homeowners in the subdivision (Lot 17) ZONING RPD-1 (Ordinance 06-03) Rezoned from A-1 and R-1 to RPD-1; Special Use for construction and operation of a central horse stable and stable manager housing (Ordinance 06-29) LRMP Land Use County: Rural Estate Residential (Max. Density of 0.45 du/acre Roads Ashe Road is designated as a major collector roadway REQUESTED ACTION The Petitioner is requesting a major amendment to a special use for the Equestrian Estates at Legacy Farms Subdivision to change the private horse facility from allowing only boarders who live within the Subdivision into a private horse facility that also allows boarder who do not live within the Subdivision. APPLICABLE § 13.08.0 (Special Uses; Major Amendment to Special Uses) REGULATIONS SURROUNDING LAND USE Location Adjacent Land Use Adjacent Zoning LRMP Zoning within 1/2 Mile North Residential RPD-1 Rural Estate RPD-1; Kane County South Farm and Residential RPD-1 Rural Estate RPD-1; A-1 East Residential RPD-1 Rural Estate RPD-1; Yorkville West Floodplain RPD-1 Rural Estate RPD-1; A-1 PHYSICAL DATA ENDANGERED No Endangered Species Report necessary since it's an existing building. SPECIES REPORT NATURAL An NRI is not necessary since it's an existing building. C:IDocuments and Settings XNoble Iocal Settings l Temporary Internet FileslContent.OUtlookISVOMEZTYIRPC 12-29(8 15 12).doc Prepared by Angela L.Zubko, Senior Planner Page 1 of 3 RESOURCES INVENTORY ACTION SUMMARY REQUESTED The Petitioner is requesting a major amendment to a special use for the Equestrian ACTION Estates at Legacy Farms Subdivision to change the private horse facility from GENERAL allowing only boarders who live within the Subdivision into a private horse facility that also allows boarder who do not live within the Subdivision. Horse Stable-Lot 17 -9 tataa a t9-D11 a avoa aiay.aa-9t a 9va V -9 19-aa 1 oval- a-ar "'J o<-a is-9a a is-904 a 1a-0410 -a :109-011 I �i -910-0-aa. BACKGROUND The whole facility already exists but only currently houses 1 horse and has room for 24 horses. When the property was originally platted, it was contemplated that only those who owned the residential lots of the subdivision would be permitted of board their horses at and use the facility. Due to the recession the original business plan has failed. The petitioners would like to board and have training at the facility. No competitions will be held. SIGNAGE No new signage is proposed at this time. If they would propose signage somewhere other than their site they must do so now. HOURS OF The petitioner has stated the winder hours are from 9am-7pm and the summer OPERATION & hours will be from 9am to 8pm. A full time barn manager will live in the on-site EMPLOYMENT apartment. The facility will employ 5-8 full time employees when it is at full capacity. CHANGES TO The petitioner would like to make the following immediate improvements to the FACILITY current property upon approval by the Kendall County Board of the petition and closing on the purchase of the facility: • The updating and upgrading of the indoor and outdoor arena footing • The removal of PVC fencing in the pastures and replacement with a horse-safe flex fencing product. • The installation of grid foundation and limestone all weather paddocks. • The stall barn is currently half finished. Interior construction includes the updating and completion of the stall barn. RECOMMENDATION Staff is comfortable with this request with the following conditions: 1. No competitions or large events are to be held at this facility, only events involving the horses boarded at this facility. 2. A minimum of 4 stalls be reserved for horses owned by the Burks Family. C:IDocuments and Settings XNoble Iocal Settings l Temporary Internet FileslContent.OutlooklSVOMEZTYIRPC 12-29(8 15 12).doc Prepared by Angela L.Zubko, Senior Planner Page 2 of 3 3. Training program is only available to boarders only, no outside lessons or schooling horses will be available. 4. A maximum of twenty-four (24) horses are allowed to be houses in the stable. 5. Manure storage and disposal is to be according to a proposed manure storage and disposal plan approved be the Kendall County Department of Environmental Health. 6. A maximum of four (4) persons- two (2) per unit- can live in the stable manger housing inside the stable. 7. Amend the CC & R's to reflect these changes. 8. Amend the PUD Agreement to reflect these changes. ATTACHMENTS 1. Business Plan 2. Ordinance 2006-29 (will be rescinded) 3. ZPAC Meeting minutes on 8.6.12 C:IDocuments and Settings WNoble Iocal Settings l Temporary Internet FileslContent.OUtlookISVOMEZTYIRPC 12-29(8 15 12).doc Prepared by Angela L.Zubko, Senior Planner Page 3 of 3 ------- ----------------- ---------------- C3 ------------- ....................................... r------------------- 9 .............................................. ndal F Prey rve j 47 ----------------I r------ V L----------- ................ --—--—--—--—--—--—--—--—-- Piano --—--—--—--—--—- El r-------j 34 r--- j Subat r--j Forest Presery Merarn Forest Prese Yorkv• le Hoover Educational Li Center I.A J" RC/ 126 Silver Springs State Park L------ Millbrook Harris North Forest Forest Preserve, Preserve - ---------- Milibrook Yorkville/Piano Legend N The Data is provided without warranty or any representation of accuracy,timeliness,or completeness.It is the responsibility of the "Requester"to determine accuracy,timeliness,completeness,and ' Boundary Agreement Map Prairie Parkway B5 Alignment appropriateness ofits use.The United City of Yorkville makes no W Yorkville/Piano Boundary Agreement -ties,expressed or implied,to the use of the Data. 1-tv -Map produced by United City of Yorkville GIS February 27, 2009 s Reviewed By: Agenda Item Number .'y •s► Legal ❑❑ PC Report#2 Finance EST. -� __ti 1838 Engineer ❑ -- City Administrator ® Tracking Number m Human Resources F1 C�"Sad `=Q Community Development El PC 2012-07 Police ALE ��' Public Works ❑ Agenda Item Summary Memo Title: Souk Hemintharong Rezoning—Mile and 1/2 Review Meeting and Date: City Council— September 25, 2012 Synopsis: Mile and %2 Review of a County request for rezoning from R-1 Residential to A-1 Agriculture in Kendall County. Council Action Previously Taken: Date of Action: 9-12-12 Action Taken: Plan Commission recommendation Item Number: PC 2012-07 Type of Vote Required: Majority Council Action Requested: Vote Submitted by: Krysti J. Barksdale-Noble, AICP Community Development Name Department Agenda Item Notes: See attached memorandum. c'r 0 Memorandum To: City Council EST. -� 1836 From: Krysti J. Barksdale-Noble, Community Development Director o CC: Bart Olson, City Administrator Date: March 14, 2011 °� Kendae counTy �� Subject: PC2012-07 Souk Hemintharong-Rezoning (Mile and 1/2 Review) <kE Background & Request The petitioner, Souk Hemintharong, is the owner of a 16.18-acre parcel currently zoned A-1 Agricultural (13.18 acres) and R-1 One Family Residence District (3.0 acres) located at 7400 East Highpoint Road in unincorporated Kendall County(see attached), south of Illinois Rte. 71 and west of the Harris Forest Preserve for the purpose of constructing an 800 square foot detached guest house for the petitioner's parents. The property currently has a single-family detached residence built in 1987. According to Kendall County's Zoning Ordinance, the purpose of the A-1 Agricultural Zoning District is to "to ensure that lands within the county which are well suited for agricultural production of food and fiber are retained for such production, unimpeded by the establishment of incompatible uses which would hinder farm operations and irretrievably deplete agricultural lands." 1 Although the County's zoning ordinance generally limits residential development of agriculturally zoned properties, guest houses are only permitted if a principle residence is on an A-1 zoned parcel. Plan Commission Action: The Plan Commission reviewed the request during their meeting held on September 12, 2012 and unanimously was in favor of the proposed rezoning application based upon the following and as indicated in their vote: • The United City of Yorkville's 2008 Comprehensive Plan Update designates this property, and most of the residential parcels located south of Illinois Rte.71 in this area, as `Estate Neighborhood". The intent of the `Estate Neighborhood" land use is "...[t/o provide areas for low-density detached single-family residences. The Estate Neighborhood is characterized by substantial open spaces along roadways and between properties...Gross density in Estate Neighborhood areas should be less than 1.75 dwelling units per acre." • The property is green with areas of dense vegetation creating the desired "open space" character and density intended for those properties identified in the Estate Neighborhood land use classification. The "Estate Neighborhood" land use category of the Comprehensive Plan correlates to the"E- Estate Residence District zoning classification. Lindblom-aye; Baker-aye; Prochaska-aye; Crouch-aye; Kraupner-aye; Adams-aye; Jones-aye. 7 ayes; 0 nays; 0 abstentions Staff Recommendation: The request for rezoning to construct a guest house is consistent with the City's Comprehensive Plan's character for the "Estate Neighborhood" future land use designation and will not exceed the permitted density of the correlating E-1 residential zoning district. Therefore, staff recommends supporting the petitioner's request for rezoning of the subject property from R-1 One Family Residence District to A-1 Agricultural within the County. 1 Kendall County,Illinois:Zoning Ordinance http://Www.co.kendall.iLuslzoninjzlzoninjz ordinance.htm Clr� Memorandum j` 0 To: Plan Commission EST 1es6 From: Krysti J. Barksdale-Noble, Community Development Director 1 CC: Bart Olson, City Administrator Lisa Pickering, Deputy Clerk(for distribution) Date: September 6, 2012 Subject: PC2012-07 Souk Hemintharong—Rezoning (Mile and 1/2 Review) <LE The petitioner, Souk Hemintharong, is the owner of a 16.18-acre parcel currently zoned A-1 Agricultural (13.18 acres) and R-1 One Family Residence District (3.0 acres) located at 7400 East Highpoint Road in unincorporated Kendall County(see attached), south of Illinois Rte. 71 and west of the Harris Forest Preserve. The property currently has a single-family detached residence built in 1987. As part of our statutory authority, Yorkville can review this zoning petition made in the unincorporated Kendall County since it is within 1.5 miles of our municipal boundaries; and if opposed to the request,the City has the right to file an objection by resolution. Application to Kendall County: The request is to rezone the 3.0-acre portion of the property currently zoned R-1 One Family Residence District back to A-1 Agricultural for the purpose of constructing an 800 square foot detached guest house for the petitioner's parents. According to Kendall County's Zoning Ordinance, the purpose of the A-1 Agricultural Zoning District is to "to ensure that lands within the county which are well suited for agricultural production of food and fiber are retained for such production, unimpeded by the establishment of incompatible uses which would hinder farm operations and irretrievably deplete agricultural lands."1 Although the County's zoning ordinance generally limits residential development of agriculturally zoned properties, guest houses are only permitted if a principle residence is on an A-1 zoned parcel. Yorkville Comprehensive Plan Future Land Use Designation: The United City of Yorkville's 2008 Comprehensive Plan Update designates this property, and most of the residential parcels located south of Illinois Rte.71 in this area, as "Estate Neighborhood". The intent of the "Estate Neighborhood" land use is "...[tJo provide areas for low-density detached single- family residences. The Estate Neighborhood is characterized by substantial open spaces along roadways and between properties...Gross density in Estate Neighborhood areas should be less than 1.75 dwelling units per acre. " The subject property is situated on a total of approximately 16.18 acres with the existing residential structure accessible from the roadway via a single driveway entrance and no additional curb cuts are proposed for the new guest house. The remainder of the property is green with areas of dense vegetation creating the desired"open space" character and density intended for those properties identified in the Estate Neighborhood land use classification. The "Estate Neighborhood" land use category of the Comprehensive Plan correlates to the "E-1"Estate Residence District zoning classification. Staff Comments/Recommendations: The request for rezoning to construct a guest house is consistent with the City's Comprehensive Plan's character for the "Estate Neighborhood" future land use designation and will not exceed the permitted density of the correlating E-1 residential zoning district. Therefore, staff recommends supporting the petitioner's request for rezoning of the subject property from R-1 One Family Residence District to A-1 Agricultural within the County. 1 Kendall County,Illinois:Zoning Ordinance http://www.co.kendalLiLus/zoning/zoning ordinance.htm 1 DEPARTMENT OF PLANNING, BUILDING & ZONING TFIE c0,JNV )F III DAIL 111 West Fox Street • Room 203 Yorkville, IL • 60560 RY FEB 1611841 (630) 553-4141 Fax (630) 553-4179 ��A 12-23 SOUK HEMINTHARONG MAP AMENDMENT- R-1 TO A-1 SITE INFORMATION PETITIONER Souk Hemintharong ADDRESS 7400 East Highpoint Road LOCATION East side of Highpoint Road, approximately 0.25 miles south of Route 71 SUBJECr SITE kj ILK( f TOWNSHIP Kendall PARCEL # 05-08-151-005 SIZE 3.0 acres of a 16.18 Acre parcel (Currently 13.18 acres is zoned A-1 and 3.0 Acres is zoned R-1) Ordinance 87-15 EXISTING LAND USE Residential ZONING A-1 (Agricultural) and R-1 (Residential) surrounding the house LRMP Land County: Suburban Residential (max 1.0 du/ac); City of Use Yorkville: Estate Neighborhood Roads Highpoint Road is designated as a scenic route and a minor collector Road (Typ. R.O.W. 90'; Existing 60' (prescriptive). Roadway dedication is requested but not C:Oocuments and SettingsWNoble1ocal Settings l Temporary Internet Files I Content.OUtlooMSVOMEZ YIZBI 12-23(7 31 12).docx Prepared by Angela L.Zubko, Senior Planner Page 1 of 5 mandatory. Trails Proposed local trail on the east side of Highpoint Road A 15-20'easement is requested but not mandatory. REQUESTED ACTION The Petitioner is requesting approval of a Map Amendment to rezone a 3 acre parcel from R-1 (One-Family Residence District) to A-1 (Agricultural) to put all his land back into Agricultural zoning. The main purpose is the petitioner would like to build an 800 square foot house on his property for his parents. APPLICABLE § 7.01 of the Zoning Ordinance(Agricultural District) REGULATIONS § 13.07 of the Zoning Ordinance (Amendments) SURROUNDING LAND USE Location Adjacent Land Use Adjacent LRMP Zoning within Zoning Y2 Mile North Residential; Fairgrounds A-1; B-4 Suburan Res B-4; A-1; R-4; Yorkville South Residential A-1 Suburan Res A-1; R-1; RPD-2 East Residential; Agricultural R-1 Suburan Res A-1; R-1; R-4, B- 3; Yorkville West Agricultural; Residential A-1 SU Suburban Res. A-1; RPD-3; R-3; (Boarding Yorkville horses) PHYSICAL DATA Endangered Species The Illinois Natural Heritage Database contains no record of State- Report listed threatened or endangered species, Illinois Natural Area Inventory sites, dedicated Illinois Nature Preserves, or registered Land and Water Reserves in the vicinity of the project location. Consultation conducted on 7/23/12. ACTION SUMMARY Township (Kendall) Have not heard from yet Municipal Have not heard from yet (City of Yorkville) ZPAC There was a favorable recommendation to forward this petitioner onto RPC. (8.6.12) KCRPC The Plan Commission recommend approval and suggested instead of a guest (8.22.12) house request an A-1 Conditional use for the building permit since the property is unsuitable for farming. STAFF Whole Property ANALYSIS C:Oocuments and SettingsXNoblelLocal SettingslTemporary Internet FileslContent.OutlooklSVOMEZ ZBL 12-23(7 31 12).docx Prepared by Angela L.Zubko, Senior Planner Page 2 of 5 Maple n a Zoning Map- (Yellow is zoned R-1, non-shaded regions are zoned A-1) C:IDocuments and SettingsWNoblelLocal SettingslTemporary Internet FileslContent.OutlooklSVOMEZ IAZB1 12-23(7 31 12).docx Prepared by Angela L.Zubko, Senior Planner Page 3 of 5 Future Land A - Use Plans R REZONED ri r The requested zoning change back to A-1 is consistent with the County's Land Resource Management Plan and the City of Yorkville's Future Land Use Plan. The petitioner would be down-zoning their property. County's Land Resource Management Plan C:Oocuments and SettingsWNoblelLocal SettingslTemporary Internet FileslContent.OutlooklSVOMEZ IAZB1 12-23(7 31 12).docx Prepared by Angela L.Zubko, Senior Planner Page 4 of 5 LEGEND Proposed Use Urbanized Areas (Incorporated) Suburban Residential - Findings of (Max Density=1.00 DU/Acre) Fact Rural Residential (Max Density=0.65 DU/Acre)' Rural Estate Residential (Max Density=0.45 DU/Acre) Countryside Residential (Max Density=0.33 DU/Acre) - Commercial - Mixed Use Business Transportation Corridors For Mining Potential Mining District + ;Subject site Publicgnstitutional - Hamlets Agricultural - Open space [ +�f - Forest Preserves/State Park Natural Resource Areas Q Utility City of Yorkville's Future Land Use Map Legend VI Yorkville Planning Area 2M Land Use Plan 0 Suburban Nethbwhood Industrial ParksJO pen Space •Lucally Pmpased Roads Land Use Classification -Traditional Neighborhood-Of i.IResearch -CwnmemiaUOffim Research Prairie Parkway 65 Alignn ent Rural Neghborhood -Commercial Mixed Use -InduslriaWffim Research ®Prairie Parkway ROW Estate Neighborhood Neighborhood Retail -PubliOQuasi Public Uniaed Oi[y of YorJrville 615 The petitioners have indicated they intend to construct an 800 square foot house on the parcel if the A-1 rezoning request is approved. § 13.07.J of the Zoning Ordinance outlines findings that the Zoning Board of Appeals must make in order to grant a map amendment. They are as follows: Existing uses of property within the general area of the property in question. The C:IDocuments and SettingsXNoblelLocal SettingslTemporary Internet FileslContent.OutlooklSVOMEZ ZB1 12-23(7 31 12).docx Prepared by Angela L.Zubko, Senior Planner Page 5 of 5 current existing uses on Highpoint Road are residential with lots zoned as A-1 or R-1. The rezoning will be consistent with the general area and will not alter the overall principal uses of the property. The Zoning classification of property within the general area of the property in question. The zoning classifications within the general area are currently R-1 and A-1. The suitability of the property in question for the uses permitted under the existing zoning classification. The petitioners would like to rezone part of their property back to A-1 and build a house. The trend of development, if any, in the general area of the property in question, including changes, if any, which may have taken place since the day the property in question was in its present zoning classification. The Zoning Board of Appeals shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such an amendment is in the public interest and is not solely for the interest of the applicant. The Zoning Board of Appeals may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purpose of this paragraph the R-1 District shall be considered the highest classification and the M-2 District shall be considered the lowest classification. The trend of development in that area is almost entirely residential/ agricultural. The rezoning to A-1 should have little impact on further development with the area as it would be consistent with surrounding area. Consistency with the spirit of the Land Resource Management Plan and other adopted County of municipal plans and policies. The Land Resource Management Plan calls for this property to be Suburban Residential which would be consistent with an A-1 zoning designation. Attachments 1. ZPAC meeting minutes on 8.6.12 2. RPC Meeting minutes on 8.22.12 3. Plat of Survey C:Oocuments and Settings WNobleIocal Settings l Temporary Internet FilesIContent.OUtlooMSVOMEZ YIZBI 12-23(7 31 12).docx Prepared by Angela L.Zubko, Senior Planner Page 6 of 6