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City Council Packet 2010 06-08-10 C j". ,� o United City of Yorkville EST 1836 800 Game Farm Road 1 — Yorkville, Illinois 60560 a Telephone: 630-553-4350 Fax: 630-553-7575 SCE t,-V AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday, June 8, 2010 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD 1 WARD 11 WARD III WARD IV Wally Werderich Gary Golinski Marty Munns Rose Ann Spears George Gilson, Jr. Arden Joe Plocher Robyn Suteliff Diane Teeling Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting:: 6:00 p.m., June 15, 2010 City Hall Conference Room Economic Development Committee: 6:30 p.m., July 6, 2010 City Hall Conference Room Administration Committee Meeting:: 6:00 p.m., June 17, 2010 City Hall Conference Room Public Safety Committee Mectin 6:00 p.m., June 24, 2010 City Hall Conference Room Presentations: City Council Meeting Agenda June 8, 2010 Page 2 Public Hearings: 1. Pulte Homes, Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to the Autumn Creek Annexation Agreement and Planned Unit Development dated April 12, 2005. The real property consists of approximately 265 acres located immediately north of Route 34, north and south of Kennedy Road, generally east of McHugh Road, and generally west of Bristol Ridge Road, Yorkville, Illinois. 2. Centex Homes, Petitioner, has tiled an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to the Annexation Agreement and Planned Unit Development dated April 26, 2005. The real property consists of approximately 633 acres located East of Route 47; north and south of Galena Road; and west and east of Cannonball Trail at Galena Road, Yorkville, Illinois. 3. RI Waterman Properties, Inc., Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to the Grande Reserve Annexation Agreement and Planned Unit Development dated July 22, 2003. The real property consists of approximately 1037 acres located generally north of Veterans Parkway; generally north and south of BNSF Railroad; and generally south of Galena Road, Yorkville, Illinois. Citizen Comments: Consent Agenda: 1. ADM 2010-21 Monthly Treasurer's Report for March 2010 2. PS 2010-09 Police Reports for April 2010 3. PS 2010-10 Request to Purchase Squad Cars - authorize Police Department to purchase tx•o new Crown Victoria squad cars.i'oni Landmark Ford in an amount not to exceed$42,000 and to transfer eguipnrent fr-oni old cars and stripe new Curs in an amount not to exceed.$4,000 4. PS 2010-07 Ordinance Amending the Code of Ordinances Providing for the Regulation of Open Burning- authorize Mayor and City Clerk to execute 5. EDC 2010-20 Ordinance Approving a Redevelopment Agreement with Muellner Construction, Inc. - authorize Mayor and City Clerk to execute 6. EDC 2010-21 Ordinance Amending the Code of Ordinances Amending the Definition and Duration of Banners and Providing for a Deposit for Temporary Banner Signs - authorize Mayor and City Clark to execute 7. EDC 2010-I5 Ordinance Approving the Relocation of Specific Signs Impacted by the Widening of Illinois Route 47 - authorize Mayor and City Clark to execute PIan Commission/Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council—None City Council Meeting Agenda June S, 2010 Page 3 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: 399.24 (vendors FY 09/10) 291,066.01 (vendors FY 10/11) S 243,212.07 (payroll period ending 05122110) S 534,677.32 (total) Reports: Mayor's Report: 1. CC 2010-50 Proclamation for Annual Play Day 2. CC 2010-51 Appointment to Plan Commission—Jack Jones 3. CC 2010-52 Appointment to Park Board—Chris Rollins 4. CC 2010-53 Resolution of Authorization to Apply for OSLAD Grant for Bicentennial Riverfront Park 5. CC 2010-54 Bristol Bay Park A Shade Structure— Change Order City Council Report: City Attorney's Report: 1. CC 2010-49 Ordinance Reapproving a Development Agreement with and Approving a Rezoning to B-2 General Business District for River Oaks Property Development, LLC City Clerk's Report: Citv Treasurer's Report: Citv Administrator's Report: Finance Director's Report: City Engineer's Report: Director of Public Works Report: Chief of Police Report: Director of Parks & Recreation Report: Community Development Director Report: Community Relations Officer: Community& Liaison Report: Committee Reports: Public Works Committee Report: 1. PW 2010-32 Heartland Circle— Final Acceptance 2. CC 2010-55 Heartland Circle--Detour Route City Council Meeting Agenda June 8, 2010 Page 4 Committee Reports (cont'd): Economic Development Committee Report: 1. No report. Public Safety Committee Report: 1. No report. Administration Committee Report: 1. ADM 2010-33 Ordinance Amending the Code of Ordinances Establishing Guidelines for Historical Preservation and Establishing a Historic Preservation Commission—Second Reading 2. ADM 2009-43 Ordinance Amending the Code of Ordinances Providing for Penalties for Violation of the State Officials and Employees Ethics Act Additional Business: Executive Session: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES ---------------- ------ ------ PUBLIC WORKS --------------------------------- - Committee Departments Liaisons Chainnan: Alderman Plocher Public Works Park Board Vice-Chairman: Alderman Gilson Engineering YBSD Committee: Aldennan Munns Parks and Recreation Committee: Alderman Teeling ECONOIfIiC DEVELOPMENT; --------- Committee Dqpartments Liaisons Chairman: Alderman Golinski Community Development Plan Commission Vice-Chairman: Alderman Spears Building Safety and Zoning Yorkville Econ. Dev. Corp. Committee: Alderman Werderich Kendall Co. Plan Commission Committee: Alderman Sutcliff ;PUBLIC SAFETY', ------ Committee Departments Liaisons Chairman: Alderman Werderich Police Human Resource Comm. Vice-Chairman: Alderman Munns School District Committee: Alderman Spears Committee: Alderman Plocher City Council Meeting Agenda June 8, 2010 Page 5 COMMITTEES, MEMBERS AND RESPONSIBILITIES (cont'd) --------------------------------------- ----- ADMINISTRATION - ==------- - --- Committee Departments Liaisons Chainnan: Alderman Sutcliff Finance Library Vice-Chairman: Alderman Teeling Administration Committee: Aldennan Gilson Committee: Alderman Golinski UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, June 8, 2010 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC HEARINGS: ----------------------------------------------------------------------------------------------------------------------------------------- 1, Pulte Homes - Autumn Creek PUD Amendment 2. Centex Homes - Bristol Bay PUD Amendment 3. RI Watennan Properties, Inc. - Grande Reserve PUD Amendment (Application withdrawn) ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ----------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: 1. ADM 2010-21 Monthly Treasurer's Report for March 2010 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes 2. PS 2010-09 Police Reports fro April 2010 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. PS 2010-10 Request to Purchase Squad Cars ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes 4. PS 2010-07 Ordinance Amending City Code Providing for the Regulation of Open Burning ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------_-------------------- 5, CDC 2010-20 Ordinance Approving a Redevelopment Agreement with Muellner Construction, Inc. ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ---------------------------------------------------_------------------------------------------------------------------------------------- 6. EDC 2010-21 Ordinance Amending City Code Amending the Definition and Duration of Banners and Providing for a Deposit for Temporary Banner Signs ❑ Approved: Y N n Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 7. EDC 2010-15 Ordinance Approving the Relocation of Specific Signs Impacted by the Widening of Illinois Route 47 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ---------------------------------------------------------------------------------------------------------------------------------------- BILL LIST: ----------------------------------------------------------------------------------------------------------------------------------------- ❑ Approved ❑ As presented ❑ As amended ❑ Notes --------------------------------------------------------------------_-----------------------------__------------------------------------- MAYOR'S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2010-50 Proclamation for Annual Play Day ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future.meeting ❑ Informational Item ❑ Notes ---------------------------------------------------------------------------_-_----------------------------------------------------------- 2. CC 2010-51 Appointment to Plan Commission—Jack Jones ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. CC 2010-52 Appointment to Park Board— Chris Rollins ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committeeffuture meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 4. CC 2010-53 Resolution of Authorization to Apply for OSLAD Grant for Bicentennial Riverfront Park ❑ Approved: Y N Q Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Infonnational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 5. CC 2010-54 Bristol Bay Park A Shade Structure--Change Order ❑ Approved: Y N n Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes CITY ATTORNEY'S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2010-48 Ordinance Reapproving a Development Agreement with and Approving a Rezoning to B-2 General Business District for River Oaks Property Development, LLC ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- REPORTS: --------------------------------------------------------------------------------------------------------------....------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2010-32 Heartland Circle—Final Acceptance ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee{future meeting ❑ lnfonnational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2010-55 Heartland Circle—Detour Route ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Infonmationalltem ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- ADMINISTRATION COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. ADM 2010-33 Ordinance Amending the Code of Ordinances Establishing Guidelines for Historical Preservation and Establishing a Historic Preservation Commission ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. ADM 2009-43 Ordinance Amending the Code of Ordinances Providing for Penalties for Violation of the State Officials and Employees Ethics Act ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------_-_---------------- Reviewed By: Agenda Item Number _ O J % Legal ❑ i��4 Lti C t C��";.ti �n Finance ❑ EST. � 1836 Engineer ❑ City Administrator Tracking Number �O Consultant ❑ PC 2010-05 twxry Agenda Item Summary Memo Title: Autumn Creek Amendment to PUD Agreement Meeting and Date: CC/June S, 2010 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: 4/12/2005 Action Taken: Autumn Creek Amendment Agreement Item Number: Ord. 2005-25 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Krysti J. Barksdale-Noble Community Development Director Name Department Agenda Item Notes: See attached staff report and attachments. FIRST AMENDMENT TO ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT (Autumn Creek Subdivision) THIS FIRST AMENDMENT to that certain Annexation Agreement and Planned Development Agreement (the "Original Agreement") made and entered into as of the 12th day of April, 2005, by and between Richard J. Theidel and LaSalle Bank National Association, as Successor Trustee under Trust Agreement dated February 15, 1977 and known as Trust Number 4198 ("Owners"), Pulte Home Corporation ("Developer") and the United City of Yorkville ("City') is made this day of , 2010, by and between PULTE HOME CORPORATION, a Michigan corporation and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (the "City") by and through its Mayor and Alderman ("Corporate Authorities"): and, WHEREAS, the Original Agreement relates to certain real estate legally described on Exhibit A attached hereto and made a part hereof and referred to therein as the "Subject Property"; and, WHEREAS, Developer purchased a portion of the Subject Property comprised of approximately 265 acres legally described on Exhibit B attached hereto and made a part hereof and referred to therein as the "Residential Parcel"; and, WHEREAS, Section 34 of the Original Agreement authorizes amendments thereto by a purchaser of any portion of the Subject Property and the City, as to such portion, without any action or approval of the Owners of any other portion of the Subject Property if such Amendments do not affect the rights, duties or obligations of the Owners of the remaining portions of the Property not included in the Amendment; and, WHEREAS, the Developer has acquired the Residential Parcel and the Owners have relinquished all right, title and interest thereto and the Developer and the City now wish to amend the Original Agreement as it relates to the Residential Parcel; and, WHEREAS, the public hearing required by law was held by the Mayor and City Council of the City upon this Amendment to the Original Agreement, such hearing having taken place on June 8, 2009. NOW, THEREFORE, in consideration of the foregoing preambles and the mutual covenants and agreements contained herein, Developer and the City agree that the Original Agreement is hereby amended as solely pertaining to the Residential Parcel described on Exhibit B as follows: 1. Pursuant to Paragraph 17.B. of the Original Agreement, the City is required to issue a temporary certificate of occupancy when weather conditions do not permit outside painting, landscaping, sidewalks, final surfacing of driveways or final grading for individual homes. City agrees not to collect or seek any payments nor other security from the Developer for the completion of such items on the condition that the Developer delivers to the City a cash bond in the amount of $25,000 as security for each plat of subdivision, with said cash bond to remain in place until the final certificate of occupancy for each unit included within the plat of subdivision issued. 2. The Developer hereby requests the City to review and the City agrees to review and to consider a proposal to amend the approved Final Plat for Phase lI of the Autumn Creek Subdivision to permit the area north of Kennedy Road to be replatted with new engineering, new lot size, and a new product on the condition that all remain single family with no increase in density and all procedures as required by the City Code are strictly adhered to. A. Pursuant to Paragraph 8 of the Original Agreement, the building and related codes in effect as of the date of said Original Agreement were to be applied for a period of five (5) years or until April 12, 2010. B. Paragraph 8 of the Original Agreement is hereby amended by extending the building and related codes in affect as of the date of said Annexation Agreement for an additional five (5) years or until April 25, 2015; provided that the Developer waives any written notice of expiration of such extension and any potential grace period after April 25, 2015. C. By extending the building and related codes hereunder, the City agrees that no requirements for sprinklers or fire suppression devices shall be applied to the single family homes constructed on the Residential Parcel during such period. 3. The Developer hereby requests the City to review and the City agrees to review and consider a replatting of the Final Plat for Phase II of the Autumn Creek Subdivision to replace the townhomes with single family residences and replat the remaining area on the condition that there is no increase in density and all are procedures as required by the City Code are strictly adhered to. 2 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the date and year first above written. DEVELOPER: PULTE HOME CORPORATION By: Name: Its: and By: Name: Its: CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: Name: Its: Mayor ATTEST: Name: Its: City Clerk 3 =.,��o CIP Memorandum 'ZI a. ° To: City Council EST. 1836 From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator 't �� r� Joe Wywrot, City Engineer 9 Date: June 8, 2010 Subject: Autumn Creek Amendment to PUD Agreement Attached is staff's memorandum enumerating the requested amendments to the existing approved annexation agreement for the Autumn Creek subdivision. The following is a summary of the requested amendments and revised staff recommendations: I. Security Reduction for Certificates of Occu arc The petitioner, Pulte, is requesting to post a $25,000 cash bond as security for certificates of occupancy for each plat of subdivision rather than provide the required LOC for weather related items. Staff has revised our recommendation to support the $25,000 cash bond as security with the requirement that if at any time the cash bond is reduced to less than $25,000, Pulte will be required to replenish the bond in full or no further building pen-nits will be issued. Also, if any person/entity other than Pulte submits for building permit within the Autumn Creek subdivision the standard Letter of Credit for weather related items will be required. 2. Final Plat for Phase II The petitioner has requested that Phase II of the Development which is described as the area north of Kennedy Road be considered by the City to be re-platted with new engineering, new lot size and a new housing product with the condition that the area will remain single family. The petitioner is also requesting the City review and considers the re-platting of the area south of Kennedy Road, which was previously planned for townhomes in the Unit 1 Final Plat Subdivision, and replaced with single-family residences. 3. Building; Codes & Fee Locks The petitioner is seeking an additional five (5) year extension of the building and related code lock through April 25, 2015 with specific relief from the requirement for sprinklers or fire suppression devices in the single family homes constructed on the Residential Parcel (refer to Exhibit B). The petitioner is also seeking fee lock extension for an additional five (5) years. The petitioner has stated they are currently building to the 2006 International Residential Code (IRC) requirements and are willing to lock into this code standard for the next five (S) years with specific relief from providing fire sprinklers in the single family homes. 4. Park Land/Stormwater Basin Staff is rescinding these recommendations, as it was the consensus of the EDC that these items can be sufficiently addressed at time of acceptance by the City of the improvements. Attached is the draft ordinance for your review, and any additional materials, if requested by the City Council, will be provided at the June 22'd meeting. •��° CIP Memorandum _ O J 'n To: EDC esr 1 � 1636 From: Krysti J. Barksdale-Noble, Community Development Director .� CC: Bart Olson, City Administrator 0 ICI h ~ Joe Wywrot, City Engineer ,0,a�„ =0 Date: May 28, 2010 IL Subject: Autumn Creek Amendment to PUD Agreement Petitioner Reguest/Background: The petitioner, Pulte Horne Corporation, is seeking to amend their original annexation agreement and planned development agreement generally pertaining to security reduction, building and related code extensions, and consideration of revisions to the Final Plat regarding re-platting and a new housing product for the Autumn Creek Subdivision. As the EDC may recall, the Autumn Creek development was approved in April of 2005 to include 575 total residential units including 317 single family and 258 townhome units. As of May 2010, 242 single family and 132 townhome units remain to be constructed. The original annexation agreement is attached for your reference. The language of the amendment is in draft format and still under discussion between staff and the petitioner. Given the previous amendment request for the Blackberry Woods Subdivision, the petitioner and staff are seeking input and direction on the policy issues in the amendment which can be settled prior to the City Council public hearing. Petitioner Requests and Staff Comments/Recommendations: Security Reduction for Certificates of Occupancy To ensure the completion of improvements so that occupancy of dwelling units can occur, it is the City's policy to require a letter of credit (LOC) at 110% of the amount estimated by the developer and approved by the City needed to complete the obligatory work. Once the work is completed to the satisfaction of the City, a final certificate of occupancy can be issued per dwelling unit, or a temporary certificate of occupancy can be given if weather conditions do not permit the final exterior improvements such as sidewalk paving, final surfacing of driveways and landscaping, to be completed at that time. Due to the recent economic climate affecting the viability of development to continue in this development, the petitioner is requesting to post a $25,000 cash bond as security for certificates of occupancy for each plat of subdivision rather than provide the required LOC for weather related items. Staff recommends the petitioner post a cash bond of at least $50,000 for each plat of subdivision as security for these items in remaining areas to be developed of Phase 11. Final Plat for Phase II A Preliminary Plat of Subdivision for the entire development has been recorded for Autumn Creek. Only Final Plat of Subdivisions for Unit 1 and Unit 2 has been recorded with Kendall County. Unit 1 Final Plat of Subdivision depicts the development of lots and roadway generally south of Kennedy Road and west of U.S. Route 34 (see attached) and Unit 2 Final Plat of Subdivision depicts the school/park site and the retention areas along Autumn Creek Boulevard and Kennedy Road (see attached). The petitioner has requested that Phase II of the Development which is described as the area north of Kennedy Road be considered by the City to be re-platted with new engineering, new lot size and a new housing product with the condition that the area will remain single family. Staff is accepting of this request for consideration as the density in this area will not increase, however the additional plan review and engineering review by the City will necessitate the petitioner to post the required development fees and go through the public hearing process. Staff would also recommend at the time of consideration, that the petitioner provide a site analysis of the previously approved plan which compares bulk standards such as lot size, building height, setbacks, etc. with the proposed plan. The petitioner is also requesting the City review and considers the re-platting of the area south of Kennedy Road, which was previously planned for townhomes in the Unit 1 Final Plat Subdivision, and replaced with single-family residences. Staff is favorable to the proposed reduction in density; however we have expressed concern to the petitioner regarding the potential increase in HOA or SSA payments to the current homeowners due to the potential decrease in rooftops. The petitioner has ensured staff that this request would not impact the current homeowners HOA or SSA payments. Staff would recommend if the City Council is amenable to this request, that at the time of consideration for the re-platting, the petitioner provide a fiscal impact analysis of the annual HOA assessment if developed as originally proposed compared to the requested unit reduction and the revised projected assessment. Again, all plan and engineering reviews conducted by the City will require the payment of the applicable development fees and entitlement process. Building The petitioner is seeking an additional five (5) year extension of the building and related code lock through April 25, 2015 with specific relief from the requirement for sprinklers or fire suppression devices in the single family homes constructed on the Residential Parcel (refer to Exhibit B). Although this is policy decision for the City Council, the Bristol Kendall Fire Department has expressed concern with extending building and fire code freezes and the need to maintain consistency throughout the community with regards to the City's most recent adopted standards. Staff is accepting of this request with the stipulation that no further extensions be permitted, as the petitioner has agreed to relinquish the six (6) month grace period after the code lock expiration for notification and compliance with all applicable codes which was a provision of the original annexation agreement. Furthermore, the development is still subject to all national amendments to the building codes adopted by the City pertaining to life/safety considerations after 12 months of the effective date regardless if it occurs within the time of the code lock, per paragraph 4A (page 15) of the original annexation agreement. Park Land/Storrnwater Basin Although the petitioner is not seeking any amendments to the original annexation agreement with regards to the park land dedication or retention areas, staff proposes to incorporate language within this amended annexation agreement regarding these items. Staff recommends including language that states the "Blackberry Creek Trail'' connection with the Grande Reserve development be completed upon acceptance of the dedicated park land on the west end of the northern property adjacent to Blackberry Creek, or when the City deems necessary for its completion. With regards to the stormwater management basin located northwest of Kennedy Road, the infrastructure (storm water pipe) was not completed and would not meet the specifications approved in the landscape plan. Staff also recommends the basin be completed prior to City's acceptance at Final Plat and a seed mix (see attached)be applied to the area if they will no longer be developing this portion. The petitioner will be available at Tuesday night's meeting to answer any questions of the EDC members. Bristol Kendall Fire Department FIRE PREVENTION BUREAU 103 East Beaver Street Yorkville, 1160560-1704 Phone: 630-553-6186 Fax: 630-553-1482 May 13, 2010 Jennifer L. Woodrick United City of Yorkville Engineering Dept. 800 Game Farm Road Yorkville, IL 60560 Re: Building code freezes. Ms. Woodrick, To maintain consistency throughout the community and to allow for new advances in building construction and life safety, the Fire Prevention Bureau strongly recommends that all planned developments, construction projects and remodels be held to the most recent adopted fire and building codes. If you have any questions or need further assistance please feel free to contact me. Sincerely, Jeremy Canavan- Fire Marshal Bristol Kendall Fire Protection District EXHIBIT A Subject Property 4 i'i1 HMrr"An LEGAL DESCRIPTIONS AND-PLAT OF ANNEXATION-OF SrIWWT PROPERTY CH011 12390245.13 48 r ��,f, ' ':r ♦may lt' �_-' a t EXHIBIT B Residential Parcel 5 EXMIT"B" DEPICTION AND LEGAL DESCRIPTION OF RESIDENTIAL PARCEL CHOW 1239M.13 49 EXHIBIT H ow w 4 SAM ` 1;4 J '�Zm ' iAll Inumm MCiN.I'L9L8G Cl�ti•TaIL'.E�'YTfi� :N! r��arVa 1� PHASE _ 0 .y' I eIK.IJmler caw vt 1 ,JVa �n.J.�,Irro.wr>�su�e rR .��I _ �� 1 ,� ar �' � � a'.ue�ur•Q.owo n.JUmr■wlelw ale 1 IIIi JIF a.rrsrJlT,v4 M.rs 'I ALRVMN CREEK SUBDIVISION A PLANNED UNIT DEvFLO Eul V-VJa LE.ILVNOy Pw�vvc Th•M I � ; b r x v Y 1J ffr s t f , r 15_ v 'A- +►•'� i4 Lin rzmp � lri w`-U'ww 11 5s 91 I pI 0_ 1 x _ F F � United City of Yorkville GIS The Date is provided without warranty or any representation of w y accuracy,timeliness,or completeness.It Is the responsibility of the Parcel Data and Aerial Photography "Requester"to determine accuracy,timeliness,completeness,and w Provided By Kendall County G!S appropriateness ofits use.The[United City of Yorkville makes no warranties,expressed or Implied,to the use of the Data. E cis A IN JAI l alall %rose mini MIN YWL k rM4 �N! �I�� \ a`+l � �^�.r a•�a � �9 i�� 11 zZlip {WN -`—mpl LEE { ,tt+` ,•` y\R',i��.r ill�Lia17GI1�Yi�/� I,Im ��i � � � ��. �Q ©�`,�',��;;,►�� ' .y�/�� ' 0� ors �� N1 MEN MienA v gil �A � It®II®M AuTumm CREEK SUBDIVISION PHASING PLAN l m® C'T o United City of Yorkville t A 800 Game Farm Road ES1 ,am 'Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-3436 PC# APPLICATION & PETITION TO AMEND ANNEXATION or PLANNED UNIT DEVELOPMENT(PUD)AGREEMENT Development Name: Autumn Creek Date of Submission: May 5.2010 Requesting: []Annexation [X]PIanned Unit Development 0 with Rezoning 1. Name of Petitioner(s): Pulte Q joup.Inc. Business address: Business phone: _ Business fax: Business email: JWBusiness cell: Home address{opt) Home phone (opt) Personal email(opt) Relationship of Petitioner(s) to subject property: [X] Owner 0 Developer [] Contract Purchaser 2. Name of holder of legal title, if different from#1: NIA If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein; N/A 3.a. Street address and physical location of subject property: Autumn Creek Development,Yorkville IL b. Legal description of property; attach as Exhibit"A". c.Total Acreage: 237 d.Kendall County Parcel Number(s)of property: See Attached Exhibit A-i e. Current Zoning Classification: R-2 and R-3 Residential f. Zoning Classification Sought: NIA United City or Yorkville Amendment to Annexation or PUD Agreement 4. Names and addresses of any adjoining or contiguous landowners, and landowners within 500 feet, entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit"B". 5. List all governmental entities or agencies required to receive notice under Illinois law: NIA 5. Date of PUD Agreement sought to be amended: Aril 12 2005 Name of Agreement: Annexation and Planned Unit Develo mcnt A eement Date of Recording: _ March 27,2006 Attach a true and correct copy of agreement as"Exhibit C". 6. Summarize the items to be amended from the existing annexation or PUD agreement: (1)Extension of period for freeze on Codes and Fees a livable to the RMOR91M. (2)Substitution of cash bonds for existiniz semrity for completion of weather related items in homes. 3 Add pLovision for facilitated amendments for PUD Plan and Plats to accommodate product changes. (4)Add provision the separate platting of the v=gM North of Kennedy Road. _ Attach amendments as Exhibit D 7_Contact Information: Name,address,phone number,fax number,and email address of person to whom inquiries regarding this petition may be directed: Bernie Pallardv,Pulte Corporation, Attorney: Name: Charles L.Byrum,Es g-Partner Meltzer Purtill& Stelle LLC Address: Phone Number: Fax Number: Email Address: Engineer: Name: Pete Huiniter,SEC Grouip.Inc. and HR Green Com an Address: Phone Number: Fax Number: Email Address: Planner: Name: _ ___ Same as abovg. SEC Group _ Address: Phone Number: Fax Number: Email Address: United City of Yorkville I Amendment to Animadon or PUB Agreement i S. Submit the following to the Community Development Department in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Two(2) original signed applications with legal description. b. Five(5)copies each of the application and exhibits,proposed drawings, location map, site plan. If site plans are attached,they must be folded to fit into a 10"x13"envelope. C. Two(2)CD's containing one electronic copy(pdf)of each of the signed application (complete with exhibits),proposed drawings, location map,and site plan. A Microsoft Word document with the legal descriptions is required on the CD. d. Appropriate filing fee(Please refer to Page d of this application"Petitioner Route, Step 1, Fees" and/or contact the Community Development Department for verification of this amount.) Depending on the nature of the amendment request(s), this application might require a Plan Commission meeting.The petitioner or its designated representative will be contacted to provide additional quantities of the printed application&supporting documents,for insertion into meeting packets. In witness whereof the following petitioner(s)have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Date: C) Petitioner(s) Signature: Subscribed and sworn to before me this day of d , 20 Io Notary Seal =WJR�T�H WTNN W 1Mdlt 1 THIS APPLICATION MUST BE NOTARIZED. United City of Yorkville I Amendment to Annexation or PUD Agreement AMENDMENT TO ANNEXATION OR PLANNED UNIT DEVELOPMENT(PUD)AGREEMENT PETITIONER ROUTE Step 1: Petitioner must submit a completed application, fees*and all pertinent materials to the Community Development Department a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County,Illinois Department of Transportation,Illinois Department of Natural Resources,U.S.Army Corps of Engineers, etc.,to allow timely review by City. *Fees: 1.Annexation/PUD Amendment-$500 2. Deposit for Outside Consultants Under 2 acres=$1,000 Two(2)to 10 acres=$2,500 Over 10 acres=$5,000 3. Rezoning(if requested): $200,plus$I 0/acre for each acre over 5 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should owner/developer deplete the initial deposit,with substantial review remaining to be completed,a request for replenishment of the deposit in the amount of 100% of the initial deposit amount will be due and payable in order to keep the project moving forward; application close to completion will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Commission; The Plan Commission meets the 2"d Wednesday of each month at 7:00 p.m. in the Yorkville Public Library*at 902 Came Farm Road. The Plan Commission will make a recommendation for the City Council's consideration. The PIan Commission consists of 9 members appointed by the Mayor. A public hearing will be held at this time for the Annexation or PUD Agreement amendment. Notice will be given by publication by the United City of Yorkville in the Kendall County Record no less than 15 days and no more than 30 days prior to the public hearing date.The petitioner shall notify all adjoining or contiguous landowners, and property owners within 500 feet of subject parcel for which amendment is requested,by certified mail,signature return receipt requested.All receipts (green cards)are due to the City 24 hours prior to the public hearing. A certified affidavit must be.filed by the petitioner with the Community Development Department's office containing the names, addresses and permanent parcel numbers of all property owners. *Meeting location is subject to change. Step 3: Economic Development Committee: The Economic Development Committee meets the I" Tuesday of the month at 7:00 p.m. in the City Hall Conference Room. The project will be discussed in an informal atmosphere where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings and for review of the draft amended agreement. Unitod City orYorkviile I Amendment to Annexation or PUD Agreeteent EM Step 4: City Council:A public hearing is required for Annexation or'PUD agreements. The City Council meets the 2"d or 41°Tuesday of the month at 7:00 p.m.in the Council Chambers at City Hall. A public hearing will be held at this time for the Annexation or PUD Agreement amendment. Notice will be given by publication by the United City of Yorkville in the Kendall County Record no less than 15 days and no more than 30 days prior to the public hearing date.The petitioner shall notify all adjoining or contiguous landowners,and property owners within 500,feet of subject parcel for which amendment is requested, by certified mail,signature return receipt requested.All receipts(green cards) are due to the City 24 hours prior to the public hearing. A certified affidavit must be filed by the petitioner with the Community Development Department's office containing the names,addresses and permanent parcel numbers of all property owners. Agreement: I understand and accept all requirements,fees as outlined as well as any incurred administrative and planning consultant fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original(retaining a copy for your records)to the Community Development Department, United City of Yorkville, 800 Game Farm Road,Yorkville, Illinois,60560. Dale: 6UIL2.010 _ Signature of Pet-aC Revisod 4.22.10 United City or Yorkville I Amendmcni to Anncxation or PUD Agrecmenl 200500014962 Filed for Record in STATE OF ILLINOIS KENDALL COUNTY, ILLINOIS } PAUL ANDERSON COUNTY OF KENDALL ) � ORDINANCES A!: i0140,Di1. ORDINANCE NO.2005- S AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT FOR AUTUMN CREEK WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE,Kendall County,Illinois,that a certain Annexation Agreement and Planned Unit Development Agreement pertaining to the annexation of real estate described on the Exhibit"A"attached hereto and made a part hereof entered into by the LTNMD CITY OF YORKVILLE; and WHEREAS, said Annexation and Planned Unit Development Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready,wills and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS,the statutory procedures provided in 65 ILCS 5111-15.1-1, as amended, for the execution of said Annexation and Planned Unit Development Agreement has been fully complied with; and WHEREAS,the property is presently contiguous to the City; NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE,KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1: The Mayor and the City Clerk are herewith authorized and directed to A-and Ply Unit Development execute, on behalf of the City,an Annexation Agreement concerning the annexation of p)1 Planted Unit Development the real estate described therein,a copy of which Annexations Agreement is attached hereto and made a part hereof Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO T VALERIE BURR V PAUL JAMES _ LARRY KOT V MARTY MUNNS V ROSE SPEARS RICHARD STICKA Approved by me,as Mayor of the United City of Yorkville,Kendall County, Illinois,this Day of r' �. A.D.2005. =Y1 . OR Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this - `ii-I day of AI?r c A.D.2005. ATTEST: CITY CLERK Prepared by: Jobe Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 EXHIBIT"A"TO AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT FOR AUTUMN CREEK PARCEL 1: THAT PART OF THE WEST HALF OF SECTION 22,TOWNSHIP 37 NORTH,RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING IRON PIPE STAKE SAID TO BE OVER THE ORIGINAL LOCATION OF A STONE IN THE CENTER LINE OF THE BRISTOL AND OSWEGO ROAD,PREVIOUSLY DESCRIBED AS BEING 23.05 CHAINS WEST AND NORTH 35 DEGREES 30 MINUTES WEST 11.02 CHAINS FROM THE SOUTHEAST CORNER OF SAID SECTION 22;THENCE NORTH 34 DEGREES 59 MINUTES 00 SECONDS WEST,ALONG A LINE FORMING AN ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE CENTERLINE OF U.S.ROUTE 34, MEASURED FROM NORTHEAST TO NORTHWEST,2,054.60 FEET FOR POINT OF BEGINNING;THENCE SOUTH 52 DEGREES 08 MINUTES 00 SECONDS WEST, 825.40 FEET;THENCE NORTH 38 DEGREES 06 MINU'T'ES 00 SECONDS WEST, 1,803.88 FEET TO THE CENTER LINE OF KENNEDY ROAD;THENCE NORTHEASTERLY ALONG SAID CENTER LINE, 1,581.49 FEET TO A POINT WHICH IS 350.0 FEET SOUTHWESTERLY OF,AS MEASURED ALONG SAID CENTER LINE,THE MOST EASTERLY CORNER OF BRISTOL LAKE SUBDIVISION;THENCE SOUTH 38 DEGREES 15 MINUTTFS 40 SECONDS EAST, 1,639.93 FEET TO A LINE DRAWN NORTH 52 DEGREES 45 MINUTES 17 SECONDS EAST FROM THE POINT OF BEGINNING;THENCE SOUTH 52 DEGREES 45 MINUTES 17 SECONDS WEST, 750.69 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP,KENDALL COUNTY,ILLINOIS. PARCEL 2: THAT PART OF THE SOUTH HALF OF SECTION 15 AND THAT PART OF THE NORTH HALF OF SECTION 22,TOWNSHIP 37 NORTH,RANGE 7,EAST OF TIME THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION, AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10 AT PAGE 58 ON MAY 10, 1962;THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID SUBDIVISION 1988.0 FEET TO THE NORTHEASTERLY CORNER OF SAID SUBDIVISION;THENCE NORTHWESTERLY ALONG A LINE MAKING AN ANGLE OF 180 DEGREES 13 MINUTES 25 SECONDS MEASURED COUNTER-CLOCKWISE FROM THE LAST DESCRIBED COURSE, A DISTANCE OF 895.02 FEET TO AN EXISTING IRON PIPE STAKE;THENCE EASTERLY ALONG AN OLD FENCE LINE FORMING AN INTERIOR ANGLE OF 58 DEGREES 15 MINUTES 28 SECONDS WITH THE LAST DESCRIBED COURSE,A DISTANCE OF 1298.88 FEET(19.68 CHAINS)TO AN IRON PIPE STAKE HEREWITH PLACED;THENCE SOUTHEASTERLY ALONG AN OLD ESTABLISHED LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 124 DEGREES 23 MINUTES 38 SECONDS WITH THE LAST DESCRIBED COURSE A DISTANCE OF 2185.47 FEET TO AN EXISTING IRON PIPE STAKE ON THE CENTER LINE OF KENNEDY ROAD WHICH IS 1213.59 FEET NORTHEASTERLY FROM THE POINT OF BEGINNING,AS MEASURED ALONG SAID CENTER LINE;THENCE SOUTHWESTERLY ALONG SAID CENTER LINE 1213.59 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL,KENDALL COUNTY, ILLINOIS. PARCEL 3: THAT PART OF THE NORTH HALF OF SECTION 22,TOWNSHIP 37 NORTH,RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10 AT PAGE 58 ON MAY 10, 1962;THENCE NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD,WHICH MAKES AN ANGLE OF 88 DEGREES 58 MINUTES 47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDMSION, MEASURED CLOCKWISE THEREFROM,A DISTANCE OF 1213.59 FEET;THENCE SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE,A DISTANCE OF 1228.39 FEET;THENCE SOUTHWESTERLY PARALLEL WITH THE AFORESAID CENTER LINE OF KENNEDY ROAD, 1348.57 FEET;THENCE NORTHWESTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 88 DEGREES 37 MINUTES 37 SECONDS WITH THE LAST DESCRIBED COURSE A DISTANCE OF 1224.23 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID BRISTOL LAKE SUBDIVISION WHICH IS 0.46 FEET SOUTHWESTERLY FROM THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY LINE 0.46 FEET TO THE POINT OF BEGINNING,IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY,ILLINOIS(EXCEPTING THEREFROM THAT LAND CONVEYED TO KENNETH D.DOTY,JR.,IN DEED RECORDED AS DOCUMENT NUMBER R85-5973, DESCRIBED AS FOLLOWS: THAT PART OF THE NORTHWEST QUARTER OF SECTION 22,TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD, 29954 FEET;THENCE SOUTHEASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 287.11 FEET;THENCE SOUTHWESTERLY, AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 306.88 FEET TO THE EASTERLY LINE OF A TRACT OF LAND CONVEYED TO HERBERT L. RUCKS BY A WARRANTY DEED RECORDED AUGUST 1, 1966 IN BOOK 149 ON PAGE 303;THENCE NORTHWESTERLY ALONG SAID EASTERLY LINE TO A POINT ON SAID CENTER LINE WHICH IS 0.46 FEET SOUTHWESTERLY OF THE POINT OF BEGINNING;THENCE NORTHEASTERLY ALONG SAID CENTER LINE, 0.46 FEET TO THE POINT OF BEGINNING,IN BRISTOL TOWNSHIP,KENDALL COUNTY, ILLINOIS) PARCEL 4; THAT PART OF SECTION 22,TOWNSHIP 37 NORTH,RANGE 7,EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDMSION AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 1 37733 IN PLAT BOOK 10 AT PAGE 58 ON MAY 10, 1962;THENCE NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD WHICH MAKES AN ANGLE OF 98 DEGREES 58 MINUTES 47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDMSION,MEASURED CLOCKWISE THEREFROM,A DISTANCE OF 1213.59 FEET;THENCE SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE,A DISTANCE OF 1228.39 FEET;THENCE SOUTHWESTERLY PARALLEL WITH THE AFORESAID CENTER LINE OF KENNEDY ROAD, 1364.57 FEET FOR THE POINT OF BEGINNING;THENCE NORTHEASTERLY ALONG THE LAST DESCRIBED COURSE 1348.57 FEET TO THE PENULTIMATE DESCRIBED POINT;THENCE SOUTHEASTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE,A DISTANCE OF 1402.38 FEET;THENCE SOUTHWESTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 84 DEGREES 52 MINUTES 28 SECONDS WITH THE LAST DESCRIBED COURSE(BEING A LINE DRAWN PARALLEL WITH THE CENTER LINE OF U.S.HIGHWAY ROUTE 34)A DISTANCE OF 2301.24 FEET;THENCE NORTHWESTERLY ALONG A LINE DRAWN NORTH 35 DEGREES 30 MWUTES WEST FROM A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22 WHICH IS 23.03 CHAINS WEST OF THE SOUTHEAST CORNER OF SAID SECTION 22 (SAID LINE FORMING AN INTERIOR ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE LAST DESCRIBED COURSE)A DISTANCE OF 914.67 FEET; THENCE NORTHEASTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 92 DEGREES 15 MINUTES 44 SECONDS WITH THE LAST DESCRIBED COURSE 877.73 FEET;THENCE NORTHWESTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 263 DEGREES 11 MINUTES 34 SECONDS WITH THE LAST DESCRIBED COURSE,A DISTANCE OF 392.38 TO THE POINT OF BEGINNING,IN THE TOWNSHIP OF BRISTOL,KENDALL COUNTY, ILLINOIS. PARCEL 5. THAT PART OF SECTION 22,TOWNSHIP 37 NORTH,RANGE 7,EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10,PAGE 58 ON MAY 10, 1962;THENCE NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD FORMING AN ANGLE OF 88 DEGREES 58 MINUTES 47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION,MEASURED CLOCKWISE THEREFROM,A DISTANCE OF 1213.59 FEET; THENCE SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE,2630.77 FEET FOR THE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG THE PROLONGATION OF THE LAST DESCRIBED COURSE 1142.51 FEET TO THE CENTER LINE OF U.S.HIGHWAY ROUTE 34;THENCE SOUTHWESTERLY ALONG SAID CENTER LINE FORMING AN INTERIOR ANGLE WITH THE LAST DESCRIBED COURSE OF 84 DEGREES 52 M94UMS 28 SECONDS, 2336.0 FEET TO AN EXISTING IRON PIPE STAKE SAID TO BE OVER THE ORIGINAL LOCATION OF A STONE IN THE CENTER LINE OF THE ORIGINAL BRISTOL AND OSWEGO ROAD PREVIOUSLY DESCRIBED AS BEING 23.05 CHAINS WEST AND THENCE NORTH 35 DEGREES 30 MIIIUTES WEST 11.02 CHAINS FROM THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE NORTH 35 DEGREES 30 MINUTES WEST�J ONG A LINE FORMING AN INTERIOR ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE LAST DESCRIBED COURSE 1139.93 FEET TO A LINE DRAWN SOUTHWESTERLY PARALLEL WITH SAID CENTER LINE OF SAID ROUTE NO. 34 FROM THE POINT OF BEGINNING;THENCE NORTHEASTERLY ALONG SAID PARALLEL LINE FORMING AN INTERIOR ANGLE OF 86 DEGREES 36 MINUTES 53 SECONDS WITH THE LAST DESCRIBED COURSE 2301.24 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL,KENDALL COUNTY, ILLINOIS. CHOV 12426210.1 REV.-CL.B-5119105 ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT (Autumn Creek Subdivision) THIS ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT fb- AGREEMENT ("Agreement"), is made and entered as of the day of April, 2005 by and between RICHARD L THEIDEL and LASALLE BANK NATTONAL ASSOCIATION, as Successor Trustee under Trust Agreement dated February 15, 1977 and known as Trust No. 4198 (collectively, "OWNERS', PULTE HOME CORPORATION, a Michigan corporation ("DEVELOPER') and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY'S by and through its Mayor and Aldermen ("Corporate Authorities'). OWNERS and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a"Party"and collectively as the"Parties". Cfi011 3902 1 RECITALS: A. OWNERS and DEVELOPER are the owners of record of certain parcels of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit "A" (hereinafter referred to as "SUBJECT PROPER'T'Y"). B. OWNERS and DEVELOPER desire to annex the SUBJECT PROPERTY to the CITY for the purposes of developing (i) a residential planned development (PUD) known as Autumn Creek as to a part and (ii) a commercial planned development as to a part. The SUBJECT PROPERTY is currently contiguous with the existing corporate limits of the CITY and is not within the boundary of any other city. C. OWNERS and DEVELOPER desire to proceed with the development thereof for residential and commercial use in accordance with the terms and provisions of this Agreement. D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be rezoned as (i)R-2 and R-3 Single-Family Residence Districts under the City Zoning Ordinance ("Zoning Ordinance) with a Special Use for a Planned Development, to be developed with attached and detached single-family residences within the residential portion of the SUBJECT PROPERTY consisting of approximately two hundred sixty-five(265) acres, legally described in Exhibit "B" attached hereto and referred to as the "Residential 'Parcel" (with the R-2 portion being legally described on Exhibit B-1 and the R-3 portion being legally described on Exhibit B-2) and (ii)a B-3 Business District with the uses listed as Permitted Uses in the B-3 Business District, (including banks with drive-through service and including dry cleaning facilities) with a Special Use for a Planned Development within the commercial portion of the SUBJECT PROPERTY consisting of approximately twenty-one and five hundredths (21.05) acres, legally described in Exhibit "C" attached hereto and referred to as the "Commercial RA1W �W CIM 1 12340295.13 2 Parcel", all as depicted on the Preliminary PUD Plan attached hereto and incorporated herein as Exhibit"D". E. OWNERS intend to sell the Commercial Parcel to a developer of commercial properties (the "COMMERCLAL DEVELOPER') who will develop the Commercial Parcel and perform the obligations of the COMMERCIAL DEVELOPER set forth herein, F. All public hearings, as required by law, have been duly held by the appropriate heaving bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning and the Preliminary PUD Plan on October 13, 2004. City Council conducted the public hearing on the annexation agreement on November 9,2004. G. The CITY and OWNERS and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. H. The Corporate Authorities, after due and careful consideration, have concluded that the Execution of this Annexation Agreement and Planned Development Agreement and the rezoning, subdivision and development of the SUBJECT PROPERTY as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. Each party agrees that it is in the best interests of the OWNERS and DEVELOPER and the CITY to annex and develop the SUBJECT PROPERTY described in the attached Exhibit "A" as a Planned Development establishing a unique character through the provision of a to 1//90295,13 3 mix of residential uses in conformance with the United City of Yorkville Comprehensive Plan within a master planned community including neighborhoods, open spaces totaling over approximately 92.33 acres interspersed throughout the Residential Parcel and a carefully integrated commercial use within the Commercial Parcel and through the provision of orderly flow of traffic within the development and to adjoining rest property. (ii) Each party agrees that it is in the best interest of the local govemmgntal bodies affected and the OWNERS and DEVELOPER to provide for Performance standards in the development of the SUBJECT PROPERTY. (iii) Each party agrees that a substantial impact will be placed on the services of the United City of Yorkville and other govemmental agencies by development of said SUBJECT PROPERTY. (iv) The SUBJECT PROPERTY is contiguous to the corporate boundaries of the CITY. J. It is the desire of the CITY, the OWNERS and DEVELOPER that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. K. The OWNERS and DEVELOPER and their representatives have discussed the , proposed annexation and have had public hearings with the Plan Cornmission and the City Council, and prior to the execution hereof, notice was duly published and a public hearing was C�- CHQ1/ 239o29S,13 4 held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement the Petition for Zoning and Annexation and drawings submitted therewith, including the Preliminary PUD Plan, attached hereto as Exhibit"D" and agree that the annexation, zoning and plan for the SUBJECT PROPERY shall be approved by the City Council upon the following terms and conditions and in consideration of the various agreements made between the parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and rezone the SUBJECT PROPERTY (i)under the R-2 and R-3 Single-Family Residence District provisions of the City Zoning Ordinance ("Zoning Ordinance") with a Special Use for a Planned Development with 575 residences (317 single-family residences and 258 townhome residences) as to the Residential Parcel and (ii)under the B-3 Business District provisions of the Zoning Ordinance, with a special use as a Planned Development as to the Commercial Parcel, all as shown on the Preliminary PUD Plan attached hereto as Exhibit"D", provided that interim use of all or any portion of the SUBJECT PROPERTY as agricultural and Z//a� 23 0291.19 5 nursery uses shall be Permitted as legal non-conforming uses of the SUBJECT PROPERTY until such portions are actually developed. OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY, as approved or subsequently amended, unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement and the Preliminary PUD Plan Exhi 't "D'). The CITY agrees to consider future applications for a special use for portions of the Commercial Parcel, including applications for uses that are designated special uses within the B- 3 zoning classification as of the date of this Agreement, At such time as the locations of any of such uses are determined, OWNER shall apply for special uses therefor and the CITY shall conduct any necessary public hearings therefor. 3. VARIATIONS FROM LOCAL CODES. The specific modifications and deviations from the CITY's ordinances, rules, and codes as set forth in Exhi,'bi " attached hereto have been requested, approved and are permitted with respect to the development, construction, and use of the SUBJECT PROPERTY("Permitted Variations'). 4. UTILITIES EASEMENTS AND PUBLIC IMPROVEMENTS. OWNERS and DEVELOPER agree that any extension and/or construction of the utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as varied by this Agreement. Any on-site work and the cost thereof shall be the responsibility of OWNERS and DEVELOPER within their respective parcels as outlined in E?kbit (Utilities and Public Improvements) except as otherwise provided in this Agreement. The CITY shall have the sole responsibility of obtaining any off-site easements for water distribution along CHO 111 340245.13 6 US Route 34 and responsibility for ofd site street related improvements as outlined in Exhibit "112", In the event The CITY cannot obtain the necessary off-site easements for the extension of the watermains, OWNERS and DEVELOPER shall be allowed to extend water mains from other locations to their respective parcels on the SUBJECT PROPERTY within existing easements or rights-of-way. In addition, the CITY agrees that, at DEVELOPER's request, the CITY shall exercise reasonable and best efforts to acquire off-site easements. All reasonable costs related to or associated with condemnation of property as well as the cost of acquisition of the real property approved in advance by DEVELOPER for easement purposes only, and not as to acquisition of fee title, shall be the responsibility of DEVELOPER The CITY shall not incur any acquisition cost not approved by DEVELOPER. 5. POTABLE WATER SUPPLY SANITARY SEWER, RECAPTURE AND FUNDING MECHANISMS. A. The CITY represents to OWNERS and DEVELOPER that the CITY owns potable water, fire flow and water storage facilities and that such facilities will have sufficient capacity to adequately serve the needs of the OWNERS, DEVELOPER and occupants of the SUBJECT PROPERTY as developed pursuant to the terms of this Agreement. B. With the respect to sanitary sewer treatment capacity, the CITY shall assist and cooperate with OWNERS and DEVELOPER in their efforts to acquire adequate sanitary sewer treatment capacity from the Yorkville Bristol Sanitary District for use within their respective parcels in the SUBJECT PROPERTY as developed pursuant to this Agreement Additionally, the CITY shall also assist and cooperate with OWNERS and DEVELOPER in their efforts to obtain adequate means of delivery of such sanitary sewer capacity to the SUBJECT PROPERTY V aIL4, CHOI/ 390295.13 7 or, in the alternative, shall provide such means of delivery, subject,however, to the requirements of the Yorkville Bristol Sanitary District where appropriate. The CITY shall seek to obtain such governmental approvals and permits, but in the event that its best efforts are not successful, the CITY shall not be liable for any failure to provide adequate means of delivery of the sanitary sewer treatment capacity contemplated under this Subsection 5.B. arising from its inability to obtain such approvals and permits; and the CITY undertakes no duty to pay for the extension of sanitary sewer extensions to the SUBJECT PROPERTY. C. If at the time OWNERS and/or DEVELOPER propose to develop the first Phase of the SUBJECT PROPERTY, either the Yorkville Bristol Sanitary District does not have sufficient capacity or facilities to handle the waste water treatment of that portion or Phase of the SUBJECT PROPERTY being developed or the CITY does not have adequate means of delivery of the aforementioned waste water to the treatment plant including, but not limited to the CITY not having obtained an casement from the owner of the property immediately west of the SUBJECT PROPERTY along Route 34, known as Hamman property (the "Hamman Easement'j for the purpose of constructing a sanitary sewer line from the Countryside lift station through the Hamman property to the westerly boundary of the'SUBJECT PROPERTY for the benefit of the SUBJECT PROPERTY (the "Hammain Sewer Alternative"), it is agreed that DEVELOPER shall have the right to obtain sanitary sewer service for the Residential Parcel using a lift station constructed by DEVELOPER for the purpose of connecting the Residential Parcel to the sanitary sewer system within an existing residential development northwest of the SUBJECT PROPERTY, known as the Menard's property(the "Menard's Sewer Alternative"). In the event the CITY obtains the Hamman Easement prior to the time DEVELOPER commences the installation of the sanitary sewer for the SUBJECT PROPERTY, DEVELOPER Vqwd- CHOI/12390295.13 B shall design and install the Hamman Sewer Alternative. In the event the CITY does not obtain the Hamman Easement prior to such time, DEVELOPER shall install the Menard's Sewer Alternative. Any installation performed by DEVELOPER (whether the Hamman Sewer Alternative or the Menard's Sewer Alternative) shall be entitled to a recapture f or DEVELOPER pursuant to Sections 18 and 22.A. hereof. In the event the DEVELOPER installs the Menard's Sewer Alternative, the CITY shall assume the obligation to pay and maintain the lift station and thereafter, when the CITY later obtains the Hamman Easement and installs the Harriman Sewer Alternative, DEVELOPER may connect any future Phases of the SUBJECT PROPERTY to the Hamman Sewer Alternative without contribution or payment of a recapture fee for the costs thereof. If DEVELOPER installs the Hamman Sewer Alternative and for any reason the CITY agrees with the owner of the Hamman property not to collect a recapture of the costs of the Hamman Sewer Alternative designed and installed by DEVELOPER attributable to the Hamman property, then the CITY shall credit DEVELOPER with the amounts that are attributable to the Hamman property against sanitary sewer tap-on fees otherwise payable by DEVELOPER. D. The CITY represents to OWNERS and DEVELOPER that neither OWNERS nor DEVELOPER shall become liable to the CITY or any other party for recapture upon the annexation and/or development of the SUBJECT PROPERTY for any existing sewer or water lines or storm water lines and/or storage facilities that may serve the SUBJECT PROPERTY, except for a reWture which may become due to MPI Development, owner of the property to the east of the SUBJECT PROPERTY for any improvements installed by MPI, which benefit the SUBJECT PROPERTY; provided, however, subject to the terms of this Agreement, DEVELOPER shall be responsible to pay sewer and water connection fees for the Residential CHOU 17390295.13 9 Parcel and OWNERS shall be responsible to pay such fees for the Commercial Parcel subject to the terms of this Agreement, E. The parties aclmowledge that the CITY is currently preparing plans for the design and construction of improvements to Kennedy Road, which bisects the SUBJECT PROPERTY, The CITY shall construct the improvements to Kennedy Road, which shall include underground crossings where lines and mains for sanitary sewer,water, storm sewer and other utilities may be extended across Kennedy Road in the future. In order to enable the CITY to pay for the cost of such improvements, DEVELOPER shall prepay the Perimeter Road Fee due for the Residential Parcel in the amount of one Million One Hundred Fifty 'Thousand and no/100 Dollars ($1,150,000.00), being the sum of Two Thousand Dollars ($2,000.00) multiplied by the number of dwelling units contained in the Preliminary PUD Plan.. The prepayment shall be paid in increments, with each increment being due and payable within thirty (30) days after each draw request is made under the contract or contracts let by the CITY for the design and construction of the road, with DEVELOPER's total payment not to exceed One Million One Hundred Fifty Thousand and no/100 Dollars ($1,150,000.00). The CITY shall not withhold permits or approvals for any portion of the SUBJECT PROPERTY if the Kennedy Road improvements are not completed by the CITY. 6. SECURITY IN TRUMENTs. A. Posting Seaunty. Each of OWNER and DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds in the forms prescribed by the ordinances of the CITY (°',Security Instruments') to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development within their respective parcels as are required by applicable ordinances of the CITY. The DEVELOPER or OWNER shall have the sole discretion, subject CHO kl 2390295.13 10 to compliance with Illinois law, as to whether an irrevocable letter of credit or surety bond will be used as the security instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty-five percent(85%) of the value certified by the City Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. If the DEVELOPER chooses to use a Special Service Area as a primary funding mechanism for the installation of public improvements,per United City of Yorkville's Resolution No. 2002-04, the OWNERS and DEVELOPER shall not be required to post any irrevocable letters of credit or surety bonds to guarantee the installation of those public improvements, Any public improvements installed by the OWNERS and DEVELOPER on their respective parcels as part of a special service area shall require OWNERS and DEVELOPER to post a one-year maintenance bond after acceptance by the CITY of said public improvements in an amount equal to 10% of the approved engineering's estimate of the costs. Except for Kennedy Road, any perimeter roadways and onsite improvements may be dedicated, constructed, and/or bonded as independent phases of development at the sole discretion of the DEVELOPER, and upon approval by the CITY. B. Inclusion of Route 34 Enqy oad and Route 34 Detention Area in DEVELOPER's Phases. DEVELOPER agrees to include the construction of the east-west entry road between the Commercial Parcel and the Residential Parcel from Route 34 (the "Route 34 Entry Road") and Detention Lot A on the Residential Parcel along Route 34 (the "Route 34 0 Rv— CHO1/12390295.13 l l Detention Area") in one of the phases for the Residential Parcel, to post Security Instruments with the CITY therefor, if required, and to design and build such improvements so that they may serve both the Residential Parcel and the Commercial Parcel. C. Acceptance of Underground Improvements and Streets. Upon completion and inspection of underground improvements, streets, and/or related improvements in each Phase of Development on the Residential Parcel and the Commercial Parcel, respectively, and acceptance by the City Council upon recommendation by the City Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Inst(Ument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following OWNERS' and DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance, and shall adopt the resolution accepting said public improvements not later than thirty (30) days following the approval of the as-built plans. D. Transfer and Substi n. Upon the sale or transfer of any portion of their respective parcels within the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be released from the obligations for such portion secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY, securing the costs of the improvements set forth therein. 7. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS Upon completion of other public improvements not constructed specific to any individual neighborhood (Le. park areas, offshe water main, sewer mains, homeowners G�- CHOI/ 2390295.13 12 association open space areas) in each Phase of Development within their respective parcels, and acceptance thereof by the City Council upon recommendation by the City Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. S. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including,without limitation those pertaining to subdivision controls, zoning, stom r water management and drainage, comprehensive land use plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of five (5) years from the date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five (5)year period. After said five (5) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five (5) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved for the Residential Parcel, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the SUBJECT PROPERTY being classified as non-conforming under any ordinance of the CITY. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the ordinances, regulations, and codes of the CITY in CHO 11 7390295.13 13 order to comply with the new regulations. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the SUBJECT PROPERTY pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the SUBJECT PROPERTY and be complied with by DEVELOPER, provided, however, that any so-called "grandfather"provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the SUBJECT PROPERTY shall be given full force and effect. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of any improvements,buildings, appurtenances, or any other development of any kind or character upon the SUBJECT PROPERTY, other than those upon which site plan approval may be based, are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY's boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. 9. BUILDING CODE., BUILDING PERMITS, A. The building codes for the CITY in effect as of the date of this Agreement and the dates of the latest revisions thereto are listed in Exhibit "F". These regulations as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of five (5) years from the date of this Clio 1 1 z390z9s'13 14 Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five(5) year period. After said five (5) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five(5) year period. The CITY shall give the OWNERS and DEVELOPER a six (6)month grace period from the date they are notified of any changes to the building codes in order to comply with the new regulations. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the development and/or construction of any improvements, buildings, appurtenances upon the SUBJECT PROPERTY are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. Notwithstanding the provisions of this Agreement, all national amendments, deletions, or additions to the building codes of the CITY pertaining to life/safety considerations adopted after the date of this Agreement which affects all land within the CITY, shall be applicable to the SUBJECT PROPERTY upon the expiration of the twelfth (12`h) month following the effective date of such amendments, deletion, or addition, whether during the five (5) years next following fCO 390295.13 is the date of this Agreement, or any time thereafter, except as to those items expressly provided for in Exhibit"F" attached hereto. B. The CITY shall act upon each application for a building permit for which OWNERS and/or DEVELOPER, or their duly authorized representatives, shall apply, within fourteen (14) calendar days of the date of application therefor or within fourteen (14) calendar days of receipt of the last of the documents and information required to support such application, whichever is later, provided the applicable improvements for which the building permit applies will be constructed and installed in accordance with the applicable requirements of the CITY. If the application is disapproved, the CITY shall provide the applicant with a statement in writing specifying the reasons for denial of the application including a specification of the requirements of law that the applicant and supporting documents fail to meet. The CITY agrees to issue such building permits upon the compliance with those legal and documentary requirements so specified by the CITY. C. Subject to any other necessary governmental regulatory approval, the CITY shall permit OWNERS and/or DEVELOPER, and their duly authorized representatives, to install temporary waste water holding tanks and temporary water facilities to serve sales offices or similar temporary structures, and model buildings constructed on the SUBJECT PROPERTY or any Parcel or Phase thereof,provided that each such temporary tank and temporary water facility shall be removed and disconnected within ten (10) days after said structures shall be connected to the sewer or other permitted waste disposal systems, and water mains, at OWNERS' and/or DEVELOPER'S sole cost,subject to force majeure. The use of such temporary facilities shall be subject to all health and safety codes of the CITY and CITY shall inspect such facilities on a periodic basis. L�A CH4i 12394295.13 16 D. Subject to the provisions of Section 11 hereof, no permit fees, plan review fees or inspection fees which are not generally and uniformly applicable throughout the CITY shall be imposed by the CITY against the SUBJECT PROPERTY. 10. FUTURE FINAL PLATS AND FINAL ENGINEERING. The CITY recognizes the development of the SUBJECT PROPERTY may occur in stages or units (sometimes referred to herein as "Phases") over a period of time. Accordingly,the CITY grants permission to OWNERS and DEVELOPER to stage the development on their respective parcels over a period of twenty (20) years in length and to submit separate final plats and final engineering for approval for each Phase. The CITY shall act upon any final plat and final engineering submitted to it for approval within a reasonable time of its receipt of such final plat, final engineering and all necessary supporting documentation and information. The plat review and consideration by the CITY shall not exceed the limitations set out in 65 ILCS 5111-12-8 (2002). The CITY shall not require engineering to be submitted for any Phase of the SUBJECT PROPERTY that is not within the particular Final Plat for a Parcel, Phase or Unit being submitted for approval by OWNERS and/or DEVELOPER, provided, however, the CITY can require engineering for sewer, water, storm water lines and utilities that cross undeveloped Parcels and/or Phases. 11. FEES AND CHARGES. A. During the first five (5) years following the date of this Agreement, the CITY shall impose upon and collect from the OWNERS and/or DEVELOPER, and their respective contractors and suppliers, only those permit, license, top-on and connection fees and charges, and impact fees and in such arnount or at such rate, as are in effect on the date of this Agreement and as are generally applied throughout the CITY, except as otherwise expressly provided for in this CHOI/! 96295,13 17 agreanent on the Fee Schedule attached hereto and made a part hereof as Exhibit "G". At the expiration of this five (5)year term, the CITY shall give the OWNERS and DEVELOPER a one (1) year grace period from the date they are notified of any changes to the permit,license, tap on and connection fees and charges in order to comply with the new regulations, but no increased impact fees or new impact fees shall apply to the SUBJECT PROPERTY. B. To the extent that any fees charged by the CITY or other governmental agency by reason of this Agreement or City Ordinance are not frozen by the specific terms contained in this Agreement, such fees may be prepaid as follows: (i) If the CITY increases any fees that are not prohibited from being increased by the terms of this Agreement and are applicable to the SUBJECT PROPERTY, the CTTY will provide OWNERS and DEVELOPER with notice thereof and OWNERS and/or DEVELOPER will be permitted the right to prepay the fees as they existed prior to such increase at any time within thirty(30) days after receipt of the notice of the increase of the fees from the CITY. (ii) OWNERS' and DEVELOPER's right to prepay will apply to all fees or only certain fees applicable to their respective parcels within the SUBJECT PROPERTY as selected by OWNERS and/or DEVELOPER and prepayment of a particular fee will prevent the increase in such fee from being applicable to that portion of the SUBJECT PROPERTY for which such fee was prepaid. For fees charged on a per residential unit basis, DEVELOPER may estimate the number of residential units and pay such fees based on such estimated number of units or may prepay for only a certain number (determined by DEVELOPER) of units. tL 18 Once the calculation is made, no refund of any portion of any prepayment made will be allowed. C. The CITY represents and warrants to OWNERS and DEVELOPER that no part of the SUBJECT PROPERTY is currently subject to nor is there pending any request to subject any part of the SUBJECT PROPERTY to any special service area or special assessment district that will result in any special taxes or assessments for any portion of the SUBJECT PROPERTY, other than charges to existing drainage districts of record,if any. 12. CONTRIBUTIONS, The CITY shall not require the OWNERS and DEVELOPER to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 13. SCHOOL AND PARK DONATIONS. DEVELOPER shall be responsible for making the contributions outlined in Exhibit "H" and hxhLbit "P" to the Yorkville Community School District #115 ("School District"), the City of Yorkville Park Department ("Park Department") and the CITY for the estimated impact and donation that is projected to be experienced by said entities as a result of the development of the Residential Parcel in the manner provided for under this Agreement. There shall be no other school and park contributions required for the Residential Parcel and there shall be no school or park contributions required or made for the Commercial Parcel. 14. PROJECT SIGNS, Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the Residential Parcel, DEVELOPER shall be entitled to construct, maintain and utilize offsite subdivision identification, marketing and location signs at not more than three (3) locations at any time within the corporate limits of the CITY as DEVELOPER may designate (individually an "Offsite Sign" and collectively the CHO11 2390295.i 3 19 "Offsite Signs' subject to sign permit review and issuance by the CITY. Ofifsite Signs will not be located on public right-of-way. DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite Sign may be illuminated subject to approval by the CITY. In addition to the Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the Residential Parcel as identified in EANYR"T'attached hereto. 15. MODEL HOMES PRODUCTION UNITS AND SALES TRAILERS, During the development and build out period of the Residential Parcel (subsequent to final plat approval), OWNERS and DEVELOPER, and such other persons or entities as OWNERS and DEVELOPER may authorize, may construct, operate and maintain model homes and sales trailers within the Residential Parcel staffed with OWNERS' and DEVELOPER'S, or such other person's or entity's, sales and construction staff, and may be utilized for sales offices for Autumn Creek. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by DEVELOPER. Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three(3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parldng areas and walks will be submitted for review and approval by the CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking two (2) cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each d�- CHOI 239Q295.13 20 neighborhood, which may be hereinafter designated by DEVELOPER as a separate neighborhood at the time a final plat for all or any part of that neighborhood is submitted by DEVELOPER to the CITY, shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon submission of a temporary hold harmless letter to the CITY and the Bristol-Kendall Fire Protection District,) A final inspection shall be conducted prior to the use of a model home and water service shall be made available within 300' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational or until temporary service is available, whichever is earlier. Use of models as a model unit only shall not be deemed to be "occupancy" thereof and may be made prior to connection to a sanitary sewer or water system, so long as temporary waste water holding tanks and temporary water facilities are installed to serve them. DEVELOPER may locate temporary sales and construction trailers upon the Residential Parcel during the development and build out of said property, provided any such sales trailer shall be removed within two (2)weeks following issuance of building permits for all units within the Residential Parcel, A building permit will be required by the CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer the DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the CITY's approval. DEVELOPER hereby agrees to indemnify, defend and hold harmless the C" and the Corporate Authorities (collectively "Indernnitles") from all claims, liabilities, costs and Q� CHO V 2340295.13 21 expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit and shall execute and deliver to the CITY it hold harmless and indemnification agreement in form and content reasonably satisfactory to the CITY, so providing, prior to the commencement of construction of any model homes. DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each neighborhood as the Final Plat and Final Engineering for each such neighborhood is approved by the CITY, The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each neighborhood, 16. CONTRACTORS' TRAILERS, The CTTY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the SUBJECT PROPERTY as required and approved by OWNERS and DEVELOPER for development purposes. Said trailers shall be removed from each of the Residential Parcel and the Commercial Parcel, respectively, within thirty (30) days after issuance of the last occupancy permit for each such parcel, subject to force majeure. A building permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way. 17. CERTMCATES OF OCCUPANCY. A. The CITY shall issue certificates of occupancy for buildings and dwelling units constructed on the SUBJECT PROPERTY or any parcel or phase thereof within five(5)working days after proper application therefor or within five (5) working days after the receipt of the last CH01 12390295.13 22 of the documents or information required to support such application, whichever is later. If the application is disapproved, the CITY shall provide the applicant within five (5) working days after receipt of the application and all documentation or information required to support such application, with a statement in writing of the reasons for denial of the application including specification of the requirements of law which the application and supporting documents fail to meet. The CITY agrees to issue such certificates of occupancy upon the applicant's compliance with those requirements of law so specified by the CITY. The CITY, at its expense, shall retain the services of such consultants and/or hire such employees as may be necessary to ensure that the CITY is able to fulfill its obligations under this Subsection. The foregoing, however, shall not negate the obligation of OWNERS and/or DEVELOPER to pay all fees otherwise payable for services rendered in connection with the issuance of certificates of occupancy under applicable CITY ordinances. B. Notwithstanding the foregoing, certificates of occupancy shall be issued by the CITY for buildings and dwelling units whose driveway and/or sidewalk paving and grading improvements have not been completely finished due to adverse weather conditions subject to the following understandings: (i) if a certificate of occupancy is issued for such a building or dwelling unit and a party fails to complete the driveway and/or sidewalk paving or grading improvements for such building or dwelling unit as soon as weather permits but in any event by the following summer, the CITY shall have the right to withhold the issuance of further building permits to such party until such exterior work has been completed; (ii) with respect to the last phase of development on the SUBJECT PROPERTY, for any building or dwelling unit for which a certificate of occupancy has been issued with incomplete exterior conditions, adequate security, which may be by a bulk surety in the form of a letter of credit or surety bond, shall be GZb- CHOV 1 390295.13 23 posted with the CITY to ensure the completion of such work; and (iii) the CITY is hereby granted rights of access to the applicable phase of the SUBJECT PROPERTY so that, if necessary, the CITY can complete such work. Notwithstanding the foregoing, if the provisions of(i) above apply but if the party that failed to complete the driveway and/or sidewalk paving or grading improvements posts Security with the CITY in the amount of one hundred ten percent (110%) of the amount estimated by OWNERS and/or DEVELOPER and approved by the CITY to be needed to complete such improvements or to effect such corrections, the CITY shall not withhold the issuance of such building permits or certificates of occupancy, Under no circumstances shall the failure of Commonwealth Edison or another utility company to energize street lights installed by OWNERS and/or DEVELOPER within a given Phase of development on the SUBJECT PROPERTY constitute a basis for the CITY denying the issuance of building permits or a certificate of occupancy for buildings and dwelling units constructed or to be constructed within such Phase of the SUBJECT PROPERTY. 18. MROVEMENTS BENEFITING OTHER PROPERTIES. In the event oversizing and/or deepening of public improvements is hereafter requested and properly authorized by the CITY for the purpose of serving property other than the SUBJECT PROPERTY, or in the event any public improvements installed by DEVELOPER or OWNERS benefit property other than this SUBJECT PROPERTY, even if not oversized or deepened, the CITY shall enter into a Recapture Agreement, as defined in Section 22(A) hereof, with OWNERS and DEVELOPER providing for the payment of the cost of such oversizing or the prorata portion of the costs of any improvements benefiting the properties by the owners of properties benefited by the same. The improvements which qualify as oversized or as benefiting other properties and the identity of the benefited properties (by location map and/or permanent MO 239D29513 24 index number) shall be identified at the time of approval of Final Engineering for each phase of development. A phase may include more than one neighborhood. In addition, if DEVELOPER designs and installs the Hamman Sewer Alternative described in Section S.C. hereof, the Recapture Agreement shall provide that one hundred percent (100 0/6) of the casts expended by DEVELOPER in designing and installing the Harman Sewer Alternative shall be recovered from the other properties benefiting therefrom with each paying its prorata portion of the one ' hundred percent(100 1%). 19. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Ca fled Statutes (2002) ed., shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public purposes, except as otherwise provided in this Agreement or identified on the Preliminary PUD Plan, 20. ESTABLISHMENT OF SPECIAL SERVICE AREA AS PRIMARY FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS. At the OWNERS' and/or DEVELOPER's request, the CITY shall establish a special service area ("SSA'I to be utilized as a primary funding mechanism for installation of on-site and off-site public improvements, including,without limitation, potable water, fire flow and/or water storage facilities, roads, storm water facilities (i.e., storm water sewers, collection and conveyance improvements, detention ponds if they benefit off-site properties), sanitary sewer facilities and other public improvements. The CITY, OWNERS and/or DEVELOPER shall cooperate in good faith to identify and agree on an appropriate structure for the financing, which the CITY and DEVELOPER currently believe will consist of an SSA pursuant to 35 ILCS 200/27-5 et sere.,but which may be authorized and implemented under other legal frameworks acceptable to the CHOII 390295.13 25 CITY, OWNERS and/or DEVELOPER. The burden of the assessment is limited to Sixteen Million Dollars ($16,000,000) and shall be paid by only those future property owners within the SUBJECT PROPERTY,except for the Commercial Parcel. 21. BANK QUALIFIED DEBT. The parties recognize that the CITY is eligible to issue Ten Million Dollars($10,000,000.00)per year in bank qualified debt. The CTTY wants to preserve the right to issue debt in excess of this amount. The parties understand that if the CITY issues debt in an amount greater than $10,000,000 ("Non-Bank Debt's in a given year including special assessment bonds, then the Non-Bank Debt will be subject to a general market interest rate as opposed to a bank qualified interest rate. The parties further understand that the general market interest rate may be higher than the bank qualified interest rate. DEVELOPER agrees that in the event that the Bonds are issued in any calendar year and the CITY in that same calendar year determines in its sole discretion that it must issue Non-Bank Debt because of the issuance of the Bonds, then DEVELOPER shall pay any additional costs associated with the CITY's Non-Bank Debt that results from the issuance of the Bonds, including but not limited to additional financing costs. If in the same calendar year the CITY issues special assessment bonds for another developer,DEVELOPER shall pay its pro-rata share of the additional costs incurred by the CITY to issue Non-Bank Debt based on the amount of its bond issue in proportion to the total amount of special assessment bonds issued in that calendar year. This pro-rata share shall be determined at the end of the calendar year in which the Non-Bank Debt is issued by the CITY. Payment of the share shall be a one time payment and shall be equal to the present value of the additional cost incurred by the CITY calculated by using the true interest rate on the CITY's Non-Bank Bonds. For purposes of calculating the additional cost incurred by the CITY,the general market interest rate and bank qualified interest CHOI/1239M95.13 26 rate shall be as reported by Griffin, Kubik, Stephens & Thompson, Inc. ("GKsr'), 300 Sears Tower, 233 South Wacker Drive, Chicago, IL 60606, or as otherwise agreed by the parties. These rates shall be determined as of the date that the Non-Bank Debt is issued by the CITY. As of the date of this Agreement, GKST reports the current general market interest rates and bank qualified interest rates on its web site located at www. ksg t.eom under the section entitled „Market Card." 22. RECAPTURE AGREEMENTS. A. Benefiting the SUBJE-CT PROPERTY. The CITY agrees that in accordance with Chapter 65, Section 519-5-1 et.seq. of the Illinois Compiled Statutes, 2002 Edition, the CITY shall enter into recapture agreements with the OWNERS and DEVELOPER for a portion of the costs of certain public improvements constructed by OWNERS and DEVELOPER which the CITY has determined may be used for the benefit of property (`Benefited Properties") not located within the SUBJECT PROPERTY which will connect to and/or utilize said public improvements. In addition, if DEVELOPER designs and installs the Haman Sewer Altemative described in Section 5.C. hereof, the Recapture Agreement shall provide that one hundred percent(100%) of the costs expended by DEVELOPER in designing and installing the Hamman Sewer Alternative shall be recovered from the other properties benefiting therefrom with each paying its prorate portion of the one hundred percent (100%). Each Recapture Agreement shall be substantially in the form as attached hereto and incorporated herein as Exhibit"K I. B. EncumberinE the SUBJECT PROPERTY. Except for a recapture which may become due to MPI Development, owner of the property to the east of the SUBJECT PROPERTY for improvements installed by MPI which benefit the SUBJECT PROPERTY, there arc currently no recapture agreements or recapture ordinances affecting public utilities which lV ab CHOV 123902".13 27 will be utilized to service the SUBJECT PROPERTY which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNERS and DEVELOPER, or their successors, upon connection of the SUBJECT PROPERTY to any of such public utilities, nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will affect the SUBJECT PROPERTY. 23, COMMENCEMENT OF IMPROVEMENTS. A. The CITY shall issue permits to OWNERS and/or DEVELOPER-to authorize the commencement of construction of utility improvements on their respective parcels on the SUBJECT PROPERTY or any Parcel or Phase thereof at the sole risk and cost of OWNERS and/or DEVELOPER prior to; (i) approval of a final plat of subdivision; or (ii) construction of the CITY utility improvements, provided: (1) such construction is undertaken at the risk of the party seeking to undertake such work; (2) approved engineering plans for such improvements have been approved by the CITY that are sufficient in detail for the CITY to determine the nature and scope of the improvements being constructed; (3) the preliminary subdivision plat for the Phase upon which the improvements are being constructed has been approved by the CITY; (4) the IEPA and the sanitary district that will serve their respective parcels of the SUBJECT PROPERTY, as and if applicable,have issued permits for the construction of sanitary sewer and water lines for the Phase on which the improvements are being constructed. The CITY agrees to review and, where appropriate, execute IEPA sewer and water permit applications separate and apart from the review of final engineering plans so that the IEPA will be in a position to issue such permits prior to CITY approval of final engineering plans; and (5) the construction complies with the CITY'S then existing soil erosion ordinances. OWNERS and DEVELOPER ti 95,i3 28 shall indemnify the CITY against any claims, actions or losses the CITY may suffer, sustain or incur because another governmental agency takes action against the CITY after OWNERS and/or DEVELOPER undertake development activities on either of their respective parcels pursuant to the provisions of this Subsection 23(A). B. The CITY shall issue permits to OWNERS and/or DEVELOPER to authorize the commencement of mass earthwork and grading on their respective parcels of the SUBJECT PROPERTY or any Parcel or Phase thereof prior to acceptance of a final plat of subdivision and final engineering by the CITY, provided, that OWNERS and/or DEVELOPER has submitted mass grading and erosion control plans to the CITY at least thirty (30) days prior to the commencement of such mass earthwork and grading and complies with the erosion control ordinance of the CITY. C. The CITY shall issue permits to OWNERS and/or DEVELOPER to authorize the commencement of construction and installation of building foundations on the Residential Parcel prior to acceptance of a final plat of subdivision and final engineering by the CITY, provided, that DEVELOPER have provided for all-weather access to such Lots on which building foundations are being constructed and installed, in the form of aggregate driveways. Any such installation of foundations prior to acceptance of a final plat of subdivision and final engineering by the CITY shall be at DEVELOPER'S sole risk. Issuance of building permits by the CITY pursuant to this Section shall not be deemed to guaranty the approval by the CITY of any final plat or engineering for the SUBJECT PROPERTY then under review. D. Notwithstanding the foregoing, the SUBJECT PROPERTY or any portion thereof may continue to be used for agricultural and nursery uses as interim uses until the relevant l� CHOI/ 2394295.13 29 portion of the SUBJECT PROPERTY is actually developed. Such uses shall constitute legal, non-conforming uses of the SUBJECT PROPERTY. 24. COVENANTS. In lieu of any architectural control ordinances adopted by the CITY, the DEVELOPER agrees to impose covenants, conditions and restrictions relating to fagade materials, accessory structures and other building restrictions at the time of final plat submittal for each unit of the Residential Parcel. Further, DEVELOPER agrees to follow the anti-monotony policy of DEVELOPER for single-family detached homes attached hereto as Exhibit N regarding the exterior elevations of the buildings. DEVELOPER shall include provisions in the covenants to provide that the Homeowners Association shell be responsible for the maintenance of landscaping within the perimeter landscaping easements, signage provided on the Residential Parcel, and other obligations as determined at the time of final platting and as referenced in this Agreement. 25. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA{DSSA). A. Homeowners Association. DEVELOPER shall establish through a declaration of covenants, conditions and restrictions, a Homeowners Association C Assoelallon") of all lot owners within the Residential Parcel and a mandatory membership of all lot owners in the Association within the Residential Parcel. The Association shall have the primary responsibility and duty to carry out and pay for the maintenance of Common Facilities(defined below) through assessments levied against all dwelling units within the Residential Parcel. A maintenance easement shall be established over all of the Common Facilities located on the final plat for each Phase of Development for the Association that undertakes responsibility for the Common Facilities Maintenance. The Association will be responsible for the regular care, maintenance, CHOU 12 295.13 30 renewal and replacement of the Common Facilities including stormwater detention areas and other open spaces within the Residential Parcel and for the yards and buildings on the private lots on which townhomes are constructed. The maintenance described herein shall include, without limitation, the mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs,so as to keep the same in a clean, sightly and first class condition, and for the maintenance and repair of townhomes on the townhome lots and shall utilize the Association to provide sufficient funds to defray the costs of such maintenance and to establish reserve funds for future repairs and replacements and shall otherwise comply with the CITY's Property Maintenance Standards and Landscape Ordinance. The Common Facilities are depicted on Exhibit"L"attached hereto. DEVELOPER may covenant with the OWNERS for the sharing of the costs of maintenance of any storm water management facilities on the Residential Parcel that benefit the Commercial Parcel. B. Dormant Special Service Axes. DEVELOPER agrees to the CrN enacting at the time of final plat approvals a Dormant Special Service Area (DSSA) to act as a back up in the event that the Homeowner's Association fails to maintain the private common areas, detention ponds,perimeter landscaping features, and entrance signage within the Residential Parcel. 26. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the SUBJECT PROPERTY, OWNERS or DEVELOPER determine that any existing utility easements and/or underground lines require relocation to facilitate the completion of their obligation for their respective parcels of the SUBJECT PROPERTY in accordance with the Preliminary PUD Plan, the CITY shall fully cooperate with OWNERS and DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs rMo ll 1 390295.13 31 incurred in furtherance thereof shall be borne by the OWNERS and DEVELOPER. If any easement granted to the CITY as a part of the development of the SUBJECT PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the SUBJECT PROPERTY as reflected on the Preliminary PUD Plan and in this Agreement, the CITY shall fully cooperate with OWNERS and DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be bome by OWNERS or DEVELOPER, as the case may be. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNERS and DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located on their respective parcels unless the relocation involves overhead utilities. If any existing overhead utilities are required to be relocated or buried on perimeter roads that are the responsibility of the OWNERS and/or DEVELOPER as stated in Exhibit"M", the CITY agrees to be the lead agency in the relocation of those utilities. Upon OWNERS and/or DEVELOPER's request, the CITY will make the request to have overhead utilities relocated. In the event there is a cost to the OWNERS and/or DEVELOPER associated with burying what had been overhead utility lines, the OWNERS and/or DEVELOPER shall have the right to make the determination as to whether the utility lines will be buried or re-located overhead. The costs of burying any existing overhead utility lines which are on the Residential Parcel or the Commercial Parcel shall be paid by OWNERS and/or DEVELOPER, as the case may be. The costs of burying any other existing overhead utility lines shall be paid by the CITY. 27, WETLANDS AND STORMWATER DETENTION. The Residential Parcel contains two wetland areas, one being an area within the Blackberry Creek corridor which is under the jurisdiction of the Army Corps of Engineers and the other being an area located south CH q13 0295.13 32 of Kennedy Road which is not under the jurisdiction of the Army Corps of Engineers nor under the jurisdiction of the NRCS (the "Wetland Areas', as such areas are identified on Exhibit"D" attached hereto. DEVELOPER's plan for the development of the Residential Parcel will not adversely impact the Wetland Areas within the Blackberry Creek corridor, A portion of the Wetland Area located south of Kennedy Road will be incorporated into the site stormwater management plan with a large stormwater management facility constructed immediately east of the existing wetland and shall be owned and maintained by the homeowner's association established by DEVELOPER for the Residential Parcel. The Blackberry Creek corridor will not be adversely impacted and will undergo vegetative and habitat enhancements, and title to the area within the Blackberry Creek corridor will be conveyed to the CITY upon completion of work herein described. The parties acknowledge that the enhancements to the Wetland Areas, including, but not limited to the wet bottom detention facilities, infiltration swales and a comprehensive erosion control plan, and additional applicable best management practices, shall adequately mitigate for any activities of DEVELOPER associated with the implementation of the proposed stormwater management plan for the SUBJECT PROPERTY. The outfall release of stormwater to Blackberry Creek shall be allowed pursuant to the Utilities and Public Improvement Plans attached as Exhibit E-1. 28. ROUTE 34 CURB CUTS. The CITY agrees to cooperate with OWNERS in an effort to procure and execute permits from the appropriate governmental agencies with jurisdiction to allow the construction of a minimum of two (2) curb cuts and street access on Route 34 to the Commercial Parcel. The location of the curb cuts will be determined by OWNERS and/or DEVELOPER, subject to the approval of the CITY and any other governmental agencies with jurisdiction. OWNERS acknowledge that IDOT, and not the CITY, CHOI/12390295.13 33 shall have ultimate approval of the number and location of the curb cuts designed on Route 34 for the Commercial Parcel, 29. DISCONNECTION, OWNERS and DEVELOPER shall develop the SUBJECT PROPERTY as a development to be commonly known as Autumn Credo in accordance with the final plat and final engineering approved by the CITY in accordance with the terns hereof, and shall not, as either the OWNERS or DEVELOPER of said property, petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 34. CONFLICT IN REGULATIONS, The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 31. ECONOMIC INCENTIVE AGREEMENT. It is the intention of OWNER/DEVELOPER, that to the greatest extent possible, the costs of the installation of on- sits and off-site public improvements for the Subject Property be funded by a Special Service Area comprised of the Residential Parcel, but which excludes the Commercial Parcel, as produced in Section 20 of the Annexation Agreement. At the request of OWNER and/or DEVELOPER, CITY shall enter into an Economic Incentive Agreement pursuant to 65 ILCS 5/8/11/20 and shall enter at all ordinances and execute all other agreements in connection therewith which may be necessary to reimburse OWNER/DEVELOPER or its assigns for the design and installation of these public improvements (the "Commercial Project Improvements') within, or abutting the Commercial Parcel which (i) are directly attributable to the Commercial Parcel and (ii) do not qualify to be funded by the special service area established for the Residential Parcel under the provisions of paragraph 20 of this Annexation Agreement. The terms of the Economic Incentive Agreement shall contain the following provisions; CHai/12390295,13 34 1. The costs of the Commercial Project Improvements (the "Project Improvement Costs") for which OWNERIDEVELOPER or its assigns shall be reimbursed shall include costs of design and engineering, land dedication, construction interest paid during construction, permit fees, inspection fees, insurance premiums and bonds and amounts paid to contractors, subcontractors and suppliers for labor, material, and equipment used in constructing and installing the Commercial Project Improvements which shall not exceed $577,000.00. 2. The amount for which OWNER/DEVELOPER and their assigns may be reimbursed (the "Reimbursement Amount") shall consist of the Project Improvement Costs plus interest at the rate of 5% per annum from the date any Project Improvement Cost is expended (as evidenced by contractor's sworn statements and waivers)to the date of reimbursement. 3. The commencement date for reimbursement shall be the date of issuance of a certificate of occupancy for the operation of the first retail store operating on the Commercial Property. The termination date after which time the C= shall no longer be required to make any reimbursement payments to OWNER/DEVELOPER or its assigns shall be 15 years after the date of this Annexation Agreement provided that OWNER/DEVELOPER or its assigns must start construction (Le. obtaining development perrnits and grading the Commercial Site) CHO 11 390295.t3 35 within two years after the date of this Annexation Agreement. If event construction does not start within said two year period,the termination date shall be accelerated by one day for each day the commencement date is delayed after such two year period. 4. During the reimbursement period the CITY shall pay to OWNER/DEVELOPER or its assigns one-half of any taxes imposed by the State of Illinois as a retailer's occupation tax or a retailer's service occupation tax or any other sales tax or successor tax which may be enacted by the State of Illinois as replacement thereto that are generated by the operation of any retail stores operating on the Commercial Parcel and are distributed to the CITY by the Illinois Department of Revenue. Such payments shall be made until the first to occur of the following: (i) OWNER/DEVELOPER has been fully reimbursed for the Reimbursement Amount (including interest); (ii)the termination date of the Economic Incentive Agreement. Thereafter the CITY shall have no further obligation to make any payments under this Agreement to OWNER/DEVELOPER or their assigns. 32. CITY ASSISTANCE. The CITY agrees to cooperate and provide any reasonable assistance requested by OWNERS and DEVELOPER in applying for and obtaining any and all approvals or permits necessary for the development of the SUBJECT PROPERTY, including, but not limited to those required from the Illinois Environmental Protection Agency, the Army Corps of Engineers, the Federal Emergency Management Agency, the United States t39D295.13 36 Environmental Protection Agency, IDOT, the Illinois Department of Natural Resources, Bristol Township, the United City of Yorkville Park Board and Yorkville Community Unit School District 115, The CITY further agrees to reasonably cooperate with OWNERS and/or DEVELOPER in obtaining all permits and approvals required by the applicable sanitary district, the County of Kendall and all other governmental units in connection with the contemplated development of the SUBJECT PROPERTY or any Phase thereof. DEVELOPER may proceed with grading and installation of public improvements after CITY's approval of final engineering or other documentation called for hereunder and with the construction of homes prior to the issuance of access permits or other permits required for the development by Illinois Department of Transportation("IDOT"), so long as such access permits have been applied for, and the CITY shall not delay the processing or approval of such engineering or documentation or the issuance of building permits for the reason that IDOT permit(s)have not yet been issued. 33. ADDRESSES. Within fourteen (14) days after the final plat of subdivision for any phase of the Residential Parcel is approved, CITY will provide DEVELOPER with the addresses of all lots within that phase for the purpose of expediting the process of obtaining utility installations by the applicable utility company or companies. 34. SUBSEQUENT AMENDMENTS, It is understood and agreed that subsequent amendments of this Agreement, may be obtained solely by the owner of any portion or Phase of the SUBJECT PROPERTY and the CITY as to such portion or Phase without any action or approval of the owners of other portions of the SUBJECT PROPERTY if such amendments do not affect the rights, duties or obligations of the owners of the balance of the SUBJECT PROPERTY not included in the aforedescribed amendments without any action or approval of CrO 1 2390295.13 37 i the owners of other portions of the SUBJECT PROPERTY. Rezoning or an amendment of the Planned Development may be applied for and processed by the CITY without requiring an amendment of this Agreement. 35. "RIGHT TO FARM" LANGUAGE. The OWNERS and/or DEVELOPER of the property acknowledges that Kendall County has a long, rich tradition in agriculture and respects the role that farming continues to play in shaping the economic viability of the county (zoning indicator A-1 or Ag Special Use), normal agricultural practices may result in occasional smells,dust,sights,noise and unique hours of operation that are not typical in other zoning areas. The OWNERS and/or DEVELOPER of the property agree to incorporate the "Right to Farm" language on the Final Plat of Subdivision and incorporate similar language within such other documents governing the subdivision if any property adjacent thereto is used or operated as a farm. 36. RESPONSIBILITIES OF OWNER AND DEVELOPER. The OWNERS shall not be required to perform any of the obligations under this Agreement so long as OWNERS are passive title holders in the SUBJECT PROPERTY and do not act as a developer. Upon the transfer of OWNER's rights, title or interest in the Residential Parcel or any portion thereof to DEVELOPER, the covenants and obligations of OWNERS and DEVELOPER hereunder as to such portion shall be performed by DEVELOPER. Upon the transfer of OWNERS' rights, title and interest in the Commercial Parcel or any portion thereof to the COMMERCIAL DEVELOPER, then the obligations of OWNERS hereunder as to such portion shall be performed by the COMMERCIAL DEVELOPER. Until such time as any portion of the Residential Parcel or the Commercial Parcel is transferred to DEVELOPER or the COMMERCIAL DEVELOPER, the obligations hereunder as to such portion shall not be CHOV 12399245.13 38 required to be performed by DEVELOPER or COMMERCIAL DEVELOPER, as the case may be. The CITY agrees that the OWNERS and DEVELOPER are exculpated from any personal liability or obligation to perform the commitments and obligations set forth herein as to any phase of the SUBJECT PROPERTY for which they do not act as developer and that the CITY will look solely to the party who develops such phase for such performance. 37. OWNER'S CONTINUED OPERATIONS. OWNER shall be permitted to continue the operation of a nursery upon all or any part of the SUBJECT PROPERTY as a nursery each such part is developed pursuant to this Agreement. CITY agrees that during the pendency of any such operations, (i)no municipal sales tax shall be sought or collected by CTTy from OWNER for any sales of nursery stock from or upon the SUBJECT PROPERTY and (ii) OWNER may extend and use a temporary water line from the potable water main to be located within Route 34 for purposes of watering the nursery stock of OWNER, and shall not be charged for water use. 38. GENERAL PROVISIONS. A. Enforcement, This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns, This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the cxa1�390295.13 39 CITY. The obligations of OWNERS hereunder with respect to the Commercial Parcel shall be binding on and inure to the benefit of any COMMERCIAL DEVELOPER of the Commercial Parcel. The foregoing to the contrary notwithstanding, the obligations and duties of OWNERS and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a empty lot or a lot improved with a dwelling unit in the Residential Parcel who acquires the same for residential occupation,unless otherwise expressly agreed in writing by such purchaser. C. All Terms and Conditions Contained Herein. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in cormection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail,return receipt requested, postage prepaid, addressed as follows: (I) If to OWNERS: Richard J.Theidel, Common Owner Hinsdale Nurseries 7200 South Madison Willowbrook, Illinois 60527 Fax: (630)323-0918 CHO l/ 2340295.13 40 with copies to; Jostock&Jostock 20 North Wacker Drive Suite 3 800 Chicago, Illinois 60606 Attention: Eric H. Jostock, Esq. Tele: (312)236-8822 Fax: (312) 782-9890 (II) If to DEVELOPER: Pulte Home Corporation 2250 Point Boulevard Suite 401 Elgin,Illinois 60123 Attention: Brian Brunhofer Tele: (847) 841-3500 Fax: (847)783-0892 with a copy to: Gardner Carton&Douglas 191 North Wacker Drive Suite 3700 Chicago, Illinois 60606 Attention: Charles L. Byrum Tele: (312) 569-1222 Fax: (312) 569-3222 (III) If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, IL 60560 Tele: (630)553-4350 Fax: (630)553-7575 with a copy to: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn: John Wyeth,Esq. Attorney for United City of Yorkville Tele: (630)553-4350 Fax: (630)553-8330 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. 6a95.13- 41 E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sea. 5111-15.1-1, et seq., Illinois Compiled Statutes (2002 ed.). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CI'T'Y and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT PROPERTY. F. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions applying exclusively thereto,without the consent of the owner of other portions of the SUBJECT PROPERTY not effected by such Agreement. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the SUBJECT PROPERTY, whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or assigns, to develop the SUBJECT PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to t90295.33 42 authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I. Term of Agreement. 'fie term of this Agreement shall be twenty(24) years from the date of execution of this Agreement. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation,unless modified by written agreement of the MY and DEVELOPER/OWNERS. J. Captions and ParagMh Headin U. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recordinst. This Agreement shall be recorded in the Office of the Recorder of Deeds,Kendall County, Illinois, at DEVELOPER' s expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counteraarts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any approved phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the final plat of any Phase of the subdivision. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental CHO1 2390295.13 43 Protection Agency, Yorkville-Bristol Sanitary District, or Fox Metro Water Reclamation District or any other governmental agency that preempts the authority of the United City of Yorkville. O. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. P. Legal Challenges. if for any reason and at any time, the annexation of the SUBJECT PROPERTY to the CITY is legally challenged by any person or entity by an action at law or in equity, the CITY shall. (i) cooperate with OWNERS and/or DEVELOPERS in the vigorous defense of such action through all proceedings, including any appeals; and (ii) take such other actions as may then or thereafter be possible pursuant to the Illinois Municipal Code to annex the SUBJECT PROPERTY and/or other properties to the CITY so that the annexation of the SUBJECT PROPERTY to the CITY can be sustained and/or effected. Q. Major and Minor Modifications. Any modification to any approved preliminary or final plats of subdivision and engineering plans,which are deemed to be minor modifications, may be approved by the CITY Administrator (following review and approval by the CITY Engineer) without requiring a public hearing and without formal amendment to the Planned Development approved for the SUBJECT PROPERTY or this AGREEMENT. Modifications necessary to solve engineering, layout and/or design problems shall be deemed to be minor modifications so long as such modifications do not change the essential character of the preliminary or final plats of subdivision or engineering plans or increase the total number of dwelling units allowed on the SUBJECT PROPERTY. Any revisions to a preliminary or final plat of subdivision or engineering plan, which if determined by the CITY to be major modifications, shall require review by the CITY's Planning Commission and approval by the cHa��is �ozgs.i3 44 CITY Council. In no event shall such major modification require an amendment to this AGREEMENT. R. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, the CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or federal regulatory bodies. S. Effectiveness. This Agreement shall be subject to and shall take effect after the consummation of the transaction between OWNERS and DEVELOPER for the sale of any portion of the Residential Parcel by OWNERS to DEVELOPER. {SIGNATURE PAGE TO FOLLOW} CIi01/ 2390295,13 45 IN WITNESS WHEREOF, the parties hereto have set their hams and seals to this Agrecnent as of the day and year first above written. OWNERS: crry: RI 'HARD].THEIDEL LASALLE BANK NATIONAL UNITED CITY OF YORKVHAA ASSOCIATION,AS SUCCESSOR an Illinois municipal corporation TRUSTEE UNDER TRUST AGREEMENT DATED FEBRUARY 15, 1977 AND OWN UST NO.4198 BY By: 4 Title: Mayor Name: h(ATHLFBI5. SHIF1 Its Uu st Officer Title: ty DEVELOPER: PULTE NOME CORPORATION By: � � Name:-7-o' ,.n D Its: VP Z-10,VO c-AZ707Z-e-- And By: Name. Its: V/2!to 46 LASALLE BANKNAT]ONALAssoCIATioN LAND TRUST DEPARTMENT RIDER-GENERAL EXCULPATORY RIDER This instrument is executed by LaSalle Bank National Association, not personally, but solely as Trustee, as aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee. All terms, provisions, stipulations, covenants and conditions to be performed by LaSalle Bank National Association are undertaken by it solely as Trustee, as aforesaid, and not individually and all statements herein are made on information and belief and are to be construed accordingly, and no personal liability shall be asserted or be enforceable against LaSalle Bank National Association by reason of any" of the terms, provisions, stipulations, covenants, indemnifications, warranties and/or statements contained in this instrument. LIST OF EXHIBITS EXHIBIT"A": Legal Descriptions and Plat of Annexation of SUBJECT PROPERTY EXHIBIT"B"; Depiction and Legal Description of Residential Parcel EXHIBIT"BI": Depiction and Legal Description ofR 2 Residential Parcel EXHIBIT"B2": Depiction and regal Description of R-3 Residential Parcel EXHIBIT"C": Depiction and Legal Description of B-3 Commercia[Parcel EXHIBIT"D": Preliminary PUD Plan EXHIBIT"E": List of Variations EXHIBIT"El": Utilities and Public Improvements EXHIBIT"E2":. Off-Site Streets and Improvements EXHIBIT"F": Last of Current City Building Codes EXHIBIT"G": Fee Schedule EXHIBIT"H": School Contribution EXHIBIT "I": Park Contribution EXHIBIT "J": Signage EXHIBIT"K": Form Recapture Agreement EXHIBIT"L': Common Facilities EXHIBIT"M": Perimeter Roads for which Developer has responsibility EXHIBIT"N' Pulte Anti-Monotony Policy CA, 2390293. 47 EXHIBIT"A" LEGAL DESCRIPTIONS AND PLAT OF ANNEXATION OF SUBJECT PROPERTY V ' CH011 12390295.13 48 ;.1K•°"� '"`�' �q;R•.1. VICINTY MAP r rrirrrr�rn,f lu/AA Aflflf A11fA (YORKVILLE IL) -W-M_ t¢ SITE o-�, `.-,; .•,gyp •S•'. xyti 4 ,r. �f f of ilrl •_ N f. y/ o ��S,S L7 1'E` t. # ►o�� vwr y rr r r �� o � �•; 105 go �r�r1 aer w r..e.rr....■r, T `` rY K Tf�{I;s Ia 3111Y /' .a4 hl• Lu!r.IRM a 11.,a_,1811 � • �/��i �I�ol.,lx diary a IL IXIII�, '� T. W�M.RRS lMl11W WIR 1LW.1111 '/ M Sw = i5g.:� AM 91 NEW ME>�.1. vvsxx��rr- "'ri �• ..!� R: rc ��.-=s "rte a �M67— .... _ MEND, LUAL �"�w Iurwn w� � �tvrurn, W" nrr u►►rmim� 79i I.+.w Im n1�w[eWww,l Ra °" w W�!esr ll� � f M14 EXHIBIT"B" DEPICTION AND LEGAL DESCRIPTION OF RESIDENTIAL PARCEL CHOII 1239MS.13 49 , . EXHIBIT S ( � IP : � ~ � % ' a � k � � . � OU OJ04- • �� ' �� '�� , . ._ L6 � � � 71)_ _ �• ` . © EXHIBIT"B-1" DEPICTION AND LEGAL DESCRIPTION OF R-2 RESIDENTIAL PARCEL CH011 12390295.13 50 r r ■ i tifSTu��!L7 OdR"—T-r-��1ifCL7 �r+rS.'iLi�' � - Li•��=::yam©�'iG.ID LTill��.:�[II�771II33 MOTION 11 FJ2.'L-.A 0RI.LA 0[ITL,rjs-A0 0 c� IF momma 0 1 a�1��-� smiIlo W--K.ssr■ tj ror2nra,=■Mm= TT +�i�ll �'• ''�� Orr �r-a�ri�� . „ o 0 • •o .014 a .I. 40.�,�;; '1 IN JA kNv rr, Im rr�ps� ©ice EXHIBIT"B-2" DEPICTION AND LEGAL DESCRIPTION OF R-3 RESIDENTIAL PARCEL CHOI/1 390235. EXHIBIT B2 WUNIX K� lla• •1 a at 4Yr Y• r eac lrtL "am 4Lb1. 1 a' Kr L4 LlIT K 14!•X aft l.f4• 1;.\, ILA !♦'[ flL a' tlaR 1 N• r i 1 Y .......11mul q sa, mw i 14 alal!\,7 1 MS ITL •.�� 1 1•Ir ILa' a ..'. 1L n• •\/• 4 taut•M ILw is aMw\f•1 M.a s` ip YI\ art 4K Ir Y 1 Y•1•10.14 1 aa• i Iry I SO I r m.r .Y�.'i /A• a•tl' Y Iar �/{ 1 a31•N'Ira a \Y 11 �, 1• 46A f lTl•w• .i lI•Ir m R '► v m If i Mall" op ! , LEGAL DF.SCRTPT[ON' 11 n 1 a o� w f � \1• a e 6ylrpy!1 Y�j�'--"�`t�fpu'SM6 �^�tlYy�l��{ fl1i�lLI L Z 3 4l oitl�411aF\1•f4 n,yifi.It1tp . S�r pofts w am muir u wl r 14T I r 1 \w..w...rw.r �lMtj• a fern 4 � f.l�a w..,w„li�1r a.w, 11{�it.IW EXMIT"C" DEPICTION AND LEGAL DESCRIPTION OF B-3 COMMERCIAL PARCEL CH011 12390295.13 52 EXHIBIT C w . .r.aR , , , � •wr or etvwc . , 65.00, '42"£ � 56 5.OQ s27•J2'48T 238.32' TAW lop e►6 �� r LISGALlRE9CRI R710X w r C r }I�q, 71 �_ a 1111118111 r+, nni� �, . "i111 w�'i ,11{q BMW C EXHIBIT"D" PRELIMINARY PUD PLAN Ull' CH41/12390295.13 53 PRELBHNARY P.U.D► PLAT & PLAN AUTUMN CREEK SUBDIVISION A PLANNED (WHIT DEVELOPMENT (PROPOSED ZONING — R-2 AND R—S P.U.D. A.ND B-9) ��r eras��i°'�,°��'r� r•r +,�t��rr 'rw'�'A'r"�_�°�.. 'n"' —.r._`_' rtiarar�'r�s`�r rrr �g w r r rmrw=rr"�a�,'r.�.'r rglFY�nF 1•Rwm rs airi�E ir�"W �� ' 'WE . v r°��t wr '.r=.'rr�ri"a<rw".re'90 vSiTi'�'®'� , r.Lr'i's:Y. �."".r3L aF„.rreirw� a.rr�err.ivrlM rr ar�rale�ariirv.r , Ww r air .rw..F t:, •., riw me Wrralrr�s�w a.�lrrtrirwY �` � Jr,.yp Y l r � PLAT PREPARED FOR: PuLT4 OM! CORPORATION 22100 POINT BOULEVARD,SUITE 401, QLOIN, ILLINOIS 80123 t+vamo PROJECT CONTACT: MR. MATTHILW CUDNay PHONZ: (847) 941-3893 :w r'�"�•r FAX. 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WIW 11YC ��YJ�O � �•'• 1•rL !Ir GI / l- t !s '*T Y�M•lV . l wMr}lf�=w..r�r'�� aAa ..I�r • i � � � � C 1 �.WR • Q ■ M-W.KIr. wlV� r1�w yr#�� • j"ir IN mvt oral r^'■'� -- w�. rw'rd' -- ras.r ��, A✓177T4r PRELIMINARY EN4INEERIN4 PLAN Y ^��a1•ur PIILTE NOME cORPORATIoN W Ral®rlm r1.r saeo m LRlllolT'ES' AuruMrcRESxaueorvlElch A PLANNEO VN1T DRVELOPMENT —r— �. rK A°i�v a�+rm amarr YORKVILLE.ILL1NOla ® �• °�• �� l�V'•.r �i}�eY,:��+!',�, ————— amnlr alno mr tl=�rowwTr . y.m ra Vll r Y 7� 1+. r w..I..roarr lllr}uc x>1 OW I-10i lar alo ff-� .raRWW_Q00N.ftUAXM INC. Vr fro" tui- a•m m mm "m F &I 14 LM L N..MW (rppj Wranw W M W. a all �.w W.0 ff F Armv= �we� jr Z.-m. — . N WEEK 49mmLallom PrA pogR &maw, 9321= MIMI'" PRELaMINARY KNUINKIEXP140 PLAN jaluzy P4LT19 HOME COPIP401ATiom A PAppq,ClqglKB DOWISION D UN T DWVgLoFmAKT YORKVILLE.iL.UNols rw 1Q1 E!-•S!no sldrm malNummG CONSULT►N".INC. &LLMEAi&r AMEIGICAUXAM 'NA r lk ego L A q 11 F U=z IM y jrm IJ LOT a Z" Md S" mb Am h.6 LOT i AREA AU r Wad W74 muisr" a3_ , eA101 n--a"l A"4 f 1O F0 SEAL* lam= m "Now PRELIMINARY SH4PINKICRINd PLAN LnIffY AMIM, ULTE HOME r-ORPORATION C=p 190 J1xHlw0.lT*El, AUTUMN GRIC K SUBDIVISLON A PLANNED UNIT DEVELOPMENT ..w YORKVILLE.ILLINOIS foss w maw erwt� .m 1"rm waffff I•X 4I "m-adm r EXHIBIT"E" LIST'OF VARIATIONS A. COMMERCIAL PARCEL PARAMETERS AND VARIATIONS 1. Lot Coverage. No more than sixty percent(60%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. 2. Maximum Building Height. No building or structure shall be erected or altered to exceed a maximum of fifty feet(50')or four(4)stories in excess of fifty feet(50'). B. RESIDENTIAL PARCEL PARAMETERS AND VARIATIONS 1. Lot sizes in the R-2 District may be less than the 12,610 square feet minimum,but shall be at least 10,000 square feet. 2. Lot widths in the R-2 District may be less than the 80 feet minimum, but shall be at least 70 feet. 3. Paths may be installed closer than 15 feet from the property line, but not closer than 5 feet. Choi 12390295.13 54 EXIUBIT"E-1" UTILITIES AND PUBLIC IMPROVEMENTS ' Vv CHO11 2390295.13 55 EXHIBIT"E-2" OFF-SITE STREETS AND IMPROVEMENTS CH0U 12390295.13 5 zmrm Lamp um.ime. N PREP 1911 N A HY FN Ot N EERI NG PLAN 8 PREPARED FOR- AUTUMN CREEK SUBDIVISION A PLANNED UNIT DEVELOPMENT Vnit ed OR y of Yor kvit I e, 111 inois Br Township Kendal I SWIM Seat Ion 15 &Sect ion 22, Township P.U.D.37 County North, Range 7 East Pr oposed Zoning-n-2 &R-3 &B-3 P ns Pre ad f o I a F: Purl"nou""o'por at ion 2250 ftint Soul evar d Solt a 401, F j 60S n,it I nols 80123 "rz Pr 21 ect Cant act M,,Ij w 4 8W.SY g 3 WX Fax:(047) 63-0875 L\ Fwa-aw Azw4vr awto UPMZW SWAMW CVWX mumv or RE WYM cm or"miaw A im iiw war"mdsNr M ar affrAw"or Yw UW=CITY OF 111911ALLE T ova sir AM CDWVZW LOWIM Or'OK ON wr WIN Arybomw Wz Air—"3rAmff-"w A131,1wr imam 7rx W2 A UMAN N(TENOWN V2916 li PLILTEMMMOMIGRATIGhl KEM T T2' M"WITIT mR.-Z-W-T1 ut Imim I MAW = 'A 16— W. —Qk�sal+ - EXHIBIT"F" LIST OF CURRENT CITY BUILDING CODES 2000 International Building Code(Ord. 2003-01)with three amendments: i. Stair height and risers(Ord. 2003-08) ii. Energy Code(Ord. 2003-05) iii. Sprinklers on two or more attached residential units (Ord. 2003-008) Cql, 902 45.13 57 EXHIBIT"G" FEE SCHEDULE CHOU 1 90295.13 58 EXHIBIT"I" PARK CONTRIBUTION i. Developer shall contribute the following to the Park Department, pursuant to the City's Land/Cash Ordinance: 6.94 acres consisting of those certain parcels referred to on the Preliminary PUD Plan as the Park Sites (the "Land Contribution") and eight hundred ten thousand nine hundred ninety-nine Dollars($814,999)(the"Cash Contribution"). 2. Developer shall construct certain park improvements within the Park Sites on the Subject Property, including the installation of playground equipment and park improvements, subject to the design criteria set forth in writing by the Park Department and provided.-to Developer no later than April 30, 2406. The sum of Three Hundred Thousand Dollars ($300,400.00) (the "Improvement Funds' of the Cash Contribution shall be withheld by Developer, for purposes of funding the construction of such improvements. Upon completion of the park improvements: (a) if the actual cost thereof has exceeded the amount of the Improvement Funds,the [City/Park Department] shall credit Developer for the difference at such time as Developer applies for building permits for the construction of residential dwelling units on Subject Property; or (b) if the actual cost thereof was less than the amount of the Improvement Funds, Developer shall pay the balance to the Park Department upon the Park Department's acceptance of the improvements. 3. The improvements described in Section 2 above shall be completed within eighteen (18) months from the date of approval of the annexation of the Subject Property by the City,subject to adverse weather conditions. CHOI/i 90295.13 60 EXHIBIT"J" SIGNAGE On-Site Signs shall include the following: 6 Community ID Signs 20 x 10 ft. illuminated Double-faced 6 Directional Signs 6x4ft. Double-faces or A-Frame type(5 x 3) And 2 sets of the following(one each for'single-family and multi-family): I Information Center Sign 3x4ft. Double-faced 9"x 16"DF Hours Panel 1 Guest Parking Sign 3x4ft. Double-faced 10 USP Signs 2x2ft. Double-faced *Always include Puulte Mortgage and Pulte Warranty Info I Model ID Sign per Model T'x24" Double-faced 3 Flag Poles Illinois Flag US Flag Putlte Flag 8 Open Flags 1 Awning Off-site signs within United City of Yorkville are subject to City approval. Monument signs are subject to City approval. The attached renderings are illustrative of size and information. Specific design details may change and are subject to approval. CHO1/12 295.13 61 4 1 front front back back 7" x 24" Model double faced 2ft 3x4ft double faced 3x4ft double faced ID Sign 2x USP signs Information Center Sign Information Center Sign Turn New flonle communi New Home Comm Here ftolli I lie $0005 - �° qn� � ilwre�in�al Cyr i 6x4ft double-faced A-Frame 6x4ft double-faced Directional Sign 20xl.Oft double-faced Community ID sign EXHIBIT `K" FORM RECAPTURE AGREEMENT CHOI/1 90295.13 62 EXHIBIT K RECAPTURE AGREEMENT THIS RECAPTURE AGREEMENT ("Agreement'') is made and entered as of the day of 12005,by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation ("City'l and PULTE HOME CORPORATION, a Michigan corporation ("Developer"). RECITALS: A. Developer is the owner and developer of that certain real estate development located within the corporate limits of the City and commonly known as Autumn Creek Subdivision("Subdivision"). B. Developer and the City have heretofore entered into that certain Armexation Agreement dated _ _ " 2005 ("Annexation Agreement") pertaining to the annexation and development of the Subdivision within the City. C. Developer desires to recapture and allocable share of the costs of constructing certain of the public improvements for the Subdivision("Recapture Items' which will provide benefit to other properties("Benefited Properties'), from the owners of the Benefited Properties ("Benefited Owners"}, D. Developer and the City are desirous of entering into this Agreement to provide for the fair and allocable recapture by Developer of the proportionate costs of the Recapture Items from the Benefited Owners,subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE,in consideration of the foregoing recitals and the mutual covenants hereinafter set forth, and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged by the parties hereto,the parties hereby agree as follows: 1. RECAPTURE ITEMS. The Recapture Items, being elements of the public improvements to be constructed as a part of the development of the Subdivision, are identified in Attachment "A" attached hereto ("Recapture Schedule"). The Recapture Schedule identifies each Recapture Item and the estimated cost to construct each Recapture Item ("Estimated Cost"). Developer shall cause each of the Recapture Items to be constructed in compliance with the provisions of the Annexation Agreement and to be accepted and conveyed to the City in accordance with applicable ordinances of the City. 2. BENEFITED PROPERTIES. The Benefited Properties are legally described in the Recapture Schedule attached hereto as Attachment "B". Each parcel of real estate contained within the Benefited Properties is referred to herein individually as a "Benefited Parcel". There are a total of —_) Benefited Parcels as identified in the Recapture Schedule. lJ� CHUM 4227p9.1 3. RECAPTURE COSTS. The Recapture Item(s) which the Corporate Authorities of the City have determined will benefit a Benefited Parcel and the prorata share of the Estimated Cost of each such Recapture Item to be allocated to such Benefited Parcel are set forth in the Recapture Schedule. The aggregate amount of the proportionate share of the Estimated Cost for each of the Recapture Items allocable to a Benefited Parcel is referred to herein as the "Recaptured Costs". The Recapture Costs for each of the Benefited Parcels shall be as identified in the Recapture Schedule. Interest shall accrue on the Recapture Costs for the benefit of Developer at the rate of percent (`%) per annum from the date the Recapture Item is completed by Developer until the Recapture Cost is paid. All references to Recapture Costs herein shall include accrued interest owned thereon. 4. COLLECTION OF RECAPTURE COSTS. The City shall assess against and collect from the Benefited Owner of a Benefited Parcel, or any portion thereof, successors and assigns, the Recapture Cost, calculated.under Paragraph 3 of this Agreement for such Benefited Parcel. At such time as a Benefited Owner, or its agent or representative, annexes and/or subdivides a Benefited Parcel, or any portion thereof, or subdivides the Benefited Parcel from a larger parcel of land,or applies to the City for issuance of a permit for connection to all or any of the Recapture Item by the City until such Benefited Parcel has fully paid the applicable Recapture Costs, owed by such Benefited Parcel under this Agreement. S. PAYMENT OF RECAPTURE COSTS. Any Recapture Costs, collected by the City pursuant to this Agreement shall be paid to Developer, or such other person or entity as Developer may direct by written notice to the City, within thirty (30) days following collection thereof by the City. It is understood and agreed that the City's obligation to reimburse Developer shall be limited to fimds collected from the Benefited Owners as provided herein, and payments made hereunder shall be made solely out of said funds. This Agreement shall not be construed as creating any obligation upon the City to make payments from its general corporate fluids or revenue. 6. CITY'S OBLIGATION. The City and its officers, employees and agents shall make all reasonable efforts to make the aforesaid collections of the Recapture Costs, for each Benefited Parcel. Neither the City nor any of its officials shall be liable in any manner for the failure to make such collections, and Developer agrees to hold the City, its officers, employees and agents, harmless from the failure to collect said fees. In any event, however, Developer and/or the City may sue any Benefited Owner owing any Recapture Costs, hereunder for collection thereof, and in the event Developer initiates a collection lawsuit, the City agrees to cooperate in Developer's collection attempts hereunder by allowing hill and free access to the City's books and records pertaining to the subdivision and/or development of the Benefited Parcel and the collection of any Recapture Costs therefore. In the event the City and any of its agents, officers or employees is made a party defendant in any litigation rising out of or resulting from this Agreement, Developer shall defend such litigation, including the interest of the City, and shall further release and hold the City harmless from any judgment entered against Developer and/or the City and shall further indemnify the City from any loss resulting therefrom, except to the extent such loss results from the grossly negligent or willfully wrongful act or conduct of the City or any of its agents, officers or employees. ' 2 7. CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in this Agreement shall limit or in any way affect the rights of the City to collect other fees and charges pursuant to City ordinances, resolutions, motions and policies. The Recapture Costs provided for herein for each Benefited Parcel is in addition to such other City fees and charges. 8. TERM. This Agreement shall remain in full force and effect for a period of twenty (20) years from the date hereof, unless sooner terminated by the mutual agreement of the parties hereto or by the completion of all duties to be performed hereunder. In the event no portion of a Benefited Parcel is a part of a subdivision approved or recognized by the City and no connection permit as aforesaid is issued by the City of such Benefit Parcel within ten years following the date of this Agreement, this Agreement, and each and every duty and undertaking set forth herein pertaining to such Benefited Parcel, shall become null and void and of no further force and effect as to such Benefited Parcel. 9. LIEN. The recordation of this Agreement against the Benefited Properties shall create and constitute a lien against each Benefited Parcel, and each subdivided lot hereafter contained therein, in the amount of the Recapture Costs, plus interest, applicable hereunder to such Benefited Parcel. 10. MISCELLANEOUS PROVISIONS. (a) Agreement: This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements and without the consent of any other person or corporation owning all or any portion of the Benefited Properties. (b) Binding Effect: Except as otherwise herein provided, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Developer and any successor municipal corporation of the City. (c) Enforcement: Each party to this Agreement, and their respective successors and assigns, may either in law or in equity, by suit, action,'mandamus,. or other proceeding in force and compel performance of this Agreement. (d) Recordation: A true and correct copy of this Agreement shall be recorded, at Developer's expense, with the Kendall County Recorder's office. This Agreement shall constitute a covenant running with the land and shall be binding upon the Benefited Properties in accordance with the terms and provisions set forth herein. (e) Notices: Any notice required or desired to be given under this Agreement, unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery, on the date of confirmed telefacsimile transmission provided a hard copy of such notice is deposited in the U.S, mail addressed to the recipient within twenty-four hours following the telefacsimile transmission, or on the date when deposited in the U.S. Mail, 3 CHO11 1 422709.1 registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: If to CITY: United City of Yorkville 800 Game Farm Road Yorkville, IL 60540 Attn: City Clerk Tele: (630)553-4350 Fax: (630) 553-8330 With a copy to: United City of Yorkville 800 Game Farm Road Yorkville,IL 60540 Attn: John Wyeth,Esq. Attorney for United City of Yorkville Tele: (630) 553-4350 Fax: (630)553-8330 If to DEVELOPER: Pulte Home Corporation 2250 Point Boulevard Suite 401 Elgin, IL 60123 Attn: Brian M. Brnnhofer Tele: (847) 841-3500 Fax.: (847) 783-0875 with copy to: Gardner Carton &Douglas LLP 191 North Wacker Drive Suite 370 Chicago,IL 60606-1698 Attn: Charles L. Byrum Tele: (312) 569-1222 - Fax: (312) 569-3222 (f) Seyerability: The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefited Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. (g) Complete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto an no other prior agreement, excepting the Annexation Agreement, regarding the subject matter of this Agreement shall be deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. 4 CHOI,1 422704.1 (h) Captions and ParaPrat�h Headings: Captions and paragraph headings incorporated herein are for the convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof. (i) Recitals and Exhibits: The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof (j} Enforceabili This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. {SIGNATURE PAGE TO FOLLOW) S CHOJI 1 4227O9.i IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the date first above written. DEVELOPER: PULTE HOME CORPORATION, a Michigan corporation By: Its: And By: Its: CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: Its: Mayor ATTEST: By: Its: v-- b CHO U 124 2709.1 E FT"L" COMMON FACrLrr[E q12 CHO95,13 63 r ii . . r r : i 1 1 r l [ r ri�rAiith7► 5— }: ,.ti`ti�•:� , 714. C� d, ,aa°a� Q'�o�'�,;o?o °000� .ya��o? �� .�a ��; rr�.D` �e�►°° Ash ILX n�a EXMBIT"M" PERIMETER ROADS FOR WHICH DEVELOPER HAS RESPONSIBILITY eliola 23W293.13 64 PRELIMINARY ENGN}EERI Nf3 PLANS AUTUMN CREEK SUBDIVISION A PLANNED UNIT DEVELOPMENT / United Clty of Yorkvil I a II E Inois �= Wr / r Bristol Township, Kendall County SW 1/4 Section 16&Section 22,Township 37 North Range 7 East Proposed Zoning-R-2 &R-3 P.0-D. &B-5 PI ans Pre ar ad f or: Pu r at r n 2250 Point Houl evard,Suite 401, El gin,III inois SQ123 \ Pro ecl Contact: aaK r. a ner RCR / Rhone: (847)8 583 Fax:(847) 783.0875 /0 ' mMMCaou•gym t Ralt �. ,4 i reap[ .ft/ (al1�R1rmum ewis f Aar uru�arrroar 1101'TO 9GL! ,ialiii LLF IN TY r L 1- ww EXHIBIT"N" PULTE ANTI-MONOTONY POLICY i 65 CHOI/1 390295.33 VI MONOTONY CODE RESTRICTIONS 1. Single Family Detached Communities a, The following criteria apply to homes on straight or curved streets,cul-de-sacs and comer lots. 1. No house shall have the same confi ration that is within two (2)houses on either side or on any 5 houses directly across the street from the subject house(51% or more in lot width will be considered to be across the street). Additionally,the house directly behind a comer house is included in these criteria. 2. No house shall have the same color'nackage,that is within two (2)houses on either side or on any 5 houses directly across the street from the subject house(51%or mote in lot width will be considered to be across the street). Additionally,the house directly behind a comer house is included in these criteria. 3. No mch s le(single story)house shall be within two(2)houses on either side or on any house directly across the street from the five(5)subject houses(51% or more in lot width will be considered to be across the street). Additionally,the house directly behind a comer house is included in these criteria. NOTE.NO HOUSE SHALL HAVE THE SAME SIDING OR BRICK COLOR ADJECENT TO ONE ANOTHER II. Single Fancily Attached or Multi Family Communitles a. Prior to sales,the Division President will predetermine the criteria. III.Definitions a. Configuration—a combination of product type, elevation,exterior fenestration (Siding,Brick 1, Brick II),and color package. b. C or.J!Lckaee—a combination of siding,brick, trim/gutter,accent, and roof colors incorporated into the exterior color fenestration of a single house. PLEASE SEE THE FOLLOWING PAGES FOR EXAMPLES OF EACH CASE, VILLAGE MONOTONY CODE CRITERIA WILL ALWAYS SUPERSEDE THESE INTERNAL CODES W` =SubJect House ,1 -Restricted Configuration =Restricted Siding&Brick LF I E MONOTONY CODE =Subject House •'' Restricted Configuration =Restricted Siding&Brick Color MONOTONY CODE =Subject House r -Restricted Configuration =Restricted Siding&Brick Color �}�- MONOTONY CODE CIP Reviewed By: Agenda Item Number ? x; O J -0 Legal ❑ �7 _ [C .,.,°�,� �f.� 1836 Finance ❑ ` Engineer ❑ Tracking Number 0� jr� CO City Administrator ■ Consultant ❑ PC 2010-06 Agenda Item Summary Memo Title: Bristol Bay Amendment to PUD Agreement Meeting and Date: CC/June 8, 2010 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: 4/06/2010 Action Taken: Standard Redevelopment Inc- Rezoning Item Number: PC 2010-02 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Krysti J. Barksdale-Noble Community Development Director Name Department Agenda Item Notes: See attached staff report and attachments. 5118/2010 AMENDMENT TO THE ANNEXATION AGREEMENT DATED APRIL 26, 2005, PERTAINING TO THE BRISTOL BAY SUBDIVISION This Amendment (the "2010 Amendment") to the Annexation Agreement dated April 26, 2005 (the "2005 Annexation Agreement"), pertaining to the Bristol Bay Subdivision is entered into this_, day of , 2010, by and between the United City of Yorkville, Kendall County, Illinois, a municipal corporation and Centex Homes, a Nevada General Partnership. PREAMBLES WHEREAS, on April 26,2005, the United City of Yorkville (the "City''), entered into an Annexation Agreement as to a Portion of the Property, Amended and Restated Annexation Agreement as to a Portion of the Property and Planned Unit Development Agreement (the "Annexation Agreement") with MSRET LLC, a Delaware limited liability company, LaSalle Bank National Association under Trust Agreement dated April 1, 2005, known as Trust No. 133367, LaSalle Bank National Association under Trust Agreement dated April 1, 2005, known as Trust No. 133368 and LaSalle Bank National Association under Trust Agreement dated April 1, 2005, known as Trust No. 133370; Lay-Com, Inc., an Illinois corporation; JR Yorkville L.L.C., an Illinois limited liability company and NR Yorkville, L.L.C., an Illinois limited liability company, as tenants in common; and, John Rosenwinkel and Susan Rosenwinkel, individually, and as co-trustees of EMR Trust No. 100 dated December 10, 2002 (hereinafter collectively referred to as "Olvners") and Centex Homes, a Nevada general partnership (hereinafter referred to as "Developer"); and, WHEREAS, the Annexation Agreement addressed approximately 631 acres of property (the "Subject Property"), and set forth all of the terms and conditions regarding the development of the Subject Property with single-family detached residences; townhomes, two-family and multi-family residences; a 2.3 acre agricultural area; and, a commercial district all as depicted on 133300:011:005446,46.DOC:3 ; the Preliminary Plat attached to said Annexation Agreement and designated as the "Bristol Bay Subdivision"; and, WHEREAS, since April 26, 2005, a portion of the Subject Property has been developed with single-family detached, single-family attached, and multi-family residences, however, the majority of the acreage remain undeveloped; and, WHEREAS, the current owners of the vacant undeveloped parcels of the Subject Property are John Rosenwinkel and Susan Rosenwinkel, individually, and as Co-Trustees of EMR Trust No. 100, dated December 10, 2002 ("Rosemhinkef'); Standard Development, Inc., an Illinois corporation ("Standard Bank"); Lay-Com, Inc., an Illinois corporation ("Lay-Com"); and, Centex Homes, a Nevada general partnership ("Centex") (collectively, the"New Owners"); and, WHEREAS, in order to proceed with the development of those portions of the Subject Property which contain land or improvements that are owned by Centex, all of which are described on Exhibit "A" attached herein (the "Centex Property''), several amendments of certain provisions of the Annexation Agreement as hereinafter set forth in this Agreement (the "2010 Amendment") are necessary to reflect the significant changes in the residential real estate market and to permit the development to proceed thereby benefitting all of the residents of Bristol Bay Subdivision as well as the residents of the City; and, WHEREAS, Section 33 of the Annexation Agreement at paragraph BB provides: "BB. Amendment. This Agreement may be amended only by the mutual consent of the Parties, by adoption of an ordinance by the City approving said amendment as provided by law, and by the execution of said amendment by the parties or their successors in interest. The Parties acknowledge that certain future amendments may affect only a portion of the Property. In such event this Agreement may be amended by written agreement between the City and the legal owner of fee title to that ortion of the Subject Property which is sub'ect to and affected by such amendment as provided by law rovided that such amendment if not executed by the then owner of other portions of the Subject Property, shall in no manner alter, amend or modify any of the ri hts duties or obligations as set {33300:0l I:00544646.DOC:3 forth in this Agreement as they nertain to such other portions of the Subject Pro e ." [Emphasis added.] WHEREAS, the parties wish to enter into this Amendment in order to change and modify certain rights and obligations of Centex under the Annexation Agreement and to agree to certain terms and conditions relating to the future use of the Centex Property. WHEREAS, the public hearing, as required pursuant to Section 11-15.1-3 of the Illinois Municipal Code, was held on May 25, 2010, before the Mayor and City Council of the City (the "Coihorate Authorities") after publication thereof not more than 30 nor less than 15 days prior to May 25, 2010, in a newspaper of general circulation in the City; and, WHEREAS, the portions of the Annexation Agreement to be amended, as hereinafter set forth, pertain solely to that Centex Property, being that portion of the Subject Property which is owned by Centex and which is legally described on Exhibit A, and therefore pursuant to Section 33,paragraph BB, Centex has entered into this 2010 Agreement with the City. NOW, THEREFORE, in consideration of the foregoing preambles and the mutual covenants hereinafter set forth, the receipt and sufficiency of such consideration being hereby acknowledged, Centex and the City agree as follows: 1. The foregoing preambles are hereby adopted as if fully restated herein. 2. Amendment Regarding Reimbursable Costs Due Center. a. Pursuant to the Annexation Agreement, the City agreed to continue the construction of the Rob Roy Interceptor Sewer and to complete a portion of said Rob Roy Interceptor Sewer as deemed necessary to serve the Bristol Bay Subdivision ("Bristol Bay Portion of'the Interceptor") and to obtain interim financing for the costs thereof on or before September 1, 2005, and to complete construction of said Bristol Bay Portion of the Interceptor on or 133300:011:00544646,bOC 3 before February 1, 2006. The Annexation Agreement further provided that in the event the City was unable to proceed, Centex would finance and construct the Bristol Bay Portion of the Interceptor and receive reimbursement for the costs incurred by Centex by means of a set-off against any and all fees due to the City in connection with the development of the Subject Property until Centex' costs, including a seven and one-half percent management fee, together with interest on the amount expended by Centex at the Prime Rate of Interest plus two percent was paid in full. In addition, Centex was to receive by means of recapture from any parcel of a third party user benefitted by the Bristol Bay Portion of the Interceptor, a recovery of the costs attributable to such benefitted parcels. The Annexation Agreement provided that any of the costs incurred by Centex in connection with the construction of the Bristol Bay Portion of the Interceptor remaining unpaid on January 31, 2014, would be due and payable by the City on demand. b. The City was unable to proceed with the construction of the Bristol Bay Portion of the Interceptor as agreed and pursuant to the Annexation Agreement Centex constructed and completed this improvement. c. As required by the foregoing provisions of the Annexation Agreement explained in (a) above, the City approved, but did not execute, a Recapture Agreement in March 27, 2007, providing that the total costs incurred by Centex in connection with the construction of the Bristol Bay Portion of the Interceptor was $2,380,293.40 of which the City paid (through the issuance of general obligation bonds) $987,408.40 and Centex received $459,821.96 133300:011:00544646.DOC:3 ; as a set-off against future fees due to the Yorkville Bristol Sanitary District leaving a balance due and owing to Centex of$933,063.04. d. As a part of the Rob Roy Interceptor Term Sheet Agreement, Centex was required to prepay 300 sewer tap-on fees each year until 2012 in order to assist the City to pay the debt service on its general obligation bonds to fund the Rob Roy Interceptor which results in a total of prepayment of$1,154,000 which shall not benefit Centex unless and until that portion of the Subject Property south of Galena Road is developed with 498 new residences; an unlikely event in the foreseeable future. e. At the request of the City, Centex further advanced $325,000 for that portion of the costs incurred by Centex in connection with the engineering and construction of a part of the Raymond Regional Stormwater Management Facility which also benefitted parcels of property not to be developed by Centex. £ The right of Centex to receive a total of payments for the expenses listed above is $2,412,063 to which interest as provided should be added, all of which (including any interest thereon) is to be recovered from the owners any of the Subject Property located South of Galena Road shall be assigned by Centex to the City and shall be accepted by the City whether the claim is enforceable against the City or any other owner of the Subject Property; provided, however, that if the existing suit brought by Lay-Com, Inc. ("Lay- Corn") as Case No. 07LO81 against Centex and the City is settled prior to the time a judgment is entered by the Court thereon, Centex shall waive its rights '33300:011:00544646.DOC:3 ; to receive such payments from any or all of the Subject Property South of Galena Road, in which event, there shall be no assignment to the City. g. Notwithstanding any provision of this 2010 Amendment, Centex agrees to continue to pay no less than 150 sewer tap on fees every six months for a total of 300 annually through and including the calendar year 2012. 3. Park Land-Cash Fees. Centex has paid the $50,000 parks-land cash fees due under the agreement for lot I681 (near clubhouse) and lot 1695 (regional park). The $50,000 parks-land cash fee for lot 1685 (fire station) will be due prior to recording of final plat for Unit 13 as contemplated in the original amended annexation agreement. Two $50,000 parks-land cash fees will remain for the two parks contemplated south of Galena Road and will be due prior to the recording of this Amendment. 4. Agreement on Intersection Improvements. Pursuant to the approved Final Plat, for the Bristol Bay Subdivision, and the regulations and policies of the Illinois Department of Transportation, Centex agreed to construct intersection improvements as approved by the City Engineer and in accordance with the intersection design studies at the intersection of Galena Road, the intersection of Bristol Bay Drive and at Route 30, which obligations are hereby waived by the City and any obligations to IDOT or any other agency to construct such improvements are hereby assumed by the City, including utility relocation, right of way or easement acquisition (except for right of way or easement over land owned by Centex, which shall be conveyed or easements granted by Centex when needed) and permitting, as the City shall undertake such intersection {33300.01 1:00544646.DOC:3 ; improvements as a part of the City's extensive roadway construction project to widen Route 47 when and as under taken by the City. Centex hereby assigns to the city at no cost to the City, all plans and engineering for such improvements which have heretofore been prepared for Centex and have been paid for by Centex. City shall complete the improvement of the intersection of Route 47 and Bristol Bay Drive when the City undertakes the widening of Route 47. 5. Agreement Regarding Post of Certain Letters of Credit. Pursuant to Paragraph 21(c) of the Annexation Agreement, Centex requires the City to issue a temporary occupancy permit when weather conditions do not permit outside painting, landscaping, sidewalks, final surfacing of driveways or final grading for individual homes. City agrees not to collect or seek any payments nor other security from Centex for the completion of such items on the condition that Centex delivers to the City a cash bond in the amount of$25,000 as security for each plat of subdivision, with said cash bond to remain in place until the final certificate of occupancy for each unit included in such plat of subdivision, is issued. At such time as the cash bond for a plat is delivered by Centex, existing cash bonds and/or letters of credit previously delivered by Centex for any uncompleted items shall be returned to Centex. 6. Agreement to Consider Replacement of Condominiums with Townhomes or Single-Family Detached Homes. a. Centex desires to have the ability to replace any or all of the remaining condominium units with townhomes or single-family detached homes. b. The City agrees to and act in good faith and act in a reasonable manner upon any submitted preliminary plan for the replacement of condominium 133300:011:00544646,DOC 3 i buildings with townhomes and/or single-family detached homes under the normal plan review process in accordance with the developer's request in paragraph "a" above. Nothing contained within this paragraph shall be construed as an approval of a land-use plan or related documents. All land- use plan amendments shall be considered an amendment to the annexation agreement and shall be processed as such. 7. Extension of Building Coda Requirements. a. Pursuant to Paragraph 14 of the Annexation Agreement, the building and related codes in effect as of the date of said Annexation Agreement were to be applied for a period of eight (8) years or until April 25,2013, b. Paragraph 14 of the Annexation Agreement is hereby amended by extending the building and related codes in affect as of the date of said Annexation Agreement for an additional five (5) years or until April 25,2018. c. By extending the building and related codes hereunder, the City agrees that no requirements for sprinklers or fire suppression devices shall be applied to the single family homes constructed on the Centex Property during such period. 8. Confirmation of all Ter7ns of the Annexation Agreement Consistent with this Amendment. a. The parties hereby agree that all rights of Developer under the Recapture Agreement between the parties hereto and approved by the City Council March 27, 2007, as to any of the Subject Property located south of Galena Road shall be assigned by Developer to the City and shall be accepted by the City provided, however, if the existing suit brought by Lay-Corn, Case No. ;33300:011:00544646.DOC:3 1 07LO81 against Centex and the City is settled prior to the time a judgment is entered by the Court thereon, Centex shall waive its rights to receive such payments from any or all of the Subject Property south of Galena Road, there shall be no such assignment is hereby declared null and void. b. The parties hereto agree that all terms as hereinabove stated are not inconsistent with the terms of the Annexation Agreement. IN WITNESS WHEREOF, the parties hereto have caused this 2010 Amendment to the Annexation Agreement dated April 26, 2005, pertaining to the Bristol Bay Subdivision 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 Centex Homes, a Nevada General Partnership BY: President Attest: Secretary 33300:011:04544646 DOC:3 •��° 01), Memorandum o -�" '4 To: City Council ESr. 1836 From: Krysti J. Barksdale-Noble, Community Development Director -� CC: Bart Olson, City Administrator F. Joe Wywrot, City Engineer Date: June 8, 2010 Subject: Bristol Bay Amendment to PUD Agreement Attached is staffs memorandum enumerating the requested amendments to the existing approved annexation agreement for the Bristol Bay subdivision. The following is a summary of the requested amendments and revised staff recommendations: 1. Relinquishment of Recapture Pa ents Due to Developer/Intersection Improvements The petitioner, Centex, is willing to waive that the approximately$2.4 million dollars plus interest owed to them by the City on the condition that the City to undertakes the obligation of constructing the improvements at the intersection of Galena Road, the intersection of Bristol Bay Drive and at Route 30. 2. Park Land Cash Fees The petitioner is requesting to pay the required $50,000 land cash fee for the two (2) parks which were to be located south of Galena but not donate the required approximately 150-acre park land. 3. Security Reduction for Certificates of Occu anc The petitioner is requesting to post a $25,000 cash bond as security for certificates of occupancy for each plat of subdivision rather than provide the required LOC for weather related items. Staff has revised our recommendation to support the $25,000 cash bond as security with the requirement that if at any time the cash bond is reduced to less than $25,000, Centex will be required to replenish the bond in full or no further building permits will be issued. Also, if any person/entity other than Centex submits for building permit within the Bristol Bay subdivision the standard Letter of Credit for weather related items will be required. 4. Consideration of Townhomes or Single Family Detached Homes The petitioner is seeking the City's consideration of twnhomes of single-family detached homes in place of any and all remaining condominium units within the development. 5. Buildina Codes & Fee Locks The petitioner is seeking an additional five (5) year extension of the building and related code lock through April 25, 2018 with specific relief from the requirement for sprinklers or fire suppression devices in the single family homes constructed during this time. The petitioner is also seeking fee lock extension for an additional five (5) years. The petitioner has stated thee, care currently building to the 2006 International Residential Code (IRC) requirements and are willing to lock into this code standard for the next fwe (5) years with specific relief from proWding fire sprinklers in the single fancily hontes. Attached is the draft ordinance for your review, and any additional materials, if requested by the City Council, will be provided at the June 22"d meeting. •�ti° �'''r Memorandum e To: EDC EST. 1 _ 1836 From: Krysti J. Barksdale-Noble, Community Development Director -� � CC: Bart Olson, City Administrator f� ry Joe Wywrot, City Engineer 09 Date: May 28, 2010 Subject: Bristol Bay Amendment to PUD Agreement Petitioner Request/Background: Centex Homes ("Petitioner'), is seeking several amendments to the original annexation agreement and planned development agreement for the Bristol Bay Subdivision. Generally, the requested amendments pertain to the following: (1) the relinquishment of recapture payments due to the developer by the City and intersection improvements; (2) park land cash fees; (3) substitution of cash bonds for existing security for completion of weather related items in dwelling units; (4) replacement of condominiums with townhomes or single-family detached dwelling units; (5) extension of building code and fee locks. Since its original annexation agreement approval in April 2005, the Bristol Bay Subdivision has constructed 325 units which include multiple-family, townhome and single-family dwellings. The original annexation agreement is attached for your reference. Similar to recent request from other developments to amend their existing annexation agreements, staff and the petitioner are seeking input and direction on the policy issues in the amendment which can be settled prior to the City Council public hearing. The proposed annexation amendment ordinance is in draft format and still under discussion between staff and the petitioner. Petitioner Requests and Staff Comments/Recommendations: Relinquishment of Recapture Payments Due to Develonerllntersection Improvements Per the recitals of the original annexation agreement, the City of Yorkville agreed to continue the construction of the Rob Roy Interceptor Sewer for that portion necessary to serve the properties within the Bristol Bay Subdivision. This required the City to obtain interim funds by September 2005 and complete the construction of that portion of the interceptor sewer before February 2006. However, in the event the City was not able to meet these deadlines, Centex would finance and construct the interceptor and be reimbursed by the City with interest for the incurred costs by off-setting and fees owed to the City related to the development of the subdivision. In addition, Centex would be able to recover recapture payments from any third- party user of the interceptor who beneftted from the Bristol Bay portion of the Interceptor. Any of the remaining balance of the cost to construct the interceptor by Centex not repaid by the City on January 31, 2014, would be due and payable on demand to Centex. Since the City was unable to proceed with the construction of the Bristol Bay portion of the interceptor, execute a recapture agreement, or is likely to repay the remaining balance of the upfront costs to Centex by 2014, the petitioner is willing to waive that the approximately $2.4 million dollars plus interest owed to them by the City on the condition that the City to undertakes the obligation of constructing the improvements at the intersection of Galena Road, the intersection of Bristol Bay Drive and at Route 30. Staff is supportive of the request, as this alleviates the City's obligation to repay a debt in the near future that is not within our financial means. It is also beneficial to the City as a portion of the intersection improvements can possibly be incorporated within the current Illinois Department of Transportation (IDOT) intersection improvements along Route 47. Park Land Cash Fees The petitioner has already donated approximately 75 acres of park land and $150,000 for the three (3) park sites located north of Galena Road, per the conditions of the original annexation agreement. Although it is our understanding that the petitioner is not moving forward with plans to develop the southern portion of the development, the Final Plat of Subdivision had contemplated two (2) additional parks in this area. Therefore, the petitioner is requesting to pay the required $50,000 land cash fee for the two (2) parks which were to be located south of Galena but not donate the required approximately 150-acre park land. Staff is not opposed to this request since the petitioner provided extra 23-acres of park land on the northern portion of the development. However, staff would recommend that if residential development for area is proposed again in the future, that the required park land be provided on-site. Security Reduction for Certificates of Occupancy It is the City's policy to require a letter of credit (LOC) at 110% of the amount estimated by the developer and approved by the City needed to complete the obligatory work, to ensure the completion of improvements so that occupancy of dwelling units can occur. Once the work is completed to the satisfaction of the City, a final certificate of occupancy can be issued per dwelling unit, or a temporary certificate of occupancy can be given if weather conditions do not permit the final exterior improvements such as sidewalk paving, final surfacing of driveways and landscaping, to be completed at that time. The petitioner is requesting to post a $25,000 cash bond as security for certificates of occupancy for each plat of subdivision rather than provide the required LOC for weather related items. Staff recommends the petitioner post a cash bond of at least $50,000 for each plat of subdivision as security for these items, upon which the existing cash bonds and/or letters of credit previously provided to the City by Centex will be released. Consideration of Townhomes or Single Family Detached Homes The petitioner is seeking the City's consideration of townhomes of single-family detached homes in place of any and all remaining condominium units within the development. Staff is not opposed to the consideration of a reduction in density; however we have expressed concern to the petitioner regarding the potential increase in HOA payments to the current homeowners due to the potential decrease in rooftops. Therefore, staff recommends, that at the time of consideration, the petitioner provides a fiscal impact analysis of the annual HOA assessment if developed as originally proposed compared to the requested unit reduction and the revised projected assessment. All plan and engineering reviews conducted by the City will require the payment of the applicable development fees and entitlement process. Building Codes Finally, the petitioner is seeking an additional five (5) year extension of the building and related code lock through April 25, 2018 with specific relief from the requirement for sprinklers or fire suppression devices in the single family homes constructed during this time. This equates to a total lock on fees over a 13-year period. Although this is policy decision for the City Council, the Bristol Kendall Fire Department has expressed continued concern with extending building and fire code freezes and the need to maintain consistency throughout the community with regards to the City's most recent adopted standards. This is similar to the recent request for building code extension by the developer's of the Blackberry Woods Subdivision. Since the original annexation agreement states that the development is still subject to all national amendments to the building codes adopted by the City pertaining to life/safety considerations after 6 months of the effective date regardless if it occurs within the time of the code lock (paragraph 14 on page 26), staff is accepting of the code lock with the stipulation that no further extensions be permitted. This is particularly due to staff undertaking the process of reviewing our current building code standards and adopting comprehensive revisions to the ordinance beginning within the next few months. The petitioner will be available at Tuesday night's meeting to answer any questions of the EDC members. ACA P Inc. Environmental Consultants Native Landscaping Specialists . Erosion and Sediment Control Professionals ....�_...-..�,_......-- �_�._._9 --17D9 Anon Road Sycamore,IL 60178 Phone:(815)899-1621 Fax:(M)899-6821 www.encapinc.nei May 20, 2010 RE: Clay Building Pad Re-vegetation and Stabilization Specifications Efforts to seed and establish permanent vegetation on clay building pads should follow these specifications to ensure success. As each construction site is unique and each building pad material and soil condition is unique, the following specifications should be modified to suit the time of year and site conditions in order to ensure success. Soil types should have a simple analysis performed to determine the nutrient content of the soils for nitrogen, phosphorous, and potassium. These key elements are necessary in the proper germination, growth, and reproduction of plant species. Once nutrient levels are determined, appropriate fertilizer and soil amendments should be selected based on the soil conditions. Phosphorous is key in germination and establishment, while nitrogen and potassium are more essential to plant root growth and plant maturity and health. Most fertilizer applications are applied between 100 and 350 Lbs. per acre. Seed mixes should be determined based on soil conditions and wetness of the soils as well as time of year. Seed mixes should also have a mix of annuals and perennials. Annuals provide fast germination and cover for erosion control, while perennial species provide the long term establishment necessary to stabilize the site on the long term. Appropriate Species are as follows: Annuals— Seed Oats —Spring Annual Rye—Spring or Fall Red Top—Spring or Fall, Prefers Wet Soil Cereal Rye or Wheat— Fall Perennials — Perennial Rye Grass Creeping Red Fescue Bentgrass Timothy Tall Fescue Aliske Clover Alfalfa Successful seed mixes typically employ two annuals and three to five perennial species and are seeded at a rate of 100-200 Lbs per acre. Soils must be well disked and prepared with a loose surface prior to seeding. Additional soil amendments may also enhance establishment and success of the planting. The mix should be high mowed, no lower than 3 to 4 inches, three to four times a year. Additional mowings should not affect the seeding, however the mix should NOT be low Page 2 of 2 Building Pad Stabilization S ecificiations May 20 2010 mowed, especially during the mid summer months, as doing so may burn out the plants due to high heat retention, low organics, high compaction, and low water holding capacity of the clay soils on the building pads Sincerely, Jonathan Koepke, CPESC Bristol Kendall Fire ;1 )epartment FIRE, l'REIVIIA' ION lit 'lZ 'Al 103 East Beaver Street Yorkville, II 60560-1704 Phone: 630-553-6186 Fax: 630-553-1482 May 13, 2010 Jennifer L. Woodrick United City of Yorkville Engineering Dept. 800 Game Farm Road Yorkville, IL 60560 Re: Building code freezes. Ms. Woodrick, To maintain consistency throughout the community and to allow for new advances in building construction and life safety, the Fire Prevention Bureau strongly recommends that all planned developments, construction projects and remodels be held to the most recent adopted fire and building codes. If you have any questions or need further assistance please feel free to contact me. Sincerely, ym'e"n7 ear�,cway+. Jeremy Canavan- Fire Marshal Bristol Kendall Fire Protection District � t P 4 ' 16 9y a wp Y - _ E � �� o= _ rot C, ke " + ' 3 _ - 'y r •.. :_ I �. 1.::..k , I�-rat- a •I _r i a d 1 H I .171 oil e 4J. a cl,).g rc l Zvi '_y, �� r �;�171 �2P %26 .JG'r �1,_ '4'*.,!# - �f. .. 1 r _ye alt United City of'Yorkville 800 Game Farm Road 1836 Yorkville, Illinois 60560 o if : Telephone: 630-553-4350 �'�, °M� ti•�� Fax: 630-553-3436 PC# t V APPLICATION &PETITION TO AMEND ANNEXATION or PLANNED UNIT DEVELOPMENT(PUD)AGREEMENT Development Name: Bristol Bay Date of Submission: May 5.2010 Requesting: [] Annexation [X]Planned Unit Development [] with Rezoning 1. Name of Petitioner(s): Centex Homes Business address: Business phone: Business fax: Business email: Business cell: Horne address(opt) Home phone (opt) Personal email(opt) Relationship of Petitioner(s) to subject property: [X] Owner [] Developer 0 Contract Purchaser 2. Name of holder of legal title, if different from#1: NIA If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: NIA 3.a. Street address and physical location of subject property: Route 47 and Galena Road,Bristol Bay, Yorkville IL b. Legal description of property; attach as Exhibit"A". c.Total Acreage: 343 d. Kendall County Parcel Number(s) of property: See Attached Exhibit A-1 e. Current Zoning Classification: R-2 R-2D R-3 idential f.Zoning Classification Sought: NIA United City of Yorkville I Amendment to Annotation or PUD Agreement `{„_ . 17 4. Names and addresses of any adjoining or contiguous landowners, and landowners within 500 feet, entitled to notice of petition under any applicable City ordinance or State Statute:Attach a separate list and label as Exhibit"B". 5. List all governmental entities or agencies required to receive notice under Illinois law: NIA 6. Date of PUD Agreement sought to be amended: April 26, 2006_ Name of Agreement: Annexation A eement of Bristol Bay Date of Recording: December 21 2005 Attach a true and correct copy of agreement as"Exhibit C". 6. Summarize the items to be amended from the existing annexation or PUD agreement: (1)Extension of period for freeze on Codes and Fees aimlicable to the ro ert . 2 Substitution of cash bonds for existing security for completion of weather related items in homes. (3)Add provision for facilitated amendments for PUD Plan and Plats to accommodate product changes. (4)Add provision for Assumption b the he City of certain intersection improvement obligations for the development f5)Add provision releasing recaptures due to developer. Attach amendments as Exhibit D 7. Contact Information: Name,address,phone number, fax number,and email address of person to whom inquiries regarding this petition may be directed: Bernie Pallardy,Pulte Q Oration. Attorney: Name: Charles L.Byrum.Esq..Partner,Meltzer Purd11 &Stelle LLC Address: Phone Number: Fax Number: Email Address: Engineer: Name: Crag Duy.SEC Group,Inc.and HR Green Company Address: Phone Number: Fax Number: Email Address: Planner: Name: Same as above SEC Grow Address: Phone Number: Fax Number: Email Address: United City orYorkville I Amendmrnt to Annexation or PUD Agreement 8. Submit the following to the Community Development Department in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Two(2) original signed applications with legal description. b. Five(5)copies each of the application and exhibits,proposed drawings,location reap, site plan. If site plans are attached, they must be folded to fit into a I O"x 13"envelope. C. Two(2) CD's containing one electronic copy(pdf)of each of the signed application (complete with exhibits),proposed drawings, location map,and site plan.A Microsoft Word document with the legal descriptions is required on the CD. d. Appropriate filing fee(Please refer to Page 4 of this application"Petitioner Route, Step 1, Fees" and/or contact the Community Development Department for verification of this amount.) Depending on the nature of the amendment request(s),this application might require a Plan Commission meeting.The petitioner or its designated representative will be contacted to provide additional quantities of the printed application&supporting documents, for insertion into meeting packets. In witness whereof the following petitioner(s)have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the'United City of Yorkville. Date: ,El 11 2.1201 Q Petitioner(s)Signature: Subscribed and sworn to before me this I R 7'�' day of maq 20 i 0 �." &"�h — Notary Seal OFFICIAL SEAL AMY Q WIFITli NOTARY P11MX-VrATE OF ILLMM W COQJI�B"E S:t�11b111 THIS APPLICATION AfUST BE NOTARIZED, United City of Yorkville I Amendment to Annexation or PUD Agreement AMENDMENT TO ANNEXATION OR PLANNED UNIT DEVELOPMENT(PUD)AGREEMENT PETITIONER ROUTE Step 1: Petitioner must submit a completed application, fees*and all pertinent materials to the Community Development Department a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County,Illinois Department of Transportation,Illinois Department of Natural Resources,U.S. Army Corps of Engineers, etc., to allow timely review by City. *Fees: 1, Annexation/PUD Amendment-$500 2.Deposit for Outside Consultants Under 2 acres=$1,000 Two(2)to 10 acres=$2,500 Over 10 acres=$5,000 3.Rezoning(if requested): $200,plus$10/acre for each acre over 5 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should owner/developer deplete the initial deposit,with substantial review remaining to be completed,a request for replenishment of the deposit in the amount of 100% of the initial-deposit amount will be due and payable in order to keep the project moving forward; application close to completion will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Commission: The Plan Commission meets the 2"d Wednesday of each month at 7:00 p.m. in the Yorkville Public Library* at 902 Game Farm Road. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 9 members appointed by the Mayor. A public hearing will be held at this time for the Annexation or PUD Agreement amendment. Notice will be given by publication by the United City of Yorkville in the Kendall County Record no less than 15 days and no more than 30 days prior to the public hearing date.The petitioner shall notify all adjoining or contiguous landowners,and property owners within 500 feet of subject parcel for which amendment is requested,by certified mail,signature return receipt requested.All receipts(green cards)are due to the City 24 hours prior to the public hearing. A certified affidavit must be filed by the petitioner with the Community Development Department's office containing the names, addresses and permanent parcel numbers of all property owners. *Meeting location is subject to change. Step 3: Economic Development Committee: The Economic Development Committee meets the 1° Tuesday of the month at 7:00 p.m. in the City Hall Conference Room. The project will be discussed in an informal atmosphere where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings and for review of the draft amended agreement. United City of Yorkville I Amendment to Annrxetion or PUD Agreement Step 4: City Council:�A public hearing is required for Annexation or PUD agreements. The City Council meets the 2"d or 4d'Tuesday of the month at 7:00 p.m.in the Council Chambers at City Hall. A public hearing will be held at this time for the Annexation or PUD Agreement amendment. Notice will be given by publication by the United City of Yorkville in the Kendall County Record no less than 15 days and no more than 30 days prior to the public hearing date.The petitioner shall notify all adjoining or contiguous landowners,and property owners within 500 feet of subject parcel for which amendment is requested,by certified mail,signature return receipt requested. All receipts (green cards)are due to the City 24 hours prior to the public hearing. A certified affidavit must be filed by the petitioner with the Community Development Department's office containing the names,addresses and permanent parcel numbers of all property owners. Agreement: 1 understand and accept all requirements, fees as outlined as well as any incurred administrative and planning consultant fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original(retaining a copy for your records)to the Community Development Department,United City of Yorkville, 800 Game Farm Road,Yorkville,Illinois 60560. Date: 6J[2.1-2010 _ ___ __ ____ Signature of Petitio RevisM 4.22 10 United City of Yorkville I Amendment to Annexation or PUD Agrecmcnt `;'= 21DU50i lJ37333 riled t or Record ?r STATE OF ILLINOIS HHDOLL COUNTY: 1LLINQI�' PAUL ANDERS011 } ss 12-011-2005 COUNTY OF KENDALL R14SPNSN charge u? ) RHSF' Surcharge t►.i3Ou, ORDY LANCE NO.2005- 3`' ANT ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF BRISTOL BAY WHEREAS, it is in the best interests of the United City of Yorkville, Kendall County, Illinois ("City"), that a certain annexation agreement pertaining to the development known as Bristol Bay be entered into and that the City enter into an amended annexation agreement pertaining to the properties known as Lay-Cam, Inc. parcel and Galena Yorkville, L.L.C. parcel; and, WHEREAS, a single Annexation Agreement has been drafted, negotiated, and reviewed by the City ("Annexation Agreement) which Annexation Agreement serves both as an annexation agreement for Bristol Bay and an amendment and restatement to the annexation agreements previously entered into for Lay-Com, Inc. parcel, dated September 6, 2001 and Galena Yorkville, L.L.C. parcel, dated October 8, 2002, the Bristol Bay Annexation Agreement is attached hereto and incorporated herein; and, WHEREAS, the developers, Centex Homes, a Nevada general partnership, and the legal owners of record of the territory that is the subject of the Annexation Agreement are ready, willing, and able to enter into the Annexation Agreement;and, WHEREAS, the statutory procedures and required votes provided in the amended section 11-15.1-1 of the Illinois Municipal Code for the execution of the Annexation Agreement and amendment to an annexation agreement have been fully complied with; and, Page 1 of 3 WHEREAS, the Mayor and the City Council have the authority to enter into the Annexation Agreement; WHEREAS,the property is presently contiguous to the City NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1: The Annexation Agreement be and is hereby approved and shall be binding on the City. Section 2: The Mayor be, and he is hereby authorized and directed, and the Village Clerk is directed, to execute on behalf of the City and to attest to the Annexation Agreement as to approximately Six Hundred Thirty-Three(633) acres of territory(a copy of which is attached hereto and made THAT the foregoing recitals are material to the Ordinance and are incorporated and made a part of this Ordinance. Section 3: The Mayor be, and be is hereby authorized and directed, and the Village Clerk is directed, to execute on behalf of the City and to attaest to the Annexation Agreement as to approximately Six Hundred Thirty-Three(633) acres of territory(a copy of which is attached hereto and made a part hereof) in such final form with such final exhibits as may be approved by the City Attorney. Section 4: The Annexation Agreement as executed by the owners and Centex Homes shall be modified to conform to the actual ownership of each of the parcels on the date of the actual execution of the Annexation Agreement based upon evidence, reasonably satisfactory to the City Attorney, as to the ownership of each of the parcels as of that date. Section 5: The Annexation Agreement made a part of this Ordinance treat the Six Hundred Thirty-Three(633) acres of the Bristol Bay development as a single unit and comprehensively amend the annexation agreements previously entered into on September Page 2 of 3 6, 2001 and October 8, 2002, between the City and owner of the properties described in the existing annexation agreements. Section 6: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO VALERIE BURR PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA Approved by me, as Mayor of the United City of Yorkville,Kendall County, Illinois, this Day of , A.D. 2005. r i i �S MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this alp day of ,A,D. 2005. ATTEST: CITY-CLERK �Vf Gc�fiQni SEAL Prepared by: Jotm Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY AMENDED AND RESTATED ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY AND A PLANNED UNIT DEVELOPMENT AGREEMENT By and Between MSRET LLC,a Delaware limited liability company And LaSalle Bank National Association Under Trust Agreement dated April 1,2005 known as trust no. 133367 And LaSalle Bank National Association Under Trust Agreement dated April 1,2005 known as trust no. 133368 And LaSalle Bank National Association Under Trust Agreement dated April 1,2005 known as trust no. 133370 Lay-Com,Inc.,an Illinois corporation And JR Yorkville L.L.C.,an Illinois limited liability company and NR Yorkville,L.L.C., an Illinois limited liability company,as tenants in common And John Rosenwinkel and Susan Rosenwnnkel,individually,and as Co-Trustees of EMR Trust No. 100 Dated December 10,2002 And CENTEX HOMES,a Nevada general partnership And UNITED CITY OF YORKVILLE CH199 4479044-9.001314.0242 1. RECITALS .................................................................................................................... 5 - 2. CONFLICT.................................................................................................................... 5 - 3. LEGAL CONFORMANCE WITH LAW..............................,....................................... 6 - 4. ANNEXATION AND ZONING.................................................................................... b 5. DEVELOPMENT PLANS ............................................................................................. 7 - 6. PLATS OF SUBDIVISION...........................................................................................- 8 7. UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS................................- 1 1 - 8. WATER UTILITIES .................................................................................................... 1 1 - 9. SANITARY SEWER FACILITIES ............................................................................-•12 - 10. WETLANDS AND STORMWATER MANAGEMENT...........................................- 1 6 -11. SECURITY INSTRUMENTS......................................................................................22 - 12. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS,..,..- 26 - 13. AMENDMENTS TO ORDINANCES......................................................................... 26 - 14. BUILDING CODE.......................................................................................................27 - 15. FEES AND CHARGES................................................................................................29 - 16. CONTRIBUTIONS ...................................................................................................... 31 - 17. SCHOOL A N D PARK DONAT IONS........................................................................- 31 - 18. PROJECT SIGNS.........................................................................................................33 19. MODEL HOMES,PRODUCTION UNITS, SALES TRAILERS AND CLUBHOUSE..............................................................................................................- 34 - 20. CONTRACTORS TRAILERS.....................................................................................37 - 21. BUILDING PERMITS AND CERTIFICATE OF OCCUPANCY ............................- 37 - 22. OVERSIZING OF IMPROVEMENTS........................................................................ 39 - 23. LIMITATIONS...............................................---........................................................ 40 - 24. RECAPTURE AGREEMENTS .............................................................................. ....40 -i- CH199 4478044-3.001319.0242 25. ARCHITECTURE STANDARDS A N D COVENANTS............................I............... 41 - 26. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA(DSSA).............................................................................................................. 42 - 27. ESTABLISHMENT OF SPECIAL SERVICE AREA AS PRIMARY FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND BANKQUALIFIED DEBT .........................................................................................43 - 28. ONSITE EASEMENTS AND IMPROVEMENTS .....................-...,.......................... 45 - 29. CITY'S MUNICIPAL SERVICES..............................................................I................ 46 30. DISCONNECTION......................................................................................................46 - 31. SALE OF SUBJECT PROPERTY...............................................................................46- 31 SPECIAL PROVISIONS FOR THE BERTRAM HOMESTEAD..............................48 - 33. GENERAL PROVISIONS ...........................................................................................49 - -ii- CM99 447B044-3 001319.0242 ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY, AMENDED AND RESTATED ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY AND A PLANNI'ED UNIT DEVELOPM04T AGREEMENT (Bristol Bay Subdivision) THIS ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY, AMENDED AND RESTATED ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement"), is made and entered as of the day of the 26th day of April,2005, by and between MSRET LLC, a Delaware limited liability company, LaSalle Bank National Association Under Trust Agreement dated April 1, 2005 known as trust no. 133367, LaSalle Bank National Association Under Trust Agreement dated April 1, 2005 known as trust no. 133365, LaSalle Bank National Association Under Trust Agreement dated April 1, 2005 known as trust no. 133370, Lay-Com, Iac., an Illinois corporation, JR Yorkville L.L.C., as Illinois limited liability company and NR Yorkville, L.L.C.,an Illinois limited liability company, as tenants in common and John Rosenwinkel and Susan Rosenwinkel, individually, and as Co-Trustees of EMR Trust No. 100 Dated December 10, 2002 (hereinafter collectively referred to as "OWNERS") and CENTEX HOMES, a Nevada general partnership (hereinafter referred to as "DEVELOPER"), and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY") by and through its Mayor and Aldermen ("Corporate Authorities"). OWNERS and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a"Party"and collectively as the"Parties". CHI"44 76041-3.001319,0242 RECITALS: A. OWNERS and DEVELOPER are the owners of record of certain parcels of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit "A" (hereinafter referred to as "SUBJECT PROPERTY"). B. OWNERS and DEVELOPER desire to annex that portion of the SUBJECT PROPERTY not within the corporate limits of the CITY as identified on Exhibit "A" to the CITY and to amend and restate existing agreements relating to portions of the SUBJECT PROPERTY previously annexed to the CITY as identified on Exhibit "A" for the purposes of developing a residential planned unit development ("PUD") known as the Bristol Bay Subdivision together with commercial use parcels. C. OWNERS and DEVELOPER desire to proceed with the development of the SUBJECT PROPERTY for residential and commercial use in accordance with the terms and provisions of this Agreement. D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be rezoned as a residential PUD under the R-2, R-2D, R-3 and R-4 Residential District provisions and the A-1 and B-3 Business District provisions of the CITY Zoning Ordinance ("Zoning Ordinance") as depicted on the zoning plat attached hereto and incorporated herein as Exhibit "B", to be developed with single-family detached, townhome, two-family, and multi-family residences, maintain a 2.1 acre tract as A-] zoning classification and a commercial area within the B-3 zoned property, all as depicted on the Preliminary Plat attached hereto and incorporated herein as part of Exhibit"D". E. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted public hearings regarding the requested zoning on September 8, 2004.'The Corporate Authorities conducted a public hearing on this Agreement on February 22,2005. -2 - CM99 4478044.3.001319.0242 F. The CITY, OWNERS and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the CITY Code. G. The Corporate Authorities, after due and careful consideration, have concluded that the Execution of this Agreement subject to the terms and provisions of this Agreement, and the rezoning, subdivision and development of the SUBJECT PROPERTY as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. H. (i) Each party agrees that it is in the best interests of the OWNERS and DEVELOPER and the CITY to annex and develop a portion of the SUBJECT PROPERTY as a Planned Unit Development (PUD) for residential development establishing a unique character through the provision of a mix of residential, commercial, open space and regional stormwater management uses in conformance with the United City of Yorkville Comprehensive Plan within a master planned community including neighborhoods of varying densities, design standards and architectural controls, open spaces, a carefully integrated commercial use and maintaining a portion in its historical agricultural use and through the provision of orderly flow of traffic within the SUBJECT PROPERTY to and with adjoining real property. (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the OWNERS and DEVELOPER to provide for specific performance standards in the development of the SUBJECT PROPERTY. - 3 - CH199 4174044-3.001319.0242 (iii) Each party agrees that development of the SUBJECT PROPERTY will impact the services of the United City of Yorkville and other governmental agencies. (iv) Those portions of SUBJECT PROPERTY not within the Corporate boundaries of the CITY are contiguous to the corporate boundaries of the CITY. I. It is the desire of the CITY, the OWNERS and DEVELOPER that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. J. The OWNERS and DEVELOPER and their representatives have discussed the proposed annexation and have had public hearings with the Plan Commission and the Corporate Authorities, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. K. In accordance with the powers granted to the CITY by the provisions of the Illinois Compiled Statutes, 65 ILCS 5/11-15.1-1 through 5/15.1-5, inclusive, relating to annexation agreements, the Parties wish to enter into a binding agreement with respect to the annexation of the SUBJECT PROPERTY to the CITY and to provide for various other matters related directly or indirectly to the annexation of the SUBJECT PROPERTY as authorized by the provisions of said statutes. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the receipt and sufficiency of such consideration being hereby acknowledged by the Parties, the Parties hereby agree as follows: -4 - CFE99 4479044-3.001319.0242 1. RECITALS. The foregoing Recitals are incorporated herein and made a part of this Agreement. 2. CONFLICT. In the event of a conflict between the terms of this Agreement and any other annexation or similar agreement relating to any parcel previously annexed to the CITY, but which are not included as part of the SUBJECT PROPERTY, the terms of this Agreement shall control and prevail. As to those portions of any parcel previously annexed to the CITY which are not included as part of the SUBJECT PROPERTY for this Agreement, the terms of any preceding or existing agreement shall remain in full force and effect and unamended. As to any conflict between the terms of this Agreement and any CITY law, rules, ordinance, code, regulation, resolution or interpretation (whether judicial or administrative) of any such law, rule, ordinance, code or regulation including the Zoning Code and CITY Subdivision Ordinance (individually and collectively sometimes referred to herein as "Municipal Codes") copies of which are attached hereto as Exhibit "C", the terms of this Agreement and the terms of any such Municipal Codes in effect as of the date of this Agreement shall control and be effective as it relates to the SUBJECT PROPERTY. Any other term of this Agreement or Municipal Code, including the Zoning Ordinances, to the contrary notwithstanding, the SUBJECT PROPERTY shall be considered for all purposes as one (1) parcel notwithstanding separate ownership of all or part of the SUBJECT PROPERTY. 3. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY Municipal Code, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. OWNER and DEVELOPER have filed with the Clerk of the CITY a duly executed petition pursuant to and in accordance with the provisions of 65 ILLS sn-1-8 of the Illinois Compiled Statutes to annex the SUBJECT PROPERTY to the CITY or to amend any existing annexation agreement. - 5 - CM99 4476044-3.001319.0242 4. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and rezone the SUBJECT PROPERTY under the R-2, R- 2D,R-3, R-4, A-1 and B-3 District provisions of the CITY Zoning Ordinance with a Special Use for a Planned Unit Development of those portions of the SUBJECT PROPERTY zoned under the R-2, R-2D, R-3 and R-4 provisions of the City Zoning Ordinance consistent with the terms of this Agreement. The zoning map of the CITY shall thereupon be modified to reflect the classifications of the SUBJECT PROPERTY as aforesaid. OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the Municipal Codes, as approved or subsequently amended,unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement. It is understood and agreed between the Parties hereto that the SUBJECT PROPERTY and each phase and parcel may continue to be used and occupied (without any change or alteration) for the current uses of the existing OWNERS and DEVELOPER of the SUBJECT PROPERTY and/or as are permitted in the zoning classifications set forth in this Paragraph 4. All current uses of the SUBJECT PROPERTY that are not permitted under the zoning classifications specified in this Paragraph 4 shall be considered legal,nonconforming uses. 5. DEVELOPMENT PLANS. Contemporaneously with the annexation of the SUBJECT PROPERTY, the CITY shall adopt an ordinance adopting and approving the following, all of which are on file with the CITY and hereby incorporated herein and made a part of this Agreement: A. Zoning Map prepared by Smith Engineering Consultants, Inc. and last revised April 4,2005 ("Zoning Map"), -6 - CH199 4479044-3.001314.0242 B. Preliminary PUD Plat and Plan, prepared by Smith Engineering Consultants, Inc. and last revised March 15, 2005 {"Preliminary Plat"); C. Preliminary Engineering, prepared by Smith Engineering Consultants, Inc. and last revised March 21, 2005 ("Preliminary Engineering"); and D. Preliminary Landscape Plan, prepared by SEC Planning Consultants and last revised March 3, 2005 ("Preliminary Landscape PIan"), which includes the designation of tree preservation easements and standard. The Zoning Map, Preliminary Plat, Preliminary Engineering and Preliminary Landscape Plan are sometimes collectively referred to as the "Development Plans". The Development Plans are attached hereto as Exhibit"D". 6. PLATS OF SUBDIVISION. A. The SUBJECT PROPERTY may be developed in one or more phases. The CITY shall approve the Final Plat(s) of Subdivision and such final plans so submitted at any time during the term of this Agreement without any time limitation, subject to the terms and conditions set forth herein provided that such plat(s) and plans substantially conform with the Development Plans and otherwise meet all the requirements of the CITY Municipal Codes, except as expressly and specifically modified by this Agreement. In addition, such phases shall be configured in such a manner that each such phase shall be served by all utilities and satisfy sound engineering and municipal land use practices. DEVELOPER shall provide at least one permanent point of access to a public road for each phase of development of the SUBJECT PROPERTY and a second Temporary point of access to a public road at those locations noted on the Preliminary Engineering until the neighboring property is developed at which time such Temporary road shall be abandoned in accordance with CITY requirements. Any such Temporary -7 - M99 4478044-3.001319.0242 road shall be constructed sufficient to service police, fire, ambulance and other emergency vehicles for access to that portion of the SUBJECT PROPERTY under development and may, at DEVELOPER's option, be a gravel road. To the extent roadway and utility improvements are developed or installed in phases, the CITY shall inspect and accept the same on a phase by phase basis provided that such improvements are sufficient to service the phase developed on a stand alone basis. Final Plats may be submitted by DEVELOPER from time to time during the term of this Agreement without regard to any ordinance or regulation imposing any limitation or time frame with respect to such submissions. The CITY shall act upon any final plat and final engineering or resubmitted final plat and final engineering within sixty(50) days of its receipt of such final plat, final engineering and all necessary supporting documentation and information by either(i) adopting such ordinances as may be required to approve such final plat and final engineering and to cause the CITY to process and execute any such final plat of subdivision or (ii) issuing a letter of denial informing the applicant in writing and specifying in detail as to what corrections are necessary as a condition to the approval of any final plat and final engineering quoting the section of the Municipal Code or of this Agreement relied upon by the CITY in its request for corrections. Failure to issue such written denial in such time period shall constitute an approval of the final plat and final engineering and the CITY shall execute such final plat upon demand by DEVELOPER and DEVELOPER may proceed instanter with development of the SUBJECT PROPERTY as if such final plat and final engineering had been executed by the CITY. B. Excavation, grading work, filling and soil stockpiling, of all or any part of the relevant portion of the SUBJECT PROPERTY, may be undertaken by the - 8 - CH199 4472044-3.001314.4242 DEVELOPER at DEVELOPER'S sole risk provided that all erosion and siltation control measures shown on the DEVELOPER submitted. Erosion & Sediment Control Plans as reflected in the CITY's Soil Erosion and Settlement Control Ordinance (Ord. 2003-19), or as reasonably required by the CITY Engineer are in place in accordance with the Procedures and Standards for Urban Soil Erosion and Sedimentation Control in Illinois, CITY ordinances and sound engineering practices. The CITY may request a bond be posted with the CITY in a reasonable amount to secure DEVELOPER's obligations under this Subparagraph B. DEVELOPER shall be required to take such actions as may be necessary to assure that such grading, filing and stockpiling ultimately complies with the approved Final Engineering for the SUBJECT PROPERTY. C. DEVELOPER may make minor changes to the Development Plans subject to the provisions of this paragraph 6C, All such changes shall be deemed incorporated into this Agreement. As used herein a change shall NOT be considered minor if it includes the following: 1. A change in the use or character of the development. 2. An increase by more than five percent(5%) in the overall coverage of structures. 3. A relocation of any street, curb cut or intersection of more than twenty-five feet (25) in a manner that would reasonably be expected to increase the problems of traffic circulation or public utilities, or that would cause a significant negative impact upon the buffer or open space scheme. 4. A reduction of more than five percent (5%) in approved open space. -9 - CH199 4476044-3.001319.0242 In addition, any increase in the total number of dwelling units to be developed on the SUBJECT PROPERTY shall be subject to the following standards: 1. An increase of up to (2%) inclusive in total, may be approved by the CITY, without any public hearing, such approval not to be unreasonably conditioned, delayed or denied; 2. An increase from 2.01% to 4% inclusive in total,may be approved by the CI'T'Y, without any public hearing, such approval shall be within the sole discretion of the CITY; or 3. An increase in excess of 4.01% in total or more shall be considered by the CITY in accordance with applicable CITY ordinances. The term "dwelling units", "residential units", "units" or any similar term used in this Agreement shall have the meaning set forth in the Municipal Code. 7. UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS. OWNERS and DEVELOPER agree that any extension and/or construction of the utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations, as varied by this Agreement, substantially in accordance with the Development Plans. The CITY shall have the sole responsibility at no cost to the DEVELOPER for obtaining any and all off-site easements for water distribution, storm sewers and/or sanitary sewer lines to implement the Development Plans. The CITY shall have sole responsibility at no cost to the Developer, except as set forth in this Agreement, for the construction of and the obtaining and applying of all funds for any and all off-site street improvements, watennains, storm detention lines and sanitary sewer lines as outlined in Exhibit"E". 8. WATER UTILITIES. CITY represents and warrants to OWNER and DEVELOPER as follows: - 10 - CM99 4478444-3.061319,0242 A. The CITY owns and operates a water distribution system within the CITY for water distribution. B. That the CITY system has sufficient capacity to provide potable water and fire protection to the SUBJECT PROPERTY, such service to be substantially the same as provided to other areas in the CITY being provided with water by the CITY. C. That the CITY has constructed and will maintain an operational water storage tower contiguous to the SUBJECT PROPERTY to service the SUBJECT PROPERTY and other parcels within the CITY consistent with IEPA permits. D. That there are no administrative, judicial, or legislative action pending or being threatened that result in a reduction of, or limitation upon, any Parties' right to use and connect to the water distribution system. 9. SANITARY SIEWER FACILITIES. The CITY agrees, represents and warrants to DEVELOPER as follows: A. That it owns and operates a sanitary sewer transmission system within the CITY for sewage disposal to the Yorkville Bristol Sanitary District ("YBSD")treatment facility located at 302 River Road,United City of Yorkville, Illinois. B. That the CITY system and YBSD treatment facility has or will have sufficient capacity to provide sanitary sewer service to the SUBJECT PROPERTY, such service to be substantially the some as provided to other areas in the CITY being provided with sanitary sewer by the CITY and YBSD consistent with IEPA permits. C. That the SUBJECT PROPERTY is within the Facility Planning Area of Yorkville and within the Facilities Planning Area of the Fox Metro Water Reclamation District. The CITY shall use its best efforts, in good faith, to cause the prompt - 11 - CHI49 4478044-3.001319.0242 realignment of the boundary lines of the YBSD and Fox Metro Water Reclamation District so that the portion of the SUBJECT PROPERTY east of Cannonball Trail Road which is zoned R-3 PUD is part of and serviced by the Fox Metro Reclamation District. D. That either(i) the Sanitary Sewer Interceptor Funding Agreement attached hereto as Exhibit "F" and incorporated herein is in full force and effect and is the legally binding agreement of the parties thereto and will be timely enforced by the CITY, including by litigation if necessary or (ii) an alternative means for assurance to DEVELOPER of the timely availability of sanitary sewer service to the SUBJECT PROPERTY generally consistent with the provisions of this Paragraph 9. The CITY has provided to DEVELOPER a copy of that certain "Amendment to the Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement" for the WestburyVillage Subdivision recorded with the Kendall County Recorder of Deeds as Document Number 200500004985 ("Westbury Agreement"), The Westbury Agreement includes various provisions with respect to the construction and payment for what is commonly known as the Rob Roy Interceptor Project ("Rob Roy Interceptor Sewer"). The CITY represents and warrants to DEVELOPER that the Westbury Agreement is in full force and effect and unamended. The CITY further represents and warrants to DEVELOPER that that portion of the Rob Roy Interceptor Sewer from point A to point B as shown on Exhibit"G"has either been constructed or is in the process of being constructed, at the initial cost and expense of the CITY, with the reasonable anticipation that - 12 - CM99 4478444-3.601319 0242 the Rob Roy Interceptor Sewer will be completed to point B as reflected on Exhibit"G" on or before July 1,2005. The CITY further represents and warrants to DEVELOPER that those easements or rights-of-way so as to allow for the continuous construction and use of the Rob Roy Interceptor Sewer from point A to point C as shoKm on Exhibit"G", are in place and in full force and effect except as to those segments specifically noted and depicted on Exhibit G". The CITY shall use its best efforts to provide to DEVELOPER, on or before April 27, 2005, evidence reasonably satisfactory to DEVELOPER that interim financing is available for the CITY to continue the construction of the Rob Roy Interceptor Sewer from point B to point C as shown on Exhibit "G" at the initial cost and expense of the CITY,with a reasonably anticipated completion of construction date of February 1, 2006. DEVELOPER agrees to execute such agreements as maybe reasonably required by the CITY in connection with such interim financing. Without limiting, amending or modifying any rights of DEVELOPER under this Agreement, in the event that the CITY is unable to provide either a fully executed and enforceable Sanitary Sewer Interceptor Funding Agreement or evidence of the interim financing as provided for in this Paragraph 9, DEVELOPER may, in DEVELOPER's sole and absolute discretion, following thirty(30) days prior notice to the CITY given no earlier than September 1, 2005, but subject to and in coordination with the terms of the Westbury Agreement, construct or cause to be constructed such portion of the Rob Roy Interceptor Sewer as maybe required, in DEVELOPER's sole and absolute discretion, to - 13 - CM99 4478644-3.DD1319.0242 service the development and improvement of the SUBJECT PROPERTY as contemplated by this Agreement. The construction of any portion of the Rob Roy Interceptor Sewer by DEVELOPER shall be completed generally consistent with the plans on file with the CITY as of the Effective Date prepared by Walter E. Deuchler Associates, Inc. dated January 21,2005, In such event, DEVELOPER shall receive a set-off as against any and all fees due to the CITY or any other governmental agency (excluding, however, Yorkville School District 115's impact fees and Bristol-Kendall Fire Protection District impact fees) in connection with the development and improvement of the SUBJECT PROPERTY until such costs, including what is known in the industry as "soft costs", plus a seven and one-half percent (7%%) management fee, together with interest on any amounts so expended at the Prime Rate of Interest published, from time to time, by The Wall Street J umal plus two percent (2%), measured from the day of expenditure, until such amount is paid in full, Such amount shall be paid from the proceeds arising from any bond issued consistent with the Sanitary Sewer Interceptor Funding Agreement and from any parcel or third party user of all or any part of the Rob Roy Interceptor Sewer whether by means of recapture or through recovery of cost by the CITY through any and all sewer fees paid by users of the Rob Roy Interceptor Sewer. In all events, any amounts due and owing to DEVELOPER under this Paragraph 9 remaining unpaid on January 31,2014 shall be due and payable by CITY on demand. CITY covenants and agrees to use its best efforts, in good faith, to collect all sewer fees and to not allow connections or use of the portion of the Rob Roy Interceptor Sewer constructed by DEVELOPER without imposing a recapture or - 14 - CH199 4478044-3.0(11319.0242 recovery fee on such user and Benefited Property (as hereinafter defined) for the benefit of and payment to DEVELOPER. In the event DEVELOPER elects to construct all or any portion of the Rob Roy Interceptor as contemplated by this Paragraph 9, the CITY shall provide to DEVELOPER any funds or security which it holds from any third party relating to the Rob Roy Interceptor Sewer and shall further grant such permits and rights and grant such easements or rights to easements as maybe necessary or appropriate to allow DEVELOPER to commence and complete the Rob Roy Sanitary Sewer from point A to point C as shown on Exhibit"G". E. That there are no administrative, judicial, or legislative action pending or being threatened that result in a reduction of, or limitation upon, any Parties' right to use and connect to the sanitary sewer system. 10. WETLANDS AND STORMWATER MANAGEMENT. The CITY agrees, represents and warrants to DEVELOPER that it shall provide and maintain sufficient stormwater management capacity on all or any part of the SUBJECT PROPERTY which is dedicated, conveyed or granted by easement to the CITY consistent with the terms of this Agreement, to perpetually service all or any part of SUBJECT PROPERTY all at no cost or expense to the DEVELOPER. The CITY shall construct, in a timely manner so as to allow for the immediate and prompt development of all or any part of the SUBJECT PROPERTY, a regional stormwater management facility within the SUBJECT PROPERTY("Regional Stormwater Management - 15 - C299 4476044-3.001319.0242 Facility") on those parcels identified on the Development Plans. The Regional Stormwater Management Facility shall be designed, constructed and maintained by the CITY on the property provided in the Development Plans for such purpose, and other property, estimated by the CITY to be approximately One Thousand Nine Hundred (1,900) acres, to service tributary properties and other properties deemed appropriate by the CITY, including at a minimum, all of the SUBJECT PROPERTY. DEVELOPER and MSRET, LLC shall be entitled, at no cost or expense to the DEVELOPER or MSRET, LLC, to the uninterrupted and continuing use of the Regional Stormwater Management Facility, for stormwater management purposes, for the benefit of the SUBJECT PROPERTY and the commercially zoned property owned by MSRET, as described on Schedule 1 to Exhibit A, as well as for the benefit of any other properties which DEVELOPER may own, control or develop within such parcels identified by the CITY, to be within the tributary properties to be serviced by the Regional Stormwater Management Facility, such tributary properties being depicted on Exhibit "H" as prepared by the CITY. DEVELOPER, at is sole cost and expense, shall simultaneous with its grading and development of all or any part of the SUBJECT PROPERTY, in addition to its obligations under Paragraph 17 of this Agreement relating to Parks, construct or cause to be constructed a swale along the east boundary of the SUBJECT PROPERTY north of Galena Road as depicted on Exhibit "I". The CITY shall maintain the current, existing culvert under Galena Road so as to facilitate the movement of water into the area reflected on Exhibit"J". The swale and included weirs shall be timely designed by the CITY and approved by DEVELOPER, such approval not to be unreasonably denied, delayed or conditioned. Anything in this Agreement to the contrary notwithstanding, the DEVELOPER review and approval of any and all plans regarding the swale and included weirs shall be for the purpose of providing CITY with information as to DEVELOPER's objective and goals with respect to the SUBJECT PROPERTY and not for the purpose of determining the accuracy and completeness of such - 16 - CH199 4478044-1001319.0241 design and shall in no way create any liability on the part of the DEVELOPER for errors, inconsistencies or omissions in any approved documents nor shall any such review and approval alter CITY's responsibilities hereunder with respect to such documents, Swale and weirs. The Regional Stonmwater Management Facility shall be conveyed by DEVELOPER by deed or by a grant of a nonexclusive easement to the CITY simultaneous with the approval by the CITY of the First Final Plat of Subdivision for any part of the SUBJECT PROPERTY. Any portion of the Regional Stormwater Management Facility not conveyed to the CITY by deed simultaneous with the First Final Plat of Subdivision shall be conveyed by deed to the CITY at such time as DEVELOPER becomes the owner of that portion of the Regional Stormwater Management Facility on which an easement has been previously established consistent with this Paragraph 10. Any other term of this Agreement to the contrary notwithstanding, the CITY shall issue all permits, all certificates of occupancy and provide all approvals and assistance for the development of the SUBJECT PROPERTY as contemplated by this Agreement notwithstanding the fact that the CITY has not commenced or completed the construction of an operational Regional Stormwater Management Facility. CITY shall at no cost or expense to the DEVELOPER, on or before August 1, 2005, construct or cause to be constructed by the CITY with the CITY obtaining and applying all funds, a temporary outfall system and water storage area sufficient to service the portion of the SUBJECT PROPERTY under development. Without limiting, amending or modifying any rights of DEVELOPER under this Agreement, in the event the Regional Stormwater Management Facility is not in place and operational for the benefit of the SUBJECT PROPERTY on or before September 1, 2006, DEVELOPER, following fifteen (15) days prior written notice to the CITY, may in DEVELOPER's sole and absolute discretion, construct or cause to be constructed such portion of the Regional Stormwater Management Facility as may be required, in DEVELOPER's sole and - 17- CM99 4478044-3,001319.0242 absolute discretion, to service the development and improvement of the SUBJECT PROPERTY as contemplated by this Agreement. In such event, DEVELOPER shall receive a setoff as against any and all fees due the CITY or any other governmental agency (excluding, however, Yorkville School District 115's impact fees and Bristol-Kendall Fire Protection District impact fees) in connection with the development and improvement of the SUBJECT PROPERTY until such cost, including what is known in the industry as "soft costs", are paid in full together with interest on any amounts so expended at the Prime Rate of Interest published, from time to time, by The Wall Street Journal plus two percent (2%), measured from the date of the expenditure until such amount is paid in full. Such amount shall be paid by the City from the proceeds arising from any bond issued, from time to time, by the CITY relating to the Regional Stormwater Management Facility and from any third party user of all or any part of the Regional Stormwater Management Facility whether by means of recapture or through recovery of costs by the CITY through any and all fees adopted and applicable to use of the Regional Stormwater Management Facility by any parcel or third party user of all or any part of the Regional Stormwater Management Facility not including the SUBJECT PROPERTY. In all events, any amounts due and owing to DEVELOPER under this Paragraph 9 remaining unpaid on January 31,2014 shall be due and payable by CITY on demand by DEVELOPER. CITY covenants and agrees to use its best efforts, in good faith, to collect all fees and to not allow use of the Regional Stormwater Management Facility if constructed by DEVELOPER without imposing a recapture or recovery fee on such user and Benefited Property for the benefit of and payment to DEVELOPER. The CITY may elect, at its sole and absolute discretion, to create upon all or any part of the SUBJECT PROPERTY which is dedicated or conveyed to the CITY consistent with the terms of this Agreement a "Wetland Mitigation Bank" pursuant to the principles, policies and procedures set forth in the United States Environmental Protection Agency's Federal Guidance - 18 CR99 4478044-3.001319.0242 for the Establishment, Use and Operation of Mitigation Banks, 60 Fed. Reg. 58,605 (November 28, 1995), or any other existing or future guidance,rule, or other publication relating directly or indirectly to the restoration, creations, enhancement, or preservation of wetlands for the purpose of providing compensation for adverse impacts to wetlands and other aquatic resources. To the extent that a Wetlands Mitigation Bank is created in whole or in part, on the SUBJECT PROPERTY, the CITY shall reserve and make available within the Wetland Mitigation Bank up to ten (10) acres of Credit for the benefit of the SUBJECT PROPERTY, at no cost or expense to DEVELOPER. The Wetland Mitigation Bank shall also be available to any other property owned, controlled or developed by DEVELOPER within five (5) miles from the outer extremity of the Wetland Bank at no cost or expense to DEVELOPER so long as any such property is within the corporate limits of the CITY. DEVELOPER shall be entitled to all rights associated with any and all mitigation bank credits (the "Credits") assigned to ten (10) acres of such Wetlands Mitigation Bank, and shall be entitled to use such Credits for any purpose consistent with applicable law. DEVELOPER shall have the right, in its sole discretion,to select any ten (10) acre portion, which need not be contiguous, of the Wetlands Mitigation Bank for which it will be entitled to the use of Credits pursuant to this Agreement. Based on the absence of immediately available CITY funds and in order to facilitate the coordinated design and construction of a Regional Stormwater Management Facility which may also include a Wetlands Mitigation Bank and which may include the maintenance of any wetlands currently located on portions of the SUBJECT PROPERTY, DEVELOPER shall engage a wetlands consultant ("Wetlands Consultant") to work with DEVELOPER, the CITY and other interested parties in the design of those portions of the SUBJECT PROPERTY which are wetlands or which will become wetlands or part of the Wetlands Mitigation Bank. The engagement by DEVELOPER of the Wetlands Consultant shall be subject to the prior approval of the CITY, which approval shall not be unreasonably denied, delayed or conditioned. The - 19 - CH199 4478044-3.001314.0242 CITY hereby waives any and all claims or causes of action against DEVELOPER arising directly or indirectly from the design of the Regional Stormwater Management Facility and related wetlands or any impact on the SUBJECT PROPERTY resulting from the advice or actions of the retained Wetlands Consultant in the design of the Regional Stormwater Management Facility and related wetland matters; the CITY shall look solely to the Wetlands Consultant for any liability arising directly or indirectly out of the services provided by the Wetlands Consultant. All costs and expenses in retaining the Wetlands Consultant to design and prepare plans with respect to the construction of the wetlands shall be paid by DEVELOPER subject to reimbursement, from time to time, by the CITY for all out-of-pocket costs and expenses of the DEVELOPER in retaining the Wetlands Consultant together with interest on any amount so expended at the Prime Rate of Interest published, from time to time, by The Wall Street Journal plus two percent (2%) measured from the day of expenditure until such amount is paid in full. Such amount shall be paid by the CITY to DEVELOPER from the proceeds of any revenue bond issued by the CITY, from time to time, which bond must provide for proceeds for any expenditures for the design, of the Regional Stormwater Management Facility and related wetland matters. If such a bond or bonds are not issued and funded within three (3) years from the Effective Date, the CITY shall pay to DEVELOPER such amounts as it may receive from time to time from its portion of the Sales Tax Revenue under Retailers' Occupation Tax 35 ILCS 12011 et. seq., Service Occupation Tax 35 ILCS 115/1 et. seq. and any other similar sales tax revenues in addition to or in lieu thereof received from any commercial user which is benefited by the Regional Stormwater Management Facility and included wetlands. If the DEVELOPER is not paid in full for the expense of the Wetlands Consultant on or before five(5)years from the Effective Date of this Agreement, DEVELOPER may elect to set-off as against any and all fees due the CITY or any other governmental agency(excluding, however, Yorkville School District 115's impact fees and Bristol-Kendall Fire Protection District impact fees) in connection with -20- CM99 4478044-3,001319.0242 the development and improvement of the SUBJECT PROPERTY until such amount is paid in full. In all events, any amounts due and owing to DEVELOPER under this Paragraph 9 remaining unpaid on January 31,2010 shall be due and payable by CITY on demand. 11. SECURITY INSTRUMENTS. A. Posting Security. OWNERS and DEVELOPER shall deposit, or cause to be deposited, with the CITY surety bonds ("Security Instruments)") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY, the DEVELOPER having elected to provide surety bonds consistent with Illinois law. To the extent that a Special Service Area has been established and bonds have been issued generally consistent with the provisions of Paragraph 27 hereof, no Security Instrument or guarantee shall be required to be deposited by DEVELOPER with the CITY with respect to those improvements included within such bond proceeds. The DEVELOPER shall have the sole discretion, subject to compliance with Illinois Compiled Statutes, as to whether an irrevocable letter of credit or surety bond will be used as the Security Instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY and shall relate only to those matters directly covered by each Security Instrument. The Security Instruments shall not provide for or be cross defaulted or collateralized and shall be treated and returned or reduced in accordance with this Agreement notwithstanding any issues, disputes or entitlements as to any other Security Instrument. The Corporate Authorities upon recommendation by the CITY Engineer, shall from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five percent ($5%) of the value certified by the -21 - CM99 4478W-3,00019.D242 CITY Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. If the DEVELOPER chooses to use a Special Service Area as a primary funding mechanism for the installation of public improvements, per United City of Yorkville's Resolution No. 2002-04, the OWNERS and DEVELOPER shall not be required to post any irrevocable letters of credit or surety bonds to guarantee the installation of those public improvements. Any public improvements installed by the OWNER and DEVELOPER as part of a special service area shall require OWNER and DEVELOPER to post a one-year maintenance bond equal to ten percent (10%) of the CITY engineer's reasonable opinion of probable cost after acceptance by the CITY of said public improvements. In the event DEVELOPER has deposited a Security Instrument with the CITY and the improvements covered by such Security Instrument are subsequently included in the Special Service Area and bonds issued generally consistent with the provisions of Paragraph 27 hereof, any such Security Instrument shall be returned to DEVELOPER within thirty (30)days of such bond issuable or reduced by the amount covered by such Security Instrument which is included in such bond. B. Dedication of Perimeter Roadways and On-Site Improvements, Subject to applicable governmental laws, ordinances and regulations, perimeter roadways to the Property as reflected on the Preliminary Engineering shall be dedicated, constructed, and/or bonded by DEVELOPER during independent phases of -22 - CH199 4479(44-3.061319.0242 development of the SUBJECT PROPERTY simultaneous with the approvals of the Final Plat of Subdivision which is contiguous to such perimeter roadway. On site improvements shall be dedicated, constructed and/or bonded by DEVELOPER during independent phases of development at the sole discretion of DEVELOPER; provided that the on-site roadway as shown on Exhibit "K" shall be dedicated, constructed and bonded simultaneous with the approval of the First Final Plat of Subdivision relating to any part of the SUBJECT PROPERTY. Nothing herein requires construction of elements outside of the phase of development for which Final Plat approval is sought except to the extent that any public utility improvements are required to serve the platted subject phase. C. Acce tance of Under ound Improvements and Streets. Upon completion and inspection of underground improvements, streets, and/or related improvements in each Phase of Development; and acceptance by the Corporate Authorities upon recommendation by the CITY Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the CITY Subdivision Control Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following OWNERS and DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance, and shall adopt the resolution accepting said public improvements not later than thirty(30)days following the approval of the "as built"plans. D. Transfer and Substitution. Upon the sale or transfer of any portion of the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be released from the -23 - CH199 4478044-3.001319.0242 obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY, securing the costs of the improvements set forth therein. 12. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS. Upon completion of other public improvements not constructed specific to any individual neighborhood (i.e, Park areas, offsite water main, homeowners association open space areas) in each Phase of Development; and acceptance by the Corporate Authorities upon recommendation by the CITY Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the CITY Subdivision Control Ordinance. 13. AMENDMENTS TO ORDINANCES. All and each of the Municipal Codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, comprehensive land use plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of eight(8) years from the date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said eight (8) year period, which consent may be withheld in OWNERS' and DEVELOPER's sole discretion. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the ordinances, regulations, and codes of the CITY in order to comply with the new regulations. After said eight (8) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said eight (8) year period, - 24 - CFn99 44780444.0013 f 9.0242 provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number or nature of residential building lots herein approved for the SUBJECT PROPERTY, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the SUBJECT PROPERTY being classified as non-conforming under any ordinance of the CITY. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of any improvements, buildings, appurtenances, fees or charges or any other development of any kind or character upon the SUBJECT PROPERTY, other than those upon which Development Plans may be based, are amended or modified to impose less restrictive requirements on cost, development or construction upon properties situated within the CITY's boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. 14. BUILDING CODE. The building codes and related codes and regulations of the CITY in effect as of the date of this Agreement are as set forth in Exhibit"L". These regulations as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of eight (8) years from the date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said eight (8) year period. After said eight(8) year period,the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted .25 - CH199 4478044-3.001319.0242 after the expiration of said eight (8) year period; provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number or nature of residential building units herein approved for the SUBJECT PROPERTY, alter or eliminate any of the ordinance variations provided for herein, alter the PUD standards set forth herein, nor result in any subdivided lot, structure or units constructed within the SUBJECT PROPERTY being classified as non-conforming under any ordinance of the CITY. If, during the term of tl-ds Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the development and/or construction of any improvements, buildings, appurtenances upon the SUBJECT PROPERTY are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY's boundaries,then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. Notwithstanding the provisions of this Agreement, all national amendments, deletions, or additions to the building codes of the CITY pertaining to life/safety considerations adopted after the date of this Agreement which affects all land within the CITY, shall be applicable to the SUBJECT PROPERTY upon the expiration of the six (6) month following the Effective Date of such amendments, deletion, or addition, whether during the eight (8) years next following the date of this Agreement, or any time thereafter. The CITY shall give the OWNERS and DEVELOPER a six (6)month grace period from the date they are notified of any changes to the building codes in order to comply with the new regulations. 15. FEES AND CHARGES. .. 26 - CH199 4476044-3.001319,0242 A. The Fee Schedule applicable to the SUBJECT PROPERTY as of the date of this Agreement is set forth on Exhibit "M". Any other term of this Agreement or specifically the matters noted on Exhibit "M" to the contrary notwithstanding, no "County Road Fee" shall be applicable to all or any part of the SUBJECT PROPERTY unless a valid and binding intergovernmental agreement for unified and equal County Road contributions, not to exceed One Thousand Dollars ($1,000) per unit, is in full force and effect among Kendall County and all incorporated Municipalities within Kendall County, Illinois within twelve (12) months after the Effective Date. B. One-half(%) of the applicable Yorkville Library Impact Fee shall be paid at the time of each recording of a Final Plat of Subdivision for each lot or unit included in such Final Plat of Subdivision with the balance of such Yorkville Library Impact Fee payable at the time of the issuance of each building permit. C. During the first eight (8) years following the date of this Agreement, the CITY shall impose upon and collect from the OWNERS and/or DEVELOPER, and their respective contractors and suppliers at the time of the issuance of any building permit, only those charges, costs, permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY, except as otherwise expressly provided for in this agreement on the Fee Schedule attached hereto as Exhibit "M" and no new, replacement or additional fees or donations of any kind shall be applicable to the SUBJECT PROPERTY during the term of this Agreement. At the expiration of this eight (8) year term, the CITY shall give the OWNERS and DEVELOPER a one (1) year grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and -27- CM99 4478044-3.01319.0292 charges in order to comply with the new regulations or to elect to prepay any such increased fees and charges for all units remaining to be built on the SUBJECT PROPERTY. D. Except as provided in Paragraphs 26 and 27 of this Agreement or any replacement tax to a tax in effect as of the date of this Agreement, the CITY shall not without the prior written consent of DEVELOPER: 1. Levy any special assessment, special tax or other charge against any real or personal property within the SUBJECT PROPERTY; 2. Undertake any local improvements in, on or for the benefit of the SUBJECT PROPERTY pursuant to the imposition of a special assessment or special tax against the SUBJECT PROPERTY, or any portion thereof; or 3. Levy or impose additional taxes on the SUBJECT PROPERTY, in the manner provided by law for the provision of special services to the SUBJECT PROPERTY, or to an area in which the SUBJECT PROPERTY is located, or for the payment of debt incurred in order to provide such special services. E. OWNERS and DEVELOPER shall promptly pay all outside (excludes employees of the CITY) professional fees (without markup by the CITY) incurred by the CITY through the date the SUBJECT PROPERTY is annexed to the CITY that were incurred in the preparation and administration of this Agreement, including Professional fees for engineering, planning and legal services, upon receipt of an invoice therefore from the CITY. All such fees shall be billed at fair and reasonable rates. 16. CONTRIBUTIONS. The CITY shall not require the OWNERS and DEVELOPER to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. - 28- CH199 4478044-3,DD1319,0242 17. SCHOOL AND PARK DONATIONS, OWNERS and DEVELOPER shall be responsible for making land and cash contributions to the Yorkville Community School District #115 ("School District") as set forth herein. The cash portion of the contribution to the School District shall be paid commencing with the first building permit and shall be payable at the time of the issuance of each subsequent building permit. A credit for the land portion of the contribution based upon the fair market value of the land designated and conveyed to the School District shall be applied to the required School District contribution commencing with that building permit at which the application of the credit results in the completion of DEVELOPER's obligations for contributions to the School District, OWNERS and DEVELOPER shall be responsible for making land contributions, not cash contributions, to the CITY for the benefit of Yorkville Park Department ("Park Department") of that portion of the SUBJECT PROPERTY designated on the Preliminary Plat of Subdivision in accordance with the Schedule on Exhibit "M". Any Park and/or open space shall be dedicated or conveyed subject to covenants that such parcels be forever maintained as public parks and/or open spaces for recreational and storm water management purposes. The Parks identified on Exhibit"N"as well as that portion of the Park depicted on Exhibit"N",being approximately one-third (1/3) of the Regional Park located north of Galena Road and at the east end of the SUBJECT PROPERTY, to accommodate four-six (4-6) CITY planned soccer fields shall be graded and seeded by DEVELOPER consistent with the City Park Development Standards existing on the Effective Date of this Agreement. The grading and seeding of that portion of the Regional Park located north of Galena Road at the east end of the SUBJECT PROPERTY shall be commenced simultaneous with DEVELOPER's grading and development of all or any part of the SUBJECT PROPERTY. All other improvements or matters relating to each Park identified on Exhibits "M" and "N" shall be the sole responsibility of the CITY. In addition,DEVELOPER shall pay to the CITY, simultaneous with the recording of the Final Plat -29- CH199 4478044-3.001319.0242 of Subdivision which includes any of the Parks identified on Exhibit "N", Fifty Thousand Dollars ($50,000) for each of the four (4) Parks (a total of Two Hundred Thousand Dollars ($200,000)) for the CITY's use in providing play equipment and other amenities or vegetation for each such Park. The dedication or conveyance of the land contribution for the benefit of the School District and Park Department shall be made simultaneous with the approval of the Final Plat of Subdivision relating to the residential portion of the SUBJECT PROPERTY which is contiguous to any such school or Park site; provided that in all events (a) the dedication or conveyance of land for the benefit of the School District shall take place no later than the third (3rd) anniversary of the CITY's approval of the First Final Plat of Subdivision for any part of the SUBJECT PROPERTY; (b) the dedication of land north of Galena Road for the benefit of the Park Department shall take place no later than the third (3rd) anniversary of the CITY's approval of the First Final Plat of Subdivision for any part of the SUBJECT PROPERTY north of Galena Road; (c) the dedication of land south of Galena Road for the benefit of the Park Department shall take place no later than the 3rd anniversary of the CITY's approval of the First Final Plat of Subdivision for any part of the SUBJECT PROPERTY south of Galena Road and (d) the dedication of land east of Cannonball Trail for the benefit of the Park Department shall take place no later than the third (3rd) anniversary of the CITY's approval of the First Final Plat of Subdivision for any part of the SUBJECT PROPERTY east of Cannonball Trail. The CITY recognizes and acknowledges that each parcel reflected on Exhibits "M" and "N"will have a direct impact on the owners of each improvement and unit built or to be built on the SUBJECT PROPERTY. Accordingly, the configuration of each use on each such Park, the location and nature of any improved parking lot or facility serving each such Park, the lighting of each such Park and any other similar matter relating to each and every such Park shall be subject to the prior written approval of the DEVELOPER, which approval shall not be unreasonably delayed, denied or conditioned. This right of approval shall automatically terminate upon the -30 - CM99 4478044-3.001319.0242 conveyance of the last approved improvement or unit to be constructed on the SUBJECT PROPERTY. No additional land, money donations or payments of any kind to the School District or the CITY for the benefit of the Park Department shall be required. 18. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be entitled to construct, maintain and utilize a minimum of two (2) off-site subdivision identification, marketing and location signs each containing a maximum of thirty- two square feet (32') at such locations within the corporate limits of the CITY as OWNERS and DEVELOPER may designate (individually an "Offsite Sign" and collectively the "Offsite Signs") subject to sign permit review and issuance by the CITY. Offsite Signs will not be located on public right-of-way. OWNERS and DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite Sign may be illuminated subject to approval by the CITY. In addition to the Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the SUBJECT PROPERTY as identified in Exhibit"0" attached hereto. 19. MODEL HOMES PRODUCTION UNIT'S SALES TRAILERS AND CLUBHOUSE. During the development and build out period of the SUBJECT PROPERTY (subsequent to final plat approval), OWNERS and DEVELOPER, and such other persons or entities as OWNERS and DEVELOPER may authorize, may construct, operate and maintain model homes and sales trailers within the SUBJECT PROPERTY staffed with OWNERS' and DEVELOPER's, or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices for Bristol Bay. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by OWNERS and DEVELOPER. - 31 - CHI99 4478044-3.001319.0242 Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model horne/sales trailer capable of parking three (3) cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood, shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon submission of a temporary hold harmless letter to the CITY and the Bristol- Kendall Fire Protection District.) A final inspection shall be conducted prior to the use of a model home and water shall be made available within 300' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street. Recognizing the current status of the construction and financing of the Rob Roy Interceptor Sewer and based on the multiple residential products to be constructed on the SUBJECT PROPERTY, the CITY shall permit OWNERS and DEVELOPER, subject to any other necessary governmental regulatory approval, and their duly authorized representatives, to install temporary waste water holding tanks to serve sales offices or similar temporary structures, model buildings and up to two hundred fifty (250) dwelling units constructed on the SUBJECT PROPERTY or any parcel or phase thereof, provided that each such temporary tank shall be removed and disconnected and said structures shall be connected to the sewer or other permitted waste disposal systems, at OWNERS' and DEVELOPER's sole cost, at such time as sewer - 32- CH199 4478044.3.001314.0242 become available and operational. DEVELOPER shall cause the effluent within such wastewater holding tanks to be transported, from time to time, to a receptacle designated by the CITY within no more than five (5) miles from the perimeter of the SUBJECT PROPERTY and approved by the applicable sanitary district,if required by any law or ordinance. OWNERS and DEVELOPER may locate temporary sales and construction trailers upon the SUBJECT PROPERTY during the development and build out of said property, provided any such sales or construction trailer shall be removed within two (2) weeks following issuance of the final occupancy permit for the SUBJECT PROPERTY. A building permit shall be required by the CITY for any trailer that will be utilized for sales or construction offices. Prior to the location of any sales or construction trailer on the SUBJECT PROPERTY, the OWNERS and DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the CITY's approval, which approval shall not be unreasonably denied, delayed or conditioned. OWNERS and DEVELOPER shall have the right to operate a sales office out of the Clubhouse which shall be located within the SUBJECT PROPERTY. OWNERS and DEVELOPER hereby agree to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. OWNERS and DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each phase as the Final Plat and Final Engineering for each such phase is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each phase. -33 - CIU99 4478444.3.001314.0242 20. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the SUBJECT PROPERTY as required and approved by OWNERS and DEVELOPER for development purposes. Said trailers may remain upon the SUBJECT PROPERTY until the issuance of the last final occupancy permit for the SUBJECT PROPERTY. No building permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way or within public utility easements. 21. BUILDING PERMITS AND CERTIFICATE OF OCCUPANCY. A. The CITY agrees to issue within five (5)business days after receipt of application to the CITY Building Department permits for the construction of any buildings or improvements of buildings or issue a letter of denial within said period of time informing the DEVELOPER as to wherein the application does not conform to the stated sections of the Code. If requested by DEVELOPER, building permits shall be issued by the CITY in stages to permit construction of the foundation and building shell before approval of the final plans. The CITY shall not limit the number of building permits which may be issued or the time of issuance of building permits during the term of this Agreement. B. DEVELOPER shall have the right to submit master building blueprints or plans for the various types and designs and dwellings to be constructed on the SUBJECT PROPERTY. Following the approval of any master building blueprints or building plans, no further submission or approval of building blueprints or plans will be required for the issuance of a building permit for the construction of any building pursuant to an approved master building blueprint or - 34 - CM99 4479044-3.001319.0242 building plan unless the building permit application reflects major deviations from the approved master building blueprint or building plan. C. The CITY agrees to issue certificates of occupancy promptly upon notification therefore or promptly issue a letter of denial informing the applicant in writing and specifying in detail as to what corrections are necessary as a condition to the issuance of a certificate of occupancy and quoting the Section of the Ordinance relied upon by the CITY in its request for correction. Failure to issue such written denial in such time period shall constitute an approval of the application and such certificate shall be deemed issued instanter. The CITY shall not limit the number of Certificates of Occupancy or the time of issuance of Certificates of Occupancy during the term of this Agreement. Temporary occupancy permits shall be issued when adverse weather conditions do not permit outside painting, landscaping, sidewalks, driveways, or final grading for individual homes. Final surfacing of driveways also may be deferred for weather conditions. Such painting, landscaping, sidewalks, grading and driveway construction shall be accomplished or installed as soon as weather permits. Such additional temporary permits that may be required due to adverse weather conditions shall not be unreasonably withheld. The CITY shall grant individual occupancy permits to multi-tenant commercial buildings or in multifamily residential buildings on a store-by-store or unit-by-unit basis, but no such permit shall be issued unless work on portions of such commercial buildings or residential buildings has advanced to the point that the individuals using the portions of such buildings for which the certificates are to be issued will not be endangered by construction in progress and the building is safe for the area occupied. - 35 - C099 447BO44-3.00 1319.o2a2 D. The CITY hereby agrees to issue no stop orders directing work stoppage on buildings or other development without setting forth the section of the CITY Municipal Code allegedly violated by OWNER, and OWNER may forthwith proceed to correct such violations as may exist. Other work may continue on any structure subject to a stop order after reinspection by the CITY indicates the violation has been corrected. 22, OVERSIZING OF IMPROVEMENTS. In the event oversizing and deepening of public improvements is hereafter requested and properly authorized by the CITY for the purpose of serving property other than the SUBJECT PROPERTY, the CITY shall enter into a Recapture Agreement, as defined in Paragraph 24A hereof, with OWNERS or DEVELOPER, as the case may be, providing for the payment of the cost of such oversizing by the owners of properties benefited by the same. The improvements which qualify as oversized and the identity of the benefited properties shall be identified at the time of approval of Final Engineering for each phase of development. A phase could include more than one neighborhood. 23. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65. Section 5111-12-8 of the Illinois Compiled Statutes (2002) ed., shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public purposes, except as otherwise provided in this Agreement or identified on the Preliminary Plat. 24. RECAPTURE AGREEMENTS. A. Benefiting the SUBJECT PROPERTY. The CITY agrees that in accordance with Chapter 65, Section 519-5-1 et.seq. of the Illinois Compiled Statutes, 2002 Edition, the CITY shall enter into recapture agreements with the OWNERS and DEVELOPER for a portion of the costs of certain public improvements constructed by OWNERS and DEVELOPER which the CITY has determined may be used for the benefit of property (`Benefited Properties") not located -36- CH199 4478044-3.001319.9242 within the SUBJECT PROPERTY which will connect to and/or utilize said public improvements and to implement, if applicable, the provisions of Paragraphs 9 and 10 of this Agreement. Each Recapture Agreement shall be substantially in the form as attached hereto and incorporated herein as Exhibit "P". B. Encumbering the UBJECT PROPERTY. Except as otherwise expressly provided in this Agreement, CITY represents and warrants that there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the SUBJECT PROPERTY which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNERS and DEVELOPER, or their successors, upon connection of the SUBJECT PROPERTY to any of such public utilities, nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will effect the SUBJECT PROPERTY. DEVELOPER acknowledges receipt of three (3) pages of the Grande Reserve Annexation Agreement attached hereto as Exhibit "0" which provides for the potential for recapture or recovery from DEVELOPER for a portion of the water system to be constructed by the developer of the Grande Reserve parcel. 25. ARCHITECTURE STANDARDS AND COVENANTS. The general architecture for the improvements within the residential neighborhoods are attached hereto and described in Exhibit "R" being the architectural renderings provided by the DEVELOPER and Exhibit "S" being the last draft, not yet adopted, of the proposed citywide architectural control ordinance. Residential improvements shall be constructed substantially consistent with the least restrictive of the matters reflected on Exhibit "R" and Exhibit "S" or as modified by DEVELOPER with the CITY's prior consent. The OWNERS and DEVELOPER agree to - 37 - CFD99 4476044-3.001319.4242 adhere to any citywide architectural control ordinances hereafter adopted by the CITY except to the extent that any of its provisions are more restrictive than Exhibit."R" and/or Exhibit "S". The OWNERS and DEVELOPER agree to impose covenants, conditions and restrictions relating to fagade materials, accessory structures and other building restrictions at the time of final plat submittal for each unit. Further, OWNERS and DEVELOPER agree to follow the existing anti- monotony policy of the CITY regarding the exterior elevations of the buildings such that no single-family detached homes with the same building elevations can be constructed next to, across the Street, or catty-corner from another like building elevation. The OWNERS and DEVELOPER shall include provisions in the covenants to provide that the Homeowners Association shall be responsible for the maintenance of landscaping within the perimeter landscaping easements, signage provided on the SUBJECT PROPERTY, and other obligations as determined at the time of final platting and as referenced in Paragraph 24 of this Agreement. 26. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA(DSSA). A. Homeowners Association. OWNERS and DEVELOPER shall establish through a declaration of covenants, conditions and restrictions, one (1) or more Homeowners Association ("Association(s)") of all lot owners within the SUBJECT PROPERTY and a mandatory membership of all lot owners in the Association. The Association shall have the primary responsibility and duty to Carry out and pay for the Common Facilities Maintenance through assessments levied against all dwelling units within the SUBJECT PROPERTY. A maintenance easement shall be established over all of the Common Facilities located on the Final Plat for each Phase of Development for the Association that undertakes responsibility for the Common Facilities Maintenance. The - 38 - CH199 4478044-3.001319.(1242 Association will be responsible for the regular care, maintenance, renewal and replacement of the Common Facilities including stormwater detention areas and without limitation, the mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition, and shall utilize the Association to provide sufficient funds to defray the costs of such maintenance and to establish reserve funds for future repairs and replacements. R. Dormant S ecial Service Area. OWNERS and DEVELOPER agree to the CITY enacting at the time of final plat approvals a Dormant Special Service Area ("DSSA')to act as a back up in the event that the Homeowner's Association fails to maintain the private common areas, detention ponds, perimeter landscaping features, and entrance signage within the SUBJECT PROPERTY. 27. ESTABLISHMENT OF SPECIAL SERVICE AREA AS PRIMARY FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND BANK QUALIFIED DEBT. At the OWNERS' and DEVELOPER' s request, the CITY will agree to establish a special service area ("SSA") in an amount estimated to be approximately Forty-Five Million Dollars ($45,000,000) but in no event greater than Seventy Million Dollars ($70,000,000) to be utilized as a primary funding mechanism for installation of public improvements generally consistent with existing CITY Resolution 2002-04 and permitting only those Eligible Infrastructure Costs set forth on the CITY Special Tax Bond Policy together with the value of the land within dedicated rights-of-way; provided, that portion of the SUBJECT PROPERTY zoned for commercial use, agricultural use or designated on the Preliminary Plat for a clubhouse, firestation, school or park site, shall not be part of the SSA. The CITY and DEVELOPER shall cooperate in good faith to identify and agree on an appropriate structure for -39 - CM99 4478044-3.001319.0242 the financing, which the CITY and DEVELOPER currently believe will consist of a special service area pursuant to 35 ILCS 200127-5 et sea., but which may be authorized and implemented under other legal frameworks acceptable to the CITY and DEVELOPER. The burden of the assessment is limited to and shall be paid by only those future property owners within the SUBJECT PROPERTY. OWNER and DEVELOPER agree to establish a customer service line and shall educate subsequent sales staff personnel and the public regarding any special service area established pursuant to 35 ILCS 200127-5 et sera.. the cost of which shall be included in any administrative fee associated with the special service area. The parties recognize that the CITY is eligible to issue Ten Million Dollars ($10,000,000) per year in bank qualified debt. The CITY wants to preserve the right to issue debt in excess of this amount. The Parties understand that if the CITY issue debt in an amount greater than Ten Million Dollars ($10,000,000) ("Non-Bank Debt") in a given year including special assessment bonds, then the Non-Bank Debt will be subject to a general market interest rate as opposed to a bank qualified interest rate, The parties further understand that the general market interest rate may be higher than the bank qualified interest rate. DEVELOPER agrees that in the event that the SSA bonds are issued in any calendar year and the CITY in that same calendar year determines in its sole discretion that it must issue Non- Bank Debt because of the issuance of the SSA bonds, then DEVELOPER shall pay any additional costs associated with the CITY's Non-Bank Debt that results from the issuance of the SSA bonds, including but not limited to, additional financing costs. If in the same calendar year the CITY issues special assessment bonds for another developer, DEVELOPER shall pay its pro- rata share of the additional costs incurred by the CITY to issue Non-Bank Debt based on the amount of its SSA bond issue in proportion to the total amount of special assessment bonds issued in that calendar year or other bonds issued by the CITY for any other parcel, party or otherwise. This pro-rata share shall be determined at the end of the calendar year in which the -40- CM99 4478044.3.001319.0242 Non-Bank Debt is issued by the CITY. Payment of the share shall be equal to the present value of the additional cost incurred by the CITY calculated by using the true interest rate on the CITY's Non-Bank bonds. For purposes of calculating the additional cost incurred by the CITY, the general market interest rate and bank qualified interest rate shall be reported by Griffin, Kubik, Stephens & Thompson, Inc. ("GKST"), 300 Sears Tower, 233 South Wacker Drive, Chicago, IL 60606, or as otherwise agreed by the Parties. These rates shall be determined as of the date that the Non-Bank Debt is issued by the CITY. As of the Effective Date of this Agreement, GKST reports the current general market interest rates and bank qualified interest rates on its web site located at www.gkst.corn under the section entitled"Market Card". 28. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the SUBJECT PROPERTY, OWNERS and DEVELOPER determine that any existing utility easements and/or underground lines require relocation to facilitate the completion of DEVELOPER's obligation for the SUBJECT PROPERTY in accordance with the Development Plans, the CITY shall fully cooperate with OWNERS and DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be bome by the OWNERS and DEVELOPER. If any easement granted to the CITY as a part of the development of the SUBJECT PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the SUBJECT PROPERTY as reflected on the Development Plans and in this Agreement, the CITY shall fully cooperate with OWNERS and DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by OWNERS and DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNERS and DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. If any existing overhead utilities are required to be relocated or -41 CH199 4476044-3.D0]319.0242 buried on perimeter roads that are the responsibility of the DEVELOPER reflected on the preliminary engineering plans, the CITY agrees to be the lead agency in the relocation of those utilities. Upon OWNER and DEVELOPER's request, the CITY will make the request to have overhead utilities relocated. In the event there is a cost to the DEVELOPER associated with burying what had been overhead utility lines, the DEVELOPER shall have the right to mane the determination as to whether the utility lines will be buried or re-located overhead. 29. CITY'S MUNICIPAL SERVICES. In addition to the matters specifically described in this Agreement, the CITY agrees, without additional charge, to provide the SUBJECT PROPERTY with such municipal services as are provided generally to the public to comparable properties located within the CITY. 30. DISCONNECTION. OWNERS and DEVELOPER shall develop the SUBJECT PROPERTY as a subdivision to be commonly known as the Bristol Bay Subdivision in accordance with the Final Plat and Final Engineering approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNERS or DEVELOPER of said SUBJECT PROPERTY, petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 31. SALE OF SUBJECT PROPERTY. It is expressly understood and agreed that the OWNER or DEVELOPER may sell or convey all or any part of the SUBJECT PROPERTY for the purposes of development for resale, and upon each sale or conveyance, the purchaser shall be bound by and entitled to the benefits of this Agreement with respect to the part of the SUBJECT PROPERTY sold or conveyed. The OWNER or DEVELOPER shall notify the CITY of such purchase or agreement or assumption of responsibilities. A selling OWNER of all or any portion of the SUBJECT PROPERTY, however, shall be released of its prospective obligations under this Agreement only where: -42- CH199 4479044.3.001319.0242 1. Provision has been made that all improvements required by this Agreement or CITY ordinance for the development of the portion of the SUBJECT PROPERTY being sold will be installed and guaranteed in accordance with this Agreement and the ordinances of the CITY; and 2. The CITY has remaining in place guarantees of performance to assure the CITY that any development responsibilities not yet satisfactorily completed by the OWNER or DEVELOPER anywhere on or offsite of the SUBJECT PROPERTY will be completed; and 3. Any outstanding monetary obligations of the OWNER or DEVELOPER due and payable to the CITY as of the time of conveyance have been satisfied in full; and 4. There is no uncured violation of the Municipal Code or this Agreement. 5. From and after the date of the release of a selling owner or the Developer, any future obligations under this Agreement relating to the parcel conveyed shall be solely the obligations of the purchaser and relate only to the parcel conveyed to such purchaser. Any future defaults by Such purchaser under the terms of this Agreement or the failure of such purchaser to abide by any and all applicable laws,ordinances or regulations shall be enforced solely against such purchaser and the parcel acquired by' such purchaser and shall not in any way impair the other owners of all or any part of the Property from continuing to develop, sell or convey all or any part of the Property and/or impair the issuance of permits or certificates of occupancy for improvements on the Property not owned by such purchaser. - 43 - CM99 4476044.3.00!319.0242 32. SPECIAL PROVISIONS FOR THE BERTRAM HOMESTEAD. The structures currently located on that portion of the property zoned A-1 commonly referred to as the Bertram Homestead and legally described on Exhibit"T" ("Bertram Homestead") shall not be demolished or substantially altered by DEVELOPER without the prior consent of the CITY, which consent may be withheld in the CITY's sole discretion. The Bertram Homestead is not the subject of the Planned Unit Development affecting other portions of the SUBJECT PROPERTY. Any other term of this Agreement to the contrary notwithstanding, DEVELOPER shall maintain the structures located on the Bertram Parcel in substantially the same condition existing on the date of this Agreement, ordinary wear and tear or casualty excepted provided DEVELOPER shall have no obligation to rebuild, repair, replicate or replace all or any part of any current structures currently located on the Bertram Homestead in the event of a casualty. The CITY shall provide to DEVELOPER a detailed written baseline report as to the condition of the Bertram Homestead as of the Effective Date. The Bertram Homestead shall include as a permitted zoning use: sales of antiques as well as sales yards and greenhouses,both wholesale or retail, for agricultural products including, but not necessarily limited to, fruits,vegetables, flowers,plants, etc. 33. GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the Parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is -44 - CM99 4476(U44.3.001319.0242 understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding,the obligations and duties of OWNERS and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of an empty or improved lot or a lot improved with one or more dwelling units who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. Fair Agreement. This Agreement contains all the terms and conditions agreed upon by the Parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the Parties. The Parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the Parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed facsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: (I) If to OWNERS or Centex Homes—Illinois Division DEVELOPER: 2205 Point Boulevard Elgin,Illinois 60124 Attn: Kris L. Anderson -45 . CM99 4476444-3.001319.0242 with copies to: Centex Homes—Midwest Division 14850 Scenic Heights Road Suite 125 Eden Prairie,MN 55344 Attn: Joel S. Reed McDermott Will &Emery LLP 227 West Monroe Street 47th Floor Chicago,IL 60606 Attn: Fred I. Feinstein, P.C. (II) If to City: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville,IL 60560 Fax: (630) 553-7575 with a copy to: Wyeth Heitz&Bromberek 300 E.Fifth Avenue, Suite 380 Naperville, IL 60563 Attn: John J. Wyeth or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other Parties. E. Seue:abil ty. This Agreement is entered into pu.*suant to the provisions of Chapter 65, Sec. 5111-15.1-1, et seg., Illinois Compiled Statutes (2002 ed.). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part,portion, clause,word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT PROPERTY. -46 - CM99 4475044-3.001319 0242 F. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the Parties, pursuant to applicable provisions of the CITY Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the SUBJECT PROPERTY not effected by such Agreement. G. Conve ances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the SUBJECT PROPERTY,whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or assigns, to develop the SUBJECT PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and CITY Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty (20) years as to that portion of the SUBJECT PROPERTY not within the corporate limits of the CITY as identified on Exhibit "A" and the maximum time permitted by Illinois law, not to exceed twenty (20) years, as now applicable to those portions of the SUBJECT PROPERTY previously annexed to the CITY. In the event the annexation of the SUBJECT PROPERTY, the classification of the SUBJECT PROPERTY for zoning purposes or other terms of this Agreement are challenged in any court proceeding, the period of time during which such litigation is - 47 - CM99 4476044-3.001319.0242 pending, shall extend the term of this Agreement day-for-day for the date of the filing of such action to and including the date of any final nonappealable order. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. J. Cautions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds,Kendall County, Illinois, at OWNERS and DEVELOPER's expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts,. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. N. No Moratorium.The CITY shall not limit the number of building or other permits that may be applied for within any approved phase due to any CITY unposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the subdivision. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, Yorkville-Bristol Sanitary District, or Fox Metro Water Reclamation District or any other governmental agency that preempts the authority of the United City of Yorkville. -46 - CHM 447 BW4-3.001319.0242 0. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all Parties hereto. P. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, the CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or federal regulatory bodies. Q. Exhibits. All exhibits referenced herein are attached hereto and made a part hereof. R. Annroyals. When the approval of OWNERS, DEVELOPER or CITY is required or contemplated by the terms of this Agreement, such approval shall not be unreasonably withheld, delayed or denied unless specifically provided to the contrary in this Agreement. S. Release of OWNERS. At such time as the OWNERS have conveyed all of their respective parcel to DEVELOPER, from, and after the date of such conveyance the OWNER shall not any longer be entitled to the benefits or be responsible for the obligations or indemnities for acts or omissions occurring subsequent to OWNER's conveyance of their respective parcels set forth herein provided in no event shall any indemnity of DEVELOPER be terminated by any sale or conveyance of all or any part of the SUBJECT PROPERTY. T. Liquor Licenses. The CITY shall not limit the number of liquor licenses for the sale and/or consumption, as the case may be, of alcoholic beverages in establishments on the SUBJECT PROPERTY provided (i) that each applicant for - 49 - C U99 4478644.9.001319.0242 a liquor license must meet each and every provision of the CITY's liquor control ordinance including the number of total permitted liquor licenses and the Liquor Control Act of 1934 (235 ILCS 511-1 et. seq.) relating to applications, qualifications, regulations and restrictions for operators of establishment serving, dispensing or selling alcoholic beverages and (ii) nothing herein shall limit the legal discretion of the Mayor, as liquor commissioner, and the CITY from denying the issuance of any liquor license. U. Cam. When the term the CITY is used herein it shall be construed as referring to the Corporate Authorities of the CITY unless the context clearly indicates otherwise. V. Facilitation of Development. It is understood and agreed that the successful consummation of this Agreement and the development of the SUBJECT PROPERTY in the best interests of all the Parties requires their continued cooperation. DEVELOPER hereby evidences its intention to fully comply with all CITY requirements, its willingness to discuss any matters of mutual interest that may arise, and its willingness to assist the CITY to the fullest extent possible. The CITY does hereby evidence its intent to,when requested, always cooperate in the resolution of mutual problems, and its willingness to facilitate the development of the SUBJECT PROPERTY, as contemplated by the provisions of this Agreement, including but not limited to assisting DEVELOPER in obtaining all governmental approvals or permits necessary or desirable for the development of the SUBJECT PROPERTY in accordance with this Agreement from all federal, state, county and other governmental or quasi-governmental entities, including but not limited to the Illinois Department of Transportation, the Illinois Environmental Protection Agency and/or the Army Corps of Engineers. - 50 - CM99 4478044-3,00M9.0242 To the extent permitted by law, at the request of the DEVELOPER, the CITY shall utilize its power of eminent domain to acquire such properties or rights as may be necessary, appropriate or desirable to implement the construction and/or operation of the SUBJECT PROPERTY, or any adjacent property owned or controlled by DEVELOPER. DEVELOPER shall indemnify, defend and hold the CITY harmless from and against all expenses and costs in connection with or in any way related to the utilization by the CITY of its power of eminent domain and in the acquisition of such properties or rights including, without limitation, the cost of acquisition. In the event, or during the term of this Agreement, DEVELOPER acquires additional property contiguous to the SUBJECT PROPERTY and petitions to annex such property to the CITY, the CITY shall cooperate in annexing such additional property to the CITY under terms generally consistent with the terms of this Agreement; provided, that such annexation is in compliance with then existing applicable laws and regulations. The terms of any annexation agreement with respect to any such properties shall be subject to the reasonable approval of DEVELOPER and the CITY, such approval not be unreasonably delayed or denied, W. Electric, Gas. Telephones and Cable TV. The installation of the necessary and appropriate onsite electric,natural gas, cable,television, and telephone services to the SUBJECT PROPER'T'Y shall be pursuant to the requirements of such utility companies or pursuant to the agreement of the CITY with such entities. The CITY agrees to cooperate with the OWNERS to permit the extension of all such utilities along existing public right-of-ways and/or CITY owned property and otherwise allow the extension of all necessary utilities to the SUBJECT PROPERTY or any parcel or phase thereof. - 51 - CH199 4476044-3.001319.4242 X. All Action Taken. The CITY hereby represents and warrants to DEVELOPER that it has taken all action required by law, including the holding of such public hearings as may be required,to bring about the amendments and exceptions to the CITY Zoning Ordinance, the CITY Subdivision Ordinance and other related ordinances, and the adoption of such other ordinance amendments, exceptions and variances, as may be necessary or proper in order to zone and classify the SUBJECT PROPERTY, so as to enable the same to be used and developed as contemplated herein and to enable the Parties to execute this Agreement and fully carry out all the covenants, agreements, duties and obligations created and imposed by the terms and conditions hereof Y. Agreement Mutually Prepared. This Agreement has been the subject of negotiations and has been prepared by counsel for the CITY as well as counsel for the DEVELOPER and OWNERS and neither shall be construed as the sole author of this Agreement. Z. Integration. This Agreement supersedes all prior agreements and negotiations between the Parties and sets forth all promises, inducements, agreements, conditions, and understandings between and among the Parties relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, expressed or implied, between or among them, other than as are herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless reduced in writing and signed by them or their successors in interest or their assigns. - 52- CHi99 4476044.3,00 1319.0242 AA. Annexation Challenge. If for any reason and at any time, the annexation of the SUBJECT PROPERTY to CITY or the terms of this Annexation Agreement is legally challenged by any person or entity by an action at law or in equity, CITY shall: (i) cooperate with the OWNERS and DEVELOPER in the vigorous defense of such action through all proceedings, including any appeals, and (ii) take such other actions as may be then or thereafter be possible pursuant to the Illinois Municipal Code to annex the SUBJECT PROPERTY and/or other properties to CITY so that the annexation of the SUBJECT PROPERTY to CITY can be sustained and/or effected under the terms of this Annexation Agreement. BB, Amendment. This Agreement may be amended only by the mutual consent of the Parties, by adoption of an ordinance by the CITY approving said amendment as provided by law, and by the execution of said amendment by the parties or their successors in interest. The Parties acknowledge that certain future amendments may affect only a portion of the Property. In such event, this Agreement may be amended by written agreement between the CITY and the legal owner of fee title to that portion of the SUBJECT PROPERTY which is subject to and affected by such amendment as provided by law; provided, that such amendment, if not executed by the then owner of other portions of the SUBJECT PROPERTY, shall in no manner alter, amend, or modify any of the rights, duties or obligations as set forth in this Agreement as they pertain to such other portions of the SUBJECT PROPERTY. CC. Remedies. Unless otherwise expressly provided herein, in the event of a material breach of this Agreement, the Parties agree that the defaulting Party shall have 30 days after notice of said breach to correct the same prior to the non-defaulting Party's seeking of any remedy provided for herein. If such breach cannot be - 53 - CM99 4478044-3.001319.0242 corrected within 30 days, the non-defaulting Party shall not seek to exercise any remedy provided for herein as long as the defaulting Party has initiated the cure of said breach and is diligently prosecuting the cure of said default. In the event the performance of any covenant to be performed hereunder by any Party is delayed for causes which are beyond the reasonable control of the Party responsible for such performance(which causes shall include, but not be limited to, acts of God; inclement weather conditions; strikes; material shortages; lockouts; the revocation, suspension or inability to secure any necessary governmental permit, license, or authority; and any similar cause) the time for such performance shall be extended by the amount of time of such delay. All reasonable legal feels and costs incurred by a Party in enforcing remedies under this Agreement or in defending an enforcement action under this Agreement shall be paid by the non- prevailing Party. - 54 - CM99 4478044-3.001319.0242 IN WITNESS WHEREOF, the Parties hereto have set their hands and seals to this Agreement as of the day and year first above written. CITY: UNITED CITY OF YORKVILLE, an Illinois lilt icipal corporation By: l/ i> % rte—_« ;';`'';i ''r �.;'•,, Title: Mayor? J '•::;. Attest; Tie; City I rk E V E L'0 P E4 ItS: ``... Centex Homes By: Centex Real Estate Corporation, a Nevada Corporation, Managing General Partner 1' "r,I ,,�` Danie L. Star, President Illinois Division Dated: S�- CHJ44 4478044.3 0013 19 0242 D C/T� Reviewed By: Agenda Item Number J� a 000 Legal ❑ OA Finance ■ EST. � .� 1 1836 Engineer El_ Tracking Number 4 �� City Administrator El 1�4 Consultant ❑ ADM 2010-21 ❑ Agenda Item Summary Memo Title: Monthly Treasurer's Report for March 2010 Meeting and Date: City Council 618110 Synopsis: Council Action Previously Taken: Date of Action: Admin 4115/10 Action Taken: Discussion—moved forward to City Council Item Number: NB #2 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Susan Mika Finance Name Department Agenda Item Notes: United City of Yorkville Kendall County, IL Monthly Treasurer's Report Financial Summary As of March 31, 2010 Beginning March March Ending FYTD FY Budgeted FYTD FY Budgeted Fund Balance Revenues Expenses Balance Revenues Revenue Expenses Expenses 01 General (1,750,624) 761,311 875,367 (1,864,680) 7,682,750 11,488,253 10,942,968 11,488,252 11 Fox Hill SSA 2,346 - 119 2,226 19,463 11,906 3,577 20,000 12 Sunflower SSA 6,307 - 119 6,188 13,461 15,925 8,372 23,000 15 Motor Fuel Tax 267,181 31,738 28,604 270,315 372,809 725,268 403,428 646,436 16 Municipal Building (594,624) 600 - (594,024) 9,150 (490,924) 42,900 57,200 20 PD Capital 206,634 1,590 910 207,314 37,666 215,296 6,203 215,296 21 PW Capital 159,832 2,550 6,858 155,524 45,400 162,295 85,971 139,000 22 Parks&Ree Equip Capital 77,631 7 9,073 68,565 51,885 - 9,073 - 23 City Wide Capital (43,778) 300 - (43,478) 149,700 228.683 100,000 418,000 42 Debt Service (112,071) 125 - (1 l 1,946) 369,248 482,294 481,194 482,294 51 Water Ops.&Imprv. 15,900,082 14,984 102,529 15,812,537 1,460,180 2,045,275 1,677,754 2,041,625 52 Sewer 5,864,103 1,991 28,063 5,838,030 1,752,299 2,499,700 1,850,168 1,954,752 72 Land Cash (369,894) 3,077 5,000 (371,817) 218.122 159,980 294,093 159,980 79 Parks&Recreation 282,613 94,661 79,508 297,765 1,424,527 1,389,125 1,070,651 1,389,125 80 Recreation Center (115,775) 49,461 64,038 (130,352) 528,896 618,600 581,619 695,748 82 Library 795,371 4,186 75,553 724,004 1,275.991 2,269,127 1,351,048 2,269,127 85 Fox Industrial 423,349 l - 423,350 216,720 202,663 79,013 202,664 87 Countryside TIF Project 2,476,664 538 - 2,477,202 13,916 2,807,845 308,867 2,807,845 88 Downtown TIF 136,294 - - 136,294 88,550 122,170 1,832 122,170 95 Trust&Agency 73,794 7,741 - 81,535 6,684,825 - 6,842,383 - Totals 23,685,434 974,861 1,275,742 23,384,552 22,415,559 24,953,482 26,141,1 L0 25,132,514 Note:Revenue deficit to he offset with fund balance. As Treasurer of the United City of Yorkville,I hereby attest,to the best of my knowledge,that the information contained in this Treasurer's Report is accurate as of the date detailed herein. Full detail information is available in the Finance Department. William Powell,Treasurer Fund Balance Reserve Mar-10 Feb-10 Jan-10 Dec-09 Nov-09 Oct-09 Sep-09 Aug-09 General Fund -16.23% -15.24% -11.93% -3.48% 2.24% 12.39% 16.04% 8.93% Water Ops.&Imprv, 774.51% 778.80% 772.76% 778.36% 790.71% 819.60% 815.97% 818.28% Sewer Ops.&Imprv. 298.66% 299.99% 305.22% 314.62% 324.94% 178.81% 153.77% 13230% Combined Fund Balance 127.78% 129.25% 131.57% 139.70% 146.94% 139.8% 138.90% 131.21% Prepared by: Rachel Wright Reviewed By: Agenda Item Number J= r 4 M � � •n Legal ❑ .�i� Finance ❑ EST. � 1836 Engineer El Tracking Number 0� jl< ,i City Administrator ❑ 4 Consultant ❑ PS 2010-09 ALE ��'� ❑ Agenda Item Summary Memo Title: Police Reports for April 2010 Meeting and Date: City Council 618110 Synopsis: Council Action Previously Taken: Date of Action: PS 5127110 Action Taken: Discussion—moved forward to City Council Item Number: NB #1 Type of Vote Required: Council Action Requested: Submitted by; Molly Batterson Police Name Department Agenda Item Notes: i Yorkville Police Department Incident Report Summary K April 13, 2010 through May 13, 2010 gL Report #10-0817 to #10-1048 e_ E Report# Date Offense Location 2010-00000817 04/13/2010 0460- BATTERY 1900 BLK.S.BRIDGE STREET 2010-00000818 04/13/2010 2480-SUSPENDED/REVOKED DL ROUTE 34/ISABEL DRIVE 2010-00000819 04/13/2010 1137- INDENTITY THEFT 800 BLK. PARKSIDE LANE 2010-00000820 04/13/2010 8077 -CHILD SAFETY SEAT CHECK DESK REPORT 2010-00000821 04/13/2010 9564-ACCIDENT- PROPERTY ROUTE 126/ROUTE 47 2010-00000822 04/13/2010 9564-ACCIDENT- PROPERTY GAME FARM ROAD/SOMONAUK STREET 2010-00000823 04/13/2010 9071-CITIZEN ASSIST DESK REPORT 2010-00000824 04/14/2010 0625 - RESIDENTIAL BURGLARY 200 BLK. GREENBRIAR ROAD 2010-00000825 04/14/2010 0820-THEFT$300 AND UNDER 100 BLK. E.HYDRAULIC AVENUE 2010-00000826 04/14/2010 9020-SUSPICIOUS CIRCUMSTANCES 1100 BLK.S.BRIDGE STREET 2010-00000827 04/14/2010 9513 - MOTORIST ASSIST-LOCKOUT 300 BLK. ILLINI DRIVE 2010-00000828 04/14/2010 9071- CITIZEN ASSIST DESK REPORT 2010-00000829 04/14/2010 9513 - MOTORIST ASSIST-LOCKOUT 900 BLK. MILL STREET 2010-00000830 04/14/2010 9071-CITIZEN ASSIST 500 BLK. REDBUD DRIVE 2010-00000831 04/15/2010 0486- DOMESTIC BATTERY 2500 BLK. OVERLOOK COURT 2010-00000832 04/15/2010 9513 MOTORIST ASSIST-LOCKOUT 900 BLK. OMAHA DRIVE 2010-00000833 04/15/2010 1310-CRIMINAL DAMAGE PROPERTY 700 BLK. E.VETERANS PARKWAY 2010-00000834 04/15/2010 9005 -ASSIST GOVERNMENT AGENCY DESK REPORT 2010-00000835 04/15/2010 1310-CRIMINAL DAMAGE PROPERTY 10.0 BLK. E.HYDRAULIC AVENUE 2030-00000836 04/15/2010 8041-ACCIDENT- HIT AND RUN 0 BLK. CANNONBALLTRAIL 2010-00000837 04/16/2010 9571-ACCIDENT- MUNICIPAL VEH 800 BLK. GAME FARM ROAD 2010-00000838 04/15/2010 1310-CRIMINAL DAMAGE PROPERTY 200 BLK. E.MAIN STREET 2010-00000839 04/15/2010 9808-CANINE TRAINING 800 BLK. GAME FARM ROAD 2010-00000840 04/15/2010 9513 -MOTORIST ASSIST-LOCKOUT 500 BLK. S.BRIDGE STREET 2010-00000841 04/16/2010 1811- POSS CANNABIS <30 GRAMS CANNONBALL TRAIL/ROUTE 47 2010-00000842 04/16/2010 6650- IMPROPER DISPLAY OF REG ROUTE 126/PENNMAN ROAD 2010-00000843 04/16/2010 0810-THEFT OVER$300 300 BLK. E.MAIN STREET 2010-00000844 04/16/2010 1310-CRIMINAL DAMAGE PROPERTY 900 BLK. N.BRIDGE STREET 2010-00000845 04/16/2010 0860- RETAIL THEFT 200 BLK. E.VETERANS PARKWAY 2010-00000846 04/16/2010 9564-ACCIDENT- PROPERTY MILL STREET/E.VAN EMMON STREET 2010-00000847 04/16/2010 0810-THEFT OVER $300 400 BLK. E.MAIN STREET 2010-00000848 04/16/2010 9513 - MOTORIST ASSIST-LOCKOUT 1400 BLK. N.BRIDGE STREET 2010-00000849 04/16/2010 9562 -ACCIDENT- INJURY 2800 BLK. N.BRIDGE STREET 2010-00000850 04/17/2010 2470- NO DRIVER'S LICENSE ROUTE 34/CANNONBALL TRAIL 2010-00000851 04/17/2010 9562-ACCIDENT- INJURY GALE_ NA ROAD/BEECHER ROAD EAST 2010-00000852 04/17/2010 1360-CRIM TRESPASS VEHICLE 100 BLK. E.VETERANS PARKWAY 2010-00000853 04/17/2010 1740-RUNAWAY- MRAI 2800 BLK. CRANSTON CIRCLE 2010-00000854 04/17/2010 1310-CRIMINAL DAMAGE PROPERTY 100 BLK. E.SOMONAUK STREET 2010-00000855 04/17/2010 9083-ASSIST AMBULANCE 100 BLK. BERTRAM DRIVE 2010-00000856 04/17/2010 9564-ACCIDENT- PROPERTY JOHN STREET/WILLOW WAY 2010-00000857 04/17/2010 1310-CRIMINAL DAMAGE PROPERTY 300 BLK. E.SOMONAUK STREET 2010-00000858 04/18/2010 9513 - MOTORIST ASSIST-LOCKOUT 1400 BLK. N.BRIDGE STREET 2010-00000859 04/18/2010 0460- BATTERY 500 BLK:S.BRIDGE STREET 1 of Yorkville Police Department Incident Report Summary aA Y April 13, 2010 through May 13, 2010 � N1 E'. Report #10-0817 to #10-1048 •, �E Report# Date Offense Location 2010-00000860 04/18/2010 9004-ASSIST OTHER POLICE DEPT ROUTE 47/ROUTE 71 2010-00000861 04/19/2010 2480-SUSPENDED/REVOKED DL BERTRAM DRIVE/MARQUETTE STREET 2010-00000862 04/19/2010 9083-ASSIST AMBULANCE 100 BLK. PARK STREET 2010-00000863 04/19/2010 9061- LOST ARTICLES 800 BLK. CANYON TRAIL 2010-00000864 04/19/2010 2470- NO DRIVER'S LICENSE ROUTE 34/CANNONBALL TRAIL 2010-00000865 04/19/2010 0460- BATTERY 900 BLK. PRAIRIE CROSSING DRIVE 2010-00000866 04/20/2010 2480-SUSPENDED/REVOKED DL ROUTE 34/CANNONBALL TRAIL 2010-00000867 04/20/2010 1710- ENDANGER LIFE OF CHILD 100 BLK. COLONIAL PARKWAY 2010-00000868 04/20/2010 9513- MOTORIST ASSIST-LOCKOUT 0 BLK.W.COUNTRYSIDE PARKWAY 2010-00000869 04/20/2010 9005 a ASSIST GOVERNMENT AGENCY DESK REPORT 2010-00000870 04/20/2010 2825- HARASSMENT BY TELEPHONE 200 BLK. BERTRAM DRIVE 2010-00000871 04/21/2010 6601-SPEEDING (RADAR) ROUTE 34/DIEHL FARM ROAD 2010-00000872 04/21/2010 9513- MOTORIST ASSIST-LOCKOUT 2700 BLK. CRANSTON CIRCLE 2010-00000873 04/21/2010 1811- POSS CANNABIS<30 GRAMS ROUTE 47/E.HYDRAULIC AVENUE 2010-00000874 04/21/2010 9063- LOST/STOLEN DL/PLATES 500 BLK. POWERS COURT 2010-00000875 04/21/2010 9915 -ASSISTANCE CIVIL CATEGORY 2600 BLK. BURR STREET 2010-00000876 04/21/2010 1310-CRIMINAL DAMAGE PROPERTY 1200 BLK, MARKETPLACE DRIVE 2010-00000877 04/22/2010 9564-ACCIDENT- PROPERTY 0 BLK. W.VETERANS PARKWAY 2010-00000878 04/22/2010 2480-SUSPENDED/REVOKED DL ROUTE 34/DIEHL FARM ROAD 2010-00000879 04/22/2010 9808-TRAINING - CANINE LANSING, ILLINOIS 2010-00000880 04/23/2010 2230- ILLEGAL CONSUMPTION 1900 BLK. S.BRIDGE STREET 2010-00000881 04/23/2010 2480-SUSPENDED/REVOKED DL ROUTE 34/SYCAMORE ROAD 2010-00000882 04/23/2010 9564-ACCIDENT- PROPERTY ROUTE 47/E.HYDRAULIC AVENUE 2010-00000883 04/23/2010 9562-ACCIDENT- INJURY GALENA ROAD/ROUTE 47 2010-00000884 04/23/2010 9564-ACCIDENT- PROPERTY ROUTE 34/CENTER PARKWAY 2010-00000885 04/23/2010 9564-ACCIDENT- PROPERTY ROUTE 34/CENTER PARKWAY 2010-00000886 04/23/2010 4870- DOMESTIC DISPUTE ROUTE 34/GAME FARM ROAD 2010-00000887 04/23/2010 9513 - MOTORIST ASSIST-LOCKOUT 1300 BLK. E.SPRING STREET 2010-00000888 04/24/2010 4870- DOMESTIC DISPUTE ROUTE 47/ROUTE 71 2010-00000889 04/24/2010 8041-ACCIDENT- HIT AND RUN 1200 BLK. N.BRIDGE STREET 2010-00000890 04/24/2010 2480-SUSPENDED/REVOKED DL ROUTE 34/ROUTE 47 2010-00000891 04/24/2010 8041-ACCIDENT- HIT AND RUN 200 BLK. E.VETERANS PARKWAY 2010-00000892 04/24/2010 9219-ANIMAL-OTHER COMPLAINTS 500 BLK. PARKSIDE LANE 2010-00000893 04/25/2010 9513- MOTORIST ASSIST-LOCKOUT 600 BLK. E.VETERANS PARKWAY 2010-00000894 04/25/2010 0460- BATTERY 100 BLK.W.COUNTRYSIDE PARKWAY 2010-00000895 04/25/2010 1310 CRIMINAL DAMAGE PROPERTY 4600 BLK. PLYMOUTH AVENUE 2010-00000896 04/25/2010 5081- IN-STATE WARRANT ROUTE 47/LANDMARK AVENUE 2010-00000897 04/25/2010 5081- IN-STATE WARRANT ROUTE 47/E.000NTRYSIDE PARKWAY 2010-00000898 04/25/2010 0820-THEFT$300 AND UNDER 500 BLK. REDHORSE LANE 2010-00000899 04/25/2010 8041-ACCIDENT- HIT AND RUN COTTONWOOD TRAIL/STONERIDGE COURT 2010-00000900 04/25/2010 9513 - MOTORIST ASSIST-LOCKOUT 600 BLK. E.VETERANS PARKWAY 2010-00000901 04/25/2010 9513- MOTORIST ASSIST-LOCKOUT 600 BLK. WINDETT RIDGE ROAD 2010-00000902 04/25/2010 9569-ACCIDENT- PRIVATE PROP 600 BLK.S.STATE STREET 2 of Y Yorkville Police Department Incident Report Summary April 13, 2010 through May 13, 2010 Report #10-0817 to #10-1048 Report# Date Offense Location 2010-00000903 04/26/2010 9564-ACCIDENT- PROPERTY ROUTE 47/RIVER STREET 2010-00000904 04/26/2010 9071-CITIZEN ASSIST DESK REPORT 2010-00000905 04/26/2010 1310-CRIMINAL DAMAGE PROPERTY JOHN STREET/COTTONWOOD TRAIL 2010-00000906 04/26/2010 9569-ACCIDENT- PRIVATE PROP 1700 BLK. CANDLEBERRY LANE 2010-00000907 04/26/2010 9513- MOTORIST ASSIST-LOCKOUT 900 BLK. CANYON TRAIL 2010-00000908 04/26/2010 9564-ACCIDENT- PROPERTY ROUTE 34/ROUTE 47 2010-00000909 04/26/2010 1150-CREDIT CARD FRAUD 500 BLK. KELLY AVENUE 2010-00000910 04/26/2010 0460- BATTERY SYCAMORE ROAD/ROUTE 34 2010-00000911 04/26/2010 9513 - MOTORIST ASSIST-LOCKOUT 900 BLK. GAME FARM ROAD 2010-00000912 04/26/2010 9564 -ACCIDENT- PROPERTY ROUTE 47/E.HYDRAULIC AVENUE 2010-00000913 04/26/2010 9513- MOTORIST ASSIST-LOCKOUT 300 BLK. ILLINI DRIVE 2010-00000914 04/26/2010 9513 - MOTORIST ASSIST-LOCKOUT 900 BLK. N.BRIDGE STREET 2010-00000915 04/27/2010 5081- IN-STATE WARRANT 2500 BLK. OVERLOOK COURT 2010-00000916 04/27/2010 5081- IN-STATE WARRANT WALSH DRIVE/ROUTE 71 2010-00000917 04/27/2010 9513- MOTORIST ASSIST-LOCKOUT 900 BLK. ERICA LANE 2010-00000918 04/27/2010 9513- MOTORIST ASSIST-LOCKOUT 0 BLK. E.SCHOOLHOUSE ROAD 2010-00000919 04/27/2010 9564-ACCIDENT- PROPERTY ROUTE 34/CENTER PARKWAY 2010-00000920 04/27/2010 0820-THEFT$300 AND UNDER 300 BLK.W.RIDGE STREET 2010-00000921 04/28/2010 9513 MOTORIST ASSIST-LOCKOUT 700 BLK. GAME FARM ROAD 2010-00000922 04/28/2010 9564 ACCIDENT- PROPERTY MILL STREET/ROUTE 126 2010-00000923 04/28/2010 9562 ACCIDENT- INJURY E.FOX STREET/ROUTE 47 2010-00000924 04/28/2010 0486- DOMESTIC BATTERY 800 BLK. HALEY COURT 2010-00000925 04/28/2010 2410- DUI -ALCOHOL ROUTE 126/IDENTA ROAD 2010-00000926 04/28/2010 8041-ACCIDENT-HIT AND RUN W.KENDALL DRIVE/STRAWBERRY LANE 2010-00000927 04/29/2010 9564-ACCIDENT-PROPERTY BERTRAM DRIVE/GARDINER AVENUE 2010-00000928 04/29/2010 9513 - MOTORIST ASSIST-LOCKOUT 2000 BLK.S.BRIDGE STREET 2070-00000929 04/29/2010 9513-MOTORIST ASSIST-LOCKOUT 2900 BLK.ALDEN AVENUE 2010-00000930 04/29/2010 9005-ASSIST GOVERNMENT AGENCY DESK REPORT 2010-00000931 04/29/2010 4870- DOMESTIC DISPUTE 2400 BLK. EMERALD LANE 2010-00000932 04/29/2010 2890-ALL OTHER DISORDERLY COND 600 BLK. W.VETERANS PARKWAY 2010-00000933 04/30/2010 1310-CRIMINAL DAMAGE PROPERTY 100 BLK. BEAVER STREET 2010-00000934 04/30/2010 9513 - MOTORIST ASSIST-LOCKOUT DESK REPORT 2010-00000935 04/30/2010 9562-ACCIDENT- INJURY ROUTE 34/GAME FARM ROAD 2010-00000936 04/30/2010 9068-FOUND BICYCLE PARK STREET/LIBERTY STREET 2010-00000937 05/01/2010 1120 - FORGERY 400 BLK. E.BARBERRY CIRCLE 2010-00000938 05/01/2010 8069 -SAFETY INSPECTION DESK REPORT 2010-00000939 05/01/2010 0486- DOMESTIC BATTERY 200 BLK. E.VETERANS PARKWAY 2010-00000940 05/01/2010 9513 - MOTORIST ASSIST-LOCKOUT 800 BLK. ERICA LANE 2010-00000941 05/01/2010 2480-SUSPENDED/REVOKED DL ROUTE 47/CANNONBALL TRAIL 2010-00000942 05/01/2010 5081- IN-STATE WARRANT 100 BLK.W.COUNTRYSIDE PARKWAY 2010-00000943 05/01/2010 9564-ACCIDENT- PROPERTY ROUTE 47/W.FOX STREET 2010-00000944 05/01/2010 9009-ASSIST SCHOOLS 900 BLK. PRAIRIE CROSSING DRIVE 2010-00000945 05/01/2010 9513- MOTORIST ASSIST-LOCKOUT 1300 BLK. E.SPRING STREET 3 of Yorkville Police Department Incident Report Summary k April 13, 2010 through May 13, 2010 g`z Report #10-0817 to #10-1048 r .r .E. .r A Report# Date Offense Location 2010-00000946 05/02/2010 2410- DUI -ALCOHOL ROUTE 47/KENNEDY ROAD 2010-00000947 05/02/2010 1740- RUNAWAY- MRAI 200 BLK. ST JOSEPH'S WAY 2010-00000948 05/02/2010 8069-SAFETY INSPECTION 300 BLK.WALSH CIRCLE 2010-00000949 05/02/2010 9513- MOTORIST ASSIST-LOCKOUT 900 BLK. ERICA LANE 2010-00000950 05/02/2010 8069 -SAFETY INSPECTION DESK REPORT 2010-00000951 05/02/2010 9514-CANINE-ASSIST OTHER OSWEGO, IL 2010-00000952 05/03/2010 9514-CANINE-ASSIST OTHER OSWEGO, IL 2010-00000953 05/03/2010 0820-THEFT$300 AND UNDER 3800 BLK. BAILEY ROAD 2010-00000954 05/03/2010 9513- MOTORIST ASSIST-LOCKOUT 100 BLK. E.SCHOOLHOUSE ROAD 2010-00000955 04/16/2010 0460- BATTERY 900 BLK. PRAIRIE CROSSING DRIVE 2010-00000956 05/03/2010 2470- NO DRIVER'S LICENSE GALENA ROAD/KENNEDY ROAD 2010-00000957 05/03/2010 9071-CITIZEN ASSIST DESK REPORT 2010-00000958 04/28/2010 1425- POSS FIREARMS/AMMO 2300 BLK.AUTUMN CREEK BOULEVARD 2010-00000959 05/03/2010 9061- LOST ARTICLES 1900 BLK. CONEFLOWER COURT 2010-00000960 05/04/2010 2470-NO DRIVER'S LICENSE RIVER STREET/KING STREET 2010-00000961 05/04/2010 2480-SUSPENDED/REVOKED DL ROUTE 34/SYCAMORE ROAD 2010-00000962 05/04/2010 2220- ILLEGAL POSS ALCOHOL CANNONBALL TRAIL/ROUTE 34 2010-00000963 05/04/2010 9083 -ASSIST AMBULANCE 300 BLK. MULHERN COURT 2010-00000964 05/04/2010 9808-CANINE TRAINING 800 BLK. GAME FARM ROAD 2010-00000965 05/04/2010 9915 -ASSISTANCE CIVIL CATEGORY 4500 BLK. GARRITANO STREET 2010-00000966 05/04/2010 2820-TELEPHONE THREAT 500 BLK.W.HYDRAU LIC AVENUE 2010-00000967 05/04/2010 4870- DOMESTIC DISPUTE 2000 BLK. DEERPOINT LANE 2010-00000968 05/05/2010 5081-IN-STATE WARRANT ROUTE 47/E.FOX STREET 2010-00000969 05/05/2010 1310- CRIMINAL DAMAGE PROPERTY 1000 BLK. DALTON AVENUE 2010-00000970 05/05/2010 1220 THEFT OF LOST PROPERTY 200 BLK, E.VETERANS PARKWAY 2010-00000971 05/05/2010 9071-CITIZEN ASSIST 800 BLK. HALEY COURT 2010-00000972 05/05/2010 9083-ASSIST AMBULANCE 1500 BLK.ORCHID STREET 2010-00000973 05/05/2010 9020-SUSPICIOUS CIRCUMSTANCES 2100 BLK. BLUEBIRD LANE 2010-00000974 05/06/2010 9083-ASSIST AMBULANCE 2400 BLK.ALAN DALE LANE 2010-00000975 05/06/2010 9063 - LOST/STOLEN DL/PLATES 3200 BLK. CANNONBALLTRAIL 2010-00000976 05/06/2010 9513 - MOTORIST ASSIST-LOCKOUT 400 BLK.S.BRIDGE STREET 2010-00000977 05/06/2010 9808-TRAINING -CANINE ELGIN, ILLINOIS 2010-00000978 05/06/2010 8077-CHILD SAFETY SEAT CHECK DESK REPORT 2010-00000979 05/06/2010 9068- FOUND BICYCLE 400 BLK. E.SPRING STREET 2010-00000980 05/06/2010 9569-ACCIDENT- PRIVATE PROP 900 BLK. GAME FARM ROAD 2010-00000981 05/06/2010 9513 - MOTORIST ASSIST-LOCKOUT 1600 BLK.WALSH DRIVE 2010-00000982 05/06/2010 9571-ACCIDENT- MUNICIPAL VEH ELDAMAIN ROAD/CORNEILS ROAD 2010-00000983 05/07/2010 9564-ACCIDENT- PROPERT! W.SOMONAUK STREET/KING STREET 2010-00000984 05/07/2010 9063- LOST/STOLEN DL/PLATES 1200 BLK. MISTWOOD COURT 2010-00000985 05/07/2010 9564-ACCIDENT- PROPERTY ROUTE 34/CANNONBALL TRAIL 2010-00000986 05/07/2010 4870- DOMESTIC DISPUTE 4500 BLK.GARRITANO STREET 2010-00000987 05/07/2010 9513 - MOTORIST ASSIST-LOCKOUT 1600 BLK. N.BEECHER ROAD 2010-00000988 05/07/2010 9513 - MOTORIST ASSIST-LOCKOUT 1400 BLK. N.BRIDGE STREET 4 of Y Yorkville Police Department Incident Report Summary RK April 13, 2010 through May 13, 2010 v `L Report #10-0817 to #10-1048 Report# Rate Offense Location 2010-00000989 05/07/2010 2820-TELEPHONE THREAT 2800 BLK. MCMURTRIE COURT 2010-00000990 05/07/2010 8041-ACCIDENT- HIT AND RUN CLEARWATER DRIVE/OMAHA DRIVE 2010-00000991 05/07/2010 9564-ACCIDENT- PROPERTY ROUTE 47/E.000NTRYSIDE PARKWAY 2010-00000992 05/07/2010 9564-ACCIDENT- PROPERTY ROUTE 34/MCHUGH ROAD 2010-00000993 05/07/2010 1010-ARSON SQUIRE CIRCLE/GRANDE TRAIL 2010-00000994 05/07/2010 9513- MOTORIST ASSIST-LOCKOUT 1400 BLK. N.BRIDGE STREET 2010-00000995 05/07/2010 9513 - MOTORIST ASSIST-LOCKOUT 500 BLK.S.BRIDGE STREET 2010-00000996 05/07/2010 0760- BURGLARY FROM VEHICLE 1300 BLK. MARKETPLACE DRIVE 2010-00000997 05/07/2010 4870- DOMESTIC DISPUTE 300 BLK. MORGAN STREET 2010-00000998 05/08/2010 2470- NO DRIVER'S LICENSE ROUTE 71/ROUTE 47 2010-00000999 05/08/2010 4870- DOMESTIC DISPUTE 100 BLK. STRAWBERRY LANE 2010-00001000 05/08/2010 2480-SUSPENDED/REVOKED DL ROUTE 71/ROUTE 47 2010-00001001 05/08/2010 1740- RUNAWAY- MRAI 300 BLK. E.RIDGE STREET 2010-00001002 05/08/2010 0625 - RESIDENTIAL BURGLARY 600 BLK.TOWER LANE 2010-00001003 05/08/2010 9513- MOTORIST ASSIST-LOCKOUT 400 BLK. WALNUT STREET 2010-00001004 05/08/2010 9564-ACCIDENT- PROPERTY ROUTE 47/E.HYDRAULIC AVENUE 2010-00001005 05/09/2010 9513 - MOTORIST ASSIST-LOCKOUT 300 BLK. GARDEN CIRCLE 2010-00001006 05/08/2010 9513 - MOTORIST ASSIST-LOCKOUT 2000 BLK.S.BRIDGE STREET 2010-00001007 05/09/2010 9068- FOUND BICYCLE HOBBS LANE/GRANDE TRAIL 2010-00001008 05/09/2010 1811- POSS CANNABIS<30 GRAMS ROUTE 47/E.CENTER STREET 2010-00001009 05/09/2010 4870- DOMESTIC DISPUTE 1700 BLK. COLUMBINE COURT 2010-00001010 05/10/2010 0625 - RESIDENTIAL BURGLARY 1400 BLK. CHESTNUT LANE 2010-00001011 05/10/2010 0760- BURGLARY FROM VEHICLE 1300 BLK. EVERGREEN LANE 2010-00001012 05/10/2010 0760- BURGLARY FROM VEHICLE 1700 BLK.JOHN STREET 2010-00001013 05/10/2010 0760- BURGLARY FROM VEHICLE 1200 BLK. EVERGREEN LANE 2010-00001014 05/10/2010 1360- CRIM TRESPASS VEHICLE 1300 BLK. CHESTNUT CIRCLE 2010-00001015 05/10/2010 2470- NO DRIVER'S LICENSE ROUTE 47/ROUTE 34 2010-00001016 05/10/2010 0760- BURGLARY FROM VEHICLE 1200 BLK. WILLOW WAY 2010-00001017 05/10/2010 0820-THEFT$300 AND UNDER 2000 BLK.VILLAGE VIEW DRIVE 2010-00001018 05/10/2010 0625 - RESIDENTIAL BURGLARY 1200 BLK.WILLOW WAY 2010-00001019 05/10/2010 9513 - MOTORIST ASSIST-LOCKOUT 1800 BLK. COUNTRY HILLS DRIVE 2010-00001020 05/10/2010 9001-ASSIST CITY FIRE DEPT 300 BLK. E.ORANGE STREET 2010-00001021 05/11/2010 2480 -SUSPENDED/REVOKED DL ROUT E71/TIMBERCREEK DRIVE 2010-00001022 05/11/2010 9569 -ACCIDENT- PRIVATE PROP 3100 BLK. GRANDE TRAIL 2010-00001023 05/11/2010 9564-ACCIDENT-PROPERTY ROUTE 34/ELDAMAIN ROAD 2010-00001024 05/11/2010 9513- MOTORIST ASSIST-LOCKOUT 100 BLK. E.COUNTRYSIDE PARKWAY 2010-00001025 05/11/2010 9564-ACCIDENT- PROPERTY ROUTE 47/ROUTE 71 2010-00001026 05/11/2010 5081- IN-STATE WARRANT JOHN STREET/ASPEN LANE 2010-00001027 05/12/2010 0460- BATTERY 700 BLK. GAME FARM ROAD 2010-00001028 05/12/2010 9564-ACCIDENT- PROPERTY ROUTE 34/ROUTE 47 2010-00001029 05/12/2010 9005 -ASSIST GOVERNMENT AGENCY DESK REPORT 2010-00001030 05/12/2010 2840- FALSE FIRE ALARM 700 BLK. GAME FARM ROAD 2010-00001031 05/12/2010 2890-ALL OTHER DISORDERLY COND 600 BLK. W.VETERANS PARKWAY 5 of Y Yorkville Police Department Incident Report Summary K� April 13, 2010 through May 13 2010 IL Report #10-0817 to #10-1048 Report# Date Offense Location 2010-00001032 05/12/2010 9513-MOTORIST ASSIST-LOCKOUT ROUTE 47/ROUTE 34 2010-00001034 05/12/2010 9513 - MOTORIST ASSIST-LOCKOUT 500 BLK.S.BRIDGE STREET 2010-00001035 05/12/2010 0486-DOMESTIC BATTERY 2000 BLK. INGEMUNSON LANE 2010-00001036 05/13/2010 1310-CRIMINAL DAMAGE PROPERTY 26900 BILK. GRANDE PARK BOULEVARD 2010-00001037 05/13/2010 2170- POSSESSION OF DRUG EQUIPMENT 700 BLK. GAME FARM ROAD 2010-00001038 05/13/2010 9513 -MOTORIST ASSIST-LOCKOUT 900 BLK. ERICA LANE 2010-00001039 05/13/2010 9564-ACCIDENT- PROPERTY GAME FARM ROAD/SOMONAUK STREET 2010-00001040 05/13/2010 2440- RECKLESS DRIVING 200 BLK. E.VETERANS PARKWAY 2010-00001041 05/13/2010 4870-DOMESTIC DISPUTE 2300 BLK.SUMAC DRIVE 2010-00001042 05/13/2010 9020-SUSPICIOUS CIRCUMSTANCES 1100 BLK. HOMESTEAD DRIVE 2010-00001043 05/13/2010 9562 -ACCIDENT- INJURY ROUTE 34/ROUTE 47 2010-00001044 05/13/2010 8041-ACCIDENT- HIT AND RUN 1600 BLK. N.BEECHER ROAD 2010-00001045 05/13/2010 9513- MOTORIST ASSIST-LOCKOUT 300 BLK. E.VETERANS PARKWAY 2010-00001046 05/13/2010 9083 -ASSIST AMBULANCE 300 BLK. HEUSTIS STREET 2010-00001047 05/13/2010 2890-ALL OTHER DISORDERLY COND 1200 BLK. MARKETPLACE DRIVE 2010-00001048 05/13/2010 9039-OTHER PUBLIC SERVICE 200 BILK. WOLF STREET 6 of Yorkville Police Department Manhour Report This report is based on actual hours per month, not payroll periods. January February March April Through May$. 201 Q .. . Regular OT Regular : OT Regular OT Regular : OT Administration --- --_.. . --- - - ---- •--•- Chief 173.33' n/a 173.33' n/a 173.33 n/a 173.33: n/a ---- ---- -•--- - -- - --- ...... .. . .....--- -- --- Lieutenant (2) 346.66: n/a 346.66 n/a 346.66' n/a 346.66: n/a •------------ -------- ------ ----- -- - ------ ------ - Records 1 Civilians ------ ---. -------------- --------- ------ Executive Assistant 173.33: n/a 173.33; n/a 173.33 n/a 173.33: n/a -- ------- --------- ----------- ..------ Records Supervisor 173.33: 1.75 173.33' 0.00 173.33: 0.00 173.33 0.00 ------ ------ --- -- . -- - -----:----------- --- - -- --- ---- --- - - Records Clerk (2) 346.66: 0.00 173.33 0.00 173.33: 0.00 346.66' 0.00 --------- ---- - -- -- - --•-• -- ..... - __._.__-. Dir. Support Serv. 173.33: 0.00 173.33: 0.00 173.33 0.00 173.33: 0.00 Investigtns ---------- -------- a i o _ •--- ...... ......... Detective Sergeant 173.33: 0.00 173.33 7.50 173.33. 4.00 173.33: 0.00 .... ... ... -- ------- Detectives (1) 346.66: 0.00 346.66; 8.00 346.66 0.00 173.33: 0.00 . --- -•--• --- --------- -------- Drug Officer (1) 173.33: 19.50 173.33 39.00 173.33: 22.00 173.33; 6.00 --;--- Community Policing ; ; ------ ---- - . --••-- . ...... -- --------� geafA _173'_.33.i._ 73.33 i 0.00 173.33 0.00 n/a n/a n/a n/a School Resource (2 346.66; 28.50_ 346.66_ 24.25 346.66 __.__-_..__ ---- --- -- -- - ----- ----------- ------- - --- ------- ----..__. 6 00 346 66. 0 00 Patrol - --- ---------------------- Sergeant_s (4) 693.32- 0.0_..0 6.-9- 93.32 0.00 693.32: 8.00 693.32: 0.00 ....------ --.._. .._ ------ ---- -------------- Officers (14) 2426.62' 36.75 2253.29' 50.75 2426.62. 88.25 2426.62: 57.00 - ------------ -- . ----- - --------------- _ - - --- ....... Officers (PT - 2) 103.50: n/a 97.25 n/a 106.25 n/a 77.00' n/a --------------------- - --------.---- ---- 346.66 21.00 173.33' 23.25 173.33 14.00 n/a' n/a ---------- •-- - ----------------- -------------------- ....... ------- nJa: n/a n/a n/a n/a, n/a n/a: n/a Part-TimelCivilian ---- ---•----- -........ ._.- ,-•- ------• - -------- -•--•..... ......... ... ------- ----- - - -- - --- ----------- ; ----- ---- ------ BFPC Secret 50.00' n/a 31.00 n/a 15.00 n/a 16.75: n/a -- _. _ ------------ --- -----------,---------- ...-•-- •- ---•--•---- -- -------------------- --------- Cadet (1) 84.75` n/a 80.75' n/a 94.50' n/a 76,50 n/a --- --. .. -- ' --- -- - Crossing Guards 29.50: n/a 50.00; n/a 27.00 n 60.00; ---•--- ------------------ .-------- --- -- •- - -- - ._.. . .-- --------;-------- -- Evidence Custodian 58.00: n/a 74.00 n/a 50.00 n/a 74.00 n/a _ ___ ..._.._ Total Hours 6392.30; 107.50 I 5879.56 152.75 5839.31 142.25 5677.48 63.00 Yorkville Police Department Manhour Report This report is based on actual hours per month, not payroll periods. T May June July August Through May 8, 2Q1 Q Regular : OT Regular OT Regular : OT Regular OT Administration - ------ ----------------------- -----------s Chief 173.331 n/a • ----------- - Lieutenant (2) 346.66: n/a Records /Civilians- -- -------- -------- ----------- --------- -- ----- .. ........ r----------- ------------------------ ---------------------- ---------- Executive Assistant 173.33; n/a -------------:-- - -------------- ------ ----------- ------- ---- Records Supervisor 173.33: 0.00 Records Clerk 2 346.66: 0.00 ------------,--------.. ---------- -------- - --•------ Dir. Support Serv. 173.33: 0.00 Investigations..,._ . .... ......... ---- _----- --------- -------------------- - ---- -------- - -------- ....... . ......... -------� Detective Sergeant 173.33: 0.00 ---- ----------- ---- -- � --------- ---------- Detectives 1_� 173.33: 0.00 Drug Officer(1) 173.33_: 34.50 ..... .... - .............�. .. Community Policing i r.. - ------------------ ------- ------ - ------- nla. n/a n/a' n/a n/a: n/a n/a. n/a -----------chool Resource (2 346.66 ------6.50 ------ --------- --------- ;........... -----. .. : ------- ----•-•------- ------ -- Patrol - Sergeants ��} 693.32; .----5.00 • - ------ --- -•- ------ ------ ----------- ------ -------- -------- --------- --------- Officers (14) 2296.63: 3.00 ----------- - ----- ------- ------ ----------------------- -.- ------------------ --------- ----------. Officers (PT - 2) 16.50: n/a ----------- --------------------•-- , �sez —� n/a: n/a -- ----------- -------- --------- --------- ---------- --------- ------. -----•---- n/a: n/a .......... --.-•- ----------- ----------------------- -•-------- -•--------- ------------ - ------- Part-Time/Civilian ----------- --•--•---�---- ----------------------- ------------, ---------- ---------- ------ ------------------------ BFPC Secret 0.00. n/a ------------------- --------• -------.---- ----------- ------ ---------- ---- ---- Cadet (1) 19.25: n/a Crossing.sing Guards (3) 14.50: n/a .--- ------ --- ---- ----------- ------- - ----------- ----------- ------------------------ Evidence Custodian 13.50: n/a ..--------- -- ------- ----------- ---- ----- -------- -- ------------ ----..... Total Hours 5306.99: 49.00 0.00, 0.00 0.00: 0.00 0.00; 0.00 Yorkville Police Department - Overtime Manhour Utilization Report - April 24, 2010 This report is based on hours paid out per payroll period (bi-weekly). Does not include overtime taken as compensatory time. Date I Court I Training I Relief I Details I Admin I Emerg I Invest Com Sery Full Time Part Time 05/09/09 1 11.501 0.00-1 0.001 _13.251 0.00E 0.001 12.75.1 0.001 37.50 167.00 05/23109 7.75 5 251 5.50 10.001 0.00_1 0.001 22.501 0.001 51.00 123.75 _06/06/09 6.00 10.751 5.00i 6.001 1.001 0.001 15.501 0.001 44.25 127.50 Ofi/20/09 18.5 .0 _0 10.501 2.00 905 0.001 0.00113.251 2.001 5_5,25 102.50 07/04/09 9.501 0=00} 7.00 51.00[ 3.00 0.00 25.001 0.0_0 95.50 133.25 07 /09 2.001 0.001 1.50 1 24.0_01 0.00 0.0_0 6.75_ 0.00} 3_4.2_5 108.25 08/01/09 _6.501 13.001 0.001 6.001 0.001 2.001 13.75_1 0.001 4_1_.25 116.25 08115/09 13.501 5.251 0.505 6.001 0.001 14.001 16.250.00} 55.5_0 9_1.50 08/29/09 13.501 2.501 56.001 13.501 0.001 9.001 10.501 _0.001 105.00 128.25 _09%12/09 6.001 S.251 2.001 14.001 _0.001 0.001 19.751 0.001 47.00 168.00 %26%09 1_2.251 4.001 31.00. 21.001 _5.3.001 0.001 4.501 0.00' 125.75 105.00 10/10109 6.00 27.001• 4.001_22.0_01 0.001 3.00[ 8.751. 0.00 70.75 141.50 10/24/09 9.501 8.001 0.001 37.751 0.001 Q.q_qj 23.001 0.001 78.25 119.75 11107/09 13.50] ;13.001 6.001 0.001 1.501 18.501 0.001 63.0_0 113.7_5 11/21/09 6.001 6.001 8.751 7_3.0_01 42.001 0.001_ 17.501 _- -0.001 153.25 135.25 _12/05%Q9 9.001 6.251 IS.00 52.251 4.001 0.001 4.5_01 0.00[ 91.00 109.00 12/19/09 4.751 _8.001 17.501 15,251 _0.0_01 0.001_ 20.251 0.001 65.75 133.25 01/02/10 9.501 0.001 14.501 94.001 12.00_1 0.001 31.50_1 0.00} 16_1.50 118.25 01116/10 10.001 S.25J 0.001 22.50] 0.001 0.001 10.501 0.001 48.25 114.25 01130/10 12.50_5 11.251 0.000 13.001 0.001 0.0_01 - 88=001 0.001 44.75 116.50 02/13/10 6.501 23.751 18.001 21.25 I 0.001 0.001 28.00 0.00} 97.50 117.75 - - - - - --- - - _02/ 10 1_8.501 0.00 ^ 6.001 16.50 0.001 0.001 19.251_-0.001 60.25 123.25 _03/13/10 11.75 �T5.001 2.501 0.001 0.00 8.001_ 29.001 0.001 56.25 107.75 _03/27/10 26.25L 31. 0,1 28.751 0.001 0.001 0.001 2.001 0.001 88.50 116.00 _04/10/10 2.001 5.255 00 0 _2.001 0.001 0.0_0_1 2.001 0.001 11.25 113.50 04 24 10 2.001 6.001 16.001 0.00 0.001 0.001 1.001 0.00= 25.00 124.25 FY09 10 Court Training Relief Details Admin Emerg Invest Com Sery Full Time Part Time Totals 254.75 210.25 254.50 549.25 115.00 37.50 384.25 2.00 1807.50 3175.25 Percents 14% 12010 14% 30% 6% 2% 21% 00/0 1000/0 N/A Average 9180 8.09 9.79 21.13 4.42 1.44 14.78 0.08 69.52 122.13 Prepared by Molly Batterson 4/26/2010 Pagel Yorkville Police Department - Overtime Manhour Utilization Report - May 8, 2010 This report is based on hours paid out per payroll period (biweekly). Does not include overtime taken as compensatory time. Date Court I Training I Relief I Details I Admin I Emerg I Invest I Com Servi Full Time Part Time /0 058 10 6.001 0.00t 24.001 0.001 0.00} 0.001 41.50 11.501 83.00 88.75 - ----- -- ---- ----- -- - --- -0.00 - --- 0.00 0.00 0.00 -0.0_0 0.00 0.00 0.00 -I 0.00 I--- E Da]0 0.00 0.00 0.00 0.00 0..00 - - 0.00 0.00 0.00 0.00 _ _0.00 1 - - --- - - --- 0.00 - _�� 0.00 1 ! 0.00 FY09 10 Court Trainins Relief Details Admin Emerg Invest Com Sery Full Time Part Time Totals 6.00 0.00 24.00 0.00 0.00 0.00 41.50 11.50 83.00 88.75 Percents 7% 0% 29% 0% 0% 0% 50% 14% 100% N/A Average 6.00 0.00 24.00 0.00 0.00 0.00 41.50 11.50 3.19 88.75 Prepared by Molly Batterson 511412010 Pagel J O � . Esr. �1 yeas 09 Cary YORKVILLE POLICE DEPARTMENT Richard T. Hart, Chief of Police 804 Game Farm Road I Yorkville, Illinois 60560 Phone: 630-553-4340 1 Fax: 630-553-1141 Date: May 5, 2010 To: Chief Richard T. Hart From: Ron Diederich, Director of Support Services Reference: Monthly Mileage Report During the month of May 2010, the Yorkville Police Department logged a total of 28,701 miles. Individual miles are: Monthly Current Reassign/ Squad Vehicle Squad Usage Miles Miles Replace Date M-1 2006 Dodge Charger Patrol/K-9 2,160 96,042 2011/2012 M-2 2006 Chevrolet Impala Chief 1,452 59,050 2011/2012 M-3 2007 Chevrolet Impala Patrol 366 55,198 2010/2011 M-4 M-5 2007 Chevrolet Impala Patrol 1,482 57,670 2010/2011 M-6 2003 Chevrolet Impala Lieutenant 507 82,020 2010/2011 M-7 2001 Ford Crown Victoria DARE 0 73,910 2011/2012 M-$ M-9 2000 Ford Crown Victoria YMS-SRO 312 91,301 2010/2011 M-10 2006 Chevrolet Impala Patrol 1,227 83,873 2009/2010 M-11 2003 Ford Crown Victoria YHS-SRO 659 109,742 2009/2010 M-12 1999 Ford Expedition Lieutenant 573 91,163 _ 2010/2011 M-13 2009 Ford Crown Victoria Patrol 1 K-9 2,352 20,145 2014/2015 M-14 2003 Ford Crown Victoria Cadet 592 120,014 2008/2009 M-15 2010/2011 M-16 2004 Ford Expedition PT-s=leet Backup 499 100,097 2008/2009 M-17 2004 Chevrolet Impala Detective 231 41,610 2014/2015 M-18 2008 Ford Crown Victoria Patrol 1,990 50,040 2010/2011 M-19 2009 Chevrolet Impala Patrol 1,132 28,728 2012/2013 M-20 2005 Chevrolet Tahoe Patrol Sergeant 1,399 50,563 2011/2012 M-21 2007 Ford Crown Victoria Patrol 1,925 106,521 2009/2010 M-22 2007 Ford Crown Victoria Patrol 2,424 98,082 2009/2010 M-23 2007 Ford Crown Victoria Patrol 1,888 106,853 2009/2010 M-24 2008 Ford Explorer Patrol Sergeant 1,841 56,166 2011/2012 M-25 2003 Chevrolet Impala Administrative 1,726 69,372 2012/2013 M-26 2000 Chevrolet Pickup Support Services 1,024 122,423 Confiscated M-27 1999 Ford Expedition Detective 940 153,392 Confiscated Ronald E. Diederich, DSS WAUBONSEE 'ATM COMMUNITY COLLEGE Where futures take shape Ignacio Rojas Jr. 3309 Alyssa St. Plano IL 60545 April 27, 2010 Dear Chief Hart On March 5, 2010 I participated in a ride-along with Officer Dale Arentsen as part of an assignment for my Introduction to Criminal Justice class at Waubonsee Community College. Before the ride along Officer Arentsen showed me around the department and also introduced me to the other officers on duty. During the ride along Officer Arentsen took me out on traffic patrol and issued two citations for no front plates and one for no insurance, and another citation for failure to stop at a stop sign. We also monitored traffic and issued another citation for speeding. It was a great experience to ride along with Officer Arentsen and I learned a lot about what it takes to be a Yorkville Police Officer. Thank you for allowing me to ride along with Officer Arentsen, and please extend my thanks to him as well. I had a great time. Sincerely, Ignacio Rojas Jr. WAUBONSEE COMMUNITY COLLEGE CkiJ K-k<,V ck 4 �a(� $d+,1 Ga,rn,t. F�rrr, Rai G1niJ Hart n A� r i 1 1-7, 2-0 1 D T p oa4fc.Pp" 1 r\ o` r A-,A lvU C)gir-t-( ! 'T I Zzh Male d'5 Qar+ Of ate, �SS��nr n� far M ' nn+r6� wJI'On iol Crt��► j" � � G�d��,S 171 Wclv.VlX,S�� l!'rnrn�I�l� Coll V�r�� vwr PAro I, We. Sffja rar q r;,hf p�►jf o\ 1 � o,,14-r -fir 5Ae4y r ck,), even +>�v��ti��n+ea LA - 061 f-ijrn w: 1 �5 V&rj � y -,,f ff 6nk ou -�r ct,�Lj rq *lc-r t , km CAS \rj d, "e, rte, J S;ncRre.ly 4 Sugar Grove Campus Aurora Campus Copley Campus Piano Campus Route 47 at Waubonsee Drive 5 E.Galena Blvd. 2060 Ogden Ave. Route 34 at Waubansee Drive Sugar Grove,IL 60554-9454 Aurora,IL 60506-4178 Aurora,IL 60504.7222 Plano,IL 60545 (630)466-7900 (630)801-7900 (630)585-7900 Opening 2009 TDD(630)4664649 TDD(630)892.4046 www.woubansee.edu WAUBONS EE COMMUNITY COLLEGE De4r (A;ef- k;e rJ He rf, On F&u o ry G, x.0 )0 c1r4 c G fe-d n G r f JE -- q lvn� W14-k OFF; C6r Ryl07 &0 !d St77 4 GS G Pwf- 6F My Inf-roduCf,-On k (r;rr, m 5 f:c�- Glass I 'M fG KI G t- W�� c)n S a-t- CornWOM7FV Co b' er W;+h --S06 14C- ,nr;C4. Qn Gu r tc4 pro 1, we Pu l lc J o va r 5ev&r c j Peopic ovej- re-SPonde� fo +wo J ; rkxv-rt4-- GCC " CC-nt5 ) and Ac- sLwe`d rnE kw dv r d No } only S+�J in c 4-r i-) but G/50 rtr cc;n-rn Cr m V an 4 e FCC6 0T— CL e--r. kA l E E� 6n e g ic/1lGn �- C'1 e-v; crnCE w;J 0 F F;cam' &o td- Srnf� and lev-rneJ Wh f ;} SID'S fo bs- G Sugar Grove Campus Aurora Campus Copley Campus Piano Campus Route 47 at Waubonsee Drive 5 E.Galena Blvd. 2060 Ogden Ave. Route 34 at Waubonsee Drive Sugar Grove,IL 60554-9454 Aurora,IL 60506-4178 Aurora,IL 60504-7222 Plano.IL 60545 (630)466-7900 (630)801-7900 (630)585-7900 Openinj2009 TDD(630)466-4649 TDD(630)892-4046 WWW.Waubonsee.edu po I ;c E o5:f ce-r: 144 11VG5 G %rcpt f-MCfWT" C't n Cu n kon C S J- I I 'Scs Aa� 4' 5 C-x P cr;cn C& po 5�d rn& +b pu r6ut G Gctr c-rrr n Cr;m;nc, Us G cn K au So "'Gh to p 4r�,-c i pci ft ; n 4t 1'1c� C - C� �oli Uu ; tom 0 Mar �o I J CA P p r C'f for' kcc P o} \NA MO. Ana I Es C-nd ro 4%h Your C C f rn o-h�- c<n j k hn. 11c'nK10-0 4%u.rt . C"Crn t I n 9 CO.- Reviewed By: Agenda Item Number J� 0 '" Legal E] (�� Finance ■ EST � ` � 1836 Engineer ❑ Tracking Number 0; 1lf f.l (0 City Administrator ■ a � 2O Consultant ❑ Kr-C-ft P5 2010-10 <L E �V� ❑ Agenda Item Summary Memo Title: Request to Purchase Squad Cars Meeting and Date: City Council 6/8110 Synopsis: Request to purchase two new squad cars. Council Action Previously Taken: Date of Action: PS 5127/10 Action Taken: Discussion--moved forward to City Council Item Number: NB #2 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Chief Richard Hart Police Name Department Agenda Item Notes: See attached. D CI T 0-n Yorkville Police Department Memorandum $ 804 Game Farm Road EST _ _ 1836 Yorkville, Illinois 60560 -� Telephone: 630-553-4340 0 g ® Fax: 630-553-1141 K.�e-M 22 Date: April 9, 2010 To: Public Safety Committee From: Rich Hart, Chief of Police Q Reference: Request for Purchase / Squad Cars The purpose of this memo is to request to purchase two new squad cars; the price of the purchase is not to exceed $42,000 total. I am further requesting to expend funds to transfer equipment from the old cars to the new, as well as for striping, not to exceed $4000 total. See attached memo from Ron Diederich for further details. Note, the requested purchases would be funded through the Police Capital Fund: Vehicles - 20-000-75-00-7005 and Equipment - 20-000-75-00-7001. Finance Director Susan Mika advised me funds are available for these requests. N; o� Yorkville Police Department Memorandum 4 804 Game Farm Road EST. _ 1636 Yorkville, Illinois 60560 -�� Telephone: 630-553-4340 Fax: 630-553-1141 C-;s- KenaalC—nry �Ir Date: April 9, 2010 To: Chief Richard T. Hart From: Ron Diederich Reference: Squad Purchase Chief I have contacted Lyle Snow at Landmark Ford regarding the purchase of new Ford Crown Victoria squad cars. Lyle said that new cars must be ordered and that the delivery date is eight weeks after order confirmation. A new Ford Crown Victoria is $20,968.00 (Landmark Ford has been awarded the State Contract for Police vehicles). Strip out and build new squad is $1395.00, stripe new car is $355.00 for a grand total of $22,718.00. If I can provide further information please let me know. Respectfully, Ron Diederich, Director of Support Services . 0 Memorandum To: Public Safety Committee esT 7836 CC: Bart Olson, City Administrator o . From: Susan Mika, Finance Director a�� p Date: May 21, 2010 Subject: Police Capital E The fund balance at April 30, 2009 for the Police Capital was $175,851. Of that amount, $82,648 was reserved for weather warning sirens and $93,203 was unobligated, unrestricted. Upon printing a budget report as of May 21, 2010, the police capital fund is showing a surplus of $34,432. Below is a chart to show the fund balance of the police capital fund and the ability of the police to purchase two new squad cars. $175,851 Beginning Fund Balance as of 4-30-09 34,432 Surplus on the budget report as of 5-21-10 ($103.048 Loan to the General Fund $107,235 Projected fund balance as of 5-21-10 ($45,4361 To purchase two new squad cars $61,799 Fund balance after purchase of two new squad cars Reviewed By: Agenda Item Number F Legal ■ �_ Finance ❑ EST. � X836 Engineer ❑ Tracking Number -4 �� City Administrator ■ Consultant ❑ PS 2010-07 Agenda Item Summary Memo Title: Open Burning Ordinance Meeting and Date• City Council 6/8/10 Synopsis: Amendment to City Code regarding open burning within city limits. Council Action Previously Taken: Date of Action: PS 5127110 Action Taken: Discussion—moved forward to City Council Item Number: OB #1 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Chief Richard Hart Police Name Department Agenda Item Notes: See attached red-line copy of the proposed changes. 4-1-1: OPEN BURNING: A. Burning Restrictions; Nuisance Declared: 1. The open or outside burning of any materials, including plastic coated,of treated paper, of paper materials, leaves or plant materials within the city limits is expressly prohibited_, , dUFiRq predUGts and weed *6 peRnitted, provided the 6ame is deRe in suitable .M.-At .ria16 9F 6paFks. (Ord. 1976-40, 11-4-1976) 2. Burning of campfires in connection with grew outings organized groups; eutin96 by r recreational campfires by individuals are permitted, provided that the fires are conducted in such a manner so as not to constitute a hazard or nuisance to persons or property. (Ord. 1996-10, 9- 12-1996) 3. Untreated paper, paper products, untreated wood, stumps, and logs may be burned, provided: (a) Such burning is not conducted within twenty feet (20') of any building or structure; b Such burning is continuously controlled and supervised by an adult with adequate fire suppression devices immediately available. All campfires shall be extinguished properly to avoid any reigniting; c Such fires shall be contained within an adequate fixture or suitable retention device so as to prevent ambers from carrying to neighboring properties; and d Wind conditions do not exceed ten 10 miles per hour. 4. The discharge into the outdoor atmosphere of fumes, smoke, gas or vapors or any combination from the burning of any materials other than untreated paper and paper products and wood as provided above shall be, for the purposes of this section, declared air pollution and a public nuisance. 4-. 5. Controlled fires started and attended to by the personnel of the united city of Yorkville in order to control the growth of prairie grass or other vegetation to benefit the public health, safety or welfare shall be permitted. (Ord. 2003-71, 11-10-2003) B. Nuisance Abatement: The city attorney or any citizen of the city, when such a nuisance exists as set forth in subsection A of this section, may maintain a complaint in the name of the city, perpetually, to enjoin all persons from maintaining or permitting such nuisance and to abate the same. In addition, the city police, officers, inspectors or employees, upon observing any violation of subsection A of this section, may enter upon private property and summarily abate any fires or burning that is in violation hereof. (Ord. 1970-54, 3-12-1970) G. V*Glatieni Penalty: A peFGGR WhG shall neg'eGt, fail oF Fefuse te abate SUG44 I 1 I e.aGh twenty fr_aWF (24) hours theFeafter during Whinh said nuinaRGe rerun Ien be VU V11 twenty IVa.11 ,� i, IIV UIV 411VIVMlaV1 during •�I IIVII VUiV IiUTVT.T1 , aubjeGt to a like penalty as that originally inGUFFerl (nrrl 2099! 7A 9 26 2009) ........�....... a... .. .1.a.... r..a Ia....aJ uv that originally n ILin' 11lvaarl VC.+—t v1 , Ordinance No. 2010- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS, PROVIDING FOR THE REGULATION OF OPEN BURNING WHEREAS, the United City of Yorkville (the "City") is a non home-rule municipality in accordance with the Constitution of the State of Illinois of 1970 and-has the powers granted to it by law; WHEREAS, the Mayor and City Council deem it necessary to provide for the regulation of open burning in order to promote the health, safety, and welfare of the City's residents. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section I. Title 4, Chapter 1, Section 1 of the United City of Yorkville Code of Ordinances is hereby deleted and replaced with the following: 4-1-1: OPEN BURNING: A. Burning Restrictions; Nuisance Declared: 1. The open or outside burning of any materials, including plastic coated, treated paper, paper materials, leaves or plant materials within the city limits is expressly prohibited. (Ord. 1976-40, 11-4-1976) 2. Burning of campfires in connection with camping outings by organized groups; or recreational campfires by individuals are permitted, provided that the fires are conducted in such a manner so as not to constitute a hazard or nuisance to persons or property. (Ord. 1996-10, 9-12-1996) 3. Untreated paper, paper products, untreated wood, stumps, and logs may be burned, provided: (a) Such burning is not conducted within twenty feet (20') of any building or structure; (b) Such burning is continuously controlled and supervised by an adult with adequate fire suppression devices immediately available. All campfires shall be extinguished properly to avoid any reigniting; (c) Such fires shall be contained within an adequate fixture or suitable retention device so as to prevent ambers from carrying to neighboring properties; and (d) Wind conditions do not exceed ten (l 0) miles per hour. 4. The discharge into the outdoor atmosphere of fumes, smoke, gas or vapors or any combination from the burning of any materials other than untreated paper and paper products and wood as provided above shall be, for the purposes of this section, declared air pollution and a public nuisance. 5. Controlled fires started and attended to by the personnel of the United City of Yorkville in order to control the growth of prairie grass or other vegetation to benefit the public health, safety or welfare shall be permitted. (Ord. 2003-71, 11-10-2003) B. Nuisance Abatement: The city attorney or any citizen of the city, when such a nuisance exists as set forth in subsection A of this section, may maintain a complaint in the name of the city, perpetually, to enjoin all persons from maintaining or permitting such nuisance and to abate the same. In addition, the city police, officers, inspectors or employees, upon observing any violation of subsection A of this section, may enter upon private property and summarily abate any fires or burning that is in violation hereof. (Ord. 1970-54, 3-12-1970) Section 2. If any Section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 3. 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 2010. CITY CLERK ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON, JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2010. MAYOR 2 Reviewed By: Agenda Item Number J O Legal ❑ ��nr� EST Finance ❑ Engineer ❑ 0 �� City Administrator Tracking Number 4 Consultant ❑❑Cft W D f G - Ilk. `4 Agenda Item Summary Memo Title: Muellner Construction, Inc. Redevelopment Agreement Meeting and Date: CC/June 8, 2010 Synopsis: Consideration of a redevelopment agreement for a parcel of land owned by Muellner Construction, Inc. located at 301 South Bridge Street that will be affected by the IDOT widening and reconstruction of IL Route 47. Council Action Previously Taken: Date of Action: 06-01-2010 Action Taken: Discussion Item Number: EDC 2010-20 Type of Vote Required: Majority Council Action Requested: A2proval Submitted by: Krysti J. Barksdale-Noble Community Development Director Name Department Agenda Item Notes: See attached staff report and draft ordinance. Memorandum EST. , 1836 To: City Council From: Krysti J. Barksdale-Noble, A1CP, Community Development Director �M F.°1 0 CC: Bart Olsen, City Administrator 0. ,; Date: June 4, 2010 A It.E y� Subject: Muellner Construction, Inc. Redevelopment Agreement The Economic Development Committee, at its June 1, 2010 meeting, has recommended the request from the petitioner for approval of a Redevelopment Agreement for the property located at 301 South Bridge Street. A draft copy of the Redevelopment Agreement and a summary of its contents were provided in a memorandum prepared by staff dated May 28, 2010 to the EDC and is attached hereto for your reference. 4 o� Memorandum To: EDC EST. _ 1836 From.: Krysti J. Barksdale-Noble, Community Development Director o �� r�` CC: Bart Olson, City Administrator CuI� q p Joe Wywrot, City Engineer � ' aC-.v Date: May 28, 2010 <LE Subject: Muellner Construction, Inc. Redevelopment Agreement Background & Summary of Agreement As part of the Illinois Department of Transportation (IDOT) widening and reconstruction project of Illinois Route 47, several properties along this major north/south corridor have been or will be affected with regards to future potential redevelopment. One of those properties includes an approximately 21,000 square foot parcel currently owned by Muellner Construction Inc. which is located on the southwest corner of Illinois Route 47 and Van Emmon Street, commonly known as 301 South Bridge Street as illustrated on the attached map. Muellner Construction, Inc., therefore, has engaged the City and IDOT in entering into a redevelopment agreement that would allow for IDOT's acquisition of a portion of the property for the purposes of widening the roadway and the demolition of the existing two (2) story brick building. The agreement makes provisions for Muellner to convey to the City of Yorkville a permanent easement for the installation of public utilities and drainage, at Muellner's expense, and land preparations (grading, landscaping, maintenance, etc.) which would allow for future redevelopment of the property. In exchange for preparing the site for future commercial redevelopment, Muellner is requesting the City consider a zoning variance request to allow for a zero (0) foot building setback for that portion of the property adjacent to the new Illinois Route 47 and Van Emmon Street frontages. As proposed, the term of the agreement is for ten (10) years from the date of execution and shall become null and void if Muellner does not convey the property to IDOT in accordance with the agreement by July 1, 2011. A draft copy of the proposed ordinance language, sans the exhibits, has been attached for your reference. Staff Comments IDOT, staff and the City Attorney have reviewed the proposed Redevelopment Agreement and are in general favor of the recitals contained within the ordinance. Since the property is currently zoned B-1 Limited Business District and the Comprehensive Plan adopted in 2008 has designated the area for commercial land use, Staff is supportive of the Redevelopment Agreement, as proposed. With regard to the requested variance for a zero (0) foot setback, Staff would also be supportive if the new building adheres to the architectural standards and community character principals defined in the City's Design Guidelines adopted in 2009. 5 47 r I ' '� -•_- _ taric i:4vL' - e it rn va rr �- --r molt St A r [T r. _ Y p OF ,Q,. maw 'j to - 1° S_ I _ 7T�e Oe�Es le provldM wtihout wsrranry oreRy npreae�btlan o! i ? - aert�ruey,Umelirtess,oreaonApfeteRea.lrlsthereaponsfbfNryo7r1N Itegm u"to defeltnwe■ccumcy:,(j'mabrFu.t:a Iplereness,and ' - ■A7VP"rdten,"Urea aye 711e Unted Ckf of r"krlltemahes no r, werteRUer,expressed or implied,to the use cruet Data, - '- Alvin!Photography 6 Parcel Data provided by Kendal!County O13 r -Map produced by United city of yorkvlllc G!S Muellner Property 0 100 200 400 N*E Location Map Feet w STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) Ordinance No. 2010- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,APPROVING A REDEVELOPMENT AGREEMENT WITH MUELLNER CONSTRUCTION, INC. WHEREAS, the United City of Yorkville (the "City') is a duly organized and validly existing non-home-rule municipality created in accordance with Article VII, Section 7 of the Constitution of the State of Illinois of 1970; and, WHEREAS, the City has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs that protect the health, safety, and welfare of its citizens; and, WHEREAS, as part of the Illinois Department of Transportation ("IDOT') widening and reconstruction project of Illinois Route 47, several properties along this major north/south corridor have been or will be affected with regard to future potential redevelopment; and, WHEREAS, one of the affected properties is an approximately 21,000 square foot parcel currently owned by Muellner Construction, Inc. (the "Developer"), which is located on the southwest corner of Illinois Route 47 and Van Emmon Street, commonly known as 301 South Bridge Street (the "Subject Property"); and, WHEREAS, the Developer desires to enter into separate redevelopment agreements with the IDOT and the City that would allow for IDOT's acquisition of a portion of the Subject Property for the purposes of widening the roadway, obtaining a temporary easement, and demolishing the existing two (2) story brick building, and for the Developer to convey a permanent easement to the City for the installation of public utilities and drainage, at the Developer's expense, and land preparations such as grading, landscaping, and maintenance, which would allow for future development of the Subject Property; and, WHEREAS, the Developer is requesting that the City consider a future zoning variance request to allow for a zero (0) foot building setback for that portion of the Subject Property adjacent to the new Illinois Route 47 and Van Emmon Street frontages; and, WHEREAS, as part of the Redevelopment Agreement with the City, which is for a term of ten (10) years, the Developer agrees to modify the drainage conveyances on the Subject Property in a manner acceptable to the City and IDOT. WHEREAS, the Corporate Authorities have determined that it is in the best interests of the City and the health, safety, morals, and welfare of its residents that the City and the Developer enter into the attached Redevelopment Agreement. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Redevelopment Agreement by and between the City and Muellner Construction, Inc., an Illinois corporation, which is for a term of ten (10) years, be approved substantially in the form attached hereto and made a part hereof; and the Mayor and City Clerk are hereby authorized to execute and deliver said Redevelopment Agreement. THIS ORDINANCE shall be in full force and effect immediately upon its passage by the President and Board of Trustees 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. 2010. CITY CLERK ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2010. MAYOR 2 MUELLNER CONSTRUCTION, INC. REDEVELOPMENT AGREEMENT THIS AGREEMENT is entered into this day of , 2010, by and between Muellner Construction, Inc. (hereinafter referred to as "Muellner") and the United City of Yorkville, Kendall County, Illinois, a municipal corporation (hereinafter referred to as "City") regarding the redevelopment of the real property located at the southwest corner of Illinois Route 47 and Van Emmon Street in Yorkville, commonly known as 301 South Bridge Street (hereinafter referred to as the -Property,"). RECITALS WHEREAS, Muellner is the owner and developer of the Property legally described on Exhibit A attached hereto and made a part hereof being identified by Permanent Index Numbers 02-32-287-004 and 02-32-287-006; and, WHEREAS, the Illinois Department of Transportation (hereinafter referred to as "IDOT") proposes to acquire a portion of the Property legally described on Exhibit B attached hereto and made a part hereof ("Roadi av Portion") for purposes of widening Route 47 and to obtain a temporary easement over the remaining Property ("Temporary Easement Portion") and including the right to demolish the existing building on the Temporary Easement Portion of the Property as part of their Illinois Route 47 reconstruction project; and, WHEREAS, Muellner wishes to retain ownership of the Temporary Easement Portion of the Property for purposes of redevelopment for commercial uses in order to enhance the tax base of the City and provide job opportunity for the community and it is in the best interest of Muellner to invest in the redevelopment of the Property all as hereinafter set forth; and, 1 WHEREAS, it has been determined that the widening of Route 47 and the redevelopment of that Temporary Easement Portion of the Property is in the best interests of the City and its residents. NOW, THEREFORE, in consideration of the mutual promises and undertaking contained herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The Recitals hereinafter set forth are hereby incorporated into and made a part hereof as if fully restated. 2. Muellner agrees to convey, under terms to be agreed upon between Muellner and IDOT, the Roadway Portion of the Property to IDOT and grant an easement to IDOT over the Temporary Easement Portion of the Property including the right to demolish the building situated in the Temporary Portion of the Property. Within seven (7) days of IDOT recording the Muellner right-of-way and Temporary Easement conveyance documents, Muellner shall convey to the City a permanent easement over the Temporary Easement Portion of the Property for public utilities and drainage. 3. After IDOT completes the demolition of the building on the Temporary Easement Portion of the Property; performs all grading and landscaping as required in the plans submitted by IDOT to the City; and, completes the Illinois Route 47 reconstruction project, Muellner agrees to assume complete responsibility for the maintenance of the existing slope and drainage swales and landscaping on the Temporary Easement Portion of the Property. Muellner agrees that it shall immediately address any soil erosion or soil sedimentation issues that may arise after the IDOT landscaping is completed. 2 4. The City shall construct a 6" sanitary sewer stub and 6" water stub to be located along the Van Emmon frontage of the Property at the sole cost and expense of Muellner provided that Muellner deposits with the City the total estimated cost thereof within thirty (30) days of receipt of a written estimate from the City. Within thirty (30) days of receipt of said deposit, the City shall arrange for the construction of said water and sewer stub and complete said construction within 180 days. 5. Upon conveyance of the Roadway Portion of the Property by Muellner to IDOT, the City agrees to consider a zoning variance request to allow zero-foot building setbacks along the new Illinois Route 47 and Van Emmon Street frontages. 6. As a part of the redevelopment plan, Muellner agrees to modify the drainage conveyances on the Property in a manner acceptable to the City and 1DOT. 7. This Agreement shall also be binding upon the successors, heirs and assigns of the Parties. 8. The term of this Agreement shall commence as of the date of execution by the parties and terminate on its tenth (I 0`h) anniversary. 9. This agreement shall become null and void if Muellner does not convey property and temporary easement to IDOT in the manner contemplated by this agreement by July 1, 2011; otherwise to remain in full force and effect. 3 IN WITNESS WHEREOF, the parties hereto have caused this Muellner Construction, Inc. 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: City Clerk MUELLNER CONSTRUCTION, INC. By: Its President Attest: City Clerk 4 Clpr Reviewed By: Agenda Item Number 2 J o Legal ❑ �. #co ESL 1836 Finance ❑ Engineer ❑ Tracking Number 0 City Administrator ■ Consultant ❑❑ C, 1 <tE x Agenda Item Summary Memo Title: Temporary Banner Sign Deposits Meeting and Date: CC/June 8, 2010 Synopsis: Staff is proposing to implement a fully-refundable deposit policy for temporary banner sign permits rather than charging a permit fee. Also amend the definition of banner signs and extend the duration to a maximum of 30 days. Council Action Previously Taken: Date of Action: 06-01-2010 Action Taken: Discussion Item Number: EDC 2010-17 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Krysti J. Barksdale-Noble Community Development Director Name Department Agenda Item Notes: See attached staff report. J= Memorandum all To: City Council Fsr '1 �B36 From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator � �g p Paul Zabel, Building Code Official Date: June 8, 2010 Subject: Temporary Banner Signs At the June 1" Economic Development Committee meeting, revisions to the City's sign code regarding Temporary Banner Signs was discussed. It was the consensus of the EDC that the adoption of a deposit rather than a fee for banner signs would be more business-friendly. Attached is staff s memorandum which details the procedural steps for adopting this policy. Also at that meeting, the EDC recommended amending the definition of"banner signs" to read "any sign of vinyl, fabric or similar material that is displayed on a pole of building. National, state or municipal flags, official flags of any institution or business shall not be considered banners." The duration for banner signs was also recommended to be extended from a maximum of 14 days to a maximum of 30 days. The attached draft ordinance memorializes these proposed amendments to the City's sign code. Ordinance No. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AMENDING THE DEFINITION AND DURATION OF BANNERS AND PROVIDING FOR A DEPOSIT FOR TEMPORARY BANNER SIGNS BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section: 1. Title 8, Chapter 11, Section 4 of the United City of Yorkville Code of Ordinances is hereby amended by deleting the definition of"Banner" and replacing it with the following: BANNER: Any sign made of vinyl, fabric, or similar material that is displayed on a pole or building. National, state or municipal flags, and official flags of any institution or business shall not be considered banners. Section 2. Title 8, Chapter 11, Section 12 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection A in its entirety and replacing it with the following: A. Permit Required: No sign shall be erected, enlarged, expanded, altered or relocated unless the person proposing to erect, alter or move such sign shall obtain a permit from the code official. Such permit shall be issued only when the sign complies with all of the applicable provisions of this chapter. The fee for granting such a permit for signs shall be established by the city council. The schedule of fees for signs shall be posted in the city offices and may be amended only by the city council. A deposit of fifty dollars ($50) shall be required at the time of permit application for any temporary banner sign, which deposit shall be returned to the applicant upon removal of the temporary banner sign, unless the applicant is in violation of the provisions of this chapter. Routine sign maintenance, changing of parts designed for change, or changing the content of a sign in any manner which does not change the functional classification of the sign shall not, standing alone, be considered an alteration of the sign requiring the issuance of a permit, unless such change of parts or content relates to or is occasioned by a change in the ownership or nature of the activity to which the sign relates or which is conducted on the premises on which the sign is located. Section 3. Title 8, Chapter 11, Section 12, Subsection C of the United City of Yorkville Code of Ordinances is hereby amended by amending the maximum duration for "Banners" from 14 days to 30 days. Section 4. All ordinances or parts of ordinances conflicting with any of the provisions of this Ordinance shall be and the same are hereby repealed. Section 5. If any Section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section b. 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. 2010. CITY CLERK ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON JR. �T Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of _2010. MAYOR 2 Memorandum _1U To: EDC EST � 1B36 From: Krysti J. Barksdale-Noble, Community Development Director O j�� ` CC: Bart Olson, City Administrator ;A �W; p Paul Zabel, Building Code Official C."V/ Date: May 28, 2010 44. Subject: Temporary Banner Signs Background At last month's Economic Development Committee (EDC) meeting, Staff proposed drafting language and procedural steps for adopting a deposit policy regarding temporary banner signs. Per the City's Sign Ordinance, temporary banner signs are permitted in all Business and Manufacturing zoning districts, and are allowed to be displayed for a maximum duration of 14 days up to five (5) times per year. Any person or business wishing to display a temporary banner sign is required to obtain a building permit from the City and pay a $50.00 permit fee. However, Staff understands that the Committee is not looking to charge a fee to applicants for temporary signage, but rather employ a mechanism to encourage self-compliance with the City's sign regulations without placing an additional financial burden on businesses which can cost up to $250 per year. Last year the Building Department issued a total of 23 temporary sign permits. Staff Recommendation Staff is recommending eliminating the $50.00 permit fee and replacing it with a $50.00 deposit. This will require the applicant to provide a fully-refundable check deposit of $50.00 upon application for each temporary banner sign permit. After completion of the event, or at the end of the maximum 14 day period, it will be the responsibility of the applicant to remove the sign and retrieve the deposit from the Building Department. if the applicant violates any provision of the Sign Ordinance, the refund will be forfeited. Currently, all applications for temporary sign permits must contain such information as a color dimensioned drawing of the plans and specifications showing the method of construction, and a Plat of Survey showing the location of the sign.' However, additional language is being proposed to the sign permit application which will clearly state the conditions of the permit, and has been attached for your review. Further Considerations Staff proposes the procedural steps for the collection and refunding of the deposits be coordinated between the Building Department and the Finance Department. We also propose revisiting the efficiency and effectiveness of the deposit policy after one (1) year of inception. At that time, if the process is deemed successful, we would solicit the Committee's opinion of broadening the deposit requirement for other temporary type signage such as portable signs and cold air inflatable devices. I Section 8-11-12:Pennilling Procedures of the City Code(Ord,2009-31,6-9-2009). yo CONDITIONS OF PERMIT A fully-refundable check deposit of$50.00 is required upon application for permit. After completion of the event, it is the responsibility of the Applicant to retrieve the deposit from the Building Department. If Applicant violates any provision of the Conditions of Permit below, the refund will be forfeited. A. LIMIT ON LENGTH AND FREQUENCY OF SALES: Temporary banner signs shall be permitted for a maximum duration of thirty (30) days for no more than five (5) times per year. B. DEFINITION: "Banner" - any sign of vinyl, fabric or similar material that is displayed on a pole or building. National, state or municipal flags, official flags of any institution or business shall not be considered banners. C. SIGNS: Temporary banner signs shall meet the following criteria for the designated zoning districts: * Can (C) special business f343irt� �w went sign per lusiness. e `Flax- w2 square fue L i i i are-a- * One (1)banner/special Banners/Special business event sign per business Business Event Sign . Max. 32 square feet in area • Max. 10 feet in height. D. APPLICATION: Any person desiring a permit for a permanent or temporary sign shall file a permit application which shall contain or have attached the following information: 1. A copy of plans and specifications showing the method of construction, illumination, if any, and support of such sign. Calculations showing the sign is designed for dead load and wind pressure in any direction in the amount required by other applicable laws and ordinances of the city may be required. 2. A plat of survey showing the location of the sign(s) on the lot and a drawing indicating the location of the sign(s) on any building or structure on the lot. 3. A sketch, drawn to scale, showing sign faces, exposed surface areas and the proposed message and design, accurately represented as to size, area, proportion and color. 4. The written consent of the owner(s) or agent of the building, structure, or land on which the sign is erected. 5. The name, address and phone number of the applicant. 6. The name of the person, firm, corporation or association erecting, altering or moving the sign. (Ord. 2009-31, 6-9-2009) Sterling Coditiers.Inc. http:ltsterling webiness.eomocodcbooL fWtBonkDsta.WI1d°&secdon... 8-11-12: PERMITTING PROCEDURES: Permits for permanent and temporary signs: A. Permit Required: No sign shall be erected, enlarged, expanded, altered or relocated unless the person proposing to erect, alter or move such sign shall obtain a permit from the code official. Such permit shall be Issued only when the sign compiles with all of the applicable provisions of this chapter. The fee for granting such a permit shall be established by the city council. The schedule of fees shall be posted in the city offices and may be amended only by the city council. Routine sign maintenance, changing of parts designed for change or changing the content of a sign in any manner which does not change the functional classification of the sign shall not, standing alone, be considered an alteration of the sign requiring the issuance of a permit, unless such change of parts or content relates to or is occasioned by a change in the ownership or nature of the activity to which the sign relates or which Is conducted on the premises on which the sign is located. B. Application For Permit: Any person desiring a permit for a permanent or temporary sign shall file a permit application which shall contain or have attached the following information: 1. A copy of plans and specifications showing the method of construction, illumination, if any, and support of such sign. Calculations showing the sign is designed for dead load and wind pressure in any direction In the amount required by other applicable laws and ordinances of the city may be required. 2. A plat of survey showing the location of the sign(s) on the lot and a drawing indicating the location of the sign(s) on any building or structure on the lot. 3. A sketch, drawn to scale, showing sign faces, exposed surface areas and the proposed message and design, accurately represented as to size, area, proportion and color. 4. The written consent of the owner(s) or agent of the building, structure, or land on which the sign is erected. 5. The name, address and phone number of the applicant. 6. The name of the person, firm, corporation or association erecting, altering or moving the sign, (Ord. 2009-31, 6-8-2008) C. Temporary Sign Permit Frequency And Duration Per Business: Type la Of 5n _ I (Maximum Duration I Maximum Frequency I or2 41300-010 12:30 PM Sterling Cod iliers.Inc. hap:}/sterli qgxv chiness.cots'codebookigetl3ookData.php!lid=&section... Banners 114 days V 15 times per year Portable 14 days 15 times per year Commercial real estate ^16 months Renewable Industrial real estate 6 months ' Renewable Residential marketing 6 months Renewable Grand opening 145 days Once per business Cold air inflatable device 72 hours Once per year Searchlights 72 hours Once per year Wind feather (per property) ' 30 days ($25.00 fee) Renewable %S.00 fee) Construction During active building permit issuance Fo-ff-p-remises sponsorship banner 8 months; March through October (Ord 2010-04, 1-12-2010) of 2 413012010 12:30 PM New Business I. EDC 2010-OS Building Permit Report for December Z 009 It was noted there were 23 permits issued in December, 2. EDC 2010—06 Building Permit Report for January 2010 No comment. I EDC 2010-07 Building Ynspecdon Report Summary for January 2010 The committee requested that the original format be used for this report. Paul will revise and this will come back to the committee next month. 4. ED 2010-08 Sign Ordinance Discussion Ms. Spears said the Mayor bad received a call regarding the use of sandwich board style signs. The Mayor is requesting a moratorium on the sign restrictions to allow businesses to use these signs without a permit or maximum time frame due to the current state of the economy. Alderman Golinski was also contacted about differences in the sign code between temporary banner and temporary sign. The Mayor asked to allow this temporary moratorium,but said it permit would still be needed with a fee of$50. She requested it for 1 year and said the business in question is set back from the highway and she feels the sandwich boards have a positive impact. Currently,such a sign is only allowed for 14 days and 5 tunes a year, Alderman Spears said she thought the City should work with business owners for sandwich style signs as well as banner signs. She also felt the temporary banners should be limited to 32 sq ft. If sandwich board signs were allowed,the available space on the sidewalk was also discussed. Ads on parked trucks were also discussed and it was agreed this type of silty should not be allowed. It was noted that the sandwich board request is for temporary relief while the temporary sign request is for permanent relief. Displaying the sandwich board signs only during business hours was also recommended. Multiple signs in one location were also discussed. Alderman Werderich suggested that if a moratorium is applied to the sandwich boards, a date to revisit should be established. It was agreed that there should be a moratorium of 6 months for the sandwich boards and they should only be displayed during business hours. The size will be determined by industry standards Recommendation for temporary signs and banners was for 32 square feet or less. The matter will be moved to City Council for further discussion, Bart Olson will verify with Attorney Orr if a City Council vote or amendment is needed, Alderman Sutoliff'said the Zoning Board should be advised as well. It was decided to move forward with a Public bearing based upon the recommendations of the committee 2 C/p. Reviewed By: Agenda Item Number 0 Legal ❑ 1`,A 1 Finance ❑ EST. 1836 Engineer ❑ Tracking Number 0� &0 City Administrator IN Consultant El F-W.cwnry Agenda Item Summary Memo Title: IDOT - Signs affected by the widening of Illinois Route 47 Meeting and Date: CCI June 8, 2010 Synopsis: Recommendation for a variance regarding those existing non-conforming signs affected by the future widening and reconstruction of Illinois Route 47. Council Action Previously Taken: Date of Action: 06-01-2010 Action Taken: Discussion Item Number: EDC 2010-15 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Krysti J. Barksdale-Noble Community Development Director Name Department Agenda Item Notes: See attached staff report and attachments. 0 OIN Memorandum EST. 1838 To: City Council From: Krysti J. Barksdale-Noble, AICP, Community Development Director CC: Bart Olsen, City Administrator Date: June 4, 2010 ALE lV�, Subject: IDOT—Illinois Route 47 Sign Relocations The attached memorandum and draft ordinance summarizes staffs recommendation to the EDC at the June 1, 2010 meeting to grandfather-in the existing non-confonning signs that will be affected by the future widening of Illinois Route 47. The affected signs will be relocated at IDOT's expense and some of the poorer-quality signs, as enumerated staff's memo, will be reconstructed and brought into full compliance with the City's sign code requirements. A representative from IDOT, Mr. Steve Andrews, will be available at Tuesday night's meeting to answer any questions the City Council members may have regarding this request. = 0 Memorandum EST. � less To: EDC -� From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator C Joe Wywrot, City Engineer 'Q, rZ ��y Date: May 28, 2010 Subject: IDOT-- Illinois Route 47 Sign Relocations Background As the EDC is aware, the Illinois Department of Transportation (IDOT) is in the process of finalizing plans and acquiring land for the upcoming widening and reconstruction of Illinois Route 47 which is a major north/south arterial within the City of Yorkville. This past March and April, the EDC and City Council, respectively, were asked by IDOT if the City would grant a blanket variance for any sign that would be relocated as part of the widening project and remain non-conforming or require all relocated signs be brought into conformance with the City's current sign ordinance adopted in June 2009. It was the consensus of the EDC that the relocation or replacement of any sign should not impose a financial burden to the business owner, and would seek that these businesses conform to the sign ordinance only if IDOT would be covering the associated costs. Upon further discussion with IDOT, staff was informed that IDOT will provide financial compensation to property owners for the relocation of their sign(s) and therefore, is now seeking formal direction from the City on how to proceed with the impacted signs. For your reference, staff has attached the previous memorandums provided to the Economic Development Committee on March 29, 2010 and the City Council on April 9, 2010. Inventory of Suns Staff requested that [DOT prepare an inventory of the signs which will be affected by the upcoming State highway widening project. This inventory included completing a curbside assessment worksheet, created by staff, for each sign detailing such items as the sign areas, height, yard requirements, illumination, etc. In total, IDOT inventoried 58_ signs along Route 47 and at the intersection of Route 34 of which 24 suns on 22 parcels that will be impacted. A majority of the signs that will be impacted are of good quality but are non-conforming due to sign area, height or less than 5 feet from the right-of-way. For those signs that are in poor condition, IDOT is willing to remove and construct a new conforming sign. The eight (8) proposed for removal and reconstruction are: • Flatso's Tire Shop sign— SE comer of Orange Street • The Corner Liquor-- SW comer of Fox Street • Pride Pantry—South of Center Street, east side IL 47 • Sunset Motel-- South of Landmark Drive, west side IL 47 • Coleman Chiropractic— East of Center Pkwy, Southside US 34 • Yorkville Massage— East of Center Pkwy, Southside US 34 • Katydidit Flowers— East of IL 47, north side US 34 • Ugly's Hot Dogs — East of IL 47, north side US 34 Regarding the Coleman Chiropractic and Yorkville Massage signs, IDOT is proposing to remove these two (2) signs, salvage whatever is possible (i.e., sign face, etc.) and erect one (1) new conforming sign. This is also proposed for the Katydidit Flowers and Ugly's Hot Dogs signs. Therefore, due to IDOT offering to bring eight (8) of the 22 impacted signs into compliance, only sixteen 16 signs will be non-conforming. The completed worksheet for each sign with pictures and a summary sheet is attached for your review. Research - Other Communities Staff has contacted local communities which have experienced the same or similar challenges with regards to widening of State highways and the impact on adjacent business signs. In the Village of Plainfield, they dealt with two (2) major arterial roadway widening and reconstruction projects in recently. Along U.S. Route 30, which included several older small businesses with non-conforming signs, the City decided to "grandfather" all existing signage in this area. However, the corridor along Rte. 59, which had fairly newer construction of strip retail and chain commercial retail, decided to require all signage come into conformance. The Village of Shorewood, located just south of Plainfield and Joliet in Will County, also was affected by the widening and reconstruction project of Route 59. Although this community had fewer signs impacted than Plainfield, they decided to require all existing non-conforming signs seek a variance. According to the Village, since this process entailed each individual business being considered on a case-by-case basis it was an administrative burden and will recommend to the Village officials to approve a blanket variance when the future widening project of Route 52 gets underway. Staff Comments & Recommendation Based upon the number of impacted signs and the experiences of other local communities, staff is recommending grandfathering-in the existing sixteen 16 signs that are non-conforming. Of these signs, the BP Gas & AM/PM sign was previously granted a variance by the City in 2006 and the Jewel grocery store sign was permitted as part of the original Yorkville Market Place PUD agreement approved by the City in 2001. Furthermore, IDOT has tried to address the more egregious signs by bringing them into complete conformance with the City's adopted ordinance. The remaining 14 signs are generally in good condition, but typically exceed either the sign size requirement (maximum 32 sq. feet) or height maximum (8 feet). With the exception of the McDonald's property, Smokey's and Duy's Shoes signs, the signs generally comply with the ordinance requirement for base and supporting columns to be constructed of the same material of the exterior walls of the principal building. Staff will work with these properties to encourage the compliance with this aesthetic requirement to reduce the use of these pylon-type pole signs. Ordinance No. 2010- AN ORDINANCE APPROVING THE RELOCATION OF SPECIFIC SIGNS IMPACTED BY THE WIDENING OF ILLINOIS ROUTE 47 WHEREAS,the Illinois Department of Transportation("IDOT-)has finalized plans and has proceeded with the acquisition of land necessary to widen and to reconstruct Illinois Route 47 and has requested that the City grant a variance for any commercial sign impacted as a part of this project to pen-nit relocation and reinstallation of signs which do not conform to current City Code requirements; and, WHEREAS,the Mayor and City Council of the United City of Yorkville understand that the widening project shall benefit the City but should not create a financial burden upon business owners; and, WHEREAS, IDOT has agreed to compensate all affected business owners for the relocation of each and every sign but shall not underwrite any costs which are associated with any changes in such signage as may be required to conform to current City Code requirements; and, WHEREAS,the Mayor and City Council have concluded that it is in the best interest of the business community to grant a variance to all signs affected bythe Illinois Route 47 widening project as legal non-conforming signs where such is the case. NOW, THEREFORE,BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section L The following signs which shall be relocated at the sole cost of IDOT in order to perinit the widening of Illinois Route 47 are hereby granted a variance: • Kramer Law & Others-North of Colonial Pkwy, west side IL 47 • Smokey's Restaurant-West side of IL 47 at IL 126 • Yorkville Lions Club South of Van Emmon St, east side IL 47 • Bank Parking— South of Van Emmon St, east side of IL 47 • Happy Hounds West side of IL 47 across from Park St • Travel Services—North of Appletree Ct, west side IL 47 • Bella Tressa &: Others North of Appletree Ct, east side IL 47 • Aunt Martha Youth Service North of Appletree Ct, east side IL 47 • Lo Destro Dentists North of Appletree Ct, west side 1L 47 • Jewel North of Landmark Dr • BP Gas & AM/PM—NE corner of US 34 • Castle Bank NE corner of Center Pkwy • McDonalds-- East of Center Pkwy, north side US 34 • BP Gas & AM/PM NE corner of IL 47 • Duy's Shoes— East of IL 47, north side US 34 • Grand Rental Station North of Garden St, east side IL 47 Section IL This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. Passed by the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois,this day of , A.D. 2010. ROBYN SUTCLIFF GEORGE T. GILSON, JR. ARDEN JOE PLOCHER DIANE TEELING GARY GOLINSKI MARTY MUNNS ROSE SPEARS WALLY WERDERICH APPROVED by me, as Mayor of the United City of Yorkville,Kendall County,Illinois,this day of , A.D. 2010. Mayor Attest: City Clerk iL 47&US 34–Yorkville Sian$ R-93-014-94 SA 03/11/10 Revised 04/12/10 Revised 05/06/10 After reviewing signs along IL 47 and US 34 in Yorkville the following summarizes each sign and IDOTs recommendation Parcel Siqn race Location Description Comments 1-4 7 3KC0004 City of Yorkville NE comer of IL 71 Wood sign and posts City will remove 3KC0004 Growmark NE comer of IL 71 Metal panel,ground mount Not Impacted. 2 5'from ROW. Sign to remain. 3KC0005 Fountain Village North of IL 71,east side IL 47 2 brick columns TE only. Not impacted. Sign to remain. 3KC0006 Kendall County Highway At Kendall County Highway building 2 posts with metal sign OK to relocate as is. Small sign&govt agency exempt 3KC0010 Ground Affects SW comer of Greenbriar Road 2 stone columns Not impacted. a 5'from ROW. Sign to remain. 3KC0014 Self Storage SE of Garden St Ground mount,wood and brick TE only. Not impacted. Sign to remain. 3KC0016 Steinwart Clinic South Garden SL,west side IL 47 2 wood posts and wood sign Not impacted. a 5'from ROW. Sign to remain. 3KC0146 Yorkville Animal Hospital SW comer of Garden St 2 stone columns Not impacted. a 5'from ROW. Sign to remain. 3KC0147 Rogers%oring,etc NW corner of Garden Si 1 large support column Not impacted. z 5'from ROW. Sign to remain. 3KC0148 Grand Rental Station North of Garden St,east side IL 47 2 wood posts and wood sign TE only. Sign conforms except it is within 5'of exis&q 9W. Owner to relocate during construction if necessary 3KC0149 Sieves Custom Silk Screen North of Garden St,east side IL 47 Metal pole,lighted TE only. Not impacted. Sign to remain. 3KC0150 Property For Sale South of Beaver St,east slde IL 47 Wood posts&wood sign Sign is within ROW,but it conforms. Relocate as is. 3KC0017 Document Imaging SW of Beaver St 1 metal pole Not impacted. z 5'from ROW. Sign to remain 3KC0017 Drillers Service SW of Beaver SL 2 brick columns Not impacted. a 5'from ROW. Sign to remain. 3KC0020 Parfection Goff North of Beaver SI,west side IL 47 Giant golf club support Not impacted. a 5'from ROW Sign to remain. 3KC0021 Country Store Across from Colonial Parkway 3 wood posts&wood sign Not impacted. t 5'rrom ROW. Sign to remain. 3KC0025 Kramer Law&athers North of Colonial Pkwy,west side IL 47 Metal frame,lighted Sign is within ROW. Nice,quality sign. 7 businesses on 1 sign. Sign exceeds 32 sq ft. Request variance to relocate as is: 3KC0026 Newly Weds Foods North of Colonial Pkwy,east side IL 47 Low mount with 2 metal posts,lighted Sign is within ROW,but it conforms. Relocate as is. 3KC0029 City of Yorkville Just N of Main SI,west side IL 47 Wood sign and posts City will remove Parcel Sian face Location Description Comments E 3KC0030 Smokeys Restaurant West side of IL 47 at IL 126 2 metal poles,lighted+2 small ent/exit Sign is within ROW. Nice,new,quality sign. Sign exceeds 32 sq It and 8'height. Request variance to relocate as is. 3KC0040 Flatso's Tire Shop,etc SE corner of Orange St 2 large metal columns on concrete bases Sign is within ROW. Sign exceeds 32 sq ft and 6'height. Due to poor condition of metal columns;recommend removing sign,salvage whatever possible,and erect new conforming sign. 3KC0047 The Corner Liquor SW corner of Fox St Metal pole with cantilever arm Sign is within ROW. Sign exceeds 32 sq ft and 8'height. Message board also non-conforming- Due to poor condTron of metal pole.recommend removing sign. salvage whatever possible,and erect new conforming sign. 3KC0050 Speedway NE corner of Fox St 2 metal columns Not impacted. t 5'from ROW. Sign to remain. 3KC0051 Yorkville Lions Club South of Van Emmon St,east side IL 47 Large brick sign Not impacted,buts 5'from ROW. Nice,public service sign. Message board>'A of sign. Sign exceeds 32 sq ft. Sign is not a sight or safely concern. Allow sign to remain as legal non-conforming. 3KC0051 Bank Parking South of Van Emmon st,east side IL 47 Metal framed sign Sign is within ROW. Sign exceeds 4 sq ft maximum for parking/directional signs. Requestvarience to relocate as Ii. 3KC0077 Town Square NW comer of Main St Wood sign City sign is within TE&must be moved. Relocate as is. 3KC0078 Pride Pantry South of Center St,east side IL 47 Metal pole,lighted Sign is within ROW. Sign exceeds 32 sq ft and 8'height. Due to poor condition of metal pole;recommend removing sign,salvage whatever possible,and erect new conforming sign. 3KC0079 Accessible Living SE comer of Center St 2 wood posts and wood sign Sign is within ROW,but it conforms. Relocate as is. 3KC0094 Happy hounds West side of IL 47 across from Park St 2 wood posts and wood sign Sign is within ROW. Sign exceeds 32 sq ft. Nice,quality sign. Request variance to relocate as is. 3KC0096 Wyeth Law North of Paris St,weal side of IL47 2 wood posts and wood sign Sign is within ROW,but it conforms. Relocate as is. 3KC0099 Farmers Insurance Across from Applelree Cl. 2 metal posts and wood sign Sign is within TE only. Not impacted. Leave as is. Parcel Sign face Location Descriphon Comments iL 47 3KC0103 Travel Services North of Appletree CI,west side IL 47 Metal box sign,ground mounted,lighted Sign is within ROW. Sign exceeds 32 sq ft. Nice quality sign. Request variance to relocate as is. 3KC0104 Bella Tressa&others North of Appletree Ct,east side IL 47 Metal box sign. Ground mounted,lighted Sign is-within ROW. Sign exceeds 32 sq fl. Nice quarity sign. Request variance to relocate as is. 3KC0104 Aunt Martha Youth Service North of Appietree Ct,east side IL 47 2 wood post and laminaled isgn Not impacted but:5 5'from ROW. Otherwise sign conforms. Sign is not a sight or safety concern. Allow sign to remain as legal non-conforming. 3KC0105 Lo Destro Denlists North of Appletree Ct,west side IL 47 2 stone/brick columns Sign is within ROW. Sign exceeds 32 sq ft. Nice quality sign. Requestvadance to relocate as is. 3KC0107 Fox Valley Shirt Company South of Walnut St,east side IL 47 2 stone columns Sign is within ROW,but it conforms. Relocate as is. 3KC0136 Fox Valley Trading Comp Southeast corner of Walnut St Stone wingwalls Sign is within ROW,but it conforms. Relocate as is. 3KC0108 Auto Owners Insurance SW of Walnut St Metal box sign Not impacted. 2 5'from ROW. Sign to remain_ 3KC0110 Sunset Motel South of Landmark Dr.west side IL 47 Odd shaped metal support,lighted Sign is within ROW. Sign exceeds 8'heighi. Due to poor condition,recommend removing sign,selvage whatever possible,and erect new conforming sign. 3KC0110 Sunset Motel Entrance South of Landmark Dr,west side IL 47 2 wood post and wood signs(2 signs) Not impacted. 2 5'from ROW Signs to remain. 3KC0112 U-Haul&others NW comer of Landmark Dr 1 metal pole TE only. Not impacted. Sign to remain. 3KC0115 Jewel North of Landmark Dr 2 brick columns,metal box sign Not Impacted,but:6 5'from ROW. Nice quality sign. Sign exceeds 32 sq ft and 8'height. Sign is not a sight or safety concern. Allow sign to remain as legal non-conform. 3KC0116 Bowl and Subway NW of Landmark Dr 2 metal poles TE only. Not impacted. Sign to remain. 3KC0117 Chase Bank SE comer of US 34 Metal box sign Not impacted, z 5'from ROW. Sign to remain. 3KC0118 BP Gas&AWPM NE corner of US 34 Large brick column Sign is within ROW Sign exceeds 32 sq ft and 8'height. Nice new quality sign. Request variance to relocate as is. 3KC0143 Aid! North of US 34,east side IL 47 Metal box sign,ground mount TE only. Not impacted. Sign to remain. 3KC0120 Funeral Home South of Countryside Pkwy,west IL 47 Brick base, metal box sign Not impacted. a 5'from ROW, Sign to remain. 3KC0121 Old 2"d Bank SW corner of Countryside Pkwy Brick base,metal box sign Not impacted. z 5'from ROW. Sign to remain. Parcel Sion face Lootion Description Comments U5 34 3KC0137 Castle Sank NE corner of Center Parkway Large slons&brick sign Sign Is within ROW Sign exceeds 32 sq ft and 8'height. Nice new quality sign. Request variance to relocale as is. 3KC0125 McDonalds East of Center Pkwy,north side US 34 1 metal pole Sign is within ROW. Sign exceeds 32 sq ft and 8'height Typical McD sign. Request variance to relocate as is. 3KC0126 Shell NW comer of IL 47 Large sign with 2 metal columns Not impacted. z 5'from ROW. Sign to remain 3KC0138 Coleman Chiropractic East of Center Pkwy,S side US 34 Metal pole 2 signs at 1 site. Recommend removing both signs, 3KC0138 Yorkville Massage East of Center Pkwy,S side US 34 2 wood posts and wood sign salvage whatever possible,and erect 1 new conforming sign. 3KC0127 Payday Loans SW corner of IL 47 2 metal poles,metal box sign Not impacted. 2 5'horn ROW. Sign to remain. 3KC0118 BP Gas&AMPM NE comer of IL 47 Large brick column Sign is within ROW. Sign exceeds 32 sq ft and 8'height. Nice new quality sign. Request variance to relocate as is. 3KC0130 Duy's Shoes East of IL 47,north side US 34 2 metal poles,lighted Sign is within ROW. Sign exceeds 32 sq ft and B'height. Nice qualify sign. Request variance to relocate as is. 3KC0131 Kalydidit Flowers East of IL 47,north side U5 34 2 large columns t brick landscape 2 signs at 1 site. Recommend removing both signs, 3KC0131 Ugly's Hot Dogs East of IL 47,north side US 34 Metal pole salvage whatever possible,and erect 1 new conforming sign. There are also at least 12 various`Property for Sale/Rent'signs that I did not list. These are usually temporary signs,and I assume that the City of Yorkville allows these as long as they are not a hazard or do not cause a site distance problem. CIT} �= k Memorandum To: Economic Development Committee Esr — isac From: Bart Olson, City Administrator O I` 0 Date: March 29, 2010 Subject: Route 47 project signs At the last EDC meeting, Attorney Dan Kramer had asked what the protocol will be for his business's sign after it is removed during the Route 47 construction project, expected to occur in 2012 and 2013. Specifically, Mr. Kramer was asking if a variance for signs affected by construction will be granted, or if they will be required to be brought into conformance. As you may recall, the City revised its entire sign ordinance in 2009,rendering Mr. Kramer's sign (and many others) as legal, non-conforming to our current sign code. Under the letter of the law, in order to permit that sign to be moved to another location and retain its aesthetics and size, the City would have to grant Mr. Kramer a variance. Over 30 signs on Route 47 will need to be relocated or brought into conformance as part of the Route 47 construction project. A list of these signs and associated pictures are attached. There are a few different options for this issue: 1) The City Council could pass an ordinance allowing all signs effected to be moved without need for a variance at this time only and allow them to continue in a legal, non- conforming state. This would mean that if any sign owner wanted to change their sign in the future, they would have to comply with the current sign code or seek a variance individually. 2) The City Council could demand that all signs to be moved/removed conform with the current sign code. In this case, IDOT would be responsible for reimbursing each sign owner for the cost of a sign that meets the sign code (but not necessarily exceeds). This option would significantly change the aesthetics of the Route 47 corridor, as all of the pole-style and lollipop-style signs would be replaced with monument signs or similar. If an owner wanted to keep their current sign (but have it moved out of the Route 47 right- of-way), they could seek a variance. For this option, the square footage of a sign per business is likely to decrease. Whereas signs were formerly allowed to contain multiple businesses at sizes as large as 4 x S for each business, they are now limited to a single 32 square foot sign for parcels 3 acres or less or two 64 square foot signs for parcels 3 acres or larger, dependant on street frontage. In both cases, no sign can be taller than eight feet in height. Electronic message boards would be allowed for 50% of the total square footage of any new sign. I recommend that the EDC make a recommendation to City Council to treat all of the signs in the same manner, and as described in Option#2. o Memorandum To: City Council; Bart Olson, City Administrator EST. ,� 1636 From: Laura Schraw, Interim Community Development Director {4 CC: Paul Zabel, Code Official �4 Date: April 9, 2010 <LE Subject: IDOT sign relocations At the April 27th City Council meeting, IDOT's need to relocate over 30 signs along Route 47 and Route 34 as part of the road improvement project will be on the agenda. IDOT has spoken with City staff to inquire if Yorkville will grant a blanket variance for any signs that have to be moved as part of the widening project to not be brought into conformance, or if the City will require IDOT to bring all relocated signs into conformance with our current sign code. The Esmer Henne sign for parcel 0228-154-020 does not exist within the IDOT right-of-way and is not currently planned to be moved as part of their widening project. Therefore, this sign will remain in its current location and size after the Route 47 project is completed. Illinois Department of Transportation Division of Highways / Region 21 District 3 700 East Norris Drive/Ottawa, Illinois/61350-0697 Telephone 8151434-6131 May 13, 2010 The Honorable Valerie Burd, Mayor United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn: Ms. Krysti Barksdale-Noble Yorkville Community Development Director IL 47 Kendall County R-93-014-94 Reconstruction of IL 47 from IL 71 to US 34 in Yorkville Re: Business Signs in Yorkville Dear Ms. Barksdale-Noble: The Department has reviewed the business signs along IL 47 and US 34 that will be impacted by the upcoming State highway improvement project. Enclosed for your use are two of the following. 1. Summary Table of Signs 2. Curbside Assessment Sign Worksheets (only for signs that are impacted and are currently non-conforming) 3. Photos of signs from #2 above Please note that our information does not include signs at locations where the Department is not acquiring ROW because there is no impact to these signs. There are 2 arcels that have signs impacted that are currently non- conformingi ighlighted in yellow on the Summary Table). The Department's appraisals for these properties cannot be properly completed until it is determined how to handle these signs. The Department is asking the City of Yorkville to review the enclosed sign information. Please then notify the Department of your concurrence with our recommendations for each sign, or offer another course of action, by June 10, 2010. The Department also asks the City to consider a single, one-time blanket variance regarding the impacted signs and waive all usual sign application and variance fees. Ms. Krysti Barksdale-Noble May 13, 2010 Page Two Cooperation between the Department and the City has been substantial thus far on this complicated highway improvement project. We look forward to continuing this advantageous working relationship. If you have any questions please contact Steve Andrews, District Land Acquisition Engineer, at 815-434-8460. Sincerely, George F. Ryan, P.E. Deputy Director of Highways Region Two Engineer By: Steven B. Andrews, P.E. District Land Acquisition Engineer Enclosures SBA:pjs IL 47 &US 34—Yorkville Sign R-93-014-94 SA 03111/10 Revised 04/12/10 Revised 05/06/10 After reviewing signs along IL 47 and US 34 in Yorkville the following summarizes each sign and IDOT's recommendation Parcel Sign face Location Descrialion Comments IL 47 3KC0004 City of Yorkville NE corner of IL 71 Wood sign and posts City will remove 3KC0004 Growmark NE corner of IL 71 Metal panel,ground mount Not impacted. >5'from ROW. Sign to remain. 3KC0005 Fountain Village North of IL 71, east side IL 47 2 brick columns TE only. Not impacted. Sign to remain. 3KC0006 Kendall Counly Highway At Kendall County Highway building 2 posts with metal sign OK to relocate as is. Small sign&gov'I agency exempt 3KC0010 Ground Affects SW corner of Greenbriar Road 2 stone columns Not impacted. 2 5'from ROW Sign to remain. 3K00014 Self Storage SE of Garden St Ground mount,wood and brick TE only. Not impacted. Sign to remain. 3KC0015 Steinwart Clinic South Garden St,west side IL 47 2 wood posts and wood sign Not impacted. ?5'from ROW. Sign to remain 3KC0146 Yorkville Animal Hospital SW corner of Garden St 2 stone columns Not impacted. z 5'From ROW. Sign to remain 3KC0147 Rogers Flooring,etc NW corner of Garden St 1 large support column Not impacted. ?5'from ROW. Sign to remain. 3KC0148 Grand Rental Station North of Garden St,east side IL 47 2 wood posts and wood sign TE only. Sign conforms except it is within S of existing ROW. Owner to relocate during construction if necessary 3KC0149 Sieves Custom Silk Screen North of Garden St,east side IL 47 Metal pole, lighted TE only. Not impacted. Sign to remain. 3KC0150 Property For Sale South of Beaver St,east side IL 47 Wood posts&wood sign Sign is within ROW but it conforms. Relocate as is. 3KC0017 Document Imaging SW of Beaver St 1 metal pole Not impacted. a 5'from ROW Sign to remain 3KC0017 Drillers Service SW of Beaver St 2 brick columns Not impacted. a 5'from ROW Sign to remain 3KC0020 Parfection Golf North of Beaver St,west side IL 47 Giant golf club support Not impacted. ?5'from ROW. Sign to remain 3KC0021 Country Store Across from Colonial Parkway 3 wood posts&wood sign Not impacted. t 5'from ROW Sign to remain. 3KC0025 Kramer Law&others North of Colonial Pkwy,west side IL 47 Metal frame, lighted Sign is within ROW. Nice,quality sign. 7 businesses on 1 sign. Sign exceeds 32 sq ft. Request variance to relocate as is. 3KC0026 Newly Weds Foods North of Colonial Pkwy, east side IL 47 Low mount with 2 metal posts, lighted Sign is within ROW,but it conforms. Relocate as is. 3KC0029 City of Yorkville Just N of Main St,west side IL 47 Wood sign and posts City will remove Parcel Sign face Location Description Comments IL 47 3KC0030 Smokeys Restaurant West side of IL 47 at IL 126 2 metal poles, lighted t 2 small entlexit Sign is within ROW. Nice, new,quality sign. Sign exceeds 32 sq ft and 8'height Request variance to relocate as is 3KC0040 Flatso's Tire Shop, etc SE corner of Orange St 2 large metal columns on concrete bases Sign is within ROW Sign exceeds 32 sq ft and 8'height Due to poor condition of metal columns: recommend removing sign, salvage whatever possible,and erect new conforming sign. 3KC0047 The Corner Liquor SW corner of Fox St Metal pole with cantilever arm Sign is within ROW. Sign exceeds 32 sq ft and 8'height Message board also non-conforming. Due to poor condition of metal pole; recommend removing sign, salvage whatever possible, and erect new conforming sign. 3KC0050 Speedway NE corner of Fox St 2 metal columns Not impacted. 2 5'from ROW. Sign to remain. 3KC0051 Yorkville Lions Club South of Van Emmon St, east side IL 47 Large brick sign Not impacted, but<_5'from ROW. Nice, public service sign. Message board>'/z of sign. Sign exceeds 32 sq ft. Sign is not a sight or safety concern. Allow sign to re,marn as legal non-conforming. 3KC0051 Bank Parking South of Van Emmon st,east side IL,47 Metal framed sign Sign is within ROW. Sign exceeds 4 sq It maximum for parkingldirectional signs. Request variance to relocate as Is. 3KC0077 Town Square NW corner of Main St Wood sign City sign is within TE&must be moved. Relocate as is. 3KC0078 Pride Pantry South of Center St,east side IL 47 Metal pole, lighted Sign is within ROW Sign exceeds 32 sq ft and 8'height. Due to poor condition of metal pole: recommend removing sign, salvage whatever possible, and erect new conforming sign 3KC0079 Accessible Living SE corner of Center St 2 wood posts and wood sign Sign is within ROW,but it conforms. Relocate as is. 3KC0094 Happy Hounds West side of IL 47 across from Park St 2 wood posts and wood sign Sign is within ROW. Sign exceeds 32 sq ft. Nice,quality sign. Request variance to relocate as is. 3KC0096 Wyeth Law North of Park St,west side of IL47 2 wood posts and wood sign Sign is within ROW,but it conforms. Relocate as is 3KC0099 Farmers Insurance Across from Applelree Ct 2 metal posts and wood sign Sign is within TE only. Not impacted. Leave as is. Parcel Sign face Location Description Comments IL 47 - 3KC0103 Travel Services North of Appletree Cl,west side IL 47 Metal box sign,ground mounted, lighted Sign is within ROW. Sign exceeds 32 sq ft. Nice quality sign. Request variance to relocate as is. 3KC0104 Bella Tressa &others North of Appletree Ct,east side IL 47 Metal box sign Ground mounted, lighted Sign is within ROW. Sign exceeds 32 sq ft. Nice quality sign. Request variance to relocate as is. 3KC0104 Aunt Martha Youth Service North of Appletree Ct,east side IL.47 2 wood post and laminaled isgn Not impacted but s 5'from ROW. Otherwise sign conforms. Sign is not a sight or safely concern. Allow sign to remain as legal non-conforming 3KC0105 Lo Destro Dentists North of Appletree Ct,west side IL 47 2 stone/brick columns Sign is within ROW. Sign exceeds 32 sq ft. Nice quality sign. Request variance to relocate as is 3KC0107 Fox Valley Shirt Company South of Walnut St,east side IL 47 2 stone columns Sign is within ROW,but it conforms. Relocate as is. 3KC0136 Fox Valley Trading Comp Southeast corner of Walnut St Stone wingwalls Sign is within ROW,but it conforms. Relocate as is 3KC0108 Auto Owners Insurance SW of Walnut St Metal box sign Not impacted. z 5'from ROW. Sign to remain. 3KC0110 Sunset Motel South of Landmark Dr west side IL 47 Odd shaped metal support, lighted Sign is within ROW Sign exceeds 8'height. Due to poor condition, recommend removing sign, salvage whatever possible, and erect new conforming sign 3KC0110 Sunset Motel Entrance South of Landmark Dr,west side 1L 47 2 wood post and wood signs(2 signs) Not impacted. a 5'from ROW Signs to remain. 3KC0112 U-Haul&others NW corner of Landmark Dr 1 metal pole TE only. Not impacted. Sign to remain. 3KC0115 Jewel North of Landmark Dr 2 brick columns,metal box sign Not impacted, buts 5'from ROW. Nice quality sign. Sign exceeds 32 sq ft and 8'height. Sign is not a sight or safety concern. Allow sign to remain as legal non-conform 3KC01 i6 Bowl and Subway NW of Landmark Dr 2 metal poles TE only. Not impacted. Sign to remain. 3KC0117 Chase Bank SE corner of US 34 Metal box sign Not impacted, z 5'from ROW. Sign to remain. 3KC0118 BP Gas&AM/PM NE corner of US 34 Large brick column Sign is within ROW Sign exceeds 32 sq ft and 8'height. Nice new quality sign. Request variance to relocate as is. 3KC0143 Aldi North of US 34,east side IL 47 Metal box sign,ground mount TE only. Not impacted. Sign to remain. 3KC0120 Funeral Home South of Countryside Pkwy,west IL 47 Brick base,metal box sign Not impacted. ?5'from ROW. Sign to remain. 3KC0121 Old 2"1 Bank SW corner of Countryside Pkwy Brick base, metal box sign Not impacted. a 5'From ROW Sign to remain Parcel Sign face Location Description Comments US 34 3KC0137 Castle Bank NE corner of Center Parkway Large stone&brick sign Sign is within ROW Sign exceeds 32 sq ft and 8'height Nice new quality sign Request variance to relocate as is. 3KC0125 McDonalds East of Center Pkwy,north side US 34 1 metal pole Sign is within ROW Sign exceeds 32 sq ft and 8'height Typical McD sign, Request variance to relocate as is 3KC0126 Shell NW corner of IL 47 Large sign with 2 metal columns Not impacted. ?5'from ROW Sign to remain. 3KC0138 Coleman Chiropractic East of Center Pkwy,S side US 34 Metal pole 2 signs at 1 site. Recommend removing both signs, 3KC0138 Yorkville Massage East of Center Pkwy,S side US 34 2 wood posts and wood sign salvage whatever possible, and erect 1 new conforming sign. 3KC0127 Payday Loans SW corner of IL 47 2 metal poles, metal box sign Not impacted. a 5'from ROW. Sign to remain. 3KC0118 BP Gas&AM/PM NE corner of IL 47 Large brick column Sign is within ROW. Sign exceeds 32 sq ft and 8'height Nice new quality sign Request variance to relocate as is 3KC0130 Duy's Shoes East of IL 47, north side US 34 2 metal poles, lighted Sign is within ROW. Sign exceeds 32 sq ft and 8'height. Nice quality sign. Request variance to relocate as is 3KC0131 Katydidit Flowers East of It_47, north side U5 34 2 large columns+ brick landscape 2 signs at 1 site. Recommend removing both signs, 3KC0131 Ugly's Hot Dogs East of IL 47, north side US 34 Metal pole salvage whatever possible, and erect 1 new conforming sign. There are also at least 12 various"Property for Sale/Rent"signs that I did not list. These are usually temporary signs,and I assume that the City of Yorkville allows these as long as they are not a hazard or do not cause a site distance problem. IDOT REFERENCE#(Parcel) 3KC- O I Curbside Assessment for IDOT — Sign Worksheet Sign Face GVA,- [. ��ypJ Location: Route 34 Route Date 3a— !a Visual assessment: A. Sign Area (circle one): 32 SF and under Over 32 SF 64 SF Over 64 SF B. Sign Sleight(circle one): feet or unde Over 8 feet (Based on centerline of road) �x r rr„+G' C. Yard Requirements(circle one): Sign is over 5 feet away from driveway/lot line. YES NO ,-7—c < I+l c A16P Sign (if over 30") is within 25' sight triangle. YES NO �'u'• re-MP D. Illumination (circle one): Sign is illuminated. YES NO G'rA-C-e- Description: E. Sign Maintenance (circle one): Sign is being maintained. CiD NO Description: F. Abandoned Signs (circle one): Abandoned OR OT Abandone Other- Message Board (circle one): Separate sign from existing sign N/A- YES If half of existing sign; Less than A of the SF of existing sign �[ YES NO Additional notes: _ 'rbOT 6IJ4y A4-' (Z-t R(NC JZ1mP c7(sc h�''r-�T nom,.,rJ C K /-tA c,? D Y PA-LA TO 061 cyc` Sr GrJ D,.4 21 of C,g Pr f C77,-s W! Fc CyW&jt -E C—< CeY. �1� s �fc`7Y�A-C�. S«n! ...� c) S N(>Z' C 4•�. S a� s �s c= 1J L,R.c,s G o N 17'9,,C-nr 0 i✓ Curbside Assessment for IDOT — Compliance Worksheet Appears to Comply Appears NOT to Comply A. Sign Area (circle one): 32 SF sign or under Less than 3 acres Over 3 acres OVER 32 SF sign Over 3 acres Less than 3 acres 64 SF sign Over 3 acres Less than 3 acres OVER 64 SF sign Any acreage Lot acreage: B. Sign Height: Appears to be 8 feet or less Over 8 feet . Top of sign cannot be over 8' from the centerline of the road. C. Yard Requirements: Signs shall be located 5 feet from any driveway and lot line. 5 feet or more Less than 5 feet Signs over 30 inches tall may not be located within the 25 foot sight triangle (corner). Out of 25'triangle In 25'triangle D. Illumination : P/Nhe illumination of all signs shall be diffused or indirect.....exposed light bulbs, neon tubing, flashing, blinking,traveling and similar illumination, including illuminated canopies are not permitted. Diffused/indirect lighting Exposed lighting E. Sign Maintenance : Good condition X" Poor condition F. Abandoned Signs : NOT abandoned Abandoned Other- Message Board : NIA- Y2 of existing sign separate sign more than%of existing sign Additional notes: MOT REFERENCE#(Parcel) 3KC- 007 Curbside Assessment for IDOT„— Sign Worksheet Sign Face A,�J J'C44-A tc-OX — a7?-fr—MY _ Location: Route 34 =Ljt Date 4--30—/& Visual assessment: A. Sign Area (circle one): 32 SF and under 64 SF Over 64 SF B. Sign Height(circle one): feet or under Over 8 feet Based on centerline of roa 4 � �� av� J C. Yard Requirements (circle one): Sign is over 5 feet away from driveway/lot line. YES NO 'rJf'4 PaaP Sign (if over 30") is within 25' sight triangle. YES NO D. Illumination (circle one): Sign is illuminated. YES NO Description: E. Sign Maintenance (circle one): Sign is being maintained. YES NO Description: F. Abandoned Signs (circle one): Abandoned OR OT Abandone Other-Message Board (circle one): Separate sign from existing sign YES NO If half of existing sign; Less than Y of the SF of existing sign ✓ YES NO Additional notes: StGrj Z' ti?,et.J A11Pt- sc` 2 N L3,r..��rr�`�' Curbside Assessment for IDOT — Compliance Worksheet Appears to Comply Appears NOT to Comply A. Sign Area (circle one): 32 SF sign or under Less than 3 acres Over 3 acres ER 32 SF sign Over 3 acres Less than 3 acres 64 SF sign Over 3 acres Less than 3 acres OVER 64 SF sign Any acreage Lot acreage: B. Sign Height: Appears to be C1 feet or les Over 8 feet Top of sign cannot be over 8'from the centerline of the road. C. Yard Requirements: µu:'- Signs shall be located 5 feet from any driveway and lot line. 5 feet or more Less than 5 feet µc>vew Signs over 30 inches tall may not be located within the 25 foot sight triangle (corner). Out of 25'triangle In 25'triangle D. Illumination : The illumination of all signs shall be diffused or indirect.....exposed light bulbs, neon tubing, flashing, blinking,traveling and similar illumination, including illuminated canopies are not permitted. Diffused/indirect lighting �C. Exposed lighting E. Sign Maintenance : Good condition y�� Poor condition F. Abandoned Signs: NOT abandoned Abandoned Other-Message Board : �)l %of existing sign separate sign l_I more than'/:of existing sign Additional notes: IDOT REFERENCE#(Parcel) 3KC- CV3 3 o Curbside Assessment for [DOT-- Sipn Worksheet Sign Face S ha +der'S Location: Route 34 oute Date 4-ya_/a Visual assessment: A. Sign Area (circle one): 32 SF and under Over 32 SF 64 SF Over 64 SF s B. Sign Height(circle one): 8 feet or under Over 8 f ee (Based on centerline of road) C, C. Yard Requirements (circle one): Sign is over 5 feet away from driveway/lot line. YES NO 4a`' Sign (if over 30") is within 25' sight triangle. YES !n C D. iliumination (circle one): Sign is illuminated. YE �NO� Description: E. Sign Maintenance(circle one): Sign is being maintained. ES NO Description: F. Abandoned Signs (circle one): Abandoned OR NOT Abandon Other- Message Board (circle one): Separate sign from existing sign YES NO If half of existing sign; Less than Y of the SF of existing sign YE5 NO Additional notes: S160/ ss W e r?,�i�r f4-ftrm rgz /? . N N l P,-*' _ 4" --A I-z Curbside Assessment for IDOT — Compliance Worksheet Appears to Com I Appears NOT to Comply A. Sign Area (circle one): 32 SF sign or under Less than 3 acres Over 3 acres OVER3 2 SF si n Over 3 acres Less than 3 acres ^ 64 SF sign Over 3 acres Less than 3 acres OVER 64 SF sign Any acreage Lot acreage: B. Sign Height: Appears to be 8 feet or less Over 8 feet Top of sign cannot be over 8'from the centerline of the road. C. Yard Requirements: kS1C Signs shall be located 5 feet from any driveway and lot line. 5 feet or more Less than 5 feet Signs over 30 inches tall may not be located within the 25 foot sight triangle (corner). Out of 25'triangle x In 25'triangle D. Illumination : The illumination of all signs shall be diffused or indirect.....exposed light bulbs, neon tubing, flashing, blinking,traveling and similar illumination, including illuminated canopies are not permitted. Diffused/indirect lighting X Exposed lighting E. Sign Maintenance : Good condition _X Poor condition F. Abandoned Signs : NOT abandoned lk/ Abandoned Other-Message Board : Yz of existing sign _ separate sign more than Yz of existing sign Additional notes: IDOT REFERENCE# (Parcel) 3KC- 00 -/D Curbside Assessment for MOT — Sign Worksheet Sign Face 1` &AT SOS 7"1 Location: Route 34 Route 47 Date Visual assessment: A. Sign Area (circle one): 32 SF and under ver 32 SF 64 SF Over 64 SFs B. Sign Height(circle one): 8 feet or under Over a (Based on centerline of road) i LJ C. Yard Requirements (circle one): Sign is over 5 feet away from driveway/lot line. YES Sign (if over 30") is within 25' sight triangle. YE NO D. Illumination (circle one): Sign is illuminated. YES NO Description: E. Sign Maintenance (circle one): Sign is being maintained. YES Description: F. Abandoned Signs (circle one): Abandoned OR 02tiband Other- Message Board (circle one): Separate sign from existing sign CT E;> NO If half of existing sign; Less than%of the SF of existing sign YES NO Additional notes:. </G,J Z-1 I... lam,,,(- f R O�rgEQ P w — B re _.. �' r'orsTZ C 0 41 t)P-�n o� t L C r .; �+...�s- _I�r e S ,k..1 r r►i RFC o irk _ (,/) , S".4c-vh A-5 &X-r R c. J Curbside Assessment for MOT — Compliance Worksheet Appears to Comply Appears NOT to Comply A. Sign Area (circle one): 32 SF sign or under Less than 3 acres Over 3 acres OVER 32 S Over 3 acres Less than 3 acres k 64 SF sign Over 3 acres Less than 3 acres OVER 64 SF sign Any acreage Lot acreage: B. Sign Height: Appears to be 8 feet or less Over 8 feet Top of sign cannot be over 8'from the centerline of the road. C. Yard Requirements: �(} Signs shall be located 5 feet from any driveway and lot line. 5 feet or more Less than 5 feet Signs over 30 inches tali may not be located within the 25 foot sight triangle (corner). Out of 25'triangle In 25' triangle _ D. Illumination : The illumination of all signs shall be diffused or indirect.....exposed light bulbs, neon tubing, flashing, blinking,traveling and similar illumination, including illuminated canopies are not permitted. Diffused/indirect lighting Exposed lighting E. Sign Maintenance : Good condition Poor condition _ F. Abandoned Signs: NOT abandoned Abandoned Other- Message Board : % of existing sign separate sign more than''/:of existing sign Additional notes: IDOT REFERENCE#(Parcel) 3KC- C�4�4 Curbside Assessment for IDOT— Sign Worksheet Sign Face C,) L! o Location: Route 34 Route 47 Date Visual assessment: A. Sign Area (circle one): 32 SF and under 64 SF Over 64 SF �S B. Sign Height(circle one): 8 feet or under ver 8 (Based on centerline of road) -51 f*+1 Ili C. Yard Requirements(circle one): Sign is over 5 feet away from driveway/lot line. YES Sign (if over 30") is within 25' sight triangle. YES NO D. Illumination (circle one): Sign is illuminated. YES NO Description: E. Sign Maintenance (circle one): Sign is being maintained. YES 7 NO Description: F. Abandoned Signs (circle one): Abandoned OR OTAbandone Other- Message Board (circle one): Separate sign from existing sign ca NO If half of existing sign; Less than Y2 of the SF of existing sign YES =NO Additional notes: S 160, rS G� t'�,F!N 12,eo Pis $7 r21 ��c-1 oe-,�) Fyf, .,..,,SfG�. �1�tj G 'S 1 Fc. , e7'j?—(G'}2:1— tt'GN Soo cV'A Cry A-1 Avl[RLf^_ /-S J� Curbside Assessment for IDOT — Compliance Worksheet Appears to Comply, Appears NOT to Comply A. Sign Area (circle one): 32 SF sign or under Less than 3 acres Over 3 acres q2YOM Over 3 acres Less than 3 acres-- 64 SF sign Over 3 acres Less than 3 acres OVER 64 SF sign Any acreage Lot acreage: B. Sign Height: Appears to be 8 feet or less Over 8 feet Top of sign cannot be over 8' from the centerline of the road. C. Yard Requirements: rA, S1—�o�� Signs shall be located 5 feet from any driveway and lot line. 5 feet or more Less than 5 feet Signs over 30 inches tall may not be located within the 25 foot sight triangle (corner). Out of 25'triangle Ik/ In 25'triangle D. Illumination : The illumination of all signs shall be diffused or indirect.....exposed light bulbs, neon tubing, flashing, blinking,traveling and similar illumination, including illuminated canopies are not permitted. Diffused/indirect lighting Exposed lighting FA)R E. Sign Maintenance : condition Poor condition F. Abandoned Signs : NOT abandon Abandoned Other- Message Board : Y2 of existing sign separate sign more than%of existing sign Additional notes: IDOT REFERENCE#(Parcel) 3KC- ( U Curbside Assessment for IDOT — Sign Worksheet Sign Face 'to#? V er e-c;- c.c C L L,6 Location: Route 34 11tP 47- Date Visual assessment: flD fm 0:-r A. Sign Area (circle one) Over 32 SF 64 SF Over 64 SF B. Sign Height (circle one . E feet or under Over S feet (Based on centerline of road) C. Yard Requirements(circle one): Sign is over 5 feet away from driveway/lot line. YES Sign (if over 30") is within 25'sight triangle. YES NO D. Illumination (circle one): Sign is illuminated. NO Description: E. Sign Maintenance (circle one): Sign is being maintained. YES NO Description: F. Abandoned Signs (circle one): Abandoned OR NOT Abandone Other- Message Board (circle one): Separate sign from existing sign YES NO If half of existing sign; Less than %of the SF of existing sign YES NO Additional notes: 7-4f11' x-r h Fkpt-t C rlr'2 arc Cc` r rG^✓. SIGN T-S' ,T?UT Z>If C"C 7-e- X',+,fib c MO ,A /7 r- �-i 7Z RKtCr- L[=Grp AIG N - Ib N J:;�RM r N G- Curbside Assessment for IDOT — Compliance Worksheet Appears to Comply Appears NOT to Comply A. Sign Area (circle one): 32 SF sign or under Less than 3 acres Over 3 acres OVER 32 SF sign Over 3 acres Less than 3 acres 64 SF sign Over 3 acres Less than 3 acres OVER 64 SF sign Any acreage Lot acreage: B. Sign Height: Appears to be 8 feet or less `�� Over 8 feet Top of sign cannot be over 8'from the centerline of the road. C. Yard Requirements: Signs shall be located 5 feet from any driveway and lot line. 5 feet or more Less than 5 feet Signs over 30 inches tall may not be located within the 25 foot sight triangle (corner). Out of 25' triangle In 25'triangle D. Illumination : The illumination of all signs shall be diffused or indirect.....exposed light bulbs, neon tubing, flashing, blinking,traveling and similar illumination, including illuminated canopies are not permitted. Diffused/indirect lighting Exposed lighting E. Sign Maintenance : Good condition Poor condition F. Abandoned Signs : NOT abandoned Abandoned Other-Message Board : %z of existing sign separate sign more than%:of existing sign Additional notes: MOT REFERENCE# (Parcel) 31KC-0�S Curbside Assessment for IDOT -- Sign Worksheet Sign Face N G ? Location: Route 34 oute 47 Date Visual assessment., A. Sign Area (circle one): 32 SF and under Over 32 SF 64 SF Over 64 SF Ire B. Sign Height (circle one): eet or nu ` Over 8 feet (Based on centerline of road) fr3'� C. Yard Requirements (circle one): Sign is over 5 feet away from driveway/lot line. YES Sign (if over 30") is within 25'sight triangle. YES NO PIV D. Illumination (circle one): Sign is illuminated. YES NO Description: E. Sign Maintenance (circle one): Sign is being maintained. YES NO Description: F. Abandoned Signs(circle one): Abandoned OR OT Abandone Other- Message Board (circle one): Separate sign from existing sign YES If half of existing sign; Less than%of the SF of existing sign YES Additional notes: _ S rG F,) C�,7 C S ^-r5 P^7(- r"G Sr G/j s 1z: �7-r -- , — f 5-1 72 eQ ?f r V4-9 i ^JC tc Tz) &moo c.�- Curbside Assessment for [DOT — Compliance Worksheet Appears to Comply Appears NOT to Comply A. Sign Area (circle one): 32 SF sign or under Less than 3 acres Over 3 acres OVER 32 SF sign Over 3 acres Less than 3 acres 64 SF sign Over 3 acres Less than 3 acres OVER 64 SF sign Any acreage Lot acreage: B. Sign Height: Appears to be 8 feet or less Over 8 feet Top of sign cannot be over 8'from the centerline of the road. C. Yard Requirements: `,.t'►^�kT Signs shall be located 5 feet from BUJ' any driveway and lot line. 5 feet or more Less than 5 feet Signs over 30 inches tall may not be located within the 25 foot sight triangle (corner). Out of 25'triangle In 25'triangle D. Illumination : The illumination of all signs shall be diffused or indirect.....exposed light bulbs, neon tubing, flashing, blinking,traveling and similar i lumination, including illuminated canopies are not permitted. �ffused/indirect lighting Exposed lighting g E. Sign Maintenance : Good condition �� Poor condition F. Abandoned Signs : NOT abandoned Abandoned Other- Message Board : '/:of existing sign separate sign more than Y2 of existing sign Additional notes: IDOT REFERENCE#(Parcel) 3KC- CD 7 Curbside Assessment for IDOT-- Sign Worksheet Sign Face Tiro r P,--�-tj i 2 Y Location: Route 34 Route 4 Date Visual assessment: A. Sign Area (circle one): 32 SF and under Over 32 5 64 SF Over 64 SF Y3 B. Sign Height(circle one): 8 feet or under Over 8 feet (Based on centerline of road) �ti C. Yard Requirements (circle one): Sign is over 5 feet away from driveway/lot line. YES NO J Sign (if over 30") is within 25' sight triangle. YES NO D. illumination (circle one): Sign is illuminated. Q7r::) NO Description: E. Sign Maintenance (circle one): Sign is being maintained. YES NO Description: F. Abandoned Signs (circle one): Abandoned OR Cj OT Ab Other-Message Board (circle one): Separate sign from existing sign YES <Zia If half of existing sign; Less than%:of the SF of existing sign Nl7` YES NO Additional notes:. </G fJ r 12170 ru Fez IP w c� #' i2 c o v ` S 1 S A-C-UA-G c �4-S �o sl Gc �►4.,,n _ C7Lr C� h't`trJ $t G iy Curbside Assessment for MOT — Compliance Worksheet Appears to Comply Appears NOT to Comply A. Sign Area (circle one): 32 SF sign or under Less than 3 acres Over 3 acres <ZPAE3 SF si Over 3 acres Less than 3 acres X^ 64 SF sign Over 3 acres Less than 3 acres OVER 64 SF sign Any acreage Lot acreage: B. Sign Height: Appears to be 8 feet or less Over 8 feet Top of sign cannot be over 8' from the centerline of the road. C. Yard Requirements: �s� Signs shall be located 5 feet from any driveway and lot line, 5 feet or more Less than 5 feet_�°b Signs over 30 inches tall may not be located within the 25 foot sight triangle (corner). Out of 25' triangle In 25'triangle D. Illumination : The illumination of all signs shall be diffused or indirect.....exposed light bulbs, neon tubing, flashing, blinking, traveling and similar illumination, including illuminated canopies are not permitted. Diffused/indirect lighting }� Exposed lighting E. Sign Maintenance : Good condition Poor condition F. Abandoned Signs : NOT abandoned Abandoned Other-Message Board : -- Y2 of existing sign separate sign !! more than%2 of existing sign Additional notes: IDOT REFERENCE#t(Parcel) 3KC- 0 0 9 7 Curbside Assessment for iDOT — Sign Worksheet Sign Face Y N-0 , N -5' Location: Route 34 ute Date Visual assessment: S-d A. Sign Area (circle one): 32 SF and under Over 3��j5 64 SF Over 64 SF �r B. Sign Height(circle one): Q feet or under Over 8 feet (Based on centerline of road) i C. Yard Requirements (circle one): Sign is over 5 feet away from driveway/lot line. YES NO Sign (if over 30") is within 25'sight triangle. YES NO D. Illumination (circle one): Sign is illuminated. YE NO Description: E. Sign Maintenance (circle one): Sign is being maintained. S NO Description: F. Abandoned Signs (circle one); Abandoned OR OT Aban d Other- Message Board (circle one): Separate sign from existing sign YES NO If half of existing sign; Less than%of the SF of existing sign ale _ YES NO Additional notes: S 167,- ;c s cam, t Z74/N PK s Pa XC-23 X NICG'^ A/C „ S<<rN I?r> r T r V 61e C r T-z /Z e--�Cg}-17C- S 46t " A,S 475% Curbside Assessment for IDOT-- Compliance Worksheet Appears to Comply Appears NOT to Comply A. Sign Area (circle one): 32 SF sign or under Less than 3 acres Over 3 acres VER 32 SF sign Over 3 acres Less than 3 acres, 64 SF sign Over 3 acres Less than 3 acres OVER 64 SF sign Any acreage Lot acreage: B. Sign Height: Appears to be 8 feet or less Over 8 feet Top of sign cannot be over 8' from the centerline of the road. C. Yard Requirements: Signs shall be located 5 feet from Ey any driveway and lot line. 5 feet or more Less than 5 feet '� t"' Signs over 30 inches tall may not be located within the 25 foot sight triangle (corner). Out of 25'triangle In 25'triangle D. Illumination : The illumination of all signs shall be diffused or indirect.....exposed light bulbs, neon tubing, flashing, blinking, traveling and similar illumination, including illuminated canopies are not permitted. Diffused/indirect lighting Exposed lighting_, E. Sign Maintenance : Good condition Poor condition F. Abandoned Signs : NOT abandoned Abandoned Other- Message Board : NIA A of existing sign separate sign more than'/:of existing sign Additional notes: IDOT REFERENCE#(Parcel) 3KC- 01 03 Curbside Assessment for MOT — Sign Worksheet Sign Face A-V � Location: Route 34 =Route Date Visual assessment: A. Sign Area (circle one): 32 SF and under Over 32 5F----,, 64 SF Over 64 SF is B. Sign Height (circle on eet or under Over 8 feet (Based on centerline of road) frr! C. Yard Requirements(circle one): Sign is over 5 feet away from driveway/lot line. YES NO Sign (if over 30") is within 25'sight triangle. YES Q D. Illumination (circle one): Sign is illuminated. YES NO Description: E. Sign Maintenance (circle one): Sign is being maintained. YES NO Description: F. Abandoned Signs (circle one): Abandoned OR OTAbandone Other- Message Board (circle one): Separate sign from existing sign YES NO If half of existing sign; Less than Y2 of the SF of existing sign YES NO Additional notes:- :rrGoa TS Lr 1i7f/r► P,P_dI' K.o-,•n , SIGN, rX 7��3'At krf5ll Alvr Curbside Assessment for [DOT — Compliance Worksheet Appears to Comply Appears NOT to Comply A. Sign Area (circle one): 32 SF sign or under Less than 3 acres Over 3 acres OVER 32 SF sign Over 3 acres Less than 3 acres_z__ 64 SF sign Over 3 acres Less than 3 acres OVER 64 SF sign Any acreage Lot acreage: B. Sign Height: Appears to be 8 feet or less Over 8 feet Top of sign cannot be over 8'from the centerline of the road. C. Yard Requirements: Mµs� Signs shall be located 5 feet from c any driveway and lot line. 5 feet or more Less than 5 feet Signs over 30 inches tall may not be located within the 25 foot sight triangle (corner). Out of 25' triangle In 25'triangle D. Illumination : The illumination of all signs shall be diffused or indirect.....exposed light bulbs, neon tubing, flashing, blinking,traveling and similar illumination, including illuminated canopies are not permitted. Diffused/indirect lighting Exposed fighting E. Sign Maintenance : Good condition Poor condition F. Abandoned Signs : NOT abandoned Abandoned Other- Message Board : %of existing sign separate sign more than%2 of existing sign Additional notes: IDOT REFERENCE# (Parcel) 3KC- 0/0 Curbside Assessment for IDOT — Sign Worksheet Sign Face_ LEIV. 4- Location: Route 34 oute 47 Date :!5-- Visual assessment: 3SsQ A. Sign Area (circle one): 32 SF and underOver 32 S 64 SF Over 64 SF B. Sign Height(circle one): eet or under Over 8 feet (Based on centerline of road) C. Yard Requirements (circle one): Sign is over 5 feet away from driveway/lot line. YES Sign (if over 30") is within 25' sight triangle. YES NO D. Illumination (circle one): Sign is illuminated. YES NO Description: E. Sign Maintenance (circle one): Sign is being maintained. ES NO Description: F. Abandoned Signs (circle one): Abandoned OR NOT Abandone Other- Message Board (circle one): Separate sign from existing sign YES O If half of existing sign; Less than Y of the SF of existing sign 1,1114--YES NO Additional notes, GL'.S L., !t-z/"/ Pp-c!e I[.C}L.) . ZXG�� 5 2 Z S imr- Co-R.�6-,.d `� Curbside Assessment for IDQT — Compliance Worksheet Appears to Comply Apnears NOT to Comply A. Sign Area (circle one): 32 SF sign or under Less than 3 acres Over 3 acres OVER 32 SF sign Over 3 acres Less than 3 acres_ 64 SF sign Over 3 acres Less than 3 acres OVER 64 SF sign Any acreage Lot acreage: B. Sign Height: Appears to be 8 feet or less Over 8 feet Top of sign cannot be over 8'from the centerline of the road. C. Yard Requirements: S "Cr/ M.krT Signs shall be located 5 feet from V4 any driveway and lot line. 5 feet or more Less than 5 feet Signs over 30 inches tall may not be located within the 25 foot sight triangle (corner). Out of 25' triangle In 25'triangle D. Illumination : The illumination of all signs shall be diffused or indirect.....exposed light bulbs, neon tubing, flashing, blinking, traveling and similar illumination, including illuminated canopies are not permitted. Diffused/indirect lighting Exposed lighting E. Sign Maintenance : Good condition Poor condition F. Abandoned Signs : NOT abandoned x Abandoned Other- Message Board : %of existing sign /`� /�' separate sign more than 1/2 of existing sign Additional notes: IDOT REFERENCE# (Parcel) 3KC- Curbside Assessment for IDQT — Sign Worksheet Sign Face fir►— 1"Vr2L-1�- Location: Route 34 Route 47 Date -l0 Visual assessment: A. Sign Area (circle one): 2 SF and un a Over 32 SF 64 SF Over 64 SF B. Sign Height(circle one): S feet or un er Over 8 feet (Based on centerline of road) 4'SF:t- C. Yard Requirements (circle one): Sign is over 5 feet away from driveway/lot line. YES NO yew, Sign (if over 30") is within 25' sight triangle. YES D. Illumination (circle one): Sign is illuminated. YES NO Description: E. Sign Maintenance (circle one): Sign is being maintained. YES NO Description: F. Abandoned Signs (circle one): Abandoned OR Aban one Other- Message Board (circle one): Separate sign from existing sign YES NO If half of existing sign; Less than %of the SF of existing sign YES NO Additional notes: ej 1 riw,s L}�c cL3`�,j 7 4� L C. 13'� 1ZFc�w•.�1�7✓n La�&v�C' S!6 r-i _A.s Y c i Ae PAX` L e-G-7t'—' "6/J- CorJ F6 f't^i nJ(r' , : Curbside Assessment for IDOT — Compliance Worksheet Appears to Compiy Appears NOT to Comply A. Sign Area (circle one): 32 SF sign or under Less than 3 acres Over 3 acres OVER 32 SF sign Over 3 acres Less than 3 acres 64 SF sign Over 3 acres Less than 3 acres OVER 64 SF sign Any acreage Lot acreage: B. Sign Height: Appears to be 8 feet or less _ Over 8 feet Top of sign cannot be over 8'from the centerline of the road. C. Yard Requirements: 5 1&-tj W I L L- RE *!.5r„�' '• Signs shall be located 5 feet from pQ„p R-OV.1 any driveway and lot line. 5 feet or more Less than 5 feet_ Signs over 30 inches tall may not be located within the 25 foot sight triangle (corner). Out of 25' triangle In 25'triangle D. illumination : The illumination of all signs shall be diffused or indirect.....exposed light bulbs, neon tubing, flashing, blinking, traveling and similar illumination, including illuminated canopies are not permitted. Diffused/indirect lighting Exposed lighting E. Sign Maintenance : Good condition Poor condition F. Abandoned Signs : NOT abandoned Abandoned Other-Message Board : % of existing sign separate sign more than%of existing sign Additional notes: MOT REFERENCE#(Parcel) 3KC- Curbside Assessment for MOT — Sign Worksheet Sign Face 1-0 1Je-s-TR6 Location: Route 34 Route 47 Date Sr-(o-(C) Visual assessment: 4(C>lTF7- A. Sign Area (circle one): 32 SF and under QOver 32 SF 64 SF Over 64 SF B. Sign Height circle one): feet or and Over 8 feet s Ibpi �r g g ( ) (Based on centerline of road C. Yard Requirements (circle one): Sign is over 5 feet away from driveway/lot line. YES NO ecAp Sign (if over 30") is within 25' sight triangle. YES D. Illumination (circle one): Sign is illuminated. YES NO Description: E. Sign Maintenance (circle one): Sign is being maintained. YES NO Description: F. Abandoned Signs (circle one): Abandoned OR OT Abandons Other-Message Board (circle one): Separate sign from existing sign YES P�� If half of existing sign; Less than %of the SF of existing sign 1,114_ YES NO Additional notes: S/61-} zs U- tTW�.-r t: /Z p6 sE?� jek�L . . - G^j exc= 3- .7 Z. Sy E= Ntcz DzfcJ-- Go /A, Curbside Assessment for lDOT— Compliance Worksheet Appears to Comply Appears NOT to Comply A. Sign Area (circle one): 32 SF sign or under Less than 3 acres Over 3 acres OVER 32 SF sign Over 3 acres Less than 3 acres 64 SF sign Over 3 acres Less than 3 acres OVER 64 SF sign Any acreage Lot acreage: B. Sign Height: Appears to be 8 feet or less /< Over 8 feet Top of sign cannot be over 8'from the centerline of the road. C. Yard Requirements: rKS� Signs shall be located 5 feet from Q � any driveway and lot line. 5 feet or more Less than 5 feet_ Signs over 30 inches tall may not be located within the 25 foot sight triangle (corner). Out of 25'triangle In 25'triangle D. Illumination : The illumination of all signs shall be diffused or indirect.....exposed light bulbs, neon tubing, flashing, blinking, traveling and similar illumination, including illuminated canopies are not permitted. Diffused/indirect lighting Exposed lighting X E. Sign Maintenance : Good condition �T Poor condition F. Abandoned Signs: NOT abandoned 1r Abandoned Other-Message Board : —' %= of existing sign separate sign more than%of existing sign Additional notes: MOT REFERENCE#(parcel) 3 K-_° /I o Curbside Assessment fo_r_IDOT — Sign Worksheet Sign Face S k 4 /",D 7—&-e-- Location: Route 34 oute 47 Date S 6- /O Visual assessment: A. Sign Area (circle one): 32 SF and un Over 32 SF 64 SF Over 64 SF 8. Sign Height(circle one): 8 feet or under Over 8 feet (Based on centerline of road) tro.a rs- N C. Yard Requirements (circle one): Sign is over 5 feet away from driveway/lot line, YES NO ?to? QOM' Sign (if over 30") is within 25' sight triangle. YES NO D. Illumination (circle one): Sign is illuminated. CYD NO Description: E. Sign Maintenance (circle one): Sign is being maintained. YES NO Description: F. Abandoned Signs (circle one): Abandoned OR bandone Other- Message Board (circle one): Separate sign from existing sign !/A YES NO If half of existing sign; Less than A of the SF of existing sign �1/ 1T YES NO Additional notes: !;16AJ r.S- I-- -T7','tld fey & E"� au (,� _ CMG 1) S 1 GiV r/V PCs C' I ^J121 7-2,n 1v . S /G n1 > t47Z�-r . C�/V_�r7-i�n� R-ES'•�M .+�►f�.-•!/��2Ci�oyC�' S�Grp, :5A C.✓AC'rF c.--,� � 7vCt Po r r1,C� ,/n LEge-,r— tee- Curbside Assessment for IDQT — Compliance Worksheet Appears to Comply Appears NOT to Comply A. Sign Area (circle one): 32 SF sign or under Less than 3 acres Over 3 acres OVER 32 SF sign Over 3 acres Less than 3 acres 64 SF sign Over 3 acres Less than 3 acres OVER 64 SF sign Any acreage Lot acreage: B. Sign Height: Appears to be 8 feet or less Over 8 feet Top of sign cannot be over 8'from the centerline of the road. C. Yard Requirements: Signs shall be located 5 feet from ire D 6-�p any driveway and lot line. 5 feet or more Less than 5 feet Signs over 30 inches tall may not be located within the 25 foot sight triangle (corner). Out of 25'triangle In 25'triangle D. Illumination : The illumination of all signs shall be diffused or indirect.....exposed light bulbs, neon tubing, flashing, blinking,traveling and similar illumination, including illuminated canopies are not permitted. Diffused/indirect lighting Exposed lighting E. Sign Maintenance : Good condition Poor condition F. Abandoned Signs : NOT abandoned _ Abandoned Other- Message Board : %a of existing sign separate sign more than%:of existing sign Additional notes: IDOT REFERENCE#(Parcel) 3KC- 611J— Curbside Assessment for IDOT — Sign Worksheet Sign Face J C A96 Location: Route 34 oute 4 Date S- 0- /a Visual assessment: A. Sign Area (circle one): 32 SF and under ver 32 iG, 64 SF Over 64 SF B. Sign Height circle one): 8 feet or under Over S fe t ) g g ( ) (Based on centerline of road a.crs�b� C. Yard Requirements (circle one): Sign is over 5 feet away from driveway/lot line. YES NO Sign (if over 30") is within 25' sight triangle. YES NO D. Illumination (circle one): Sign is illuminated. YE NO Description: E. Sign Maintenance (circle one): Sign is being maintained. YES NO Description: F. Abandoned Signs (circle one): Abandoned OR OT Abandone Other- Message Board (circle one): Separate sign from existing sign �� YES NO if half of existing sign; Less than%of the SF of existing sign YES NO Additional notes: S/G IB TI N 07 r)1 z =(-Xh bt-CZEY) W /GL Z? / ': o �,r ��aF Pf OP 4c5c.a . SiGnJ IZ ,ne-?.j 7 C V4 SlGN C 3 Co CT: w, 5 !Gr X5 1467' c-'>,e 5 AF C-7 y Cx�. r✓CC`X/s) Curbside Assessment for iDOT -- Compliance Worksheet Appears to Comply Appears NOT to Comply A. Sign Area (circle one): 32 SF sign or under Less than 3 acres Over 3 acres OVER 32 SF sign Over 3 acres Less than 3 acres XS 64 SF sign Over 3 acres Less than 3 acres OVER 64 SF sign Any acreage Lot acreage: B. Sign Height: Appears to be 8 feet or less Over 8 feet Top of sign cannot be over 8'from the centerline of the road. C. Yard Requirements: Signs shall be located 5 feet from any driveway and lot line. 5 feet or more Less than 5 feet _ Signs over 30 inches tall may not be located within the 25 foot sight triangle (corner). Out of 25' triangle In 25'triangle D. Illumination : The illumination of all signs shall be diffused or indirect.....exposed light bulbs, neon tubing, flashing, blinking, traveling and similar illumination, including illuminated canopies are not permitted. Diffused/indirect lighting Exposed lighting E. Sign Maintenance : Good condition Poor condition F. Abandoned Signs NOT abandoned Abandoned Other Message Board : %of existing sign separate sign more than%of existing sign Additional notes: IDOT REFERENCE#(Parcel) 3KC Curbside Assessment for IDOT -- Sign Worksheet Sign Face EP � A-,., - /-, Location: Route 34 cute 4 Date_ Visual assessment: A. Sign Area (circle one): 32 SF and under Over 3 Zy r f 64 SF Over 64 5F B. Sign Height(circle one): 8 feet or under Over 8 fe (Based on centerline of road) w C. Yard Requirements (circle one): Sign is over 5 feet away from driveway/lot line. YES NO PieaP R°1� Sign (if over 30") is within 25' sight triangle. YES NO D. Illumination (circle one): Sign is illuminated. YES NO Description: E. Sign Maintenance (circle one): Sign is being maintained. YE5 NO Description: F. Abandoned Signs (circle one): Abandoned OR NOT Abando Other-Message Board (circle one): Separate sign from existing sign IYE NO If half of existing sign; Less than%of the SF of existing sign NO Additional notes: S lee Ts w r iN &612 e4 W . N/Ce- 3Z s ri-f Nom, /�tf% P,---apt,e ST ViW,k.-1 Ize- 7a iZ eZ o C.4 2 SI rnJ _ s 2--S-- ___ Curbside Assessment for [DOT — Compliance Worksheet Appears to Comply Appears NOT to Comply A. Sign Area (circle one): 32 SF sign or under Less than 3 acres Over 3 acres OVER 32 SF sign Over 3 acres Less than 3 acres_ 64 SF sign Over 3 acres Less than 3 acres OVER 64 SF sign Any acreage Lot acreage: B. Sign Height: Appears to be 8 feet or less Over 8 feet _ Top of sign cannot be over 8' from the centerline of the road. C. Yard Requirements: SST Signs shall be located 5 feet from �°� novdD any driveway and lot line. 5 feet or more Less than 5 feet�i Signs over 30 inches tall may not be located within the 25 foot sight triangle (corner). Out of 25' triangle X In 25'triangle D. Illumination : The illumination of all.signs shall be diffused or indirect.....exposed light bulbs, neon tubing, flashing, blinking,traveling and similar illumination, including illuminated canopies are not permitted. Diffused/indirect lighting Exposed lighting E. Sign Maintenance : Good condition Poor condition F. Abandoned Signs , NOT abandoned — Abandoned Other- Message Board : %a of existing sign /v separate sign more than%:of existing sign Additional notes: IDOT REFERENCE#(Parcel) 3KC- /3 Curbside Assessment for ]DOT — Sign Worksheet Sign Face CA SjLe- �Anl�-- Location: Route 34 Route 47 Date 4 Visual assessment: A. Sign Area (circle one): 32 SF and under ver 32 64 SF Over 64 SF B. Sign Height(circle one): 8 feet or under ver 8 feet (Based on centerline of road) s 14 t 'SS C. Yard Requirements (circle one): Sign is over 5 feet away from driveway/lot line. YES NO Sign (if over 30") is within 25' sight triangle. YES NO D. Illumination (circle one): Sign is illuminated. YES NO Description: E. Sign Maintenance (circle one): Sign is being maintained. YE5 NO Description: F. Abandoned Signs (circle one): Abandoned O NOT Abandoned Other- Message Board (circle one): Separate sign from existing sign A ]/,( YES NO If half of existing sign; Less than%of the SF of existing sign ry /�-- YES NO Additional notes: S/G,v W5 Gj/2MI62 If-eo &Z Raw• ,Jtcc A4 of � r Iii Gr�r' Q.fz�k err y h-R.r�v��' � _p fZ.e c.��•" 5 A r . Curbside Assessment for IDOT_ Compliance Worksheet Appears to Comply Appears NOT to Comply A. Sign Area (circle one): 32 5F sign or under Less than 3 acres Over 3 acres OVER 32 SF sign Over 3 acres Less than 3 acres 64 SF sign Over 3 acres Less than 3 acres OVER 64 5F sign Any acreage Lot acreage: B. Sign Height: Appears to be 8 feet or less Over 8 feet _ Top of sign cannot be over 8'from the centerline of the road. C. Yard Requirements: k�f Signs shall be located 5 feet from I�r� any driveway and lot line. 5 feet or more Less than 5 feet Signs over 30 inches tall may not be located within the 25 foot sight triangle (corner). Out of 25' triangle In 25'triangle D. illumination : The illumination of all signs shall be diffused or indirect.....exposed light bulbs, neon tubing, flashing, blinking, traveling and similar illumination, including illuminated canopies are not permitted. Diffused/indirect lighting Exposed lighting E. Sign Maintenance : Good condition Poor condition F. Abandoned Signs : NOT abandoned Other-Message Board : Yz of existing sign separate sign more than Y2 of existing sign Additional notes: [DOT REFERENCE#(Parcel) 3KC- L Curbside Assessment for [DOT — Sign Worksheet Sign Face ZD011JA S Location: oute 34 Route 47 Date Visual assessment:A. Sign Area (circle one): 32 SF and under r Over 32 SF 64 SF Over 64 SF 1C.14 M1C,-,ft-r B. Sign Height(circle one): 8 feet or under ver 8 feet (Based on centerline of road) C. Yard Requirements(circle one): Sign is over 5 feet away from driveway/lot line. YES NO Koo Sign (if over 30") is within 25' sight triangle. YES NO D. Illumination (circle one): Sign is illuminated. NO Description: E. Sign Maintenance (circle one): Sign is being maintained. YES NO Description: F. Abandoned Signs (circle one): Abandoned OR OT Abandone Other- Message Board (circle one): Separate sign from existing sign YES NO If half of existing sign; Less than%of the SF of existing sign YES NO Additional notes: SIG► X's t.� t J'd��✓ PPS,40-&02 2ot,J. so(c.N AS- 1 7 2 P1 CA- 0"A-e-n '`Gay ('ry cxcce 70r 3 z s IL -- Awl) �r ftrl G-q 7- . R O L-e S r o Sr G-r-+ /mss rs. Curbside Assessment for IDOT — Compliance Worksheet Appears to Comply Appears NOT to Comply A. Sign Area (circle one): 32 SF sign or under Less than 3 acres Over 3 acres OVER 32 5F sign Over 3 acres Less than 3 acres 64 SF sign Over 3 acres Less than 3 acres OVER 64 SF sign Any acreage Lot acreage: B. Sign Height: Appears to be 8 feet or less Over 8 feet Top of sign cannot be over 8'from the centerline of the road. C. Yard Requirements: r•k Jr Signs shall be located 5 feet from so any driveway and lot line. 5 feet or more Less than 5 feet Signs over 30 inches tall may not be located within the 25 foot sight triangle (corner). Out of 25'triangle In 25'triangle D. Illumination : The illumination of all signs shall be diffused or indirect.....exposed light bulbs, neon tubing, flashing, blinking,traveling and similar illumination, including illuminated canopies are not permitted. Diffused/indirect lighting X Exposed lighting E. Sign Maintenance : Good condition Poor condition F. Abandoned Signs : NOT abandoned Abandoned Other- Message Board : %:of existing sign separate sign more than%:of existing sign Additional notes: IDOT REFERENCE#(Parcel) 3KC- 0138 S'l G NS Curbside Assessment for IDOT — Sign Worksheet CD Sign Face �' o C C M A�]_ �'Hllf PIL,y CTI C'- -.. Yom✓r c L ' .ff S 1�4�6� Location: cute 34 Route 47 Date S-'G -/CD Visual assessment: A. Sign Area (circle one): 2 SF and under ver 32 SF • 64 SF Over 64 SF s A.le�e- B. Sign Height(circle one : 8 feet or under ver 8 feet (Based on centerline of road) 1Wt,J f C. Yard Requirements (circle one): Sign is over 5 feet away from driveway/lot line. YES &OF- Description: Sign (if over 30") is within 25' sight triangle. YES D. Illumination (circle one): Sign is illuminated. YES E. Sign Maintenance (circle one): Sign is being maintained. YES NO Description: F. Abandoned Signs (circle one): Abandoned OR OTAbando ` Other- Message Board (circle one): Separate sign from existing sign YES NO If half of existing sign; Less than %of the SF of existing sign / YES NO M11- 0 Additional notes: S 1C,-k,- JRP w r 7711,-1 102a /7�'l hl r, z OT R,4 7 r c�r-�r�.•r2—r�M rr1yE' v S ! NS S L LiAir, r W# rD�S`S c_!3 L Aro G`' i J 4,1&-t_j Curbside Assessment for IDOT — Compliance Worksheet Appears to Comply Appears NOT to Comply A. Sign Area (circle one): Q 32 5F sign or under Less than 3 acres Over 3 acres OVER 32 SF sign Over 3 acres Less than 3 acres�� 64 SF sign Over 3 acres Less than 3 acres OVER 64 SF sign Any acreage Lot acreage: B. Sign Height: Appears to be 8 feet or less z_ Over 8 feet Top of sign cannot be over S'from the centerline of the road. C. Yard Requirements: o Signs shall be located 5 feet from rwrT` any driveway and lot line. 5 feet or more Less than 5 feet at` M�vfib Signs over 30 inches tall may not be located within the 25 foot sight triangle (corner). Out of 25' triangle In 25'triangle D. Illumination : The illumination of all signs shall be diffused or indirect.....exposed light bulbs, neon tubing, flashing, blinking, traveling and similar illumination, including illuminated canopies are not permitted. t Diffused/indirect lighting Exposed lighting E. Sign Maintenance : Good condition Poor condition F. Abandoned Signs : NOT abandoned ✓� Abandoned Other- Message Board : %2 of existing sign separate sign more than%2 of existing sign Additional notes: IDOT REFERENCE##(Parcel) 3KC- '3118 Curbside Assessment for IDOT — Sign Worksheet Sign Face Alp, —P Location: Route 34 Route 47 Date -!� Visual assessment: stir A. Sign Area (circle one): 32 SF and under n8feet Z� 64 SF Over 64 SF B. Sign Height (circle one): 8 feet or under (Based on cente rline of road) 5,6P C. Yard Requirements (circle one): Sign is over 5 feet away from driveway/lot line. YES NO Vo j Sign (if over 30") is within 25' sight triangle. YES N� P D. Illumination (circle one): Sign is illuminated. C3 NO Description: E. Sign Maintenance (circle one): Sign is being maintained. YES NO Description: F. Abandoned Signs (circle one): Abandoned OR NOT Abandon Other- Message Board (circle one): Separate sign from existing sign YES NO If half of existing sign; Less than Y of the SF of existing sign YES NO Additional notes:_ ��`' s �.� c 7-t�f r�,/ 0 t N t CC:- kj b1G+7-4 0-r-1� w r C K c„ e-gna _ ex- C e7] .K 3 4 nll' $ � h��G of-7-7 Curbside Assessment for IDOT— Compliance Worksheet Appears to Comply Appears NOT to Comply A. Sign Area (circle one): 32 SF sign or under Less than 3 acres Over 3 acres OVER 32 SF sign Over 3 acres Less than 3 acres 64 SF sign Over 3 acres Less than 3 acres OVER 64 SF sign Any acreage Lot acreage: B. Sign Height: Appears to be 8 feet or less Over 8 feet Top of sign cannot be over 8' from the centerline of the road. C. Yard Requirements: /AkSf Signs shall be located 5 feet from P�Ir? any driveway and lot line. 5 feet or more Less than 5 feet Signs over 30 inches tall may not be located within the 25 foot sight triangle (corner). Out of 25' triangle In 25' triangle D. Illumination : The illumination of all signs shall be diffused or indirect.....exposed light bulbs, neon tubing, flashing, blinking, traveling and similar illumination, including illuminated canopies are not permitted. Diffused/indirect lighting .-Nc- Exposed lighting E. Sign Maintenance : Good condition _2 Poor condition F. Abandoned Signs : NOT abandoned Abandoned Other-Message Board : %of existing sign separate sign more than%of existing sign Additional notes: IDOT REFERENCE#(Parcel) 3KC- 013(!> Curbside Assessment for IDOT — Sign Worksheet Sign Face Location: oute 3 Route 47 Date —err/a Visual assessment: gL sQF7- A. Sign Area (circle one): 32 SF and under Over 32 SF 64 SF Over 64 SF B. Sign Height(circle one): 8 feet or under Over 8 fee (Based on centerline of road) S��,� ss �� rw,� C. Yard Requirements(circle one): Sign is over 5 feet away rom driveway/lot line. YES �"J `''pit P Sign (if over 30") is within 25' sight triangle. YES NO D. Illumination (circle one): Sign is illuminated. YES NO Description: E. Sign Maintenance(circle one): Sign is being maintained. YES NO Description: F. Abandoned Signs (circle one): Abandoned OR NOS Abandoned Other- Message Board (circle one): Separate sign from existing sign YES NO If half of existing sign; Less than A of the SF of existing sign YES NO Additional notes: 5"16►� X`j 172/i„i PjZ,:4p P-otj Al/ C 6- s An v 1 r. s r G►� Curbside Assessment for IDOT — Compliance Worksheet Appears to Comply Appears NOT to Comply A. Sign Area (circle one): 32 SF sign or under Less than 3 acres Over 3 acres OVER 32 SF sign Over 3 acres Less than 3 acres 64 SF sign Over 3 acres Less than 3 acres OVER 64 SF sign Any acreage Lot acreage: B. Sign Height: Appears to be 8 feet or less Over 8 feet Top of sign cannot be over 8' from the centerline of the road. C. Yard Requirements: Y"krf Signs shall be located 5 feet from 104F any driveway and lot line. 5 feet or more Less than 5 feet_ Signs over 30 inches tall may not be located within the 25 foot sight triangle (corner). Out of 25'triangle In 25'triangle D. Illumination : The illumination of all signs shall be diffused or indirect.....exposed light bulbs, neon tubing, flashing, blinking,traveling and similar illumination, including illuminated canopies are not permitted. Diffused/indirect lighting Exposed lighting E. Sign Maintenance : Good condition Poor condition F. Abandoned Signs : NOT abandoned �^ Abandoned Other- Message Board : %of existing sign separate sign more than Y2 of existing sign Additional notes: IDOT REFERENCE#(Parcel) 3KC- I3 Curbside Assessment for IDOT — Sign Worksheet Sign Face D K�7Y�ilk c� f-z c��[�3ts y LA 6:e 7' d�ACT Location: Route Route 47 Date �d Visual assessment: a Q 36 sQ� z A. Sign Area (circle one): 32 SF and under Over 22 SF 64 SF Over 64 SF r � Zoe B. Sign Height(circle one): S feet or under Over B fee (30 ase on 1¢centerline of road) S C. Yard Requirements (circle one): Sign is over 5 feet away from driveway/lot line. YES O� „J Sign (if over 30") is within 25' sight triangle. YES NO Pgo D. Illumination (circle one): Sign is illuminated. t.-W NO Description: E. Sign Maintenance (circle one): Sign is being maintained. YES NO Description: F. Abandoned Signs (circle one): Abandoned OR T ando Other- Message Board (circle one): Separate sign from existing sign YES NO If half of existing sign; Less than Yz of the SF of existing sign NA- YES NO Additional notes: rG -r i P 4 ? aT G0 r.Jt T� Y[ Curbside Assessment for IDOT — Compliance Worksheet Appears to Comply Appears NOT to Comply A. Sign Area (circle one): 32 SF sign or under Less than 3 acres Over 3 acres OVER 32 SF sign Over 3 acres Less than 3 acres 64 SF sign Over 3 acres Less than 3 acres OVER 64 SF sign Any acreage Lot acreage: B. Sign Height: Appears to be 8 feet or less Over 8 feet Top of sign cannot be over 8'from the centerline of the road. C. Yard Requirements: 'Ata 57� Signs shall be located 5 feet from any driveway and lot line. 5 feet or more Less than 5 feet Signs over 30 inches tall may not be located within the 25 foot sight triangle (corner). Out of 25' triangle In 25'triangle D. Illumination : The illumination of all signs shall be diffused or indirect.....exposed light bulbs, neon tubing, flashing, blinking, traveling and similar illumination, including illuminated canopies are not permitted. Diffused/indirect lighting Exposed lighting E. Sign Maintenance : Good condition !�' Poor condition F. Abandoned Signs: NOT abandoned Abandoned Other-Message Board : % of existing sign separate sign more than'/�of existing sign Additional notes: e r �p Jb�l ,q. �4Y J. I t• I - ,�a�3�„ 5 �' �l�l°-yam'. f P 1' �7 � ,� � Y I ry I r _ s. � ��-.�y�Y r�, — .f r s, �. ♦ I r, JY.'r�'`i- ♦-� 16� '`��.,_�__� -�I a 3. ! _ I�1-— - 1 ..An •�ik�� °..t� ♦ ♦jF� ��J-.'fir- t� at 7j.r$ ��+r. � ♦ r '�aN ��+ /'�, Lie M * _ r� °,�a`,�`r""' .�. 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'-"S-'rr+rlT4-a..Y••,�—'.+a+cb'.�_�-�T � R•lr _AI^r- "w r _ t'+ dl- U Y rf ,4 ....; t'4,. t Y Yip 9l� [y/,,# - 'f,�,�. 4. •`Z R r ' [K` � Y�` ri� r�.cc 44, 1J�y °i "+ I s i v UGLY'S - - --_ if 1 Z DATE: 05/02/10 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 04:00:38 DETAIL BOARD REPORT FISCAL YEAR 09/10 ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/08/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT AACVB AURORA AREA CONVENTION 043010-ALL 05/24/10 01 FXNANCE-APRIL ALL SEASONS 01-120-65°00-5844 06/08/10 17.24 MARKETING - HOTEL TAX 02 HOTEL TAX ** COMMENT ** INVOICE TOTAL: 17.24 VENDOR TOTAL: 17.24 JSHOES 3'S SHOE REPAIR 5782-12 04/16/10 01 STREETS-2 PAIRS OF BOOTS 01-410-62-•00-5421 00204162 06/08/10 322.00 WEARING APPAREL INVOICE TOTAL: 322.00 VENDOR TOTAL: 322.00 TOTAL ALL INVOICES„ 339.24 8 DATE: 06/02/10 UNITED CITY OF YORKVILLE FISCAL YEAR 10/11 PAGE: 1 TIME: 08:59:28 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/08/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ ARAMARK ARAMARK UNIFORM SERVICES 610-6816577 05/18/10 01 STREETS-UNIFORMS 01-410-62 00-5421 06/08/10 28.58 WEARING APPAREL 02 WATER OP-UNIFORMS 51-000 62 00-5421 28.59 WEARING APPAREL 03 SEWER OP-UNIFORMS 52-000-62-00-5421 28.59 WEARING APPAREL INVOICE TOTAL: 85.76 VENDOR TOTAL: 65.76 ATTINTER AT&T INTERNET SERVICES 842804266-0510 05/09/10 01 ADMIN-T.1 SERVICE 01 110-62 ,00-5436 06/08/10 471.99 TELEPHONE INVOICE TOTAL: 471.99 VENDOR TOTAL: 471.99 BCBS BLUE CROSS BLUE SHIELD 050710 05/07/10 01 FINANCE-JUNE HEALTH INSURANCE 01-120-50-00-5203 06/08/10 77,130.12 BENEFITS- HEALTH INSURANCE 02 FINANCE-JUNE DENTAL INSURANCE 01-120-50-00-5205 7,664.08 BENEFITS- DENTAL/ VISION A INVOICE TOTAL: 84,794.20 VENDOR TOTAL: 84,794.20 BENTLEY BENTLEY SYSTEMS, INCORPORATED 47317311 05/20/10 01 ENG-STORM CAD, WATER CAD 01-150 75-00 7002 06/08/10 262.80 COMPUTER EQUIPMENT & SOFTW INVOICE TOTAL: 262.80 VENDOR TOTAL: 262.80 BNYCORP THE BANK OF NEW YORK 252 1472615 05/03/10 01 WATER OP-ADMINISTRATION FEE 51-000-62-00 5401 06/08/10 214.00 CONTRACTUAL SERVICES INVOICE TOTAL: 214.00 VENDOR TOTAL: 214.00 -3- DATE: 06/02/10 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 08:59:28 DETAIL BOARD REPORT ID: AP441000-WOW INVOICES DUE ON/BEFORE 06/08/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ BPAMOCO BP AMOCO OIL COMPANY 24931610 05/24/10 01 POLICE-GASOLINE 01-210-65-00-5812 06/08/10 151.91 GASOLINE INVOICE TOTAL: 151.91 24931611 05/24/10 01 STREETS-GASOLINE 01-410-65-00-5812 00204432 06/08/10 399.90 GASOLINE 02 WATER OP-GASOLINE 51-000-65-00-5812 399.91 GASOLINE 03 SEWER OP-GASOLINE 52-000-65-00-5612 399.91 GASOLINE INVOICE TOTAL: 1,199.72 VENDOR TOTAL: 1,351.63 BRENNTAG BRENNTAG MID-SOUTH, INC. BMSBI1191 05/06/10 01 WATER OP DRUM RETURN 51-000-62 00-5407 06/08/10 -500.00 TREATMENT FACILITIES O&M INVOICE TOTAL: -500.00 BMS826415 05/05/10 01 WATER OP-CHEMICALS 51 000-62-00-5407 00204667 06/08/10 1,216.25 TREATMENT FACILITIES O&M INVOICE TOTAL: 1,216.25 VENDOR TOTAL: 716.25 BURDV VALERIE BURD 053110 05/20/10 01 ADMIN-PHONE REIMBURSEMENT FOR 01-110-62-00-5438 06/08/10 45.00 CELLULAR TELEPHONE 02 MAY •* COMMENT ** INVOICE TOTAL: 45.00 VENDOR TOTAL: 45.00 CAMBRIA CAMBRIA SALES COMPANY INC. 29615 05/06/10 01 SEWER OP-PAPER TOWEL 52-000 65-00 5805 06108110 83.13 SHOP SUPPLIES INVOICE TOTAL: 83.13 -4- DATE: 06/02/10 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 08:59:29 DETAIL BOARD REPORT IDr AP441000.WOW INVOICES DUE ON/BEFORE 06/08/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT CAMBRIA CAMBRIA SALES COMPANY INC. 29647 05/11/10 01 SEWER OP-TOILET TISSUE, PAPER 52-000-65- 00 5805 06/08/10 113.79 SHOP SUPPLIES 02 TOWEL ** COMMENT *� INVOICE TOTAL: 113.79 VENDOR TOTAL: 196.92 CARGILL CARGILL, INC 2819815 05/07/10 01 WATER OP-SULK SALT 51-000 62 00-5407 00204668 06/08/10 2,773.68 TREATMENT FACILITIES O&M INVOICE TOTAL: 2,773.68 2825669 05/18/10 01 WATER OP-BULK SALT 51-000-62-00-5407 00204668 06/08/10 2,740.40 TREATMENT FACILITIES O&M INVOICE TOTAL: 2,740.40 2827059 05/20/10 01 WATER OP-SULK SALT 51-000 62-00-5407 00204668 06/08/10 2,794.01 TREATMENT FACILITIES O&M INVOICE TOTAL: 2,794.01 VENDOR TOTAL: 8,308.09 CLASLAND CLASSIC LANDSCAPE, LTD 57772 04/28/10 01 SUNFLOWER SSA-PULL WEEDS & 12-000-65-00-5416 00204431 06/08/10 1,110.00 MAINTENANCE COMMON GROUNDS 02 SPADE EDGE PLANT BEDS AND TREE ** COMMENT ** 03 RING AT MAIN ENTRANCE, INSTALL ** COMMENT ** 04 MULCH ** COMMENT ** INVOICE TOTAL: 1,110.00 57927 05/12/10 01 FOX HILL SSA-CLEAN UP, PULL 11-000-65-00-5416 00204431 06/08/10 430.00 MAINTENANCE COMMON GROUNDS 02 WEEDS, SPADE EDGE PLANT BEDS, ** COMMENT ** 03 INSTALL MULCH ** COMMENT ** INVOICE TOTAL: 430.00 VENDOR TOTAL: 1,540.00 -5-• DATE: 06/02/10 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 09:59:29 DETAIL HOARD REPORT 1D: AP441000.WOW INVOICES DUE ON/BEFORE 06/08/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT COMDIR COMMUNICATIONS DIRECT INC IN103577 05/17/10 01 POLICE-PLASTIC CARRY HOLDER 01 210-62-00-5406 06/08/10 35.80 MAINTENANCE EQUIPMENT 02 WITH BELT CLIP * COMMENT ** INVOICE TOTAL: 35.80 VENDOR TOTAL: 35.80 COMER COMMONWEALTH EDISON 6963019021-0510 05/17/10 01 STREETS-LIGHTS 01-410 62-00-5435 06/08/10 14.02 ELECTRICITY INVOICE TOTAL: 14.02 8344010026 0510 05/21/10 01 STREETS-LIGHTS 01-410-62-00 5435 06/08/10 5, 108.12 ELECTRICITY INVOICE TOTAL: 5,108.12 VENDOR TOTAL: 5,122.14 DEPO DEPO COURT REPORTING SVC, INC 14501 05/19/10 01 POLICE-MAY 12 ADMIN HEARING 01-210-62-00, 5443 06108110 175.00 ADMIN ADJUDICATION CONTRAC INVOICE TOTAL: 175.00 14503 05/21/10 01 POLICE-MAY 19 ADMIN HEARING 01-210 62-00 5443 06/08/10 175.00 ADMIN ADJUDICATION CONTRAC INVOICE TOTAL: 175.00 VENDOR TOTAL: 350.00 EEI ENGINEERING ENTERPRISES, INC. 47803 05/17/10 01 ENG-TROUBLESHOOTING DEEP 01-150-62-00-5401 06/08/10 276.00 CONTRACTUAL SERVICES 02 PUMP CONTROL TIMER ** COMMENT ** INVOICE TOTAL: 276.00 VENDOR TOTAL: 276.00 DATE: 06/02/10 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 08:59:29 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/OB/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ EXELON EXELON ENERGY 100587500070 05/22/10 01 WATER OP-2702 MILL RD 51-000 62 00-5435 06/08/10 5,576.26 ELECTRICITY INVOICE TOTAL: 5,576.26 VENDOR TOTAL: 5,576.26 FVFS FOX VALLEY FIRE & SAFETY 565742 05/07/10 01 SEWER OP-ANNUAL FIRE 52-000-75-00-7004 06/06/10 175.77 SAFETY EQUIPMENT 02 EXTINGUISHER INSPECTION ** COMMENT ** 03 WATER OP-ANNUAL FIRE 51-000-75-00-7004 1.75.77 SAFETY EQUIPMENT 04 EXTINGUISHER INSPECTION ** COMMENT ** 05 STREETS-ANNUAL FIRE 01-410-75-00-7004 175.76 SAFETY EQUIPMENT 06 EXTINGUISHER INSPECTION ** COMMENT ** INVOICE TOTAL: 527.30 VENDOR TOTAL: 527.30 GENVALVE GENEVA VALVE TAPPING COMPANY GE-50 05/10/10 01 WATER OP-6 .INCH LINE STOP 51-000-65-00-5904 00204666 06/08/10 2,450.00 OPERATING SUPPLIES INVOICE TOTAL: 2,450.00 VENDOR TOTAL: 2,450.00 GREATAME GREATAMERICA LEASING CORP. 9639088 05/07/10 01 FINANCE-COPIER LEASE 01 120-62 00-5412 06108110 736.00 MAINTENANCE- PHOTOCOPIERS INVOICE TOTAL: 736.00 VENDOR TOTAL: 736.00 HDSOPPLY HD SUPPLY WATERWORKS, LTD. -7 DATE: 06/02/10 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 08:59:29 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/08/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P O- # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ HDSUPPLY HD SUPPLY WATERWORKS, LTD. 1217970 05/12/10 01 WATER OP-100CF WATERPROOF 51-000-75 00-7508 06/08/10 220.04 METERS & PARTS 02 METER •* COMMENT ** INVOICE TOTAL: 220.04 VENDOR TOTAL: 220.04 HENNE VERNE HENNE CONSTR. & 28270 05/20/10 01 BULBS, PHOTOCELLS, BALLASTS 01-410-62.00-5415 06108110 890.00 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 890.00 VENDOR TOTAL: 890.00 HOGAN FARM PLAN 03 452467 05/24/10 01 STREETS-SOLENOID 01-410 62-00-5408 06/08/10 103.89 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 103.89 VENDOR TOTAL: 103.89 ICMA INTERNATIONAL CITY/COUNTY MGMT 425292-1011 05/20/10 O1 ADMIN-ANNUAL MEMBERSHIP 01-110 64-00=5600 06/08/10 784.00 DUES 02 RENEWAL FOR CITY ADMINISTRATOR ** COMMENT ' * INVOICE TOTAL: 784.00 VENDOR TOTAL: 764.00 ILCCMA ILLINOIS CITY/COUNTY 10/11DUES 05/20/10 01 ADMIN-ANNUAL MEMBERSHIP DUES 01 110 64-00-5600 06/08/10 251.50 DUES 02 FOR CITY ADMINISTRATOR '* COMMENT •* INVOICE TOTAL: 251.50 VENDOR TOTAL: 251.50 B-. DATE: 06/02/10 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 06:59:29 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/06/2010 INVOICE if INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT IPRF ILLINOIS PUBLIC RISK FUND 051410 05/14/10 01 FINANCE-MONTHLY PREMIUM 01-120 62-00-5400 06/08/10 11,722.00 INSURANCE- LIABILITY & PRO INVOICE TOTAL: 11,722.00 VENDOR TOTAL: 11,722.00 ITRON ITRON 143496 05/12/10 01 WATER OP-HOST HEAD END, 51-000 75 00-7509 06/08/10 421.81 ELECTRICITY MONITOR 02 COMMUNICATION FEE ** COMMENT •* INVOICE TOTAL,: 421.81 VENDOR TOTAL: 421.81 JUSTSAFE JUST SAFETY, LTD 11896 05/20/10 01 SEWER OP-FIRST AID SUPPLIES 52-000 65-00-5805 06108110 52.20 SHOP SUPPLIES INVOICE TOTAL: 52.20 VENDOR TOTAL: 52.20 MCCUE MC CUE BUILDERS, INC. LOT102 05/17/10 01 REFUND OF UNUSED SECURITY 01-000-21-00-2115 06/06/10 300.00 SECURITY GUARANTEE PAYABLE 02 GUARANTEE FOR 946 S. CARLEY, ** COMMENT ** 03 LOT 102 ** COMMENT ** INVOICE TOTAL: 300.00 VENDOR TOTAL: 300.00 MENLAND MENARDS - YORKVILLE 92613 05/05/10 01 STREETS-POST SUPPORT 01-410-65-00-5804 06108110 9.99 OPERATING SUPPLIES INVOICE TOTAL: 9.99 DATE: 06/02/10 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 08:59:29 DETAIL HOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/08/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT MENLAND MENARDS - YORKVILLE 94607 05/12/10 01 STREETS-BATTERIES, BULB 01 410-65 00-5804 06/08/10 9.25 OPERATING SUPPLIES INVOICE TOTAL: 9.25 94944-10 05/13/10 01 SEWER OP-GEAR LUKE, PVC SAW 52-000-65-00-5805 06/08/10 19.08 SHOP SUPPLIES INVOICE TOTAL: 19.08 96576 05/19/10 01 POLICE-HEAT GUN KIT 01 210-65-00 5804 06/08/10 19.99 OPERATING SUPPLIES INVOICE TOTAL: 19.99 VENDOR TOTAL: 58.32 MESIROW MESIROW INSURANCE SERVICES INC 690198 05/21/10 01 FINANCE-POLICE #GPO9314751 01-120-62-00-5400 06/08/10 42,999.50 INSURANCE- LIABILITY & PRO 02 INSTALLMENT 3 OF 4 ** COMMENT ** INVOICE TOTAL: 42,499.50 VENDOR TOTAL: 42,999.50 METLIFE METLIFE SMALL BUSINESS CENTER 051710 05/17/10 01 FINANCE-JUNE LIFE INSURANCE 01-120-50 00-5204 06/08/10 2,152.24 BENEFITS GROUP LIFE INSUR INVOICE TOTAL: 2,152.24 VENDOR TOTAL: 2,152.24 MIDAM MID AMERICAN WATER 61267A 05/07/10 01 WATER OP-6 MJ CAP 51-000 65-00 5804 06/00/10 76.00 OPERATING SUPPLIES INVOICE TOTAL: 76.00 61337A 05/11/10 01 WATER OP-VALVE BOX RISERS 51-000-65-00 5804 06/08/10 175.50 OPERATING SUPPLIES INVOICE TOTAL: 275.50 -10- DATE: 06/02/10 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 08:59:29 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/08/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT MIDAM MID AMERICAN WATER 61337A-1 05/11/10 01 WATER OP-VALVE BOX RISERS 51-000 65-00-5804 06/08/10 99.75 OPERATING SUPPLIES INVOICE TOTAL: 99.75 VENDOR TOTAL: 351.25 MJELECT MJ ELECTRICAL SUPPLY, INC. 1115505-01 05/13/10 01 STREETS-PHOTOCONTROL 01-410-62-00 5415 06/08/10 150.00 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 150.00 1115713-00 05/20/10 01 STREETS-SPLICE KIT 01 410-62--00-5415 06/08/10 87.00 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 87.00 VENDOR TOTAL: 237.00 MOVEIT MOVE IT TRUCKING & EQUIPMENT 2021 05/15/10 01 WATER OP-PULVERIZED DIRT 51 000-65.00 5804 06/08/10 97.50 OPERATING SUPPLIES 02 STREETS PULVERIZED DIRT 01 410-65-00-5804 97.50 OPERATING SUPPLIES INVOICE TOTAL: 195.00 VENDOR TOTAL: 195.00 NCL NCL EQUIPMENT SPECIALTIES 9527 05/17/10 01 STREETS-4'LATH BUNDLE 01-410 62-00-5416 06/08/10 48.00 MAINTENANCE PROPERTY INVOICE TOTAL: 48.00 VENDOR TOTAL: 48.00 NEXTEL NEXTEL COMMUNICATIONS 637900513-099 05/26/10 01 ADMIN-MONTHLY CHARGES 01-110-62-00 5438 06108/10 29.08 CELLULAR TELEPHONE 11 DATE: 06/02/10 UNITED CITY OF YORKVILLE PAGE: 10 TIME: OB:59:29 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/08/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE -- --ITEM-AMT -- NEXTEL NEXTEL COMMUNICATIONS 837900513-099 05/26/10 02 COMM/DEV-MONTHLY CHARGES 01-220-62-00-5438 06/08/10 98.15 CELLULAR TELEPHONE 03 COMM/RELATIONS-MONTHLY CHARGES 01-130-62-00-5438 29.08 CELLULAR TELEPHONE 04 ENG-MONTHLY CHARGES 01-150-62-00-5438 116.32 CELLULAR TELEPHONE 05 FINANCE-MONTHLY CHARGES 01-120-62-00-5438 58,16 CELLULAR TELEPHONE 06 POLICE MONTHLY CHARGES 01-210-62-00 5438 1,079.60 CELLULAR TELEPHONE 07' POLICE-BLACKBERRY HOLSTER 01-210-62-00-5438 19.99 CELLULAR TELEPHONE 08 STREETS-MONTHLY CHARGES 01-410-62-00-5438 145.40 CELLULAR TELEPHONE 09 WATER OP-MONTHLY CHARGES 51-000-62-00-5438 145.40 CELLULAR TELEPHONE 10 SEWER OP-MONTHLY CHARGES 52-000-62-00-5438 87.23 CELLULAR TELEPHONE ,INVOICE TOTAL: 1,808.41 VENDOR TOTAL: 1,808.41 OLSONB BART OLSON 053010 PH 05/20/10 01 ADMIN-PHONE REIMBURSEMENT 01-110-62 00-5438 06/08/10 45.00 CELLULAR TELEPHONE 02 FOR MAY ** COMMENT ** INVOICE TOTAL: 45.00 VENDOR TOTAL: 45.00 OUTSEN OUTSEN ELECTRIC INC. 23391 05/14/10 01 STREETS-LABOR TO CHANGE P.C. 01-41D 62-00-5414 06/08/10 100.00 MAINTENANCE-TRAFFIC SIGNAL 02 FROM EAGLE TO ECONOLITE ** COMMENT ** INVOICE TOTAL: 100.00 VENDOR 'TOTAL: 100.00 -72-. DATE: 06/02/10 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 08:59:29 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/OB/2010 INVOICE # INVOICE ITEM VENDOR ## DATE ## DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ----------------------------------------------------- ------- ----------------------------------------------------------------- PAGED DALE PAGE 051510 05/15/10 01 POLICE-GAS REIMBURSEMENT 01 210 62-00-5409 06/08/10 13.80 MAINTENANCE - VEHICLES INVOICE TOTAL: 13.80 VENDOR TOTAL: 13.80 QUILL QUILL CORPORATION 5541444 05/1B/10 01 POLICE-HP 56 QUAD PACK, 01-210 65-00-5802 06/08/10 88.18 OFFICE SUPPLIES 02 SHARPIES ** COMMENT ** INVOICE TOTAL: 88.18 VENDOR TOTAL: 88.18 R0000777 KAREN ROBBINS 041210 04/30/10 01 ADMIN-BEECHER DEPOSIT REFUND 01-000-21-00-2110 06/08/10 50.00 DEPOSITS PAYABLE INVOICE TOTAL: 50.00 VENDOR TOTAL: 50.00 R0000776 ALYCE PRIESMAN 052310 05/27/10 01 ADMIN-BEECHER DEPOSIT REFUND 01-000-21-00-2110 06108110 100.00 DEPOSITS PAYABLE INVOICE TOTAL: 100.00 VENDOR TOTAL: 100.00 SERVMASC SERVICEMASTER COMM. CLEANING 147187 05/15/10 01 ADMIN-MONTHLY CITY OFFICE 01-110-62-00-5406 06/08/10 1,188.00 OFFICE CLEANING 02 CLEANING ** COMMENT ** INVOICE TOTAL: 1,188.00 VENDOR TOTAL: 1, 188.00 -73-- DATE: 06/02/10 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 08:59:29 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/06/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # F.O. # DUE DATE ITEM AMT SHELL SHELL OIL CO. 065356230005PD 05/13/10 01 POLICE-GASOLINE 01-210-65-00 5812 06/08/10 5,419.34 GASOLINE INVOICE TOTAL: 5,419.34 VENDOR TOTAL: 5,419 34 TUFFY TUFFY AUTO SERVICE CENTER 16748 05/21/10 01 POLICE-OIL CHANGE 01-210 62-00-5409 06/08/10 25.95 MAINTENANCE - VEHICLES INVOICE TOTAL: 25.95 16750 05/21/10 01 POLICE-HEAD LIGHT 01-210-62-00-5409 06/08/10 35.13 MAINTENANCE - VEHICLES INVOICE TOTAL: 35.13 VENDOR TOTAL: 61.08 UPS UNITED PARCEL SERVICE 00004296X2200 05/15/10 01 ADMIN-2 PKGS. TO KFO 01-110 65-00-5808 06/08/10 60.80 POSTAGE & SHIPPING INVOICE TOTAL: 60.80 VENDOR TOTAL: 60.80 VISA VISA 052710 CITY 05/27/10 01 ADMIN-MEAL 01-110-64-00-5605 06/08/10 31.31 TRAVEL/MEALS/LODGING 02 FINANCE-REOCCURING WEBSITE 01-120-75-00-7002 15.77 COMPUTER EQUIP & SOFTWARE 03 UPKEEP FEE ** COMMENT ** 04 STREETS-WELDING HELMET 01-9. 0 75-00-7004 69.99 SAFETY EQUIPMENT 05 ADMIN-CD-R DISCS, PAPER 01-110-65-00-5802 58.09 OFFICE SUPPLIES -14-. DATE: 06/02/10 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 08:59:29 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/0812010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT VISA VISA 052710-CITY 05/27/10 06 SLEEVES ** COMMENT ** 06/08/10 07 STREETS-MONTHLY CABLE SERVICE 01-410 62 00-5401 19.99 CONTRACTUAL SERVICES 08 WATER OP-MONTHLY CABLE SERVICE 51-000-62-00-5401 19.98 CONTRACTUAL SERVICES 09 SEWER OP-MONTHLY CABLE SERVICE 52-000-62-00-5401 19.98 CONTRACTUAL SERVICES INVOICE TOTAL: 235.11 052710 PD 05/27/10 01 POLICE-CAKE FOR RETIREMENT, 01-210-65-00-5804 06108110 167.57 OPERATING SUPPLIES 02 DIGITAL RECORDER ** COMMENT ** 03 POLICE-RACIAL & ETHNIC GROUPS 01-210-64-00-5608 126.21 TUITION REIMBURSEMENT 04 BOOK ** COMMENT ** 05 POLICE-TOBACCO COMPLIANCE 01-000-45-00-4511 30.13 POLICE-STATE TOBACCO GRANT 06 CHECK ** COMMENT ** 07 POLICE-SPRING ILLINOIS FIRE & 01-210-64-00-5607 445.00 POLICE COMMISSION 08 POLICE COMMISSIONERS ** COMMENT ** 09 ASSOCIATION SEMINAR ** COMMENT ** 10 POLICE-REIMBURSABLE ETHICS 01-210-64-00-5605 217.28 TRAVEL EXPENSES 11 TRAINING FOR 2 PERSONS ** COMMENT ** 12 POLICE-DOCKING STATION 01-210-62-00-5411 123.49 MAINTENANCE - COMPUTERS INVOICE TOTAL: 1,109.68 VENDOR TOTAL: 1,344.79 VSP VISION SERVICE PLAN 051810 05/18/10 01 FINANCE-JUNE VISION INSURANCE 01-120-50-00-5205 06108110 1,117.88 BENEFITS- DENTAL/ VISION A INVOICE TOTAL: 1,117.68 VENDOR TOTAL: 1,117.88 _y5_ DATE: 06/02/10 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 08:59:30 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/08/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT WALMART WALMART COMMUNITY 052210-CITY 05/22/10 01 ADMIN-KNIVES, KLEENEX, CUPS, 01-110 65-00 5804 06/08/10 42.28 OPERATING SUPPLIES 02 COFFEE ** COMMENT ** INVOICE TOTAL: 42.28 VENDOR TOTAL: 42.28 WATERPRO RI WATERMAN PROPERTIES 06IB10 7 05/20/10 01 WATER OP-GRAND RESERVE COURT 51-200 62-00-5464 06/08/10 22,988.77 GRANDE RESERVE COURT ORDER 02 ORDERED PAYMENT #7 ** COMMENT ** INVOICE TOTAL: 22.998.77 VENDOR TOTAL: 22,9BB.77 WHOLTIRE WHOLESALE TIRE 133425 05/12/10 01 POLICE-BATTERY 01-210-62-00-5409 06/08/10 79.95 MAINTENANCE - VEHICLES INVOICE TOTAL: 79.95 133479 05/16/10 01 POLICE-FRONT & REAR BRAKES, 01-210-62-00-5409 06/08/10 471.50 MAINTENANCE VEHICLES 02 REAR ROTORS ** COMMENT ** INVOICE TOTAL: 471.50 133519 05/20/10 01 POLICE-OIL CHANGE 01-210-62 00-5409 06/06/10 32 45 MAINTENANCE VEHICLES INVOICE TOTAL: 32.45 VENDOR TOTAL: 583.90 YORKAREA YORKVILLE AREA CHAMBER OF 25763 05/18/10 01 ADMIN-MAY MEMBERSHIP LUNCHEON 01-110-64-00-5605 06/08/10 25.00 TRAVEL/MEALS/LODGING DATE: 06/02/10 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 08:59:30 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/08/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ YORKAREA YORKVILLE AREA CHAMBER OF 25763 05/18/10 02 MAYOR ATTENDED ** COMMENT ** 06/08/10 INVOICE TOTAL: 25.00 VENDOR TOTAL: 25.00 YORKCLER YORKVILLE CLERK'S ACCOUNT 137447 05/18/1.0 01 ENG-EASEMENT, PLAT 01-150-62-00-5401 06/06/10 151.00 CONTRACTUAL SERVICES INVOICE TOTAL: 151.00 VENDOR TOTAL: 151.00 YORKLIBR YORKVILLE PUBLIC LIBRARY 051010-PPRT 05/11/10 01 MAY PPRT TAX TRANSFER 01-000-40.00-4010 06/08/10 646.74 PERSONAL PROPERTY TAX INVOICE TOTAL: 646.74 VENDOR TOTAL: 646.74 YORKPOST YORKVILLE POSTMASTER 052510 05/25/10 01 WATER OP-UTILITY BILL POSTAGE 51-000 65-00-5808 06/08/10 2,000.00 POSTAGE & SHIPPING 02 FOR 06/30/10 BILLS ** COMMENT ** INVOICE TOTAL: 2,000.00 VENDOR TOTAL: 2,000.00 YORKPR YORKVILLE PARK & RECREATION 063010-TRANSFER 06/01/10 01 JUNE TRANSFER 01-120 99-00-9940 06/08/10 79,324.16 TRANSFER TO PARK & RECREAT ,INVOICE TOTAL: 79,324.16 VENDOR TOTAL: 79,324.16 YOUNGM MARLYS J. YOUNG -17- DATE: 06/02/10 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 08:59:30 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/08/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P_O. # DUE DATE ITEM AMT YOUNGM MARLYS J. YOUNG 050410 05/22/10 01 ADMIN-•MAY 4 MEETING MINUTES 01-110-62 00-5401 06/OB/10 60.00 CONTRACTUAL SERVICES INVOICE TOTAL: 60.00 VENDOR TOTAL: 60.00 TOTAL ALL INVOICES: 291,066.01 UNITED CITY OF YORKVILLE PAYROLL SUMMARY 5122120'10 REGULAR OVERTIME TOTAL IMRF S. SECURITY TOTALS ADMINISTRATION 7,967.83 0.00 7,967.83 727.47 554.49 9,249.79 FINANCE 9,007.74 0.00 9,007.74 822.41 667.69 10,497.84 COMMUNITY REL. 2,500.00 0.00 2,500.00 228.25 147.15 2,875.40 ENGINEERING 11,630.55 0.00 11,630.55 1,061.87 858.66 13,551.08 POLICE 78,156.11 3,346.13 81,502.24 739.46 5,969.93 88,211.63 COMMUNITY DEV. 11,225.10 0.00 11,225.10 897.02 812.53 12,934.65 STREETS 11,364.77 185.71 11,550.48 1,054.56 859.47 13,464.51 WATER 13,250.92 90.16 13,341.08 1,218.05 970.69 15,529.82 SEWER 9,072.68 0.00 9,072.68 828.33 659.04 10,560.05 PARKS 15,934.93 117.82 16,052.75 1,341.98 1,190.30 18,585.03 RECREATION 13,638.57 0.00 13,638.57 1,021.88 1,028.44 15,688.89 REC. CENTER 8,391.02 0.00 8,391.02 423.69 636.11 9,450.82 LIBRARY 20,263.99 0.00 20,263.99 823.65 1,524.92 22,612.56 TOTALS 212,404.21 3,739.82 216,144.03 11,188.62 15,879.42 243,212.07 TOTAL PAYROLL 5/2212010 243,212.07 TOTAL FY 09110 INVOICES 6/8/2010 399.24 TOTAL FY 10111 INVOICES 618/2010 291,066.01 TOTAL DISBURSEMENTS 534,677.32 -19-_ `,�rGD C�Ty Reviewed By: Agenda Item Number J� Legal El EST 1836 Finance ❑ Engineer ❑ Tracking Number o J�. City Administrator ■ Consultant ❑❑ , � I U CEE X Agenda Item Summary Memo Title: Bicentennial Riverfront Park Re-development Meeting and Date: City Council / June S, 2010 Synopsis: Staff is seeking approval to apply for a 2010 Open Space Land Acquisition and Development grant for Bicentennial Riverfront Park. Council Action Previously Taken: Date of Action: 3/19/2010 Action Taken: Revise conceptual plan in preparation for grant application Item Number: Type of Vote Required: Majority Council Action Requested: Approve commitment to apply for 2010 OSLAD Grant, approve mayor to execute DOC-3. Submitted by: Bart Olson Administration Na1ne Department Agenda Item Notes: See attached staff reports, application, and Master Plan information. The application was supported by Park Board at the May 27, 2010 meeting. Memorandum MT To: City Council 18 From: Bart Olson, City Administrator CC: Date: June 4, 2010 Subject: OSLAD funding Park Designer Laura Schraw has provided the application materials for the OSLAD grant application for your review. Those materials are a part of this agenda item and constitute the materials that need approval by City Council prior to being submitted to the state. While I suspect that most of the City Council is accepting of the park design,the budget, and the idea of seeking grant money for local projects, I know that there is uncertainty over the commitment by the state to reimburse the City for this grant, should we receive it. We have heard from various sources over the past several months that OSLAD funding has been in jeopardy at the state level. We also know firsthand that the City has not received other state funds in a timely manner. The logical progression of questions from these two facts is "is OSLAD funding in jeopardy, and if so,why would the City apply for a grant if it is in jeopardy"" Reason#1 The political support for OSLAD funding is very strong. A few years ago, a proposal was submitted in Springfield to temporarily raid OSLAD funding and it was immediately opposed by legislators,municipalities and park districts. As a result,the proposal was defeated. Legislators appreciate the program because it represents a great way to bring funding back to their districts and the municipalities and park districts appreciate the program because it has been successful. This support from legislators, municipalities, and park districts is not ever likely to erode, even under a budget crisis,and because of this it would be incredibly difficult to ever have the political backing to temporarily raid funding,let alone cancel the program after contracts have been authorized and approved between the state and the grant recipient. Reason#2 OSLAD funding has a dedicated revenue stream. The stream of revenue is tied to the state's real estate transfer tax and is set into state statutes accordingly. Because of this fact,the state statutes would have to be amended to ever remove the revenue stream. Given the reasons regarding political support above, l don't see the state amending the code to stop the program. Reason#3 Let's take a hypothetical scenario from #2 above, and assume the state amends its statutes and removes the dedicated funding stream from the real estate transfer tax. This would only affect future revenue, and would likely only cause the state to suspend the grant program in the future(i.e. they would not open the grant cycle with a call for applications). Given the difficulties of terminating contracts mid-project, I don't think the state will attempt to cancel contracts. Reason#4 The state has opened the grant cycle by calling for applications. This signals to me that they expect to have funding available for reimbursement in the future. I would expect the grant program administrators to tailor the number of grant awards based on their available funding. Reason#5 When open,the whitewater facility will be the only facility of its kind between South Bend, Indiana(140 miles away) and Wausaw, WI (240 miles away). Both of those facilities are engineered, narrow waterways that kayakers must pay to use. Because our facility has no regional competitors,we expect a large amount of users. These users will drive downtown growth and other city-wide economic development. Reason#6 In the scenario where I am wrong about OSLAD funding being relatively safe, and the state cancels our contract mid-project. We can use Downtown TIF for much of the project. •��° �''' Memorandum EST _-1 Bess To: Bart Olson, Interim Director of Parks&Recreation/ .� City Administrator .e o From: Laura Sehraw, City Park Designer CC: Scott Sleezer, Superintendent of Parks Date: June 4,2010 Suhiect: OSLAD 2010 Riverfront Park Grant Prounsal Bicentennial Riverfront Park Budget Bicentennial Riverfront Park's Whitewater Canoe/Kayak Chute is expected to be completed by the Illinois Department of Natural Resources (1DNR) in August 2010. In anticipation of the opening, staff has been applying for grant funding to improve the site to greater benefit park users. In September 2009,Yorkville applied for a Boat Access and Development Grant to add a boat launch and access drive/parking lot. Additional funds are being applied for through an EPA 319 grant to upgrade the asphalt parking lot to eco-pavers to create a more environmentally friendly and educational element to the parr. Staff is requesting to receive additional funding for recreational improvements through an Open Space Land Acquisition and Development (OSLAD) grant administered by IDNR. This program is funded through the state's percentage of Real Estate Transfer Tax and has an application deadline of July 1, 2010. Grants awarded will be announced in January 2011. The Whitewater facility is expected to draw hundreds of users every weekend. It is the only facility of its kind within 200 miles of Yorkville. City staff has received numerous phone calls from the paddling community that are excited about the opening of the chute.Many callers have expressed interested in renting the building on the park site downtown,purchasing property around the park to develop canoe/kayak related businesses,the canoe business currently at the facility has discussed expanding, and people have called about setting up day trips and busing users in for weekend trips where they can stay at a local hotel. The monthly paddling newsletter of the Illinois Paddling Council continues to excite users about this facility through updates and publications on the facility, as well as scheduling a tour of the facility prior to opening. Paddlers have remained interested throughout the entire project and continue to request information, Grant applications for this park have primarily focused on river access and parking lots. This park is a high use facility for residents that want to come have a picnic,use the playground, or host a festival under the shelter. Improvements in the design to this park include keeping existing elements, adding new facilities, and building a park that can accommodate many users and attract all types of visitors. In the conceptual design,the existing large shelter will remain,but the brick stairs are beginning to fall apart and need to be replaced with new stairs.The playground equipment, nearing 15 years of use, is at the end of its life cycle and is due for an update.At the request of several public meeting attendees, Park Board members, and City Council members,we included the playground into the budget and removed the interactive water feature.Most felt it was more important to provide a playground element for children that visit the park. We do have the option of adding the water feature (or any other feature that we deem necessary) at a later date when the City feels it is appropriate. Relocating the playground will allow the old playground area to become a civic lawn perfect for concert seating,festival events, or hosting a farmers market or other vendor fair. A memorial area is budgeted,but the amount had to be reduced because the only elements that are allowed (as we were informed by our IDNR grant administrator) are pavers and benches. A monument stone can be added outside of the grant funding.Re-using the small wooden shelters and moving them to the woods will provide a great picnic spots for canoe or kayak users who pull off onto the canoe beach for a lunch break on their way down the river. Budgeted items also include adding port-o-let shelters for additional resbwm facilities, a shared-use trail to connect the park from one end to the other,and providing vendor stations with electrical outlets at the new security lighting(our standard lights in each park). The project also includes an accessible fishing pier upstream of the dam and canoe/kayak chute; no fishing will be allowed at the chute. Landscape and woodland restoration are funded to help restore the grass for festival use, as well as improve the woodland habitat from its current scrub trees to desired native species.Through applying for an Open Space Land Acquisition and Development Grant,the City can obtain up to $400,000 to pay for these improvements to the park. After the conceptual design was presented at the Public Meeting,Park Board meeting, and City Council meeting, the design and budget have been revised to reflect the addition of the playground instead of the interactive water feature. Please see the attached DOC-4 for the budget breakdown. Staff has worked to budget construction items within this$400,000 amount so that no cash is spent from Yorkville's budget other than money spent on staff salaries that pertain to the park's development. Per the recommendation of the IDNR grant administrator, a line item for architectural/engineering fees and forced labor(removing the brick stairs,relocating the wooden shelters,and landscapetwoodland restoration) are included in the grant. By creating these line items, if other elements of the park come in under budget,we have the ability to seek reimbursement for Staff services or hiring consultants. The total of$460,500 is broken down as follows: $398,500 in construction costs:note that this does include an archaeological survey for the Riverfront parcel,but is only required when mandated by the state, the additional $1,500 requested will be used for the acquisition parcel appraisal costs (our total request is$400,000). The$1,500 noted in the acquisition parcel for an archaeological survey is to reserve that line item. We do not expect to be required to complete a survey on this parcel. $22,000 in forced labor: Per Parks Superintendent Scott Sleezer—"A conservative estimate of man hours and the cost to remove the playground, drinking fountain, and fence would be around 720hrs and$22,500.00. This doesn't include the material cost to restore the area,but does include the manpower."(Note that the landscape restoration is included in the budget.) $40,000 in architectural/engineedng fees (approximately 10% of construction costs);a line item and dollar amount for staff salary reimbursement or to hire outside consultants if necessary If necessary"means if needed to complete the project,and only if we have cost savings in another line item in the budget. We don't expect to use this money,but if we program it within the application and find that we need to use it later,it will not require Mher IDNR approval. Of the total estimate of cost for project improvements, $400,000 would be paid for with money reimbursable as part of the grant program,and the other$441,500 in matching funds would be from matching land, currently being held by Corlands, as well as Staff services. Land Contribution (Corlands property) approximately $378,000 A letter of valuation(see Attachment A-9)is provided for the 29.1 acre parcel located south of Blackberry Creek by Thompson Appraisals. The estimated value of that parcel is$378,000. It is a natural division in the 90 acre parcel, and a concept plan is attached (see Attachment A-10) for development of the park. Development of the park must occur within 3 years of acceptance of the final payment of the OSLAD grant,therefore, conceivably(if we are awarded in 2011,begin construction immediately and receive our final payment in 2013)construction would need to be finished by 2016. The site development plan is attached and includes a mowed trail,trail head and map,and interpretive signage along the path.The site currently exists as a natural tall grass field. STATE OF ILLINOIS J DEPT.OF MATURAL RESOURCEB DOC-11 GENERALPR(MMIMAM OSLAOILWCF PROJECT APPLICATIO�N y�F,�ORM O'qp 1 d 2) 1. PROJEcTSPoNson- tHldd�ld1yoftift rC=CNMM iP2. PRQIECTYM. Bicentennial Rlverfro nt Park Redevelopment �43. MWA1£WPE OF PROJECr. [ 1 ACQUIBI tan [ I M-ftp wt N DI APPLICANTS ICfO[it 1 ComMasban N�pmdt paa)ed ImolA g a land dmoilm) Ker" M19KKALDISTM' 14 WMr ISNIP11=11= Kendall =T#mldMaafa:' 25 Lauren WT#wW Marna:' a0 Haktw aAaentpm)edIs',F PPd IL PRAIEMPMACR'S NAkV—ADDRESS&WAZ 1 FAX IiRSIBER S.APPUCANTS DESIOMAIED CCKMCrPERS M FOR PRAIECr United City of Yorkville r ,M.aMmas A e 1 FAX# 800 Game Form Road tuMe`audko rs 8an-5m.Umm"lluough mdt Laura Schrow Yorkville IL 80560 800 Game Farm Road (630)553.8573 (6301553-7575 Yorwila IL 60550 Chia!/w�ahlie*ator 1 il�Wk saga►aa�e.r+..�rr.or�rwe..i�..e, 830-S&I-M74 (630)553-3436 mall add�ss: hdWV**yQ&VftA1W 1&MWr-AMOMCMEDESCWIMCFPMICMPRWIECrr p aw b Yide�abafaeraspa d prq sdaMa} The Bloantennfal Riverfmnt Perk Is a 5.4 acme parcel dedicated to recreation on the Fox River.IDNR has Improved the perk by replacing the Glenn Palmer Dam and is nearing completion on the canoe 8 kayak dilute,j ust off the park's boundary line.Yorkville Is seeking OSLAD grant funding to redevelop the park and provide additonal recreational benefits to this facility. IDNR plans on restoring the park to Its original condition:gravel parking lot and Idurf grass.The additional funding vAI help to make this high-pro ie facility suitable to accomodate the anticipated 500+weekend users_The project includes the following items;shared-use trail,lighting with elecatrical vendor hook-ups,civic lawn.new playground(the existing 15 year old equipment must be removed next year),memorial area,reuse of the picnic shelters,port-o-let shelters,replacing the worn brick stairs on the large community shaker,Improving the woodland habitat,providing a larger and safer canoe accesslegress point upstream of the chute,and creating a fishing pier to the eastern portion of the park.Other grant funds have been sought for the large parking lot and access road,as well as a full boat ramp. (do nalasaeh add kxW wrote) ii.(AOg1191"0 N PROJECT) psftmftd CI 12. (0EVEUrVI5 CTPROJECr) (Iaeenbd eeaal ACWMt M Coals S 37810MM Cmnbuctlon Oasis $ 41TAMAO Rdar.allon etmis S AM Design Fees S 40 OM Appcdsal Carrie AWhoedog[cal suaycoSM S ism Atd+aed__r storey Oast i 1moo CPA FdPACOMB S IA" TOTAL AM COSTS S 381 x.00 TOTAL OEV.COSTS: $ 46W5oAo OrWdAU.larg4rsbd( 15,�Q x) S 1�,G06OD ora�Ama�raRs�esesa(,. °O��1 $ 270.SOO.Ob 13. {CCMW M M PRWECrI Omgta>•and sW bp0rrffiffi iar brm#1 i ord#12 n ore 21biI d#ara AmouLL Requested t (Add Item#11 It 012) load a mod Mime Proled Spwgmr UnVAd ON of YmWb DIX-71 GENERAL.PROJECT DATA Project Tdie: Bkw&w W Mverhwd Perk Rs4malWmard (Page 2 of 2) 14, SOURCE(S)OF LOCAL MATCHING FUNDS: General Funds +r Dorraforhs(speedy) Prtvate lard dormdm velum Q$376,000 Non-Referendum Bards Dow(4 ow FA%Mnd►ms BmdS @Xbomtm slalus orleferendum date) Note:Sme Lnfmrmetlon on page 60 regarding 1111rrols Rural Bond Bm*and paraibla low coat lemne to help finance!fie proposed pro)eet ns arpop IS&TOTAL PUBLIC PARK f OPEN SPACE ACREAGE AVAILABLE 16b. AMOUNT OF PUBLIC PARKLAND/OPEN SPACE WITHIN APPIJCANI'S JUNLMCTIONAL BOUNDARIES: ACREAGE SHOWN IN 76a THAT IS OWNED mmllkw 27200 .acym LEASED BY APPLICANT: �acres udrrled 0.00 acres Lmagmd 'NOM Attach legilhle MW dwwiW bcfflm of ALL puNic peAdmrd within applicant's jurisdictional boxdmm, For each park sb. bombs Herne,st m,general lypes of me,laalities avallable,and wtmtther utilized as'compncrrdiy'w"rmkMborhood'park, 18. IF APPL ICABLF,DIOICATE SPECIFIC GOAL or STANDARD mADOpTED"-17XRFffa0ff73F=NT OF LOCAL OPEN SPACE l PARK ACRES per 1000 POPULAIM WITHIN JURISDICTION. *oo arseslt000 poloulad xr• Must mft dl page(s)hen bcol plan or ardmhance to wh9arWalm the stated g"or standard. 17.OUBTWG PPLY OF PROPOSED P Forea.chnks asset*mfacildyplannedfordevefopm WIN THE PROPOSED PRDJECT(semlisffMbobw).Om Ihg svpplyk mnbbe dsm h te4itie5 cumently.evaiable for public use within the jurisdiabonal boundahx s of tre projari. (mhdsting it (axis rin 0 wfnjudsdrebon} wfintu�t owl) TRAILS(S d mass la nearer!1f10 mi.) Picnic Shohm "MvNftur8 hue Tent Camp Sites(Dann") m Bmv hit Tromed cAunporSites s Nml<aaftlerixod e U SPORTS FIELDS&EW AREAS Fft r Trail(#d"ic m) Berehe>l Gelds 4 WATER FACILITIES Soflbd fields 2 swirmir"Peal c Football ffalds r Sw6 ffft Beach i 4 ! U Soccer fidds a (#)and l..F.of waterfront Tarnls cash o Baskml'traa CourL4 7 Bold Laurhrth Feotitiss vaimod Carats t Fishehg Piers as Rwwdro Tradr t WIK ER RECREATION FACILITIES Playgrounds :n lee Rfrrk Im4mm skating FNG I cants m 0111 W. R e DOLF COURSES of tholes J. OTHER MTERPRETIVIE CENTERS 18. LIST ANY OTHER STATE OR FEDERAL GRANT FUNDS INVOLVED IN THE PROPOSED P G ,PREVIOUS OR ANTICIPATED: (L.Fst mikabim pmjad rrurrrh615 and staabrs) JFMOIVE,CHECR'SOX( EPA 319.applying for 2010 grant cycle for upgrade acopom to SAAD grant,appnoadmatdy$215,000.00,aWcation In progress K)NR SHAD Grant(rcwdlboat launch)$200,000.00,unlamon award statue ig. CURRENT'EWALIIED ASSESSED VALUATION"TOTAL 20.APPOCaff a AnmW Oporstim Budget FOR LOCAL SPONSOR JURISDIGTlON: 5 594,000,00D.00 $ 11,400,000.00 Dec - IA ILE TT— z --�: r/ J 1rr, I s� r �Y��f� 1P ✓� - _a j ,. e1 l 0 o 5 City Parks Map .�`-.. .-�... -- �rlrll lt�hw.IN4w�i/r1Y��CiyNM�i�/rnwn� � 1 honk :,y Ford ~.K�rw`.Dra s Lj LL LL-1- Legend ��.�,�I�. 3� .,...: L . i w )411,.F. Parks ID i s ltimj Park Facility IDs I —• __- -•— -� - Park Facility Locations t..----•--••— --•_._._.._...--.._• ._.._.._.. •� IVlon g fFlery School ID I—••—•^—..—..� i�... f',.„. I School Locations _ Local Parks/Forest Preserves 32 City Forest Preserve r State CYorkville Planning Boundary L/� Irj ------------- .._.._..__._ 'I i Oswego. Will 34 �� IL .i• -ter � `•� I 'I i 34 71 I i i i 0 7 r' 05 `�� ► —_ •--- --- -� k �_ � .. 22 F f'Y ti 41 I 13 10 z-081, i .14 rk ill I 12 1$ i r-i �a. C D Park IDS ,.. yr. _ 01•Purcell Park 02.Fax Hill East Park i 09 a3-Fax Hill West Park 23 IL 04,Hiding Spot Park 05-Emily Sleezee Park 06-Town Square Park e' 12�+ i 07-Beecher Park VV 08-Van Emmon Park Price Park `� r5 'S •~ 10-Rlverfront Park ' `.. 11-Kiwanle Park •� I.-- ,} 12-Rice Park •'� f .�•' 16 I 13-West Hydraulic Ra N a,•,r- .�••� —� O _ 'a'�� • 14•Rivers Edge Park 11 15-Crawford Park 16•Sunflower Park `1 17-Cannonball Ridge Park --� 18-Gilbert Park L..1-•�; • ( r 14-Rotary Park 20•Bristol Station Park /+ \% 21-Junior Women's Club Park Heartland Circle / .'a — � 22•Jaycee Pond A 23-Cobb Park ti :` �• �" 24 24-Ralntree Village Park A 25-Steven G.Bridge Park �'� -\. :•� '"`�• 26•Stepping Stones Park 27-Wheaton Woods `"�•./r _ �,. 28-Green's Pfiling Station Park -J 29•Riem ensc hneide*Park • r Y-._°— --' 30-Grande Reserve Par*A 1 31•Grande Reserve Park B 32-Bristol Bay Park A •\. �,�• I 33•Regional Park @ Bristol Bay I Park Facility IDS �I + _._��1••Y-- 1-REC Center I + 2.Beecher Center 3-United City or Yorkville Parka K Rec Office 4•Riverfronl Recreation Building School IDs A•Yorkville High School 13 Yorkville High School Academy i•\a C•Yorkville Intermediate School R Circle Center Grade School E•Yorkville Grade School F,Grande Reserve Elementary School 0,Bristol Bay Elementary School i• H"Bristol Grade School I Yorkville Middle School jJ Autumn Creek Elementary School `* 0 0.5 0.25 0 0.5 1 I UT !d Park & Facility Map February 2010 Miles PARKS&FtE RMTION {e~Vi." United City of Yorkville GIS ie.b irr UNITED CITY OF YORKVILLE Y".� }}� •a X4 PARK AND RECREATION DEPARTMENT PARK NAME LOCATION STKETNAMEISI THEME no- ¢� Q 0+� O°°� 0�� 0� 4" Lr'c4 O�°4 4 4 4°cc �T = C+ ate; Q� Oa Qa �'/•PC !� y�c`� + "m !I//y�" �e € �a �+ 1 Purcell Park 375 Fanha Or NF M 0.31 ■ ■ , 2 Fox Hdl East Park 11745yeamue Ad .N I N 4i ■ ■ ■ _ ■ ■ R • i 3 Fox Hr0 West Park 1711 dorm 51,41 _ NW N 19� ■ -, ■ ■ •_ A _HK ng Spot Park 397 Park 6 F.eemere Mar VE F M _ 1.35, ____. ■ ■ ■ ■ ■ ■ # S Em1ly SNWZW Prk 637 Hnmtstead Of" _ _ ,NE M 0.75: ■ _,- __ ■ ■ __ - ■ a to-n Squat Pak 301 N Brdpe(File.47) Nw C 2.5' ■ ■ ■ ■ 7 94tcrNr PUk _ WI Game Farm Road NW A(C 201 ■ —_ a • l ■ ■ ■ ■. ■ ■ ■ a van Emmon PUk 374E VanEmenn Road SE C 21 • ■ ■ 4 Prim Pak 525 Bump Bah D' .SW N _ O.T' ■ ■ ■ • • 10 R—HFOrd Pak 201 Ent Hydf uk S6aH SE C 5� ■ ■ ■ • • • ■ • ■ ■ 11 K..rm.Prk 1609 Caasry Hi.Orwe Fan SE N 2' ■ _ _ ■ __ ■ ■ ■ • ■ 12 Roca Pak 545 Peplr D-W Twowtakon sw M 1.251 ■ ■ IF • • a IN 13 W4s1 Hydraarc Pak We■H4181e SPlel �sv. M 0.T # ■ 14 RIM.Edge Prk 974 Sony Creek Lars SW M 0.5; _ ■ _ _ 15 Crawford prk 201 Wndlwr CtW SW NA s; ■ • 1e. Sraeln"Pak 1105 Wehh Orin Fa SW I N 21 ■ ■ ■ ■ ■ • ■ 17 Carew"AKlpe Park 29x7 Nora,ld Lan C A W r SW N 12' ■ • ■ • ■ 1e. Gllbrl Pak 703 Adw St Tree Ho-v NN M 0.21 ■ 19 Rotary 2775 Grarde Tml HyhAdeMUe NE N 12.0; ■ ■ • • • • • 2( Bristol Stabm Prk 2753 Atan 4W Ln T— NE C15P _12.01 ■ ■ ._,., 1 l ■ ■ ■ ____ ■ ■ _. Ju1 W Wariin's'Ciub Pak N - _ - - - - —__ __ — ._ - __ _ .. - 21 HrSad Cael. 12077aw Crlde Spae4 NE N 510E ■ ■ • • • in ■ ■ 27 Jaycte PirM 41OW CrMdr Sl NW NR 7.0- ■ it ■ 23 Cobb Pak 109 Coaxal pwk,ey A.—xr C4ad■W1•SF .N _.1.0. __ __ _ ■ -■ 74 Aal br"Yd1.ge Prk A 524 Parkwe Lane 0e SE M 0.7� # ■ ■ ■ 25 Sbvm G.a,. Pak 3651 Kennedy RC' Rgepal NVv AMINR 56.0' M ■ ! ■ • ■ ■ ■ _ _ 20 StWpng Stones Pak 3152 Grande Tres Svwd NL SPIN e..1_ ■ ■ ; ■ • • • 27 Wtmlon Woods 205 vmedm Ave NW NR SAI - _ __T ■ _• .. • 29 Green's F■rnp Slatwn Pak 2736 A•lunc Gr4ea BNC Trarepona0on hE N 5.91 ■ ■ • • R • • 2e. Roetn r hnidr Pak 600 Hayden Or Fee1yH4r *7F N 7.1: ■ _ ■ ■ ■ • • drf.lda Rrww Prk A 30 [Sno[yelematrueWl 3972Tanly Trid Tr4e Hews NE' N 5.1� ■ ■ 1 l ■ ■ GfatW R 1.11 Mika 31 r( tyet ear■timed) 2777B..fwe O. C"m NL ' N a.6�. ■ ■ ■ ■ ■ ■ Bii.W B+fr P�ti A - - - - 32 (hbtyrra b!WtHll 4432 FMUe nkd 5l NL H 3.0 A6pirrk[Para d Brlehel 33 lbafw"t mty) Brelgl Bay Or NL R 63.Oi ■ ■ 7oW acre 277.0E SCHOOL SfTES A Ywkvl1k NghSchool 7976 me F4.m Rd NW It ■ • ■ • ■ ■ Kay B YbrkvWe H.Igh School A.cadtmy 702 Game Farm Rd Nv. SP ! • ■ ALM Pt'k C Ymkv0s bdernedWe School 103 Schoohl Rd SE ■ ■ • ■ K ht'preod° Pr. O Clod.CentU Gr■N Schad 901 Will SL SE . ■ ■ ■ ■ C Cw9r ly P" E YwkWh&ad.School 261 West Svnb SL NW • ■ + A Adr4tc Crtgaa F Gnrtle Raerv.Elenr.nlry _ 314x GiWdw Tfal NE SP _ ■ ■ ■ ■ ; 1, G Br[etd 9aY Ekm4nlary SeMW _ 427 BmNd Bay�•__� 4E__' -_.I 1 p • . ..... _ fiR haa.al■�e'n°R A"' H BhxW Grade School - 2J r1ua B�"_ NE _� r ---- K ■t9 anal Prk% _ .. - — - ... .__. _ .. _ _ - ._ _ - __. n Iareel prt4an4 Galncr I YoirkvdM Mrdli Scholl 920 PratKf l.rarag it SE ■ # ■ ■ ■ J Autumn Creek EltmwTw Sehbbl 2377AA—CreeKBNd SE • STATE OF ILLINOIS 11DNR I?OC 3 RE&OLUTION OF AUTHORIZATION OSLAD/LWCF PROJECT APPLICATION 1.Project Sponsor: llntMd City otYa Ma 2.Project Tide:Bioenten W RKWhWdParft Re-development The lkdted[qty of YarkAe hereby certifies ud acknowledges that it has 100%of ffie funds 0-11 *> necessary(includes cash and value of donated hwd)to complete the pending OSLADIL WCF project within the timefiames specified hatin for project amution,and that ftulrrre to adhere to the specified project timefiame or fnilare to proceed with the projectbeemw ofinsufficient fonds or change in localmsratiouprior ities is suiliaient cause forprojeet grant tennirationwhich will also result in the ineligibility of the local project spav=for subsequent Minois DNR outdoor recreation grant assistance consideration in the next two(2)consecutive grant cycles following project termination. It is understood that the project should be completed wi(lin the dmefrsme established in theproject agmement and the Finn!Billing Mmbrrasonent request ugff besubhritted to MAW as soon arpawible of QerpnvjectaompkMm. The Unked Coy of York4e f utheer acknowledges and certifies that it will comply with all terms,conditions aand ors of 1)the Open Space Lands Acquisition and Development(OSLAD)program(17 IL Adm. Code 3025)or federal Land&WaterConservation Fund(MCF)progrem(17II.Adm.Code 3030),ssagplicable;2)the federal Uniform Relocation Assistance&Real Property Acquisition Policies Act of 1970(P.L.91-646)and/or the Illinois Displaced Persons Relocation Act(3 10 ILCS 40 ek seq.),n applicable.3)die Illinois Human Rights Act(775 ELCS 5/1-101 aLseq).4) Title VI of the Civil Rights Act of 1964,(P.L 83-352),S)the Age Disotimination Act of 1975(P.I..94-135),6)the Civil Rights Restoration Act of 1988,(P.L.100-259)and 7)the Americans with Disabilities Act of 1990(PL 101-336);and willmamtak the project ores in an attractive and safe conditions,keep the facilities open;to the general public during reasonable hours consistent with the type of facility,and obb in from the Illinois DNR written approval for any cage or conversion of approved outdoor recreation use of the project site prior to initiating such change or conversing and for property acquired with OSL.ADILWCF assistance,agree to place a covenant restriction on die project property deed at the time of recording that stipulates the property must be used,inpapetuity,forpublic outdoorr=entionparposes in accordance with the OSI.AD/LWCF pmgramg and cannot be sold or exchanged,in whole or park to another party without approval from the Minais ON& BE IT FURTHER PROVIDED that the I Wtod Chy of YorkvfMe certifies to the best of its knowledge that the information provided within the attsec>se�d appp iration is tore and correct, This Resolution of Authorization has been duly discussed and adopted by the Ut"d C4y ofYor1,210 at a legal meeting held on the a day of 'krob (Authorized Signature) ATTESTED BY (title) ( ) Rev.3N7 STATEOFILUMOISIDEPTOF NATURAL RESOURCES OOC.41 DEVELOPMENT DATA OSL AD 1 LWCF PROJECT APPLICTION f No* : UMtadCltj+dYorkv @ e 2 Project TMe: 6laerdtrWM Rherdord Park R64VA op nW 3. AngrdsWm Development Ve NDTE Asqulsbm PFojecia-axToob idems 84 mrd tM tdm m DW Perim to Ti&ee dearekVmard. FDEVELOPNIEW ITEM 5. UM1T AMT. 8. ESTIMATED COSTS @ existing large shelter 1 $15,000.00 d $ sitting area 1 ;132,000.00 er 1 $70,000.00 ectrical for vendors 1 $50,000.00 Parking lot addition 1 $5,500.00 Landscape restoration 1 $19,000.00 Shared-else trail 1,210 $50,000.00 Canoe access beach (ADA) 1 $5,000.00 Picnic shelter relocation 2 $5,000.00 Port-o-let shelters 2 $14,000.00 Woodland restoratkm 1 $25,000.00 Memorial sma(pavem and benches only) 1 $5,000.00 Ldwiwb*j-- r,dmbw b+dtfupYghear 1 $22,000.00 CPA Rmpwt C 1 $1,500.00 A 1 E DesW Fees 115257E or card cost 10 $40,000.00 (✓)P°tenftl AmhaeoiogW Sunray 1 $1,5%0.00 TOTAL EMMAnM COST: $460,500.00 NOTE: Donated Idw and medarW aft not ellplbls for rotmb ntierrrarrt (✓l pm1ects approved for 09LAD funding may regrirre @re tompJef*n of an erddw eoio k2d r mmufta m sravay on the pajed side. Esbmeted cost t4rsudr a surrey may be included Ln free project kidgek Attachment A-1: Narrative Statement Yorkville,United City of Bicentennial Riverfront Park Re-development Proiect Description&Need Bicentennial Riverfront Park's Whitewater Canoe/Kayak Chute is scheduled to be completed by the Illinois Department of Natural Resources in August 2010. In anticipation of the opening, Staff has been applying for grant funding to improve the site to greater benefit park users.In September 2009,Yorkville applied for a Boat Access and Development Grant to add a boat launch and access drive/parking lot. Additional funds are being applied for through an EPA 319 grant to upgrade the asphalt parking lot to eco-pavers to create a more environmentally friendly and educational element to the park. This park will be a high profile improvement to the region as users come from all over Illinois to utilize the whitewater facility.Proposed development at the park will consist of the following 1)Brick removal& new stairs on existing shelter,2)a themed age 5-12 playground&sitting area,3)fishing pier 4)security lighting with hookups for vendor uses for farmer's markets and festivals,5) parking lot improvement for building at 301 W.Hydraulic,6)landscape restoration,7)ten foot (101)wide shared-use trail(1,210 LF),8) canoe access limestone beach for safer ingress/egress in the Fox River 9)relocated wood picnic shelters, 10)memorial area for all those who have lost their lives In the River at the Dam, 11)woodland restoration(tree removal for wood chip path,tree planting), and 11)two port-o-let shelters for facility users. Total estimated cost for the proposed new park development is$460,500.The City will use the value of an excess donation(29.1 acres)in Grande Reserve subdivision as their local match on the project.The value of this private developer donation is estimated at$378,OOD+.Combining the proposed donation value with estimated park development costs brings total eligible project costs to$841,500(including appraiser and archaeological fees).The City is requesting$400,000 in OSLAD funding to help offset a portion of the proposed project development cost.Due to the state's participation in this park's improvement to a regional attraction,the City,especially affected by hard economic times, is requesting funding to help the recreational benefits of this park and users statewide. Results/Benefits Expected The proposed project addresses the following DNR statewide recreation/resource conservation priorities as noted in the OSLAD grant manual: • All the proposed facilities are of high need for the community with the exception of the playground,although the proposed playground was specifically requested in the public meetings to provide a safe location for children to play while visiting the park. • The park site will provide a recreation benefit to all users who chose to come use the state's whitewater canoelkayak chute, • The fishing pier will be the FIRST such recreation facility upstream of the dam and canoe/kayak chute in the community. • The project is well supported and justified by local planning efforts/documents. ■ Projects involve the use of a private"land donation"to help finance the project. _. W- ji ..r AW I l 1 Gram Application Laced 1 47 I 1 �a Glpewr E i I wrrati ..� i 26 1 Rrverfront Park TM�Is�kkd. w�� ,e�a N sm 1,000 'aanrX vmemhm,ar rawwpfwr".it to ThereapofurarNy&rb* Location Map �.put.,•mdte.avaeaeea,.eXr4.sllrmc.,so,vyr"Lea.ae..,,al gpioppdmr••dlb ae.YG IhJkdrlry W YwIMW men:.a M ..rr.rdae ee.eWafSapfgd to tM meafeu Dals .rune 2010 Feet M+P rmdac.O by L%M#d CW of"~r#03 S BICENTENNIAL RIVERFRONT PARK -- USLAD GRANT APPLICATION' CONCEPTUAL SITE DESIGN _ i DENIL FISH LADDER— GLENN D.PALMER DAM FOX RIVER MEMORIAL PLAZA EXISTING'CODE BLUE — - -- — --- - - -- .� -1 EMERGENCY 901_l= ---ACCESS STAIRS TO LOWER PATH(14NR) - CANOE EXIT u[sNk. '4 Y ---PEDESTRIAN BRIDGE(mo) , I _BOAT LAUNCH& '*' _<X ST]NG SUIlO1NC - PARKING LOT BAADGRANTlEPA319GRANT) _ AND PARKING„Q T _�SKARED-USE TRAIL EXISTING � �� PARKING LO ~1 " -CANOE ACCESS r° —CANOE ACCESS BEAGI i 1 EXISTING _ _ _- B �WALE RT-9-PORT RECFiEATIC}N—' `��.. •. �LANOEYKAYAK CHUTE tart;1 — � � GR011F'SHELTERS : i > - at '• - , - C (RELOCATED BY STAFF) NATIJ�4Ar STONL BUILDING ` — d r�kaalwri FISHING-PIER _ ILTIF�' 7kA �iY.iitraA__ Y - - - i RESTORE AREA ` —TO PROTECT �— LIZARD'S TAIL — 's } EXISTNG _ P'AILLbCCN PLAYGROUND REMOVAL �. -. (9Y STAFF) I — � PORT'-O-LET M �RPIVRICR�CN SHELT8R -VENDOR STATIONS r AND VENDOR FAIRS) PLAYGRGUNQ \ EXISTING COMEb in AND SITTING AREA SUBSTATION` I • ___� � SHARED-USE TRAIL / y EXISTING WOOD CHIP TI�tTI�- INFORMA710NAL KIOSK RESTORED WOODLAND HASITA-T m I t „ �° -RAILROAD GRANT) TURE TRAIL CONNECTION(NOT IN GRANT) M r FUTURE COMED TRAIL(NOT IN GRANT) •,f,U Oily United City of Yorkville �RK�I.L.� Yorkville Parks&Recreation Dept. SCALE 1"=60'-0' 800 Game Farm Road Y 201 W.Hydraulic St. Yorkville, Illinois 60560 I Yorkville,Illinois 64560 CONCEPTUAL PLAN MAY 13,2010 Telephone:630-553-6545 I ' Telephone:630-553-4357 E L Fax:630-553-3436 � � Fax:63453-4360 DRAWN BY:LAURA SCHRAW NORTH i t- -� I I a 1475 n r,l Mlr �/ � � ^ -•5 w . '4s 1°IS CIS c� ifG s. IH =n 'II RII Is 4' ee ,32 r08 a 2S5 as , 1$f. wk T ([ 114 02 "�ti f10e 14r I T` i � a t . 6 tea,. K j I I II T'i Riverfront Park �'°'�b' °�°OfCWn°f**4NW�15�'rWSPM*b °�°' e ,so 900 .�d++Cn N°eeur�wcwnprfaneu.n to m.f.,pa,arelxq•Of 00 I Repu.sl a fe datmajisv accuracy,llmeamss,compkoferresjr,and �aotx:MIL Thounitad CRY°FYor*wllemake9n° W E Plat Map Feel rarrarAW,expressed or iMpfn3fl,b the use 004 CAM Map produced by United City of Yorkville GIs June WO -P.M.1 YahprovidedbyfiefxlrllC°umyGIs S II.Dept.of Natural Resources Div.of Grant Administration ArrACHNWST A-S VASoSOM ENVIRONM NTALASSESSMENTSTATEMENNTPEAS) (page I of 3) PROJECT SPONSOR: unMd Chy oFYw vltre PROJECT TITLE: Bbattmrmwl wwwhoot PM*Est Instructions: 1. Attach to this EAS checklist a concise(no more than I page) description of the projeci cite innhuiing dimeoaions(size), physical characteristics(pay particular attention to u►uque features).and existing uuprovements on the properly. 2. For each of the m ironmental and social factors,indicate to the beirt of your Irnou ladge whether the proposed proj get will have a Beneficial(B),Neutral(I),or Adverse(A)impact or is Not Applicable(NA). Consider both ttmponary (dunng construction)and long-term inVacts. 3. Egr Adv ge(Al eaplaiu in the Comment Section of this EAS the dsttne of the act and whether 1)it can be maumaea oy pnugewonmeastms OR 2)is unavoidable and cannot bepositively addresseWnuligaied. FA RS Key to eapauts! I8}Bosfieal, MN-WA (A) (WA)Not App6eal b (�aek only l taafor ec�fador) Sono-Fco�FwkM Type aflwpad Id N A da 1.Aaiaomt1nd Use(darnbe. Rallroad 1 RWer V] 11 I ] z Dioup°oo ofHcjgbborhoadACammuoiW Coheoon [ ] V] I I I ] 3. lmpadmchucba/ JzcbmAslbcmhhmefo'I;t;—/cM=Iyhm*g 4• Loedocommaidbusiam 5.Diso ec®t 1 Riau®of ndh&=*(s)or IK I ] [ I I ] V3 6. LAW Tas Hate(.e.,pmrcrh'ta:lass) I ] [ 1 [ 1 V( 7.I A,d Um c3umgee l 2naiaa (mdioare co rra*mums elaxo6atim S. Avitotbaral Ac6vfex 1 PAwe FarwUnd ewwwzim(� [ ] C l I 1 V) (� in vwh dro 1982 M==Fmmdmd PmwavakwAct.it is M Ml TORY dotmad;auimbe Kol to dheM DAWL OfASkahuoa (IDO+�►�Hawn ofIiad wets Rrsaoaees,SattF +.Sp�in�Id CL.S2794-9?Rl(te1�217f182�29'ly g all laodrrgc�ri wmem located out9dr=wi6;Wagp sbelimits awcza1an.Appkm mnatsaitobepmvidodimemdw capvc and adjacattla�asas idrati6ed m It+amap, 3)eo�ty sou!Wrvay�wilh�e projaet�bamdn<y do (coil nngtt ranbo obtained ![Pm the Caomty soil d:Water Coossystim Disfott affioe),and� �piia�ra Naaadiue S (/1te;elwtr�tA-l�faoammttr pvvridad byyJbr mt7.1 ivlka,pvt�rc7naQtt+r ae6nailmd fo t3a17lNRmPmt afahaP►gjaelSP�+�m►nncnw,procaa:, I I P-jed r +DaIDOA nom.Data sent: [ I Project don rot nee IDOA mwew. Pkspeal R®am Fadum 9. Wildtilie/Wtldtilt<FLttiut Gemespedn I l � [ I [ 1 l t. Sails(aooaq naval,mn�am) I I i/1 [ ] I ] 12. Air Qmlay IJf [ 1 I ] I ] 13. Noise I l [✓1 I ] I ] (gaga 2 oi'3) PhpkslRemomrce Factors(coal) T CflC9-1 H N A da 15. waaerUpa [ 1 l l [ l 16• bru ral Rewswrm 17. Tice Removal 1E. s e ewd—(fake,a--.&-ogeer M eyc.) 19. Graeodwow [ ] C 1 [ ] 20• Mo [ ] yl [ l [ ] (paceat of project�vrithm loo ytw aoodplais-24A 21. Wetlmds r) [ 1 C l [ ] 22. rmr"i*ma and Eu"nervd zwcin C) 6h [ 11 [ 1 [ ] 23. Arshoeok&A Rosonrm and Historic 5koMishirb V) I l d 1 f l [ ) (') Sao rued"[Moors]Rye,Eodmgam d Spxiex$Wdfmds Review Reped"lam',cataf at the tad of dais SAS nvort tint=W be cowleted(70ftrequatad mop attrthw— dphome,dappficaMe)=4xnachediaduphcotr 3( cogjMj bifeEASsapwoComptojea eed+®ttadbtbal7NR �tpml�rhatbleonl►amok+elv�detv,,mion srl parchaso lo�calmconnaisrrrncese�rve�rraybcrcgrirad 10 d�gariawe tbo airtanca atld�or.si�f[{rermea nJsvch>$otnxa and permtial impaetr to tbms. Tlrs cast�s:ah a atm+ay u IhQ reepoari6zyiq� gfllul oenl qte¢liccmrmrdis+rligibl rfrrgrunrntiat t�calFi�Frcdsdvithagppl7eetFopiF�lbud� Yevtlr7lbsnat{JFd(fruchaapnay is mpeb PLEASE E NOTE that the s�,if rwquhad,does not and ft bo coadadad=0 After DNL zmni approval Other Factors 24, I%,Wic Roadway/Tnffie/pobfne Trrauit I R-ihnsd bepae.W 25. puhlieUtildieelTmo=ilmimFaeilities 26. vt='1I�.e� [rl [ ] [ l [ I 27. Hessdeft WasldMaam.le 2g. CM60mcy Wilk lardPlsm (Lfm,-poi-) YES t NO NOTE: AawizWwapphcm=-ithprojerl tcampletc4rr.eodoud StmdadFomt424(appliatiou for f=daaVSbvc wdL= e-pats 2„5=6,3',and 11-1t[)ad mbarit copy of form Owg v a pgjoa mope amd n wrm*va xbkm at(swchmemt A-1)to the q apriase for review eammmt_ (Sao bwA of 424 fmn for any looiom cod addresea) 29. Kaosen Rojed Cs*--y (e(M-pW YFS NO t 30. IAmtify my Otber A3vaao Itopad(s) :NT SEMOM or acts" (da nol genergj=or use terms ra yvar commmis Dmenbe each sdveaoimpeetsa an objwkve cad qumtifie,d mac and dasaibasp=firL y HOW fd177t`zknON unli be ammwvbsbed in the advease MwaCt OR.whicb impact:n m umsvaidable and®ow be pogtivdy addmmd thrnm4ih mahodim weanwL HB CONCM- ]:Ktwlm ENVrROEQAENEAL ASSEUMFIrrSYATEh"'r CCRQAENTS SECTION COOL (pate 3 013) omch addl&%At Pala U mw ry) MRWECal ERhffrREQ rS: semm to Pwmib (COP To [ ) NO section rat r®l PM To [ ) Wo V) »saou Aivm,i*A b:lbm=r®t QL DM) YES i 3 NO 1VMFaml MM To to tto[V] MUSON MESIUMUME IMT BLZ(GTMSDOC hem: Lars 5chruw.City Park Desipw Unw try of YarkWla oa of Asmq d IL Attach list(bibliography)ofpemons, agencies,nef=ces, etc, consulted in preparing this Envim Lmmtal Assessment Statement. ILLINOIS E.A.S. - CERP FORM DEPARTMENT OF NATURAL RESOURCES CERP#: Drte Date: CULTURAL RESOURCES,ENDANGERED SPECIES&WETLANDS REVIEW REPORT project Sponsor Lhaw qty oryw1a Rw Ldicate Grant Prolu-m Type Bicentennial Rhmrfrnrtt Paris Re-d L�hen Project TitldSile Name: trvtsraprnent OLT i.sure+chmw �C OSLAD/L'9VCF Contact Person Me Ate : 800 Gann Farm Road Yorkville BoatAceess Snowmobile Phase: 630-553-8574 Date: - -OHV E,,W: Ischrawftodwille.11.us RIP Cheek appropriate response: [,�} New project Application owtproviawlyru+de>r,ed/aoxri v*dbyMAM) [ l Application R=Atinittal+ e If resubminA indicate the ywr(s)previously submitted: Has project proposal changed in scope or des 4p layout Isom ineviow aubmittal(s)? [ ]Yes [ ]No if this is a development project was the property acquired with DNR funds? I ]Yes [ ]lido Project Location: USGS Nimmeric Location Heslgnetion: Township:a1 N Range:7 E Section:33 Please attach: 1) protect site development plan 2)totofraphic mV (Nate Ccpim sh mild be no kwW AVI JINX M.) (Clancy delhtreale and Aderd ff the')kmJed rNe/park barurdarp'an Me slap wl(k a dashed black lire) Tonomdhic m w mss•be obtained Illinois Mde Geological Society Sire otProjed Site:U acres Champaign,IL (217)244_2414 Topographical maps may also be available from local and/or regional planning con missione. Concise Project Description: (Also,attach 2 sets of color photos of any existiug buildingsishuchwes on project site) The Bicentennial Rhrerfront Park Is a SA acre parcel dedicated to recreation on the Fox River.IDNR has improved the park by replacing the Glenn Palmer Dam and is nearing completion on the canoe&kayak chute,just off the park's boundary line.Yorkville is seelting OSL.AD grant funding to re-develop the park and provide additional recreational benefds to this facility_ IDNR plans on restoring the park to Its original aonditian:gravel parking lot and turf grass.The additional funding will.help to matte this high-profile facility suitable to so= odale the antldpated W0+weekend users.The project Includes the following items;shared-use trail,lighting with vendor hook-ups,dvic lawn,new playground(the existing 0 year old equipment trust be removed next year),memorial area,rte-use of the picnic shelters,port-fat shelters, replacing the wom brick stairs on the large community shelter,impnming the woodland habitat,providing a lager and safer canoe accesslogress point upstream of the chute,and creating a fishing pier in the eastern portion of the park Other grant funds have been sought for the parking lot and access road,as well as a full boat ramp. DEPARTMENT USE ONLY Approved Approved w/Restrictions; Comments* Grant Adm CultwA Rvwo set T&E Spedea/NP/Naftid Area/LWR Wedaw&(See 404,see reverse side) *see attached lctterlcmmneat 9igarlme i-&ratas I NR CE" rots far Q+ &9 yndw hawwoo 01MPAER&CA W Coamdmucftor Date isdnded in tiro sohud ft1 Any,dmgm mean be rembna"for*wim 3 COPIES OF THIS FORM AND THE SPECI M ATTTACEIIVlWTS MUST BE SUBMITTED WITH APPLICATION + r r w 4 - i r Gas r( Y P f - ox � 4WA CD 1 I1-- M !rf f $9 r " dsc- GAS Ir 1 I -1 � I � r ��'R1dge•Sf�� w— I wB' 9 ' r` - i r '— r i w � -•11+1 I f� I r � � II i t � e+ I � I � ,f• �I� f TiM OW fc ploYldglllllnOW�.nu/V wwr ury nayorr N N Riverfront Park o 150 30a Topographic Map wwmN me.4M "` 4.Ox Yo arm PaAesna wmrr�.�e..+fad 1oRuar�rdwom Jana 200 Feel .��ppaowrwuO•dbyx�u�mtic r�s S AnAvAtIEW A Legend Floodplains Zone �._�.. D m A o Ift' AE a MINNOW r te r■ r r r r r■r r rr��r �i - an`fminan-g ! E RFdge.�,� Riverfront Park o ,SO 300 .�1.�,.,�,�.�..,�,l�l...nb�.R.,.�.��,� FEMA Flood Map afJtt 4",hO n.aa.rDS w.hr uww erry dYwladdmw.!de r raWOL WWVAWd frtm*drd,ro dr amadrhlDau, ZOiG Feel PApNPDX.dayUyadcdyufvm*vw Go S JXM ATUNUKPI WT- A-4 `,;;yy--401 !%w,6o F ac ✓Lcx`,J. ..T&i,.& 60.541 Ark 616/t3.RX14101 AFL•.-:_�i?SB(.Q OBAI NF1 A-n 81,�/riJa•1�Cc� May 25, 2010 Mr. Bart Olson City Administrator 800 Game Farm Rd. Yorkville, 11. 60560 Dear Mr. Olson, I have performed an initial examination of the estimated value for the proposed park site referred to as 'Kennedy Road Park', in the City of Yorkville. This proposed park now contains approximately 90.32 +1-acres of land according to information supplied to this appraiser. After examining the relevant sales data from land sales in the subject area, it appears that an appraisal would reach a conclusion that the total estimated value of this park site would be approximately$ 1,174,000 or about$ 13,000 per acre (the 29.1 Ac parcel would be about$ 378,000). This value estimate could change depending upon the time the actual appraisal is completed and the potential change in market value conditions. Full narrative appraisals would comply with all applicable standards and be in compliance with USPAP guidelines in place at the time of the full report. The value conclusion reached would be under the assumption that the site would contain the same approximate acreage as of today date and have all public utilities available with the appropriate zoning on the property. Sincerely, David E.Thompson Thompson Appraisals REAL ESTATE QUALIFICATIONS DAVID E. THOMPSON STATE OF ILLINOIS Certified General Real Estate Appraiser#553.001147 NORTHERN ILLINOIS UNIVERSITY: B.S. 1986 JOLIET JUNIOR COLLEGE: A.A. 1984 COURSES ILLINOIS DEPARTMENT OF REVENUE: 1-A Rural and Residential Workshop 1-B Commercial and Industrial Workshop ILLINOIS PROPERTY ASSESSMENT INSTITUTE: Certified Senior Instructor B-100 Basic Assessment Practice A-200 Cost, Market and Income Approach to Value Farmland Assessment Assessment Administration and Public Relations Reviewing and Analyzing Narrative Appraisal Reports Structured Format Demo Report Writing Seminar Valuation of Shopping Centers INTERNATIONAL ASSOCIATION OF ASSESSING OFFICIALS: Course 2 - Income Approach to Valuation }� Depreciation Analysis Workshop I Course 301 - Mass Appraisal of Residential Property Course 302 - Mass Appraisal of Income Producing Property Course 4 -Assessment Administration SOCIETY OF REAL ESTATE APPRAISERS: Course 101 - Introduction to Appraising Real Property Course 102 -Applied Residential Property Valuation Course 440- Professional Practice OTHER QUALIFICATIONS: Certified Review Appraiser-CRA Certified Illinois Assessing Officer- CIAO Intemational Association of Assessing Officials l County Assessment Officers Association of Illinois Illinois Association County Officials Supervisor of Assessments- Kendall County- 1989 - Retired Board of Review- Kendall County--9 years Instructor at Woubonsee Community College Instructor at Illinois Property Assessment Inst. Partial List of Clients Yorkville National Bank(Old Second) Castle Bank-Yorkville Millbrook-Newark Bank First Midwest Bank- Moms Union Bank- Sandwich, Plano City of Yorkville Sandwich School District Somonauk School District Seneca School District Hinckley-Big Rock School District Village of Mazon Chicagoland Speedway Village of Summit Private Attomey's Expert Witness 13th Judicial Circuit Court- LaSalle County Expert Witness 16th Judicial Circuit Court- Kendall County Expert Witness United States Federal Court- Northem District Illinois CORLANDS PROPERTY ACQUISITION PARCEL CONCEPTUAL SITE DESIGN s a try_ �` I�N�Il117d4R.+�lPJPttisCNLi'P - - RG'A/s1�AF'9 N i AuT.11011 CREE:'rR DPf61T1, r Unhod qty of Yorkrl0e �Tnm%l" Yarksfde Parke 6 Reemadon DepL -SCALE 1>IW-tr 800 ow"Film Rood 201 W.Hydrauk St. COFL/1T0)5 A7 YwkW71e,tllhrete 60568 Yortva,Owls MM JUNE 5.2*09 •• Telephone:6905159-4360 7dapho ee:630-5533357 BLACKBERRY CREEK FmW 630-553.3436 n C!i alls nw Fac 630-5534347 DRAWN BY:LAURA HAAKE NOON C �"C P_ PLA� r(2-r1Lu 3 POTENTIAL PARK LAND ACQUISITIONS A majority of riverfiront property is privately owned,but when riverfront land becomes available for purchase,the Parks Department should evaluate the potential active recreation uses for the property for purchase.Easements sought for the Fox River Trail should be acquired during re- zoning or property purchase or annexation by the City. In addition, any riverfront property acquired by the Parks Department shall he developed for active recreation uses such as a boat launch, Cashing pier,hiking trails, etc. Where small parks are located next to open space or lots,to expand the property, acquisition of additional lots shall be considered when available. Large tracts of open space are necessary for the planning of a community athletic park in each quadrant, and the location of these Fields should be conducive to lighted fields for extended field use scheduling and maintenance time. The Master Plan is to be utilized as a guideline for development to locate Parks and open space. The City will enter into partnerships when necessary to fully implement the Master Plan for acquiring and developing community parks. MAINTENANCE FACILITY The Park and Recreation Department currently shares a maintenance facility with the Public Works Department, located on Tower Lane,north of the River,west of Route 47 in the north- central area of town.This building currently houses and serves as the office, storage, and maintenance yard for all City maintenance workers.A recent purchase of a facility in the Fox Industrial bark, south of the river,east of Route 47 in the south-central area of town,will provide a second storage facility and maintenance building.As traffic increases and the distances grow greater between the maintenance facility and parks, spacing out locations for storing and staging equipment use will help to lessen the travel time and cost for park maintenance,although this does not factor in the intensity of the maintenance required for the amenities at each facility. As the population increases and developments are constructed further away from the central area of town,the sprawl will require the City to analyze their staging locations of maintenance equipment. Travel time of employees and reducing fuel use to service parks will require evaluation of population centers,distance to current maintenance facilities, and traffic evaluation to determine travel times. To best determine the necessity for an additional facility, the United City of Yorkville's comprehensive plan would serve as the guide for the community for land use,policy decisions, and facility use. The Citizens Advisory Committee determined goals,objectives, and action plans in the 2008 Comprehensive Plan update. An objective of Section 3: Community Facilities,would be to review the current 2005 Municipal Facilities Plan and produce a public facility site study to feasibly determine the locations which serve as the highest and best use for each new municipal Section 3 3-27 ppreks A �c so ev + Would like Stonybrook Lane Park fixed up. • Would like to see entrance to city updated at city limits and entrances to subdivisions have additional landscaping. Other then that,keep up the great work! New prograins • A women's self-defense class would be very beneficial to me being a women in her 30s. Many of my friends have also inquired about this. • Camps for kids for parents who work with times for pick-up and drop off. City bus service. • Day trips for seniors-like the Fox Valley Park District has--casinos and mist.trips. • Golf and Tennis are a must. • Have activities for seniors. Bus service for seniors. • Having sports activities for all ages from children to senior citizens would be a healthy activity that could help fight obesity. • 1 am not an advocate of ideas like teen centers& day camps that allow parents to drop off and not supervise their own children. • 1 believe Spanish, English and Sign Language(ASL)classes would be beneficial to the community as well. + 1 have lived in Yorkville for only a few months and would find it extremely helpful to have a map showing the location of city parks and recreation areas. If a map was offered to new residents the parks would get more immediate usage by new residents. + 1 think we really need to add things to our community that will keep our youth out of trouble. • I would like classes in oil and watercolor painting. Quilt making and other crafts that are in style now.Thanks for doing this survey. would like to see programs offered in the afternoon for AM Kindergarten students. Interest in 55/60 and over softball leagues. It is important to have programs for children, but also if not more important to have programs for adults, especially senior citizens who are the core of a community suburbs like Brookfield and North Riverside have great senior programs. + It seems today that youngsters don't know how to cook or clean. I know it is because both parents are working. I am sure you can offer something to help. Also, I'm sure you could get volunteers to assist—perhaps a car maintenance program. • It would be great to offer A.U.exercise classes with babysitting like Oswego does. • It would be great to see more classes for young kids offered.Classes similar to Oswego park district.An outdoor pool for the community is needed,not just a water park that will be used by non-residents. A location for kids to do gymnastics/tumbling. etc, would be great.The Riverfront Park needs to be,nore kid friendly. It's very difficult for the kids to bet on the equipment. One similar to Beecher Park would be great. The park district needs gathering.areas. • It would be nice to offer classes for senior citizens on special interests/crafts. • Moved here from a great suburban P.D.program. This town's programs are horrible for adult programs--tae-bo, step aerobics,tennis courts—where are they? Weight rooms.dog parks! Get your act together ASAP-population boom herds services! • Please offer city bus services for Yorkville through anywhere or at least closest area! Yothefle Parks end Recreation[kpartmeni 44 Public opinion Labwalon 2007 Mail Survey Northern Illinois University VkU--,2 4 erc guQ-►l��f • The cost of the programs is too high and too crowded. The price needs to be more affordable and have more programs. • The movie in the park is a great idea and a lot of fun; communication could be slightly improved when there is a charge or cancellation of an event! • The park office employees are excellent and so friendly.The travel leagues for basketball should be more competitive like other park districts(Plainfield). Also, soccer traveling,would be great if it ran smoothly for the money one pays for it. They should mimic Panther soccer club in Oswego. • The parks seem to be kept clean and in good condition.The new baseball fields are looking good but could use better umpires and the cost is very expensive for men's league softball once a week. Would really like to see the Riverwalk continue! Also,a well run teen center for kids (teenagers)to hang out and stay out of trouble.The Riverwalk would be our main focus. Naperville's is very successful and kept up and secure. • The toddler t-bal I was very expensive for the training and type of program provided. We were very disappointed in this program. However,almost all other programs we have been involved with seemed reasonably priced and we have been happy with the programs overall. • To close the Riverfrom Park on Hydraulic at 11:OOpm for fisliermen is hullmit is saying that people should only be able to use our natural resources on the government's schedule. • Use of free ideas from seniors in community---who would give free time start being smart! • We absolutely do not (detest)the annual "hometown" days in our backyard. Move that venue to the Kendall County fairground or elsewhere. • We hope the residences of Yorkville will never, ever have to undergo the fire works noise and percussion that we heard and had at the Yorkville festivals days, PNA Camp noise was nil to this thoughtless night of explosions. • We love Ms. ******is art classes.The new location should have a community mural done on it, l hope there are plans to cheer up the building.Also Bolingbrook puts out an amazing brochure;however, I know they are much larger. + We need a youth golf league. • Wish there were more classes at night. • Your older soccer program was not very good.No option for a child who wanted to play but not travel and have to go to Oswego travel. • Your program for fall is very disappointing regarding activities for seniors. Pleased with Parks and Recreation Department I have only lived here 1 112 months but am in love with this town and see how progressive the administration is in providing more and better facilities and programs for its residents. Keep it up! • 1 like neighborhood parks for my grandkids. • 1 like the themed playgrounds. • 1 only answered for my household needs. l believe the city and parks are very well maintained, Yorkville Pairs and Recreation Department 47 Public Opiniorr l.abomtory 2007 Mail Survey Northern Illinois university �jA-:z,,--F- PARK 10: RIVER-FRONT PARK a RiverFront Park is a 5 acre park located at the Fox River on East Hydraulic Street which hosts many large events in the pavilion. Residents can access the Fox River for fishing in a beautifully landscaped setting. Yorkville's newly renovated dam can be seen from this park,which will be the host to a kayak/canoe bypass once completed in 2009. Other amenities include a playground,picnic areas, and an asphalt path. LOCATJON: a Subarea 8 a SE Quadrant a East Hydraulic Street EXISTING FEATURES: W 11j�X ftx CN d-a Age 5-12 playstructure Asphalt path —t761,j ►UL 4YIq tx (-eM0�` ■ Swings a Shelter/Pavilion 13 a Recreational buildings(2) a Picnic table(s) a Natural areas a Ornamental light fffnCN(n — a Fishing a Park sign a Canoe portage FUTURE ENHANCEMENTS: a Master plan park Section 4 4-21 HISTORY OF PARK NAME: Bicentennial Riverfront Park was built in 1976 through community volunteers.The United City of Yorkville received the `Governors Hometown Award' for volunteer efforts from the construction of this park. Section 4 4_22 `,QED CIP Reviewed By: Agenda Item Number ` 0-0 Legal ❑ Y Finance ❑ EST, � l�183fi ' Engineer ❑ to City Administrator Tracking Number Consultant ❑❑ [4.E �V Agenda Item Summary Memo Title: Bristol Bay A Shade Structure Change Order Meeting and Date: Park Board 6-10-10 Synopsis: January 2010 price increase from Reil on shade structure for Bristol Bay A Park Council Action Previously Taken: Date of Action: 1-26-10 Action Taken: Approved shade structure in not to exceed amount of$8,309.00. Item Number: Type of Vote Required: Council Action Requested: Submitted by: Scott Sleezer Parks Department Name Department Agenda Item Notes: Memorandum o ' To: Park Board lk From: Scott Sleezer PARE CaftocpMnaN CC: Bart Olson, Laura Schraw Date: 6-2-10 Subject: Bristol Bay Shade Structure Due to a price increase January 1, 2010 the cost of the shade structure has increased to $9,140.00. This item was approved by the City Council at the January 26, 2010 meeting in an amount not to exceed $8,309.00. The$831.00 increase needs to be approved so we can order the structure. I have asked the manufacture if they could hold to the original price quote and they sorry we can not. This increase is within budget and would not make us exceed the overall budget for the park. It will take four to six weeks to manufacture the shade structure so we are unsure if it will arrive before the playground build. The manufacture said they try to expedite the order. The Minutes or the Regular Meeting erthe City Council-ianuary 26.2010–ouee6 She slated that while ad hoc cwmmitloes do not need the approval of the City Council,she brought this item forward. She stated that the City Council members will be Aldermen Spears and Plocher. Other appointees are Billy McCue(residential builder),Jeremy Caravan(fire district representative),Lynn Dubajic(YEDC representative),Mike Skinner(ZBA representative),Don Duffy(Chamber of Commerce represcnbWve),Cheryl Lee(architect),Richard Scheffiahn(Green Committee representative)and Stan Free(banker/financial representative). She entertained a motion to approve the appointees to the Building Code Update Committee. So moved by Alderman Sutcliff:seconded by Alderman Spears. Alderman Gilson noted that he and Aldermen Golinski and Werderich have asked in the past that information on appointees be included in the City Council packets so that there would be transparency for those reading it online. Mayor Burd stated that she was being very transparent and that she was not asked to put information in the packets. She reminded Alderman Gilson that the City Council doesn't even need to vote on this. She also noted that the Green Committee just met the night before and brought forth their representative so she just completed the list earlier in the day. Alderman Spears commented that Cheryl Lee was extremely qualified and knowledgeable and a good addition to the committee. Alderman Golinski asked who was overseeing the committee's meetings. Mayor Burd stated that currently eleven applicants are being interviewed for Director Miller's vacated position and that when it is filled,the new director will oversee it. Until then,City Administrator Olson would stand in. Alderman Golinski asked if them was a timeline to updating the codes and Administrator Olson indicated that it could take up to six months after the committee begins meeting. Mayor Burd suggested that the timeline be discussed by the Economic Development Committee for input. Motion approved by a roll call vote. Aycs-7 Nays-0 Abtain-1 Gilson-aye,Sutcliff-ayt,Mwms-aye,Spews-aye, Plocher-abstain,Werderich-aye,Golinski-aye,Teeling-aye Appointments to Ad hoc Committee on Senior Issues (CC 2010-04) Mayor Burd reported that she was appointing Eklon Madden,former mayor of Yorkville and Rita Murphy,participant in Beecher Cater programs(Salvation Army)to die Ad hoc Committee on Senior Issues. She entertained a motion to approve the appointment of the nominees to the Ad hoc Committee on Senior Issues. So moved by Alderman Sutcliff,-seconded by Aldetmaa Golinski. Motion approved by a roll call vote. Ayes-8 Nays-0 Sutcliff�aye,Munns-aye,Spears-aye,Plocher aye, Werderich-aye,Golinski-aye,Teeltng-aye,Gilson-aye Green Committee Update (CC 201 0-09) Jackie Dearborn gave a Green Committee update: • Since April 2009,22,119 pounds of electronic equipment has been collected through the recycling program. Half of it was collected at the Share and Care Everrt in October 2009. The Environmental Protection Agency(EPA)has a new act allowing televisions and computer monitors to be recycled for free. 'Mcre has been an increase of televisions being recycled. The Second Annual Go Gran Fair will be held March 6,2010 at the Rec Center at 11:00 a.m. The committee is looking for achibitoM presenters and volunteers. The event is fine and family friendly. More information can be found on the city's website. Alderman Werderich asked what type of exhibits would be at the fair and Mrs.Dearborn explained that there would be exhibits for rain barrels,energy efficient products,etc. She added that booths are$35.00 and that recently Sandwich held a similar event and charged$350.00Ibooth, Bristol Bay Park A RFP Award (CC 2010-10) Mavor Burd entertained a motion award contracts to NuToys for the age 5-12 playground equipment and swings in an amount not to exceed 554,119.00,to Parkmation,Inc.for the age 2-5 play structure in an amount not to exceed S 10,755.69 and to Team REIL for the shade structure in an amount not to exceed $8,309.00. So moved by Alderman Golinski-,seconded by Alderman Werderich. Alderman Gilson stated that he supports the Park&Recreation Department however he questioned the ordering of equipment at this time with other city expenditures pending due to lack of funding. City i+L i aor saa•sMra. svcnar� 17421 Marengo Rd. EQUIPMENT QUOTATION Union, IL 60180 815-923-2099 ph 815-923-2204 N Date: 5/26/10-REVISED Quote: 09-9588-SHADE ONLY Bill To: City of Yorkville Ship To: City of Yorkville 800 Game Farm Rd. 800 Game Farm Rd. Yorkville,IL 60560 Yorkville,IL 60560 Contact: Laura Schraw Contact: Laura Schraw Phone: 630.553-8574 Phone: 630-553-8574 Fax: (00- 3- 3`l Flo Fax: MANUFACTURER: TERMS: Terms are SD%down payment at order placement and 50%payment upon delivery. Government agencies are Net 30 days. Contractors are required to provide a copy of the payment bond for job prior to order for all government jobs. Item# Description Qty Price SHADE STRUCTURE SUPERIOR 20'X 8 SOLAR SHADE STRUCTURE OCTAGON;8 EMBEDDED COLUMNS, POWDER COATING COLUMNS&HOOPS;GLIDE ELBOW 1 1550 Total Equipment Delivered: $9,140 dol o'vo : 0-h'r-r'0co i re lohad& yo i r-0�,FA- �-4 re-d) + u) h 1 Thank you for the opportunity to provide this quote! Approved by: Date: This bid is valid 30 days and cannot be extended without expressed written confirmation from TeamRELE,Inc. Above Sates=, if applicable is not included. There will be a]%charge to change any colors after the order has been laced_.No retentions allowed-bid This proposal contains CONFIDENTIAL INFORMATION intended only for the use of the addressee(s)named above. You are hereby notified that any dissemineton or copying of this proposal is prohibited. Team REEL,Inc. `,,�,D C/rr Reviewed By: Agenda Item Number 2 O J '% Legal ❑ i k c,Y"vle y # Finance ❑ EST. 1836 Engineer ❑ 0 jlt� �y City Administrator Tracking Number Consultant ❑❑ LE City Council Agenda Item Summary Memo Title: River Oaks Property Development, LLC City Council/Committee Agenda Meeting Date: City Council/ May 25, 2010 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: 05-25-2010 Action Taken: Discussion and Direction Item Number: PC 2004-32 Type of Vote Required: Majority Council Action Requested:Approval Submitted by: Krysti J. Barksdale-Noble, AICP Community Development Name Department Agenda Item Notes: See attached memo, background documents and ordinance. col Memorandum Est: 1 � yeas To: City Council -�� From: Krysti J. Barksdale-Noble, Community Development Director 0 I �l n :� CC: Bart Olson, City Administrator Paul Zabel, Building Code Official Date: June 8, 2010 Subject: River Oaks Property Development, LLC As the City Council will recall, at the May 25'h meeting this matter was discussed with regards to re-affirming ordinance approving a Development Agreement for a property in Downtown Yorkville that was inadvertently not executed with the signature by the developer or recorded with the Kendall County Recorder of Deeds. Since that meeting, Staff has located the Plan Commission and City Council meeting minutes during the time the development was under consideration (see attached). According to those meeting minutes, the property was properly rezoned from R-1 One Family Residence District to B-2 General Business District and allowed for the property to be developed as office with specialty real estate and potential loft apartments. However, a separate ordinance memorializing the rezoning was not prepared and the Development Agreement was not fully executed. Therefore, staff is recommending that the Development Agreement be reinstated in full force as of the date of the June 8th City Council meeting and the attached ordinance authorizing the rezoning be approved. The Petitioner will be available at Tuesday night's meeting to answer any questions the City Council members may have regarding this matter. 'Z Memorandum EST , 1836 To: City Council From: Krysti J. Barksdale-Noble, Community Development Director n CC: Bart Olson, City Administrator �mPg O V.WyC" �2 Date: May 21, 2010 <'LE w Subject: River Oaks Property Development, LLC The Developer, River Oaks Property Development, LLC is seeking re-affirmation from the City Council of an ordinance approving a Development Agreement for a property in Downtown Yorkville that was inadvertently not executed with the signature by the developer or recorded with the Kendall County Recorder of Deeds. Background In February 2005, River Oaks Property Development, LLC received City Council approval for a Development Agreement which allowed for the rezoning and future redevelopment of an approximately 3.473 acre parcel in the City's Downtown (Ord. 2005-16). The property, which is generally located on the south side of Van Emmon Road and across the street from the baseball field (see attached map), was permitted to rezone from R-1 One Family Residence District to B-2 General Business District and allowed for the property to be developed as office with specialty real estate and potential loft apartments. A copy of the ordinance authorizing the Development Agreement, the Development Agreement and all referenced exhibits are attached for your review. The Development Agreement stipulated special provisions with regards to the redevelopment of the property such specific zoning restrictions, building height maximum and the requirement for the developer to obtain a cross access agreement over the driveway to an adjoining property to ensure there will be a single point of access from Van Emmon Road. A five (5) year lock of all City ordinances, regulations and codes was also approved effective on the date of execution of the Development Agreement. Although the Development Agreement is not dated, the ordinance approval is dated February 22, 2005, therefore rendering the ordinance and fee locks expired as of February 2010. Upon approval of the ordinance authorizing the Development Agreement by the City Council, the Developer inadvertently did not sign the document to fully execute the agreement. Since that time, the property has remained undeveloped and identified on the City's zoning map as R-1 One Family Residence District. Staff Analysis & Comments After consulting with the City Attorney, it was confirnied that since the Development Agreement was not executed, it is considered null. Staff has reviewed the proposed development and rezoning with the applicable technical land use documents such as the Downtown Yorkville Tax Increment Financing (TIF) Redevelopment Project and Plan (2006) and City's Comprehensive Plan (2008). The TIF Redevelopment Plan designates the area which includes the property as a "Mixed Use District" for residential. commercial, public, institutional, open space and recreational uses which is consistent with the uses permitted for the property in the Development Agreement. Therefore, staff finds the Development Agreement generally consistent with the goals expressed in the TIF redevelopment Plan. The Comprehensive Plan identifies the property as Suburban Neighborhood, a land use with a typical gross density of 1.50 and 2.25 dwelling units per acre. However, the Comprehensive Plan does acknowledge that certain proposals maybe deemed more beneficial to the City with a land use contrary to its designation within the Plan and therefore, should be reconsidered. Staff is seeking direction from the City Council regarding this matter since the original approval of the Development Agreement predates the Comprehensive Plan (and the existence of this Development Agreement might have not been know at the time of approval), and the developer had a vested interest in the property based upon the approved Development Agreement. The Council may consider re-affirming the Development Agreement as is or require the Developer to restart the review and approval process as a new entitlement request. t a rr g EPark-S ri"ye ! Is Somona spmonauk�"s t E m �--• �..� nbor a E a E-sprin' m + a ! E c � E-- ntelSt � Yi z alts St m ti ("Behrens-St- C [n ly °o r r Uihse lYlaln-S 1 WRly rs 1 t5 1P I { ,gping°Y Dr m drarrlls U Fne sRailway-1� ± 1 a �mmort-s = Van-Emmons { Van-Emmon�d I geSt-fit E•Riage St— a` m o0 o>r8t� m Fax-St trot„ 1 River Oaks tp E-Wa Wrigto t—� _C m 1 Oranges � I �'Nsik-Ct { OlsetrS t� Rodak t .-"."'1 1 Walter-St { F� I Illlnl-p �e 126 Berl � r�..�..1 �fi4 a�a f lanlal–Pkwy�ohode '♦� The Dale is provided without warranty or any representation of m j '♦� 1 accuracy,timeliness,arcompseleness.It is the responsibithy of the CSL� m '♦� "Requaster"to determine accuracy,timeliness,completeness,and {yj it 1 '♦, l appropriateness oflls use,The United City of Yorkville makes no eaYe t�'t '♦ warrantees,expressers or implied,to the use of the Data. 1 '♦,� •�.� Map produced by United City of Yorkville GIS River Oaks 0 500 9,400 2,000 N E W � Location Map Feet STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO.2005-AkV_ AN ORDINANCE AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT FOR RIVER OAKS PROPERTY DEVELOPMENT,LLC WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE,Kendall County, Illinois,that a certain Development Agreement (Attached hereto and made a part hereof as"Exhibit"A") pertaining to the approval of a zoning change and development of real estate described in the Development Agreement be entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Development Agreement has been drafted and has been considered by the City Council; and WHEREAS,the legal owners of record of the territory which is the subject of said Development Agreement are ready, willing and able to enter into said Development Agreement and to perform the obligations as required hereunder;and WHEREAS,the procedures for the execution of said Development Agreement have been fully complied with;and Page I of 3 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE,KENDALL COUNTY, ILLINOIS,AS FOLLOWS; Section : The Mayor and the City Clerk are herewith authorized and directed to execute,on behalf of the City, a Development Agreement concerning the rezoning of the real estate described therein, a copy of which Development Agreement is attached hereto and made a part hereof as Exhibit"A" Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO VALERIE BURD _ PAUL JAMES LARRY KOT � MARTY MUNNS ROSE SPEARS RICHARD STICKA Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this -e-;�T Day o ��.,. , A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ;'-:-A�—day of A.D. 2005. ATTEST: CITY CLERK Page 2 of 3 Prepared by: Johns Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 Page 3 of 3 STATE OF ILLINOIS ) ) SS. COUNTY OF KENDALL ) DEVELOPMENT AGREEMENT FOR RIVER OAKS PROPERTYDEVELOPMENT,LLC Prepared by&Return to: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 630.553.4350 DEVELOPMENT AGREEMENT This Development Agreement,hereinafter referred as to"AgreementW', is made and entered into this day of ,2005,by and between,RIVER OAKS PROPERTYDEVELOPIKENT,LLC,hereinafter referred to as "OWNER/DEVELOPER", and the United City of Yorkville,Illinois,a Municipal Corporation,hereinafter referred to as`"CITY". The OWNER/DEVELOPER and the CITY may hereinafter be referred to as the Parties. WITNESSETH WHEREAS, the OWNER/DEVELOPER is an Illinois Limited Liability Corporation and the Owner of certain real property,hereinafter referred to as"Property", located in the CITY and legally described as set forth in Exhibit"A" attached hereto and incorporated by references as if more fully set forth;and WHEREAS,the Properly is generally located near and adjacent to 344 Van Emmon Road across the street from the baseball field and is currently unimproved and heavily wooded property. The Property is currently zoned R-1 One Family Residence District and consists of approximately 3.473 acres;and WHEREAS,the OWNER/DEVELOPER seeks rezoning to B-2 General Business District; and WHEREAS,the CITY has determined that the terms and conditions set forth herein will serve a public use and will promote the beakh, safety,prosperity, security, and general welfare of the inhabitants and taxpayers of the CITY; and WHEREAS,the OWNERMEVELOPER has informed the CITY that it intends develop the property as Office and Specialty Retail uses as generally permitted by the City's B-2 zoning,but as modified and restricted per this agreement;and WHEREAS,the OWNER/DEVELOPER,its vendors,grantees, assigns, successors,trustees, and all others holding any interest now or in the future, agree and enter into this contract,which shall operate as a covenant running with the land and be binding upon any developer and its representatives, and future owners of the land; NOW, THEREFORE,the CITY and the OWNERMEVELOPER, in consideration of the mutual covenants and agreements contained herein, do mutually agree as follows: ARTICLE I GENERAL COMPLIANCE WITH ORDINANCES OWNER/DEVELOPER hereby agrees to comply with all CITY ordinances, and this Agreement shall alter said ordinances only as specifically set forth herein. Where the ordinances of the CITY conflict with the provisions herein,this Agreement shall control. ARTICLE II PROPERTY DEVELOPMENT The Development of the Property shall be generally pursuant to the Conceptual Plans attached hereto and incorporated herein as Exhibit"B". That the development of the subject real property described in the attached Exhibit "A"shall be subject to approval of all Ordinances of the CITY; Site Plan approval, engineering consultant approval by CITY staff or outside review engineering as elected by the CITY and Site Plan approval by the City Council in conformance with the United City of Yorkville Zoning Ordinance Subdivision Control Ordinance, City Reimbursement of Consultants and of Review Fees Ordinances, Municipal Building Fee, Weather Warning Siren Fee, City Land-Cash Ordinance, and City Development Fee Ordinance,payable at the time of Site Plan approval,which have been voluntarily contracted to between the parties and agreed to by OWNER/DEVELOPER OWNER/DEVELOPER agree that the Final Site Plan shall comply with all requirements as set out in the United City of Yorkville Zoning Ordinance and Subdivision Control Ordinance at the time of execution of this Agreement,unless provided for differently in this Agreement. No change in the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, City Reimbursement of Consultants and of Review Fees Ordinance, and City Development Fee,which have been enacted subsequent to the execution of this Agreement shall alter the lot sizes, setbacks, performance standards, or other standards or requirements for this Development except as provided for in those Ordinances in effect at the time of execution of this Agreement. OWNER/DEVELOPER,however,will be bound by changes in building codes,building material changes and the like that may be enacted by the CITY, so long as the same ate applied in a nondiscriminatory manner throughout the CITY. The City agrees that should the United City of Yorkville revise,alter or otherwise modify the parking requirements contained in its Zoning Ordinance to provide for a reduction from the standard as of the date of this Agreement,the City will allow the OWNER/DEVELOPER to comply with reduced standard. Utilities and Public Improvements. That On-Site infrastructure construction and engineering shall be governed by the standards contained in the Yorkville Subdivision Control Ordinance and other applicable Ordinances unless specifically addressed in the following, in which case this Agreement shall control. Roadway right-0f--ways,widths of streets, and roadway construction standards shall comply with the requirements as set out on the approved Site Plan. All ordinances, regulations,and codes of the CITY, including,without limitation those pertaining to subdivision controls, zoning,storm water management and drainage, building requirements, official plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the Subject Property and its development for a period of five(5)years from the date of this Agreement except to the extent this would affect the United City of Yorkville ISO Insurance Policy in which case said changes would be applicable to OWNER/DEVELOPER 90 days after passage by the City Council, so long as said changes are applied uniformly throughout the City.Any Agreements,repeal, or additional regulations which are subsequently enacted by the CITY shall not be applied to the development of the Subject Property except upon the written consent of DEVELOPER during said five(5)year period. After said five(5)year period,the Subject Property and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five(5)year period,provided,however,that the application of any such ordinance,regulation or code shall not result in a reduction in the number of residential building lots herein approved for the Subject Property, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the Subject Property being classified as non-conforming udder any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the Subject Property pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the Subject Property and be complied with by OWNER/DEVELOPER,provided, however,that any so called"grandfather"provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the Subject Property shall be given.full force and effect. ARTICLE III SPECIAL PROVISIONS ZONING: Since the OWNER/DEVELOPER intends to develop the property as office with specialty real estate and potential loft apartments,all B-1 zoning shall apply, and the following B-2 zoning uses shall apply(but no other B-2 Uses shall be allowed): "All permitted uses in the and B-I Districts,Art Gallery—art studio sales,Art supply store,Picture frame store,Watch and clock sales and repair,Weaving and mending— custom, interior decorating studio." No B-2 Special Use shall be allowed,except to the extent that"Apartments, single- family, located in business buildings"are allowed under the B-1 General Business District, ACCESS AGREEMENT OVER DRIVEWAY TO ADJOINING PROPERTY: OWNER/DEVELOPER shall obtain an agreement for cross access and ingress and egress on,over and across the existing driveway separating the two lots comprising the property. Said agreement shall be approved by City Zoning and Engineering staff and shall then be recorded as a permanent right of use on the property. ACCESS FROM VAN EMMON ROAD The Project consisting of two platted lots shall share a common entrance from Van Emmon Road, and shall be limited to this single point of access from Van Emmon Road. BUILDING HEIGHT OWNERIDEVELOPER agrees that no building on the property shall exceed 35' (thirty five feet)in height as measured by current building codes. Said measurement shall not include the walk out basement. ARTICLE IV EFFECTIVE DATE The effective date of this Agreement shall be the date this Agreement approved and executed by the OWNER/DEVELOPER and CITY. ARTICLE V MISCELLANEOUS PROVISIONS A. This Agreement shall be binding upon and inure to the benefit of the parties hereto,their successors in interest, assignees,lessees,and upon any successor municipal authorities of the CITY and successor municipalities and shall be enfomeable according to its terms and conditions under the laws of the State of Illinois. Except as otherwise expressly provided herein,upon the comreyance or assignment by OWNER/DEVELOPER to new Owner or Developer of its interest in the Property to any successor, assign,or nominee, Owner or Developer, as the case may be, shall be released from any and all further liability or responsibility under this Ordinance or Agreement except to the extent previously undertaken by OWNER/DEVELOPER, or for which OWNER/DEVELOPER has posted security to perform an obligation in which case OWNER/DEVELOPER shall be bound to continue to complete its performance unless a repIxement bond or letter of credit is posted by the new Owner or Developer, and accepted by the CITY which shall not be unreasonably withheld. In such event the original OWNER/DEVELOPER shall be released from the underlying obligation to perform. The CITY shall thereafter look only to the successor, assign, or nominee of OWNER/DEVELOPER concerning the performance of such duties and obligations of OWNER and such DEVELOPER hereby undertaken. B. The various parts, sections, and clauses of this Agreement are hereby declared to be severable. If any part,sentence,paragraph, section, or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction,the remainder of the Agreement shall not be affected thereby. C. All notices provided for herein shall be in writing and shall be deemed effective when personally delivered or three days after such notices have been mailed be certified or registered mail,postage-prepaid,return receipt requested,to the Parties at the addresses given below or at such other address as may be specified by written notice. If to OWNERMEVELOPER: River Oaks Property Development,LLC Attn: Melissa A.Maye and Cheryl A. Lee 602 Center Parkway, Suite C Yorkville,IL 60560 630-553-3637 United City of Yorkville United City of Yorkville Sohn Justin Wyeth, City Attorney Attn: Tony Graff, 800 Game Farm Road City Administrator Yorkville,IL 60560 800 Game Farm Road Yorkville,IL 60560 IT WITNESS WHEREOF,the Parties have executed this Agreement as of the day and year first above written. United City of �orkv-ille-, Illinois By: Arthur Prochaska, Jr,, Mayor ATTEST: D- s�G:M-" lerk DEVELOPER: RIVER OAKS PROPERTY DEVELOPMENT,LLC By: Attest: EMMBIT LIST Exhibit "A" - Legal Description Exhibit"B" - Concept Plan to% EXH B IT A Parcel One: Thatpart of the Southwest Quarter of Section 33,Township 37 North,Range 7 East ofthe Third Principal Meridian described as follows: Conmiencing at the Northwest corner of the Northasst Quarter of Section 4,Townsbip 36 North,Range 7 Eastofdia ThirdPri ncipai Meridian,said point being on the southerly line ofsaid Seetion33;thence South 89'46'03"Fast along the scudurly line of said Section 33,a distance of 374.81 feet;thence North 010 11' Sr East,parallel with the East line of the Southwest Quarter of said Section 33,a distance of 794.66 feet;thence South 88'23'34"West 329.70 feet to the Fast line of said Southwest Quarter;thence North 01° 11'52"East along the East line of said Southwest Quarter 1509.25 feet;theaee North 82°54' 15"West 291.36 Peer;thence North 070 05'45"East 326,96 feet to a point on the center line of Van Ernanon Road; thence North 82'S4' 15'West along said center line of Van Ernmon Road, 66.0 feet to a Northwest comer of a tract of land conveyed to Bruce O.and Virg a 1.Buhmustw by a Quit Claim Deed recorded December 23, 1983 as Document Number 83-5890 for a point ofbegitming;thence South 07'05'45"West 308.0 feet;thence North 82°54'15'West 25712 feet to the East line of the former Fox and Illinois Union Railway right of way;thence North 08' 10'53"East along said East line 17.32 feet;thence northerly along said Fast line,being along a tangential crave to the left having aradius of 624.08 feet,an arc diet mee of 300.91 feat to said center at of Van Emmon Road;thence South a2°S4' 154 East along said crater line 322.54 feet to the point of beginning in the United City of Yorkville,Kendall County,Blinois and containing 1.953 aches. Parcel Two: Thatpan ofthe Southwest Quarter of Section 33,Township 37 North R mgt 7 East of the Third Prindipal Meridian described as follows:Commencing at the Northwest comer of the Northeast Quarter of Section 4,Township 36 North,Range 7 East of the Third Principal Meridian, said point being on the southerly Brie of said Section 33; thence South 89"46'03"Fast along the southerly he of said Section 33,a distance of 37411 feet;thence North 01' 11'52'East parallel with the East line of the Southwest Quarter of said Section 33,a distance of 794.66 fear Thence South 889 28'34"W err 329.70 feet to the East lint ofsaid Southwest Quarter,d=cNorth 0l'l 1'52"East along the East line of said Southwest Quarter 1509.25'feet w a Northeast eotner of a tmot oonveyed to$rune 0. and Virginia r.Buhnrmaster by a Quit Claim Deed recorded December 23,1983 as Document Nuniber 83-5890 for a point of beginning;thence North 82'541151 West 291.36 feet;thence North 07°05'45"Fast 326.86 feet to a point ou&a mw line of Van Emmon X oad;thence South 82°54'15"East along said seater line of Van Ennnon Road 161.94 feet;fl=ee South 10°127 25"West 202.20 feet;thence South 760 52'34"East 130.50 feetto said East line;thence South 01' 1 P52"West along said East line 111.89 feet to the point ofbeginning in the inured City of Yorkville,Kendall County,Mincis and containing 1.520 Bares. SUBJECT TO: INSTALLMENT REAL ESTATE TAXES NOT YET DUE OR PAYABLE, COVENANTS,CONDITIONS,RESTRICTIONS AND EASEMENTS OF RECORD. Rev.WO ` op`�noun . .L UNITED CITY of YORKVILLE ! County Seat of Kendall County C r - 600 Game Farm Rd. Yorkville,IL 60560 E 630-553-4350 e �- APPLICATION REZONING REQUEST (SPECIAL USE REQUESTS USE'URS FORM) I. NAME OF PETITIONER(S): River Oaks Property Development, LaL,C. , Melissa k- Mayg_ Cheryl A- EPP 2. NAME OF HOLDER OF LEGAL TITLE, IF DIFFERENT FROM # 1: ;. IF LEGAL TITLE IS HELD IN A LAND TRUST, LIST THE NAMES OF ALL HOLDERS OF ANY BENEFICIAL INTEREST THEREIN: 4. a.) STREET ADDRESS & PHYSICAL LOCATION OF SUBJECT PROPERTY: 2 Lots adjacent to 344 Van Bmmon Road, East `�-across th_e street rom the b.) PROPOSED NAME OF SUBDIVISION: N/A c.) LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE ANNEXED &/OR REZONED: (If more space is needed,attach ns Exhibit" See Exhi1- d.) KENDALL COUI )Jy i OF PROPERTY SOUGHT TO BE REZONED: 5 fb—V 14 05-39-376-015 S. NAMES & ADDRESSES OF ANY ADJOINING OR CONTIGUOUS LANDOWNERS ENTITLED TO NOTICE OF P eIT 0 11�1Ni 7E r NY APPLICABLE CITY ORDINANCE: (If additional space is needed,attach a seporale list as Exhibit"6") Page 2-Application for Rezoning 6, PRESENT ZONING CLASSIFICATION OF SUBJECT PROPERTY: R-1 ZONING CLASSIFICATION SOUGHT ON SUBJECT PROPERTY: 7. IF REQUEST IS FOR SPECIAL USE ZONING, LIST THE ACTUAL SPECIAL USE: 8. NAME, ADDRESS, AND PHONE NUMBER OF PERSON TO WHOM INQUIRIES REGARDING THIS PETITION MAY BE DIRECTED: Melissa A. Mayes 602 Center Pkwy* #Co Yorkville, Jj.L 630/553--3637 (Ph. ) .. 6301 553--93r, 9. SUBMIT APPLICATION WITH A FILING FEE IN THE AMOUNT OF $ 200.00 (See attached Ordinance 41 M-16,and verify amount with Deputy Clerk.) 10. SUBMIT 35 COPIES EACH OF THE APPLICATION,PROPOSED DRAWINGS, LOCATION MAP, SITE PLAN,AND ANY OTHER PERTINENT MATERIALS TO THE CITY CLERK. (Large items must be folded to fit in a 10,x 13"envelope.) IN WITNESS WHEREOF THE FOLLOWING PETITIONER(S) HAVE SUBMITTED THIS APPLICATION UNDER OATH,AND VERIFY THAT TO THE BEST OF THEIR KNOWLEDGE ITS CONTENTS ARE TRUE AND CORRECT: IPE , 0 mct egal property owners signature must appear on this application. SUBSCRIBED AND SWORN BEFORE ME THIS 1 O DAY OFa� a ,zo _ "OFFICIAL SEAL" n I arrai7 A Staie SLI Notary PubhL Stets of IIG aoia My COMMIUAa,hxptret la 2W NOTARY STAMP THIS APPLICATION MUST BE NOTARIZE ,i 4 4 may. V RIFT{ CAM PROPERTY DPI WWN7, 1 L,C. 602 Center Parkway, Suite C Yorkville, IL 60560 (630) 553-3637 (630) 553-3635 - facsimile BUSINESS PLAN Van Lmmon Properties November l 6,2004 River Oaks Property Development, L.L.C. is a locally owned and managed property development company with significant ties to the Yorkville Community. The member- managers of the company reside and work in the area, With over thirty years combined experience in the areas of real estate, law, building and development transactions, River Oaks Property Development seeks the highest, best use of the properties it develops. River Oaks is firmly committed to maintaining integrity of its properties by preserving as much of the natural contours, landscaping and history of the land as possible. Our goal is to create buildings and improvements that seamlessly weave into the existing landscape. River Oaks Property Development owns two tracts of land on Van Emmon Road, directly across from the Little League baseball park. These tracts consist of a sloping, heavily wooded lot containing 1.953 acres, and the adjoining 1.520 acre lot, also heavily wooded, and containing a stream that empties into the Fox River. We believe this site to be ideal for developing a professional office center for the following reasons. 1. These lots are in a znulti-use area, including manufacturing, residential, commercial and municipal entities. 2. Yorkville is lacking in professional office space and we intend to create a building specifically crafted to appeal to professional tenants, such as health care professionals, accountants,insurance agents, attorneys and architects. 3. The development of professional Office space is not necessarily as dependant upon foot traffic or visual impact for its tenants and therefore development of this property off the main junctures of Routes 47 and 34 would not impede the leaseability of the property. 4. Van Emrnon Road will probably experience a significant increase in its traffic pattern within the next five years, and the site would be accessible without interfering with the traffic patterns. 5. It should not be difficult to run Yorkville city water and sewer to the site, thereby improving its appeal to potential and actual tenants. 6. A professional office park could be integrated into the existing landscape easily, preserving the slope and the forestry on the site, thereby making the site exceptionally appealing to the occupants,the neighbors and people traversing Van Emmon Road. 7. The two lots have sufficient areas available for parking to accommodate the anticipated amount of traffic that would be needing ingress and egress to the premises. 8. The property is presently zoned residential, but could easily be re-zoned "0" because of the contiguity of commercial property next door and municipal property across the street. At this stage of development, it is unclear whether the office building projects will consist of one or two phases. River Oaks Property Development LLC loops forward to working with the city and the county to provide a much-needed professional office development to service the increased number of professionals who will inevitably relocate their offices to our community. The increased availability of professional office space will serve as a draw to those professionals who want to work and contribute to the same community where they live. It is our commitment to maintain the wooded aspect of the present location to the maximum extent possible, thereby creating an office environment unique to the area, which will be appealing to those for whom the quality of life aspects of their office environment is important. EXHIBIT A Parcel One. Thatpart of the Southwest Quarter of Section 33,Township 37 North,Range 7 East of the Thud Principal Meridian described as follows. Commencing at the Northwest corner of the Northeast Quarter of Section 4,Township 36 North,Range 7 Fasrof the Third Principal Meridian,said point being on the southerly line ofsaid Section33;thence South 89°46'03"East along tho aoudmly line of said Stction 33,a distance of 374.81 feet;thence North 01° 11' 52"Past,parallel with the East line of the Southwest Quarter of said Section 331 a distance of 794.66 fut;thence South 88°28'34"West 329.70 feet to the East line of said Southwest Quarter;thence Nortb 01° 11'52"Fast along the East line of said Southwest Quarter 1509.25 feet;Umce North 820 54' 15"West 291.36 feet;thence Nardi 07° 05'45" l=ast 326.86 feet to a point on the center line of Van En mon Road; thence North 82°54' 15"West along said center line of Van Ernmon Road,66.0 feet to a Northwest corner of a tract of land conveyed to Bruce 0.and Virginia 1. Buhnnaster by a Quit Claim Deed recorded December 23, 1983 as Document Number 83.5890 for a point ofbcgitming;thence South 07°05'45"West 308.0 feet;rhence North 82°54'15"West 257.22 feet to the Fast line of the former Fox and Illinois Union Railway right of way;thence North 08" 10'53"East along said East line 17.32 fact;thence northerly along saidEast lint,being along a taogential curve to the left hawing&radius of 624.08 feet,an arc distance of 300.91 feet to said center line of Van Emtnon Road;thence South 82°S4' 15" Fmt along said center line 322.54 feet to the point of beginning in the United City of Yorkville,Kendall County,Illinois and contidning 1.953 acres. Parcel Two; ThatpartoftheS outhwestQuarterofSection33,Township 37North Range7EastoftheThirdPrintipa lMeridian described as follows, Commencing at the Northwest comer of the Northeast Quarter of Section 4,Township 36 North,Raagc 7 East of the Third Principal Meridian, said point being on the southerly litre of said Section 33; thence South 89°46103"East&tong the southerly line of said Section 33,a distance of 374.81 feet;thence North 01° IF 52" East parallel with the Fast line of the Southwest Quarter of said Section 33,a distance of 794.66 feet; thence South 88°28'34"West 329.70 feat to the Fast lieu of said Southwest Quarter;thcgce North 01°11`52"East along the East line of said Southwest Quarter 1509.25'feet to a Northeast corner of a tract conveyed to Bruce O. and Vugimix,J.Buster by a Quit Claim Deed recorded December 23, 1983 as Document Number 83-58"for a point of beginning;thence North 92°54' 15"West 291.36 feet; thence North 07°05'45"East:326.66 feet to a point on the center line of Van Emmon Road;thence South 820 54'15"East along said center line of Van Eamon Road 161.94 feet;thence South 10127 25"West202.20 feet;thence South 76°52'34"East 13050 feet to said East line;0=tce South 01° 11'52"West along said East line 111.89 feet to the point of beginning in the United City of Yorkville,Kendall County,Illinoia and coataWng 1.520 a=s. SUBJECT TO: INSTALLMENT REAL ESTATE TAXES NOT YET DUE OR PAYABLE, COVENANTS, CONDITIONS,RESTRICTIONS AND EASEMENTS OF RECORD. Rcv.So EXHIBIT"B" SCott 8- Conlmoawealth Edison Keith and Bonnie Paul and Sandra Kiabc:* Cheryl Gardner Bruce and Virginia Buhrmsster David Li,ons Old Second Bank Trust No. 6369 Horton Family Padnershi Roger and 7o ;Olson Thomas But= astn�r ' . at 'r,� �' ..Y Y� e � i _ _ \� ! LEGEND `/ faro"r� Y°nEmmon � *,� elasmrEC arou+a E3IVAilpf ,r ��ti rS"E EDGE or PL4Fi1Dff ELEVATIONS ;� m, ` U13urY I= 7 Tr ML S 15254'15" E oIK DIEIOFAD EUCTF§C WES v oTas+ ~ PAM StWACE th Scale: 1" = 40 'r- (n .� LEGAL DESCRIPTIONS `JEW r PARCEL ONE C rROr PWTr CF IHL SOUTNweST L.IAIITER OC SECTION 31: TOraLSMF 37 NORrK RANCE v 0 I�Q� 7 LAST CF THE 11-m WW CFA MF+VAN UL5CRIBLO AS FOLLOr1S' CCUMENCING Al rh; '!t NORTHYt ST COAMER Or 7111 NONTHEASr WARIER OF SEC7Ip11 4,TOWNSIYP 36 NCRfN, ` AAMGE 7 EAST OF THE THRO PRIMCCPAL MERIDIAN,SAID POINT BUNG ON TIE SOUThERLY �► Z�4{l� z aWE CF SAID SFCTIOR S3; IAE14CL SOUTH B9 CLGRiES 9iL MINUTE9 3 SFCC+PS 1-T p``�'' v 0 .LUNL FhE SGU INERLY LN1E Dr SAiq 5CC710h 33,A 015 T.WClr 0i 77481 FEC 7, rhL+4CE -V >t Q ^ _ 'lJ f1Cr1N 1 PEGRFF 11 MlhurES 57 SECONDS EASE,PARALLEL MTH ME LAST LINE OF THE ___VVV 5LL NV*-ST QUARTER OF 5ATB SFCT404 33. 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A I �RSww G Cwrieft 2003 QL DL a=,w . .,'.: Page 1 of b APPROVED 5-11-05 UNITED CITY OF YORKVILLE PLAN COMMSSION YORKVILLE CITY HALL COUNCIL CHAMBERS WEDNESDAY,JANUARY 12, 2005 Chairman Tom Lindblom called the meeting to order at 7 p.m. RQLL CALL Members present: Charles Kraupner, Clarence Holdiman,Anne Lucietto,Bill Davis, Sandra Adams,Brian Schillinger,Jack Jones,Michael Crouch and Tom Lindblom. A quorum was established. VISITORS Mayor Art Prochaska;Alderman Richard Sticka; John Wyath, city attorney; City Planner Mike Schoppe;Lynn Dubajic,Yorkville Eoonomic Development Corporation; attorney John Philipchuck;Tim Winters; attorney Charles Kopecky;Rich Guerard;Kendall County Township highway commissioner Marty Schwartz;John McVickers; David Bauman; Sarah Fischer, and John Whitehouse,EE1. Also, see attached sign-in sheet. 1V IIyUTES Minutes from the September 15, 2004 Joint City Council and Plan Commission meeting were approved.Minutes from the November 10,2004 Plan Commission meeting were approved after a change was made to reflect that Anne Lucietto was in attendance at the meeting,but needed to leave early. PUBLIC HEARINGS The Plan Commissioners voted to hold the public hearing and discuss new business concerning item 2(PC 200431)on the agenda first. 2.PC 2004-31 McViekers Yorkville LLC petition for a PUD. See attached. NEW BUSINESS 2.PC 2004-31 McVickers Yorkville LLLC petition for a PUD. The petitioners are seeking a PUD plan with setback variations,which would eliminate the side yard setback between lots and. City Attorney John Wyath said the original annexation agreement clearly states that the responsibility goes with the land and is the obligation of future owners.Chairman Lindblom asked why the petitioners are choosing not to honor that part of the agreement. Page 2of6 John McVickers said they didn't choose not to honor the agreement. Rather,they aren't focusing on that particular paragraph of the document as closely as other have. He would like to see if there is a compromise, which would allow the developers to install a buffer that would please residents without using that 30 feet of land. Certain types of landscaping might provide a better buffer than 30 feet of grass,he said. Commissioner Michael Crouch said he's not sure the developers could offer a compromise. The surrounding landowners feel as if they've been compromised enough, he said. He said the developer needs to abide by the 30 feet setback stated in the agreement. McVickers said they dropped the intended special use request for a gas station because residents were opposed and they wanted to come forth with a good faith effort. Commissioner Anne Lucietto said the commission needs to listen to residents and the residents are very adamant about keeping the 30 feet in tact. Crouch made a motion to approve the request for a PUD as stated in PC 2009-31. Commissioner Bill Davis seconded the motion.The motion was unanimously rejected. Commissioners Charles Kraupner, Clarence Holdiman,Bill Davis, Sandra Adams,Brian Schillinger,Jack Jones, Michael Crouch and Tom Lindblom voted no. Anne Lucietto abstained. The commission then voted to return to the public hearing items on the agenda- PUBLIC HEARWGS 5.PC 2004-35 Yorkville Farms Development,LLC and Stewart Farms,LLC petition to annex and rezone. See attached. After closing the public hearing, the commission voted to discuss PC 2004-35 under new business. NEW BUSINESS 5.PC 2004-35 Commissioner Jack Jones said he likes the 12,000 square foot minimum lot sizes in the plan.Meanwhile,Commissioner Brian Schillinger requested that consideration be given, to the Bauman property as David Bauman requested during the public hearing. Jones made a motion to recommend annexation of PC 2004-35. Lucietto seconded the motion. The motion was unanimously approved in a roll call vote.Holdiman, Lucietto, Davis,Adams, Schillinger,Jones, Crouch,Kraupner and Lindblom vote yes. Page 3 of 6 Lucietto made a motion to recommend rezoning for PC 2004-35. Crouch seconded the motion. Schillinger then asked to make an amendment to the motion to include the requirement to adhere to design guidelines. Crouch seconded that motion.The amendment was unanimously approved in a roll call vote.Lucietto,Davis,Adams, Schillinger,Jones, Crouch,Kraupner,Holdiman and Lindblom voted yes. The recommendation for rezoning was unanimously approved in a roll call vote.Davis, Adams, Schillinger,Jones, Crouch,Kraupner,Holdiman, Lucietto and Lindblom voted yes. PUBLIC HEARINGS 1.PC 200406 Centex Homes petition to annex and rezone. See attached. 3.PC 2004-32 River Oaks Property Development request to rezone. See attached. 4.PC 2004-33 Midwest Development petition to annex and rezone. See attached. NEW BUSINESS 1.PC 2004-06 Centex Homes City Planner Mike Schoppe said the plan complies with the city's Comprehensive Plan. While the densities are higher than the Comprehensive Plan allows,there's also a large amount of open space to offset those densities,he said. Jones asked why the developer eliminated retail space in favor of putting in more condominiums. Kevin Stowe for Centex Homes said Centex Homes didn't eliminate any retail space. In fact, Centex Homes isn't building on the Northgate commercial property, which is attached to the Centex Homes property. Mid-America actually owns the commercial portion of the property and gave Centex Homes the boundary, Stowe said. Still,Jones said he's against the increased density of the condos. Also, Crouch said he's like to see the lot sizes for single-family homes increased. Stowe,however, said if they increase the lot sizes,they would have to decrease the amount of open space.He also added that the overall density of the plan has slightly decreased since the last plan was presented to the commission. Overall, he said the plan presented features about 240 acres of open space and the Bertram farm,which is about 2.2 acres,will remain a farm site. Schillinger said his overall concern is density.He said he understands the city is getting a regional detention facility with the property,but the density is still too high. Page 4 of 6 Jones said it feels as if the city is being held hostage. Schoppe said the city would have another opportunity to review the proposal when the preliminary plan comes back to the Plan Commission. Schillinger made a motion to recommend approval of annexation as requested in PC 200406.Adams seconded the motion.The motion was unanimously approved in a roll call vote. Adams, Schillinger,Jones, Crouch,Kraupner,Holdiman, Lucietto,Davis and Lindblom voted yes. Schillinger then made a motion to recommend approval for rezoning as presented on the plat displayed for PC 2004-06.Kraupner seconded the motion.The motion was approved 7-2 in a roll call vote.Jones,Kraupner, Holdiman, Lucietto,Davis, Adams, and Lindblom voted yes. Schillinger and Crouch voted no. 3. PC 2004-32 River Oaks Property Development LLC Schillinger asked if this request fell under a special use permit. Mayor Art Prochaska said the city has worked out this type of agreement before. Rather than issuing a special use permit, guidelines and requirements can be outlined in a development agreement. Crouch made a motion to recommend rezoning for PC 2004-32 as requested, subject to a development agreement. Lucietto seconded the motion. The motion was unanimously approved in a roll call vote. Jones, Crouch, Kraupner, Holdiman, Lucietto, Davis, Adams, Schillinger and Lindblom voted yeti. 6.PC 2004-18 Wynstone TowMome Development—Concept preliminary clan Rich Guerard from Wyndham Deetpoint Homes said the proposed plan is to build 56 units in a proposed townhome development.He said the developers would like to create a detention area to save the some of the trees on the property and they are currently doing a tree study. The proposal calls for 4-unit and 5-unit buildings all with two-car garages. There also would be 50 guest parking spaces installed. Guerard said the proposed units have a residential look to them and the size of the units varies from a minimum of 1,533 square feet to 2,300 square feet. Marty Schwartz,Kendall Township highway commissioner,read a letter,which he had written to City Administrator Tony Graff. The letter states that in April 2004,he was approached by two residents who live at the south end of Walnut Street. They had requested the township vacate the right of way between their two houses. Since then,he received notice from the city informing him that there is a developer who wants to connect to Walnut. As road commissioner,he asked that Walnut not be used as a street to the new development. Vacation of the right of way has already started.Also,he said the street Page S of 6 was not built for the traffic the development would bring. Schwartz also said he believes the additional traffic would decrease property values for the houses on Walnut Street. Lindblom,however, said he has a concern with one-way in to the proposed subdivision. Resident Sarah Fischer said'Walnut Street is partially in her driveway. The way the development is proposed, she said there wouldn't be 200 feet between her home and Walnut Street. Lindblom told Guerard that is looks as if he has some problems to solve before the proposed development can progress. 7. PC 2004-24-Caledonia—Final Plat Schoppe said there are a few outstanding issues, otherwise it looks good. Lucietto recommend approval of the final plat for PC 2004-24 subject to staff comments.Davis seconded the motion. The motion was unanimously approved in a roll call vote. Crouch, Kraupner,Holdiman, Lucietto,Davis,Adams,Jones and Lindblom voted yes. Schillinger abstained. 8.PC 2001-06 Grande Reserve Unit 10—Preliminary/Final Plat Attorney John Phillipchuck said that the plats for Unit 10 and 11 are in substantial conformance with the concept plan and he asks for approval. Schoppe said he recommends approval of the plan. John Whitehouse with Engineering Enterprises, Inc. added that approval should also be subject to compliance with the width of utility easements. Lucietto made a motion to recommend approval of the preliminary/final plat for PC 2001-06 Unit 10 as requested subject to staff concerns and final engineering.The motion was unanimously approved in a roll call vote. Crouch,Kraupner,Holdiman,Lucietto, Davis,Adams,Jones and Lindblom voted yes. Schillinger abstained. 9.PC 2001-06 Grande Reserve Unit 11—Preliminary/Final Plat Lucietto made a motion to recommend approval of the preliminary/final plat for PC 2001-06 Unit 11 as requested subject to staff concerns and final engineering.The motion was unanimously approved in a roll call vote. Crouch,Kraupner,Holdiman, Lucietto, Davis,Adams, Jones and Lindblom voted yes. Schillinger abstained. 10. PC 2004-14 Swanson Lane Estates--Preliminary/Final Plat Attorney Charles Kopecky said there are now six lots in the plan.The last time it was presented,there were five lots. The petitioner had talked about reserving the right to subdivide one lot at a later date,but decided to go ahead and have that platted now. Schoppe said there are some plat issues and minor details that need to be cleaned up. Also,he said the management of the conservation area needs to be resolved.Whitehouse also pointed out some engineering issues that need to be resolved as per a letter from City Page 6 of 6 Engineer Joe Wywrot. Grouch made a motion to recommend approval for PC 200414 subject engineering issues and staff concerns. Lucietto seconded the motion.The motion was unanimously approved in a roll call vote. Holdiman,Lucietto,Davis, Adams, Schillinger,Jones, Crouch,Kraupner and Lindblom voted yes. The meeting adjourned at 10:05 p.m. Minutes respectfully submitted by Dina Gipe 72 1 Hearing -- 2 MR. ALLEN : I have one question . 3 CHAIRMAN LINDBLOM: Yes , sir . Can 4 you please state your name? 5 WHEREUPON : b DERVIN ALLEN, 7 having been first duly sworn, testified before 8 the Plan Commission as follows : 9 MR. ALLEN : Dervin Allen . I heard 10 him mention a clubhouse and stuff. Is there a 11 homeowner ' s association that ' s going to be 12 attached to that? 13 MR. STOUGH : Yes . 14 CHAIRMAN LINDBLOM: Any further 15 questions , items? 16 MR. FEINSTEIN : In order to make the 17 legal record again, will you incorporate the 18 transcript of the preceding hearing? 19 CHAIRMAN LINDBLOM: Yes , sir . 20 MR. FEINSTEIN : Thank you, sir . 21 CHAIRMAN LINDBLOM: Okay . With that 22 then, I 'm going to close that portion of the 23 public hearing for PC2004-06 . 24 we are now going to go to Depo Court Reporting Service ( 630 ) 983-0030 1 PC2004-32 , River Oaks Property Development , Tj'C, 2 Melissa A. May and Cheryl A. Lee, petitioners , 3 have filed an application with the United Cis,-.y of 4 Yorkville, Kendall County, Illinois, requesting 5 rezoning from United City of Yorkville R-1 6 One-Family Residence District to United City of 7 Yorkville B-2 General Business District . 8 The real property consists of 9 approximately 3 . 43 -- 3 . 473 acres and is located 10 on Van, Emmon Road east of Mill Street, west of 11 Woodland Drive, and south of Van Emmon Park in 12 the United City of Yorkville, Kendall County, 13 Illinois . 14 And speaking for the petitioner 15 is? 16 WHEREUPON : 17 MELISSA MAY, 18 having been finest duly sworn, testified before 19 the Plan Commission as follows : 20 MS . MAY: Good evening . My name is 21 Melissa May. I am here on behalf of River Oaks 22 Property Development . My partner, Cheryl Lee, is 23 unfortunately at the builder ' s conference this 24 evening, so if you have specific questions Depo Court Reporting Service ( 630 ) 963--0030 74 1 regarding building, you are going to have to put 2 this off until she is going to be available to 3 answer these questions . 4 We are here tonight -- I 'm 5 obviously the shortest one here tonight, so 1 6 apologize, and I ' ll try to make this as brief as 7 possible . 8 We are here tonight on a 9 rezoning issue . We ' ve got two parcels of land on 10 Van Emmon directly across from the ballpark . 11 These are two very heavily wooded lots , and we 12 have available --- I didn ' t realize that we were 13 going to have quite a few people tonight, so if 14 anybody wants to come and see copies of what our 15 plan is going to look like, we ' ve actually got 16 comprehensive plans that are preliminary 17 comprehensive plans . I think that my assistant, 18 Laurie, has some available to pass out if people 19 want to look at it . 20 I think the most important 21 thing to think about what we want to do with this 22 property, we are looking to zone it B-3 for a 23 particular reason . 24 Our original plan was we were Depo Court Reporting Service ( 630 ) 983-0030 75 1 intending to create an office park or an office 2 building, a professional center, in this property 3 that we could maintain as much of the natural 4 topography and as much of the wooded aspect of 5 this property as we could. 6 We felt like this property 7 would be ideal for a work environment, we don ' t 8 want to go in and take down any of the trees . We 9 want to keep as many of the trees as possible . 10 We would like to create some 11 amenities to create a professional environment, 12 people feel comfortable in having a professional 13 work environment here . 14 Again, we have designed our 15 building around the land . We have gone in and 16 done our tree count, ascertained how many trees 17 are available on the property . 18 Several of the trees are 19 significant in size, they are over twenty inches 20 in diameter . It ' s our intention to keep as many 21 of those trees in place as possible, and we ' ve 22 designed the building actually to go around that 23 property. 24 The property is located in an Depo Court Reporting Service ( 630) 983-0030 76 1 area that is multi-zoned. We ' ve got 2 manufacturing on Van Emmon, we ' ve got residential 3 on Van Emmon, and we ' ve got business on Van 4 Emmon, as well as the park directly across from 5 Van Emmon . b What we are looking to do is 7 incorporate a professional building into this 8 property . We felt a professional building would 9 be important because it would not directly have a 10 negative impact on traffic . 11 We are looking for tenants to 12 be, for example, accountants, insurance agents , 13 attorneys, that type of professional environment 14 where we wouldn ' t see any significant increase in 15 the amount of traffic that would go up and down 16 Van Emmon Road. 17 We are looking to be zoned B-3 . 18 We originally considered office zoning, but we 19 decided to go B-3 because we actually had some 20 people express an interest in having an art 21 gallery or an art type of facility on the first 22 floor of this building, and 1 think if you look 23 at the design of the building itself, it ' s kept a 24 residential feel to it, so it will blend very Depo Court Reporting Service ( 630) 983-0030 77 1 nicely with the surrounding community. 2 And I know that everybody is 3 tired and it ' s late and I ' ll keep this as brief 4 as possible and would be happy just to entertain 5 questions . 6 CHAIRMAN LINDBLOM: I guess I am a 7 ittle confused in your application . You are 8 asking for B-2 . 9 MS . MAY : I 'm sorry . You are 10 correct . It is B-2 . 11 CHAIRMAN LINDBLOOM: So it is 5-2 . 12 MS . MAY : I ' m sorry, it ' s late . 13 CHAIRMAN LINDBLOM: Okay. Are there 14 other public comments at this time? 15 MR. SELKIN: Yes , I have a few . 16 CHAIRMAN LINDBLOM: Excuse me, sir . 17 Could I get your name, please, for the record? 18 WHEREUPON : 19 GARY SELKIN, 20 having been first duly sworn, testified before 21 the Flan Commission as follows : 22 MR. SELKIN: I ' m sorry . Gary 23 Selkin . Is this the lot that ' s already partially 24 clear cut already? Depo Court Reporting Service ( 630 ) 983-0030 78 1 MS . MAY : No . These are the lots 2 that have all the trees on them. We haven ' t done 3 any clearing . Somebody to the east of that . 4 MR. SELKIN : Okay . Thank you . 5 CHAIRMAN LINDBLOM: Other questions? S MR. PERMASTER: Yes , I have a few . 7 CHAIRMAN LINDBLOM: Your name, 8 please? 9 WHEREUPON : 10 BRUCE PERMASTER, 11 having been first duly sworn, testified before 12 the Plan Commission as follows : I3 MR. PERMASTER: Bruce Permaster . 1 14 am the adjacent property owner . 15 MS . MAY: Yes . 16 MR. PERMASTER: The plan that you 17 have passed out, this is only for two parcels , 18 this is only one . How about the other one? 19 MS . MAY : Correct . The other one we 20 are looking to rezone . A change that we might 21 consider, putting a second building on there . 22 We haven ' t gotten to that point 23 yet, we don ' t know whether we are going to do it . 24 We are looking at -- right now we ' ve got two Depo Court Reporting Service ( 630 ) 983-0030 79 1 parcels , each of which is slightly over one and a 2 half acres, and so we are looking at only doing 3 one of these buildings right now. 4 The other land currently is 5 vacant . We haven ' t decided yet whether we would 6 build like a Phase II similar to this or not . 7 MR. PERMASTER: Does it make sense 8 then to rezone both of them now not knowing what 9 might come about on the second? 10 CHAIRMAN LINDBLOM : The petitioner 11 is asking for the one . 12 MS . MAY : No, actually we are asking 13 for both parcels . 14 MR. PERMASTER: The paper says two . 15 CHAIRMAN LINDBLOM: You are asking 16 for both . 17 MS . MAY : Two lots adjacent, yes . 18 CHAIRMAN LINDBLOM : Oh, two lots, 19 yes . 20 MR . SCHILLINGER: Would it be -- 21 Would it be -- Personally I like the plan . 22 MS . MAY: Thank you . We are very 23 proud of it . 24 MR. SCHILLINGER: I live very close Depo Court Reporting Service ( 630 ) 983-0030 80 1 to this, I think it ' s an asset compared to what 2 could go there . If it goes the way it ' s laid 3 out , beautiful . 4 The only thing that scares me 5 is that you are asking for office zoning -- No, 6 you ' re not asking for office zoning . You ' re 7 showing office, but you are asking for business 8 zoning . 9 MS . MAY : Correct . 10 MR. SCHILLINGER: Would it be 11 possible to ask for office zoning with a special 12 use purpose for business? 13 MS _ MAY: We would consider doing 14 that as well because our -- the only reason we 15 wanted to expand it into the B-2 zoning was we 16 had been approached by somebody who might have 17 been interested in putting an art gallery in 18 there, which we thought would be a great asset 19 from an office perspective . 20 MR. SCHILLINGER: And given the area 21 that it ' s in, an art gallery to me would be tine, 22 but a convenience store just simply wouldn ' t . 23 MS . MAY : Agreed. Agreed . And that 24 is -- Depo Court Reporting Service ( 630) 983-0030 81 1 MR. SCHILLINGER : That ' s why I would 2 suggest possibly special use as opposed to a 3 straight . 4 CHAIRMAN LINDBLOM: Let ' s go back to 5 this when we discuss the hearing . Is there 6 any -- Any other comments? 7 MR. PERMASTER : Yeah . I had some 8 questions , particularly when it comes to assuming 9 that you are going to extend the water and 10 sewer -- 11 MS . MAY : Correct . 12 MR. PERMASTER : -- for this 13 building . Is that water and sewer going to be 14 extended to both lots or just one? 15 MS . MAY : We haven ' t gotten to that 16 point in our planning, but we probably would 17 extend it to both . 18 MR . PERMASTER: Well, in that case 19 it would cross a piece of my property, and I 20 would need to have an understanding whether or 21 not the existing owners which own property that 22 the sewer must cross would be subject to bearing 23 the cost of that to cross their property . 24 MS . MAY : At this point in time we Depo Court Reporting Service ( 630 ) 983-0030 82 I don ' t have any intention of having that be a cost 2 with the current property owner, and I understand 3 that that ' s the driveway that you have that ' s 4 between the two lots, correct? 5 MR. PERMASTER: Yes . 6 MS . MAY : Okay . Well , we wouldn ' t 7 consider that being a cost of yours . 8 MR. PERMASTER : How about , speaking 9 for somebody who isn' t here, where the sewer ends 10 now and the water is now to where your property 11 begins? 12 MS . MAY: Well, actually, at the 13 risk of sounding like a one of the Planned 14 unit people, that ' s beyond the scope of what 15 we ' re here to discuss tonight . 16 we ' re just here to discuss 17 whether the zoning would be appropriate or not _ 18 I mean, dealing with costs for sewer and water, I 19 think that ' s further down the line as far as . . . 20 MR. PERMASTER : One other question, 21 in keeping with the zoning question, do you plan 22 to extend the city sidewalks? 23 MS . MAY: At this point in time we 24 don ' t have any plans to do that, but we don ' t Depo Court Reporting Service ( 630) 983-0030 83 1 know where the city sidewalks end at this time . 2 I 'm not familiar with where the 3 city sidewalks end on Van Emmon, and I 'm not even 4 sure -- 5 MR. PERMASTER: They end at the 6 adjacent property right now . 7 CHAIRMAN LINDBLOM: Well, I would 8 just reiterate that what we are looking for here 9 is rezoning, not planning . 10 MR. PERMASTER : Okay . 11 MS . MAY: And if those issues came 12 up, of course we would discuss them with the city 13 and would make those accommodations if they were 14 required. 15 MR. PERMASTER: And we talked about 16 the business zoning . There is no business zoning 17 that I am aware of between the Old Second Bank 18 and this property, which is about two and a half 19 or three blocks . I 'm east, and as I recall , 20 there ' s no business zoning between there and the 21 Old Second . 22 MR. SCHILLINGER: On that side of 23 the street . 24 MR. PERMASTER: On that side of the Depo Court Reporting Service ( 630) 983-0030 84 1 street . There is some small businesses, et 2 cetera, on the other side of the street , but they 3 are hit and miss . 4 CHAIRMAN LINDBLOM: Okay . Anything 5 else? 6 (No response) 7 CHAIRMAN LINDBLOM: Did I see 8 another hand back there? No, I guess -- Good 9 idea . Anybody else? 10 (No Response) 11 CHAIRMAN LINDBLOM: If not, this 12 portion of the public hearing for the PC2004-32 13 is complete . Thank you . 14 Now we have PC2004-33 , Midwest 15 Development, LLC, petitioner, has filed an 16 applicat,io11 with the United City of Yorkville, 17 Kendall County, Illinois , requesting annexation IS to the United City of Yorkville and rezoning from 19 Kendall County A-1 Agricultural to the United 20 City of Yorkville R-2 One-Family Residence 21 District . 22 The real property consists of 23 approximately 102 . 75 acres on Fox Road east of 24 High Point Road, Kendall Township, Kendall Depo Court Reporting Service ( 630) 983--0030 Page 4 of 7 Sticka said the plan is in conformance to what has previously been submitted.The committee agreed to send the request to the C.O.W. S. PC 2004-32 River Oaks Development Rezoning Request Petitioners Melissa May and Cheryl Lee are seeking rezoning to allow for an office building. May said there are different types of zoning in the area already and she feels this would be a good fit.The design of the proposed building would fit in with the surroundings and as many trees as possible will be left standing in the area. Mayor Prochaska said the Plan Commission gave the plan its recommendation for approval subject to a development agreement.Prochaska added he's happy to see a plan come forth that fits in with the land so well. 9.PC 2004-31 Yorkville Commons PUD Request The petitioner requested to remove this item from the agenda. 10. PC 2004-06 Centex Homes Bristol Bay Annexation and Zoning The entire plan covers 624 acres with frontage on Route 47 and commercial property on Route 47. The two-acre farmstead would be maintained and a fire station has been added to the plan. Since the plan was first introduced, open space has been increased by eight acres and the density has been decreased from 3.43 units per acre to 3.36 units per acre. Also,a duplex component has been added to the area nearest to the commercial area.The duplexes would feature a first floor master bedroom and would be 2,000 to 2,200 square feet.Amenities would be aimed to meet the needs of empty nesters. City Administrator Tony Graff said the mad to the development would connect with the Dixon piece,which connects to Cannonball Trail Cannonball Trail will be a major county collector.Also, Graff said the school site for the property has changed to better fit what the School Distract wants. Meanwhile,Mid-America owns the commercial portion of the property and that company is trying to attract a big-box user. Sticka said the Plan Commission voted to unanimously to recommend approval for annexation and voted 7-2 to recommend the requested zoning. The committee agreed to bring the request to the C.O.W. 11.Intergovernmental Agreement between Kendall County and the City for County Road Fee Mayor Prochaska said the county is asking the city to request a fee of$1,000 from developers to go toward county road improvements. Legally,he said the city would have to look at the issue. He said he doesn't oppose the issue;it's a matter of how to implement such a project. [ The MInuies ortbeReeularXerang t — eb — a e FINANCE]DIRECTOR'S REPORT No report. IDMtCTQR No report. CHIEF OF POLICE REPORT No rr port. LXK=Yg DIRECTOR OF PARKS&RECREA'T'ION REPQ�T Director Brown reported that the Polar Plunge for the Special Olympics was being held on Saturday,March 5,2005 at Silver Springs State Park. Registration begins at 9:00 A.M.,the festivities begin at 11:00 A.M.with the first person jumping in at 12:00 P.M. She stated that this year a bleacher section has been added for spectators who are too"chicken"to take the plunge and that the enrollment for this year's plunge has surpassed Iasi years.She invited everyone to come and cheer the"plungers"on. Mayor Prochaska encouraged the supponl of the people participating in the event. COMMUNITY&LIALSON REPORT Farzde Committee Alderman Burd reported that the Fagade Committee approved two grants;one for 57,3$3.50 for the improvements made to 204 Heustis Street by Peter and Cheri Sohag and the other for $4,945.55 for the masonry garbage enclosure ingtalled behind 213 Bridge Street building by Bob Dearbom She stated that the committee also discussed the possibility that the City could grant funds for improvements and future owners could teardown the improvements that were done with the help of taxpayer's dollars. They discussed amending the Fa�sde Ordinance to address this. C0hflA1TrEE REPORTS PUBLIC WORKS COMMLTTEE REPORT No report. ECONOMIC DEVELOPMENT COMYSME R !2n Ordinance 20V5-16 Author W Rg the Execution of the Development Agreement for River Omen Property Development A motion was made by Alderman Sticka to approve the Development Agreement for River Oaks Property Developmant,LLC and approve an Ordinance authorizing the execution of the agreement,seconded by Alderman.Tames. Alderman Sticka noted that this was for the commercial property on Van Emmon Road and the plan has been complimented by the Phan Commission. Motion approved by a roll call vote. Ayes-8 Nays-0 Kot-aye,Ohare-ayo,Munns-aye,Spears-aye, Sticka aye,Bosco-aye,Burd-aye,,lames-aye Development/Economic lnitlative.Agreement lbr Wesley Property Corp. A motion was made by Alderman Sticka to approve the Development FA momic Initiative Agreement for Wesley Property Corporation and to authorize the Mayor and City Clerk to execute all documents;seconded by Alderman Kot. Alderman Spears commented that the City Council did not have time to review the revisions because they received it as tonight's meeting began. Alderman Sticka agreed that the Council receiving information just prior to the meeting is inappropriate however the changes to the agreement were made in response to specific items discussed at the Committee of the Whole meeting. He slated that blanks in the agreement along with some wording he objected to were removed. Other changes were formatting issues such as bullet points. Aldermen Sticka noted that there is a timing issm,the engineering work for tho traffic light at Wheaten Avenue and Route 47 should begin as soon as possible. He felt that it was not a totally new agreement and the Council should consider going forward to approve iL Mayor Prochaska went over the changes made to the agreamenL STATE OF ILLINOIS ) ss COUNTY OF KENDALL } Ordinance No. 2010- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, REAPPROVING A DEVELOPMENT AGREEMENT WITH AND APPROVING A REZONING TO B-2 GENERAL BUSINESS DISTRICT FOR RIVER OAKS PROPERTY DEVELOPMENT, LLC WHEREAS, the United City of Yorkville (the "City"') is a duly organized and validly existing non-home-rule municipality created in accordance with Article VI1, Section 7 of the Constitution of the State of Illinois of 1970; and, WHEREAS, River Oaks Property Development, LLC is the developer (the "Developer') of property located near and adjacent to 344 Van Emmon Road, Yorkville, Illinois, consisting of approximately 3.473 acres (the -Subject Property-); and, WHEREAS, the City originally approved a Development Agreement with the Developer on February 22, 2005, by Ordinance No. 2005-16, however, the Developer never executed the Development Agreement; and, WHEREAS, the Developer now desires to execute the Development Agreement and provide all necessary documentation to move forward with the development of the Subject Property; and, WHEREAS, as part of the Development Agreement, the Developer seeks a rezoning of the Subject Property from R-1 One Family Residence District to B-2 General Business District; and, WHEREAS, the Plan Commission of the City held a public hearing on the rezoning of the Subject Property on January 12, 2005, made the necessary findings pursuant to the City Code of Ordinances, and recommended the rezoning of the Subject Property to B-2 General Business District; and, WHEREAS, the Mayor and City Council (the "Colporute Authorities") have determined it is in the best interests of the City and the health, safety, morals, and welfare of its residents that the City reapprove the Development Agreement with a new date of June 8, 2010, and rezone the Subject Property to B-2 General Business District. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated and made a part of this Ordinance. Section 2. The Corporate Authorities hereby reapprove the Development Agreement, as attached, with a new date of June S, 2010, and approve the rezoning of the Subject Property from R-1 One Family Residence District to B-2 General Business District; and, the Mayor and City Clerk are hereby authorized to execute and deliver said Development Agreement. Section 3. 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. 2010. CITY CLERK ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2010. MAYOR 2 Clry Reviewed By: Agenda Item Number J` 0 Legal ❑ j� �! EST. Finance ❑ �— Engineer Tracking Number 0 to City Administrator Consultant ❑❑ PW 2010-32 CCE �w Agenda Item Summary Memo Title: Heartland Circle— Final Acceptance Meeting and Date: City Council 6/8/10 Synopsis: Recommend final acceptance of earthwork. roadways, landscaping, and sidewalks, and removal of detour route. Council Action Previously Taken: Date of Action: CC 5125110 Action Taken: tabled Item Number: PW #1 Type of Vote Required: Majority Council Action Requested: Approval, subject to completion of punchlist work. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: � D C/)- Z) w osi% Memorandum EST. leas To: Bart Olson, City Administrator � From: Joe Wywrot, City Engineer fA '? CC: Lisa Pickering, Deputy City kl rk a Date: May 6, 2010 Subj ect: Heartland Circle—Final Acceptance Marker, Inc. has requested that the city accept the final public improvements for the Heartland Circle development. As of the date of this memo, all punchlist work is complete except for the following: • Crosswalks need to be striped at all intersections. • Remove and replace the following dead/dying parkway trees: 1158 Grace (along Spring), 1101 Clearwater (2 trees along Clearwater, 2 trees along Omaha), 1149 Clearwater, 611 Birchwood (2 trees along Blue Jay), 639 Birchwood, 1109 Auburn (2 trees along Spring), 1338 Spring, and 1382 Spring (along Spring). • Remove all dumped debris from vacant lots. The development agreement for Heartland Circle allowed the developer to request partial final acceptance as individual work items were completed. Consequently, the watermain and streetlights were accepted in 2005. The sanitary sewer and storm sewer were in 2006. Items not yet accepted or approved include earthwork, roadways, landscaping, sidewalks and trails. We have requested that the developer complete the punchlist items listed above prior to final acceptance. About 80 of the 262 buildable lots in Heartland Circle remain vacant; construction of sidewalk and planting of parkway trees for those lots would become the responsibility of the builders. Corresponding to final acceptance is a reduction to the subdivision bond. The reduction would be in the amount of $807,481.37. The remaining bond amount of $330,476.28 would remain in place for roadway, landscaping, and sidewalk/trail improvements during the one-year warranty period. Please refer to the attachment for details. Since the warranty periods for items previously accepted have expired, the bond amounts for those items would be reduced to zero. During negotiation of the development agreement for Heartland Circle we received many comments from residents on Spring Street about the anticipated construction traffic. They were concerned that Spring Street would carry the majority of that.traffic, and requested that the traffic access the development some other way. The developer agreed to allow that traffic through their Heartland in Yorkville subdivision, which had a limited number of residents at the time. A detour route was posted, and was fairly successful in diverting construction traffic away from Spring Street. Since that time the public infrastructure in Heartland Circle has been completed. Heartland in Yorkville is almost completely built out. Construction of individual homesites in Heartland Circle, however, still requires trucks to deliver and haul away equipment and material. We have received several requests from residents of Heartland in Yorkville to eliminate the detour of construction traffic through their streets. They are concerned about the trucks navigating the sharp curves and tight corners in their subdivision. They don't understand why their neighborhoods and families are less important than those on Spring Street. This issue was placed before the Public Works Committee in November 2005, and at that time the committee decided to keep the detour route in place. With the public infrastructure of both subdivisions now completed, I believe it is time to reconsider the detour route. I recommend that the final public improvements of earthwork, roadways, landscaping and sidewalks for the Heartland Circle subdivision be accepted for ownership and maintenance, subject to receipt of an acceptable Bill of Sale and completion of remaining punchlist items, and that American Southern Insurance Company Bond # B98804-010285 be reduced by the amount of$807,481.37. I also recommend that the construction detour established through the Heartland in Yorkville subdivision be removed. Please place this item on the Public Works Committee agenda of May 18, 2010 for consideration. City of Yorkville 6-May-10 Letter of Credit/Bond Reduction Subdivision: Heartland Circle Dale of last bondlLOC adjustment: Jul-03 Reduction No. 7(final acceptance) ENR-CC Index for date of last adjustment: 6695 Bond/LOC No. American Southern Insurance Co. Bond#1398804-010285 Current ENR-CC Index: 8761 LOC/Bond Approved Original amount LOC/Bond Amt. Amount complete prior Amount of Amount to remain Item Eno. Est. for LOCIBond Prior to Reduction No.7 to Reduction No.7 Reduction No.7 after Red. No.7 Sanitary Sewer-Trunk Line $319,037.90 $350,941.69 $31,903.79 $319,037.90 $31,903.79 $0.00 Sanitary Sewer $604,375.80 $664,813.38 $60,437.58 $604,375.80 $60,437.58 $0.00 Watermains $704,952.50 $775,447.75 $70,495.25 $704,952.50 $70,495.25 $0.00 Storm Sewer $945,510.60 $1,040,061.66 $94,551.06 $945,510.60 $94,551.06 $0.00 Earthwork $925,479.56 $1,018,027.52 $144,806.93 $925,479.56 $23,699.74 $121,107.19 Pavement $1,004,609.75 $1,105,070.73• $289,922.66 $1,004,609.75 $158,460.58 $131,462.08 Streetlights $127,584.00 $140,342.40 $12,785.40 $127,584.00 $12,785.40 $0.00 Miscellaneous $595.351.53 $702,956.68 $433,054.98_ $639,051.53 $355,147.96 $77,907.02 Totals $5,226,901.64 $5,797,661.80 $1,137,957.65 $5,270,601.64 $807,481.37 $330,476.28 Notes: a)LOCIBond amt.to be 20%of substantially completed items plus 110% of uncompleted items prior to final acceptance. b)LOCIBond reduced to 10%at final acceptance. c)LOC/Bond amt.to remain is updated based on Engineering News Record-Construction Cost Index d)Manual input required for cells highlighted in yellow, 0 Co. Reviewed By: Agenda Item Number J 4 0 Legal ❑ !,u E51: l 1836 Finance ❑ Engineer ` w e Tracking Number City Administrator Consultant ❑❑ f�� C 1 O -- Agenda Item Summary Memo Title: Heartland Circle Detour Route Meeting and Date: June 22, 2010 City Council meeting Synopsis: Recommend that the City Council agree to remove the construction traffic detour route for Heartland Circle. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: ��I CAD C'jY 0�, Memorandum esr 1836 To: Bart Olson, City Administrator } From: Joe Wywrot, City Engineer ;A �p CC: Lisa Pickering, Deputy City Clekrk Date: June 4, 2010 Subject: Heartland Circle—Detour Route During negotiation of the development agreement for Heartland Circle we received many comments from residents on Spring Street about the anticipated construction traffic. They were concerned that Spring Street would carry the majority of that traffic, and requested that the traffic access the development some other way. The developer agreed to allow that traffic through their Heartland in Yorkville subdivision, which had a limited number of residents at the time. A detour route was posted, and was fairly successful in diverting construction traffic away from Spring Street. The detour route runs from McHugh Road to either Farmstead or Heritage Drives, and then along Heartland Drive, Arrowhead Drive, Homestead Drive, and Omaha Drive. Since that time the public infrastructure in Heartland Circle has been completed. Heartland in Yorkville is almost completely built out. Construction of individual homesites in Heartland Circle, however, still requires trucks to deliver and haul away equipment and material. We have received several requests from residents of Heartland in Yorkville to eliminate the detour of construction traffic through their streets. They are concerned about the trucks navigating the sharp curves of the streets in their subdivision rather than the straighter and wider Spring Street, which is a designated collector road. This issue was placed before the Public Works Committee in November 2005, and at that time the committee decided to keep the detour route in place. With the public infrastructure of both subdivisions now completed, ) recommend that we again consider removal of the detour route. This item was considered by the Public Works Committee at their meeting on May 18, 2010, and there was consensus to remove the detour route. Please place this item on the City Council agenda of June 22, 2010 for consideration. CIP Reviewed By: Agenda Item Number 4 T", g J Le al EST. 1836 Finance ❑ Engineer ❑ Tracking Number 0 jld ie� u) City Administrator a � xM O� Consultant ❑❑ ADM 2010-33 CtE ��• Agenda Item Summary Memo Title: Historic Preservation Ordinance— Second Reading Meeting and Date: City Council 618/10 Synopsis: Proposal to create a Historic Preservation Commission. Council Action Previously Taken: Date of Action: CC 5125/10 Action Taken: First Reading Item Number: Admin#2 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Ordinance No. 2010- ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS ESTABLISHING HISTORICAL PRESERVATION GUIDELINES AND ESTABLISHING A HISTORIC PRESERVATION COMMISSION WHEREAS, in a rapidly changing world, new uses and customs threaten the existence of areas, structures and works of art which have special historic, community, architectural or aesthetic importance, value or interest whose preservation and continued utilization embody a sense of its cultural, social and political history of a community; and, WHEREAS, pursuant to the Illinois Municipal Code, Section 1148.2-1 et seq., Illinois municipalities are authorized to provide official landmark designation and to impose regulations governing the construction, alteration, demolition, use and such additional measures as deemed reasonable and appropriate to ensure the preservation, protection, enhancement rehabilitation, perpetuation or use of such areas, buildings, structure and objects of art which have special significance; and, WHEREAS, the Mayor and City Council of the United City of Yorkville (the "Corporate Authorities") have acknowledged the existence of specific areas and structures with significant historical and architectural importance which date back to the initial settlement of the community in 1833, the designation of the City as the County Seat in 1858, and the incorporation as a municipality in 1874; and, WHEREAS, the Corporate Authorities desire to preserve such areas and structures in order to provide its current residents and businesses a sense of a stable community which has 1 experienced significant growth as a result of the drawing from its history to illuminate a passageway to the future. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the City Code is hereby amended by adding a new Chapter 17 to Title 8 as follows: CHAPTER 17. HISTORICAL PRSERVATION Section 8-17-1: Intent and Purpose: The purpose of this Chapter is to promote the protection, enhancement, perpetuation, and use of improvements of special historical, architectural or aesthetic value to serve the health, prosperity, safety, and welfare of the citizens of the City by: A. Providing a mechanism to identify and preserve the historic and architectural characteristics of the City which represent elements of the City's cultural, social, economic, political and architectural history; B. Promoting civic pride in the beauty and noble accomplishments of the past as represented in the City's landmarks and historic districts; C. Stabilizing and improving the economic vitality and value of the City's landmarks and historic areas; D. Protecting and enhancing the attractiveness of the City to investors and visitors thereby supporting commerce, industry, and attracting economic growth; and, 2 E. Fostering and encouraging the preservation and restoration of structures, areas, and neighborhoods and thereby preventing future blight. Section 8-17-2. Definitions: Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as follows: 1. Alteration. Any act or process that changes one or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction or removal of any structure. 2, Area. A specific geographic division of the City. 3. Addition. Any act or process which changes one or more of the "exterior architectural features" of a structure designated for preservation by adding to, joining with, or increasing the size or capacity of the structure. 4. Building. Any structure created for the support, shelter or enclosure of person, animals or property of any kind and which is permanently affixed to the land. 5. Certificate of Appropriateness. A certificate authorizing plans for alterations, construction, removal or demolition of a landmark or site within a designated historic district. 6. Commission. The Historic Preservation Commission of the United City of Yorkville. 7. Commissioners. Voting members of the Historic Preservation Commission of the United City of Yorkville. 3 S. Construction. The act of adding an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property. 9. Corporate Authorities. The Mayor and City Council of the United City of Yorkville. 10. Demolition. Any act or process that destroys in part or in whole a landmark or site within a historic district. 11. Design Guideline. A standard of appropriated activity that will preserve the historic and architectural character of a structure or area. 12. Exterior Architectural Appearance. The architectural and general composition of the exterior of a structure, including, but not limited to the kind, color and the texture of the building material and the type, design and character of all windows, doors, light fixtures, signs, and appurtenant elements. 13. Historic District. An area designated as a "historic district by ordinance of the Corporate Authorities which may contain within definable geographic boundaries one or more landmarks and which may have within its boundaries other properties or, structures that, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located within the historic district. 14. Landmark. Any building, structure or site which has been designated as a "landmark" by the Corporate Authorities, pursuant to procedures prescribed herein, that 4 is worthy of rehabilitation, restoration, and preservation because it is historic and/or architectural significance. 15. Owner of Record. The person, corporation, or other legal entity listed as owner on the records of the County Recorder of Deeds. 16. Rehabilitation. The process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural and cultural values. 17. Removal. Any relocation of a structure on its site or to another site. 18. Repair. Any change that does not require a building permit or that is not construction, relocation or alteration. 19. Structure. Anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including, but without limiting the generality of the foregoing, buildings, fences, gazebos, advertising signs, bill boards, backstops for tennis courts, radio and television antennae, including supporting towers, swimming pools, satellite dishes, solar panels and wind generation. 20. Structural Change. Any change or repair in the supporting members of a building, structure, roof or exterior walls which would expand the building in height, width or bulk of the building. Section 8-17-3. Historic Preservation Commission Established;Appointment and Terms: 5 A. There is hereby established the United City of Yorkville Historic Preservation Commission. Said Commission shall consist of seven (7) members appointed by the Mayor with the advice and consent of the City Council. The members of said Commission shall serve respectively for the following terms: One for 1 year Three for 2 years Three for 3 years B. The successor of each member so appointed shall serve for a term of three (3) years. C. The members need not be residents of the City, but preferably with historical architectural knowledge. Section 8-17-4: Organization. A. The officers of the Historic Preservation Commission shall include a Chairperson, Vice Chairperson, and Secretary who shall be designated by the Mayor at the time of appointment. B. The Chairperson shall prepare all agendas and preside over all meetings of the Commission. In the absence of the Chairperson, the Vice-Chairperson shall perform the duties of the Chairperson. C. The Secretary shall be responsible for notices, agendas and minutes as mandated by the Illinois Open Meetings Act; safekeeping of all records and reports of the 6 Commission and the notices as may be required for any public hearing conducted by the Commission. D. A majority of the members serving on the Commission shall constitute a quorum, any vacancy in the position of a Commission Member shall not be counted for purposes of establishing a quorum. A majority vote of the members serving on the Commission shall be required for any action on any matter presented to the Commission at a meeting called and conducted in accordance with applicable law and this Chapter. E. No member of the Commission shall vote on any matter in which such member, or any member of that member's household, has a material interest. F. The procedures of the Commission shall be governed by the Open Meetings Act and to the extent any procedures are beyond the scope of the Open Meetings Act, then according to Roberts Rules of Order as from time to time updated and amended. Section 8-17-5: Powers and Duties: The Commission shall have the following powers and duties: I. To conduct an ongoing survey to identify historically or architecturally significant properties, structures and areas. 2. To investigate and recommend to the Corporate Authorities the designation of properties or structures having special historic, community, or architectural value as "landmarks"; 7 3. To investigate and recommend to the Corporate Authorities the designation of properties or structures having special historic, community or architectural value as "historic districts"; 4. To keep a register of all properties and structures that have been designated as landmarks or historic districts, including all information required for each designation; 5. To recommend an appropriate system of markers and make recommendations for the design and implementation of specific markings of the streets and routes leading from one landmark or historic district to another; 6. To advise owners of landmarks and property or structures within historic districts on physical and financial aspects of preservation, renovation, rehabilitation; and reuse, and on procedures for inclusion on the State or National Register of Historic Places; 7. To inform and educate all interested persons concerning the historic and architectural heritage of the City by publishing appropriate maps, newsletters, brochures, and pamphlets, and by holding programs and seminars; 8. To hold public hearings and to review applications for construction, alteration, removal, or demolition affecting proposed or designated landmarks or structures or historic districts and make recommendations to the City Council on such applications. 9. To develop specific guidelines for the alteration, demolition, construction, or removal of landmarks of property and structures within historic districts; 8 10. To testify before all boards and commissions, including the Plan Commission and the Zoning Board of Appeals, on any matter affecting historically and architecturally significant property and landmarks; 11. To periodically review the City's Zoning Ordinance and to recommend to the Plan Commission any amendments appropriate for the protection and continued use of landmarks or property and structures within historic districts. Section 8-17-6: Applications for Landmark Designation or Historic District Designation: Any person or association may apply for the designation of a Landmark or a Historic District by submitting a nomination application to the office of the City Clerk with the following information: A. For a Landmark: I. The name and address of the property owner. 2. The legal description and common street address of the property. 3. A written statement describing the property and setting forth reasons in support of the proposed designation 4. Documentation that the property owner has been notified or consents to the application for designation. 5. A list of significant exterior architectural features that should be protected. 6. An overall site plan and photographs of the landmark. The plan shall also include a front, side and rear elevation drawing. 9 B. For a Historic District: 1. The names and addresses of the property owners. 2. A map delineating the boundaries of the area to be designated. 3. A written statement describing the area and properties within the historic district and setting forth reasons in support of the proposed designation. 4. A list and photographs of significant exterior architectural features of all properties in the district that should be protected. Upon receipt of an application, the office of the City Clerk shall forward said application to the Commission for review and a public hearing as provided in Section 8-17-7. Section 8-17-7. Procedures for Designation as Landmark or Historic District: A. Within thirty (30) days of receipt of an application for the designation of a Landmark or Historic District from the office of the City Clerk, the Chairperson of the Commission shall call a meeting to present the application to the members of the Commission who shall undertake an investigation to determine if there is a reasonable basis to determine that the subject property or subject district may have historical, architectural, cultural, economic or political elements which should be preserved. B. Within thirty (30) days of the date of the meeting to determine that the application has demonstrated a reasonable basis for potential designation as a Landmark or Historic District, the Commission shall set a time, date and place for a public hearing on the application and direct the City Clerk to notify by regular mail all property owners within 10 500 feet of the property proposed for designation as a Landmark or the property to be included in a proposed Historic District. If the application is for the designation of a Historic District, the Clerk shall also notify, by regular mail, the property owners within the boundaries of the proposed Historic District. The Commission shall further direct the office of the City Clerk to publish notice of the date, time and place of said public hearing in a newspaper of general circulation in the City not less than fifteen (15) days nor more than thirty (30) days of the date of the public hearing, The notice shall describe the property/properties included in the application. C. All interested parties shall be given an opportunity to be hard at the public hearing. If determined necessary by the Commission, the public hearing may be continued to a date not more than thirty (30) days from the date of the initial public hearing without further notice other than as required by the Open Meetings Act. D. At the conclusion of the public hearing or the next meeting of the Commission, not more than thirty (30) days after the conclusion of the public hearing, the Commission shall review all information as presented and make an evaluation of the application and a determination as to whether designation as a Landmark or a Historic District should be recommended to the City Council based upon the following criteria: 1. For a Landmark Designation: a. Has significant value as part of the historic, heritage or cultural characteristics of the community, county, state or nation; 11 b. Is identified with a person or persons who significantly contributed to the development of the community, county, state or county; C. is representative of distinguishing characteristics of architecture inherently valuable for the study of a period, type, method of construction or use of indigenous materials; d. Is a notable work of a master builder, designer, architect or artist whose individual work has influenced the development of the community, county, state or country; e. Is a unique location or has singular physical characteristics that make it an established or familiar visual feature; f. Has its character as a particularly fine or unique example of a utilitarian structure, including but not limited to farmhouses, gas stations, or other commercial structures, with a high level of integrity or architectural significance; g. In an area that has yielded or may be likely to yield, information important in history or prehistory. 2. For Designation as an Historic District: a. The Area contains one or more landmarks along with such other buildings, places or areas within its definable geographic boundaries which, while not of such historic significance to be designated as Landmarks, nevertheless contribute 12 to the overall visual characteristics of the Landmark or Landmarks located in such area; b. The area has a significant number of structures meeting any of the standards for Landmark Designation as stated in A above; C. The area establishes a sense of time and place unique to the City; and/or; d. The area exemplifies or reflects the cultural, social, economic, political or architectural history of the nation, the state, or the community. A copy of the recommendation shall be sent to the property owner of the Landmark or to all property owners within the recommended Historic District. In the event the application is not recommended for landmark or historic designation by the commission, no further action shall be taken. Section 8-17-8. Designation by the City Council: Upon receipt of a copy of the application for the designation of a Landmark or a Historic District which has been recommended for such designation by the Commission, the City Council shall review the documentation submitted by the Commission, the record of the public hearing and the report and recommendation of the Commission. The City Council, by a majority vote shall approve the requested designation or deny the designation. Section 8-17-9. Certificate ofAppropriateness: A. Any property or structure designated as a Landmark or any property, structure or site within a designated Historic District shall require a Certificate of Appropriateness 13 required if the building, structure or site will be altered, extended, or repaired in such a manner as to produce a major change in the exterior appearance of such building or structure. Such major change include, but are not limited to: 1. Major changes by addition, alteration, maintenance, reconstruction, rehabilitation, renovation or repair; 2. Any new construction and demolition in whole or in part requiring a permit from the City; 3. Moving a building; or, 4. Any construction, alteration, demolition, or removal affecting a significant exterior architectural feature as specified in the ordinance designating the landmark or historic district. B. An application for a Certificate of Appropriateness shall include: 1. Street address of the property involved; 2. Legal description of the property involved. 3. Brief description of the improvements situated on the property. 4. A detailed description of the construction, alteration, demolition, or use proposed together with any architectural drawings or sketches if those services have been utilized by the applicant and, if not, a sufficient description of the construction, alteration, demolition and use to enable anyone to determine what final appearance and use of the real estate will be. 14 5. Owner's name. 6. Developer's name, if different than owner. 7. Architect's name. C. All applications for a Certificate of Appropriateness shall be reviewed by the Commission at a duly called meeting within thirty (30) days of receipt. In its deliberations, the Commission shall be guided by the following standards: 1. The property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site environment; 2. The historic character of the property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided; 3. Each property shall be recognized as a physical record of its time, place, and use; 4. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken; 5. Most properties change overtime; those changes that have acquired historic significance in their own right shall be retained and preserved; 6. Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure, or site shall be treated with sensitivity; 15 7. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities, and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence; 8. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of the structures, if appropriate, shall be undertaken using the gentlest means possible; 9. Significant archaeological resources affected by the project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken; 10. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment; 11. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. 16 D. The Commission shall complete its review within thirty (30) days and forward its recommendation to the City Council for approval or denial. The Commission shall send a copy of its recommendation to the applicant. E. The City Council shall review the application and the record, report and recommendation and shall approve or deny the request for a Certificate of Appropriateness. In the event of denial of an application for a Certificate of Appropriateness, the City Community Developer Office shall notify the applicant in writing of the disapproval and the reasons, therefore, and shall recommend changes, if any, in the proposed action that would cause the City Council to reconsider its denial. Within fifteen (15) days of receipt of the notification of disapproval, the applicant may resubmit an amended application for a Certificate of Appropriateness that takes into consideration the recommendations of the Council and the Commission. This Ordinance shall be in full force and effect from and after 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. 2010. ATTEST: CITY CLERK 17 ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON, JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2010. MAYOR 18 Reviewed By: Agenda Item Number g Le al ■ ��Lly-ti,'l LYl EST. 1836 Engineer E]Finance ❑ '0- l� I� City Administrator Tracking Number :m 2O Consultant ❑ ADM 2009-43 ILL E Agenda Item Summary Memo Title: Ordinance Amending City Code Providing for Penalties for the Violation of the State Officials and Employees Ethics Act Meeting and Date• City Council 6/8/10 Synopsis: Council Action Previously Taken: Date of Action: CC 5/25110 Action Taken: tabled Item Number: Admin #6 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Ordinance No. 2010- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, PROVIDING FOR PENALTIES FOR VIOLATION OF THE STATE OFFICIALS AND EMPLOYEES ETHICS ACT WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non-home-rule municipality created in accordance with Article VII, Section 7 of the Constitution of the State of Illinois of 1970, and, WHEREAS, the City adopted Ordinance No. 2004-26 on May 11, 2004, which implemented provisions of the ,State Officials and Employees Ethics Act(5 ILCS 43011-1, et seq.) (the "Act"): and, WHEREAS, the Act provides for the imposition of significant penalties for violation of the Act, and the City now desires to enumerate these penalties. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Title 1, Chapter 12 of the United City of Yorkville Code of Ordinances is hereby amended by adding the following new Sections 6, 7, and 8 as follows: 1-12-6: ETHICS ADVISOR: A. The Mayor, with the advice and consent of the City Council, shall designate an Ethics Advisor for the City. The duties of the Ethics Advisor may be delegated to an officer or employee of the City. B. The Ethics Advisor shall provide guidance to the officers and employees of the City concerning the interpretation of and compliance with the provisions of this Ordinance and State ethics laws. The Ethics Advisor shall perform such other duties as may be delegated by the corporate authorities. 1-12-7: ETHICS COMMISSION: A. There is hereby created a commission to be known as the Ethics Commission of the United City of Yorkville. The Commission shall be comprised of three members appointed by the Mayor with the advice and consent of the City Council. No person shall be appointed as a member of the Commission who is related, either by blood or by marriage up to the degree of first cousin, to any elected officer of the City. B. At the first meeting of the Commission, the initial appointees shall draw lots to determine their initial terms. Two Commissions shall serve 2-year terms, and the third Commission shall serve a one-year term. Thereafter, all commissioners shall be appointed to 2-year terms. Commissioners may be reappointed to serve subsequent terms. At the first meeting of the Commission, the commissioners shall choose a chairperson from their number, Meetings shall be held at the call of the chairperson or any 2 commissioners. A quorum shall consist of two commissioners, and official action by the Commission shall require the affirmative vote of two members. C. The Mayor, with the advice and consent of the City Council, may remove a commissioner in case of incompetency, neglect of duty, or malfeasance in office after service on the commissioner by certified mail, return receipt requested, of a copy of the written charges against the commissioner and after providing an opportunity to be heard in person or by counsel upon not less than 10 days" notice. Vacancies shall be filled in the same manner as original appointments. D. The Commission shall have the following powers and duties: 1. To promulgate procedures and rules governing the performance of its duties and the exercise of its powers. 2. Upon receipt of a signed, notarized, written complaint, to investigate, conduct hearings and deliberations, issue recommendations for disciplinary actions, impose fines in accordance with Section 8 of this Chapter and refer violations of this Chapter to the appropriate attorney for prosecution. 3. To receive information from the public pertaining to its investigations and to require additional information and documents from person who may have violated the provisions of this Chapter. 4. To compel the attendance of witnesses and to compel the production of books and papers pertinent to an investigation. It is the obligations of all officers and employees of the City to cooperate with the Commission during the course of its investigations. Failure or refusal to cooperate with requests by the Commission shall constitute grounds for discipline or discharge. 5. The powers and duties of the Commission are limited to matters clearly within the purview of this Chapter. E. Complaints alleging a violation of this Chapter shall be filed with the Ethics Commission. 1. Within 3 business days after the receipt of a complaint, the Commission shall send by certified mail, return receipt requested, a notice to the respondent that a complaint has been filed against him or her and a copy of the complaint. The Commission shall send by certified mail, return receipt requested, a confirmation of the receipt of the complaint to the complainant within 3 business days after receipt by the Commission. The notices to the respondent and the complainant shall also advise them of the 2 date, time, and place of the meeting to determine the sufficiency of the complaint and to establish whether probable cause exists to proceed. 2. Upon not less than 48 hours public notice, the Commission shall meet to review the sufficiency of the complaint and, if the complaint is deemed sufficient to allege a violation of this Ordinance, to detenmine whether there is probable cause, based on the evidence presented by the complainant, to proceed. The meeting may be closed to the public to the extent authorized by the Open Meetings Act, The Commission shall issue notice to the complainant and the respondent of the Commission's ruling on the sufficiency of the complaint and, if necessary, on probable cause to proceed within 7 business days after receiving the complaint. If the complaint is deemed sufficient to allege a violation of Section 3 or Section 5 of this Chapter and there is a determination of probable cause, then the Commission's notice to the parties shall include a hearing date scheduled within 4 weeks after the complaint's receipt. Alternatively, the Commission may elect to notify in writing the attorney designated by the corporate authorities to prosecute such actions and request that the complaint be adjudicated judicially. If the complaint is deemed not sufficient to allege a violation or if there is no determination of probable cause, then the Commission shall send by certified mail, return receipt requested, a notice to the parties of the decision to dismiss the complaint, and that notice shall be made public. If the complaint is deemed sufficient to allege a violation of Section 2 of this Chapter, then the Commission shall notify in writing the attorney designated by the corporate authorities to prosecute such actions and shall transmit to the attorney the complaint and all additional documents in the custody of the Commission concerning the alleged violation. 3. On the scheduled date and upon at least 48 hours public notice of the meeting, the Commission shall conduct a hearing on the complaint and shall allow both parties the opportunity to present testimony and evidence. The hearing may be closed to the public only if authorized by the Open Meetings Act. 4. Within 30 days after the date the hearing or any recessed hearing is concluded, the Commission shall either (i) dismiss the complaint or (ii) issue a recommendation for discipline to the alleged violator and to the Mayor, or impose a fine upon the violator, or both. The particular findings in the case, any recommendation for discipline, and any fine imposed shall be a matter of public information. 5. If a complaint is filed during the 60 days preceding the date of any election at which the respondent is a candidate, the Commission shall render its decision as required under subsection 4 within 7 days after the complaint is filed, and during the 7 days preceding that election, the 3 Commission shall render such decision before the date of that election, if possible. 6. The Commission may fine any person who intentionally violates any provision of Section 3 or Section 5 of this Chapter in an amount of not less than $1,001 and not more than $5,000. The Commission may fine any person who knowingly files a frivolous complaint alleging a violation of this Chapter in an amount of not less than $1,001 and not more than $5,000. The Commission may recommend any appropriate discipline up to and including discharge. 7. A complaint alleging the violation of this Chapter must be filed within one year after the alleged violation. 1-12-8: PENALTIES: A. A person is who intentionally violates any provision of Section 2 of this Chapter may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined in an amount not to exceed $2,500. B. A person who intentionally violates any provision of Section 3 or Section 5 of this Chapter is guilty of a business offense and subject to a fine of at least $1,001 and up to $5,000. C. Any person who intentionally makes a false report alleging a violation of any provision of this to the local enforcement authorities, the State's Attorney, or any other law enforcement official may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined in an amount not to exceed $2,500. D. A violation of Section 2 of this Chapter shall be prosecuted as a criminal offense by an attorney for the City by filing in the circuit court any inforination, or sworn complaint, charging such offense. The prosecution shall be under and conform to the rules of criminal procedure. Conviction shall require the establishment of the guilt of the defendant beyond a reasonable doubt. A violation of Sections 3 or 5 of this Chapter may be prosecuted as a quasi- criminal offense by an attorney for the City, or, by the Commission through the designated administrative procedure. E. In addition to any other penalty that may apply, whether criminal or civil, an employee or officer who intentionally violates any provision of this Chapter is subject to discipline or discharge by the appropriate ultimate jurisdictional authority. Section 2. All ordinances or parts of ordinances conflicting with any of the provisions of this Ordinance shall be and the same are hereby repealed. 4 Section 3. if any Section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 4. 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. 2010, CITY CLERK ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2010. MAYOR 5