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Public Works Packet 2009 10-20-09 ® United City of Yorkville o � 800 Game Farm Road EST. ,E36 Yorkville, Illinois 60560 Telephone: 630-553-4350 `moo Fax: 630-553-7575 L'<Ce AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday, October 20, 2009 6:30 p.m. City Hall Conference Room Presentation: None Minutes for Correction/Approval: March 17, 2009 Items Recommended for Consent Agenda : 1 . PW 2009-96 Water Department Report for July 2009 2. PW 2009-97 Water Department Report for August 2009 3 . PW 2009-98 In-Town Road Program Phase 2 — Roadway Change Order #5 4. PW 2009-99 Merlin' s 200,000 Mile Shop — Sidewalk Agreement 5 . PW 2009- 100 Newlyweds Foods — Utility & Drainage Easement 6 . PW 2009- 101 Kalant Office — IDOT Highway Permit New Business : 1 . PW 2009- 102 Parkway Tree Replacement Program Synopsis 2. PW 2009- 103 Capital Improvement Program — Revision Request 3 . PW 2009- 104 Proposed Stormwater BMP Maintenance Ordinance 4. PW 2009- 105 Traffic Study — Caledonia 5 . PW 2009- 106 Route 47 Project — City/State Joint Agreement & MFT Appropriation Resolution 6 . PW 2009- 107 Raintree Village — Property Conveyance 7 . PW 2009- 108 Raintree Village Units 2 & 3 — Final Acceptance 8 . PW 2009- 109 Grande Reserve — Earthwork Letter of Credit Reduction Policy 9 . PW 2009- 110 Yorkville Business Center Units 2 & 3 — Final Acceptance 10 . PW 2009- 111 Public Works Committee Meeting Dates for 2010 11 . PW 2009- 112 Committee Liaison Review Public Works Committee October 20, 2009 Page 2 Old Business : 1 . PW 2009-43 Van Emmon Area Drainage — Discussion 2. PW 2009-94 Bank of America Proposal to Complete Windett Ridge Improvements — Discussion Additional Business : 2008 City Council Goals - Public Works Committee 'Interim Public Works Faciltiy. " Eric Muse Alderman Plocher Eric Dhuse "Explore gray water reuse by city. " Alderman Werderich Scott Sleezer Alderman Suteli "Biodiesel, E85, and hybrid vehicles. " ff Eric Muse Alderman Werderich Bart Olson `Bike trails and pedestrian friendly development/redevelopment, with Alderman Golinski Bart Olson focus on increasing pedestrian access to downtown from anywhere in the Alderman Werderich Joe Wywrot city and to the schools rom anywhere in the city. UNITED CITY OF YORKVILLE WORKSHEET PUBLIC WORKS COMMITTEE Tuesday, October 20, 2009 6 :30 PM CITY CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1 . March 17, 2009 ❑ Approved as presented ❑ Approved with corrections --------------------------------------------------------------------------------------------------------------------------------------- ITEMS RECOMMENDED FOR CONSENT AGENDA: --------------------------------------------------------------------------------------------------------------------------------------- I . PW 2009-96 Water Department Report for July 2009 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2009-97 Water Department Report for August 2009 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes -------------------------------------- 3 . PW 2009-98 In-Town Road Program Phase 2 — Roadway Change Order #5 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2009-99 Merlin' s 200,000 Mile Shop — Sidewalk Agreement ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2009-100 Newlywed Foods — Utility & Drainage Easement ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes 6. PW 2009-101 Kalant Office — IDOT Highway Permit ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS : 1 . PW 2009- 102 Parkway Tree Replacement Program Synopsis ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes 2. PW 2009-103 Capital Improvement Program — Revision Request ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3 . PW 2009- 104 Proposed Stormwater BMP Maintenance Ordinance ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes 4. PW 2009- 105 Traffic Study — Caledonia ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2009- 106 Route 47 Project — City/State Joint Agreement & MFT Appropriation Resolution ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2009- 107 Raintree Village — Property Conveyance ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2009- 108 Raintree Village Units 2 & 3 — Final Acceptance ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 8 . PW 2009- 109 Grande Reserve — Earthwork Letter of Credit Reduction Policy ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 9. PW 2009- 110 Yorkville Business Center Units 2 & 3 — Final Acceptance ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 10. PW 2009- 111 Public Works Committee Meeting Dates for 2010 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 11 . PW 2009- 112 Committee Liaison Review ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: 1 . PW 2009-43 Van Emmon Area Drainage — Discussion ❑ Moved forward to CC consentagenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2009-94 Bank of America Proposal to Complete Windett Ridge Improvements — Discussion ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS : --------------------------------------------------------------------------------------------------------------------------------------- UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 PUBLIC WORKS COMMITTEE MEETING City Hall, Conference Room Tuesday, March 17, 2009 —6:00 P.M. PRESENT: Chairman Joe Besco Alderman Joe Plocher Public Works Director Eric Dhuse Alderman Robyn Sutcliff City Engineer Joe Wywrot Alderman Bob Allen Doug Haig (Sunset Motel) Bob Mayer (Resident) Tony Scott (Kendall Record) Jay Labelle(Resident) PRESENTATIONS: NONE The meeting was called to order @ 6:01p.m. MINUTES FOR CORRECTION/APPROVAL: The minutes for January 20, 2009 and February 17, 2009 were reviewed and approved as presented. Items Recommended for Consent Agenda: 1. PW 2009-31 Water Department Report for January 2009 2. PW 2009-32 Water Department Report for February 2009 3. PW 2009-33 Raintree Village (Rt. 126 Improvements)—Bond Release 4. PW 2009-34 Menards Commercial Commons 5"'Addition-LOC Expiration All the items recommended for Consent Agenda will move on to City Council on Consent Agenda. NEW BUSINESS: 1. PW 2009-35 Fox Hifl/Sunflower Estates SSA Area Maintenance REP Results Annual proposals for contractors — The winning bid is awarded to Waldschmidts &Associates from Wheaton. Last year's bid was $84 an acre. This year's bid was $20.50 an acre. There was a feeling of optimism that the bid presented was too low. It was noted that there were two other bids also in the $20's. References were checked and verified. Qualifications are acceptable. This item was moved forward to consent agenda. 1 2. PW 2009-36 Rt. 47 Widening - Update Joe Wywrot discusses final design . Trail — Location of the trail has changed. Best we can do without going back to phase 1 engineering. Sections of Rt. 47 will have no trails, because there is simply not enough room. Looking for alternative off route trails, but we don't have to make these decisions right now. The city can discuss this at a much later time when they decide build this trail. Looking at city wide trail planning as well as looking at what we want to have downtown. An adhoc committee formed of businessmen and residents will be coming up with recommendations about the downtown area to send to city council that talks about what type of sidewalk treatment, lighting, etc. etc. An interesting problem that IDOT is running to downtown has to do with all the store fronts. As you walk down the streets you see steps leading up to the doorway on many of the businesses. With the amount of money that is going to be allocated towards this project, have to comply with the Federal American with Disabilities Act Requirement; there can be no steps. So that mean the sidewalk would need to be raised up. What IDOT is looking at right now is having what they call a special zone with an immediate backed up curb. IDOT is obligated to replace the parking for 20 stalls near the downtown area. The City is the lead agency as far as finding the property, preparing the plan and building the parking area, but IDOT will pay within reason. A question was brought up, if there is a residence in the downtown area that the city could acquire, what would be the appropriate way to handle this? Ultimate goal is to acquire an area for parking as close to Rt. 47 as possible. Proper steps would be to have discussions with IDOT and the property owner. Any final agreement would have to be approved by City Council. Utilities: A lot of situations where we have utilities crossing the road or parallel to the road, and now underneath the pavement. We should not be in a position of to have hundreds and hundreds of feet of 40 year old water main under a new concrete highway. We recommend we replace that water main with new stuff prior to widening Rt. 47. 2 Miscellaneous — Street lighting system that exist that was put in by IDOT back in the 70's. IDOT doesn't pay for street lighting. They will remove, but not replace it. Joe Wywrot' s recommendation is to not replace the lighting. It will cost several hundred thousand dollars to put that in. With the development in that area, there will be enough ambient lighting from the surrounding property. If it's ok, Joe would like to give that direction to IDOT to eliminate the stand alone section. Public Works committee concurs to eliminate this lighting. Guardrail - Provide guardrail at the top of the embankment on Jefferson Street. There' s going to be a 3 to 1 slope going down. Jefferson Street doesn't have any curb. If a car by chance would slide off for some reason, it would slide off onto Rt. 47. IDOT's original position is that was something that the city would need to pay for, but they may be softening their position. They may provide a barrier, but he doesn't know exactly what that may be; curbing, guardrail or something else. This item is now an informational item. Resident Jay Labell asked if the city is going to notify the residents about the parking? Joe Wywrot replied yes; the city will notify the residents. Douglas Haig from the Sunset Motel he just finished working with Smith Engineering on a program. The engineer put together what it would cost to put the sewer and the water on Rt. 47 from the west side going under to Walnut St. The reason he asked Smith Engineering to put that together, because one day that property will be available for someone else. He was in the process of purchasing that property, but the whole thing fell apart because of K&K Wells wanted their share of the money and the owners said NO. Doug is requesting to put a traffic signal at Walnut to come through Horton's property and the Sunset Motel then the property can be developed. Then the income can be given to the city. Joe Wywrot said regarding K&K Well drilling, K&K would like to get a landmark traffic signal themselves, but are unable to do so because of private driveway. Joe talked to IDOT about putting a traffic signal at Walnut and there is not enough traffic to warrant a signal. The way to go with this is for your property to access by way of landmark. Informational Item Only. 3 3. PW 2009-37 Resolution Authorizing Support for the Illinois Vacant and Abandoned Properties Act This is in support with other metro west council governors encouraging support from municipalities on this particular resolution. The committee agrees this is a good thing. This item moves to City Council for discussion. 4. PW 2009-38 Weed Abatement Procedures The committee had asked a few months ago to start looking at this to see what we can come up with. Brendan McLaughlin reviewed Aurora's and Naperville' s Procedures to get different ideas to help make ours a little less congestion. Eris Dhuse mentioned that our biggest problem last year was trying to find the owner of the property. Other municipalities put notices in the paper or directly on the property. A comment was made about the condition of the current market and that the city could be looking at a lot of empty lots. Developers are sitting on hundreds of empty lots which will continue to grow weeds. We can take action about giving notice and cutting down the weeds, but recouping the costs could take years. We also need to take a look at the budgetary constraints. Raintree subdivision approach has been to mow around the scattered limited number of units for a buffer around them but they're not going to mow around all of the empty lots. The same thing with Grande Reserve, they have acres and acres of lots. An idea was talked about at the staff level, of taking care of a lot across the street if it touches your lot and it's a vacant lot that's when you can file a complaint. But if it' s down the street in a phase and you have nothing but vacant land, how can complaints be feasible this year. Even the ones that just touch a corner of your lot, what do you do. The ones that touch the whole back or side of your yard, they can be seen as violations. At some point we need to determine what a nuisance is. Joe Wywrot mentioned that they handle these on a complaint basis. If someone was living in Raintree unit 2 complains about Raintree unit 6 a %2 mile away, do we actually go out and enforce the weed ordinance. The ordinance doesn't make any distinction a lot next door or way out yonder. We need to add an addendum or a revision to the ordinance to get some clarity of what is a nuisance and what isn't. Ideas will be discussed and decided upon. This item will be brought back to the committee with proposed changes to the ordinance. ADDITIONAL BUSINESS : 1 . A couple of concerns from the residents of Windett Ridge were shared with Joe Wyrot about drainage issues and the catch basin. Joe Wywrot to address. 2. The end of Warren St. is another concern. Eric Dhuse said if we get our miscellaneous patching that we're asking for in the budget for the various patching all over town, we're going to try and direct the drainage into the storm sewer. 4 3 . Bob Mayer inquired about the patching of Morgan & Washington. Eric Dhuse replied that it on their list. 4. Bob also thanked the Public Works Department for picking up chunks of blacktop in Mrs. Olsen's yard. ADJOURNMENT OF THE PUBLIC WORKS COMMITTEE MEETING: With no further business to discuss, the meeting adjourned. Minutes respectfully submitted by Tim Dlugopolski 5 United City of Yorkville f �s WATER DEPARTMENT REPORT JULY 2009 MONTHIYEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET FEET FEET GALLONS 3 1335 501 204 3,000 4 1393 542 188 18,076,000 7 1500 883 553 3,902,100 8 1500 861 477 11,778,000 9 1500 1125 576 24,396,000 TOTAL 58,155,100 CURRENT MONTH'S PUMPAGE IS 4,824,300 GALLONS MORE THAN LAST MONTH 6.933,900 GALLONS LESS THAN LAST YEAR DAILY AVERAGE PUMPED: 1,790,900 GALLONS DAILY MAXIMUM PUMPED: 3,300,300 GALLONS DAILY AVERAGE PER CAPITA USE: 111.9 GALLONS WATER TREATMENT CHLORINE FED: 1385.6 LBS. CALCULATED CONCENTRATION: 32 MG/L FLUORIDE FED: 503 LBS. CALCULATED CONCENTRATION: 0.23 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 18 SAMPLES TAKEN 18 SATISFACTORY UNSATISFACTORY(EXPLAIN) FLOURIDE: 3 SAMPLE(S)TAKEN CONCENTRATION: 1_01 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 3 NUMBER OF LEAKS OR BREAKS REPAIRED: 1 MXU'S 1 NEW CUSTOMERS RESIDENTIAL: 10 COMMERCIAL: 1 INDUSTRIAL/GOVERNMENTAL: 1 COMMENTS SERVICE LEAK AT 904 HEARTLAND DR. LOST 10,000 GALLONS OF WATER \,\ED CflY United City of Yorkville CRS WATER DEPARTMENT REPORT 'VI )M— q� AUGUST 2009 MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FE FE FE GALLONS 3 1335 501 205 2,575,000 4 1393 542 187 14,338,000 7 1500 883 554 3,982,200 8 1500 861 475 45,000 9 1500 1125 577 34,085,000 TOTAL 55,025,200 CURRENT MONTH'S PUMPAGE IS 3,129,900 GALLONS LESS THAN LAST MONTH 8,375 600 GALLONS LESS THAN LAST YEAR DAILY AVERAGE PUMPED: 1,671,500 GALLONS DAILY MAXIMUM PUMPED: 2,596,700 GALLONS DAILY AVERAGE PER CAPITA USE: 104.5 GALLONS WATER TREATMENT CHLORINE FED: 1462 LBS. CALCULATED CONCENTRATION: 29 MG/L FLUORIDE FED: 603.8 LBS. CALCULATED CONCENTRATION: 0.28 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 18 SAMPLES TAKEN 18 SATISFACTORY UNSATISFACTORY (EXPLAIN) FLUURIDE: 3 SAMPLE(S)TAKEN CONCENTRATION: 1.1 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 6 NUMBER OF LEAKS OR BREAKS REPAIRED: 0 MXU'S 8 NEW CUSTOMERS RESIDENTIAL: 10 COMMERCIAL: 0 INDUSTRIAL/GOVERNMENTAL: 0 COMMENTS C/r` Reviewed By: Agenda Item Number J� 0 Legal ❑ OP, � 1836 Finance El® I�ZID� Engineer l ` Tracking Number City Administrator ((�] Consultant ❑ <LE Eby ❑ Agenda Item Summary Memo Title: In-Town Road Program Phase 2—Roadway Change Order#5 Meeting and Date: October,51,0, 2009— }Ij Synopsis: This is the final-balancing change order in the amount of a $17,466.50 decrease. 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: J=`�ED C/rye Memorandum EST. 1 1836 To: Brendan McLaughlin, City dministrat �t From: Joe Wywrot, City Engineer U) CC: Sue Mika, Finance Director Lisa Pickering,Deputy City Clerk <LE Y Date: October 12, 2009 Subject: In-Town Road Program Phase 2—Roadway Change Order#5 Attached find proposed Change Order#5 for the In-Town Road Program. This change order, in the amount of a$17,466.50 decrease, is the final balancing change order for the remaining 8 of the 59 pay items for this project. Five of those pay items did not change. The other three items were for pavement striping of different width and material. While the total length of pavement striping did not change appreciably, the cost was lowered because we used thermoplastic material rather than preformed tape. Construction of this project was completed in the spring of 2008,but all parties associated with the project (the consultant, contractor, and city) forgot to follow through with the paperwork and final payout. This was probably because almost all of the work had been completed the previous fall, and in the spring of 2008 we were dealing with landscaping issues that were addressed directly with the landscape subcontractor. We never received any inquiries from the contractor concerning their final payment and never received a payout submittal from SEC Group,who was our consultant for the project. During our annual audit that was conducted recently we realized that the final payout had not been made, and therefore we have prepared this change order to finalize the project paperwork. The final project cost for the Phase 2 roadway contract for the In-Town Road Program is $1,322,059.08. We will need to make a final payment of$40,231.03 to Aurora Blacktop in order to close out the project. I called Steve Jacobsen of Aurora Blacktop and explained that there are no funds budgeted in the current fiscal year to make the final payment. I suggested that the city budget for this cost in FY 10-11 and make the payment after May 1, 2010. Steve was agreeable to that suggestion. I recommend that this Change Order#5 be approved. Please place this item on the Public Works Committee agenda of October 20, 2009 for consideration. CITY OF YORKVILLE CHANGE ORDER PROJECT NAME: 2007 In Town Road Improvement Program JOB NO.: YORK-040818.02-06 LOCATION: Final Balance CHANGE ORDER: 5 CONTRACTOR : Aurora Blacktop Inc. DATE: 10/8/2009 DESCRIPTION OF CHANGE ORDER: Final Balance in Quantities ORIGINAL CONTRACT AMOUNT: [1 ] $1 ,232,735.79 TOTAL OF PREVIOUS AUTHORIZED CHANGE ORDERS: [2] $1062789.79 CURRENT CONTRACT AMOUNT: ([1 ]+[2]) [3] $1 ,339,525.58 PROPOSED CHANGE ORDER: (PENDING APPROVAL) [4] ($17,466. 50) PROPOSED REVISED CONTRACT AMOUNT: (PENDING APPROVAL) ([3]+[4]) [5] $11322,059.08 NET OF ALL CHANGE ORDERS: (PENDING APPROVAL) ([2]+[4]) $89,323.29 TIME EXTENSION OR REDUCTION: 0 TOTAL CONTRACT TIME: (PENDING APPROVAL) RECOMMENDED FOR ACCEPTANCE : ''C �(% °3 �`j Approved By: Res� Eng' a ... Date (>$IOKor25%) Mayor Date Approved By: Contractor Date (<$1OKor25%) Village Administrator Date 10 ,✓lL (ocr Attest: Villa a ngine Date Village Clerk Date It is understood that as part of this change order that the Contractor agrees that all bonds, permits, insurance and guarantees are hereby extended to incorporate this Change Order. Page t of 2 2007 In-Town Road Improvement Program C.O. # 5 Final Final balance in quantities NO ITEM CURRENT UNIT UNIT TOTAL FINAL DIFFERENCE FINAL QUAN PRICE PRICE CLAN CLAN AMOUNT 1 Tree Removal (over) 15 Units Dia. 52 UNIT $30.50 $1 ,586.00 286.0 234.00 $8,723.00 2 Earth Excavation 4053 CU YD $40.95 $165,970.35 4,053.0 0.00 $165,970.35 3 Grading and Shaping Ditches 1781 L.F. $9.50 $16,919.50 2,025.0 244.00 $19,237.50 '4 Topsoil Furnish and Place, 4" 13661 SQ YD $3.30 $45,081 .30 13,640.0 (21 .00) $45,012.00 'S Seeding, Class 1A 3 ACRE $4,775.00 $14,325.00 3.0 0.00 $14,325.00 '6 Nitrogen Fertilizer Nutrient 252.9 LBS $1 .20 $303.48 252.9 0.00 $303.48 '7 Phosphorus Fertilizer Nutrient 252.9 LBS $1 .20 $30148 252.9 0.00 $303.48 '8 Potassium Fertilizer Nutrient 252.9 LBS $1.20 $303.48 252.9 0.00 $303.48 '9 Erosion Control Blanket 13661 SQ YD $1 .20 $16,393.20 13,640.0 (21 .00) $16,368.00 10 Heavy Duty Erosion Control Blanket 489 SQ YD $4.75 $2,322.75 0.0 (489.00) $0.00 11 Aggregate Base Course, Type B 11" 3645 SQ YD $8.45 $30,800.25 3,645.0 0.00 $30,800.25 12 Aggregate Base Course, Type B 15" 4604 SQ YD $11 .20 $51 ,564.80 4,604.0 0.00 $51 ,564.80 13 Agg. Base Course Rem.& Repl. w/ type B - 12" 4313 SQ YD $15.35 $66,204.55 3,740.0 (573.00) $57,409.00 14 Bituminous Materials (Prime Coat) 5358 GAL $1 .20 $6,429.60 6,286.0 928.00 $7,543.20 15 Aggregate (Prime Coat) 21 TON $10.00 $210.00 0.0 (21 .00) $0.00 16 Aggregate Surface Course, Type B 47.9 TON $40.00 $1,916.00 47.9 0.00 $1 ,916.00 '17 Hot-Mix Asphalt Driveway 1969 SQ YD $18.00 $35,442.00 2,119.7 150.70 $38,154.60 18 Portland Cement Concrete Driveway, 6" 175 SQ YD $45.15 $7,901 .25 386.6 211 .60 $17,454.99 "19 Portland Cement Concrete Sidewalk, Special 5" 26326 SQ FT $4.50 $118,467.00 30,256.0 3930.00 $136,152.00 20 Detectable Warnings 204 SQ FT $19.20 $3,916.80 1 ,045.0 841 .00 $20,064.00 21 Pulverize and Relay Asphalt pvm't & Bse Cse. 8" 19900 SQ YD $2.50 $49,750.00 19,900.0 0.00 $49,750.00 22 Driveway Pavement Removal 2020 SQ YD $4.25 $8,585.00 2,198.6 178.60 $9,344.05 23 Combination Curb & Gutter Removal 34 L.F. $10.00 $340.00 415.0 381 .00 $4,150.00 24 Sidewalk Removal 14432 SQ FT $1.00 $14,432.00 11 ,708.6 (272140) $11 ,708.60 25 Class D Patches, Type IV 49 SQ YD $45.00 $2,205.00 49.0 0.00 2205.00 26 Aggregate Shoulder, Type B, 8" 1036 SQ YD $10.15 $10,515.40 266.0 (77000)1 $2,699.90 27 Hot-Mix Asphalt Shoulder, 8" 2393 SQ YD $25.80 $61 ,739.40 2,393.0 0.00 $61 ,739.40 28 Hot-Mix Asphalt Mailbox Turnout 90 SQ YD $14.50 $1 ,305.00 0.0 (90.00) $0.00 29 Pipe Culverts, Type 1 , 12" 247 L.F. $30.50 $7,533.50 248.0 1 .00 $7,564.00 30 Pipe Culverts Removal 412 L.F. $16.50 $6,798.00 412.0 0.00 $6,798.00 31 Metal End Section, 12" 20 EACH $195.00 $3,900.00 11 .0 (9.00) $2,145.00 32 San. MH to be Adj. Ty-1 Fr.,CL. Chimney Seal 34 EACH $1 ,070.00 $36,380.00 34.0 0.00 $36,380.00 33 Valve Vault to be Adj. Ty-1 Fr., CL 26 EACH $750.00 $19,500.00 19.0 (7.00) $14,250.00 34 Concrete Gutter, Type A (Modified) 6093 L.F. $14.90 $90,785.70 6,460.0 367.00 $96,254.00 35 Comb. Conc. Curb & Gutter, Ty-e-6.12 1141 L.F. $20.15 $22,991. 15 1 ,319.0 178.00 $26,577.85 36 Comb. Conc. Curb & Gutter, Ty-B-674 60.8 L.F. $25.25 $1,535.20 76.0 15.20 $1,919.00 37 Steel Plate Beam Guardrail, Type B 125 L.F. $33.95 $4,243.75 125.0 0.00 $4,243.75 38 Traffic Barrier Terminal Type 1 Special (Tangent) 2 EACH $2,510.00 $5,020.00 2.0 0.00 $5,020.00 39 Traffic Control and Protection 1 LSUM $5,000.00 $5,000.00 1 .0 0.00 $5,000.00 '40 Thermoplastic Pavement Marking- Line 4" 4877 L.F. $0.85 $4,145.45 7,592.0 2715.00 $6,453.20 '41 Preformed Pavement Marking- Line 6" 1917 L.F. $5.50 $10,543.50 0.5 (1916.50) $2.75 '42 Preformed Pavement Marking- Line 24" 313 L.F. $29.50 $9,233.50 0.0 (313.00) $0.00 43 Hot-Mix Asphalt Bind. Cse., Superpave,IL-19,N50 3003 TON $45.15 $135,585.45 3,003.0 0.00 $135,585.45 44 Hot-Mix Asphalt Surf. Cse., Superpave,IL-19,N50 2250 TON $53.75 $120,937.50 2,437.0 187.00 $130,98815 45 Modular Retaining Wall System 161 SQ FT $25.00 $4,025.00 786.0 625.00 $19,650.00 46 Timber Retaining Wall Removal 300 L.F. $3.00 $900.00 300.0 0.00 $900.00 47 Concrete Step Removal 1 EACH $300.00 $300.00 1 .0 0.00 $300.00 48 Class SI Concrete Steps 2 CU YD $1 ,180.00 $2,360.00 2.5 0.50 $2,950.00 49 Reinforcing Bars 71 LBS $4.00 $284.00 71 .0 0.00 $284.00 50 Pipe Handrail (Galvanized) 42 L.F. $80.50 $3,381.00 0.0 (42.00) $0.00 51 Protective Bollard 4 EACH $300.00 $1 ,200.00 2.0 (2.00) $600.00 52 Saw Cut 1107 L.F. $2.50 $2,767.50 786.0 (321 .00) $1 ,965.00 53 Guardrail Removal 176 L.F. $10.00 $1 ,760.00 176.0 0.00 $1 ,760.00 54 Guardrail Markers, Type A 4 EACH $12.00 $48.00 4.0 0.00 $48.00 55 Inlets To Be Adjusted 43 EACH $175.00 $7,525.00 41 .0 (2.00) $7,175.00 56 Catch Basins To Be Adjusted 56 EACH $175.00 $9,800.00 49.0 (7.00) $8,575.00 57 Manholes To Be Adjusted 13 EACH $510.00 $6,630.00 13.0 0.00 $6,630.00 58 Change Order #2 1 LSUM $4,180.00 $4,180.00 1 .0 0.00 $4,180.00. . 59 Change Order #3 1 LSUM $14,658.25 $14,658.25 1 .0 0.00 $14,658.25 $13322,059.08 Refers to Items that could be subject to change, due to 2008 punch list. CURRENT CONTRACT AMOUNT $11339,525.58 FINAL CONTRACT AMOUNT I $1,322,059.08 DIFFERENCE 1 -$17,466.50 Page 2 of 2 C/py Reviewed By: Agenda Item Number J� u T Legal ❑ LI Finance ❑ EST. , � 7836 5 h5 \� Engineer Tracking Number 0� City Administrator ❑ Consultant ❑ P 4 q1� Agenda Item Summary Memo Title: Merlin's 200,000 Mile Shop— Sidewalk Agreement Meeting and Date• October 20, 2009 Public Works Committee Synopsis: This agreement obligates the property owner of the Merlin's 200,000 Mile Shop to construct sidewalk/trail along their Rt.47 frontage at a later date. 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: C/T�� Memorandum 9 EST. 1836 To: Brendan McLaughlin, City A ' 's �to t� C From: Joe Wywrot, City Engineer 7 p CC: Lisa Pickering,Deputy City C <LE Date: October 5,2009 Subject: Merlin's 200,000 Mile Shop—Sidewalk Agreement Attached find one copy of a proposed sidewalk installation covenant agreement with H&H Property Group regarding the construction of sidewalk along their Route 47 frontage.This property is located at the SE corner of Route 47 and Beaver Street. IDOT's Route 47 plans will include the construction of a 10-foot wide paved trail across the frontage of this property. If we have the property owner construct the trail now,there is a high likelihood that the trail will need to be relocated when IDOT constructs their project. This agreement obligates the property owner to construct the trail upon any of the three following conditions: 1) When sidewalks are constructed along Route 47 by others to the edge of this property. 2) Prior to the property being sold. 3) Within 6 months of a written request by the city to construct the walk. We have entered into several sidewalk agreements with property owners along Route 47. I recommend that the City Council approve this agreement, and authorize the City Administrator to sign it. Please place this item on the Public Works Committee agenda of October 20,2009 for consideration. STATE OF ILLINOIS ) COUNTY OF KENDALL ) SIDEWALK INSTALLATION COVENANT WHEREAS, the undersigned, E JA eupd (hereinafter referred to as "Owner/Developer'), is the owner of the real pr e# upo hich is now situated an improved structure (hereinafter referred to as "Property") described in the Exhibit "A", attached hereto and on incorporated herein by reference; and WHEREAS, said Property located at KI t1 in the United City of Yorkville, Kendall County, Illinois is zone Q -,.? ; and WHEREAS, the United City of Yorkville has/will heretofore issued a building permit for the construction of the improvements on said Property and, incidental thereto, requiring the installation of sidewalks along the frontage of the Property adjacent to Illinois Route 47; and WHEREAS, at the present time, public sidewalk does not exist on Illinois Route 47 in the general vicinity of the subject property and the undersigned, as the owner, has requested the United City of Yorkville that it be permitted to defer the installation of the sidewalks; and WHEREAS, the. Untied City of Yorkville has agreed to allow Owner/Developer to delay and defer the installation of this sidewalk on the Property in further accordance with the provisions of this Covenant. NOW, THEREFORE, the undersigned £ o herewith covenant and -1 agree with the United City of Yorkville that, in consideration f the City issuing the Building permit for the commercial building located on the real property described in Exhibit "A", that the undersigned, or their heirs, successors or assigns, shall cause sidewalks to be installed along the frontage of the Property along Illinois Route 47 in accordance with the Ordinances and guidelines of the United City of Yorkville, then in effect, regulating the installation of sidewalks, upon the happening of the first of the following events: (a) when sidewalks are extended along Illinois Route 47 by others to the edge of the subject property or (b) prior to the Property being sold or (c) within six (6) months written request by the United City of Yorkville for the installation of sidewalks. This Covenant shall run with the land and shall be binding upon and shall be obligatory upon the undersigned Owners, and their heirs, successors and assigns. IN }WITNESS WHEREOF, the undersigned have executed this Covenant this day of 20 OWNER/DEVELOPER: A7A�yy,� er Owner APPROVED and ACCEPTED UNITED CITY OF YORKVILLE By: City Administrator JS 11 : 12a D Johnson J " hey 6"^9533253 p.8 ° -- - L. . 'Quesiuti The West I58.82 feet of Lot Is Mock 2, in Fox Industrial Park Unit 1, in the City of Yorkville, Kendall County, Illinois and that pact of the EaA Ya of theNortheast K of Section 5, Township 36 North, Ran*go 7. East of the Third Principal Meridian described as commencing at the Southeast corner of said Lot 1 ; thence South 88 057'35° West along the South line of said Lot it a distance of 191 .04 feet for the place of beginning; thence continuing South 88°57'35" West along the South line of said Lot Is a di9mce of I58.82 feet to toe Westerly Right of Way line of Illinois State Route 47; thence South 01 003126" East along said Westerly Right of Way line, a distance of 2251 feet; thence North 88°57.35°' East, a distance of 158.82 feet; thence North 01 '03'26" West, a distance of 22.51 feet to the place of begitning in the City of Yorkville, Kendall County, Illinois. `,��D Cl)y Reviewed By: Agenda Item Number J= T Legal ❑ C� 5 EST 1 ®teas Finance ❑ wlo9 ' Engineer P Tracking Number City Administrator ❑ Consultant ❑ <LE Eby ❑ Agenda Item Summary Memo Title: Newlyweds Foods—Utility& Drainage Easement Meeting and Date: October 20, 2009 Public Works Committee Synopsis: This easement will allow the city to construct a replacement watermain, currently scheduled for FY 2011-2012. 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: C/r` Memorandum EST. 1 `, , 1836 To: Brendan McLaughlin, City A ninistr r -� From: Joe Wywrot, City Engineer 9 � O CC: Lisa Pickering, Deputy City 1 k <LE Date: September 14, 2009 Subject: Newlyweds Foods—Utility&Drainage Easement Attached find one copy of a public utility and drainage easement for the Newlyweds Foods property at 1106 S. Bridge Street. This easement will allow the city to construct a new watermain to serve the Pinewood Apartments at some future date. That project is not scheduled for construction until FY 2011-2012,but we were discussing other issues with Newlyweds Foods recently and asked for the easement at this time. The existing 4" and 2" watermains that serve this area are undersized and are not looped. Constructing the new watermain through this easement will save the cost of about 300 feet of pipe and eliminate the cost of pavement restoration in the Newlyweds parking lot. I recommend that this easement document be approved and recorded. Please place this item on the October 20, 2009 Public Works Committee agenda for consideration. Plat of Public Utility and Drainage Easement LEGAL DESCRIPTION OF P.U .&D.E. Part of the Southeast Quarter of Section 32 - 37 - 7 That part of the Southeast Quarter of Section 32, Township 37 North, Range 7 East of the Third Principal Yorkville , Kendall County, I l l i n o i s Meridian described as follows: Beginning at the Northwest corner of Lot 21 "Miller Subdivision, Yorkville, Kendall County, Illinois" said point also being the Northeast corner of Parcel One; thence South 00 Degrees, 20 Minutes, 09 Seconds West, 25 feet; thence South 89 Degrees, 18 Minutes, 51 Seconds West, 88.25 feet; thence North 00 Degrees, 41 Minutes, 09 Seconds West, 124.91 feet to the North line of Parcel Two; thence North 89 Degrees, 18 N89' 18' 51 " E Minutes, 51 Seconds East, 25.00 feet; thence South 00 25 . 00 ' Degrees, 41 Minutes, 09 Seconds East, 99.91 feet; thence I i North 89 Degrees, 18 Minutes, 51 Seconds East, 63.37 feet to the point of beginning, in the City of Yorkville, / Kendall County, Illinois and containing 0 . 1081 acre of / :169!-'J which 0.0507 acre is already part of a 15-foot wide ort Ft of perpetual easement granted by Document No. 70-1442 F' �; I_ I V?J 0 ° ° recorded May 27, 1970 for the construction and F' I I\ 11 ` _ 3 �� _ �1 O o 0) maintenance of gas, water and sewer lines located across the property. V) ' ' Willirwsubd Ilion, of Loi 9' 18 51 ' E / Kend I( endell Cor� niy, Illinois 56 . '1 :; ' 63. 37 w O O s" vide Eoecnn ni for oils , wo ,et Gild ccwtr lines ty Dcc . No . 7U- 144 'L rccoreed Mcy 7% , i �i0 p ,�0 _ - - oN. S8961f • � 88 . 0 � M O rt tI it Lo O , L , PARCEL ONE � PI1\ 02 - 32 - 480 - 00 b SCALE: 1' = 50' O I v, 50 25 0 50 I I O O ui P . U . &D . E . 0 M z (0. 1081 Acre) I II NEWLYWED FOODS PUBLIC UTILITY & DRAINAGE EASEMENT DRN. BY: JCD UNITED CITY OF YORKVILLE SHEET NO. DATE: 7 6 09 REV: SCALE: i ' = 50' 1 of 2 Plat of Public Utility and Drainage Easement Part of the Southeast Quarter of Section 32 - 37 - 7 Yorkville , Kendall County, Illinois UNITED CITY OF YORKVILLE OWNERSHIP CERTIFICATE CITY COUNCIL CERTIFICATE EASEMENT PROVISIONS STATE OFTLUlJO /S ) STATE OF ILLINOIS) PUBLIC UTILITY AND DRAINAGE EASEMENT > ss )SS COUNTY OF Cl'Ck ) COUNTY OF KENDALL) A NON-EXCLUSIVE EASEMENT IS HEREBY RESERVED FOR AND THIS IS TO CERTIFY THAT ANGELL REALTY, LLC, A DELAWARE LIMITED LIABILITY APPROVED AND ACCEPTED BY THE MAYOR AND CITY COUNCIL OF THE GRANTED TO THE UNITED CITY OF YORKVILLE, ILLINOIS TO COMPANY, IS THE FEE SIMPLE OWNER OF THE PROPERTY DESCRIBED IN THE CONSTRUCT, INSTALL, RECONSTRUCT, REPAIR, REMOVE, REPLACE FOREGOING SURVEYOR'S CERTIFICATE AND HAS CAUSED THE SAME TO BE UNITED CITY OF YORKVILLE, ILLINOIS, THIS DAY OF , 20. AND INSPECT FACILITIES FOR THE TRANSMISSION AND DISTRIBUTION SURVEYED, SUBDIVIDED, AND PLATTED AS SHOWN HEREON FOR THE USES AND PURPOSES HEREIN SET FORTH AS ALLOWED AND PROVIDED FOR BY STATUTE, OF WATER, STORM SEWERS, OVERLAND STORMWATER DRAINAGE, AND DOES HEREBY ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE SANITARY SEWERS, AND ELECTRICITY, WITHIN THE AREAS SHOWN AND TITLE THEREON INDICATED, THE UNDERSIGNED HEREBY DEDICATES FOR ATTEST: ON THE PLAT AS "PUBLIC UTILITY & DRAINAGE EASEMENT°, PUBLIC USE THE LANDS SHOWN ON THIS PLAT FOR PUBLIC SERVICES AND MAYOR CITY CLERK TOGETHER WITH A RIGHT OF ACCESS THERETO FOR THE SURFACE STORMWATER DRAINAGE. PERSONNEL AND EQUIPMENT NECESSARY AND REQUIRED FOR THE UNDERSIGNED FURTHER CERTIFY THAT ALL OF THE LAND INCLUDED IN SUCH USES AND PURPOSES. THIS PLAT LIES WITHIN THE BOUNDARIES OF YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT 115, RECORDER ' S CERTIFICATE THE ABOVE NAMED ENTITY IS HEREBY GRANTED THE RIGHT TO (Ulml) /^ r < y ENTER UPON EASEMENTS HEREIN DESCRIBED FOR THE USES DATED AT YBRKV+Ek.E, ILLINOIS THIS _/ DAY OF Sal- , z0� STATE OF ILLINOIS ) HEREIN SET FORTH AND THE RIGHT TO CUT, TRIM, OR REMOVE ANY )SS TREES, SHRUBS OR OTHER PLANTS WITHIN THE AREAS DESIGNATED Charles T. Angell manager COUNTY OF KENDALL) AS "PUBLIC UTILITY AND DRAINAGE EASEMENT" WHICH INTERFERE WITH THE CONSTRUCTION, INSTALLATION, RECONSTRUCTION, John J. Se I Secretary THIS INSTRUMENT NO. WAS FILED FOR REPAIR, REMOVAL, REPLACEMENT, MAINTENANCE AND OPERATION RECORD OF THEIR UNDERGROUND TRANSMISSION AND DISTRIBUTION 11 SYSTEMS AND FACILITIES APPURTENANT THERETO, NO PERMANENT (/ N THE RECORDER'S OFFICE 0 KENDALL COUNTY, ILLINOIS, K THIS BUILDINGS, STRUCTURES, OR OBSTRUCTIONS SHALL BE BY. DAY OF 2D_, AT O'CLOCK _M . n r Secretary CONSTRUCTED IN, UPON, OR OVER ANY AREAS DESIGNATED AS "PUBLIC UTILITY & DRAINAGE EASEMENT", BUT SUCH AREAS MAY BE NOTARY C E R T I F I C A T E USED FOR GARDENS, SHRUBS, TREES, LANDSCAPING, DRIVEWAYS, KENDALL COUNTY RECORDER AND OTHER RELATED PURPOSES THAT DO NOT UNREASONABLY STATE OF1 /ND/S ) INTERFERE WITH THE USES HEREIN DESCRIBED. // ) ss COUNTY OF `-^O®' - ) THE OCCUPATION AND USE OF THE NON-EXCLUSIVE EASEMENT /- HEREIN GRANTED AND RESERVED FOR THE ABOVE NAMED ENTITIES / / / � { � , A NOTARY PUBLIC IN AND FOR THE COUNTY BY EACH OF SUCH ENTITIES SHALL BE DONE IN SUCH A MANNER SO AND STATE AFORESAID, DO HEREBY CERTIFYTHAT &f9 0165 77/ /✓G£L L AS NOT TO INTERFERE WITH OR PRECLUDE THE OCCUPATION AND � r USE THEREOF BY OTHER ENTITIES FOR WHICH EASEMENTS ARE AND UONn1 v • SCeLV PERSONALLY KNOWN TO ME TO BE THE GRANTED AND RESERVED. THE CROSSING AND RECROSSING OF SAID EASEMENT SHALL BE DONE IN SUCH A MANNER SO AS NOT TO MANAGER AND SECRETARY OF ANGELL REALTY, LLC AS SHOWN ABOVE, INTERFERE WITH, DAMAGE, OR DISTURB ANY TRANSMISSION AND APPEARED BEFORE ME THIS DAY AND ACKNOWLEDGED THAT AS SUCH DISTRIBUTION SYSTEMS AND FACILITIES APPURTENANT THERETO OFFICERS, THEY SIGNED AND DELIVERED THE SAID INSTRUMENT AND CAUSED E THE CORPORATE SEAL TO BE AFFIXED THERETO AS THEIR FREE AND EXISTING WITHIN THE EASEMENTS BEING CROSSED OR RECROSSED. VOLUNTARY ACT AND AS THE FREE AND VOLUNTARY ACT OF SAID NO USE OR OCCUPATION OF SAID EASEMENT SHALL IMPAIR CORPORATION, FOR THE USES AND PURPOSES THEREIN SET FORTH. SURFACE DRAINAGE PATTERNS. GIVEN UNDER MY AND AND NOTARIAL SEAL THIS S?` DAY OF FOLLOWING ANY WORK TO BE PERFORMED BY THE UNITED CITY OF SaNOTARY 20� ' `OFFICIAL SEAL" YORKVILLE IN THE EXERCISE OF ITS EASEMENT RIGHTS HEREIN PUBLEEZJ NEWLYWED FOODS GRANTED, SAID CITY SHALL RESTORE THE GROUND SURFACE TO ✓ �- Wn�u� PRE-EXISTING CONDITIONS, P PUBLIC UTILITY & DRAINAGE EASEMENT DRN. BY: JCD UNITED CITY 0 F YORKVILLE SHEET N0, DATE: 7 6 09 REV: NO SCALE 2 of 2 `,�1�0 cip Reviewed By: Agenda Item Number J� a QA Legal ❑ It p Finance ❑ Engineer EST.. 1836 �O �'�� `� Tracking Number 0 I� rl y City Administrator ❑ 4P O Consultant O CE Agenda Agenda Item Summary Memo Title: Kalant Office—IDOT Highway Permit Meeting and Date: October 20, 2009 Public Works Committee Synopsis: Recommendation to authorize the Mayor and City Clerk to execute the IDOT Highway permit and pre-approve the corresponding resolution for this project. 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: „,ED CJTD 0 0 Memorandum EST. 1836 To: Brendan McLaughlin,City Administrator ^� W From: Joe Wywrot, City Engineer 0op p CC: Lisa Pickering, Deputy City Clerk <LE Date: October 15,2009 Subject: Kalant Office—IDOT Highway Permit The Kalant Office project is located at the northwest corner of Rt.47 and Center Street, immediately north of Town Square Park. This project consists of converting a residential building to an office, and includes construction of a small parking lot with a driveway out to Route 47. The site plan has been approved and construction is underway,but the property owner is still working with IDOT regarding the driveway apron for the parking lot. We understand that IDOT's review will be complete within the next several days, and at that time they will issue a "permit package” consisting of the formal permit application and a resolution form. The city will be the permittee, therefore IDOT will require that the city execute the permit and adopt the resolution, which guarantees satisfactory completion of the work. Attached find a sample copy of the typical resolution form that we are required to adopt every time we apply for an IDOT highway permit. This particular resolution was for the Cozy Corner development, and will need to be modified slightly by IDOT for the Katant Office permit. The resolution guarantees that the work will be performed satisfactorily. We will require the developer to provide a guarantee to us in the form of a bond that they will perform the work and satisfy IDOT's requirements. We are approaching the end of the construction season. If the property owner has to wait until IDOT issues the permit package,it is likely that they will miss the October Public Works Committee meeting and not receive City Council approval until late November. By that time the asphalt plants may be closed. Therefore I recommend that City Council authorize the Mayor and City Clerk to sign the IDOT highway permit application and pre-approve the corresponding resolution. Please place this permit application and resolution on the Public Works Committee agenda of October 20,2009 for consideration. Illinois Desartrnent of Trr SpoC$atic3Gl Highway Permit L District Serial No. L-tJ9bc City of Yorkville for H & JI Development (VV e) c+o Koziol Ennlneerono 1709 Onden Avenue [Narne of kPPDcont) (hialiing Address) Lisle IL 8052 I°Iereinafter termed the Applicant, (state) request permission and authority to do certain work harein described on the right-of-way of the State High°say known I' Route 4X126 Section From Station to Station Kendall County. The work. is described in detail on the attached sketch andlor as follows: Located at the Southeast Quadrant of Routes 471126. Upon approval this permit authorizes the applicant to locate, construct, operate and maintain at the above mentioned location , two bituminous surfaced commercial entrances and related improvements as shown on the attached plans which become a part herecf. Tne appiicant shall notify Jahn Humenick, Field Engineer, Phone: 630.553-7337 or the District Permit Section, Phone: 815-434-8490 t>+:renty-four hours in advance of starting any work covered by this permit. Aggregate rrinterial shall be obtained from a state approved stockpile and shall be`. SUB- BASE GRANULAR MAT ERIAL TYPE A (CA-6 GRADATION). (SEE THE ATTACHED SPECIAL PROVISIONS) It is understood that the work authorized by this permit shall be completed within 180 days after the date this permit Is 2pprovred, otherwise the permit beComes null and void. This permit is subject to the conditions and restrictions printed on the reverse side of this sheet. This perni t 15 hereby aacopted and Its provisions agreed to this Day of 20 to If. ;oSs Signed _. Applicant tvtai0.n�'A+.;tliess MB Ming Address Ci6y Stag City state SIGN AND RETURN TO: Raglan Enginser 700 East Norris Drive, Jttat+ra, 1L 61350 Approved this ploy of 201 Department of Transportation Cc Applicant f2) Field Engineer Final Irsaeotior. BY' G_p,ry nirrtctbr of 1-119lt4rayu. Ritjry n Bftni wer First: The Applicant represents all pail, in interest and shall furnish material, all work, pay all costs, and shall in a reasonable length of time restore the damaged portions of the highway to a condition similar or equal to that existing before the commencement of the described work, including any seeding or sodding necessary. Second: Thh13 proposed work shall be located and constructed 10 the satisfaction of the Region Engineer or his duly authorized representative. No revisions or additions shall be made to the proposed work on the right-of-way without the written permission of the Region Engineer. Third : The Applicant shall at all times conduct the work in such a manner as to minimize hazards to vehicular and pedestrian traffic. Traffic controls and work site protection shall be in accordance with the applicable requirements of Chapter 6 (Traffic Controls for Highway Construction and Maintenance Operations) of the Illinois Manual on Uniform Traffic Control Devices for Streets and Highways and with the traffic control plan if one is required elsewhere in the permit. All signs, barricades, flaggers etc., required for traf 3c control shall be furnished by the Applicant. The work may be done on any day except Sunday, flew Years Day, Memoriai Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day; Work shall be done only during daylight hours. Fourth: The wont performed by the Applicant is for the bona fide purpose expressed and not for the purr sc mf, nor will It result in, the parking or servicing of vehicles on the highway right-of-way. Signs located on or ov5r hanging the right-of-way shall be prohibited , Fifth: The Applicant, his successors or assigns, agrees to hold harmless the State of Illinois and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of this permit. Sixth : The Applicant shall not trim, cut or in any way disturb any trees or shrubbery along the highway without the approval of the Region Engineer or his duly authorized representative. Seventh: The State reserves the right to make such changes additions repairs and relocation's within its statutory limits to the facilities constructed under this permit or their appurtenances on the right-of``-way as may at any time be considered necessary to permit the relocation, reconstruction, widening or maintaining of the highway andlor provide proper protection to life and property on or adjacent to the State right-of-way. However, in the event this permit is granted to construct, locate, operate and maintain utility facilities on the State right-of- way, the Applicant, upon written request by the Region Engineer, shall perform such alterations or change of location of the facilities; without expense to the State, and should the Applicant fail to make satisfactory arrangements to comply with this request within a reasonable time, the State reserves the right to make such alterations or change of location or remove the work, and the Applicant agrees to pay for the cost incurred , Eighth: This permit is effective only insofar as the Department has jurisdiction and does not presume to release the Applicant from compliance with the provisions of any existing statutes or local regulations relating to the construction of such work. Ninth: The Construction of access driveways is subject to the regulations listed in the "Policy on Permits for Access Driveways to State Highways." if, in the future, the land use of property served by an access driveway described and constructed in accordance with this permit changes so as to require a higher driveway type as defined in that policy, the owner shall apply for a new permit and bear the costs for such revisions as may be required td' conform to the regulations listed in the policy- Utility inslallations shall be subject to the "Policy on Pit Accommodation of Utilities on Right-of-Way of the Illinois State Highway System." Tenth: The Applicant affirms that the property lines shown on the attached sheet(s) are true and correct and binds and obligates himself to perform the operation In accordance with the description and attached sketch and to abide by (lie policy regulations. SPECIAL PROVISIONS The state right of way shall be left in good condition, (No advertising matter shall be placed on the state fight of stavl The oetitloner, their successors , or assigns, shall maintain the' portion of the driveway on state right of way in such a manner satisfactory to the department, otherwise the department will maintain the shoulders included in the entrance driveways to the same standard that exists on adjacent shoulders, and if necessary, such areas will be. restored to the original cross section and earth shoulders. All turf areas which are disturbed during the course of this work shall be restored to the original line and grade and be promptly seeded in accordance with Standard State Specifications. %Nnenever any of the work under this permit Involves any obstruction or hazard to the free flow of traffic in the normal traffic lanes, plans for the proposed method of traffic control must be submitted to and approved by the Regional Engineer at least 72 hours, and preferably longer, before the start of work, All traffic control shall be In accordance with the State of Illinois Manual of Uniform Traffic Control Devices and amendments thereof. It should be noted that standards and typical placement of devices shown in the Uniform Manual are minimums- Many locations may require additional or supplemental devices. The petitioner agrees to furnish the necessary barricades , lights, and flagmen for the protection of traffic. Traffic shall be maintained at all times . The applicant agrees to notify the Department of Transportation upon completion of work covered under the terms and conditions of this permit so that a final inspection and acceptance can be made. To avoid any revisions to the work completed under the highway permit, the applicant should insure the conditions unu , A.�,aric�tions of this pe*nnit, the applicable supplemental permit specifications and permit drawing are fully understood. if this permit work is contracted out, it will be the responsibility of the applicant to furnish the contractor with a copy of this highway permit as the applicant will be responsible for the contractor's work. A copy of approved permit shall be present on job site at at! times the work is in progress. The department reserves the right to reject or accept any contractor hired by the applicant, No person, firm , corporation or institution , public or private , shall discharge or empty any type of sewage, including the effluent from septic tanks or other sewage treatment devices , or any other domestic, mrnmercial or industrial waste, or any putresciole liquids , or cause the same to be discharged or emptied in any manner into open ditches along any public: street or highway. or into any drain or drainage structure installed solely for street or highway drainage purposes. All exc=vations shall be promptly backfilled thoroughly tamped and any excess material removed from the state right of way (including rock exposed during backfilling operations). Mounding or crowning of backrill will not be permitted . All material or equipment stored along the highway shall be, placed as remote as practical from the edge of pavement in a manner to minimize its being a hazard to errant vehicles or an obstacle to highway maintenance, If material is to be stored on the highway right of way for more than two weeks prior to installation, written approval must be obtained from the department. RESOLUTION Wit' WHEREAS, the United City of Yorkville is located in the county of Kendal!, state of Illinois, wishes to construct two commercial entrances and related improvements along Illinois 47I126 which by law comes under the jurisdiction and control of the Department of Trans por talien of the state of Illinois , and WHEREAS, a permit from said department is required before said work can be legally undertanen by said United City of Yorkville; now THEREFORE, be it resolved by the United City of Yorkville , county of Kendall , state of Illinois . FIRST; That we do hereby request from the Department of Transportation, state of Illinois a permit authorizing the "United City of Yorkville to proceed with the work herein described and as shown on enclosed detailed plans , SECOND, Upon completion of the commercial entrances by the developer and acceptance by the city, the clay guarantees that all work has been performed in accordance with the conditions of the permit to be granted by the Department of Transportation of the state of Illinois. Further, the city will hold the state of Illinois harmless for any damages that may occur to persons or property during such work. The city will require the developer to obtain a bond and a comprehensive general liability insurance policy in acceptable amounts and will require the developer to add the State of Illinois as an additional insured on both policies. THIRD: That we hereby state that the proposed work is not, (delete one) to be performed by the employees of the United City of Yorkville, FOURTH : That the proper officers of the United City of Yorkville are hereby instructed and authorized to sign said permit in behalf of the United City of Yorkville; I , J F\ct5 , s vw s st4t , hereby certify the above to be a City Clerk true copy of the resolution passed by the City Council of the United City of Yorkville, county of Kendall. State of Illinois. Dated this ` dwaf A. D. 2006 �— (Signature) (CORPORATE SEAL) R soluri0N' X C/py Reviewed By: Agenda Item Number J� 0+ Legal ❑ �� 1 EST. 1636 Finance F-1 Engineer ❑ Tracking Number City Administrator ❑ Consultant ❑❑ PV� .2 ooq - I Oa ttE Agenda Item Summary Memo Title: Parkway Tree Replacement Program Synopsis Meeting and Date• PW Committee—October 20, 2009 Synopsis: Project completion report and suggestions for next year. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: none Council Action Requested: none Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: e"D CIP ,2 ®� Memorandum EST. 1836 To: Public Works Committee v1 From: Laura Haake, City Park Designer �, p CC : Eric Dhuse, Travis Miller, Brendan McLaughlin, Scott Sleezer, Joe Wywrot <LE fie` Date: October 20, 2009 Subject: Yorkville 50/50 Tree Replacement Program The first year of the parkway tree program is complete. We had a total of 26 trees sold and planted this fall. After the order period was closed, faxes were sent to area nurseries to obtain quotes for the selected trees. Two nurseries were chosen based on availability and price for the trees. The nurseries were Poplar Farms in Waterman and Pulfer' s in Sheridan. Community Development staff went and tagged the trees and Public Works picked up the trees once they were ready. Public Works then called JULIE to locate utilities, staked an approximate location of the tree, and residents called either Public Works or Community Development if they had questions/comments about the location, or if they wanted to move it to another spot. Public Works staff then planted the trees at the end of September. Staff would like to prepare documents for next year' s program, with slight modifications. First, we would add a line item on the order form that allows the resident to indicate if there is and existing tree or stump on the site that needs to be removed. If there is an existing tree, City staff would have to visit and verify that the tree needs to be removed due to death, disease, or age, or that a stump exists and needs to be pulled. Only unhealthy trees will be removed. Second, the list of trees will be revised to eliminate certain types of Linden or other species that are preferred snacks of the Japanese Beetle. Staff will work with nurseries for species recommendations. Residents have already been inquiring about next year's program. After the aforementioned modifications are made, Staff would like to post the program on the internet for the 2010 year, with again a limit of 36 parkway trees being planted. 0 C/r` Reviewed By: Agenda Item Number T Legal ❑ h'6 pj Finance ❑ EST. , _ 7836 ,I:_ I Engineer :" Tracking Number p I� 1. City Administrator ❑ Consultant ❑ ❑ Ills Agenda Item Summary Memo Title: Capital Improvement Program —Revision Request Meeting and Date: October 20, 2009 Public Works Committee Synopsis: This request from Aldeperson Spears is to modify the Capital Improvement Program by changing the schedule for two roadway projects. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: None Council Action Requested: None Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: ,QED C/Ty _` LL o Memorandum EST � 836 To: Brendan McLaughlin, City Administrate.__ From: Joe Wywrot, City Engineer - �9 �l p CC: Lisa Pickering, Deputy City Clerk <CE ��• Date: September 21, 2009 Subject: Capital Improvement Program—Revision Request Attached find a request from Alderperson Spears to modify the Capital Improvement Program regarding the roadway rehabilitation projects for W. Kendall Drive, Anderson Court, Strawberry Lane, and Conover Courts. The revision would be to move these projects from FY 2013-2014 to FY 2011-2012. Also attached find a copy of the current roadway capital improvement program. Please place this item on the October 20, 2009 Public Works Committee for consideration. Page I of 1 Joe Wywrot From: rosea00 @aol.com Sent: Sunday, September 20, 2009 9: 17 PM To: Brendan McLaughlin; Joe Wywrot Subject: 6-Year Capital Improvement Program Upon my review of the proposed program, I would like to request West Kendall Drive/Anderson Court and Strawberry Lane/Conover Court be moved to 2011 -2012. These streets are located in one of the oldest subdivisions of Yorkville and are in dire need of repair. Also, please explain Item f) in 2014-2015 "Countryside Subdivision - Units 9 & 10". Thank you. Rose Spears Alderperson, Ward 4 9/21 /2009 Proposed Street Capital Improvement Program 01 -Sep-09 Funding Source Year Proiect General Fund MFT Developer FAU Total 09-10 a) Rt.34/Sycamore - Permanent Traffic Signal (design) $30,000 $30,000 b) Fox Road (Rt.47 - Poplar) - construction $ 140,000 $430,000 $570,000 c) Misc. Guardrail Repairs $25,000 $25,000 d) Game Farm - Somonauk (ROW acquisition) $100,000 $100.000 Sub-Total $295,000 $430,000 $725,000 10-11 a) Game Fanm/Somonauk - Phase 3 Engineering $70,000 $ 160,000 $230,000 b) Game Farm/Somonauk - construction $3,750,000 $2,275,000 $6,025,000 c) Game Farm/Somonauk - Streetlight design $25,000 $25,000 d) Rt.34/Sycamore - Permanent Traffic Signal (construction) $200,000 $200,000 e) Faxon Road extension to Route 47 - ROW Acquisition $85,000 $85,000 f) Misc. Street Patching $50,000 $50,000 Sub-Total $3,910,000 $270,000 $2,435,000 $6,6159000 11-12 a) Route 47 non-participating street costs $920,000 $200,000 $ 1 , 120,000 b) (streetlights, traffic signals, sidewalks, Jefferson Street, etc.) c) River Road Bridge @ Blackberry Creek - Phase 1 Engrg. $50,000 $200,000 $250,000 d) Powers Ct. $75,000 $75,000 e) Countryside Parkway (Center - W. Kendall) $ 110,000 $110,000 fl Asphalt Pavement Treatment $50,000 $50,000 g) Crack Sealing $20,000 $20,000 h) Game Farm/Somonauk - streetlight construction $100,000 $ 100,000 i) Kennedy Road (Christy to Grande Reserve) $200,000 $ 1 , 100,000 $ 1 ,300,000 j) Faxon Road extension to Route 47 - design $15,000 $15,000 Sub-Total $1 ,455,000 $285,000 $ 1 ,100,000 $200,000 $3,040,000 12-13 a) Asphalt Pavement Treatment $60,000 $60,000 b) Crack Sealing $25,000 $25,000 c) River Road Bridge @ Blackberry Creek - Phase 2 Engrg. $250,000 $250,000 d) In-Town Road Program (Phases 3 & 4) - design $350,000 $350,000 e) Misc- Street Patching $50,000 $50,000 f) Faxon Road Extension to Rt.47 - construction $ 1 ,000 $ 1 ,039,000 $ 1 ,040,000 g) SW Regional Roadway Improvements - design $ 160,000 $ 160,000 h) Wildwood Phase 1 streets $200,000 $200,000 i) Comeils Road (Beecher to Route 47) - design $20(L000 $200,000 Sub-Total $660,000 $276,000 $1 ,399,000 $2,335,000 13- 14 a) Asphalt Pavement Treatment $60,000 $60,000 b) Crack Sealing $30,000 $30,000 c) River Road Bridge @ Blackberry Creek - ROW Acquisition $100,000 $100,000 d) Wildwood Phase 2 streets $150,000 $ 150,000 e) Strawberry Lane/ConoverCt $150MO $ 150,000 t) W. Kendall Drive & Anderson Court $250,000 $250,000 g) Kennedy Road (RR tracks to Galena) $1 ,430,000 $1 ,430,000 h) Mill Road (Kennedy to east end Grande Reserve) $2,640,000 $2,640,000 i) Greenbriar Road Extension $700,000 $700,000 j) Pavillion Road Improvements (Fox - Rt.71) $1 ,400,000 $ 1 ,400,000 k) In-Town Road Program (Phase 3) - construction $2,500,000 $2,500,000 1) Streetlight Construction (Various Locations) $50,000 $50,000 Sub-Total $3,260,000 $30,000 $6, 170,000 $9,460,000 14-15 a) Asphalt Pavement Treatment $60,000 $60,000 b) Crack Sealing $35,000 $35,000 c) Misc. Street Patching $50,000 $50,000 d) River Road Bridge @ Blackberry Creek - Phase 3 Engrg. $44,000 $176,000 $220,000 e) River Road Bridge @ Blackberry Creek - construction $440,000 $ 1 ,760,000 $2,200,000 f) Countryside Subdivision - Units 8 & 9 $200,000 $200,000 g) In-Town Road Program (Phase 4) - construction $2, 100,000 $2, 100,000 h) Comeils Road (Caledonia to Route 47) - Construction $600,000 $600,000 i) Kennedy Road (Bristol Ridge to RR tracks) $2,540,000 $2,540,000 j) E. Kendall Drive & Mulbem Court $250,000 $250,000 k) Streetlight Construction (Various Locations) $50,000 $50,000 1) Freemont (Spring-Walnut) & Somonauk (Liberty-McHugh) $300,000 $300,000 m) Kennedy Road (Autumn Creek to Bristol Ridge Road) $600.000 $600,000 Sub-Total $3,010,000 $519,000 $3,740,000 $1 ,936,000 $9,205,000 Streets Total $ 12,295,000 $1 ,675,000 $ 12,409,000 $5,001 ,000 $31,380,000 \fie D C/P Reviewed By: Agenda Item Number J� i Z l' � Legal ❑ �`� ' � EST. �� 1836 Finance ❑ Engineer (��1 ` 1"te9 Tracking Number City Administrator ❑ Consultant ❑❑ Agenda Item Summary Memo Title: Proposed Stormwater BMP Maintenance Ordinance Meeting and Date: October 20, 2009 Public Works Committee Synopsis: This ordinance will help us comply with some of the requirements of our NPDES stonnwater permit that is issued by the Illinois EPA. 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: 0 C/pr p� Memorandum EST. 1 �� 1836 To: Brendan McLaughlin, City dmirlis�ra or From: Joe Wywrot, City Engineer p CC: Kathy Orr, City Attorney Lisa Pickering, Deputy City Clerk I.E Date: October 12, 2009 Subject: Proposed Stormwater BMP Maintenance Ordinance Attached find a copy of a proposed ordinance regarding post-construction maintenance of stormwater best management practices (BMP's). This ordinance will help us achieve one of the goals required by our NPDES stormwater permit that was issued by the Illinois EPA. Our National Pollutant Discharge Elimination System (NPDES)permit requires the city to create a stormwater management program that consists of six control measures in order to improve stormwater quality. Those control measures briefly summarized as follows: I. Public Education Implement a public education program to distribute education materials to the community. 2. Public Involvement Provide opportunities for the community to participate in activities that promote good stormwater quality. In our April audit the IEPA cited the Green Committee as an excellent example of public involvement. 3. Illicit Discharge Detection and Elimination Create a map of city storm sewers to identify outfall locations, and inspect outfalls on a regular basis. 4. Construction Site Stormwater Runoff Control Adopt measures to reduce erosion and sedimentation problems related to construction. 5. Post-Construction Stormwater Mana eg ment Adopt measures to minimize stormwater runoff from new development and redevelopment. These measures must ensure that appropriate controls are in place to preserve natural elements incorporated into the design of developments. 6. Pollution Prevention/Good Housekeeping Develop and implement training and operational programs for city employees to reduce the occurrence of pollution during maintenance activities. These programs could be related to items such as storage yard maintenance, snow removal, surface restoration following utility repairs, catch basin cleaning, and use of pesticides and herbicides. The attached ordinance will help us comply with Control Measure No. 5. It addresses the problem of items such as naturalized basins or buffer areas falling into disrepair due to neglect or damage by adjacent property owners. Please place this ordinance on the October 20, 2009 Public Works Committee agenda for consideration. Ordinance No. AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AMENDING THE CODE OF ORDINANCES TO PROVIDE FOR REGULATING POST-CONSTRUCTION MAINTENANCE OF STORMWATER BEST MANAGEMENT PRACTICES 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, pursuant to 35 Ill. Administrative Code, Subtitle C, Chapter 1 , the United City of Yorkville storm sewer system has been identified by the Illinois Environmental Protection Agency (IEPA) as a Small Municipal Separate Storm Sewer System (MS4); and, WHEREAS, the IEPA has issued a National Pollutant Discharge Elimination System (NPDES) General Storm Water Permit for the United City of Yorkville' s Small MS4; and, WHEREAS, said NPDES permit requires the United City of Yorkville to adopt an ordinance or other regulatory mechanism related to post-construction runoff minimum control measures; and, WHEREAS, proper maintenance of stormwater Best Management Practices are essential to minimizing the pollutant content of storm water discharges to receiving streams, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1 . That the United City of Yorkville Standards for Regulating Post- Construction Maintenance of Stornwater Best Management Practices, dated October 12, 2009, a copy of which is attached as Exhibit "A", is hereby approved and adopted. Section 2. This ordinance shall be in full force and effect upon its passage, approval and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2009. ATTEST: CITY CLERK 1 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. 2009. MAYOR 2 Exhibit "A" Oct. 12, 2009 UNITED CITY OF YORKVILLE STANDARDS FOR REGULATING POST-CONSTRUCTION MAINTENANCE OF STORMWATER BEST MANAGEMENT PRACTICES This document sets standards for maintenance of Best Management Practices which shall be used to meet the requirements of the National Pollutant Discharge Elimination System and the Illinois Environmental Protection Agency Small Municipal Separate Storm Sewer Systems (MS4' s). Section 1. Definitions For the purposes of these standards, the following definitions are adopted: 1 . Best Management Practice - Any technique, process, activity, or structure used to reduce the pollutant content of a storm water discharge. Best Management Practices (BMP' s) may also include nonstructural methods, such as good housekeeping and preventive maintenance. BMP' s may also include structural modifications, such as the installation of bio-retention measures. BMP' s are most effective when used in combination with each other, and customized to meet the specific needs (drainage, materials, activities, etc.) of a given operation. 2. Development - Any man-made change to real estate including, but not limited to: a. More than fifty percent (50%) increase in impervious area of an existing building and/or the affected parcel. b. Installation of utilities, construction of roads, bridges, culverts or similar projects. c. Construction or erection of levees, dams, walls or fences. d. Drilling, mining, filling, dredging, grading, excavating, paving, or other alterations of the ground surface. e. Storage of materials including the placement of gas and liquid storage tanks, and channel modifications or any other activity that might change the direction, height, or velocity of flood or surface waters. £ Development does not include routine maintenance or existing buildings and facilities, resurfacing roads, or gardening, plowing, and similar practices that do not involve filling, grading, or construction of levees. 3 3 . Responsible Party — The developer, organization, property owner or entity owning the property upon which the stormwater Best Management Practice is located. 4. Violation- The failure of a developer, organization, property owner, or other entity to be fully compliant with the City' s Post-Construction Stormwater BMP Maintenance ordinance. Section 2. Best Management Practices Examples of structural stonnwater BMP' s include but are not limited to: Application Benefit Buffer Strips Provides additional distance between homes and natural areas; attenuates runoff rates and promotes infiltration. Created Wetlands Can move existing wetlands and re-create at a new location. Infiltration Trenches Attenuates runoff rates and promotes infiltration. Naturalized Basins Attenuates runoff rates and promotes infiltration. Sand Filters Allows additional water infiltration. Stream Bank Reinforcement Reduces long-term erosion of stream banks. Turf Reinforcement Mat Prevents rainfall from washing away plant seeds. Vegetated Filter Strips Attenuates runoff rates and promotes infiltration. Examples of non-structural stormwater BMP' s include but are not limited to : Method Education and enforcement campaigns Educational and participation programs Pollution prevention practices and procedures (street sweeping, fertilizer control, etc.) Regulatory controls Stormwater drain stenciling Strategic planning Town planning controls Training programs Section 3. Implementation 1 . All re-development of existing properties and all development of previously undeveloped properties shall incorporate stormwater Best Management Practices (BMP 's) into the design, construction, and maintenance of those properties. The final design of stonnwater BMP' s is subject to city approval. Said BMP' s shall vary based on specific characteristics of the property, and may include but are not limited to grassy swales, disconnected impervious areas, minimization of impervious areas, green roofs, naturalized stormwater basins, etc. 4 Section 4. Inspections 1 . All responsible parties shall adequately maintain and/or perform the stommwater BMP' s that have been incorporated into the design of their property. Said stormwater BMP 's shall be subject to inspection by the city at least once a year. Section 5. Easements 1 . All stormwater BMP ' s shall be maintained continuously by the responsible party. Easements shall be dedicated and/or formal stormwater BMP maintenance plans established as appropriate for maintenance and/or performance of stormwater BMP' s. Section 6. Pre-existing Facilities 1 . Most stormwater facilities in existence prior to the adoption of these standards inherently result in some improvement to stormwater quality. Therefore, such facilities shall be maintained by the responsible party to a condition indicated by their original design. No changes shall be made to tributary conveyances, basins, or outfalls without specific approval from the city. Section 7. Administration 1 . The City Administrator or his/her designee shall be responsible for the general administration of these standards and ensure that all development and/or maintenance activities within the United City of Yorkville meet the requirements of these standards. Specifically, the City Administrator or his/her designee shall : a. Perform periodic site inspections of all properties that have stormwater BMP 's incorporated into their design to ensure compliance with this ordinance. b. Meet with the appropriate persons regarding construction and/or maintenance of stormwater BMP' s as necessary to ensure that they understand their responsibilities regarding stormwater BMP' s. c. At his/her discretion, issue a stop-work order requiring the suspension of the subject development or activity if there is a violation of these standards. The stop-work order shall be in writing, indicate the reason for the issuance, and shall order the action, if necessary, to resolve the circumstances requiring the stop-work order. d. Arrange for city forces or contractors to mitigate/repair any damage to stormwater BMP ' s if the responsible party does not perform the work within 60 days (or other timefranre specified by the city) of a written request from the city to do so. The cost of this work shall be bome by the responsible party. 5 e. If the responsible party does not perform the work or reimburse the city within the specified timeftame, the City Administrator or his/her designee shall prosecute the responsible parties through the administrative adjudication process or other available means. Section 8. Variances 1 . If a responsible party feels that these standards place undue hardship on a specific development proposal or property, the responsible party may apply to the City Administrator for a variance. The City Administrator or his/her designee shall review the applicant's request for a variance and shall submit his/her recommendation to the City Council. The City Council may attach such conditions to granting of a variance as it deems necessary to further the intent of these standards. 2. No variance shall be granted unless the applicant demonstrates that all of the following conditions are met. a. An exceptional hardship would result if the variance were not granted. Economic hardship is not a valid reason to grant a variance. b. The relief requested is the minimum necessary. c. The applicant' s circumstances are unique and do not establish a pattern inconsistent with the intent of the city' s NPDES General Storm Water Permit. Section 9. BMP Maintenance Lien and Foreclosure 1 . Lien Claim: Unpaid charges for stormwater BMP maintenance may result in a lien to be filed upon the property. Whenever a bill for such charges remains unpaid for thirty (30) days after it has been rendered, the clerk may file with the recorder of deeds of Kendall County a statement of lien claim. This statement shall contain a legal description of the property, the expenses and costs incurred and the date when the weeds were cut, and a notice that the city claims a lien for the amount of such expense. 2. Notice Of Lien Claim : Notice of such lien claim shall be mailed to the responsible party at the last known address of such responsible party; provided, however, that failure of the clerk to record such lien claim or to mail such notice, or the failure of the responsible party to receive such notice, shall not affect the rights of the city to collect for such charges as provided in this section; nor shall the failure of the responsible party to receive such notice affect the right of the city to foreclose for the lien for such charges. 3 . Foreclosure Of Lien: a. Property subject to a lien for stornwater BMP maintenance charges may be sold for nonpayment of the same, and the proceeds of such sale shall be 6 applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens. b. The city attorney is hereby authorized and directed to institute such proceedings, in the name of the city, in any court having competent jurisdiction over such matter, against any property for which such bill has remained unpaid thirty (30) days after it has been rendered. Section 10. Conflicts 1 . These standards do not repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this ordinance and other easements, covenants or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Section 11. Separability 1 . The provisions and sections of these standards shall be deemed separable and the invalidity of any portion of these standards shall not affect the validity of the remainder. 7 `,CEO C/Ty Reviewed By: Agenda Item Number J= t T Legal ❑ NF� t#L� Finance ❑ 1 EST. ', 1836 Engineer ❑ Tracking Number City Administrator ❑ Consultant ❑❑ G K <LEc Agenda Item Summary Memo Title: Traffic Study—Caledonia Meeting and Date: October 20, 2009 Public Works Committee Synopsis: Recommendation to add yield signs at various intersections in Caledonia. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: None Council Action Requested: None Submitted by: Jackie Dearborn Engineering Name Department Agenda Item Notes: Cary ,2 0 Memorandum esr. 1I 1836 To: Joe Wywrot, City Engineer -� From: Jackie Dearborn, Civil Engineer Cc: Brendan McLaughlin, City Administrator Harold Martin, Police Chief Eric Dhuse, Director of Public Works Date: September 29, 2009 Subject: Caledonia Signage The Caledonia subdivision currently has a single stop sign at the intersection of Caledonia Drive and Comiels Road. There is no other signage throughout the subdivision and no additional stop signs are recommended at this time. However, I would recommend placing yield signs to assign right-of-way at the following locations: 1. On the northeast and southwest corner of Caledonia Drive and Ryan Court/Ryan Drive requiring vehicles traveling east on Ryan Drive and west on Ryan Court to yield to vehicles traveling north and south on Caledonia Drive. 2. On the northeast and southwest corner of Caledonia Drive and Ryan Drive/Longview Drive requiring vehicles traveling in the east/west direction on Caledonia Drive to yield to vehicles traveling north and south on Ryan Drive/Longview Drive. School bus stops are located on both of these corners in Caledonia. A third bus stop exists in the middle of the block of Fontana Drive. A yield sign is recommended on the approach to an intersection to signal that vehicles need to slow down or stop to avoid interfering with conflicting traffic. Vehicles approaching a "T"intersection should already be slowing down to make sure the intersection is clear before proceeding to turn onto the through street. However,there are two"T" intersections at the south end of the Caledonia subdivision that may benefit from a yield sign: 3. On the northwest corner of Longview Drive and Shadow Wood Drive requiring vehicles traveling south on Longview Drive to yield to vehicles traveling east and west on Shadow Wood Drive. 4. On the southwest corner of Shadow Wood and Wheaton Avenue requiring vehicles traveling east on Shadow Wood Drive to yield to vehicles traveling north and south on Wheaton Avenue. There have been no accidents reported to date in the Caledonia subdivision and the volume of traffic is very low. The construction of homes for Phase I is nearly half complete while the streets in Phase 3 have not yet been constructed. Once the subdivision is completely built-out, a reevaluation of the signage may be necessary. Please place this on the Public Works Committee agenda for the October 20, 2009 meeting for consideration. If you have any questions concerning this matter, please see me. -dj Pr .law I- I ov I� q.3 q5� P?A A fill Mm ocaffom Reviewed By: Agenda Item Number J� 1 00 Legal ❑ f3 � EST. , ® 1996 Finance ❑ Engineer '' Tracking Number 0� City Administrator ❑ as D Consultant ❑ PW &Qbcq- I C)lp m� SCE `��, ❑ Agenda Item Summary Memo Title: Route 47 Project—City/State Joint Agreement &MFT Appropriation Resolution Meeting and Date: October 20, 2009 Public Works Committee Synopsis: This proposed agreement is for acquisition of the property at the NW corner of Rt.47 and Somonauk street, and for demolition of the house on that property. 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: Memorandum EST. 1836 To: Brendan McLaughlin, City Adpimstratcw From: Joe Wywrot, City Engineer CC: Sue Mika, Finance Director CE`;�� Lisa Pickering, Deputy City Clerk Date: October 6,2009 Subject: Route 47 Project—City/State Joint Agreement &MFT Appropriation Resolution Attached find one copy of a letter from IDOT dated September 28, 2009 regarding a proposed City/State joint agreement for the acquisition of the property at the northwest corner of Route 47 and Somonauk Street. This entire property, which currently has a single-family house located on it,has been identified by IDOT for acquisition due to their Route 47 project. Since acquisition of the property also benefits the city's Game Farm Road/Somonauk Street project, a tentative agreement was reached earlier this year to equally share the cost of the building demolition. IDOT would pay 100% of the cost of acquiring the property. IDOT had previously estimated the demolition cost at $30,000. The attached agreement estimates that cost at$40,000, with the city obligated to pay 50%of actual cost. Exhibit No.2 to the agreement is an MFT appropriation resolution in the amount of$20,000 to pay for the city's share of this agreement. I recommend that this City/State joint agreement and the corresponding MFT appropriation resolution be approved. Please place this item on the October 20, 2009 Public Works Committee agenda for consideration. Illinois Department of Transportation Division of Highways / Region 2 / District 3 700 East Norris Drive / Ottawa, Illinois / 61350-0697 Telephone 8151434-6131 September 28, 2009 The Honorable Valerie Burd Mayor of Yorkville 800 Game Farm Road Yorkville, IL 60560 City-State Joint Agreement Illinois 47 (FAP 326) @ Somonauk Street (FAU 1550) State Section (13C)DM Kendall County (City of Yorkville, IL) Dear Mayor Burd: The Illinois Department of Transportation, District 3 office in Ottawa, has been in contact with Mr. Joe Wywrot and other Yorkville city staff regarding proposed improvements to Illinois 47 and the Game Farm Road/Somonauk Street projects within Yorkville. Subsequent to various discussions, this office has prepared a joint city-state agreement, of which five copies are enclosed, for review and execution by the Yorkville City Council. The agreement specifically addresses the purchasing of property located on the northwest quadrant at the intersection of Illinois 47 and Somonauk Street. Additional right of way will be needed to accommodate both the city's proposed improvement of Somonauk Street and the state's future widening of Illinois 47. Because the right of way purchase and demolition of the existing structure are in the best interests of the city and state, there is a share of cost relating to this matter. The IDOT, District 3 office staff has been in contact with the affected resident and is nearing completion of formally purchasing of the property. The state will assume full cost of the purchase. It has been mutually agreed that the city and state will equally share the cost of demolition to the dwelling. Total estimated cost for removal of the building is approximately $40,000, which equates to a 50 percent city cost share of $20,000. Demolition of the residence is tentatively scheduled to occur in summer 2010. Please review the attached agreement. If you and the city council agree to the content of the document, please approve three copies and return them to the IDOT, District 3 office in Ottawa, each with the required original signatures and The Honorable Valerie Burd September 28, 2009 Page 2 certification seals. If you have any questions regarding the agreement, feel free to contact Mr. Lou Paukovitz of this office at (815) 434-8473. Your assistance in this matter is appreciated. Sincerely, George F. Ryan, P. E. Deputy Director of Highways, Region Two Engineer By: Dan L. Mestelle, P. E. Program Development Engineer cc: Brendan Mc Lachlan, Yorkville City Administrator Joe Wywrot, Yorkville City Engineer Illinois 47 (FAP 326) Section ( 13C) DM Kendall County (City of Yorkville, IL) C-93-065-05 J 310001 AGREEMENT This agreement is entered into by and between the State of Illinois, through its Department of Transportation, hereinafter called the STATE, and the United City of Yorkville of Kendall County, Illinois; hereinafter called the CITY. WITNESSETH : WHEREAS, the STATE and CITY, in order to facilitate the free flow of traffic and ensure safety to the traveling public, are desirous to the future improvements of Illinois 47/Bridge Street (FAP 326) and Somonauk Street (FAU 1550). WHEREAS, as a local STPU federal project, it is the intent of the CITY to improve Game Farm Road/Somonauk Street (FAU 1550) ; constructing a three lane curb and gutter pavement section from US 34 southerly and easterly to Illinois 47. WHEREAS , the STATE is currently developing plans and acquiring rights of way for the proposed widening of Illinois 47 (FAP 326) , also known as Bridge Street, from Illinois 71 northerly to US 34. WHEREAS, for the betterment of both these CITY and STATE sponsored highway projects, that a parcel of property be purchased and an existing residential home be permanently removed . The said property and building is located at the northwest quadrant of the intersection of Illinois 47 and Somonauk Street; hereinafter referred to as the PROPERTY (see location map attached hereto as Exhibit # 1 ) . Acquisition of the PROPERTY will accommodate the improvement of the intersection, which includes the addition of traffic lanes, new traffic signals and a 10 foot wide bituminous recreational trail . WHEREAS , the STATE will assume 100 percent cost of acquiring the PROPERTY. WHEREAS, the CITY and STATE have agreed to equally share in the cost of the removal of the existing building located on the PROPERTY. WHEREAS, this agreement relating to the acquisition of the PROPERTY and removal of building is separate and not a part of the forthcoming contracts relating to the described CITY's improvement of Game Farm Road/Somonauk Street and/or the STATE's Illinois 47 project. WHEREAS, this land acquisition and building removal project is hereby identified under Illinois 47 (FAP 326) , State Section ( 13C) DM, Contract 66670. WHEREAS, all work necessary to complete the described acquisition of PROPERTY and removal of existing building will be performed in accordance with approved plans and specifications. WHEREAS, the CITY and STATE are desirous of the said PROPERTY acquisition and removal of building in that same will be of immediate benefit to CITY residents and permanent in nature. NOW , THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1 . The STATE agrees to make the surveys, obtain the necessary rights of way, including all required negotiations, appraisals, title evidence and legal services all in accordance with the Illinois Department of Transportation Bureau of Land Acquisition Manual procedures. 2. The STATE agrees to pay all costs relating to the proposed acquisition of PROPERTY. 3. The STATE agrees to receive bids and award the contract for removal of building located on the PROPERTY. 4. The STATE agrees to pay all costs for the removal of building located on the PROPERTY, subject to 50 percent reimbursement from the CITY. 5. The CITY agrees to pay the STATE for 50 percent of the cost of removing the dwelling located on the PROPERTY. 6. It is mutually agreed that estimated cost participation for the acquisition of PROPERTY and removal of building is as follows Total State City Acquisition of Property $2003000 $200,000 $0 ( 100%) (0%) Removal of Dwelling $40,000 $20,000 $20,000 On Property (50%) (50%) TOTAL $240,000 $220,000 $20,000 7. The CITY's actual 50 percent cost for removal of dwelling shall be based on the final costs of the awarded contract. 8. The CITY has passed a resolution appropriating $20,000 for reimbursement to the STATE for dwelling removal . A copy of the approved resolution is attached hereto as Exhibit #2 and made a part hereof. 9. It is mutually agreed that the CITY will pay its share of cost to the STATE in a lump sum payment upon completion of the building removal. 10. This agreement and the covenants contained herein shall be null and void in the event the contract covering the described acquisition of PROPERTY and removal of building is not initiated by July 1 , 2015. 11 . This agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns. Valerie Burd Jacquelyn Milschewski Mayor of United City of Yorkville, IL City Clerk Date Date SEAL to l ° y George F. Ryan , R gional gineer Date Illinois Department of Transportation Deputy Director of Highways • N � �v N _ 1N 49w ...,:-.:..� � . APPLE -rREE GENERAL M ij LOCATION OF PROPERTY REMOVED . somoNAUK .1 �M- EXHIBIT NO. 2 RESOLUTION NO. APPROPRIATION OF FUNDS FOR DEMOLITION OF BUILDING AT N.W. QUADRANT OF ILLINOIS 47 & SOMONAUK STREET INTERSECTION Whereas, the United City of Yorkville of Kendall County, Illinois, hereinafter called the CITY , has entered into an agreement with the state of Illinois , through its Department of Transportation , hereinafter called the STATE. In accordance with the provisions of the agreement, the CITY is to pay the STATE for 50 percent of the cost for the removal of building located upon a property located at the northwest quadrant of the intersection of Illinois 47 (Bridge Street) and Somonauk Street. This proposed STATE let project is hereinafter to be identified under Illinois 47 (FAP 326) , State Section ( 13C)DM, C-93-065-05, and to be accomplished under awarded state contract 66670. WHEREAS, estimated total cost for the proposed building removal is $40,000. In compliance with the provisions of the agreement, the CITY's estimated cost is 50 percent of the total which equates to an estimate share of cost of $20,000.00. NOW, THEREFORE, BE IT RESOLVED, that the CITY hereby appropriates the sum of TWENTY THOUSAND DOLLARS ($20,000.00) of GENERAL FUNDS AND/OR OTHER FUNDS or so much thereof as may be necessary from money now and hereinafter allotted to the CITY to pay for its share of cost for building removal . The CITY agrees that it will pay the Department of Transportation of the State of Illinois upon completion of the demolition, in a lump sum payment, 100 percent of its financial obligation incurred under the terms of the agreement. The CITY's actual monetary reimbursement obligation to the STATE shall be based on the final costs of the awarded contract for the building removal. BE IT FURTHER RESOLVED that the CITY agrees to pass a supplemental resolution to provide additional funds, if the amount appropriated herein , proves to be insufficient to cover its share of costs. APPROVED : Valerie Burd Jacquelyn Milschewski Mayor of United City of Yorkville, IL City Clerk Date Date `,�'fpo C/p� Reviewed By: Agenda Itein Number J= 1 T Legal ❑ Na #b Finance ❑ EST. 1836 r1A( � Engineer 1L1" Tracking Number City Administrator ❑ Consultant ❑ PW 9cciq - 101 <LE Agenda Item Summary Memo Title: Raintree Village—Property Conveyance Meeting and Date: October 20, 2009 Public Works Committee Synopsis: These documents convey Part of Lot 106 and Lots 216,286, and 467 to the city. Two lots are park sites and two lots are for the water tower site. 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: D C1TY Memorandum EST. ' 1836 To: Brendan McLaughlin, City A iinistrat 10 I, y From: Joe Wywrot, City Engineer 0. CC: Kathy Orr, City Attorney IIUJJ Lisa Pickering, Deputy City Clerk LE Date: October 2, 2009 Subject: Raintree Village—Conveyance of Property Attached find conveyance documents for part of Lot 106 and for Lots 216, 286, and 467 in Raintree Village. Lot 286 and part of Lot 106 are city parks, and Lots 216 and 467 are for the water tower site. Please refer to the attachment showing the locations of these parcels. I have reviewed these documents and believe that they are acceptable. We also checked the tax records and found that only Lot 216 will have a tax bill in 2009. We have agreed with Lennar on the amount of 2009 taxes that they will be responsible for, and they will be forwarding that amount to the city. I recommend that these parcels be accepted by the city, subject to concurrence from the city attorney and receipt of the pro-rated tax payment from Lennar. Please place these items on the Public Works Committee agenda of October 20,2009 for consideration. �p el \h0 `y a, hose J Ra �eAA'f't - - - - \ \c o / / 1 I I 1 Q(e ❑ I ❑ ❑ / ' a' II I I ❑ I ❑ ❑ a I m ' m ' I I I ❑ I c u / o of yawkHollo�N�( Or r I N Oe� ems( I \ / Lot 467 3 / I�b/ ✓ �(ehWD�h \ The Data is provided wMbout warranly or any representation of accuracy,timeliness,or completeness.It is the responsibility of the .y / "Requester"to determine accuracy,timeliness,completeness,and If a to / \ appropriateness of its use.The United City of Yorkville makes no warrs Map expressed United the use o1 the Dafa. -Map produced by United City of Yorkville GlS ��W, ' ` \ / / -Braemor"m— I -Parcel Data provided by Kendall County GIS THIS INSTRUMENT PREPARED BY: Brian Meltzer MELTZER, PURTILL & STELLE LLC 1515 East Woodfield Road Second Floor Schaumburg, Illinois 60173-5431 (847) 330-2400 ABOVE SPACE FOR RECORDER'S USE ONLY 09/15/09 SPECIAL WARRANTY DEED This Special Warranty Deed, made this day of 2009, between Raintree Village L. L.C., a limited liability company created and existing under and by virtue of the laws of the State of Illinois and duly authorized to transact business in the State of Illinois ("Grantor"), and the United City of Yorkville, Kendall County, Illinois ("Grantee"), WITNESSETH, that Grantor, for and in consideration of the sum of Ten and 00/100 Dollars ($ 10.00) and other good and valuable consideration in hand paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, by these presents does REMISE, RELEASE, ALIEN AND CONVEY unto the Grantee, and to Grantee's heirs and assigns FOREVER, all the following described real estate, situated in the County of Kendall and State of Illinois known and legally described as follows, to wit: SEE ATTACHED EXHIBIT "A". Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim or demand whatsoever, of Grantor, either in law or equity, of, in and to the above described premises, with the hereditaments and appurtenances: TO HAVE AND TO HOLD the said premises as above described, with the appurtenances, unto Grantee and Grantee's heirs and assigns forever. And Grantor, for itself, and its successors, does covenant, promise and agree, to and with Grantee and Grantee's heirs and assigns, that it has not done or suffered to be done, anything whereby the said premises hereby granted are, or may be, in any manner encumbered or charged, except as herein recited; and that it WILL WARRANT AND DEFEND the said premises against all persons lawfully claiming, or to claim the same, by, through or under it, subject only to: (a) General real estate taxes for the current year not yet due and for subsequent years; 130034: 069: 00474983.DOC : ) (b) Special taxes or assessments for improvements not yet completed; (c) Easements, covenants, restrictions, agreements, conditions and building lines of record; (d) Applicable zoning and building laws and ordinances; (e) Roads and highways, if any; (f) Unrecorded public utility easements, if any; (g) Plats of dedication and covenants thereof, and (h) Acts done or suffered by Grantee, or anyone claiming under Grantee. Permanent Real Estate Index Number: 05- 10-105-002 05-09-212-003 Address of real estate: Lot 106 - Vacant land on Parkside Lane and Warbler Lane, in Yorkville, Illinois. Lot 216 — Vacant land at 2224 Tremont Drive in Yorkville, Illinois IN WITNESS WHEREOF, said Grantor has caused its name to be signed to these presents on the day and year first above written. RAINTREE VILLAGE L.L.C., an Illinois limited liability company By: Lennar Chicago, Inc., an Illinois corporation, its managing member By: Glenn Richmond, a Vice President EXEMPT UNDER PROVISIONS OF PARAGRAPH B SECTION 31-45, PROPERTY TAX CODE, DATE BUYER SELLER OR REPRESENTATIVE {30034: 069: 00474983.DOC : ) 2 STATE OF ILLINOIS ) ) SS COUNTY OF ) The undersigned, a Notary Public in and for said County, in the State aforesaid, do hereby certify that Glenn Richmond, a Vice President of Lennar Chicago, Inc., an Illinois corporation, which is the managing member of Raintree Village L.L.C., an Illinois limited liability company ("Company"), personally known to be the same person whose name is sub- scribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered said instrument as his own free and voluntary act, and as the free and voluntary act of the Company for the uses and purposes therein set forth. Given under my hand and official seal this day of 2008 . Notary Public MAIL TO: SEND SUBSEQUENT TAX BILLS TO: Brian Meltzer, Meltzer Purtill & Stelle United City of Yorkville 1515 E. Woodfield Road, Suite 250 800 Game Farm Road Schaumburg., Illinois 60173 Yorkville, Illinois 60560 (CITY, STATE AND ZIP) OR RECORDER' S OFFICE BOX NO. 130034: 069: 00474983.DOC : 1 3 EXHIBIT "A" Legal Description PARCEL I : Lot 216 in Raintree Village, Unit Two being a subdivision of part of the Southwest Quarter of Section 3 , part of the South Half of Section 4, part of the Northwest Quarter of Section 10 and Part of Section 9, all in Township 36 North, Range 7 East of the Third Principal Meridian, according to the plat thereof, recorded August 19, 2004 as Document Number 200400023274, in Kendall County, Illinois. PARCEL 2: That part of Lot 106, Raintree Village, Unit One, being a subdivision of part of the South half of Section 4 and part of Section 9, all in Township 36 North, Range 7 East of the Third Principal Meridian, in the United City of Yorkville, Kendall County, Illinois, according to the plat thereof recorded January 13, 2004 as Document No. 2004-938, along with Certificate of Correction recorded May 21 , 2004 as Document No. 2004-00013610 and Certificate of Correction recorded January 18, 2005 as Document No. 2005-00001630, described as follows: Lot 106, except that part described as follows: commencing at the most Northerly corner of said Lot 106; thence South 55 degrees 44 minutes 24 seconds West along the Northwesterly line of said Lot, 589.47 feet for the point of beginning; thence South 52 degrees 55 minutes 31 seconds East, 189.38 feet to the Southeasterly line of said lot; thence South 37 degrees 04 minutes 29 seconds West along said Southeasterly line, 413 .55 feet to a point of curvature; thence Southwesterly along said Southeasterly line, being a curve concave Northwesterly having a radius of 67.00 feet, an are length of 39.78 feet, a chord bearing of South 54 degrees 04 minutes 59 seconds West and a chord distance of 39.20 feet to a point of compound curvature; thence Westerly, Northwesterly and Northerly along the Southwesterly line of said lot, being a curve concave Northeasterly having a radius of 25 .00 feet, an arc length of 47.52 feet, a chord bearing of North 54 degrees 27 minutes 16 seconds West and a chord distance of 40.68 feet to the West line of said lot; thence North 00 degrees 00 minutes 00 seconds West along said West line, 192.26 feet to a point of curvature; thence Northerly and Northeasterly along the Northwesterly line of said lot, being a curve concave Southeasterly having a radius of 265.00 feet, an arc length of 257.80 feet, a chord bearing of North 27 degrees 52 minutes 12 seconds East and a chord distance of 247.76 feet; thence North 55 degrees 44 minutes 24 seconds East along said Northwesterly line, 57.16 feet to the point of beginning. {30034: 069: 00474983.DOC : ) 4 L E b v v THIS INSTR UMENT PREPARED BY: Brian Meltzer MELTZER, PURTILL & STELLE LLC 1515 East Woodfield Road Second Floor Schaumburg, Illinois 60173-5431 (847) 330-2400 ABOVE SPACE FOR RECORDER'S USE ONLY 9/15/09 SPECIAL WARRANTY DEED This Special Warranty Deed, made this _ day of 2009, between Raintree Village II L.L.C., a limited liability company created and existing under and by virtue of the laws of the State of Illinois and duly authorized to transact business in the State of Illinois ("Grantor"), and the United City of Yorkville, Kendall County, Illinois ("Grantee"), WITNESSETH, that Grantor, for and in consideration of the sum of Ten and 00/100 Dollars ($ 10.00) and other good and valuable consideration in hand paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, by these presents does REMISE, RELEASE, ALIEN AND CONVEY unto the Grantee, and to Grantee's heirs and assigns FOREVER, all the following described real estate, situated in the County of Kendall and State of Illinois known and legally described as follows, to wit: SEE ATTACHED EXHIBIT "A". Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim or demand whatsoever, of Grantor, either in law or equity, of, in and to the above described premises, with the hereditaments and appurtenances: TO HAVE AND TO HOLD the said premises as above described, with the appurtenances, unto Grantee and Grantee's heirs and assigns forever. And Grantor, for itself, and its successors, does covenant, promise and agree, to and with Grantee and Grantee's heirs and assigns, that it has not done or suffered to be done, anything whereby the said premises hereby granted are, or may be, in any manner encumbered or charged, except as herein recited; and that it WILL WARRANT AND DEFEND the said premises against all persons lawfully claiming, or to claim the same, by, through or under it, subject only to : (a) General real estate taxes for the current year not yet due and for subsequent years; {30034: 069: 00474993.DOC : ) (b) Special taxes or assessments for improvements not yet completed; (c) Easements, covenants, restrictions, agreements, conditions and building lines of record; (d) Applicable zoning and building laws and ordinances; (e) Roads and highways, if any; (f) Unrecorded public utility easements, if any; (g) Plats of dedication and covenants thereof; and (h) Acts done or suffered by Grantee, or anyone claiming under Grantee. Permanent Real Estate Index Numbers: 05- 10- 106-008, 05-03-380-001 Address of real estate: Lot 286 Vacant land east of Tremont Avenue and south of Hawk Hollow Drive, both in Yorkville, Illinois with an address of 1148 Hawk Hollow Drive. And Lot 467 Vacant land on east side of Tremont Avenue adjacent to the west border of Lot 216 in Yorkville, Illinois, with an address of 2174 Tremont Avenue. IN WITNESS WHEREOF, said Grantor has caused its naive to be signed to these presents on the day and year first above written. RAINTREE VILLAGE II L.L.C., an Illinois limited liability company By: Lennar Communities of Chicago L.L.C., an Illinois limited liability Company, its managing member By: Glenn Richmond, a Vice President EXEMPT UNDER PROVISIONS OF PARAGRAPH B SECTION 3l-45, PROPERTY TAX CODE. DATE BUYER SELLER OR REPRESENTATIVE 130034: 069: 00474993.DOC : 1 2 STATE OF ILLINOIS ) ) SS COUNTY OF ) The undersigned, a Notary Public in and for said County, in the State aforesaid, do hereby certify that Glenn Richmond, a Vice President of Lennar Communities of Chicago L.L.C., an Illinois limited liability company, which is the managing member of Raintree Village II L.L.C., an Illinois limited liability company ("Company"), personally known to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered said instrument as his own free and voluntary act, and as the free and voluntary act of the Company for the uses and purposes therein set forth. Given under my hand and official seal this day of 2009. Notary Public Commission expires: MAIL TO: SEND SUBSEQUENT TAX BILLS TO: Brian Meltzer, Meltzer Purtill & Stelle United City of Yorkville 1515 E. Woodfield Road, Suite 250 800 Game Farm Road Schaumburg, Illinois 60173 Yorkville, Illinois 60560 (CITY, STATE AND ZIP) OR RECORDER' S OFFICE BOX NO. {30034: 069: 00474993.DOC : 1 3 EXHIBIT "A" Legal Description Lot 286 in Raintree Village Unit Four, being a subdivision in part of Section 9, Township 36 North, Range 7 East of the Third Principal Meridian, in the United City of Yorkville, Kendall County, Illinois, pursuant to the plat thereof recorded in Kendall County, Illinois on May 30, 2006 as Document No. 200600015999. Lot 467 in Raintree Village, Unit Six, being a subdivision of part of the Southwest Quarter of Section 9, Township 36 North, Range 7 East of the Third Principal Meridian, according to the plat thereof, recorded November 7, 2007 as Document Number 200700032691 , in the United City of Yorkville, Kendall County, Illinois. {30034: 069: 00474993.DOC : 1 4 N®RTH 222 N. County Street. • P.O. Box 1130 1 ppC ® �+ WAUKEGAN, ILLINOIS 60079-1130 INVOICE 1 AMERICAN (847) 249-1200 FAX (847) 249-1207 TITLE WEBSITE: www.nat.com ■ COMPANY EMAIL: title @nat.com Like Clockwork® 114925 LENNAR - CHICAGO 2300 N BARRINGTON RD HOFFMAN ESTATES, IL 60195 Invoice Date: September 16, 2009 File No.: 15836-07-00880 Invoice: 15836-07-00880-C Customer Reference: YORKVILLE , YORKVILLE, IL Owners Policy: $ 10,000.00 Loan Policy: 0.00 DESCRIPTION AMOUNT BUYERS: Recording Deed(s) ($34.75) 34.75 Recording Fee Service Charge 30.00 Later Date Policy Fee 75.00 BALANCE DUE FROM BUYER: $ 139.75 SELLERS: Owners Policy 815.00 State of Illinois Policy Fee 3.00 Later Date Policy Fee 75.00 BALANCE DUE FROM SELLER: $ 893.00 INVOICE TOTAL AMOUNT DUE: $ 11032.75 When deed is presented for recording payment for revenue stamps and all open fees is appreciated. Recording fees are estimated and Includes a service charge. Actual fees will vary from the amount billed. S241LLTM.4650 Rev. 7/17/07 09/16/09/03:43-PM COMMITMENT FOR TITLE INSURANCE NORTH AMERICAN TITLE COMPANY NORTH AMERICAN TITLE COMPANY-YORKVILLE AGENT FOR NORTH AMERICAN TITLE INSURANCE COMPANY 2300 N BARRINGTON RD SUITE 725 HOFFMAN ESTATES, IL 60169 PHONE: (847)490-4243 SCHEDULE A 1 . FILE NUMBER: 15836-07-00880 -3 COMMITMENT NUMBER: . 2. EFFECTIVE DATE: AUGUST 6, 2009 AMOUNT: 3 POLICY TO BE ISSUED ALTA OWNER'S POLICY $ 105000.00 PROPOSED INSURED: UNITED CITY OF YORKVILLE 4. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO HEREIN IS FEE SIMPLE AND IS AT THE EFFECTIVE DATE HEREOF VESTED IN: RAINTREE VILLAGE, L.L.C. 5. THE MORTGAGE OR TRUST DEED TO BE INSURED , WHICH ENCUMBERS THE PROPERTY, AND THE ASSIGNMENTS THEREOF, IF ANY, ARE DESCRIBED AS FOLLOWS: NONE 6. THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: SEE SCHEDULE "C" ATTACHED HERETO AND MADE A PART HEREOF REFER TO: BETSY ILLINGWORTH (847)4904243 email: bbond @nat.com Email closing packages to il.closingpackages @natdocs.com http://www.nat.com Copyright 2009, NORTH AMERICAN TITLE COMPANY Print Date/Time: 09116/09 03:43 PM 3241LLTC.4277 Rev. 10/13106 NORTH AMERICAN TITLE COMPANY-YORKVILLE AGENT FOR North American Title Insurance Company 2300 N BARRINGTON RD SUITE 725 HOFFMAN ESTATES, IL 60169 PHONE: (847)490-4243 SCHEDULE C FILE NUMBER15836-07-00880 -3 COMMITMENT NUMBER: . THAT PART OF LOT 106, RAINTREE VILLAGE, UNIT ONE, BEING A SUBDIVISION OF PART OF THE SOUTH HALF OF SECTION 4 AND PART OF SECTION 9, ALL IN TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS ACCORDING TO THE PLAT THEREOF, RECORDED JANUARY 13, 2004 AS DOCUMENT NO, 2004-938, ALONG WITH CERTIFICATE OF CORRECTION RECORDED MAY 21 , 2004 AS DOCUMENT NO. 2004-00013610 AND CERTIFICATE OF CORRECTION RECORDED JANUARY 18, 2005 AS DOCUMENT NO. 2005-00001630, DESCRIBED AS FOLLOWS: LOT 106, EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 106; THENCE SOUTH 55 DEGREES 44 MINUTES 24 SECONDS WEST ALONG THE NORTHWESTERLY LINE OF SAID LOT, 589.47 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 52 DEGREES 55 MINUTES 31 SECONDS EAST, 189.38 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT; THENCE SOUTH 37 DEGREES 04 MINUTES 29 SECONDS WEST ALONG SAID SOUTHEASTERLY LINE, 413.55 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE, BEING A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 67.00 FEET, AN ARC LENGTH OF 39.78 FEET, A CHORD BEARING OF SOUTH 54 DEGREES 04 MINUTES 59 SECONDS WEST AND A CHORD DISTANCE OF 39.20 FEET TO A POINT OF COMPOUND CURVATURE; THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT, BEING A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 25.00 FEET, AN ARCH LENGTH OF 47.52 FEET, A CHORD BEARING OF NORTH 54 DEGREES 27 MINUTES 16 SECONDS WEST AND A CHORD DISTANCE OF 40.68 FEET TO THE WEST LINE OF SAID LOT; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST ALONG SAID WEST LINE, 192.26 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY AND NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT, BEING A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 265.00 FEET, AN ARC LENGTH OF 257.80 FEET, A CHORD BEARING OF NORTH 27 DEGREES 52 MINUTES 12 SECONDS EAST AND A CHORD DISTANCE OF 247.76 FEET; THENCE NORTH 55 DEGREES 44 MINUTES 24 SECONDS EAST ALONG SAID NORTHWESTERLY LINE, 57. 16 FEET TO THE POINT OF BEGINNING. S241LLTC 4279 Rev . 08/30/06 Print Date/Time: 09/16/09 03:43-PM NORTH AMERICAN TITLE COMPANY-YORKVILLE AGENT FOR North American Title Insurance Company 2300 N BARRINGTON RD SUITE 725 HOFFMAN ESTATES, IL 60169 PHONE: (847)490-4243 SCHEDULE B FILE NUMBER: 15836-07-00880 -3 COMMITMENT NUMBER: . AN OWNER'S POLICY ISSUED IN CONNECTION WITH THIS COMMITMENT WILL CONTAIN THE FOLLOWING STANDARD EXCEPTIONS UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY. 1 . RIGHTS OR CLAIMS OF PARTIES OTHER THAN THE INSURED IN ACTUAL POSSESSION OF ANY OR ALL OF THE PROPERTY. 2. UNRECORDED EASEMENTS, DISCREPANCIES OR CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA AND ENCROACHMENTS WHICH AN ACCURATE AND COMPLETE SURVEY WOULD DISCLOSE. 3. ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE AFFECTING THE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND. 4. UNFILED MECHANICS' OR MATERIALMEN'S LIENS. 5. THE LIEN OF REAL ESTATE TAXES OR ASSESSMENTS IMPOSED ON THE TITLE BY A GOVERNMENTAL AUTHORITY DUE OR PAYABLE, BUT UNPAID. SPECIAL EXCEPTIONS SCHEDULE B OF THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING MATTERS UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY: A. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS, IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR TO THE DATE THE PROPOSED INSURED ACQUIRES FOR VALUE OF RECORD THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS COMMITMENT, B. THE POLICY TO BE ISSUED CONTAINS AN ARBITRATION CLAUSE. ANY MATTER IN DISPUTE BETWEEN YOU AND THE COMPANY MAY BE SUBJECT TO ARBITRATION AS AN ALTERNATIVE TO COURT ACTION. UPON REQUEST, THE COMPANY WILL PROVIDE A COPY OF THIS CLAUSE AND THE ACCOMPANYING ARBITRATION RULES PRIOR TO THE CLOSING OF THE TRANSACTION. ANY DECISION REACHED BY ARBITRATION SHALL BE BINDING UPON BOTH YOU AND THE COMPANY. THE ARBITRATION AWARD MAY INCLUDE ATTORNEY'S FEES , IF ALLOWED BY STATE LAW , AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF PROPER JURISDICTION. 1 . GENERAL TAXES FOR THE YEAR (S): 2009 PERMANENT INDEX NUMBER (S) : 05-09-212-003 TOWNSHIP : KENDALL THE 2009 REAL ESTATE TAXES ARE NOT YET DUE OR PAYABLE. 2. AN EASEMENT AFFECTING THAT PART OF THE PROPERTY NOTED HEREIN FOR PUBLIC UTILITIES AND DRAINAGE AS CREATED BY PLAT OF SUBDIVISION AFFECTS : SEE RECORD FOR LOCATION AND DETERMINATION 3. COVENANTS, CONDITIONS AND RESTRICTIONS CREATED BY THE FOLLOWING INSTRUMENT : PLAT OF SUBDIVISION RECORDED : JANUARY 13, 2004 DOCUMENT : 2004-00000938 SAID COVENANTS, CONDITIONS, AND RESTRICTIONS DO NOT PROVIDE FOR A REVERSION OF TITLE IN THE EVENT OF A BREACH THEREOF. NORTH AMERICAN TITLE COMPANY-YORKVILLE AGENT FOR North American Title Insurance Company 2300 N BARRINGTON RD SUITE 725 HOFFMAN ESTATES, IL 60169 PHONE: (847)490-4243 FILE NUMBER: 15836-07-00880 -3 COMMITMENT NUMBER: 4. THE PROPERTY IN QUESTION IS ENCUMBERED BY A SPECIAL SERVICES AREA ASSESSMENT TAX PURSUANT TO THE ILLINOIS COMPILED STATUTES CHAPTER 35 SECTIONS 200/27-5 THROUGH 200/27-85. THE AMOUNT OF SAID ASSESSMENT IS INCLUDED IN THE YEARLY REAL ESTATE TAX BILL. PLEASE CONTACT THE COUNTY CLERK'S OFFICE FOR PARTICULARS. GOVERNMENT ENTITY CREATING SAID ASSESSMENT LIEN UNITED CITY OF YORKVILLE ORDINANCE NUMBER: SSA # 2003-100 5. COVENANTS, CONDITIONS AND RESTRICTIONS CREATED BY THE FOLLOWING INSTRUMENT : DECLARATION OF RAINTREE VILLAGE RECORDED : MAY 6, 2004 DOCUMENT : 2004-00011645 SAID COVENANTS, CONDITIONS, AND RESTRICTIONS DO NOT PROVIDE FOR A REVERSION OF TITLE IN THE EVENT OF A BREACH THEREOF. 6. WE SHOULD BE FURNISHED A WRITTEN STATEMENT FROM THE FOLLOWING ASSOCIATION THAT THERE ARE NO UNPAID DUES OR ASSESSMENTS AGAINST THE SUBJECT PROPERTY. ASSOCIATION: RAINTREE VILLAGE 7. FOR INFORMATION PURPOSES THE REAL ESTATE TAX AMOUNTS ARE AS FOLLOWS: YEAR : 2008 FIRST INSTALLMENT : $0.00 SECOND INSTALLMENT : $0.00 PERMANENT INDEX NO : 05-09-212-003 8. GENERAL TAXES HAVE BEEN PAID FOR THE YEAR 2008. 9. GRANTOR(S) : CREEK PARTNERS, LLC GRANTEE(S) : RAINTREE VILLAGE, L.L.C. TYPE OF DEED: WARRANTY DEED RECORDED : AUGUST 22, 2003 DOCUMENT : 2003-00029836 NOTE : THIS IS THE LAST DEED OF RECORD. NOTE : THERE WERE NO DEEDS RECORDED OVER THE LAST 24 MONTHS. 10. LIMITATIONS AND CONDITIONS IMPOSED BY LAW UPON MUNICIPAL CORPORATIONS 11 . WE SHOULD BE ADVISED WHETHER ANY RECENT IMPROVEMENTS HAVE BEEN PLACED ON THE SUBJECT PROPERTY WITHIN THE LAST SIX MONTHS. 12. IF THE TRANSACTION WE HAVE BEEN ASKED TO INSURE DOES CLOSE, THE BUYER WILL BE RESPONSIBLE FOR PAYMENT OF NORMAL RECORDING CHARGES AND OUR UPDATE FEE OF $100.00. PLEASE CALL US IF YOU HAVE ANY QUESTIONS REGARDING THOSE CHARGES. 13. EFFECTIVE JUNE 1 , 2009, PURSUANT TO PUBLIC ACT 95-988, SATISFACTORY EVIDENCE OF IDENTIFICATION MUST BE PRESENTED FOR THE NOTARIZATION OF ANY AND ALL DOCUMENTS NOTARIZED BY AN ILLINOIS NOTARY PUBLIC. SATISFACTORY IDENTIFICATION DOCUMENTS ARE DOCUMENTS THAT ARE VALID AT THE TIME OF THE NOTARIAL ACT; ARE ISSUED BY A STATE OR FEDERAL GOVERNMENT AGENCY; BEAR THE PHOTOGRAPHIC IMAGE OF THE INDIVIDUAL'S FACE; AND BEAR THE INDIVIDUAL'S SIGNATURE. NORTH AMERICAN TITLE COMPANY-YORKVILLE AGENT FOR North American Title Insurance Company 2300 N BARRINGTON RD SUITE 725 HOFFMAN ESTATES, IL 60169 PHONE: (847)490-4243 FILE NUMBER: 15836-07-00880 -3 COMMITMENT NUMBER: COUNTERSIGNED:( END Print Date/Time: 09/16/09 03:43 PM 1r,1/1p�Y GGL N. uounry otreet. • r.v. box 1 131/ AMERICAN WAUKEGAN , ILLINOIS 60079-1130 INVOICE 1 lrA (847) 249-1200 FAX (847) 249-1207 A MTITLE w v WEBSITE: www.nat.com MCOMFAN i EMAIL: title @nat.com Like Clockwork® 114925 LENNAR - CHICAGO 2300 N BARRINGTON RD HOFFMAN ESTATES, IL 60195 Invoice Date: September 15, 2009 File No.: 15836-07-00882 Invoice: 15836-07-00882-C Customer Reference: YORKVILLE LOT 216, YORKVILLE, IL Owners Policy: $ 10,000.00 Loan Policy: 0.00 DESCRIPTION AMOUNT BUYERS: Recording Deed(s) ($52) 52.00 Recording Fee Service Charge 30.00 Later Date Policy Fee 75.00 BALANCE DUE FROM BUYER: $ 157.00 SELLERS: Policy premium for Owner's 815.00 State of Illinois Policy Fee 3.00 Later Date Policy Fee 75.00 Update Commitment 100.00 BALANCE DUE FROM SELLER: $ 993.00 INVOICE TOTAL AMOUNT DUE: $ 1 ,150.00 When deed is presented for recording payment for revenue stamps and all open fees is appreciated. Recording fees are estimated and Includes a service charge. Actual fees will vary from the amount billed. S241LLTM.4650 Rev. 7/17/07 09/16/09/11 :04-AM COMMITMENT FOR TITLE INSURANCE NORTH AMERICAN TITLE COMPANY NORTH AMERICAN TITLE COMPANY-YORKVILLE AGENT FOR NORTH AMERICAN TITLE INSURANCE COMPANY 2300 N BARRINGTON RD SUITE 725 HOFFMAN ESTATES, IL 60169 PHONE: (847)490-4243 SCHEDULEA 1 . FILE NUMBER: 15836-07-00882 -1 COMMITMENT NUMBER: . 2. EFFECTIVE DATE: AUGUST 6, 2009 AMOUNT: 3. POLICY TO BE ISSUED ALTA OWNER'S POLICY $ 10,000.00 PROPOSED INSURED: UNITED CITY OF YORKVILLE 4. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO HEREIN IS FEE SIMPLE AND IS AT THE EFFECTIVE DATE HEREOF VESTED IN: RAINTREE VILLAGE, L.L.C., AN ILLINOIS LIMITED LIABILITY COMPANY, AS TO PARCELI AND RAINTREE VILLAGE, II , L.L.C., AN ILLINOIS LIMITED LIABILITY COMPANY, AS TO PARCEL2 5. THE MORTGAGE OR TRUST DEED TO BE INSURED , WHICH ENCUMBERS THE PROPERTY, AND THE ASSIGNMENTS THEREOF, IF ANY, ARE DESCRIBED AS FOLLOWS: NONE 6. THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: SEE SCHEDULE "C" ATTACHED HERETO AND MADE A PART HEREOF REFER TO: BETSY ILLINGWORTH (847)490-4243 email: bbond @nat.com Email closing packages to il.closingpackages @natdocs.com http://www.nat.com Copyright 2009, NORTH AMERICAN TITLE COMPANY Print DateRime: 09/16/09 11 :04 AM S241LLTC.4277 Rev. 10/13/06 NORTH AMERICAN TITLE COMPANY-YORKVILLE AGENT FOR North American Title Insurance Company 2300 N BARRINGTON RD SUITE 725 HOFFMAN ESTATES, IL 60169 PHONE: (847)490-4243 SCHEDULE C FILE NUMBER15836-07-00882 -1 COMMITMENT NUMBER: . PARCEL 1 : LOT 216 IN RAINTREE VILLAGE, UNIT TWO BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 3, PART OF THE SOUTH HALF OF SECTION 4, PART OF THE NORTHWEST QUARTER OF SECTION 10 AND PART OF SECTION 9, ALL IN TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED AUGUST 19, 2004 AS DOCUMENT NUMBER 200400023274, IN KENDALL COUNTY, ILLINOIS. PARCEL 2: LOT 467 IN RAINTREE VILLAGE, UNIT SIX, BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED NOVEMBER 7, 2007 AS DOCUMENT 2007 00032691 , IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. S241LLTC 4279 Rev . 08/30/06 Print Dale/Time: 09/16/09 11 :04 AM NORTH AMERICAN TITLE COMPANY-YORKVILLE AGENT FOR North American Title Insurance Company 2300 N BARRINGTON RD SUITE 725 HOFFMAN ESTATES, IL 60169 PHONE: (847)490-4243 SCHEDULE B FILE NUMBER: 15836-07-00882 -1 COMMITMENT NUMBER: . AN OWNER'S POLICY ISSUED IN CONNECTION WITH THIS COMMITMENT WILL CONTAIN THE FOLLOWING STANDARD EXCEPTIONS UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY. 1 . RIGHTS OR CLAIMS OF PARTIES OTHER THAN THE INSURED IN ACTUAL POSSESSION OF ANY OR ALL OF THE PROPERTY. 2. UNRECORDED EASEMENTS, DISCREPANCIES OR CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA AND ENCROACHMENTS WHICH AN ACCURATE AND COMPLETE SURVEY WOULD DISCLOSE. 3. ANY ENCROACHMENT, ENCUMBRANCE , VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE AFFECTING THE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND. 4. UNFILED MECHANICS' OR MATERIALMEN'S LIENS. 5. THE LIEN OF REAL ESTATE TAXES OR ASSESSMENTS IMPOSED ON THE TITLE BY A GOVERNMENTAL AUTHORITY DUE OR PAYABLE, BUT UNPAID. SPECIAL EXCEPTIONS SCHEDULE B OF THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING MATTERS UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY: A. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS, IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR TO THE DATE THE PROPOSED INSURED ACQUIRES FOR VALUE OF RECORD THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS COMMITMENT, B. THE POLICY TO BE ISSUED CONTAINS AN ARBITRATION CLAUSE. ANY MATTER IN DISPUTE BETWEEN YOU AND THE COMPANY MAY BE SUBJECT TO ARBITRATION AS AN ALTERNATIVE TO COURT ACTION. UPON REQUEST, THE COMPANY WILL PROVIDE A COPY OF THIS CLAUSE AND THE ACCOMPANYING ARBITRATION RULES PRIOR TO THE CLOSING OF THE TRANSACTION. ANY DECISION REACHED BY ARBITRATION SHALL BE BINDING UPON BOTH YOU AND THE COMPANY. THE ARBITRATION AWARD MAY INCLUDE ATTORNEY'S FEES , IF ALLOWED BY STATE LAW, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF PROPER JURISDICTION. 1 . GENERAL TAXES FOR THE YEAR (S): 2009 PERMANENT INDEX NUMBER (S) : 05-10-105-002 (AFFECTS PARCEL 1 ) 05-10-106-008 (AFFECTS PARCEL 2) TOWNSHIP : KENDALL THE 2009 REAL ESTATE TAXES ARE NOT YET DUE OR PAYABLE. 2. AN EASEMENT AFFECTING THAT PART OF THE PROPERTY NOTED HEREIN FOR PUBLIC UTILITIES AND DRAINAGE AS CREATED BY PLAT OF SUBDIVISION AFFECTS : EAST 40 FEET OF SAID LOT IN PARCEL 1 3. AN EASEMENT AFFECTING THAT PART OF THE PROPERTY NOTED HEREIN FOR PUBLIC UTILITIES AND DRAINAGE AS CREATED BY PLAT OF SUBDIVISION AFFECTS : WEST 10 FEET OF SAID LOT IN PARCEL 1 NORTH AMERICAN TITLE COMPANY-YORKVILLE AGENT FOR North American Title Insurance Company 2300 N BARRINGTON RD SUITE 725 HOFFMAN ESTATES, IL 60169 PHONE: (847)490-4243 FILE NUMBER: 15836-07-00882 -1 COMMITMENT NUMBER: 4. COVENANTS, CONDITIONS AND RESTRICTIONS CREATED BY THE FOLLOWING INSTRUMENT : RAINTREE VILLAGE UNIT TWO PLAT OF SUBDIVISION RECORDED : AUGUST 19, 2004 DOCUMENT : 2004-00023274 AFFECTS: PARCEL SAID COVENANTS, CONDITIONS, AND RESTRICTIONS DO NOT PROVIDE FOR A REVERSION OF TITLE IN THE EVENT OF A BREACH THEREOF. 5. COVENANTS, CONDITIONS AND RESTRICTIONS CREATED BY THE FOLLOWING INSTRUMENT : DECLARATION RECORDED : MAY 6, 2004 DOCUMENT : 2004-00011645 NOTE : AS AMENDED FROM TIME TO TIME AFFECTS: PARCEL 1 SAID COVENANTS, CONDITIONS, AND RESTRICTIONS DO NOT PROVIDE FOR A REVERSION OF TITLE IN THE EVENT OF A BREACH THEREOF. 6. THE PROPERTY NOTED HEREIN IS SUBJECT TO AN ASSESSMENT LEVIED BY A HOME OWNERS ASSOCIATION WHICH WAS CREATED BY THE DOCUMENT LISTED BELOW . PLEASE FURNISH EVIDENCE THAT ALL SAID DUES ARE CURRENT. DOCUMENT NUMBER: 2004-00011645 ASSOCIATION : THE RAINTREE VILLAGE HOMEOWNERS ASSOCIATION 7. THE PROPERTY IN QUESTION IS ENCUMBERED BY A SPECIAL SERVICES AREA ASSESSMENT TAX PURSUANT TO THE ILLINOIS COMPILED STATUTES CHAPTER 35 SECTIONS 200/27-5 THROUGH 200/27-85. THE AMOUNT OF SAID ASSESSMENT IS INCLUDED IN THE YEARLY REAL ESTATE TAX BILL. PLEASE CONTACT THE COUNTY CLERK'S OFFICE FOR PARTICULARS. GOVERNMENT ENTITY CREATING SAID ASSESSMENT LIEN CITY OF YORKVILLE ORDINANCE NUMBER: SSA # 2003-100 AFFECTS: PARCEL 8. COVENANTS, CONDITIONS AND RESTRICTIONS CREATED BY THE FOLLOWING INSTRUMENT : WARRANTY DEED RECORDED : DECEMBER 19, 2003 DOCUMENT : R2003-00044080 AFFECTS : UNDERLYING LAND OF SAID PARCEL 1 SAID COVENANTS, CONDITIONS, AND RESTRICTIONS DO NOT PROVIDE FOR A REVERSION OF TITLE IN THE EVENT OF A BREACH THEREOF. NORTH AMERICAN TITLE COMPANY-YORKVILLE AGENT FOR North American Title Insurance Company 2300 N BARRINGTON RD SUITE 725 HOFFMAN ESTATES, IL 60169 PHONE: (847)490-4243 FILE NUMBER: 15836-07-00882 -1 COMMITMENT NUMBER: 9. FOR INFORMATION PURPOSES THE REAL ESTATE TAX AMOUNTS ARE AS FOLLOWS: YEAR : 2008 FIRST INSTALLMENT : $87.81 SECOND INSTALLMENT : $87.81 PERMANENT INDEX NO : 05-10-105-002 AFFECTS : PARCEL1 10. GENERAL TAXES HAVE BEEN PAID FOR THE YEAR 2008. AFFECTS: PARCEL 1 11 . BUILDING LINE ESTABLISHED BY PLAT OF SUBDIVISION SIZE : 30 FOOT LOCATION : WEST LOT LINE OF SAID LOT IN PARCEL 2 12. AN EASEMENT AFFECTING THAT PART OF THE PROPERTY NOTED HEREIN FOR PUBLIC UTILITIES AND DRAINAGE AS CREATED BY PLAT OF SUBDIVISION AFFECTS : EAST 20 FEET AND NORTH 10 FEET : OF SAID LOT IN PARCEL 2 13. COVENANTS, CONDITIONS AND RESTRICTIONS CREATED BY THE FOLLOWING INSTRUMENT: RAINTREE VILLAGE UNIT SIX, PLAT OF SUBDIVISION RECORDED : NOVEMBER 7, 2007 DOCUMENT : 200700032691 AFFECTS : PARCEL SAID COVENANTS, CONDITIONS, AND RESTRICTIONS DO NOT PROVIDE FOR A REVERSION OF TITLE IN THE EVENT OF A BREACH THEREOF. 14. COVENANTS, CONDITIONS AND RESTRICTIONS CREATED BY THE FOLLOWING INSTRUMENT: WARRANTY DEED RECORDED : APRIL 28, 2006 DOCUMENT : 200600012557 AFFECTS : PARCEL SAID COVENANTS, CONDITIONS, AND RESTRICTIONS DO NOT PROVIDE FOR A REVERSION OF TITLE IN THE EVENT OF A BREACH THEREOF. 15. AGREEMENT DATED April 21 , 1977 AND RECORDED September 2, 1977 AS DOCUMENT 77-5235 MADE BY CHARLES E. BLACKFORD AND OTHERS WHEREIN IT WAS AGREED THAT THE PARTIES TO SAID AGREEMENT AND THEIR HEIRS AND ASSIGNS WOULD NOT PURSUE ANY COURSE OF ACTION DESIGNATED TO DEVELOP A WASTE MANAGEMENT, DISPOSAL, STORAGE OR TREATMENT SITE ON THE LAND. AFFECTS: PARCEL 16. ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT DATED 03-28-97 AS DISCLOSED BY AMENDMENT TO ANNEXATION AGREEMENT RECORDED January 28, 2003 AS DOCUMENT 2003 00002859. MADE BY AND BETWEEN WYNDHAM DEERPOINT HOMES, CREEK PARTNERS LLC AND UNITED CITY OF YORKVILLE, RELATING TO THE DEVELOPMENT OF THE LAND. AFFECTS: PARCEL 2 NORTH AMERICAN TITLE COMPANY-YORKVILLE AGENT FOR North American Title Insurance Company 2300 N BARRINGTON RD SUITE 725 HOFFMAN ESTATES, IL 60169 PHONE: (847)490-4243 FILE NUMBER: 15836-07-00882 - 1 COMMITMENT NUMBER: 17. THE LAND LIES WITHIN THE BOUNDARIES OF A SPECIAL SERVICE AREA AS DISCLOSED BY ORDINANCE RECORDED AS DOCUMENT 20050038142 AND IS SUBJECT TO ADDITIONAL TAXES UNDER THE TERMS OF SAID ORDINANCE AND SUBSEQUENT ADDITIONAL ORDINANCES. AFFECTS: PARCEL 2 18. DECLARATION OF CONSENT TO CREATION OF SPECIAL SERVICE AREA 2004-107 RECORDED December 14, 2005 AS DOCUMENT 20050038626 AND THE TERMS AND CONDITIONS CONTAINED THEREIN. AFECTS: PARCEL2 19. THE PROPERTY IN QUESTION IS ENCUMBERED BY A SPECIAL SERVICES AREA ASSESSMENT TAX PURSUANT TO THE ILLINOIS COMPILED STATUTES CHAPTER 35 SECTIONS 200/27-5 THROUGH 200127-85. THE AMOUNT OF SAID ASSESSMENT IS INCLUDED IN THE YEARLY REAL ESTATE TAX BILL. PLEASE CONTACT THE COUNTY CLERK'S OFFICE FOR PARTICULARS. GOVERNMENT ENTITY CREATING SAID ASSESSMENT LIEN : CITY OF YORKVILLE ORDINANCE NUMBER: SSA # 100 & SSA #107 AFFECTS: PARCEL 2 20. FOR INFORMATION PURPOSES THE REAL ESTATE TAX AMOUNTS ARE AS FOLLOWS: YEAR : 2008 FIRST INSTALLMENT : $0.00 SECOND INSTALLMENT : $0.00 PERMANENT INDEX NO : 05-10-106-008 AFFECTS : PARCEL2 21 . GENERAL TAXES HAVE BEEN PAID FOR THE YEAR 2008. AFFECTS: PARCEL 2 22. WE SHOULD BE ADVISED WHETHER ANY RECENT IMPROVEMENTS HAVE BEEN PLACED ON THE SUBJECT PROPERTY WITHIN THE LAST SIX MONTHS. 23. WE SHOULD BE FURNISHED PROOF THAT ALL UNDERLYING LAND IMPROVEMENTS HAVE BEEN COMPLETED AND ALL COST OF SAID IMPROVEMENTS HAVE BEEN PAID IN FULL. 24. LIMITATIONS AND CONDITIONS IMPOSED BY LAW UPON MUNICIPAL CORPORATIONS 25. GRANTOR(S) : CREEK PARTNERS, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY : AND WYNDHAM DEERPOINT HOMES, GENERAL PARTNERSHIP (WDH) GRANTEE(S) : RAINTREE VILLAGE, L.L.C. , AN ILLINOIS : LIMITED LIABILITY COMPANY TYPE OF DEED: SPECIAL WARRANTY DEED RECORDED : 12-19-2003 DOCUMENT : 2003-00044080 AFFECTS : UNDERLYING LAND NOTE : THIS IS THE LAST DEED OF RECORD. NOTE : THERE WERE NO DEEDS RECORDED OVER THE LAST 24 MONTHS. AFFECTS: PARCEL NORTH AMERICAN TITLE COMPANY-YORKVILLE AGENT FOR North American Title Insurance Company 2300 N BARRINGTON RD SUITE 725 HOFFMAN ESTATES, IL 60169 PHONE: (847)490-4243 FILE NUMBER: 15836-07-00882 -1 COMMITMENT NUMBER: 26. GRANTOR(S) : CREEK PARTNERS, LLC, AN ILLINOIS : LIMITED LIABILITY COMPANY RANTEE(S) : RAINTREE VILLAGE II, L.L.C., AN : ILLINOIS LIMITED LIABILITY COMPANY RECORDED : APRIL 28, 2006 DOCUMENT : 200600012557 AFFECTS : UNDERLYING LAND NOTE : THIS IS THE LAST DEED OF RECORD. NOTE : THERE WERE NO DEEDS RECORDED OVER THE LAST 24 MONTHS. AFFECTS: PARCEL 27. IN THE EVENT OF A PARTIAL LOSS, THE INSURED SHALL BE A CO-INSURER AND ONLY SUCH PROPORTION OF ANY PARTIAL LOSS ESTABLISHED SHALL BE BORNE BY THIS COMPANY AS THE AMOUNT OF THIS POLICY BEARS TO THE ACTUAL VALUE OF THE SUBJECT PROPERTY AT THE EFFECTIVE DATE OF THIS POLICY. NOTHING HEREIN SHALL BE CONSTRUED AS IMPAIRING OR MODIFYING THE CO-INSURANCE AND APPORTIONMENT PROVISIONS OF THE CONDITIONS AND STIPULATIONS OF THIS POLICY. THIS COMMITMENT IS ISSUED AS AN ACCOMMODATION FOR AN AMOUNT LESS THAN THE VALUE OF THE INSURED PROPERTY. A FINAL POLICY OF TITLE INSURANCE WILL BE ISSUED ONLY IF IT IS IN AN AMOUNT EQUAL TO THE VALUE OF THE PROPERTY. 28. IF THE TRANSACTION WE HAVE BEEN ASKED TO INSURE DOES CLOSE, THE BUYER WILL BE RESPONSIBLE FOR PAYMENT OF NORMAL RECORDING CHARGES AND OUR UPDATE FEE OF $100.00. PLEASE CALL US IF YOU HAVE ANY QUESTIONS REGARDING THOSE CHARGES. 29. EFFECTIVE JUNE 1 , 2009, PURSUANT TO PUBLIC ACT 95-988, SATISFACTORY EVIDENCE OF IDENTIFICATION MUST BE PRESENTED FOR THE NOTARIZATION OF ANY AND ALL DOCUMENTS NOTARIZED BY AN ILLINOIS NOTARY PUBLIC. SATISFACTORY IDENTIFICATION DOCUMENTS ARE DOCUMENTS THAT ARE VALID AT THE TIME OF THE NOTARIAL ACT; ARE ISSUED BY A STATE OR FEDERAL GOVERNMENT AGENCY; BEAR THE PHOTOGRAPHIC IMAGE OF THE INDIVIDUAL'S FACE; AND BEAR THE INDIVIDUAL'S SIGNATURE. COUNTERSIGNED:( END Print Daterrime: 09/16/09 11 :04 AM COMMITMENT FOR TITLE INSURANCE NORTH AMERICAN TITLE COMPANY NORTH AMERICAN TITLE COMPANY-YORKVILLE AGENT FOR NORTH AMERICAN TITLE INSURANCE COMPANY 373 S COUNTY FARM RD WHEATON , IL 60187 PHONE: (630)690-9500 SCHEDULE A 1 . FILE NUMBER: 15836-09-03542 COMMITMENT NUMBER: . 2. EFFECTIVE DATE: AUGUST 6, 2009 AMOUNT: 3. POLICY TO BE ISSUED ALTA OWNER'S POLICY (06-17-06) $ 102000.00 PROPOSED INSURED: UNITED CITY OF YORKVILLE 4. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO HEREIN IS FEE SIMPLE AND IS AT THE EFFECTIVE DATE HEREOF VESTED IN: RAINTREE VILLAGE II L.L.C., AN ILLINOIS LIMITED LIABILITY COMPANY 5. THE MORTGAGE OR TRUST DEED TO BE INSURED , WHICH ENCUMBERS THE PROPERTY, AND THE ASSIGNMENTS THEREOF, IF ANY, ARE DESCRIBED AS FOLLOWS: TO COME 6. THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: SEE SCHEDULE "C" ATTACHED HERETO AND MADE A PART HEREOF REFER TO: BETSYILLINGWORTH (630)690-9500 email: billingworth @nat.com Email closing packages to il.closingpackages @natdocs.com http://www.nat.com Copyright 2009, NORTH AMERICAN TITLE COMPANY Print Date/Time: 09/17/09 01 :47 PM S241LLTC.4277 Rev. 10/13/06 NORTH AMERICAN TITLE COMPANY-YORKVILLE AGENT FOR North American Title Insurance Company 373 S COUNTY FARM RD WHEATON, IL 60187 PHONE: (630)690-9500 SCHEDULE C FILE NUMBER15836-09-03542 COMMITMENT NUMBER: . LOT 286 IN RAINTREE VILLAGE UNIT 4, BEING A SUBDIVISION OF PART OF SECTIONS 3 AND 10, TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED MAY 30, 2006 AS DOCUMENT NUMBER 2006-015999, IN KENDALL COUNTY, ILLINOIS. S241LLTC 4279 Rev . 08/30/06 Print Date/Time: 09/17/09 01 :47 PM NORTH AMERICAN TITLE COMPANY-YORKVILLE AGENT FOR North American Title Insurance Company 373 S COUNTY FARM RD W HEATON, IL 60187 PHONE: (630)690-9500 SCHEDULE B FILE NUMBER: 15836-09-03542 COMMITMENT NUMBER: . AN OWNER'S POLICY ISSUED IN CONNECTION WITH THIS COMMITMENT WILL CONTAIN THE FOLLOWING STANDARD EXCEPTIONS UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY. 1 . RIGHTS OR CLAIMS OF PARTIES OTHER THAN THE INSURED IN ACTUAL POSSESSION OF ANY OR ALL OF THE PROPERTY. 2. UNRECORDED EASEMENTS, DISCREPANCIES OR CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA AND ENCROACHMENTS WHICH AN ACCURATE AND COMPLETE SURVEY WOULD DISCLOSE. 3. ANY ENCROACHMENT, ENCUMBRANCE , VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE AFFECTING THE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND. 4. UNFILED MECHANICS' OR MATERIALMEN'S LIENS. 5. THE LIEN OF REAL ESTATE TAXES OR ASSESSMENTS IMPOSED ON THE TITLE BY A GOVERNMENTAL AUTHORITY DUE OR PAYABLE, BUT UNPAID. SPECIAL EXCEPTIONS SCHEDULE B OF THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING MATTERS UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY: A. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS, IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR TO THE DATE THE PROPOSED INSURED ACQUIRES FOR VALUE OF RECORD THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS COMMITMENT. B. THE POLICY TO BE ISSUED CONTAINS AN ARBITRATION CLAUSE. ANY MATTER IN DISPUTE BETWEEN YOU AND THE COMPANY MAY BE SUBJECT TO ARBITRATION AS AN ALTERNATIVE TO COURT ACTION. UPON REQUEST, THE COMPANY WILL PROVIDE A COPY OF THIS CLAUSE AND THE ACCOMPANYING ARBITRATION RULES PRIOR TO THE CLOSING OF THE TRANSACTION, ANY DECISION REACHED BY ARBITRATION SHALL BE BINDING UPON BOTH YOU AND THE COMPANY. THE ARBITRATION AWARD MAY INCLUDE ATTORNEY'S FEES , IF ALLOWED BY STATE LAW, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF PROPER JURISDICTION. 1 . GENERAL TAXES FOR THE YEAR(S) : 2009 PERMANENT INDEX NUMBER(S) : 05-03-380-001 TOWNSHIP : KENDALL THE 2009 REAL ESTATE TAXES ARE NOT YET DUE OR PAYABLE. 2. BUILDING LINE ESTABLISHED BY PLAT OF SUBDIVISION SIZE : 30 FEET LOCATION : ALL LOT LINES 3. AN EASEMENT AFFECTING THAT PART OF THE PROPERTY NOTED HEREIN FOR PUBLIC UTILITIES AND DRAINAGE AS CREATED BY PLAT OF SUBDIVISION AFFECTS : ALL OF SAID LOT 286 NORTH AMERICAN TITLE COMPANY-YORKVILLE AGENT FOR North American Title Insurance Company 373 S COUNTY FARM RD WHEATON, IL 60187 PHONE: (630)690-9500 FILE NUMBER: 15836-09-03542 COMMITMENT NUMBER: 4. COVENANTS, CONDITIONS AND RESTRICTIONS CREATED BY THE FOLLOWING INSTRUMENT: RAINTREE VILLAGE, UNIT 4 RECORDED : MAY 30, 2006 DOCUMENT : 2006-015999 SAID COVENANTS, CONDITIONS, AND RESTRICTIONS DO NOT PROVIDE FOR A REVERSION OF TITLE IN THE EVENT OF A BREACH THEREOF. 5. COVENANTS, CONDITIONS AND RESTRICTIONS CREATED BY THE FOLLOWING INSTRUMENT: WARRANTY DEED RECORDED : AUGUST 9, 2005 DOCUMENT : 2005-00022868 AFFECTS : UNDERLYING LAND SAID COVENANTS, CONDITIONS, AND RESTRICTIONS DO NOT PROVIDE FOR A REVERSION OF TITLE IN THE EVENT OF A BREACH THEREOF. 6. COVENANTS, CONDITIONS AND RESTRICTIONS CREATED BY THE FOLLOWING INSTRUMENT: RAINTREE VILLAGE II L.L.C. RECORDED : MARCH 22, 2007 DOCUMENT : 200700009518 SAID COVENANTS, CONDITIONS, AND RESTRICTIONS DO NOT PROVIDE FOR A REVERSION OF TITLE IN THE EVENT OF A BREACH THEREOF. 7. RIGHTS OF THE PUBLIC, THE STATE OF ILLINOIS AND THE MUNICIPALITY IN AND TO THAT PART OF LAND, IF ANY, TAKEN OR USED FOR ROAD PURPOSES, INCLUDING THAT PART, IF ANY, DEDICATED BY AN INSTRUMENT RECORDED JUNE 24, 1939 IN BOOK 93 OF DEEDS AT PAGE 25 AND DEDICATED FOR PUBLIC HIGHWAY ROUTE 126, BY INSTRUMENT DATED NOVEMBER 7, 1935 AND RECORDED MARCH 31 , 1936 IN DEED RECORD 87, PAGE 299 MADE BY ALFRED E. AHRENS AND OTHERS. 8. AGREEMENT DATED APRIL 21 , 1977 AND RECORDED SEPTEMBER 2, 1977 AS DOCUMENT NUMBER 77-5235 MADE BY CHARLES E. BLACKFORD AND OTHERS WHEREIN IT WAS AGREED THAT THE PARTIES TO SAID AGREEMENT AND THEIR HEIRS AND ASSIGNS WOULD NOT PURSUE ANY COURSE OF ACTION DESIGNATED TO DEVELOP A WASTE MANAGEMENT, DISPOSAL, STORAGE OR TREATMENT SITE ON THE LAND. 9. ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT DATED MARCH 28, 1997 AS DISCLOSED BY AMENDMENT TO ANNEXATION AGREEMENT RECORDED JANUARY 28, 2003 AS DOCUMENT NUMBER 200300002859. MADE BY AND BETWEEN WYNDHAM DEERPOINT HOMES, CREEK PARTNERS LLC AND UNITED CITY OF YORKVILLE, RELATING TO THE DEVELOPMENT OF THE LAND. 10. THE LAND LIES WITHIN THE BOUNDARIES OF A SPECIAL SERVICE AREA AS DISCLOSED BY ORDINANCE RECORDED AS DOCUMENT NUMBER 20030034330 AND IS SUBJECT TO ADDITIONAL TAXES UNDER THE TERMS OF SAID ORDINANCE AND SUBSEQUENT RELATED ORDINANCES. 11 . THE LAND LIES WITHIN THE BOUNDARIES OF A SPECIAL SERVICE AREA AS DISCLOSED BY ORDINANCE RECORDED AS DOCUMENT NUMBER 20030032746 AND IS SUBJECT TO ADDITIONAL TAXES UNDER THE TERMS OF SAID ORDINANCE AND SUBSEQUENT RELATED ORDINANCES. 12. THE LAND LIES WITHIN THE BOUNDARIES OF A SPECIAL SERVICE AREA AS DISCLOSED BY ORDINANCE RECORDED AS DOCUMENT NUMBER 20050038142 AND IS SUBJECT TO ADDITIONAL TAXES UNDER THE TERMS OF SAID ORDINANCE AND SUBSEQUENT ADDITIONAL ORDINANCES. NORTH AMERICAN TITLE COMPANY-YORKVILLE AGENT FOR North American Title Insurance Company 373 S COUNTY FARM RD WHEATON, IL 60187 PHONE: (630)690-9500 FILE NUMBER: 15836-09-03542 COMMITMENT NUMBER: 13. DECLARATION OF CONSENT TO CREATION OF SPECIAL SERVICE AREA NUMBER 2004-107 AND IMPOSITION OF SPECIAL SERVICE AREA TAX PURSUANT THERETO (RAINTREE VILLAGE II PROJECT: RECORDED DECEMBER 14, 2005 AS DOCUMENT NUMBER 20050038626. 14. FOR INFORMATION PURPOSES THE REAL ESTATE TAX AMOUNTS ARE AS FOLLOWS: YEAR : 2008 FIRST INSTALLMENT : $0.00 SECOND INSTALLMENT : $0.00 PERMANENT INDEX NO : 05-03-380-001 15. GENERAL TAXES HAVE BEEN PAID FOR THE YEAR 2008. 16, WE SHOULD BE ADVISED WHETHER ANY RECENT IMPROVEMENTS HAVE BEEN PLACED ON THE SUBJECT PROPERTY WITHIN THE LAST SIX MONTHS, 17. LIMITATIONS AND CONDITIONS IMPOSED BY LAW UPON MUNICIPAL CORPORATIONS 18. GRANTOR(S) : CREEK PARTNERS, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY : AND WYNDHAM DEERPOINT HOMES, AN ILLINOIS GENERAL : PARTNERSHIP (WDH) GRANTEE(S) : RAINTREE VILLAGE II L.L.C., AN ILLINOIS LIMITED LIABILITY COMPANY TYPE OF DEED: SPECIAL WARRANTY DEED RECORDED : AUGUST 9, 2005 DOCUMENT : 200500022868 AFFECTS : UNDERLYING LAND NOTE : THIS IS THE LAST DEED OF RECORD. NOTE : THERE WERE NO DEEDS RECORDED OVER THE LAST 24 MONTHS. 19. WE SHOULD BE FURNISHED A WRITTEN STATEMENT FROM THE FOLLOWING ASSOCIATION THAT THERE ARE NO UNPAID DUES OR ASSESSMENTS AGAINST THE SUBJECT PROPERTY. ASSOCIATION: 20. IF THE TRANSACTION WE HAVE BEEN ASKED TO INSURE DOES CLOSE, THE BUYER WILL BE RESPONSIBLE FOR PAYMENT OF NORMAL RECORDING CHARGES AND OUR UPDATE FEE OF $75.00. PLEASE CALL US IF YOU HAVE ANY QUESTIONS REGARDING THOSE CHARGES. 21 . EFFECTIVE JUNE 1 , 2009, PURSUANT TO PUBLIC ACT 95-988, SATISFACTORY EVIDENCE OF IDENTIFICATION MUST BE PRESENTED FOR THE NOTARIZATION OF ANY AND ALL DOCUMENTS NOTARIZED BY AN ILLINOIS NOTARY PUBLIC. SATISFACTORY IDENTIFICATION DOCUMENTS ARE DOCUMENTS THAT ARE VALID AT THE TIME OF THE NOTARIAL ACT; ARE ISSUED BY A STATE OR FEDERAL GOVERNMENT AGENCY; BEAR THE PHOTOGRAPHIC IMAGE OF THE INDIVIDUAL'S FACE; AND BEAR THE INDIVIDUAL'S SIGNATURE. 22. PURSUANT TO THE RECORDED SUBDIVISION, THIS PROPERTY IN QUESTION WAS DEDICATED TO THE UNITED CITY OF YORKVILLE FOR PARK PURPOSE, AND ANY CHANGE IN OWNERSHIP DOES NOT CHANGE THIS DESIGNATION. COUNTERSIGNED: LA�j / 1 END Print Date/Time: 09/17109 01 :47 PM ' NORTH 222 N. County Street. • P.O. Box 1130 mm �+ WAUKEGAN , ILLINOIS 60079-1130 INVOICE 1 AMERICAN (847) 249-1200 FAX (847) 249_1207 TITLE WEBSITE: www.nat.com EMAIL: title @nat.com ■ COMPANY Like Clockwork® 114925 RAINTREE 2300 N BARRINGTON RD SUITE 700 HOFFMAN ESTATES, IL 60195 Invoice Date: September 16, 2009 File No.: 15836-09-03542 Invoice: 15836-09-03542-0 Customer Reference: UNITED CITY OF YORKVILLE -UNLISTED, YORKVILLE, IL 60560 Owners Policy: $ 10,000.00 Loan Policy: 0.00 DESCRIPTION AMOUNT BUYERS: N/C Endorsements - COMP 0.00 Recording Deed 34.75 Recording Fee Service Charge 30.00 State of Illinois Policy Fee 3.00 Later Date Policy Fee 75.00 BALANCE DUE FROM BUYER: $ 142.75 SELLERS : Owner's Policy 815.00 Later Date Policy Fee 75.00 BALANCE DUE FROM SELLER: $ 890.00 INVOICE TOTAL AMOUNT DUE: $ 11032.75 When deed is presented for recording payment for revenue stamps and all open fees is appreciated. Recording fees are estimated and includes a service charge. Actual fees will vary from the amount billed. S241LLTM.4650 Rev. 7117107 09/17/09101 :47 PM NORTH AMERICAN TITLE INSURANCE COMPANY STATEMENT REQUIRED FOR THE ISSUANCE OF ALTA OWNERS AND LOAN POLICIES Commitment Nos. 15836-09-03542 and 15836-07-0082-1 Loan No. Date: To the best knowledge and belief of the undersigned, the following is hereby certified with respect to the land described in the above commitment. I. That, except as noted at the end of this paragraph, within the last six (6) months a) no labor, service or materials have been furnished to improve the land, or to rehabilitate, repair, refurbish, or remodel the building(s) situated on the land; b) nor have any goods, chattels, machinery, apparatus or equipment been attached to the land or buildings(s) thereon, as fixtures; c) nor have any contracts been let for the furnishing of labor, service, materials, machinery, apparatus or equipment which are to be completed subsequent to the date hereof; d) nor have any notices of lien been received, except the following, if any: NONE 2. That all management fees, if any, are fully paid, except the following: NONE 3. That there are no unrecorded security agreements, leases, financing statements, chattel mortgages or conditional sales agreements in respect to any appliances, equipment or chattels that have or are to become attached to the land or any improvements thereon as fixtures, except the following, if any: NONE 4. That there are no unrecorded contracts or options to purchase the land, except the following, if any: NONE 5. That there are no unrecorded leases, easements or other servitudes to which the land or building, or portions thereof, are subject, except the following, if any: NONE 6. That, in the event the undersigned is a mortgagor in a mortgage to be insured under a loan policy to be issued pursuant to the above commitment, the mortgage and the principal obligations it secures are good and valid and free from all defenses; that any person purchasing the mortgage and obligations it secures, or otherwise acquiring any interest therein, may do so in reliance upon the Huth of the matters herein recited; and that this certification is made for the purpose of better enabling the holder or holders, from time to time, of the above mortgage and obligations to sell, pledge or otherwise dispose of the same freely at any time, and to insure the purchasers of pledge thereof against any defenses thereto by the mortgagor or the mortgagor's heirs, personal representatives or assigns. The undersigned makes the above statement for the purpose of inducing North American Title Insurance Company to issue its owners or loan policy pursuant to the above commitment. Seller or Owner RAINTREE VILLAGE II L.L.C., an Illinois limited liability company By: Lennar Communities of Chicago L.L.C.., an Illinois limited liability company, its managing member By: Glenn Richmond, a Vice President LENDER'S DISBURSEMENT STATEMENT The undersigned hereby certifies that the proceeds of the loan secured by the mortgage to be insured under the loan policy to be issued pursuant to the above commitment were fully disbursed to or on the order of the mortgagor on , 200_. You are hereby authorized to date down the above commitment to cover the date of said disbursement. Signature {30034: 069: 00475001 .DOC : ) NORTH AMERICAN TITLE INSURANCE COMPANY STATEMENT REQUIRED FOR THE ISSUANCE OF ALTA OWNERS AND LOAN POLICIES Commitment Nos. 15836-07-00880-3 and 15836-07-00882- 1 Loan No. Date: To the best knowledge and belief of the undersigned, the following is hereby certified with respect to the land described in the above commitment. 1. That, except as noted at the end of this paragraph, within the last six (6) months a) no labor, service or materials have been furnished to improve the land, or to rehabilitate, repair, refurbish, or remodel the building(s) situated on the land; b) nor have any goods, chattels, machinery, apparatus or equipment been attached to the land or buildings(s) thereon, as fixtures; c) nor have any contracts been let for the furnishing of labor, service, materials, machinery, apparatus or equipment which are to be completed subsequent to the date hereof; d) nor have any notices of lien been received, except the following, if any: NONE 2. That all management fees, if any, are fully paid, except the following: NONE 3. That there are no unrecorded security agreements, leases, financing statements, chattel mortgages or conditional sales agreements in respect to any appliances, equipment or chattels that have or are to become attached to the land or any improvements thereon as fixtures, except the following, if any: NONE 4. That there are no unrecorded contracts or options to purchase the land, except the following, if any: NONE 5. That there are no unrecorded leases, easements or other servitudes to which the land or building, or portions thereof, are subject, except the following, if any: NONE 6. That, in the event the undersigned is a mortgagor in a mortgage to be insured under a loan policy to be issued pursuant to the above commitment, the mortgage and the principal obligations it secures are good and valid and free from all defenses; that any person purchasing the mortgage and obligations it secures, or otherwise acquiring any interest therein, may do so in reliance upon the truth of the matters herein recited; and that this certification is made for the purpose of better enabling the holder or holders, from time to time, of the above mortgage and obligations to sell, pledge or otherwise dispose of the same freely at any time, and to insure the purchasers of pledge thereof against any defenses thereto by the mortgagor or the mortgagor's heirs, personal representatives or assigns. The undersigned makes the above statement for the purpose of inducing North American Title Insurance Company to issue its owners or loan policy pursuant to the above commitment. Seller or Owner RAINTREE VILLAGE L.L.C., an Illinois limited liability company By: Lennar Chicago, Inc., an Illinois corporation, its managing member By: Glenn Richmond, a Vice President LENDER'S DISBURSEMENT STATEMENT The undersigned hereby certifies that the proceeds of the loan secured by the mortgage to be insured under the loan policy to be issued pursuant to the above commitment were fully disbursed to or on the order of the mortgagor on , 200. You are hereby authorized to date down the above commitment to cover the date of said disbursement. Signature {30034: 069: 00474999.DOC : } PTAXm203 Illinois Real Estate m" �_. Transfer Declaration 20 Please read the instructions before completing this form. a a ':. .c. No This form can be completed electronically at tax.illinois.gov/retd. = g` Step 1 : Identify the property and sale information. smo Vc i Lot 106- Vacant Land on Parkside& Warbler Lane Lot 2)6 - vacant Land at 2224 Tremors Avenue o c 1 oo ?egt; Street address of property y (or 917 address. A available) ' U Yorkville Received bv: City or village ZIP Kendall 9 Identify any significant physical changes in the property since Township January 1 of the previous year and write the date of the change. 2 Write the total number of parcels to be transferred. 2 3 Write the parcel identifying numbers and lot sizes or acreage. Date of significant change:_ _ p ty 9 Month Year Parcel identifying number Lot size or acreage (Mark with an "X.1 a 05-10-105-002 1 .909 _ Demolition/darrage _ Addltions _Major remodeling b 05-09-212-003 2.603 New construction _ Other (specify): c 10 Identify only the items that apply to this sale. (Mark with an "x^) d a _ Fulfillment of installment contract— year contract Write additional parcel identifiers and lot sizes or acreage in Step 3. initiated : _ _ 4 Date of instrument: 0 9 2/ 0 0 9 b Sale between related individuals or corporate affiliates moron year c Transfer of less than 100 percent interest 5 Type of instrument (Mark with an "x'): ___.__ Warranty deed d _ Court-ordered sale —Quitclaim deed — Executor deed Trustee deed a Sale in lieu of foreclosure Beneficial interest ✓ Other (speety): special warranty Deed f Condemnation 6 _ Yes ✓ No Will the property be the buyer's principal residence? g _ Auction sale 7 — Yes No Was the property advertised for sale? h — Seller/buyer is a relocation company (i.e., media, sign, newspaper, reactor) i _ Seller/buyer is a financial institution or government agency 8 Identify the property's current and intended primary use. Buyer is a real estate investment trust Current Intended (Mark only one item per column with an "X:') f Y a v ✓ Land/lot only k Buyer is a pension fund b_ _ Residence (single-lamlly, condominium, lownhome, or duplex) I _ . Buyer is an adjacent property owner c_ _ Mobile home residence m_ Buyer is exercising an option to purchase d Apartment building Is units or less) No. o1 units: n Trade of property (simultaneous) e_ _ Apartment building lovers units) Nam units: o Sale-leaseback f _ _ Office p Other (specify): Dedication of land to a govcmmental body g_ _ Retail establishment h_ _ Commercial building (specity) : q Homestead exemptions on most recent tax bill: i _ _ Industrial building 1 GenemVAlternative $ ° I _ Farm 2 Senior Citizens $ 0 k_ _ Other (spedty): 3 Senior Citizens Assessment Freeze $ ° Step 2: Calculate the amount of transfer tax due. Note: Round Lines 11 through 18 to the next highest whole dollar. If the amount on Line 11 is over $1 million and the property's current use on Line 8 above is marked oie' 1" "g" "h"9° or"k` complete Form PTAX-203-A, Illinois Real Estate Transfer Declaration Supplemental Form A. If you are recording a beneficial interest transfer, do not complete this step. Complete Form PTAX-203-8, Illinois Real Estate Transfer Declaration Supplemental Form B. 11 Full actual consideration 11 $ 0 12a Amount of personal property included in the purchase 12a $ 0 12b Was the value of a mobile home included on Line 12a? 12b _ Yes _ No 13 Subtract Line 12a from Line 11 . This is the net consideration for real property. 13 $ 0 14 Amount for other real property transferred to the seller (in a simultaneous exchange) as part of the full actual consideration on Line 11 14 $ 15 Outstanding mortgage amount to which the transferred real property remains subject 15 $ 0 16 If this transfer is exempt, use an "X" to identify the provision. 16 ✓b _k _ m 17 Subtract Lines 14 and 15 from Line 13. This lathe net consideration subject to transfer tax. 17 $ 0 18 Divide Line 17 by 500. Round the result to the next highest whole number (e.g., 61.002 rounds to 62). 18 0 19 Illinois tax stamps — multiply Line 18 by 0.50. 19 $ 0 20 County tax stamps — multiply Line 18 by 0.25. 20 $ 0 21 Add Lines 19 and 20. This is the total amount of transfer tax due. 21 $ 0 This form is authodzetl In accordance with 351LCS 200/31-1 et seq-Disclosure of this information PTAX-203 (R-6/05) is REQUIRED.This form has been approved by the Forms Management Center. IL-992.0227 Page i of 4 Step 3: Write the legal description from the deed. write, type (minimum 10-point font required), or attach the legal description from the deed. If you prefer, submit an 81 12' x 11" copy of the extended legal description with this form. You may also use the space below to write additional parcel identifiers and lots sizes or acreage from Step 1 , Line 3. - See attached Exhibit A Step 4: Complete the requested information. The buyer and seller (or their agents) hereby verify Mat to the best of their knoWladBe and ballet, the full actual consideration and lads stated m This declaration are Ime and correct. ll this hartSaclion involves aM real.esiete bated in Cook County the buyer and seller (or their agents) hereby van Ihat to the bast of their knowled e, the name of the buyer shown on the deed or assignment o eneltclal inter t 'n s land imst is at a natural parson, an Illinois corporation or foreign corpomllon aNhorizetl to do �usiness or acquke and hold title to real estate iri 11110 ors. a partnership aulhm zer� to do business or ��guire and hold tit t� real estate in Illinois, or other enury recognized as a person and authorized to do business or ecquue and hol Igle to reel estate under the taws of the Slate o Ilinois. Any person w o xnllfully falsities or omits any information required in this declaretion shall be guilty of a Class B misdemeanor br the first offense and a Class A misdemeanorfor subsequent offenses. An4 person who knowingly submits a false atfllament concerning the ttlenl8y of a grentee shall be or of a Class C misdemeanor for Me first offense antl of a Class A misdemeanor or subsequent offenses. Seller Information (Please print.) Raintree Village L.L.C. Sellers or trustee's name Seller's trust number (it applicable - not an SSN or FEIN) 2300 Barrington Road Suite 600 Hoffman Estates IL 60169 Street address (after sale) City Slate ZIP ( 847 ) 252-5015 Seller's or agent's signature Seller's daytime phone Buyer Information (Please print.) United City of Yorkville Buyer's or trustee's name Buyers trust number (if applicable - not an SSN or FEIN) 800 Game Farm Road Yorkville IL 60566 Street address (after sale) City State ZIP ( 630 ) 553-4350 Buyers or agent's signature Buyers daytime phone Mail tax bill to: United City of Yorkville 800 Game Farm Road Yorkville IL 60566 Name or company Street address City Slate ZIP Preparer Information (Please print,) Brian Meltur, Meitner. Puni lie & Stelle LLC Preparers and company's name Preparers file number (i1 applicable) 1515 E. Woodfield Road, Second Floor Schaumburg IL 60173 Street address Ciry Stale ZIP ( 847 ) 330-2400 Preparer's signature Preparers daytime phone Preparers e-mail address (if available) Identify any required documents submitted with this form. (mark with an °x°) . Extended legal description _Form PTAX-203-A Itemized list of personal property _Form PTAX-203-B To be completed by the Chief County Assessment Officer 1 _ _ _ _ _ _ _ _ _ — 3 Year prior to sale _ _ — _ County Township Class cook-Minor Code t Code 2 4 Does the sale involve a mobile home assessed as 2 Board of Review's final assessed value for the assessment year real estate? _ Yes _ No prior to the year of sale. — — — — — — — — 5 Comments Land Buildings _ , - - - , - - _ , _ _ - Total Illinois Department of Revenue Use Tab number Page 2 of 4 PTAx-203 (R-6/05) Instructions for Completing Form PTAX-203, Illinois Real Estate Transfer Declaration General Information (m)A deed or trust document related to the purchase of a principal The information requested on this form is required by the Real Estate residence by a participant in the program authorized by the Transfer Tax Law (35 ILCS 200/31 -1 at seq.). All parties involved in Home Ownership Made Easy Act, except that those deeds and trust documents shall not be exempt from filing the declaration. the transaction must answer each question completely and truthfully. What is the purpose of this form? Can criminal penalties be imposed? Anyone who willfully falsifies or omits any required information on County offices and the Illinois Department of Revenue use this form Form PTAX-203 is guilty of a Class B misdemeanor for the first to collect sales data and to determine if a sale can be used in offense and a Class A misdemeanor for subsequent offenses. assessment ratio studies. This information is used to compute Anyone who knowingly submits a false statement concerning the equalization factors. Equalization factors are used to help achieve a identity of a grantee of property in Cook County is guilty of a Class C state-wide uniform valuation of properties based on their fair market misdemeanor for the first offense and a Class A misdemeanor for value. subsequent offenses. The penalties that could be imposed for each Must I file Form PTAX-203? type of misdemeanor are listed below (35 ILCS 200/31-50 and 730 ILCS 5/5-8-3 and 5/5-9-1 ). You must file either (1 ) Form PTAX-203 and any required documents with the deed or trust document or (2) an exemption notation on the fAis0#meanor PrisonT original deed or trust document at the County Recorder's office within Class A less than 1 year $2W500 the county where the property is located. File Form PTAX-203 for all I Class B not more than 6 months $1 ,500 real estate transfers except those qualifying for exempt status under Class C not more than 30 days $1 ,500 (a), (c), (d), (e), (f), (g), (h); (f), Q), or (1) listed below. _ Which property transfers are exempt from real estate transfer tax? Line"by-line Instructions The following transactions are exempt from the transfer tax under The sellers and buyers or their agents must complete Steps 1 35 ILCS 200131-45. through 4 of this form. For transfers of a beneficial interest of a land (a) Deeds representing real estate transfers made before January 1 , trust, complete the form substituting the words "assignor" for "seller" 1968, but recorded alter that date and trust documents executed and "assignee" for "buyer." before January 1 , 1986, but recorded after that date. Step 1 : Identify the property and sale information. (b) Deeds to or trust documents relating to (1) property acquired by Line 1 — Write the property's street address (or 911 address, if any governmental body or from any governmental body, available), city or village, zip code and township in which the property (2) property or interests transferred between governmental is located. bodies, or (3) property acquired by or from any corporation, society, association, foundation or institution organized and Line 3 — Write all the parcel identifying numbers and the properties' operated exclusively for charitable, religious or educational lot sizes (e.g., 80' x 100') or acreage. If only the combined lot size or purposes. However, deeds or trust documents, other than those acreage is available for multiple parcels, write the total on Line 3a in which the Administrator of Veterans' Affairs of the United under the "lot size or acreage" column. If transferring only a part of States is the grantee pursuant to a foreclosure proceeding, shall the parcel, write the letters "PT' before the parcel identifying number not be exempt from filing the declaration. and write the lot size or acreage of the split parcel. If transferring a (c) Deeds or trust documents that secure debt or other obligation. condominium, write the parcel identifying number and the square feet (d) Deeds or trust documents that, without additional consideration, of the condominium unit. If surface rights are not being transferred, confirm, correct, modify, or supplement a deed or trust document indicate the rights being transferred (e.g., "minerals only"). If transfer- previously recorded. ring right-of-way (ROW) property that does not have a parcel (e) Deeds or trust documents where the actual consideration is less identifying number, write "ROW only." If five or more parcels are than $100. involved, use the space provided on Page 2, Step 3. The parcel (f) Tax deeds. identifying number is printed on the real estate tax bill and assess- (g) Deeds or trust documents that release property that is security ment notice. The chief county assessment officer can assist you with for a debt or other obligation. this Information. (h) Deeds of partition. Line 4 — Write the month and year from the instrument. (f) Deeds or trust documents made pursuant to mergers, consolida- Line 5 — Use an "X" to identity type of instrument i.e., deed, lions or transfers or sales f substantially all of the assets of ty the trust document, or facsimile) to be recorded with this form. For a corporations under plans of f reorganization under the Federal deed-in-trust, limited warranty, special warranty, trust deed, or other Internal Revenue Code (26 USC 368) or Title i t of the Federal Bankruptcy Act, deed types not listed on this form, select "Other" and write the deed 0) Deeds or trust documents made by a subsidiary corporation to type. "Joint tenancy" and "tenants-in-common" identify ownership its parent corporation for no consideration other than the rights and cannot be used as a deed type. cancellation or surrender of the subsidiary's stock. Line 6 — Select "Yes" if the property will be used as the buyer's (k) Deeds when there is an actual exchange of real estate and trust principal dwelling place and legal residence. documents when there is an actual exchange of beneficial Line 7 — Select "Yes" if the property was sold using a real estate interests, except that that money difference or money's worth agent or advertised for sale by newspaper, trade publication, radio/ paid from one to the other is not exempt from the tax. These electronic media, or sign, , deeds or trust documents, however, shall not be exempt from filing the declaration. Line B — Use an "X" to select one item under each of the column (1) Deeds issued to a holder of a mortgage, as defined in headings "Current" and "Intended" "Current' identities the current or Section 15.103 (now Section 15-1207) of the Code of Civil most recent use of the property. "Intended" identifies the Intended or Procedure, pursuant to a mortgage foreclosure proceeding or expected use of the property after the sale. If the property has more pursuant to a transfer in lieu of foreclosure. than one use, identify the primary use only. PTAX-203 (A-9/05) Page 3 of 4 Line Bh, Commercial building — Write the type of business (bank, On 81/z" x 11" paper, submit an itemized list of personal property hotellmotel, parking garage, gas station, theater, golf course, bowling (include values) transferred from the seller to the buyer if this sale alley, supermarket, shopping center, efc.)_ meets either of the following conditions: Line 8k, Other — Choose this item only if the primary use is not a residential property — if the amount of personal property (not listed and write the primary use of the property. including the value of a mobile home) on Line 12a is greater than Note: For Lines 8h and 8k, if the current and intended categories are 5 percent of the sale price on Line 11 , or the same but the specific use will change, (i.e., from bank to theater), a non-residential property — if the amount of personal property on write the current use on the line provided and write the intended Line 12a is greater than 25 percent of the sale price on Line 11 . use directly below the line provided. Residential personal property — Generally, "personal property" Line 9 — Use an "X" to identify any significant physical changes in includes items that are not attached (built-in) to the home and that are the property since January 1 of the previous year. Write the date the normally removed by the seller when vacating the property. Examples change was completed or the property was damaged. include artwork, automobiles and boats, draperies, furniture, free- Line 10 — Select only the items that apply to this sale. A definition is standing appliances (e.g., refrigerators, stoves, washers and dryers, provided below for all items marked with an asterisk. but not built-in appliances), lawn mowers, tractors, snow blowers, rugs (excludes wall-to-wall carpets), and window air-conditioners (excludes Line 10a, Fulfillment of installment contract — The installment central air). Include the value of a mobile home as personal property contract for deed is initiated in a calendar year prior to the calendar on Line 12a it it meets all of the following conditions: year in which the deed is recorded. Write the year the contract was . The value of the mobile home was included on Line 11 . initiated between the seller and buyer. Do not select this item if the installment contract for deed was initiated and the property was a The value of the mobile home was not included on the real estate transferred within the same calendar year. tax bill.a The structure meets the definition of a mobile home which is a Line 10c,Transfer of less than 100 percent interest — The seller factory-assembled structure designed for permanent habitation transfers a portion of the total interest in the property. Other owners and constructed to permit transport to another location where it is will keep an interest in the property. Do not consider severed mineral not resting on a permanent foundation. rights when answering this question. Commercial/industrial ersonal p property ti Generally, "personal Line 10d, Court-ordered sale — The property's sale was ordered by properly" is any Item that is not a permanent improvement to the land a court (e.g., bankruptcy, foreclosure, probate). and includes, but is not limited to, intangibles such as goodwill, Line 101, Seller/buyer is a financial institution — "Financial licenses, patents, franchises, business or enterprise values; and Institution" includes a bank, savings and Ivan, credit union, Resolu- certain tangibles such as inventories, cash registers and shopping tion Trust Company, and any entity with "mortgage company" or carts, free-standing shelving and displays, furniture, office equipment "mortgage corporation" as part of the business name. and supplies, vehicles, and machinery and equipment not assessed Line 10m, Buyer is exercising an option to purchase —The sale as real estate. price was predicated upon the exercise of an option to purchase at a Generally, "personal property does not include building components predetermined price. (e.g., wiring and lighting, heating, air-conditioning, plumbing, fire Line 10n, Trade of property (simultaneous) — Buyer trades or protection); foundations, pits and other building components for exchanges-with the seller one or more items of real estate for part or specialized or heavy machinery; permanent fixtures including, but not all of the full actual consideration (sale price) on Line 11 . limited to, machinery and equipment and cranes assessed as real Line 10p, Other — estate, craneways, and non-portable tanks; and site Improvements p Explain any special facts or circumstances involving such as paving and fencing. this forced the sale that may have affected the sale price or sale agreement Line 14 — Write the amount of other real estate transferred from the or forced the sale of the property.This includes property that is subject to an existing lease or property that is part of an IRC §1031 Exchange. buyer to the seller that was included in the sale price on Line 11 .This Line 10q, Homestead exemptions on most recent tax bill — Write value only applies to a simultaneous exchange between the parties the dollar amount for any homestead exemption reflected on the most involved In this transaction. Do not include the value of property recent annual tax bill. involved in a deferred exchange under IRC §1031 . Line 15 — Write an amount only if the deed or trust document states Step 2: Calculate the amount of transfer tax due. that the transferred property remains subject to a mortgage at the Round Lines 11 through 18 to the next highest whole dollar. time of the transfer. Note: File PTAX-203-B, Illinois Real Estate Transfer Declaration Line 16 — Use an "X" to identify the letter of the provision for the Supplemental Form B, when filing instruments other than deeds, or exemption from the transfer tax (i.e., (b), (k), or (m)) that applies to trust documents. (Do not complete Step 2, of the PTAX-203 when this transfer. See "Which property transfers are exempt from real filing the PTAX-203-B). estate transfer tax?" in these instructions. Line 11 — Write the full actual consideration (sale price). Full actual Step 3: Write the legal description from the deed. consideration is the amount actually paid, excluding any amount Write the legal description from the deed. Use a minimum 10-point credited against the purchase price or refunded to the buyer for font if the legal description is typed. If the legal description will not fit improvements or repairs to the property. Include the amount for other in the space provided, submit an 81/2" x 11" copy of the extended real estate transferred in a simultaneous exchange from the buyer to legal description from the deed with this form. the seller, even if the transfer involves an even exchange. Also include the amount of outstanding mortgages to which the property Step 4: Complete the requested information. remains subject at the time of the transfer. Write the requested information for the seller, buyer, and preparer. Note: File PTAX-203-A, Illinois Real Estate Transfer Declaration Write the addresses and daytime phone numbers where the seller Supplemental Form A, if the amount on Line 11 Is over $1 million and and buyer can be contacted after the sale. the property's current use on Line 8 is marked "Apartment building (over 6 units)," "Office; "Retail establishment," "Commercial building;' The seller and buyer (or their agents) and preparer must sign this "Industrial building," or "Other." form. By signing the form, the parties involved in the real estate Line 12a — Write the amount of personal property items included in transfer verify that the sale price on Line 11 . Do not include the value of a beneficial a they have examined the completed Form PTAX-203, Interest of a land trust. Personal property items are generally listed a the information provided on this form is true and correct, and on the "bill of sale." If you are uncertain as to whether an item is real a they are aware of the criminal penalties of law associated with estate or personal property, consult your attorney, tax advisor, or the falsifying or omitting any information on this form. chief county assessment officer. Use an "X" to identify any required documents submitted with this Page 4 of 4 form. PTAX-203 )R-9/05) m Qo1111,y Illinois Real Estate w `. P . _. . Transfer Declaration TO ,please read the instructions before completing this form. 0 D, ,C. No : This Corm can be completed electronically at tax.illinois.gov/recd. = S 3m ;rr;;,: Step 1 : Identify the property and sale information. GM 1 Lot 467 - 2174 Tremont Ave / Lot 286 - 1148 Hawk Hollow Drive o 'o Street address of property (or 911 address, if available) b Yorkville Received bv: City or village ZIP Kendall 9 Identify significant fy an y nificant g physical changes in the property since Township I January 1 of the previous year and write the date of the change. 2 Write the total number of parcels to be transferred. 3 Write the parcel identifying numbers and lot sizes or acreage. Date of significant change:_ Parcel identifying number Lot size or acreage (Mark with an-X.-) Month Year a os-10-109 oo8 1.809 _ Demollbon/damage _ Additions Majorremodeling b 05.03-380.001 12,093 _ New construction _ Other (specify): a 10 Identify only the items that apply to this sale. (Mark with an °xr) d a _ Fulfillment of installment contract — year contract Write additional parcel identifiers and lot sizes or acreage in Step 3. initiated 4 Date of instrument: 0 9 / 2 0 0 7 b _ Sale between related individuals or corporate affiliates Month Year c _ Transfer of less than 100 percent interest 5 Type of instrument (Mark with an -1cr): — Warranty deed d — Court-ordered sale _Quit claim deed _ Executor deed Trustee deed e _ Sale in lieu of foreclosure _ Beneficial interest ✓ Other (specify): special warranty Decd f _ Condemnation 6 _ Yes ✓ No Will the property be the buyer's principal residence? g Auction sale 7 — Yes No Was the property advertised for sale? h — Seller/buyer is a relocation company (err media, sign, newspaper, real I Seller/buyer is a financial institution or government agency 8 identify the property's current and intended d primary use. — current intended (Mark only one item per column with an °x.°) 1 — Buyer is a real estate investment trust a✓ ✓ Land/lot only - k _ Buyer is a pension fund b_ , Residence (single-tamily, condominium, lownhome, or duplex) I Buyer is an adjacent property owner C Mobile home residence m_ Buyer is exercising an option to purchase d_ _ Apartment building (6 units or less) No. of units: n _ Trade of property (simultaneous) e_ _ Apartment building (over 6 units) No. of units: o _ Sale-leaseback f _ _ Office p Other (specify): Dedication of land to a governmental body g_ _ Retail establishment h _ Commercial building (specify) : q _ Homestead exemptions on most recent tax bill: I _ Industrial building 1 General/Alternative $ 0 j _ _ Farm 2 Senior Citizens $ 0 k _ Other (specity): 3 Senior Citizens Assessment Freeze $ 0 Step 2: Calculate the amount of transfer tax due. Note: Round Lines 11 through 18 to the next highest whole dollar. If the amount on Line 11 is over $1 million and the property's current use on Line 8 above is marked "e; '1," "g,""h,""i;'or "k, complete Form PTAX-203-A, Illinois Real Estate Transfer Declaration Supplemental Form A. If you are recording a beneficial interest transfer, do not complete this step. Complete Form PTAX-203-B, Illinois Real Estate Transfer Declaration Supplemental Form B. 11 Full actual consideration 11 $ 0 12a Amount of personal property included in the purchase 12a $ 0 12b Was the value of a mobile home included on Line 12a? 12b Yes No 13 Subtract Line 12a from Line 11 . This is the net consideration for real property. 13 $ 0 14 Amount for other real property transferred to the seller (in a simultaneous exchange) as part of the full actual consideration on Line 11 14 $ 15 Outstanding mortgage amount to which the transferred real property remains subject 15 $ 0 16 If this transfer is exempt, use an "X" to identify the provision. 16 ✓b _k _ _ m 17 Subtract Lines 14 and 15 from Line 13. This is the net consideration subject to transfer tax. 17 $ 0 18 Divide Line 17 by 500. Round the result to the next highest whole number (e.g., 61.002 rounds to 62). 18 0 19 Illinois tax stamps — multiply Line 18 by 0.50. 19 $ 0 20 County tax stamps — multiply Line 18 by 0.25. 20 $ o 21 Add Lines 19 and 20. This is the total amount of transfer tax due. 21 $ 0 This roan is authorized in accordance with 351LC 5 2001314 of seq. Disclosure of this information PTAX-203 (R•a/OS) is REQUIRED.This term has been approved Dy the Forms Management Cantor. IL-492-0227 page 1 of 4 Step 3: Write the legal description from the deed- write, type (minimum 10-point font required), or attach the legal description from the deed. If you prefer, submit an 812" x 11" copy of the extended legal description with this form.You may also use the space below to write additional parcel identifiers and lots sizes or acreage from Step 1 , Line 3. See attached Exhibit A Step 4: Complete the requested information. The buyer and seller (or their agents) hereby verify that to the best of their knowledge and belief, the full actual consideration and facts stated in this declaration are true and correct. If this hansaction Involves any real estate located in Cook County the buyer and seller (or their agents) hereby verify that to the best of their knowled a, the name of the buyer shown on the deed or assignment of beneficial Interest In a land trust is eilher a natural person, an Illinois corporation or foreign corporation authorized to do Business or acquire and hold title to real estate in Illinois, a partnership authorized to do business or acquire and hold title to real estate in Illinois, or other enlay recognized as a person and authorized to do business or acquire and hold title to real estate under the laws of the Slate of orinois.Any person who willfully falsifies or omits any information required in this declaration shall be gully of a Class B ail be guilty of a Class C m demeanor for the firmisdemeanor t n fof s Class ant offenses.nY person who knowingly submits a false statement concerning the identity of a grantee Seller Information (Please print.) Raintree Village 11 L.L.C. sellers ortruslee's name Seller's trust number (if applicable - not an BEN or FEIN) 2300 Barrington Road Suite 600 Hoffman Estates IL 60169 Street address (after sale) City Slate ZIP ( 847 ) 252-5015 sellers or agent s signature Sellers daytime phone Buyer Information (Please print.) United City of Yorkville Buyer's or Irustee's name Buyers trust number (if applicable - not an SSN or FEIN) 800 Game Farm Road Yorkville IL 60566 Street address (after sale) Ciry state ZIP ( 630 ) 553.4350 Buyers or agent's signature Buyer's daytime phone Malt tax bill to: United City of Yorkville 800 Game Farm Road Yorkville IL 60566 Name or company Street address city Stale ZIP Preparer Information (Please print.) Brian Meltzer, Meltzer, Purtille & Stelie LLC P15151E. antl company's name Preparers file number if applicable) 1515 E. Woodfield Road, Second Floor Schaumburg IL 60193 Street address Cih' State ZIP ( 847 ) 330-2400 Preperer's signature Preparers daytime phone Preparers email address (if available) Identity any required documents submitted with this form. (Mark with an"X") . Extended legal description _Form PTAX-203-A Itemized list of personal property _Form PTAX-203-B o completed by the Chief County Assessment Officer f — 3 Year prior to sale County Township Class Cook-Minor Code 1 Coda 2 4 Does the sale involve a mobile home assessed as 2 Board of Review's final assessed value for the assessment year real estate? _ Yes _ No prior to the year of sale. — — — — — — — — 5 Comments I Land Buildings Total Illinois Department of Revenue Use Tab number Page 2 of 4 PTAX-203 (8-8105) Instructions for Completing Form PTAX-203 , Illinois Real Estate Transfer Declaration General Information (m)A deed or trust document related to the purchase of a principal The information requested on this form is required by the Real Estate fesidence by a participant in the program authorized by the i7ransfer Tax Law (35 ILCS 200/31 -1 at seq.). All parties involved in Home Ownership Made Easy Act, except that those deeds and trust documents shall not the transaction must answer each question completely and truthfully. exempt from filing the declaration. What is the purpose of this form? Can criminal penalties s be imposed? County offices and the Illinois Department of Revenue use this form Anyone who willfully falsifies or omits any required information fo the on Form PTAX-203 is guilty of a Class B misdemeanor for the first to collect sales data and to determine if a sale can be used in offense and a Class A misdemeanor for subsequent offenses. assessment ratio studies. This information is used to compute Anyone who knowingly submits a false statement concerning the equalization factors. Equalization factors are used to help achieve a identity of a grantee of property in Cook County is guilty of a Class C state-wide uniform valuation of properties based on their fair market misdemeanor for the first offense and a Class A misdemeanor for value. subsequent offenses. The penalties that could be imposed for each Must I file Form PTAX-203? type of misdemeanor are listed below (35 ILCS 200/31-50 and 730 ILCS 5/5-8-3 and 5/5-9-1 ). You must file either (1 ) Form PTAX-203 and any required documents x„ ,;;- . -, with the deed or trust document or (2) an exemption notation on the Misdemeanor Pn�on7r'm .MalamurriFt.- _ original deed or trust document at the County Recorder's office within Class A less than 1 year i $2,500 the county where the property is located. File Form PTAX-203 for all Class B not more than 6 months $1 ,500 real estate transfers except those qualifying for exempt status under Class C not more than 30 days $1 ,500 (a), (c), (d), (e), (f), (g), (h), (I), O1, or (I) listed below. —__.- - - ----- ---- Which property transfers are exempt from real estate transfer tax? Line-by-line Instructions The following transactions are exempt from the transfer tax under The sellers and buyers or their agents must complete Steps 1 35 ILCS 200131 -45. through 4 of this form. For transfers of a beneficial interest of a land trust, complete the form substituting the words "assignor” for "seller" (a) Deeds representing real estate transfers made before January 1 , and "assignee" for "buyer." 19682 but recorded after that date and trust documents executed before January 1 , 1986, but recorded after that date. Step 1 : Identify the property and sale information. (b) Deeds to or trust documents relating to (1 ) property acquired by Line 1 — Write the property's street address (or 911 address, if any governmental body or from any governmental body, available), city or village, zip code and township in which the property (2) property or interests transferred between governmental is located. bodies, or (3) property acquired by or from any corporation, society, association, foundation or institution organized and Line 3 — Write all the parcel identifying numbers and the properties' operated exclusively for charitable, religious or educational lot sizes (e.g., 80' x 100') or acreage. It only the combined lot size or purposes. However, deeds or trust documents, other than those acreage is available for multiple parcels, write the total on Line 3a in which the Administrator of Veterans' Affairs of the United under the "lot size or acreage" column. If transferring only a part of States is the grantee pursuant to a foreclosure proceeding, shall the parcel, write the fetters "PT" before the parcel identifying number not be exempt from filing the declaration. and write the lot size or acreage of the split parcel. If transferring a (c) Deeds or trust documents that secure debt or other obligation. condominium, write the parcel identifying number and the square feet (d) Deeds or trust documents that, without additional consideration, of the condominium unit. If surface rights are not being transferred, confirm, correct, modify, or supplement a deed or trust document indicate the rights being transferred (e.g., "minerals only"). If transfer- previously recorded. ring right-of-way (ROW) property that does not have a parcel (e) Deeds or trust documents where the actual consideration is less identifying number, write "ROW only." If five or more parcels are than $100. involved, use the space provided on Page 2, Step 3. The parcel (t) Tax deeds. - identifying number is printed on the real estate tax bill and assess- (g) Deeds or trust documents that release property that is security ment notice. The chief county assessment officer can assist you with for a debt or other obligation. this information. (h) Deeds of partition. Line 4 — Write the month and year from the Instrument. (f) Deeds or trust documents made pursuant to mergers, consolida- tions or transfers or sales of substantially all of the assets of Line 5 — Use an "X" to identity the type of instrument (i.e., deed, corporations under plans of reorganization under the Federal trust document, or facsimile) to be recorded with this form. For a Internal Revenue Code (26 USC 368) or Title 11 of the Federal deed-in-trust, limited warranty, special warranty, trust deed, or other Bankruptcy Act. - deed types not listed on this form, select "Other" and write the deed (j) Deeds or trust documents made by a subsidiary corporation to type. "Joint tenancy' and 'Yenants-in-common" identify ownership its parent corporation for no consideration other than the rights and cannot be used as a deed type. cancellation or surrender of the subsidiary's stock. Line 6 — Select "Yes" if the property will be used as the buyer's (k) Deeds when there is an actual exchange of real estate and trust principal dwelling place and legal residence. documents when there is an actual exchange of beneficial Line 7 — Select "Yes" if the property was sold using a real estate interests, except that that money difference or money's worth agent or advertised for sale by newspaper, trade publication, radio/ paid from one to the other is not exempt from the tax. These electroni c media, or sign. deeds or trust documents, however, shall not be exempt from filing the declaration. Line 8 — Use an "X' to select one Item under each of the column (1) Deeds issued to a holder of a mortgage, as defined in headings "Current" and "Intended." "Current' identifies the current or Section 15-103 (now Section 15-1207) of the Code of Civil most recent use of the property. "Intended" identifies the intended or Procedure, pursuant to a mortgage foreclosure proceeding or expected use of the property after the sale. If the property has more pursuant to a transfer in lieu of foreclosure. than one use, identity the primary use only. PTAX-203 (R-9105) Page 3 of 4 Line 8h, Commercial building — Write the type of business (bank, On 81/2" x 11" paper, submit an itemized list of personal property hotel/motel, parking garage, gas station, theater, golf course, bowling (include values) transferred from the seller to the buyer if this sale alley, supermarket, shopping center, etc.). meets either of the following conditions: Line 8k, Other — Choose this item only if the primary use is not • residential property — if the amount of personal property (not - listed and write the primary use of the property. including the value of a mobile home) on Line 12a is greater than Note: For Lines 8h and 8k, if the current and intended categories are 5 percent of the sale price on Line 11 , or the same but the specific use will change, (i.e., from bank to theater), a non-residential property — if the amount of personal property on Write the current use on the line provided and write the Intended Line 12a is greater than 25 percent of the sale price on Line 1 i . use directly below the line provided. Residential personal property — Generally, "personal property' Line 9 — Use an "X" to identify any significant physical changes in includes items that are not attached (built-in) to the home and that are the property since January 1 of the previous year. Write the date the normally removed by the seller when vacating the property. Examples change was completed or the property was damaged. include artwork, automobiles and boats, draperies, furniture, free- Line 10 — Select only the items that apply to this sale. A definition is standing appliances (e.g., refrigerators, stoves, washers and dryers, provided below for all items marked with an asterisk. but not built-in appliances), lawn mowers, tractors, snow blowers, rugs (excludes wall-to-wall carpets), and window air-conditioners (excludes Line 10a, Fulfillment of installment contract — The installment central air). Include the value of a mobile home as personal property contract for deed is initiated in a calendar year prior to the calendar on Line 12a it it meets all of the following conditions: year in which the deed is recorded, Write the year the contract was . The value of the mobile home was included on Line t 1 . initiated between the seller and buyer. Do not select this item if the installment contract for deed was initiated and the property was . The value of the mobile home was not included on the real estate transferred within the same calendar year, tax bill. • The structure meets the definition of a mobile home which is a Line 10c,Transfer of less than 100 percent interest — The seller factory-assembled structure designed for permanent habitation transfers a portion of the total interest in the property. Other owners and constructed to permit transport to another location where it is will keep an interest in the property. Do not consider severed mineral not resting on a permanent foundation. rights when answering this question. Line led, Court-ordered sale — The property's sale was ordered b p om rty" i a any trth personal property ti Generally, "personal a court (e. bankruptcy, foreclosure, robate . y Property' is any item that i not , permanent improvement to the land g., probate). and includes, but is not limited to, intangibles such as goodwill, Line 101, Seller/buyer is a financial institution — "Financial licenses, patents, franchises, business or enterprise values; and institution" includes a bank, savings and loan, credit union, Resolu- certain tangibles such as inventories, cash registers and shopping tion Trust Company, and any entity with "mortgage company" or carts, free-standing shelving and displays, furniture, office equipment "mortgage corporation" as part of the business name. and supplies, vehicles, and machinery and equipment not assessed Line 10m, Buyer is exercising an option to purchase —The sale as real estate. price was predicated upon the exercise of an option to purchase at a Generally, "personal property" does not include building components predetermined price. (e.g., wiring and lighting, heating, air-conditioning, plumbing, fire Line 1 On,Trade of property (simultaneous) — Buyer trades or protection); foundations, pits and other building components for exchanges with the seller one or more items of real estate for part or specialized or heavy machinery; permanent fixtures including, but not all of the full actual consideration (sale price) on Line 11 . limited to, machinery and equipment and cranes assessed as real Line 10 , Other — estate, craneways, and non-portable tanks; and site improvements Op, Explain any special facts or circumstances involving such as paving and fencing. this transaction that may have affected the sale price or sale agreement or forced the sale of the property. This includes property that is subject to Line 14 — Write the amount of other real estate transferred from the an existing lease or property that is part of an IRC §1031 Exchange. buyer to the seller that was included in the sale price on Line 11 . This Line 10% Homestead exemptions on most recent tax bill — Write value only applies to a simultaneous exchange between the parties the dollar amount for any homestead exemption reflected on the most involved in this transaction. Do not include the value of property recent annual tax bill. involved in a deterred exchange under IRC §1031 . Line 15 — Write an amount only if the deed or trust document states Step 2: Calculate the amount of transfer tax due. that the transferred property remains subject to a mortgage at the Round Lines 11 through 18 to the next highest whole dollar. time of the transfer. Note: File PTAX-203-B, Illinois Real Estate Transfer Declaration Line 16 — Use an "X" to identify the letter of the provision for the Supplemental Form B, when filing instruments other than deeds, or exemption from the transfer tax (i.e., (b), (k), or (m)) that applies to trust documents. (Do not complete Step 29 of the PTAX-203 when this transfer. See "Which property transfers are exempt from real filing the PTAX-203-B). estate transfer tax?" in these instructions. Line 11 — Write the full actual consideration (sale price). Full actual Step 3: Write the legal description from the deed. consideration is the amount actually paid, excluding any amount Write the legal description from the deed. Use a minimum 10-point credited against the purchase price or refunded to the buyer for font if the legal description is typed. if the legal description will not fit improvements or repairs to the property. Include the amount for other in the space provided, submit an 81/2" x 11" copy of the extended real estate transferred in a simultaneous exchange from the buyer to legal description from the deed with this form. the seller, even d the transfer involves an even exchange. Also include the amount of outstanding mortgages to which the property Step 4- Complete the requested information. remains subject at the time of the transfer. Write the requested information for the seller, buyer, and preparer. Note: File PTAX-203-A, Illinois Real Estate Transfer Declaration Write the addresses and daytime phone numbers where the seller Supplemental Form A, if the amount on Line 11 is over $1 million and and buyer can be contacted after the sale. the property's current use on Line 8 is marked "Apartment building (over 6 units); "Office;"'Retail establishment;' "Commercial building:' The seller and buyer (or their agents) and preparer must sign this "Industrial building;' or "Other." form. By signing the form, the parties involved in the real estate Line 12a — Write the amount of personal property items included in transfer verify that the sale price on Line 11 . Do not include the value of a beneficial • they have examined the completed Form PTAX-203, interest of a land trust. Personal property items are generally listed • the information provided on this form is true and correct, and on the "bill of sale." If you are uncertain as to whether an item is real ° they are aware of the criminal penalties of law associated with estate or personal property, consult your attorney, tax advisor, or the falsifying or omitting any information on this form. chief county assessment officer. Use an "X" to identify any required documents submitted with this Page 4 of 4 form. PTAX-203 (R-8105) PLAT of SURVEY / PART OF LOT IC6, RAINl NLGCE UNIT ME, BEMG A SUMWSOW OF PART C ME SWM HAIf OF SECRON A AND PART (Y SECMYI 9, ALL IN IOMNSIIP M NORM. RANGE l EAST � ME MIRO PMNCIPAL MERIDIAN, IN M£ UNIMP CITY OF YCRKNLLE. KENDALL CWNIY, ILUNpS ACCOROWNG M ME PLAT MERFOF RECORDED JANUARY IJ. 2ON AS DOCUMENT N0. 2006-00DOOM ALONG MM C£RIWCA] OF CM CRON RECMDW MAY 21, 2006 AS OCCUMENT NO. 20o6-OOOIJ6l0 AND / CERTIRCATE OF CORRECR0.4 RECORDED JANUARY 18, 2005 AS DOCUMENT NO. 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RgM[rAA W K RIEASIEFMY HAM A RADIUS OF 2s« i , M A% IENLM a 67M R . A 010RD CURIE e£awe xmM sr' zr 19' eES Ave A ona dSAArE ar Aaee rtcr ro >xT xESr LRr a sLl LoR e-m..w nG /. / Y� \ nEK:[ M N' w' ZEST AUM SAO YFST UC 19ZW ADO ro A MITT K MWAR.IE: npS 1 All NFR£LSIW.Y ALWE RE AWIRYARPo.Y UVE OF MAI LOr, RNe A OAI£ LYFCAK r0J 1 / \^."y d4 r HIMS A RADIUS T 361W fFEL M MC LF t OF 357.M M A "100 EAST A O' s \ N09 ffi rt EAST MD A "M'q o DIE )£ 6 0' {EEr (ON.2 MW 113 N' F. EAST A e L�E I i / / /� \ ,�R'LP M! r uE s>_le rtET m ne: roNr D• eEmYmlc (cLNrrnMLC nJna ir. - zem ArAas sit _ / / yhPf r Sons, of bNN ) Pa.nYof " t, I / \• Avnw M IkK m^ Y ® ppryv u d aN S w v. U e ey Cn dy Mol Ma flat 150 1 b o F mrtcf r &IDS /Mafr)r M'bmof a ma uK2s my aw: , ow MY MF m c a aaMn y IV M{ arse lrY mWnm Mando !a a eameey .n..Y, m Me emf or my M*WiIIgo me R <1 e era & IAII mf .Mom k, Mf me M vans, Msmr. T09 /— / / / / \` GFw, mEI mY Irw d mE mI j / Y YcA Es rn. ss-aza � — s , � \ ✓esw�.w. ` orea.a 6r.: Leaur mmmaYMm $ ACO��®ASSOClA7E4�....d«P.0 '">', >1i' m, m`�'a.M evr'vae I N'o drm Pnsm.e' svr.mm Le. zaae mhm-ease `,QED ci;� Reviewed By: Agenda Item Number 113 O� Legal ❑ � MT. 1836, B Finance F1 Engineer ?., Tracking Number < Vj City Administrator ❑ Consultant ❑ Agenda Item Summary Memo Title: Raintree Village Units 2 & 3 —Final Acceptance Meeting and Date: October 20, 2009 Public Works Committee Synopsis: Recommendation to accept the public improvements for Raintree Village Units 2 & 3, and park improvements in Units 2 &4, subject to completion of punchlist items, payment of park costs, and modification of bonds. 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: CITY Memorandum Esr. _ tess To: Brendan McLaughlin, City rmistr for y From: Joe Wywrot, City Engineer - C o Lisa Pickering, Deputy City rk 2 <kE �v Date: October 14, 2009 Subject: Raintree Village Units 2 & 3 —Final Acceptance Attached find a request from Lennar for the city to accept the public improvements in Raintree Village Units 2 and 3. Please refer to the attachment regarding the location of these units. The developer has made significant progress on their punchlist, and surface course is scheduled for paving beginning October 19th. The Bills of Sale are in the process of being prepared. The Park Board and Parks Department has reached a tentative agreement with Lemrar regarding Park `B" (Lot 215 in Unit 2) and Park"C" (Lot 286 in Unit 4); please refer to the attachment. The remaining punchlist items are: Unit 2: General • Submit satisfactory record drawings. • The water tower site at Lot 216 is to be conveyed to the City. Sanitary • The tape for S2-14 to S2-25 stops short of the end of the run; re-tape and submit for viewing. • Check condition of pipe at location of 52-17 to 52-18/ 199 ft/ 2:00- repair as necessary, re-tape, and submit for viewing. • Check condition of pipe at location 52-16 to 52-21/ 111 ft/ after service tee/ 2:00- possible damage; repair as necessary, re-tape,and submit for viewing. Storm • Clean the following structures: 12-62 • Add steps to the following structures: C132-5, C132-36,C132-86, C132-87,C132-88, C132-98. • Set structure's adjusting rings to final grade: 12-58 Paving and Landscaping • Pave roadway surface course. The city will be checking for proper crown. • Provide nuclear density test results for surface course. • Backfill topsoil at back-of-curb along the south side of Prairie Crossing Drive. • Re-grade the open space areas along the bike path,to eliminate the pending water. • Patch bituminous bike path. • Fill sink hole in front yard at lot 158. • Fill ruts at parkway of lot 198. • Confirm with Laura Haake of the Conummity Development Dept. (630-553-8574) that the landscaping in the ponds are acceptable. Unit 3: General • Submit satisfactory record drawings. Water • Raise the following valves and auxiliary valves to final grade: FH3-7, FH3-8, FH3-9, FH3-11 , W3-5, and W3- ] 0. • Locate Valve W3-6A and adjust to final grade. • Fill in post holes by fire hydrants at Lot 307 (Hydrant F113-9). Storm • Add rip rap around the following structures: E3-1 , E3- 17, and E3-51 . • Make the following field repairs and request re-inspection prior to surface course application: • M3- 18 to M3-30, at 16'- repair service; in too far; cut off • M3-30 to M3-33, at 90'- remove debris • M3-36 to CB 3-39, at 105 '- repair offset joint • M3-45 to C133-46, at 112'- repair joint Paving and Landscaping • Pave roadway surface course. The city will be checking for proper crown. • Provide nuclear density test results for surface course. • Remove and replace dead/dying trees near Lots 220 and 223 — at the rear by the detention pond. • Missing boulevard trees include 1 PC, 2 TC, 7 PA, 2 HS, 8 MP, 1 AP, 4 PP. • Remove 4 x 4 post in bike path along Prairie Crossing Drive. • Re-grade the major overflow path along the rear of Lots 223-225 to eliminate low/flat spots convey the overflow to the Unit 3 pond. • Confirm with Laura Haake of the Con unity Development Dept. (630-553-8574) that the landscaping in the pond is acceptable. Please note that an 80-foot long section of Hearthstone Avenue is located in Unit 2, but will not be surfaced now because doing so would create at minimum an inconvenience and possibly a hazard for traffic and snowplows. The surface course for this section of roadway will be paved as part of Unit 5 . Corresponding to final acceptance is the adjustment of bond amounts for the warranty period. The current bond amount for Unit 2 is $ 152,905 .79 and for Unit 3 is $99,047.98 . The construction guarantees for Raintree Village includes SSA bonding, and the city agreed to not require conventional bonding for work funded by the SSA bonds. The warranty bonds, however, should be for 10% of the cost of the work. The Unit 2 bond needs to be increased to $416,391 .67, and the Unit 3 bond needs to be increased to $264,843 .97. Please refer to the attachments for details. I recommend that the public improvements for watennain, sanitary sewer, storm sewer, roadway, lighting, landscape, as described in the Bills of Sale for Raintree Village Units 2 and 3 , and also the park improvements for Lots 215 and 286 as described in the attachments, be accepted for ownership and maintenance by the city, subject to satisfactory paving of surface course, payment of $ 158, 135 .60 in consider of the city performing certain park-related activities, completion of the remaining punchlist items during the one-year warranty period, and also subject to revising the bond amounts to $416,391 .67 for Unit 2 and $264,843 .97 for Unit 3 . Please place this item on the Public Works Committee agenda of October 20, 2009 for consideration. LENNAIT October 14, 2009 Mr. Joe Wywrot Yorkville City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Raintree Village Subdivision Units 2 and 3 Mr. Wywrot: This letter shall serve as Lennar Chicago's, on behalf of MS Rialto Raintree Village I IL LLC and MS Rialto Raintree Village II IL LLC, formal request to have Raintree Village Units 2 & 3 accepted onto a one year maintenance period and to receive City authorization to reduce our Surety Bonds to the Maintenance amount. Upon approval by the City Council we will then have Maintenance Surety Bonds issued to replace the Improvement Surety Bonds currently in place. Should you have any questions or concerns please contact me at 847-980-0346 Sincerely, Rob Zoromski Land Development Area Manager Lennar Chicago Cc: Glenn Richmond — Lennar Vice President Land 2300 N. Barrington Rd, Suite 650, Hoffman Estates, IL 60169, Phone - 847.252.5000, Fax - 847.252.5045 Raintree Village Units 2 & 3 ta. E ado / /Gaca� — Al N / \ a o o Yorkville ❑ II ❑ ❑ i Middle School `gawk Hollow.. � —Manchester L-n � / ■IH�IH�{II�{{{� ineDmkprovratlwimoutmmnryorapy repreeematlon o/ ammacy Dmepness,orcompledness.tt k the respenslbl0ryo/the °NequeadY'MtleKrmineeecuOCy,Gmellpesa,comp/efenessantl Uepm Ckyofy Kendall I appropriateness WNS USe.The Unttetl LHy of YOrFVlllemakes ne Parcel Data proNdetlby Kentlall COUnIy GIS I wamn4es.eryresseaorlmpnM,rome ase o/ehe Dad. cir o United City of Yorkville + '° 800 Game Farm Road EST. I 1836 Yorkville, Illinois 60560 Telephone: 630-553 -4350 p Iri !er o Fax: 630-553-7575 ALE �1�r October 15, 2009 Mr. Rob Zoromski Lennar Communities of Chicago L.L.C. 2300 N . Barrington Road, Suite 600 Hoffinan Estates, Illinois 60169 Dear Rob, As a follow-up to our meeting with you, your attached proposal to pay the city parks department $ 158, 135 to satisfy punch list items for park improvements within Units 2 and 4 in Raintree Village is acceptable. The matter was presented to the Park Board on Thursday, October 8, 209 and was approved. It is my understanding that the completion of the punch list requirements for Units 2 and 4 is being coordinated with City Engineer Joe Wywrot. Please continue to work with Mr. Wywrot to achieve completion of the punch list. xncer ° Bart Olson Interim Director of Parks and Recreation Cc: Joe Wywrot Memorandum To: Park Board Il all From: Bart Olson, Interim Director of Parks and Recreation Pnnns n RUCR"TION CC: Date: October 2, 2009 Subject: Raintree Village Park Improvement Proposal This proposal is similar in nature to the Bristol Bay mowing proposal. Staff met with the developers of the Raintree Village subdivision this past week. At this meeting, issues of park improvement obligations and the construction of Raintree Park B were discussed. The developer is obligated to grade and seed this park and has made it known they would like to complete those improvements soon. However, Raintree Park B will be developed next summer and fall, as part of the OSLAD grant program, and the park will have to be completely re-graded and seeded. Rather than have their improvements ripped out a few months after they are complete, the developer has offered to pay us for the value of the improvements. Accepting this would allow us to use the money to complete the park development under the grant program, and it would satisfy the remaining park improvement obligations for the developer. To the west of the park, there are two lots that will be owned by the City as part of the bike trail through the development, and to the east of the Park B, there is another smaller, unimproved park site. Rather than complete the remaining improvements for both of these areas (grading and seeding, hairline fractures of sidewalk), the developer is proposing to pay the City for the value of the improvements. These improvements do not need to be completed immediately, and staff recommends taking the payment for the improvements now and completing them later. The total dollar value of the improvements will be around $100,000, with the Raintree Park B improvements consisting of around $80,000. At time of packet creation, the staff is still working with the developer to create the final list of improvements to be proposed for payment, and the final list will be presented at the meeting. GARY R, WEBER ASSOCIATES, INC. LAND PLANNING LANDSCAPE ARCHITECTURE COST ESTIMATE MEMORANDUM TO: Rob Zoromski Lennar Communities of Chicago L.L.C. 2300 N. Barrington Road, Suite 600 Hoffman Estates, Illinois 60169 FROM: Lauren Boryc, ASLA Landscape Architect Gary R. Weber Associates, hic. SUBJECT: Raintree Village Yorkville, 1L. PROJECT NO. CN0301 DATE: 10/07/09 The following is a cost estimate for Phase 2 - Lots 213-215: PHASE 2 Item Ouantity Cost Lots 213 and 214 • ECB to be removed, regrade and blanket DS75 3980 SY $97432.60 w/ hydromulch, top dress and seed. Two applications of fertilizer and weed killer. Lot 215 • Regrade and blanket DS75 w/ hydromulch, top 35, 110 SY $849264.00 dress and seed - Athletic seed mix. Two applications of fertilizer and weed killer. (Top soil from onsite stock pile). TOTAL $93,696.60 Please call if you have any questions or comments regarding this memo. L:\Ot Mcamems\Cnncp RdmceVW3_Raja¢\CN030I\CN030tC_lusp0lya�memoM.wpd 224 SOUTH MAIN STREET WHEATON, ILLINOIS 60187 TELEPHONE: 630-668-7197 FACSIMILE: 630.668.9693 GARY R. WEBER ASSOCIATES, INC . LAND PLANNING LANDSCAPE ARCHITECTURE COST ESTIMATE MEMORANDUM TO: Rob Zoromski Lennar Communities of Chicago L.L.C. 2300 N. Barrington Road, Suite 600 Hoffman Estates, Illinois 60169 FROM: Lauren Boryc, ASLA Landscape Architect Gary R. Weber Associates, Inc. SUBJECT: Raintree Village Yorkville, IL. PROJECT NO. CN0301 DATE: 10/07/09 The following is a cost estimate for Phase 4 - Lot 286: PHASE 4 Item Ouantity Cost Lot 286 • Regrade and blanket DS75 w/ hydromulch, top 10,380 SY $23,874.00 dress and seed. Two applications of fertilizer and weed killer. (Top soil from onsite stock pile). • Replace cracked sidewalk 2,220 S .F. $ 12,765 .00 • Replace Parkway Trees 12 $3,600.00 • Regrade and reseed uneven parkway areas. 14,985 S.F. $187600.00 Top dress and hydroseed disturbed areas (top soil from onsite stock pile). TOTAL $589839.00 Please call if you have any questions or comments regarding this memo. LAOffice DocumentsA Cooespondcnce 0003_PmjectsVCN0301ACN()301 C_InspOlSmk_memnOZwpd 224 SOUTH MAIN STREET WHEATON, ILLINOIS 60187 TELEPHONE: 630-668-7197 FACSIMILE: 630.66&9693 Joe Wywrot From: Bart Olson Sent: Thursday, October 15, 2009 6:37 AM To: Robert.Zoromski @Lennar.com ; Scott Sleezer; Joe Wywrot Cc: Glenn.Richmond @Lennar.com; Deborah.Knepper @lennar.com Subject: RE: Raintree Village - Units 2 & 4 Park Sites We can do that , and Park Board has approved the request , subject to some internal accounting questions . However , for ease of our future tracking purposes we are going to package the Park improvements with the general subdivision improvements that are going in front of the Public Works Committee next week ( and then Council the following week ) . Thanks , Bart Olson Interim Director of Parks and Recreation Assistant City Administrator United City of Yorkville 800 Game Farm Road Yorkville , IL 60560 630 - 553 - 8537 office 630 - 308 - 0582 cell bolson @yorkville . il . us From : Robert . Zoromski @ Lennar . com [Robert . Zoromski @ Lennar . com] Sent : Wednesday , October 14 , 2009 4 : 00 PM To : Scott Sleezer Cc : Bart Olson ; Glenn . Richmond @Lennar . com ; Deborah . Knepper @ lennar . com Subject : RE : Raintree Village - Units 2 & 4 Park Sites Scott , Left you a voicemail earlier today , wanted to follow up with an email . Attached are the revised cost estimates , reflecting the addition of $ 5 , 600 for mowing on the large parksite ( Lot 215 ) and also new dates . The Revised Cost Estimate dollar amounts are as follows : * Unit 2 = $ 99 , 296 . 60 * Unit 4 = $ 58 , 839 . 00 * Total = $ 158 , 135 . 60 For the Unit 1 agreement done in December 2008 , Dave Mogul sent me a letter approving the final dollar amount ( attached) . In the letter , he stated the Park Board approved the amount and agreement . Can you send me a letter stating the same and also that the Parks Department and City agree that upon receipt of the check in the amount of $ 158 , 135 . 60 , you will release Lennar/MSR from any obligations related to the Parks at Raintree Village ? Once I have that formal letter from the Parks Department and City , I will compose the letter and address to Bart Olson . If you have any questions or need additional information , please do not hesitate to contact me . I may be reached at : ( 847 ) 980 - 0346 . Thank you , Rob Zoromski Land Development Area Manager Lennar Chicago 2300 North Barrington Road Suite 650 Hoffman Estates , Illinois 60169 robert . zoromski @lennar . com Office : ( 847 ) 252 - 5037 Fax : ( 847 ) 252 - 5045 Cell : ( 847 ) 980 - 0346 1 City of Yorkville 15-Oct-09's Letter of Credit/Bond Reduction Subdivision: Raintree Village Unit i2 Date of last bond/LOC adjustment: 7-Jul-04' Reduction No. Warranty calculations ENR-CC Index for date of last adjustment: 71261 Bond/LOC No. Bond Safeguard Insurance Co. Bond #5035418 Current ENR-CC Index: 8596; Approved Original amount Current Bond Amount complete prior Amount of Warranty Bond Item Eng. Est. for LOC/Bond Amount Warranty Reduction Warranty Reduction Amount Earthwork $757,500.00 $833,250.00 $33,554.84; $757,500.00 -$57,821 .39 $91 ,376.23 Pavement $915,438.00 $1 ,006,981 .80 ? _ $40,550.99 $915,438.00 -$69,877.09 $110,428.08 Sanitary Sewer $308,050.00 $338,855.00 ' $13645.631 $308,050.00 -$233514.03 $37, 159.67 Storm Sewer $447,395.00 $492, 134.50 $19,81817 $447,395.00 -$341150.50 $53,968.67 Watermain $487,968.00 $536,764.80 $212615.43 $4877968.00 -$37,247.51 $58,862.94 Erosion Control $45,403.00 $49,943.30 $22011 .21 : $45,403.00 -$3,465.70 $5,476.90 Miscellaneous $105,000.00 $1157500.00 $4,651 .17: $105,000.00 -$8,014.85 $12,666.01 Staking $67,683.26 $74,451 .59 $2,998.15' $67,683.26 -$5, 166.39 $8, 164.54 Landscaping $317,409.00 $349.149.90 $14,060.21 $317,409.00 -$24,228.42 $38,288.63 Totals $3,4511846.26 $3,797,030.89 $152,905.79 $3,451 ,846.26 -$263,485.88 $416,391 .67 Notes: a) LOC/Bond amt. to be 20% of substantially completed items plus 110% of uncompleted items prior to final acceptance. b) LOC/Bond 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. City of Yorkville 15-Oct-09 Letter of Credit/Bond Reduction Subdivision: Raintree Village Unit 3 Date of last bond/LOC adjustment: 7-Jul-04' Reduction No. Warranty,calculations ENR-CC Index for date of last adjustment: 7126 Bond/LOC No. Bond Safeguard Insurance Co. Bond #5035419 Current ENR-CC Index: 8596 Approved Original amount Current Bond Amount complete prior Amount of Warranty Bond Item Enq. Est. for LOC/Bond Amount Warranty Reduction Warranty Reduction Amount Earthwork $413,500.00 $4542850.00 $183654.42 $4137500.00 -$31 ,225.55 $49,879.96 Pavement $451 ,233.00 $496,356.30 $20,356.68 $451 ,233.00 -$34,074.96 $54,431 .64 Sanitary Sewer $388,983.00 $427,881 .30 $17,548.37111 $388,983.00 -$29,374. 14 $46,922.51 Storm Sewer $258,946.00 $284,840.60 $11 ,681 .95: $2587946.00 -$19,554.37 $31 ,236.32 Watermain $333,584.00 $366,942.40 $153049.13 $333,584.00 -$25, 190.67 $40,239.80 Erosion Control $39,600.00 $43,560-00 $13786.49 $39,600.00 -$2,990.40 $4,776.90 Miscellaneous $70,000.00 $77,000.00 $35157.94 $70,000.00 -$5,286.07 $8,444.01 Staking $43,049.62 $47,354.58 $1 ,942.12 $43,049.62 -$39250.90 $5, 193.02 Landscaping $196,635.00 $216,298.50 $8,870.8 81 $196,635.00 -$14,848.94 $23,719.82 Totals $271957530.62 $2,415,083.68 $99,047.98 $2, 195,530.62 -$1657795.99 $264,843.97 Notes: a) LOC/Bond amt. to be 20% of substantially completed items plus 110% of uncompleted items prior to final acceptance. b) LOC/Bond 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. Reviewed By: Agenda Item Number J� ,9 Legal ❑ N U EST. l 1836 Finance ❑ i Engneer ` W Tracking Number ��I i. y City Administrator F1 Consultant ❑ Agenda Item Summary Memo Title: Grande Reserve—Earthwork Letter of Credit Reduction Policy Meeting and Date: October 20, 2009 Public Works Committee Synopsis: Bank of America has requested that the city consider reducing or releasing earthwork letters of credit with certain conditions. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: None at this time Council Action Requested: For discussion Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: `QED C/p� �� _ � Memorandum Esr. , = 1836 To: Bart Olson, Assistant City A inistratpr� OL -� From: Joe Wywrot, City Engineer �� 9 p CC: Lisa Pickering, Deputy City le 4-E Date: October 16, 2009 Subject: Grande Reserve—Earthwork Letter of Credit Reduction Policy On September 29, 2009, Brendan and I met with Bank of America and their property manager to discuss the various letters of credit in place for Grande Reserve. Several letters of credit have been established to guarantee completion of land improvements,including earthwork and erosion/sediment control in various units and locations within Grande Reserve. Bank of America has requested that the letters of credit guaranteeing earthwork and erosion/sediment control be reduced or released since much of this work has been substantially completed. Earthwork letters of credit guarantee the proper grading of roadbeds, stormwater basins, buildable lots,public/private open areas, construction of regional storm sewers, and erosion/sediment control for those areas. Pond volume calculations and storm sewer construction are rechecked when record drawings are submitted to confirm that adequate stormwater storage volume has been provided and that storm sewers will function properly. We have received and reviewed record drawings for several units in Grande Reserve,but all have been returned to the developer's consultant for revisions. Our standard policy is to treat earthwork similar to other land improvements, such as roadways and utilities. We generally allow reductions down to the 20% level, and then drop that to 10% when the public improvements are accepted. We typically do not reduce erosion/sediment control below the 50%level prior to final acceptance. I have reviewed the various earthwork letters of credit, and with two possible exceptions 1 recommend that we continue to follow our standard policy regarding reductions. Those possible exceptions are as follows: 1) For those lots where the plat of subdivision is not recorded and Bank of America proposes to re-spread black dirt and return the property to farming. Units 10, 11, 18, 21, 25, 26, and 27 are being considered for reversion. 2) Bank of America feels that many lots will remain vacant for years. Rather than leaving a rough-graded lot with no sidewalk across its frontage,they propose to construct concrete sidewalk, fine-grade the lot and parkway to drain, and landscape them with turf grass. We would need to confirm that pond volumes and major storm overflow swales are properly graded before reducing or releasing the earthwork letter of credit. Please place this item on the Public Works Committee agenda of October 20, 2009 for discussion. c/p�, Reviewed By: Agenda Item Number J� y Legal ❑ N B EST. 1836 Finance ❑ i Engneer 16�'°l � Tracking Number City Administrator ❑ Consultant ❑ P VU 1q19 Agenda Item Summary Memo Title: Yorkville Business Center Units 2 & 3 —Final Acceptance Meeting and Date: October 20, 2009 Public Works Committee Synopsis: These units were accepted in 2007, subject to confirmation that the developer owes the city no money. Our policy regarding this matter has since changed. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Decide whether or not to modify previous acceptance motion and release warranty letters of credit. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: ��V_p cip� 06 Memorandum EST 1 a - 1836 To: Brendan McLaughlin, City A inistrato 0 I ,iI�� From: Joe Wywrot, City Engineer u CC: Eric Dhuse, Director of Publiccrrks Date: June 16, 2009 Subject: Yorkville Business Center — Units 2 & 3 — Final Acceptance On August 14, 2007, the City Council accepted the public improvements for Units 2 and 3 of the Yorkville Business Center subject to receipt of Bills of Sale and confirmation that the developer had no outstanding debt to the city. Please refer to the attachment. We received the bills of sale. I checked with our Finance Department at that time and found that Inland did not owe the city any money related to Yorkville Business Center, but did for other properties. Consequently we did not send an acceptance letter to Inland. Since then our policy has changed to limit the withholding of final acceptance of a development only if the debt is related to that particular development. Therefore, I recommend that the public improvements for watermain, sanitary sewer, storm sewer, and roadway improvements be accepted for ownership and maintenance by the city. Normally we would have a one-year warranty period that would begin upon final acceptance. That warranty period would have expired on August 14, 2008. Therefore I recommend that Gulf Insurance Company Bond #BE929572 in the current amount of $174,267.28 for Unit 2, and that Gulf Insurance Company Bond #BE0949646 in the current amount of $ 147,336.35 for Unit 3 be released in their entirety. Please advise if you concur with these recommendations, and/or if this item needs to go back to the City Council to amend the acceptance motion regarding outstanding debt and release of the bonds. The Minutes of the Regular Meeting of the City Council August 14 2007 page 2 CMEN COMMENTS None. CONSENT AGEDM 1 . Resolution 200743 - Approving Final Plat of Subdivision for Yorkville Crossing Unit I (Wal- Mart) - authorize Mayor and City Clerk to execute, subject to find staff and legal review (PC 2007.16) 2. Monthly Treasurees Report for June (ADM 2007.57) 3. Ordinance 2007-56 - Approving the Revision of the 2DD7-2008 Fiscal Library Budget for the United City of Yorkville - approve revised budget as presented (ADM 2007.63) 4. Water Department Report for May 2007 (PW 2007.94) 5. Water Department Report for June 2007 (PW 2007-95) 6. Gruode Reserve Unit 2 - Letter of Credit Expiration- authorize City Clerk to call letter of credit if not renewed by October 12, 2007 (?W 2007.96) 7. Grande Reserve Unit 12 - Letter of Cradit Expiration - authorize City Clerk to call letter of credit jf eat renewed by October 5, 2007 (PW 2007-97) B. Grande Reserve Unit 14 - Letter of Credit Expiration - authorize City Clerk to call letter of credit ifnat renewed by October 5, 2007 (PW 20D7.98) 9. Grande Reserve Unit 15 - letter of Credit Expiration - authorize City Clerk to call lever of credit ijnot renewed by October 12, 2007 (PW 2007-99) 10. Grande Reserve Unit 20 - Letter of Crudit Expiration - authorize City Clerk to call letter of credit if not renewed by September 7,2007 (PW 2007-100) 11. Grande Reserve Unit 23 - Ies ter of Credit Expiration - (Landscaping) authorize City Clerk to call letter ofcredit if not renewed by October 22, 1007 (PW 2007-101) 12. Grande Reserve Unit 23 - Lew of Credit Expirat ion -(Sitework) authorize City Clerk to call letter of credit ijnot renewed by October 12, 1007 (PW 2007-102) 13. Icing Stool Raw and Finished Watermains - Change Order #2 - approve increase in an amount not to exceed$6,404.00 and authorize Mayor to execute(PW 2007-13) 14. In-Town Road Program - Construction Materials Testing Agreement with Professionel Service Industries, Incorporated - approve as presented and authorize Mayor to execute (PW 2007-106) --�9 15. Yorkville Gusinese Conte.- Units 2 & 3 - Final Aecoptesm & Bond Reduction- accept public unprovementr jar ownership and maintenance, subject to receipt of Bib of Sale and authorize a reduction to Unit 2 bond in an =own not to exceed $86,660.04 and a reduction to Mil 3 bond in an amount not to exceed $76,673.21, subject to verification that developer has no outstanding debt owed to city (PW 2007-109) 16. Resolution 200744 - ]DOT Highway Permit and Resolution- Route 47 & Wheaton Avenue Intersection Improvements - authorize Mayor and City Clerk to execute (PW 2007.110) 17. Raging Waves - Sitework LOC Reduction #1 - authorize reduction in an amount not to exceed $419,096.47, subject to verJjlcatian that developer has no oucrtaading debt owedto city (PW 2007-113) 18. Signage on Stale Highways - Excessive Engine Braking - authorize Mayor to execute (PW 2007- 117) 19. Whispering Meadows Unit 1 - Bond Reduction - authorize sitework bond reduction in an amount not to exceed$249,907.62 and landscaping bond reduction In an amount not to exceed 15030S00.00, subject to verification that developer has no outstanding debt owed to city (PW 2007-122) 20. Whispering Meadows Unit 2 - Bond Reduction - authorize sltework bond reduction on an amount not to exceed $989,612. 74 and landscaping bond reduction in an amount not to exceed $130,914.18, subject to verfieaion that developer has no outstanding debt owed to city (PW 2007.123) 21. Whispering Meadows Unit 4 - Bond Reduction authorize sitework bond reduction in an amount not to exceed 31,314,828.31 and landscaping bond reduction in an amount not to exceed $81,284.00, subject to ver fiction thin developer has no outstanding debt owed to city (PW 2007-124) Mayor Burd entertained s motion to approve the Consent Agenda as presented. So moved by Alderman Besoo; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-7 Nays-0 Munns-aye, Plocher-aye, Spears-eye, Sutoliff--aye, Werderich-aye, Beseo-aye, Golinski-aye PLAN COMMISSIONfLONING BOARD OF APPEA i Director Miller indicated that the Plan Commission would be giving a report to the Economic Development Committee. Also, no ZBA meeting was scheduled due to the lack of agenda, items. `QED C/;y Reviewed By: Agenda Item Number J� O .A11 Legal El # �U B Finance ❑ EST. �\— leas Engineer ❑ Tracking Number o L! tl City Administrator F-1 Consultant ❑ F-1 PKI 90ag _ I ' I 0 <t E Agenda Item Summary Memo Title: Meeting Dates for 2010 Meeting and Date: Public Works Committee– 10/20/09 Synopsis: Tentative meeting dates for 2010. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval by Committee Submitted by: Meghan Ostreko Administration Name Department Agenda Item Notes: \,�tiD CITY Memorandum EST. e3s To: Public Works Committee — From: Meghan Ostreko, Administrative Assistant 09 I:] CC: Date: October 15, 2009 tE Subject: 2010 Meeting Schedule The Clerk's Office is in the process of publishing the City' s master meeting list for 2010. Listed below is a tentative schedule for the Public Works Committee meetings for 2010. Please discuss this schedule at the October 20, 2009 Public Works Committee meeting and let me know if these dates meet with your approval. Thank you ! Public Works Committee P Tuesday - 6 :30 pm January 19 July 20 February 16 August 17 March 16 September 21 Aril 20 October, 19 May 18 November 16 June 15 December 21 Reviewed By: Agenda Item Number J2 T Legal ❑ Finance F-1 EST. 1836 Engineer ❑ Tracking Number City Administrator ❑ Consultant ❑ 41 aC)(�q <LE ��'y ❑ V Agenda Item Summary Memo Title: Committee Liaison Review Meeting and Date: Public Works Committee 10/20/09 Synopsis: Review of Committee Liaison meetings for Public Works. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: None Council Action Requested: None Submitted by: Meghan Ostreko Administration Name Department Agenda Item Notes: CITY COUNCIL COMMITTEE LIAISONS ADMINISTRATION COMMITTEE What When Where Who Library Board 2nd Monday @ 7:00 p . m . Library - Board Room Alderman Plocher Cable Consortium 1st Thursday @ 5 :30 p. m . Waubonsee Community College — Alderman Golinski Sugar Grove ECONOMIC DEVELOPMENT COMMITTEE What When Where Who Plan Commission 2nd Wednesday @ 7:00 p.m. Library - 1" Floor Meeting Room Alderman Golinski Yorkville Economic Development 2nd Wednesday @ 4:30 p.m. YEDC Office Alderman Munns Corporation 651 Prairie Pointe Dr. Kendall County Regional 4th Wednesday @ 7:00 p.m . County Office Building Alderman Werderich Plan Commission 111 W. Fox St. Aurora Area Convention & Visitors 4th Thursday @ 8:00 a . m . 43 W. Galena Blvd ., Aurora Alderman Sutcliff Bureau (AACVB) PUBLIC SAFETY COMMITTEE What When Where Who Human Resources Commission 3`d Wednesday @ 6:30 p. m . City Hall Conference Room Alderman Plocher KenCom Executive Board Quarterly, Wednesday @ 5 :30 p. m . Kendall Co. Public Safety Center Alderman Spears 1102 Cornell Lane School District Board 4th Monday @ 7 :30 p.m. District Office Board Room Alderman Munns 602A Center Pkwy PUBLIC WORKS What When Where Who Yorkville Bristol Sanitary District 2nd Monday @ 5 :00 p. m . YBSD Office Alderman Gilson (YBSD ) 304 River Street Park Board 2nd & 4th Thursdays @ 7 :00 p. m . Park & Rec. Office Alderman Teeling 201 W. Hydraulic Revised : 6/22/09