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City Council Packet 2013 08-13-13 C United City of Yorkville 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 o i � � � Telephone: 630-553-4350 Fax: 630-553-7575 <LE AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday,August 13, 2013 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD lI WARD III WARD IV Carlo Colosimo Jackie Milschewski Chris Funkhouser Rose Ann Spears Ken Koch Larry Kot Joel Frieders Diane Teeling Establishment of Quorum: Amendments to Agenda: Presentations: Public Hearings: 1. PC 2013-07—A second amendment to that certain Amended Annexation Agreement and Planned Unit Development Agreement (Grand Reserve Subdivision) dated January 30, 2012 by and among Grande Reserve (Chicago) ASLI, L.L.L.P. (Owner), an Illinois Limited Liability Limited Partnership, and the United City of Yorkville, Kendall County, Illinois for the purpose of restating the transition fees for School District#115 and providing for its collection at time of building permit issuance. Citizen Comments on Agenda Items: Consent Agenda: 1. ADM 2013-41 Treasurer's Report for June 2013 2. ADM 2013-44 Ordinance Amending the Compensation of Deputy Clerk and Deputy Treasurer— authorize Mayor and City Clerk to execute 3. PS 2013-21 Request to Dispose of Two Police Vehicles—authorize Police Department to dispose of a 2008 Ford Crown Victoria and a 2008 Ford Explorer via the bid process 4. PS 2013-22 Request to Dispose of Three Firearms—authorize Police Department to dispose of two Smith & Wesson Model M&P 15's (Serial#SW 59704 and Serial#SW 58440) and a Sage by Penn Arms Model SL 65 (Serial#M650229) with all remaining ammunition and accessories via trade Minutes for Approval: Bills for Payment (Informational): $1,112,857.56 Mayor's Report: Public Works Committee Report: City Council Agenda August 13, 2013 Page 2 Economic Development Committee Report: 1. EDC 2013-28 Ordinance Approving a Fourth Amendment to the Redevelopment Agreement for the Downtown Yorkville Redevelopment Project Area(Imperial Investments, LLC) Public Safety Committee Report: 1. PS 2013-08 Ordinance Adopting License Regulations for Pawnbrokers and Resale Dealers Administration Committee Report: 1. ADM 2013 Ordinance Amending the Code of Ordinances Regarding a Garbage Pick Up Surcharge Discount for Seniors Park Board: Plan Commission: 1. PC 2013-04 and PC 2013-05 —Priority Health Annexation and Zoning a. Ordinance Authorizing the Execution of an Annexation Agreement b. Ordinance Annexing c. Ordinance Rezoning 2. PC 2013-11 —Raintree Village Amendment to the Amended Annexation and PUD Agreement a. Ordinance Authorizing the Execution of an Amended Annexation and PUD Agreement Zoning Board of Appeals: City Council Report: City Clerk's Report: Community and Liaison Report: Staff Report: Additional Business: Executive Session: 1. For litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. Mayor's Report(cont'd): 1. CC 2013-54 Approval of a Settlement Agreement Citizen Comments: Adjournment: City Council Agenda August 13, 2013 Page 3 COMMITTEES, MEMBERS AND RESPONSIBILITIES ADMINISTRATION: August 15, 2013 –6:00 p.m.–CtyHall Council Chambers. -------- ------------- —_------------------------------------------------------ Committee Departments Liaisons Chairman: Alderman Spears Finance Library Vice-Chairman: Alderman Milschewski Administration Committee: Alderman Funkhouser Committee: Alderman Frieders ;ECONOMIC DEVELOPMENT: September 3, 2013 –7:00 p.m.–City Hall Council Chambers' --- --__---- ---------- Committee Departments Liaisons Chairman: Alderman Koch Community Development Plan Commission Vice-Chairman: Alderman Teeling Building Safety and Zoning Yorkville Econ. Dev. Corp. Committee: Alderman Colosimo Kendall Co. Plan Commission Committee: Alderman Frieders PUBLIC-SAFETY. September 5, 2013–6:30 p.m.–City Hall Council Chambers ----------- --------- ----- ------ — --------------------------------------- Committee Departments Liaisons Chairman: Alderman Colosimo Police Human Resource Comm. Vice-Chairman: Alderman Spears School District Committee: Alderman Kot Committee: Alderman Funkhouser PUBLIC WORKS: 20, 2013 –6:00 p.m.–Cit�Hall Council Chambers ---- _ -- --- --- -------------------- Committee Departments Liaisons Chairman: Alderman Teeling Public Works Park Board Vice-Chairman: Alderman Kot Engineering Y3SD Committee: Alderman Milschewski Parks and Recreation Committee: Alderman Koch UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, August 13, 2013 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------- PUBLIC HEARINGS: ---------------------------------------------------------------------------------------------------------------------------------------- 1. PC 2013-07 Grande Reserve— Second Amendment to Annexation & PUD Agreement ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS ON AGENDA ITEMS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. ADM 2013-41 Treasurer's Report for June 2013 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. ADM 2013-44 Ordinance Amending the Compensation of Deputy Clerk and Deputy Treasurer ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. PS 2013-21 Request to Dispose of Two Police Vehicles ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 4. PS 2013-22 Request to Dispose of Three Firearms ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- BILLS FOR PAYMENT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Bills for Payment(Informational) ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- ECONOMIC DEVELOPMENT COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2013-28 Ordinance Approving a Fourth Amendment to the Redevelopment Agreement for the Downtown Yorkville Redevelopment Project Area(Imperial Investments, LLQ ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PS 2013-08 Ordinance Adopting License Regulations for Pawnbrokers and Resale Dealers ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- ADMINISTRATION COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2013-39 Ordinance Amending the Code of Ordinance Regarding a Garbage Pick Up Surcharge Discount for Seniors ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- PLAN COMMISSION REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PC 2013-04 &PC2013-05 Priority Health Annexation and Zoning a. Ordinance Authorizing the Execution of an Annexation Agreement ❑ Approved: Y N ❑ Subject to b. Ordinance Annexing ❑ Approved: Y N ❑ Subject to c. Ordinance Rezoning ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. PC 2013-11 Ordinance Authorizing the Execution of an Amended Annexation and PUD Agreement (Raintree Village) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- REPORTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT (cont'd): ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2013-54 Settlement Agreement ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ----------------------------------------------------------------------------------------------------------------------------------------- 0 CIP Reviewed By: Agenda Item Number J� ¢ �► Legal Public Hearing#1 Finance El ESL -� 1836 Engineer ❑ -_� City Administrator ■ Tracking Number .4 City y Human Resources El Gwn sw �© Community Development PC 2013-07 � Police ❑ Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Second Amendment to the Grande Reserve Annexation Agreement Meeting and Date: City Council —August 13, 2013 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Submitted by: Bart Olson Administration Name Department Agenda Item Notes: D clr y Q Memorandum �` e To: City Council sr. 1836 From: Bart Olson, City Administrator �«. Date: August 8, 2013 4��2 Subject: Grande Reserve Annexation Agreement Second Amendment LE Summary Approval of an annexation agreement amendment that records a land-cash agreement between the School District and Castle Bank on the property. Background This item was last discussed at the June Economic Development Committee meeting. The memo and the draft agreement from that meeting are attached. Since that meeting, the City has been working with Castle Bank to revise the language in the agreement to meet their requirements to be able to sell the debt certificate. The revised agreement for public hearing purposes is attached. While the agreement is almost completely rewritten,the intent of the agreement remains as is described in my May 30th memo. The main difference in substance between the agreement as presented to the EDC in June and this new agreement is: 1) The new agreement guarantees that the City will collect the school transition fee prior to building permit issuance (Paragraph 1, "Transition Fee.") 2) The new agreement states the City will not reduce the number of dwelling units in the subdivision that has the effect of reducing the number of total transition fees paid or the amount of the transition fee (Paragraph 1, "Disposition of Payments", and"Amendments to Exhibit HI") Both of those items create liability for the City should we ever issue a building permit without collecting the transition fee, reduce the number of units in the development without getting the developer to pay the transition fees for the eliminated units, or reduce the amount of or change the timing of the school transition fee for this development without getting the debt certificate holder to sign off. To prevent the City having to pay the transition fees out of its own pockets or to have to incur legal costs should we fail to collect a school transition fee, the City will require the current developer and debt certificate holder to sign a hold harmless agreement with the City. This hold harmless agreement will be an exhibit to the ordinance approving the second annexation agreement amendment. For example, if the City fails to collect the transition fee prior to issuing a building permit, the hold harmless agreement would mean that the debt certificate holder would sue the City to collect the transition fee, but Castle Bank would be liable for the amount due. Another example, if the City approved a replat of a unit that reduced the number of dwelling units and transition fees without consulting the debt certificate holder, the debt certificate holder would be able to sue the City but once again Castle Bank would be liable for any reduction in transition fees. Recommendation Staff recommends approval of the second amended annexation agreement and the hold harmless agreement. SECOND AMENDMENT TO ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (Grande Reserve Subdivision) This Second Amendment to Annexation Agreement and Planned Unit Development Agreement (this "Second Amendment") is made as of the day of August, 2013, by the United City of Yorkville, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (the "City") and Grande Reserve (Chicago) ASLI VI, L.L.L.P., a Delaware limited liability limited partnership ("Owner" or "Current Owner"), owner of the vacant lots, and other real estate incidental to the development thereof, in the Grande Reserve Development, as more fully set forth in Exhibit "A" on the Plat of Annexation, attached to the hereinafter defined Original Agreement and referred to therein as the "SUBJECT PROPERTY". WHEREAS, on July 22, 2003, MPI-2 Yorkville North LLC, MPI-2 Yorkville Central LLC and MPI-2 Yorkville South I LLC (collectively, the "Original Owners") and the City made and entered into that certain Annexation Agreement and Planned Unit Development Agreement (the "Original Agreement"), recorded as Document No. 200300032964 in the Office of the County Recorder of Kendall County, Illinois, to govern the annexation and development of the community commonly known as Grande Reserve situated in the City of Yorkville, Kendall County, Illinois; WHEREAS, on December 10, 2004, the Trustees of Yorkville Community School District No. 115 (the "School District"), authorized the execution of that certain Debt Certificate, Series 2004 dated December 15, 2004 in the face amount of$4,685,960 (the "Debt Certificate") to Castle Bank, N.A. (the "Bank") in order to provide funds to construct a new grade school to serve the Grande Reserve Subdivision in the City; WHEREAS, on December 13, 2004, the Original Owners and the School District entered into that certain "Annexation Agreement Amendment — Land/Cash Donation Agreement", which was intended to amend the Original Agreement, and is attached hereto as Exhibit 1 (the "2004 Agreement"); WHEREAS, on October 13, 2009, the City passed Ordinance 2009-54, which approved that certain Assignment and Pledge of Transition Fees from Grand Reserve Subdivision, Yorkville, Illinois attached hereto as Exhibit 2 (the "Assignment"); WHEREAS, the 2004 Agreement is executed by only the Original Owners and the School District, and not by the City, which acknowledges the existence of the 2004 Agreement, views the 2004 Agreement as if it had been signed by the City, and has been acting in accordance with its terms; WHEREAS, the Original Agreement was subsequently amended by that certain First Amendment (the "First Amendment") entered into as of January 30, 2012, by the City and Quality Properties Asset Management Company, an Illinois corporation, as successor to the Original Owners (the "Successor Owner"); -1- WHEREAS, the Original Agreement, the First Amendment and this Second Amendment, together with any future amendments, are collectively referred to herein as the "Annexation Agreement"; WHEREAS, the City, the School District, and the Current Owner desire to actually and properly amend the Annexation Agreement to reflect the intentions of the 2004 Agreement; WHEREAS, this Second Amendment is made pursuant to and in accordance with the provisions of 65 ILCS 5/11-15.1-1, et seq.; and, WHEREAS, prior to the date of this Second Amendment all public hearings were held upon proper notice and/or publications as are required for the City to affect the terms of this Second Amendment. NOW, THEREFORE, the City and the Current Owner agree as follows: 1. Exhibit Hl is hereby stricken in its entirety and replaced with the following: "School Contribution. The school contribution was satisfied by the Original Owners and no further contributions of property shall be required of the Current Owner or any successor owner of the SUBJECT PROPERTY. Transition Fee. The owner of each dwelling unit ("Unit") on the SUBJECT PROPERTY shall pay a school transition fee in an amount equal to Three Thousand and Noll 00 Dollars ($3,000.00)per Unit (the "Transition Fee'). The number of Units on the SUBJECT PROPERTY shall not be less than 2,080 Units. The Transition Fee shall be paid to the School District on a per Unit basis at any time prior to issuance of a building permit for that Unit by the City. The School District shall provide satisfactory evidence to the City each time it receives a payment of a Transition Fee, which evidence shall indicate which Unit the Transition Fee was paid for. Absent such evidence from the School District, the City shall not issue a building permit for the applicable Unit. The City, School District and the Current Owner (as defined in the Second Amendment to this Agreement) acknowledge that as of the date of the adoption of the Second Amendment to this Agreement, the Transition Fees have been paid for 441 Units for a total of$1,323,000 with a balance due of$4,917,000 to be paid on the next 1,639 Units (1,639 Units x $3,000 = $4,91 7y 000). The Transition Fees must be paid until the Transition Fees for all 2,080 Units has been received collectively by Castle Bank, N.A., in its capacity as holder of the Debt Certificate, any successor holders of the Debt Certificate and their respective successors and assigns as holders of the Debt Certificate (each, a "Certificate Holder'). Disposition of Payments. All payments of Transition Fees shall be transferred directly to the Certificate Holder, when and as received (but not less than monthly) by either the School District or the City, and shall be applied to the outstanding balance of -2- the Debt Certificate which is comprised of principal of and interest on the Debt Certificate. The School District and the City hereby agree that neither the School District nor the City shall make any agreements with the current or future mortgage holder or holders of mortgages encumbering the SUBJECT PROPERTY, or with the current or future owners of any portion of the SUBJECT PROPERTY, or any current or future developers of the SUBJECT PROPERTY,from which the Transition Fees are to be received, which will in any way reduce the amount of the Transition Fees, reduce the number of Units on the SUBJECT PROPERTY to below 2,080 Units or modify or amend the terms or mode of payment of the Transition Fees. Amendments to Exhibit "HI" This Exhibit "HI_ may not be amended or modified without the prior written consent of the Certificate Holder. 2. The City received an Application For Amendment dated May 31, 2013, to amend the Annexation Agreement, Exhibit "H1" and to approve and confirm an understanding by and between the Original Owners and the School District. 3. The City and the Current Owner hereby acknowledge and accept the terms of the 2004 Agreement, and agree to act in accordance with, and to be bound by, the terms thereof in the same way and to the same extent as if they were a party and duly authorized signatory thereto. 4. The City and the School District hereby acknowledge and reaffirm the terms of the Assignment, and agree to continue to act in accordance with, and to be bound by, the terms thereof. 5. In the event the terms of this Second Amendment conflict with the Original Agreement, the First Amendment, the 2004 Agreement, and/or the Assignment, this Second Amendment shall control. 6. Section 11. is hereby amended by adding the following sentence as the last sentence of Section 11.: OWNERS, DEVELOPER, CITY and School District shall each comply with the provisions of Exhibit "HI". 7. Section 24. F. is hereby stricken in its entirety and replaced with the following: F. Agreement. This Agreement and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes; provided however, that the parties can only amend the Transition Fee, the number of Units on the SUBJECT PROPERTY (as described in Exhibit "HI"), Exhibit -3- Exhibit "A" Section 11 of this Agreement, Section 24 of this Agreement and any other provisions of this Agreement which could affect the amount of Transition Fees the Certificate Holder is to receive under this Agreement if they first obtain the prior written consent of the Certificate Holder (as defined in Exhibit 'HID. This Agreement may be amended by the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the SUBJECT PROPERTY not affected by such Agreement; provided however, that the parties can only amend the Transition Fee, the number of Units on the SUBJECT PROPERTY(as described in Exhibit "HI'j Exhibit `HI Exhibit "A Section 11 of this Agreement, Section 24 of this Agreement and any other provisions of this Agreement which could affect the amount of Transition Fees the Certificate Holder is to receive under this Agreement if they first obtain the prior written consent of the Certificate Holder (as defined in Exhibit "HI" . Prior written consent of the Certificate Holder as described in the preceding two sentences shall no longer be required for an amendment to this Agreement if the Certificate Holder has received Transition Fees for all Z080 Units as further described in Exhibit "HI"and Exhibit "A". 8. Section 24. A is hereby stricken in its entirety and replaced with the following: A. Third Party Beneficiary and Enforcement. The Certificate Holder (as defined in Exhibit "HI,is a third party beneficiary to this Agreement with respect to the Transition Fee, the number of Units on the SUBJECT PROPERTY (as described in Exhibit "HI'j Exhibit "HI Exhibit `A", Section 11 of this Agreement, Section 24 of this Agreement and any other provisions of this Agreement which could affect the amount of Transition Fees the Certificate Holder is to receive under this Agreement; provided, however, that the Certificate Holder will no longer be a third party beneficiary upon receipt of the Transition Fees for all 2,080 Units as further described in Exhibit ' and Exhibit "A". This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns and by the Certificate Holder, as a third party beneficiary by an appropriate action at law or inequity to secure the performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. 9. Section 24 I. is hereby stricken in its entirety and replaced with the following: I Term of Agreement. The Term of this Agreement shall be twenty (20 years). In the event construction is commenced within said twenty year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS; provided however that the CITY and DEVELOPER/OWNERS may not modify the -4- Term of this Agreement with respect to the Transition Fee, the number of Units on the SUBJECT PROPERTY, Exhibit "HI" Exhibit "A" Section 11 of this Agreement, Section 24 of this Agreement and any other provisions of this Agreement which could affect the amount of Transition Fees the Certificate Holder is to receive under this Agreement without the prior written consent of the Certificate Holder. 10. This Second Amendment shall be in full force and effect as of the date first written above. -5- IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to the Original Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville,an Illinois municipal Corporation By: Mayor Attest: City Clerk GRANDE RESERVE (CHICAGO)ASLI VI, L.L.L.P., a Delaware limited liability limited partnership By: Avanti Properties Group II, L.L.L.P., a Delaware limited liability limited partnership, its general partner By: Avanti Management Corporation, a Florida corporation, its general partner By: Name: Andrew Dubill Title: Vice President Attest: -6- JOINDER OF COMMUNITY UNIT SCHOOL DISTRICT NO. 115 Yorkville Community Unit School District No. 115 (the "School District") has executed this Second Amendment in order to confirm the School District agrees to be bound by the terms of this Second Amendment and if, or to the extent, any of the foregoing matters agreed to in this Second Amendment requires the consent of the School District in order for such agreements to be binding and enforceable in accordance with their terms, such consent is hereby given. "SCHOOL DISTRICT" COMMUNITY UNIT SCHOOL DISTRICT No. 115 Yorkville,Illinois Date: By: Dr. Thomas D. Engler, Superintendent -7- EXHIBIT 1 LAND/CASH DONATION AGREEMENT DATED DECEMBER 13,2004 See attached. -8- ANNEXATION AGREEMENT AMENDMENT LANDICASH DONATION AGREEMENT This Annexation Agreement Amendment — Land/Cash Donation Agreement (hereinafter referred to as u Agreement )n is made as of the 13th day of December, 2004 by and among MPI-2 Yorkville Central LLC, an Illinois limited liability company (hereinafter referred to as "MPI") and the Board of Education of Community Unit School District #115, Kendall and Kane Counties, Illinois (hereinafter referred to as "Board"). RECITALS : WHEREAS, the Board approved a certain resolution on November 8, 2004 providing for the Four Million Six Hundred Eighty Five Thousand Nine Hundred Sixty ($4,685,960.00) Dollar Debt Certificate, Series 2004 of the Yorkville Community Unit School District #115 ("School District") for the purposes of paying the cost of purchasing real or personal property or both for the construction of the Grande Reserve Elementary School ("School'); and WHEREAS, pursuant to Exhibit H-1 of the Grande Reserve Annexation Agreement dated August 14, 2003, and recorded in Kendall County Recorder's Office on September 11 , 2003 under document number 200300032964 (Annexation Agreement), there are certain land contributions and Transition Fees required of MPI for the benefit of the School District; and WHEREAS, it is the desire of the parties to Amend Exhibit H-1 of the Annexation Agreement in order to facilitate certain financial needs of the School District for construction of the School; and WHEREAS, MPI has agreed to make a land donation to the School District consisting of twelve (12) acres and a cash donation in the amount of Four Million Three Hundred Fourteen Thousand Forty ($4,314,040.00) Dollars; and WHEREAS, MPI has agreed to satisfy all the conditions required of MPI under the Loan Commitment issued by Castle Bank on October 11 , 2004, which will facilitate the purchase of the Debt Certificate, Series 2004 in the amount of Four Million Six Hundred Eighty Five Thousand Nine Hundred Sixty ($4,685,960.00) Dollars. AGREEMENT NOW THEREFORE, in consideration of the Recitals set forth herein and above (which are hereby incorporated into and made a part of this Agreement), and the covenants and agreements contained herein and for other good and valuable consideration the receipt, adequacy and sufficiency of which are hereby acknowledged , the parties hereby agree as follows: 1 . The Recitals set forth above are incorporated herein and made a part hereof. 1085.001985�Annex. Agr. 12.12.04 2. All capitalized terms in this Agreement, to the extent not otherwise expressly defined herein, shall have the same meaning given to such terms in the Annexation Agreement and/or the Revenue Certificate and Installment Purchase Agreement Resolution adopted and authorized by the Board on November 8, 2004. 3. The parties hereby agree that the land donation provision of Exhibit H-1 , providing for (i) a land donation of 65 acres, containing 25 acres that is designated as Neighborhood 19, Park F, and adjacent Open Space/Detention on Exhibit C of the Annexation Agreement, and the 40 acres on the adjacent Hinsdale Nursery property, or (ii) in the alternative, a land donation of approximately 64. 1 acres of land generally identified as Neighborhoods 4 and 5, Park Site B and adjacent Open Space/Detention Areas, as shown on Exhibit C of the Annexation Agreement, is hereby waived and deemed satisfied in exchange for the Cash Donation (defined hereinafter) to be made by MPI. 4. On or before June 1 , 2005, MPI shall make a cash donation to the School District in the amount of Four Million Three Hundred Fourteen Thousand Forty ($4,314,040.00) Dollars ("Cash Donation"). 5. Contemporaneously with the payment of the Cash Donation on or before June 1 , 20051 MPI shall convey fee simple marketable title to the 12-acre parcel , whose legal description is attached hereto and marked as Exhibit A ("Land Donation"), by special warranty deed , at no cost or expense to the School District. 6. The Board and the School District acknowledge that exclusive of MPI's obligations to pay Transition Fees, the Cash Donation set forth in Paragraph 4 hereinabove and the Land Donation set forth in Paragraph 5 hereinabove constitute a complete and full satisfaction of all of MPI's obligations under Exhibit H-1 of the Annexation Agreement. 7. MPI shall comply with all of the terms and conditions required of MPI under the Loan Commitment issued by Castle Bank, October 11 , 2004, in order to facilitate the purchase of the Debt Certificate, Series 2004 in the amount of Four Million Six Hundred Eighty Five Thousand Nine Hundred Sixty ($4,685,960.00) Dollars for the benefit of the School District. 8. The debt service for the Debt Certificate, Series 2004 shall be repaid solely from the Transition Fees of Three Thousand ($3,000.00) Dollars per home provided for in Exhibit H-1 of the Annexation Agreement, Said Transition Fees shall be paid to the Reserve Fund maintained at Castle Bank as provided for in the Revenue Certificate and Installment Purchase Agreement Resolution and upon payment of the Transition Fee for the 2080' home, no further Transition Fee payments shall be required of MPI and Exhibit H-1 of the Annexation Agreement is hereby amended accordingly. 9. Contemporaneously with MPI delivering to Castle Bank the Letter of Credit in the amount of Eight Hundred Forty Thousand One Hundred Seventy One and 28/100 ($840,171 .28) Dollars, as required by the Castle Bank Loan Commitment of October 11 , 2004, the School District will release back to MPI the $3,969,000.00 Letter of Credit currently being held by the School District pursuant to the terms of Exhibit H-1 of the Annexation Agreement. 1085.0019851Annex. Agr. 12.12.04 10. The parties hereby agree that MPI shall have no monetary obligations and no non- monetary obligations whatsoever with regard to the construction and completion of the School, except as expressly provided for in this Agreement. 11 . This Agreement constitutes the entire agreement between the parties hereto as to the transactions contemplated hereby and supercedes all prior discussions, understandings or agreements between the parties hereto. 12. This Agreement shall bind and inure to the benefit of the parties hereto and their respective successors and assigns. 13. This Agreement and all other instruments referred to herein shall be governed by and shall be construed according to the laws of the State of Illinois. 14. To facilitate execution, this Agreement may be executed in as many counterparts as may be required . It shall not be necessary that the signature on behalf of both parties hereto appear on each counterpart hereof, and it shall be sufficient that the signature on behalf of each party hereto appear on one or more such counterparts. All counterparts shall collectively constitute a single Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the date first shown above. MPI-2 YORKVILLE CENTRAL LLC, BOARD OF EDUCATION OF COMMUNITY an Illinois limited liability corr`pany UNIT SCHOOL DISTRICT #115, KENDALL AND OUN ILLINOIS By. J n ediker side It By: N ' ei W d Its: esident, Bo rd of Education By: A '%% Im OL Anthony R. Pasquin li, ecretary By: Name: Its: Secretary, Board of Education 1085.001985Wnnex. Agr. 12.12.04 EXHIBIT A LEGAL DESCRIPTION OF 12-ACRE LAND DONATION That part of Lot 3011 in Grande Reserve Unit 7, being a Subdivision of part of Section 14, Township 37 North, Range 7 East of the Third Principal Meridian , according to the Plat thereof recorded August 17 , 2004, as document number 200400023008, described as follows: Beginning at the Northwest corner of Lot 549 in said Grande Reserve Unit 7; thence Northwesterly, Northeasterly and Easterly along the Westerly and Northerly line of said Lot 3011 in Grande Reserve Unit 7 the following six (6) courses: 1 ) North 33 degrees 08 minutes 49 seconds West 85.08 feet to a Point of Curvature; thence 2) Northwesterly along the arc of a curve concave to the Northeast, having a radius of 265.00 feet, having a chord bearing of North 22 degrees 08 minutes 49 seconds West, a distance of 101 .75 feet to a Point of Tangency; thence 3) North 11 degrees 08 minutes 49 seconds West 198. 12 feet to a Point of Curvature; thence 4) Northeasterly along the arc of a curve concave to the Northeast, having a radius of 265.00 feet, having a chord bearing of North 27 degrees 47 minutes 26 seconds East 360.18 feet to a Point of Compound Curvature; thence 5) Northeasterly along the arc of a curve concave to the Southeast, having a radius of 465.00 feet, having a chord bearing of North 77 degrees 43 minutes 39 seconds East, a distance of 178.54 feet to a Point of Tangency; thence 6) North 88 degrees 43 minutes 36 seconds East 375.51 feet; thence South 00 degrees 00 minutes 00 seconds West 887.64 feet to the South line of said Lot 3011 ; thence North 90 degrees 00 minutes 00 seconds West along said South line of Lot 3011 a distance of 363.57 feet to the Westerly line of said Lot 3011 ; thence North 14 degrees 13 minutes 59 seconds West along said Westerly line of Lot 3011 a distance of 78.03 feet; thence North 20 degrees 11 minutes 27 seconds West along said Westerly line of Lot 3011 a distance of 100. 19 feet; thence North 27 degrees 36 minutes 14 seconds West along said Westerly line of Lot 3011 a distance of 105. 11 feet; thence South 56 degrees 51 minutes 11 seconds West along said Westerly line of Lot 3011 a distance of 137.50 feet to the Place of Beginning; said Parcel of land herein described contains 12.0000 acres, more or less; all in Kendall County, Illinois. E 4 MINUTES of a regular public meeting of the Board of Education of Community Unit School District Number 115, Kendall and Kane Counties, Illinois, held at the Administration Offices in said school district at 7 : 30 o'clock p.m., on the 13th day of December, 2004. The meeting was called to order by the President, and upon the roll being called, Dr . Robert Brenart the President, and the following members at said location answered present: Mrs Burks , Mr . Crouch , Mr . Dockstader , Mr . Fahey , Mr . Gengler , Mr . Fisher The following members were absent: None The President announced that a proposal had been. received from MPI-2 Yorkville Central LLC for a cash and land donation to facilitate the construction of the Grande Reserve Elementary School, which is contained in the Annexation Agreement Amendment — Land/Cash. Donation Agreement attached hereto. as Exhibit A and made a part hereof, and that the Board s of Education would consider the adoption of a resolution providing for the execution of the Annexation Agreement Amendment — Land/Cash Donation Agreement in order to facilitate certain financial needs of Yorkville Community Unit School District No. 115 with regard to the construction of the Grande Reserve Elementary School. Whereupon Member Mr . Fisher presented and the Secretary read in full a resolution as follows: Resolution authorizing and providing for an Annexation Agreement Amendment — Land/Cash Donation Agreement for the purposes of meeting certain financial needs of the Yorkville Community Unit School District No. 115 for the construction and equipping of the Grande Reserve Elementary School , which Agreement provides for a cash donation to the District by MPI-2 Yorkville Central LLC, in the amount of $4,314,040.00 and a land donation of twelve (12) acres; further authorizing and providing for the execution of the Annexation Agreement Amendment — Land/cash Donation Agreement by the President of Board of 1085.001985\School Minutes 12.12.04 Education and the Secretary of the Board of Education for and on behalf of the Board of Education. Member Mr . Fisher moved and Member Mr . Crouch seconded the motion that said resolution as presented and read by the Secretary be adopted. After a full discussion thereof, the President directed that the roll be called for a vote upon the motion to adopt said resolution as read. Upon the roll being called, the following members voted AYE: Mr . Fisher , Mr . Crouch , Mrs . Burks , Mr. . Dockstader , Mr . Fahey Mr . Gengler , and Dr . Brenart The following members voted NAY: None Whereupon the President declared the motion carried and said resolution adopted, Greta to record the same approved and signed the same in open meeting and directed the Secretary { in the records of the Board of Education of Community Unit School District Number 115, Kendall and Kane Counties, Illinois, which was done. Other business not pertinent to the adoption of said resolution was duly transacted at the meeting. Upon motion duly made, seconded and carne the meeting was adjourned. Secretary, Board of Education E 1085.001985\School Minutes 12.12.04 STATE OF ILLINOIS ) ) SS: COUNTY OF KENDALL ) CERTIFICATION OF MINUTES AND RESOLUTION I , the undersigned, do hereby certify that I am the duly qualified and acting Secretary of the Board of Education of Community Unit School District Number 115, Kendall and Kane Counties, Illinois (the 'Board"), and as such official, I am the keeper of the records and files of the Board. I do further certify that the foregoing constitutes a full, true and complete transcript of the minutes of the meeting of the Board held on the 13th day of December, 2004, insofar as same relates to the adoption of a resolution entitled: Resolution authorizing and providing for an Annexation Agreement Amendment — Land/Cash Donation Agreement for the purposes of meeting certain financial needs of the Yorkville Community Unit School District No. 115 for the construction and equipping of the Grande Reserve Elementary School, which Agreement provides for a cash donation to the District by MPI-2 Yorkville Central LLC, in the amount of $4,314,040.00 and a land donation of twelve (12) acres; further authorizing and providing for the execution of the Annexation Agreement Amendment — Land/cash Donation Agreement by the President of Board of Education and the Secretary of the Board of Education for and on behalf of the Board of Education. a true, correct and complete copy of which said resolution as adopted at said meeting appears in the foregoing transcript of the minutes of said meeting. I do further certify that the deliberations of the Board on the adoption of said resolution were conducted openly, that the vote on the adoption of said resolution was taken openly, that said meeting was called and held at a specified time and place convenient to the public, that notice of said meeting was duly given to all of the news media requesting such notice, that an agenda for said meeting was posted at the location where said meeting was held and at the principal office of the Board at least 72 hours in advance of the holding of said meeting, that a true, correct and complete copy of said agenda as so posted is attached hereto as Exhibit A, that said meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended, and with the provisions of the School Code of the State of Illinois, as amended , and that the Board has complied with all of the provisions of said Act and said Code and with all of the procedural rules of the Board. IN WITNESS WHEREOF, I hereunto affix my official signature, this 13th day of December, 2004. Secretary, Board of Education 1085.001985\School Minutes 12.10.04 STATE OF ILLINOIS ) ) SS: COUNTY OF KENDALL ) FILING CERTIFICATE We, the undersigned, do hereby certify that we are, respectively, the duly qualified and acting Secretary of the Board of Education (the "Board") of Community Unit School District Number 115, Kendall and Kane Counties, Illinois (the "District '), and School Treasurer who s receives the taxes of the District, respectively, and. as such officers we do hereby certify that on the 13th day of December, 2004, there was filed with each of us, respectively, and placed on deposit in our respective records, a properly certified copy of a resolution adopted by the Board on the 13th day. of December, 20049 and entitled: Resolution authorizing and providing for an Annexation Agreement Amendment - Land/Cash Donation Agreement for the purposes of meeting certain financial needs of the Yorkville Community Unit School District No. 115 for the construction and equipping of the Grande Reserve Elementary School , which Agreement provides for a cash donation to the District by MPI-2 Yorkville Central LLC, in the amount of $4,314,040.00 and a land donation of twelve (12) acres; further authorizing and providing for the execution of the Annexation Agreement Amendment — Land/cash Donation Agreement by the President of Board of Education and the Secretary of the Board of Education for and on behalf of the Board of Education, together with any Work Contracts identified by the adoption of said resolution and attached thereto as Exhibit 1 , and that the same have all been deposited in, and all as appears from, the official files and records of our respective offices. IN WITNESS WHEREOF, we hereunto aff ur official signatures this 13th day of December, 2004. I Secretary, Board Education Ahool ur er 1085.001985\School Minutes 12.10.04 s EXHIBIT 2 ASSIGNMENT AND PLEDGE OF TRANSITION FEES See attached. -9- HOLD HARMLESS WHEREAS, on July 22, 2003, the United City of Yorkville, Kendall County, Illinois (the "City"),MPI-2 Yorkville North LLC,MPI-2 Yorkville Central LLC and MPI-2 Yorkville South LLC (collectively,the"Original Owners")entered into a certain Annexation Agreement and Planned Unit Development Agreement(the"Original Agreement'),recorded as Document No.200300032964 in the Office of the County Recorder of Kendall County,Illinois,to govern the annexation of land and the development of approximately 2,080 dwelling units within the community to be known as the "Grande Reserve Subdivision" situated in the City of Yorkville, Kendal County, Illinois; and, WHEREAS,pursuant to the Original Agreement,the Original Owners contributed acres of land to enable the Trustees of Yorkville Community School District No. 115 (the"School District") to construct a new grade school to serve the Grand Reserve Subdivision and further agreed to pay a transition fee of$3,000 per dwelling unit (the "Transition Fee") , which would be used to repay a debt certificate issued by the School District to finance the costs of the construction of the new grade school; and, WHEREAS, on October 13, 2009, the City passed Ordinance 2009-54 which approved a certain Assignment and Pledge of Transition Fees to be derived from the dwelling units to be constructed in Grand Reserve Subdivision to the holder of the debt certificate and agreed not to enter into any agreements which would reduce,modify or amend the mode of payment of the Transition Fee; and, WHEREAS,the Original Owners were succeeded by Quality Properties Asset Management Company, an Illinois corporation (the "Current Owner"), to the interests of the Original Owners pursuant to a judgment of foreclosure; and, WHEREAS,the City,the School District and the Current Owner desire to properly amend the Original Agreement, as amended, to provide for a commitment from the City not to issue a building permit for a dwelling unit in the Grand Reserve Subdivision without evidence of payment in full of the Transition Fee and the transfer thereof to the holder of the debt certificate;not to reduce, modify or amend the amount or mode of payment of the Transition Fee without the consent of the holder of the debt certificate; not to reduce the total number of platted dwelling units in the Grand Reserve Subdivision from a total of 2080;and,to acknowledge the holder of the debt certificate as a third party beneficiary to these commitments; and, WHEREAS,the City is prepared to agree to such an amendment to the Original Agreement with the terms as set forth in the Second Amendment to the Annexation Agreement and Planned Unit Development Agreement (the "Second Amendment"), in the form attached hereto and made a part hereof, on the condition that the holder of the debt certificate, Castle Bank,NA delivers to the City its agreement to hold the City harmless from all potential claims or liability as hereinafter set forth. NOW, THEREFORE, in consideration of the approval and execution of the Second Amendment by the City, Castle Bank, NA hereby agrees to hold harmless the City and their respective officials, agents, employees, officers, successors, and assigns from all causes of action, suits, debts, liens, obligations, expenses, attorneys' fees,judgments and all demands of whatever kind or however arising out of or the result of the City's approval and execution of the Second Amendment. Dated this day of August, 2013. CASTLE BANK, NA By: President Attest: Secretary Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator ' CC: Date: May 30, 2013 Subject: Second amendment to the Grande Reserve annexation agreement LJILL E�% Summary Approval of an annexation agreement amendment that records a land-cash agreement between the School District and Castle Bank on the property. Background The City Council approved an annexation agreement with MPI for the Grande Reserve property in 2003. Within that original agreement were various provisions for school land-cash and transition fee payments. In 2003, it was understood that 50% of the school transition fee ($1,500 per dwelling unit) would be paid at time of final plat by the developer and the remaining 50% of the transition fee ($1,500 per dwelling unit)would be paid for by the home builder at time of building permit. Subsequent to annexation agreement approval, the School District and Castle Bank entered into an arrangement where Castle Bank issued the School District a debt certificate in the amount of—$4.685m. This allowed the School District to build the Grande Reserve Elementary School. The debt certificate would be repaid by transition fees and land-cash fees as they are received by the School District. A condition of the debt certificate arrangement between Castle Bank and the School District was memorialized in the attached"annexation agreement amendment land-cash donation agreement" between MPI and the School District. Even though this land-cash donation agreement was titled as an annexation agreement amendment, it was never signed off on by the City, which means it was never incorporated into the annexation agreement for the property, nor recorded against the land. One of the provisions of the land-cash donation agreement was an amendment to the timing of the payout of the transition fee. Instead of being 50% at time of final plat and 50% at time of building permit, MPI and the School District agreed that the fee would be paid 100% at time of building permit ($3,000). Thus, the building permits were issued by the City after the builder had paid the School District the $3,000 transition fee. When the recession hit, the transition fees and land-cash fees dried up as homebuilders stopped building houses. The debt certificate arrangement between Castle Bank and the School District left Castle Bank on the hook, and so they have went without any major payments for the past several years. Throughout that time, Castle Bank has entertained offers from various developers and investors to buy or buyout the debt certificate from Castle Bank. In this scenario, an investor would give Castle Bank an amount of money and Castle Bank would either consider the debt certificate satisfied(closed) or would transfer the debt certificate ownership to the buying party(assigned). This type of transaction would make sense to someone who thinks that the property will develop in the near future and sees it as a good investment, or a developer who wants to reduce the obligation for the transition fees on the property. However, in every conversation with every interested party, Castle Bank has ran into the issue that the land-cash donation agreement is not recorded against the property. In order for Castle Bank to seriously entertain any offers in the future, they need the land-cash donation agreement provisions regarding the timing of the transition fees to be approved by the City. The attached agreement drafted by Attorney Orr incorporates the necessary provisions of the land-cash donation agreement into a formal second amendment to the Grande Reserve annexation agreement. In order for the City to properly approve the annexation agreement as proposed, the existing land-owners must sign off on the agreement. Thus, the existing landowner—Grande Reserve (Chicago) ASLI VI, LLLP—has consented to the proposal and turned in an application for annexation agreement amendment. This existing land-owner is commonly known as Avanti, and they have been using Ocean Atlantic as their local property management firm. We can confirm that the LLLP that owns the Grande Reserve property is not the same legal entity that owned the Westbury property. Further, this annexation agreement amendment is being requested by Castle Bank and is primarily for Castle Bank's benefit. This is a relatively simple agreement that was signed off on by Avanti's predecessor, which is why they are amenable to assisting Castle Bank with their request. Further, the proposal helps to reinforce that the homebuilders are responsible for the transition fees. Recommendation Staff recommends approval of the attached annexation agreement amendment. This item will be scheduled for a public hearing at the June 25th City Council meeting. SECOND AMENDMENT TO THE ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (Grande Reserve Subdivision) This Second Amendment (the "Second Amendment') to the Annexation Agreement and Planned Unit Development Agreement (the "Original Agreement') entered into this July 22, 2003, by and among numerous limited liability companies of the State of Illinois (the "Original Owners") and the United City of Yorkville, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (the "City"), as amended January 30, 2012, by the City and Quality Products Asset Management, LLC, as successor to the Original Owners (the "Successor Owner") is hereby further amended this day of June, 2013, by the City and Grand Reserve (Chicago) ASLI VI, L.L.L.P., as successor to the Successor Owner of the properties identified on Schedule I attached hereto (the "Property") and such other current owners of vacant property as may be identified as having succeeded to the ownership of the Successor Owner(collectively, the "Current Owners"); and, WHEREAS, due to the changes in the economic conditions in the country and most particularly in the region, the Current Owners have become the successors to the Original Owners as named in the Original Agreement wherein the Agreement provided for the development of the Grande Reserve Subdivision (the "Development') due to conveyances resulting from foreclosures or other settlement agreements; and, WHEREAS, the Current Owners have submitted an application to the City requesting an amendment to attachment H-1 to the Original Agreement ("Attachment H-1") which attachment sets forth the land contribution required at School District 115 as a result of the development of the Property (the "Land/Cash Donation"), and amounts and times for payment of Development and Transition Fees due to the School District#115; and, 1 WHEREAS, the Current Owners and the City acknowledge that the Original Owners and School District#115 entered into a certain Land/Cash Donation Agreement dated December 13, 2004, which provided for a cash payment and land donation to satisfy all of the Original Owners' obligations under Attachment H-1, a copy of which is attached hereto; and, WHEREAS, the Current Owners have now requested that, notwithstanding the terms of Attachment H-1, all Transition Fees due to the School District shall be due and payable upon the issuance of each building permit for a residential unit; and, WHEREAS, the City is prepared to consider and grant the request of the Current Owners as hereinafter set forth; and, WHEREAS, the City and the Current Owners are prepared to conduct any and all public hearings as may be required by law to accomplish this Second Amendment. NOW, THEREFORE, the City and the Current Owners agree as follows: 1. The provisions of Attachment H-1, to the Original Agreement provides: "Transition Fees. The Developer also agrees to pay a transition fee to the School District in the amount of $3,000.00 per unit (up to a maximum of $7,938,000 dependent upon the location of the school campus and the subsequent reduction in dwelling units). Owners and Developer further agree that such payment will be a rate of$1,500.00 per unit (up to $3,969,000) at the time of filing or recording of the first final plat and $1,500.00 per unit on a per building permit basis as building permits are issued." 2. The City received an Application For Amendment dated May 31, 2013, to amend Attachment H-1 of the Original Agreement to approve and confirm an understanding by and between the Original Owners and the Board of Education of School District #115 since December 13, 2004, that all Transition Fees shall be due and payable upon issuance of a building 2 permit to construct a residential unit on any vacant property described and included in the Original Agreement. 3. The City hereby agrees to approve said Application and amend Attachment H-1 to provide that the Transition Fee of$3,000.00 shall be due and payable at the time of the issuance of any building permit for the development of the Property and the development of all other vacant property included in and subject to the terms and conditions of the Original Agreement as identified as being owned by any of the Current Owners. 4. The City and the Current Owner hereby acknowledge and accept the terms as set forth in said Land/Cash Donation Agreement pertaining to the obligations of the parties thereto. 5. This Second Amendment shall be in full force and effect as the date first written above. 3 IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to the Original Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville,an Illinois municipal Corporation By: Mayor Attest: City Clerk Grand Reserve(Chicago)ASLI VI,L.L.L.P. By: President Attest: 4 0 CIP Reviewed By: Agenda Item Number J� $ 06 Legal ❑ CA#1 Finance ESL -� 1836 Engineer ❑ -_� City Administrator ❑ Tracking Number .4 City y Human Resources El� Wn sw _© Community Development ❑ ADM 2013-41 � Police ❑ Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Monthly Treasurer's Reports for June 2013 Meeting and Date: City Council—August 13, 2013 Synopsis: Council Action Previously Taken: Date of Action: Admin7/18/13 Action Taken: Move forward to CC consent agenda for approval. Item Number: ADM 2013-41 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: UNITED CITY OF YORKVILLE TREASURER'S REPORT - for the period ending June 30, 2013 Cash Basis % of % of Revenues YTD Expenses YTD June Revenues YTD Revenues Budget Budget June Expenses YTD Expenses Budget Budget General Fund 01 - General 2,369,597 3,179,431 13,009,489 24% 1,088,253 1,948,504 13,891,560 14% Special Revenue Funds 15 -Motor Fuel Tax 43,295 72,670 944,000 8% 11,574 31,891 1,394,456 2% 79 -Parks and Recreation 196,996 470,256 2,228,704 21% 129,539 235,483 2,199,048 11% 72 -Land Cash 7,886 15,067 166,500 9% - - 89,000 0% 87 - Countryside TIF 15 31 1,550 2% 133 59,002 2,105,113 3% 88 -Downtown TIF 28,513 29,319 35,350 83% 3,100 4,766 45,350 11% I 1 -Fox Hill SSA 1,662 1,868 3,786 49% 391 391 7,500 5% 12 - Sunflower SSA 3,119 3,800 7,531 50% 2,059 2,059 14,985 14% Debt Service Fund 42-Debt Service 141,746 166,811 329,479 51% 56,964 56,964 328,554 17% Capital Funds 16 -Municipal Building 95,869 96,319 573,374 17% 600 1,050 - - 25 -Vehicle and Equipment 21,607 42,926 259,750 17% 58,445 67,403 347,462 19% 23 -City-Wide Capital 159,852 194,266 1,780,172 11% 11,280 19,740 1,462,556 1% Enterprise Funds 51 -Water 404,644 439,016 2,641,091 17% 321,887 400,929 2,859,595 14% 52 - Sewer 328,271 433,506 2,355,220 18% 330,068 376,283 2,570,120 15% 80-Recreation Center 16,769 44,164 617,957 7% 137,421 215,257 150,489 143% Library Funds 82 -Library Operations 291,535 386,177 778,639 50% 50,191 108,094 771,363 14% 83 -Library Debt Service 329,673 387,710 771,963 50% 53,934 53,934 769,638 7% 84 -Library Capital 3,001 32,501 20,020 162% 3,437 3,437 38,850 9% Total Funds 4,444,050 5,995,839 26,524,575 23% 2,259,277 3,585,187 29,045,639 12% As Deputy Treasurer of the United City of Yorkville, I hereby attest,to the best of my knowledge,that the information contained in this Treasurer's Report is accurate as of the date detailed herein. Further information is available in the Finance Department. Rob Fredrickson,Finance Director/Deputy Treasurer `� I] CfTy Reviewed By: X06 Legal Agenda Item Number Finance CA#2 EST. -� __ti 1838 Engineer ❑ City Administrator 0 me Human Resources ❑ Tracking Number Community Development ❑ ` ' �'� Police ❑ ADM 2013-44 ALE � Public Works ❑ Agenda Item Summary Memo Title: Deputy Clerk and Deputy Treasurer stipend Meeting and Date: City Council August 13, 2013 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator ' CC: Date: July 11, 2013 Subject: Deputy Clerk and Deputy Treasurer Stipend LJILL E�% Summary Changing the annual stipend for the Deputy Clerk and the Deputy Treasurer position from $2,900 to $1,000. Background During the referendum on Clerk and Treasurer appointments, various City officials made the statement that if approved, we would move to reduce the Deputy Clerk and Deputy Treasurer stipends to $1,000 and have the existing Deputy Clerk and Deputy Treasurer take on their Clerk and Treasurer roles for less compensation than what was being paid to the current City Clerk and to the former City Treasurer. The concept being that an approved referendum would result in a cost savings to the City. Because the current stipends are $2,900 the cost savings calculation became confusing. While we do not have plans for a future Clerk and Treasurer referendum, I felt it would be best to change the stipends now to avoid confusion later. The reduction in the stipend now would be offset with an equal salary increase for the existing Deputy Clerk and Deputy Treasurer, so they would receive the exact same total compensation as before the change. This would somewhat benefit both individuals because stipends are paid a month in arrears, while base salary is paid every two weeks and almost immediately after the close of the pay period. They would not be receiving more money, but they would be receiving the money sooner than under a stipend. The stipend change is accomplished by amending the City Code. Staff has drafted an ordinance amending the City Code as discussed above, and it is attached to this memo. Recommendation Staff recommends approval of the attached ordinance. Red-lined version 1-6-5: SALARIES: A. Officials; Annual Salaries: 1. Mayor: Eight thousand five hundred dollars ($8,500.00) (includes $1,000.00 liquor control commissioner)plus one hundred dollars ($100.00) for each city council meeting attended. 2. Aldermen: Three thousand six hundred dollars ($3,600.00) (all aldermen)plus one hundred dollars ($100.00) for each city council meeting attended. 3. City clerk: Three thousand six hundred dollars ($3,600.00)plus one hundred dollars ($100.00) for each city council meeting attended. 4. Treasurer: Three thousand six hundred dollars ($3,600.00)plus one hundred dollars ($100.00) for each city council meeting attended. (Ord. 2008-03, 1-22-2008) 5. Deputy clerk: OneFaw thousand nine h,,ndfea dollars ($1,000.004,900:00)plus one hundred dollars ($100.00) for each city council meeting attended. (Ord. 2012-46, 11-13-2012) 6. Deputy treasurer: OneT-we thousand nine htrod e dollars ($1,000.00 900:00). 7. If there is a "special' city council meeting called, there is an additional one hundred thirty five dollars ($135.00) to the mayor, city clerk, deputy clerk, treasurer and each alderman attending. (Ord. 2013-11, 1-22-2013) Clean version 1-6-5: SALARIES: A. Officials; Annual Salaries: 1. Mayor: Eight thousand five hundred dollars ($8,500.00) (includes $1,000.00 liquor control commissioner)plus one hundred dollars ($100.00) for each city council meeting attended. 2. Aldermen: Three thousand six hundred dollars ($3,600.00) (all aldermen)plus one hundred dollars ($100.00) for each city council meeting attended. 3. City clerk: Three thousand six hundred dollars ($3,600.00)plus one hundred dollars ($100.00) for each city council meeting attended. 4. Treasurer: Three thousand six hundred dollars ($3,600.00)plus one hundred dollars ($100.00) for each city council meeting attended. (Ord. 2008-03, 1-22-2008) 5. Deputy clerk: One thousand dollars ($1,000.00)plus one hundred dollars ($100.00) for each city council meeting attended. (Ord. 2012-46, 11-13-2012) 6. Deputy treasurer: One thousand dollars ($1,000.00). 7. If there is a "special" city council meeting called, there is an additional one hundred thirty five dollars ($135.00) to the mayor, city clerk, deputy clerk, treasurer and each alderman attending. (Ord. 2013-11, 1-22-2013) UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2013-_ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILINOIS,AMENDING THE COMPENSATION OF DEPUTY CLERK AND DEPUTY TREASURER Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This day of August,2013 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on '2013. Ordinance No. 2013- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AMENDING THE COMPENSATION OF DEPUTY CLERK AND DEPUTY TREASURER WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That Title 1, Chapter 6, Section 5 of the Yorkville City Code, is hereby amended by deleting said subsection (A)(5-6) in its' entirety and replacing it with the following: 1-6-5: SALARIES: "A. Officials;Annual Salaries: 5. Deputy Clerk: One Thousand Dollars ($1,000.00) plus one hundred dollars ($100.00) for each city council meeting attended. 6. Deputy Treasurer: One Thousand Dollars ($1,000.00). 7. If there is a "special" City Council meeting called, there is an additional One Hundred Thirty Five Dollars ($135.00) to the Mayor, City Clerk, Deputy Clerk, Treasurer and each Alderman attending. 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. 2013. CITY CLERK Ordinance No.2013- Page 2 CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI LARRY KOT CHRIS FUNKHOUSER JOEL FRIEDERS ROSE ANN SPEARS DIANE TEELING Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2013. MAYOR Ordinance No.2013- Page 3 Reviewed By: Agenda Item Number 606 Legal ❑ CA#3 Finance ❑ EST. -� __ti 1838 Engineer ❑ -- City Administrator ❑ Tracking Number m Human Resources E]C�"Sad =Q Community Development El PS 2013-21 ` Police ■0 ALE ��' Public Works Parks and Recreation ❑ Agenda Item Summary Memo Title: Request to Dispose of Two (2) Police Vehicles Meeting and Date: City Council—August 13, 2013 Synopsis: Yorkville Police would like to request to dispose of a 2008 Ford Crown Victoria and a 2008 Ford Explorer. Both are police vehicles. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Deputy Chief Larry Hilt#103 Police Name Department Agenda Item Notes: ��p Cary J? °� Yorkville Police Department Memorandum 804 Game Farm Road EST. 1836 Yorkville, Illinois 60560 -�� Telephone: 630-553-4340 4 Ow Fax: 630-553-1141 Cools Kendall County <4 E Date: 07-24-13 To: Chief Hart/Public Safety Committee From: Deputy Chief L. Hilt #103 Reference: Request to dispose of two (2) police vehicles. Chief Hart/Public Safety Committee, The Yorkville Police Department would like to request to dispose of a 2008 Ford Crown Victoria police vehicle. This vehicle has over 117,000 miles on it and is beginning to become a problem mechanically. We would also like to dispose of a 2008 Ford Explorer police vehicle. This vehicle has over 110,000 miles on it, and the transmission is failing. These vehicles will be replaced by the vehicles we purchased this year. We would like to take the highest bid from 3 vendors we have previously used. Respectfully Submitted, A—�, C_ .X' 4-1 t;�3 Deputy Chief L. Hilt #103 i Reviewed By: Agenda Item Number 4 ' �► Legal ❑ CA#4 Finance ❑ EST. -�` _ ti W36 Engineer ❑ �! City Administrator El Tracking Number ! =t3 Consultant ❑ PS 2013-22 ALE ��'` Police ■ Agenda Item Summary Memo Title: Request to dispose of three (3) firearms Meeting and Date: City Council —August 13, 2013 Synopsis: The Yorkville Police Department is seeking permission to trade 3 firearms. See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Chief Richard Hart Police Department Name Department Agenda Item Notes: 0 C'r� y, o Yorkville Police Department Memorandum 804 Game Farm Road EST. 1836 Yorkville, Illinois 60560 =ti_ Telephone: 630-553-4340 p Fax: 630-553-1141 ;P COL&I at C3 Kend.M C. ` IA 714,k- Date: 07-24-13 To: Public Safety Committee From: Chief Rich Hart Reference: Request to dispose of three firearms. The Yorkville Police Department would like to dispose of three firearms 1. Smith & Wesson Model M&P 15, Serial# SW 59704. 2. Smith & Wesson Model M&P 15, Serial# SW 58440. 3. Sage by Penn Arms Model SL 65, Serial# M650229 and all remaining ammunition and accessories. We are looking to trade items one and two to an area police department for two different firearms that can be used by our members of the Kendall County Special Response Team (SRT). The trade will assist both police departments greatly; we will be getting the better end of the trade. Item three is a less than lethal multi launcher that we can no longer use because of the cost of ammunition and other reasons. One of our vendors is willing to facilitate a trade of the weapon and all remaining ammunition and accessories to the Northern Illinois Police Alarm Systems (NIPAS). The trade will give us a credit to purchase items from the vendor, NIPAS is a multi jurisdictional SWAT and emergency service team serving the northern suburbs of Chicago. 0 CIP Reviewed By: Agenda Item Number d J $ •n Legal : Bills for Payment Finance ESL -� 1836 Engineer ❑ -_� City Administrator ❑ Tracking Number .4 City y Human Resources E]� wn sw �© Community Development ❑ Police ❑ Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Bills for Payment (Informational): $1,112,857.56 Meeting and Date: City Council —August 13, 2013 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: None—Informational Council Action Requested: Submitted by: Amy Simmons Finance Name Department Agenda Item Notes: DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515820 AACVB AURORA AREA CONVENTION 063013-ALL 07/24/13 01 ADMIN SERVICES-JUNE 2013 ALL 01-640-54-00-5481 30.81 02 SEASONS HOTEL TAX ** COMMENT ** INVOICE TOTAL: 30.81 * 063013-HAMPTON 07/24/13 01 ADMIN SERVICES-JUNE 2013 01-640-54-00-5481 4,086.40 02 HAMPTON INN HOTEL TAX ** COMMENT ** INVOICE TOTAL: 4,086.40 * 063013-SUPER 07/24/13 01 ADMIN SERVICE-JUNE 2013 SUPER 01-640-54-00-5481 1,518.33 02 8 HOTEL TAX ** COMMENT ** INVOICE TOTAL: 1,518.33 * CHECK TOTAL: 5,635.54 515821 ACTION ACTION GRAPHIX LTD 5120 07/17/13 01 VEHICLE & EQUIPMENT-SPECS FOR 25-205-60-00-6070 2, 742.00 02 3 NEW SQUADS ** COMMENT ** INVOICE TOTAL: 2, 742.00 CHECK TOTAL: 2, 742.00 515822 ADSALARM ALARM DETECTION SYSTEMS INC 158127-070713 07/07/13 01 WATER OP-CHARGES FOR JULY - 51-510-54-00-5445 135.00 02 SEPTEMBER ** COMMENT ** INVOICE TOTAL: 135.00 CHECK TOTAL: 135.00 515823 ADVAAUTO ADVANCED AUTOMATION & CONTROLS 13-1907 07/18/13 01 WATER OP-ALARM SYSTEM REVIEW 51-510-56-00-5640 220.00 INVOICE TOTAL: 220.00 CHECK TOTAL: 220.00 1 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515824 AMPERAGE AMPERAGE ELECTRICAL SUPPLY INC 0467907-IN 07/01/13 01 STREETS-PHOTOCONTROL 01-410-56-00-5640 170.04 INVOICE TOTAL: 170.04 * 0468870-IN 07/09/13 01 STREETS-LAMPS 01-410-56-00-5640 48.24 INVOICE TOTAL: 48.24 * 0468910-IN 07/10/13 01 STREETS-BALLAST KIT 01-410-56-00-5640 204.33 INVOICE TOTAL: 204.33 * 0469170-IN 07/11/13 01 STREETS-LAMPS 01-410-56-00-5640 178.20 INVOICE TOTAL: 178.20 * 0469466-IN 07/11/13 01 STREETS-FUSES 01-410-56-00-5640 198.40 INVOICE TOTAL: 198.40 * CHECK TOTAL: 799.21 515825 ANIRI ANIRI LLC 043013-STREBATE 07/26/13 01 ADMIN SERVICES-JAN.-APRIL 2013 01-640-54-00-5492 1,021.60 02 SALES TAX REBATE ** COMMENT ** INVOICE TOTAL: 1,021.60 CHECK TOTAL: 1,021.60 515826 ARAMARK ARAMARK UNIFORM SERVICES 610-8109462 07/09/13 01 STREETS-UNIFORMS 01-410-56-00-5600 23.50 02 WATER OP-UNIFORMS 51-510-56-00-5600 23.50 03 SEWER OP-UNIFORMS 52-520-56-00-5600 23.50 INVOICE TOTAL: 70.50 610-8118547 07/16/13 01 STREETS-UNIFORMS 01-410-56-00-5600 23.23 02 WATER OP-UNIFORMS 51-510-56-00-5600 23.22 2 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515826 ARAMARK ARAMARK UNIFORM SERVICES 610-8118547 07/16/13 03 SEWER OP-UNIFORMS 52-520-56-00-5600 23.22 INVOICE TOTAL: 69.67 * 610-8127731 07/23/13 01 STREETS-UNIFORMS 01-410-56-00-5600 23.23 02 WATER OP-UNIFORMS 51-510-56-00-5600 23.22 03 SEWER OP-UNIFORMS 52-520-56-00-5600 23.22 INVOICE TOTAL: 69.67 * 610-8136873 07/30/13 01 STREETS-UNIFORMS 01-410-56-00-5600 23.50 02 WATER OP-UNIFORMS 51-510-56-00-5600 23.50 03 SEWER OP-UNIFORMS 52-520-56-00-5600 23.50 INVOICE TOTAL: 70.50 * CHECK TOTAL: 280.34 515827 ATT AT&T 6305536805-0713 07/25/13 01 WATER OP-MONTHLY CHARGES 51-510-54-00-5440 124.39 INVOICE TOTAL: 124.39 * 8765061200 07/10/13 01 ADMIN-ROUTER SERVICE 01-110-54-00-5440 466.12 INVOICE TOTAL: 466.12 * CHECK TOTAL: 590.51 515828 ATTLONG AT&T LONG DISTANCE 828932136-8-0701 07/01/13 01 POLICE-JUNE MAIN LINE LONG 01-210-54-00-5440 146.27 02 LONG DISTANCE ** COMMENT ** 03 LIBRARY-JUNE LONG DISTANCE 82-820-54-00-5440 82.97 INVOICE TOTAL: 229.24 CHECK TOTAL: 229.24 515829 ATTORGEN OFFICE OF IL. ATTORNEY GENERAL 3 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515829 ATTORGEN OFFICE OF IL. ATTORNEY GENERAL FUND 958-VO - 2 07/16/13 01 ADMIN-SEX OFFENDER AWARENESS 01-000-24-00-2437 5.00 02 TRAINING & EDUCATION ** COMMENT ** INVOICE TOTAL: 5.00 * CHECK TOTAL: 5.00 515830 AUTOSP AUTOMOTIVE SPECIALTIES, INC. 19362 07/11/13 01 WATER OP-CHAMBER ADJUSTING KIT 51-510-54-00-5490 1,461.45 INVOICE TOTAL: 1,461.45 * CHECK TOTAL: 1,461.45 515831 BANKNY THE BANK OF NEW YORK 043013-STREBATE 07/26/13 01 ADMIN SERVICES-JAN.-APRIL 2013 01-640-54-00-5492 150,903.97 02 SALES TAX REBATE ** COMMENT ** INVOICE TOTAL: 150,903.97 CHECK TOTAL: 150,903.97 515832 BARKSDAK KRISTI J. BARKSDALE-NOBLE 070513 07/15/13 01 ADMIN SERVICES-PACKET DELIVERY 01-220-54-00-5415 8.48 02 MILEAGE REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 8.48 CHECK TOTAL: 8.48 515833 BATTERYS BATTERY SERVICE CORPORATION 235641 07/24/13 01 STREETS-CITY HALL GENERATOR 01-410-56-00-5656 85.50 02 BATTERY ** COMMENT ** INVOICE TOTAL: 85.50 CHECK TOTAL: 85.50 4 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515834 BCBS BLUE CROSS BLUE SHIELD 070813 07/08/13 01 ADMIN-AUGUST 2013 HEALTH INS. 01-110-52-00-5216 5,924.84 02 ADMIN-AUGUST 2013 ELECTED 01-110-52-00-5235 5,377.20 03 OFFICIALS HEALTH INS. ** COMMENT ** 04 FINANCE-AUGUST 2013 HEALTH INS 01-120-52-00-5216 1,534.94 05 POLICE-AUGUST 2013 HEALTH INS 01-210-52-00-5216 35,048.73 06 STREETS-AUGUST 2013 HEALTH INS 01-410-52-00-5216 7,884.25 07 COMM/DEV-AUGUST 2013 01-220-52-00-5216 3,484.72 08 HEALTH INS. ** COMMENT ** 09 ADMIN SERVICES-AUGUST 2013 01-640-52-00-5240 7,040.95 10 RETIREES HEALTH INS. ** COMMENT ** 11 PARKS-AUGUST 2013 HEALTH INS. 79-790-52-00-5216 9,562.17 12 RECREATION-AUGUST 2013 HEALTH 79-795-52-00-5216 3,438.84 13 INS. ** COMMENT ** 14 WATER OP-AUGUST 2013 HEALTH 51-510-52-00-5216 7,408.38 15 INS ** COMMENT ** 16 SEWER OP-AUGUST 2013 HEALTH 52-520-52-00-5216 1,975.27 17 INS. ** COMMENT ** 18 LIBRARY-AUGUST 2013 HEALTH INS 82-820-52-00-5216 6,143.61 INVOICE TOTAL: 94,823.90 * CHECK TOTAL: 94,823.90 515835 BEERY BEERY HEATING & COOLING 67284 07/19/13 01 STREETS-PLUMBING LABOR 01-410-54-00-5446 157.50 INVOICE TOTAL: 157.50 * CHECK TOTAL: 157.50 515836 BEHRD DAVID BEHRENS 080113 08/01/13 01 SEWER OP-JULY 2013 MOBILE 52-520-54-00-5440 45.00 02 EMAIL REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 5 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515837 BOOMBAH BOOMBAH 043013-STREBATE 07/26/13 01 ADMIN SERVICES-JAN.-APRIL 2013 01-640-54-00-5492 2,822.97 02 SALES TAX REBATE ** COMMENT ** INVOICE TOTAL: 2,822.97 CHECK TOTAL: 2,822.97 515838 BPAMOCO BP AMOCO OIL COMPANY 38636710-PD 07/23/13 01 POLICE-JULY GASOLINE 01-210-56-00-5695 287.83 INVOICE TOTAL: 287.83 * CHECK TOTAL: 287.83 515839 BUILDERS BUILDERS ASPHALT LLC 9907 07/24/13 01 MFT-ASPHALT 15-155-56-00-5634 771.75 INVOICE TOTAL: 771.75 * CHECK TOTAL: 771.75 515840 CAMBRIA CAMBRIA SALES COMPANY INC. 33914 07/03/13 01 SEWER OP-PAPER TOWELS 52-520-56-00-5620 55.50 INVOICE TOTAL: 55.50 * 33962 07/09/13 01 ADMIN-PAPER TOWEL 01-110-56-00-5610 41.80 INVOICE TOTAL: 41.80 * CHECK TOTAL: 97.30 515841 CARDIS CARROLL DISTRIBUTING 332092 07/16/13 01 WATER OP-MAUL HEAD, MAUL 51-510-56-00-5630 87.17 02 HANDLE, WOOD STAKES ** COMMENT ** INVOICE TOTAL: 87.17 CHECK TOTAL: 87.17 6 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515842 CARGILL CARGILL, INC 2901208422 07/08/13 01 WATER OP-BULK ROCK SALT 51-510-56-00-5638 2,677.04 INVOICE TOTAL: 2,677.04 2901228083 07/22/13 01 WATER OP-BULK ROCK SALT 51-510-56-00-5638 2,690.12 INVOICE TOTAL: 2,690.12 2901229924 07/23/13 01 WATER OP-BULK ROCK SALT 51-510-56-00-5638 2, 715.99 INVOICE TOTAL: 2, 715.99 CHECK TOTAL: 8,083.15 515843 CARLSENS CARLSENS ELEVATOR SERVICES INC 60492 07/02/13 01 COMM/DEV-REPLACED BLOWN FUSE 01-220-54-00-5462 317.50 02 IN ELEVATOR & EMPTIED PIT CAN ** COMMENT ** INVOICE TOTAL: 317.50 CHECK TOTAL: 317.50 515844 CLARKE CLARK ENVIRONMENTAL 6344533 07/08/13 01 STREETS-TREATMENT OF STREET 01-410-54-00-5455 6,864.60 02 CATCH BASINS ** COMMENT ** INVOICE TOTAL: 6,864.60 CHECK TOTAL: 6,864.60 515845 COMED COMMONWEALTH EDISON 0663112230-0713 07/23/13 01 SEWER OP-103 1/2 BEAVER STREET 52-520-54-00-5480 182.24 02 LIFT ** COMMENT ** INVOICE TOTAL: 182.24 * 0903040077-0713 07/30/13 01 STREETS-LIGHTS 01-410-54-00-5480 2,153.05 INVOICE TOTAL: 2,153.05 * 7 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515845 COMED COMMONWEALTH EDISON 1407125045-0613 07/09/13 01 SEWER OP-FOXHILL 7 LIFT 52-520-54-00-5480 66.21 INVOICE TOTAL: 66.21 * 2668047007-0713 07/26/13 01 SEWER OP-1908 RAINTREE RD 52-520-54-00-5480 92.85 INVOICE TOTAL: 92.85 * 6963019021-0713 07/12/13 01 STREETS-LIGHTS 01-410-54-00-5480 12.89 INVOICE TOTAL: 12.89 * 7090039005-0613 07/10/13 01 STREETS-LIGHTS 01-410-54-00-5480 17.90 INVOICE TOTAL: 17.90 * 8344010026-0713 07/23/13 01 STREETS-LIGHTS 01-410-54-00-5480 239.99 INVOICE TOTAL: 239.99 * CHECK TOTAL: 2,765.13 515846 CONSTELL CONSTELLATION NEW ENERGY 0010893059 07/24/13 01 STREETS-421 POPLAR DRIVE 01-410-54-00-5480 3,143.88 INVOICE TOTAL: 3,143.88 * 0010895383 07/24/13 01 WATER OP-3299 LEHMAN CROSING 51-510-54-00-5480 4,385.07 INVOICE TOTAL: 4,385.07 * 0010899818 07/24/13 01 WATER OP-2224 TREMONT STREET 51-510-54-00-5480 3,070.03 INVOICE TOTAL: 3,070.03 * CHECK TOTAL: 10,598.98 515847 DAC BETTER BUSINESS PLANNING, INC. 16784-AUG.FSA 08/01/13 01 ADMIN-AUG.2013 FSA ADMIN FEE 01-110-52-00-5216 6.00 02 FINANCE-AUG.2013 FSA ADMIN FEE 01-120-52-00-5216 6.00 8 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515847 DAC BETTER BUSINESS PLANNING, INC. 16784-AUG.FSA 08/01/13 03 POLICE-AUG.2013 FSA ADMIN FEE 01-120-52-00-5216 21.00 04 COMM/DEV-AUG.2013 FSA ADMIN 01-220-52-00-5216 3.00 05 FEE ** COMMENT ** 06 STREETS-AUG.2013 FSA ADMIN FEE 01-410-52-00-5216 3.00 07 PARKS-AUG.2013 FSA ADMIN FEE 79-790-52-00-5216 1.50 08 RECREATION-AUG.2013 FSA ADMIN 79-795-52-00-5216 1.50 09 FEE ** COMMENT ** 10 WATER OP-AUG.2013 FSA ADMIN 51-510-52-00-5216 3.00 11 FEE ** COMMENT ** 12 ADMIN SERVICES-AUG.2013 01-640-52-00-5240 3.00 13 RETIREES FSA ADMIN FEE ** COMMENT ** INVOICE TOTAL: 48.00 16786-AUG HRA 08/01/13 01 ADMIN-AUG.2013 HRA ADMIN FEE 01-110-52-00-5216 9.00 02 ADMIN-AUG.2013 ELECTED 01-110-52-00-5235 12.00 03 OFFICIAL HRA ADMIN FEE ** COMMENT ** 04 FINANCE-AUG.2013 HRA ADMIN FEE 01-120-52-00-5216 3.00 05 POLICE-AUG.2013 HRA ADMIN FEE 01-210-52-00-5216 60.00 06 COMM/DEV-AUG.2013 HRA ADMIN 01-220-52-00-5216 9.00 07 FEE ** COMMENT ** 08 STREETS-AUG.2013 HRA ASMIN FEE 01-410-52-00-5216 4.00 09 PARKS-AUG. 2013 HRA ADMIN FEE 79-790-52-00-5216 10.50 10 RECREATION-AUG.2013 HRA ADMIN 79-795-52-00-5216 7.50 11 FEE ** COMMENT ** 12 WATER OP-AUG.2013 HRA ADMIN 51-510-52-00-5216 10.00 13 FEE ** COMMENT ** 14 SEWER OP-AUG.2013 HRA ADMIN 52-520-52-00-5216 4.00 15 FEE ** COMMENT ** 16 ADMIN SERVICE-AUG.2013 RETIREE 01-640-52-00-5240 15.00 17 HRA ADMIN FEE ** COMMENT ** 18 LIBRARY-AUG.2013 HRA ADMIN FEE 82-820-52-00-5216 15.00 INVOICE TOTAL: 159.00 CHECK TOTAL: 207.00 9 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515848 DAVEAUTO DAVID L CHELSEN 20870 07/12/13 01 POLICE-SQUAD REPAIR 01-210-54-00-5495 78.00 INVOICE TOTAL: 78.00 * 20874 07/12/13 01 POLICE-FUSE BOX 01-210-54-00-5495 65.00 INVOICE TOTAL: 65.00 * 20875 07/12/13 01 POLICE-SQUAD REPAIR 01-210-54-00-5495 30.00 INVOICE TOTAL: 30.00 * 20879 07/12/13 01 POLICE-SQUAD REPAIR 01-210-54-00-5495 477.00 INVOICE TOTAL: 477.00 * 20908 07/22/13 01 POLICE-SQUAD REPAIR 01-210-54-00-5495 799.00 INVOICE TOTAL: 799.00 * 20917 07/23/13 01 POLICE-SQUAD REPAIR 01-210-54-00-5495 90.00 INVOICE TOTAL: 90.00 * 20943 07/29/13 01 POLICE-SQUAD REPAIR 01-210-54-00-5495 471.00 INVOICE TOTAL: 471.00 * 20946 07/30/13 01 POLICE-SQUAD REPAIR 01-210-54-00-5495 182.00 INVOICE TOTAL: 182.00 * CHECK TOTAL: 2,192.00 515849 DUTEK THOMAS & JULIE FLETCHER 747043 07/15/13 01 STREETS-HOSE ASSEMBLY 01-410-56-00-5628 57.00 INVOICE TOTAL: 57.00 * 747053 07/16/13 01 STREETS-HOSE 01-410-56-00-5628 25.00 INVOICE TOTAL: 25.00 * 747081 07/19/13 01 STREETS-HOSE 01-410-56-00-5628 23.00 INVOICE TOTAL: 23.00 * CHECK TOTAL: 105.00 10 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515850 EEI ENGINEERING ENTERPRISES, INC. 13 06/17/13 01 CW CAPITAL-RIVER ROAD BRIDGE 23-230-60-00-6075 23,378.76 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 23,378.76 * 3-061713 06/17/13 01 CW CAPITAL-SAFE ROUTES TO 23-230-60-00-6092 17,658.21 02 SCHOOLS ** COMMENT ** INVOICE TOTAL: 17,658.21 * 52722 06/17/13 01 MFT-RT.47 OFF-STREET PARKING 15-155-60-00-6072 3,517.00 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 3,517.00 * 52723 06/17/13 01 ADMIN SERVICES-SOUTH RT.47 01-640-54-00-5465 213.00 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 213.00 * 52724 06/17/13 01 ADMIN SERVICES-CENTRAL RT.47 01-640-54-00-5465 5,454.75 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 5,454.75 * 52725 06/17/13 01 ADMIN SERVICES-GAME FARM/ 01-640-54-00-5465 2,213.50 02 SOMONAUK IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 2,213.50 * 52726 06/17/13 01 ADMIN SERVICES-OVERWEIGHT 01-640-54-00-5465 177.50 02 TRUCK PERMITS ** COMMENT ** INVOICE TOTAL: 177.50 * 52727 06/17/13 01 ADMIN SERVICES-KKCOM MEETINGS 01-640-54-00-5465 60.50 02 AND COORDINATION ** COMMENT ** INVOICE TOTAL: 60.50 * 52728 06/17/13 01 ADMIN SERVICES-STAGECOACH 01-640-54-00-5465 501.00 02 CROSSING ** COMMENT ** INVOICE TOTAL: 501.00 * 11 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515850 EEI ENGINEERING ENTERPRISES, INC. 52730 06/17/13 01 ADMIN SERVICES-WINDETTE RIDGE 01-640-54-00-5465 5,874.75 INVOICE TOTAL: 5,874.75 52731 06/17/13 01 ADMIN SERVICES-RAGING WAVES 01-640-54-00-5465 167.00 INVOICE TOTAL: 167.00 * 52732 06/17/13 01 ADMIN SERVICES-UTILITY PERMIT 01-640-54-00-5465 544.00 02 REVIEWS ** COMMENT ** INVOICE TOTAL: 544.00 * 52733 06/17/13 01 ADMIN SERVICES-AUTUMN CREEK 01-640-54-00-5465 2, 735.50 02 UNIT 2A ** COMMENT ** INVOICE TOTAL: 2, 735.50 * 52734 06/17/13 01 ADMIN SERVICES-GRAND RESERVE 01-640-54-00-5465 938.00 02 AVANTI ** COMMENT ** INVOICE TOTAL: 938.00 * 52735 06/17/13 01 ADMIN SERVICES-PRESTWICK 01-640-54-00-5465 1,054.50 INVOICE TOTAL: 1,054.50 * 52736 06/17/13 01 ADMIN SERVICES-BLACKBERRY 01-640-54-00-5465 787.50 02 WOODS ** COMMENT ** INVOICE TOTAL: 787.50 * 52737 06/17/13 01 DEVELOPER ESCROW-KENDALL 90-039-39-00-0111 2,298.00 02 CROSSING ** COMMENT ** INVOICE TOTAL: 2,298.00 * 52738 06/17/13 01 ADMIN SERVICES-CALEDONIA 01-640-54-00-5465 370.00 INVOICE TOTAL: 370.00 * 52739 06/17/13 01 DEVELOPER ESCROW-KLEINWACHTER 90-004-04-00-0111 353.50 02 DEVELOPMENT ** COMMENT ** INVOICE TOTAL: 353.50 * 12 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515850 EEI ENGINEERING ENTERPRISES, INC. 52740 06/17/13 01 ADMIN SERVICES-CITY OF 01-640-54-00-5465 1,125.50 02 YORKVILLE - GENERAL ** COMMENT ** INVOICE TOTAL: 1,125.50 * 52741 06/17/13 01 ADMIN SERVICES-MUNICIPAL 01-640-54-00-5465 1,900.00 02 ENGINEERING SERVICES ** COMMENT ** INVOICE TOTAL: 1,900.00 * 52742 06/17/13 01 DOWNTOWN TIF-HYDRAULIC 88-880-60-00-6000 2,223.54 02 EXTENSION TO RIVERFRONT PARK ** COMMENT ** 03 PARKING LOT ** COMMENT ** INVOICE TOTAL: 2,223.54 * 52743 06/17/13 01 DEVELOPER ESCROW-PRESTWICK - 90-055-55-00-0111 292.25 02 UNIT 2 ** COMMENT ** INVOICE TOTAL: 292.25 * 52744 06/17/13 01 WATER OP-BRISTOL AVENUE 51-510-60-00-6025 2,925.00 02 WATERMAIN ** COMMENT ** INVOICE TOTAL: 2,925.00 * 52745 06/17/13 01 ADMIN SERVICES-CRIMSON LANE 01-640-54-00-5465 1,422.00 INVOICE TOTAL: 1,422.00 * 52746 06/17/13 01 ADMIN SERVICES-BRISTOL BAY 01-640-54-00-5465 446.50 02 PARKING EXHIBIT ** COMMENT ** INVOICE TOTAL: 446.50 * 52747 06/17/13 01 ADMIN SERVICES-RAINTREE 01-640-54-00-5465 5,656.94 02 VILLAGE ** COMMENT ** INVOICE TOTAL: 5,656.94 * 52729 06/17/13 01 ADMIN SERVICES-KENDALL 01-640-54-00-5465 1,243.50 02 MARKET PLACE ** COMMENT ** INVOICE TOTAL: 1,243.50 * CHECK TOTAL: 85,532.20 13 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515851 EYEMED FIDELITY SECURITY LIFE INS. 5859975 07/30/13 01 ADMIN-AUG. 2013 VISION INS. 01-110-52-00-5224 49.19 02 ADMIN-AUG. 2013 ELECTED 01-110-52-00-5238 45.06 03 OFFICIAL VISION INS. ** COMMENT ** 04 FINANCE-AUG. 2013 VISION INS. 01-120-52-00-5224 26.98 05 POLICE-AUG. 2013 VISION INS. 01-210-52-00-5224 315.52 06 COMM/DEV-AUG. 2013 VISION INS. 01-220-52-00-5224 31.57 07 STREETS-AUG. 2013 VISION INS. 01-410-52-00-5224 58.55 08 ADMIN SERVICES-AUG. 2013 01-640-52-00-5242 48.19 09 RETIREES VISION INS. ** COMMENT ** 10 PARKS-AUG. 2013 VISION INS. 79-790-52-00-5224 92.65 11 RECREATION-AUG. 2013 VISION 79-795-52-00-5224 28.78 12 INS. ** COMMENT ** 13 WATER OP-AUG. 2013 VISION INS. 51-510-52-00-5224 62.32 14 SEWER OP-AUG. 2013 VISION INS. 52-520-52-00-5224 17.90 15 LIBRARY-AUG. 2013 VISION INS. 82-820-52-00-5224 53.60 INVOICE TOTAL: 830.31 CHECK TOTAL: 830.31 515852 FARREN FARREN HEATING & COOLING 8194 07/08/13 01 STREETS-REPLACED BLOWER 01-410-54-00-5446 917.50 02 MODULE ON CITY HALL UNIT ** COMMENT ** INVOICE TOTAL: 917.50 * CHECK TOTAL: 917.50 515853 FIRST FIRST PLACE RENTAL 239511-1 07/24/13 01 STREETS-CONCRETE SAW RENTAL 01-410-54-00-5485 212.50 INVOICE TOTAL: 212.50 * 239679-1 07/25/13 01 STREETS-BLADE 01-410-54-00-5485 159.00 INVOICE TOTAL: 159.00 * 14 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515853 FIRST FIRST PLACE RENTAL W2713-1 07/10/13 01 WATER OP-REPLACED BAD COIL & 51-510-56-00-5640 183.93 02 LEADS FOR SAW ** COMMENT ** INVOICE TOTAL: 183.93 CHECK TOTAL: 555.43 515854 FIRSTNON FIRST NONPROFIT UNEMPLOYEMENT 070113 07/01/13 01 ADMIN SERVICES-3RD QUARTER 01-640-52-00-5230 6,307.74 02 UNEMPLOYMENT INS. ** COMMENT ** 03 ADMIN SERVICES-PARK/REC 3RD 01-640-52-00-5230 1,906.07 04 QUARTER UNEMPLOYMENT INS. ** COMMENT ** 05 LIBRARY-3RD QUARTER 82-820-52-00-5230 680.74 06 UNEMPLOYMENT INS. ** COMMENT ** 07 WATER OP-3RD QUARTER 51-510-52-00-5230 861.82 08 UNEMPLOYMENT INS. ** COMMENT ** 09 SEWER OP-3RD QUARTER 52-520-52-00-5230 453.38 10 UNEMPLOYMENT INS ** COMMENT ** INVOICE TOTAL: 10,209.75 CHECK TOTAL: 10,209.75 515855 FREDRICR ROB FREDRICKSON 080113 08/01/13 01 FINANCE-JULY 2013 MOBILE EMAIL 01-120-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 515856 FULTON FULTON TECHNOLOGIES U-20130777 07/11/13 01 POLICE-ANNUAL MAINTENANCE 01-210-54-00-5495 3,552.26 02 RENEWAL ** COMMENT ** INVOICE TOTAL: 3,552.26 CHECK TOTAL: 3,552.26 15 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515857 GARDKOCH GARDINER KOCH & WEISBERG H-2364C-93317 07/03/13 01 ADMIN SERVICE-KIMBALL HILL 01-640-54-00-5461 12,810.00 02 MATTERS ** COMMENT ** INVOICE TOTAL: 12,810.00 H-3029C-93320 07/03/13 01 ADMIN SERVICES-WR BOND 01-640-54-00-5461 180.00 INVOICE TOTAL: 180.00 * H-3055C-93292 07/03/13 01 ADMIN SERVICES-ICCI MATTERS 01-640-54-00-5461 8,020.00 INVOICE TOTAL: 8,020.00 * H-3106C-93319 07/03/13 01 ADMIN SERVICES-TRAVELERS 01-640-54-00-5461 1,081.26 02 INSURANCE MATTERS ** COMMENT ** INVOICE TOTAL: 1,081.26 * H-3181C-93291 07/03/13 01 ADMIN SERVICES-GENERAL LEGAL 01-640-54-00-5461 640.00 02 MATTERS ** COMMENT ** INVOICE TOTAL: 640.00 * CHECK TOTAL: 22,731.26 515858 GENVALVE GENEVA VALVE TAPPING COMPANY GEN221 07/23/13 01 WATER OP-6 INCH SINGLE LINE 51-510-54-00-5462 2,500.00 02 STOP ** COMMENT ** INVOICE TOTAL: 2,500.00 CHECK TOTAL: 2,500.00 515859 GJOVIKCH GJOVIK CHEVROLET-BUICK-GMC CVCS186643 07/23/13 01 POLICE-REPLACE CABIN AIR 01-210-54-00-5495 35.55 02 FILTER ** COMMENT ** INVOICE TOTAL: 35.55 CHECK TOTAL: 35.55 16 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515860 GLATFELT GLATFELTER PUBLIC PRACTICE 74974102-8 08/01/13 01 ADMIN SERVICES-LIABILITY INS. 01-640-52-00-5231 6,019.02 02 INSTALLMENT #8 ** COMMENT ** 03 ADMIN SERVICES-PARK/REC 01-640-52-00-5231 1,252.05 04 LIABILITY INS. INSTALLMENT 48 ** COMMENT ** 05 WATER OP-LIABILITY INS. 51-510-52-00-5231 717.32 06 INATALLMENT 48 ** COMMENT ** 07 SEWER OP-LIABILITY INS. 52-520-52-00-5231 468.41 08 INSTALLMENT #8 ** COMMENT ** 09 LIBRARY-LIABILITY INS. 82-820-52-00-5231 828.20 10 INSTALLMENT #8 ** COMMENT ** INVOICE TOTAL: 9,285.00 CHECK TOTAL: 9,285.00 515861 GOLTNSKT GARY GOLINSKI 080113 08/01/13 01 ADMIN-JULY 2013 MOBILE EMAIL 01-110-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * CHECK TOTAL: 45.00 515862 GRANDREN GRAND RENTAL STATION 18402 04/19/13 01 SEWER OP-DISCHARGE HOSE 52-520-56-00-5640 11.00 INVOICE TOTAL: 11.00 * CHECK TOTAL: 11.00 515863 GREENCHV GREEN CHEVROLET, INC. 071613 07/16/13 01 VEHICLE & EQUIPMENT-2013 25-205-60-00-6070 22,034.42 02 IMPALA POLICE VEHICLE ** COMMENT ** INVOICE TOTAL: 22,034.42 CHECK TOTAL: 22,034.42 17 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515864 GUARDENT GUARDIAN 072313-DENTAL 07/23/13 01 ADMIN-AUG.2013 DENTAL INS. 01-110-52-00-5223 394.46 02 ADMIN-AUG.2013 ELECTED 01-110-52-00-5237 364.51 03 OFFICIAL DENTAL INS. ** COMMENT ** 04 FINANCE-AUG.2013 DENTAL INS. 01-120-52-00-5223 235.07 05 POLICE-AUG.2013 DENTAL INS. 01-210-52-00-5223 2,551.51 06 COMM/DEV-AUG.2013 DENTAL INS. 01-220-52-00-5223 252.97 07 STREETS-AUG.2013 DENTAL INS. 01-410-52-00-5223 503.25 08 ADMIN SERVICES-AUG.2013 01-640-52-00-5241 329.09 09 RETIREES DENTAL INS. ** COMMENT ** 10 PARKS-AUG.2013 DENTAL INS. 79-790-52-00-5223 671.94 11 RECREATION-AUG.2013 DENTAL INS 79-795-52-00-5223 205.34 12 WATER OP-AUG.2013 DENTAL INS. 51-510-52-00-5223 459.68 13 SEWER OP-AUG.2013 DENTAL INS. 52-520-52-00-5223 116.93 14 LIBRARY-AUG.2013 DENTAL INS. 82-820-52-00-5223 424.34 INVOICE TOTAL: 6,509.09 072313-LIFE 07/23/13 01 ADMIN-AUG.2013 LIFE INS. 01-110-52-00-5222 58.52 02 ADMIN-AUG.2013 LELECTED 01-110-52-00-5236 53.15 03 OFFICIAL LIFE INS. ** COMMENT ** 04 FINANCE-AUG.2013 LIFE INS. 01-120-52-00-5222 27.69 05 POLICE-AUG.2013 LIFE INS. 01-210-52-00-5222 413.27 06 COMM/DEV-AUG.2013 LIFE INS. 01-220-52-00-5222 52.50 07 STREETS-AUG.2013 LIFE INS. 01-410-52-00-5222 104.60 08 PARKS-AUG.2013 LIFE INS. 79-790-52-00-5222 78.76 09 RECREATION-AUG.2013 LIFE INS. 79-795-52-00-5222 26.92 10 WATER OP-AUG.2013 LIFE INS. 51-510-52-00-5222 68.70 11 SEWER OP-AUG.2013 LIFE INS. 52-520-52-00-5222 19.31 12 LIBRARY-AUG. 2013 LIFE INS. 82-820-52-00-5222 82.24 INVOICE TOTAL: 985.66 CHECK TOTAL: 7,494.75 515865 HOMEDEPO HOME DEPOT 13698 06/13/13 01 STREETS-GRINDER 01-410-56-00-5630 139.00 INVOICE TOTAL: 139.00 18 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515865 HOMEDEPO HOME DEPOT 3013366 06/10/13 01 STREETS-BULBS 01-410-56-00-5620 18.02 INVOICE TOTAL: 18.02 * 4014285 07/25/13 01 STREETS-BULBS 01-410-56-00-5656 1.23 INVOICE TOTAL: 1.23 * 5014253 06/18/13 01 STREETS-ELECTRICAL SUPPLIES 01-410-56-00-5656 37.55 INVOICE TOTAL: 37.55 * 7012995 06/06/13 01 STREETS-BATTERIES, BOLT, SCREW 01-410-56-00-5656 5.54 INVOICE TOTAL: 5.54 * 8012911 06/05/13 01 WATER OP-BATTERIES 51-510-56-00-5620 29.74 INVOICE TOTAL: 29.74 * 8012943 06/05/13 01 STREETS-TOGGLE BOLT 01-410-56-00-5656 1.88 INVOICE TOTAL: 1.88 * 8015801 07/05/13 01 WATER OP-ROOF CEMENT, PLASTIC 51-510-56-00-5640 13.08 02 BASE FLASHING ** COMMENT ** INVOICE TOTAL: 13.08 * 8140987 06/05/13 01 STREETS-FILTERS 01-410-56-00-5656 16.76 INVOICE TOTAL: 16.76 * CHECK TOTAL: 262.80 515866 HRGREEN HR GREEN 86477 06/03/13 01 ADMIN SERVICES-CANNONBALL & 01-640-54-00-5465 1,959.65 02 RT. 47 - KENDALL MARKETPLACE ** COMMENT ** INVOICE TOTAL: 1,959.65 CHECK TOTAL: 1,959.65 19 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 20 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515867 IDOT ILLINOIS DEPARTMENT OF 106208 07/15/13 01 CW CAPITAL-RIVER ROAD BRIDGE 23-230-60-00-6075 41,345.57 INVOICE TOTAL: 41,345.57 CHECK TOTAL: 41,345.57 515868 ILEAS ILLINOIS LAW ENFORCEMENT DUES3037 07/09/13 01 POLICE-ILEAS 2013 ANNUAL 01-210-54-00-5460 120.00 02 MEMBERSHIP DUE RENEWAL ** COMMENT ** INVOICE TOTAL: 120.00 CHECK TOTAL: 120.00 515869 ILEPA ILLINOIS E.P.A. FISCAL SERVICE ILR400554-13 DUES 06/20/13 01 COMM/DEV-ANNUAL DUES 01-220-54-00-5462 1,000.00 INVOICE TOTAL: 1,000.00 CHECK TOTAL: 1,000.00 515870 ILPD4778 ILLINOIS STATE POLICE 071413-JUNE 07/14/13 01 ADMIN-LIQUOR LICENSE 01-110-54-00-5462 167.50 02 BACKGROUND CHECKS ** COMMENT ** INVOICE TOTAL: 167.50 071413-MAY 07/14/13 01 ADMIN-LIQUOR LICENSE 01-110-54-00-5462 63.00 02 BACKGROUND CHECKS ** COMMENT ** INVOICE TOTAL: 63.00 CHECK TOTAL: 230.50 515871 ILPD4811 ILLINOIS STATE POLICE 071413 07/14/13 01 RECREATION-BACKGROUND CHECK 79-795-54-00-5462 31.50 20 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 21 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515871 ILPD4811 ILLINOIS STATE POLICE 071413 07/14/13 02 POLICE-BACKGROUND CHECK 01-210-54-00-5411 31.50 03 ADMIN-SOLICITOR BACKGROUND 01-110-54-00-5462 209.00 04 CHECKS ** COMMENT ** INVOICE TOTAL: 272.00 * 071413-JUNE 07/14/13 01 POLICE-BACKGROUND CHECK 01-210-54-00-5411 31.50 02 ADMIN-SOLICITOR BACKGROUND 01-110-54-00-5462 31.50 03 CHECK ** COMMENT ** INVOICE TOTAL: 63.00 * CHECK TOTAL: 335.00 515872 ILTOLL ILLINOIS STATE TOLL HIGHWAY G13512026 07/05/13 01 POLICE-TOLL ACTIVITY 04/01/13 01-210-54-00-5415 52.10 02 THRU 06/30/13 ** COMMENT ** INVOICE TOTAL: 52.10 * CHECK TOTAL: 52.10 515873 ITRON ITRON 295686 07/12/13 01 WATER OP-HOSTING SERVICES 51-510-54-00-5462 474.48 INVOICE TOTAL: 474.48 * CHECK TOTAL: 474.48 515874 JIFFY WISCONSIN QUICK LUBE 690583 07/22/13 01 POLICE-OIL CHANGE, CAR WASH 01-210-54-00-5495 41.98 INVOICE TOTAL: 41.98 * 690698 07/24/13 01 POLICE-OIL CHANGE 01-210-54-00-5495 29.99 INVOICE TOTAL: 29.99 * 21 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 22 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515874 JIFFY WISCONSIN QUICK LUBE 690711 07/25/13 01 POLICE-OIL CHANGE, CABIN 01-210-54-00-5495 53.98 02 FILTER ** COMMENT ** INVOICE TOTAL: 53.98 * 690889 07/29/13 01 POLICE-SYNTHETIC OIL CHANGE, 01-210-54-00-5495 77.98 02 CAR WASH ** COMMENT ** INVOICE TOTAL: 77.98 * CHECK TOTAL: 203.93 515875 JIMSTRCK JAMES GRIBBLE 146154 05/06/13 01 STREETS-TRUCK INSPECTION 01-410-54-00-5490 39.00 INVOICE TOTAL: 39.00 * 146998 07/08/13 01 STREETS-TRUCK INSPECTION 01-410-54-00-5490 26.00 INVOICE TOTAL: 26.00 * 147088 07/12/13 01 SEWER OP-TRUCK INSPECTION 52-520-54-00-5490 26.00 INVOICE TOTAL: 26.00 * CHECK TOTAL: 91.00 515876 KCCONC KENDALL COUNTY CONCRETE 31770 07/18/13 01 WATER OP-CONCRETE 51-510-56-00-5640 392.00 INVOICE TOTAL: 392.00 * CHECK TOTAL: 392.00 515877 KCRECORD KENDALL COUNTY RECORD 21793 06/06/13 01 SEWER OP-SEWER DEPT. OPERATOR 52-520-54-00-5462 87.21 02 DISPLAY SD ** COMMENT ** INVOICE TOTAL: 87.21 22 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 23 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515877 KCRECORD KENDALL COUNTY RECORD 22043 06/13/13 01 POLICE-CROSSING GUARD DISPLAY 01-210-54-00-5426 64.60 02 AD ** COMMENT ** INVOICE TOTAL: 64.60 * 22273 06/20/13 01 POLICE-CROSSING GUARD DISPLAY 01-210-54-00-5426 64.60 02 AD ** COMMENT ** INVOICE TOTAL: 64.60 * 22618 06/20/13 01 DEVELOPER ESCROW-PRIORITY 90-044-44-00-0011 39.60 02 HEALTH PUBLIC HEARING NOTICE ** COMMENT ** 03 COMM/DEV-GRANDE RESERVE PUBLIC 01-220-54-00-5426 517.60 04 HEARING NOTICE ** COMMENT ** INVOICE TOTAL: 557.20 * 22659 06/30/13 01 WATER OP-CITY WATER QUALITY 51-510-54-00-5426 786.50 02 REPORTS ** COMMENT ** INVOICE TOTAL: 786.50 * CHECK TOTAL: 1,560.11 515878 KCSHERIF KENDALL CO. SHERIFF'S OFFICE 071913-LASALLE 07/19/13 01 ADMIN-FTA REIMBURSMENT 01-000-24-00-2412 70.00 INVOICE TOTAL: 70.00 * CHECK TOTAL: 70.00 515879 KENPRINT ANNETTE M. POWELL 19061 06/12/13 01 COMM/DEV-NAME PLATE, 500 01-220-56-00-5620 40.00 02 BUSINESS CARDS ** COMMENT ** INVOICE TOTAL: 40.00 * 19110 07/29/13 01 POLICE-NOTARY STAMP 01-210-56-00-5610 27.90 INVOICE TOTAL: 27.90 * CHECK TOTAL: 67.90 23 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 24 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515880 LINCWOOD VILLAGE OF LINCOLNWOOD 0002488 07/03/13 01 ADMIN-ILCMA LODGING 2013 01-110-54-00-5415 230.04 INVOICE TOTAL: 230.04 * CHECK TOTAL: 230.04 515881 MARINEBI ARCH CHEMICALS, INC 2226 07/19/13 01 SUNFLOWER SSA-POND TREATMENT 12-112-54-00-5495 812.00 INVOICE TOTAL: 812.00 * CHECK TOTAL: 812.00 515882 MARYWOOD MARYWOOD LANDSCAPING, INC. 2251 05/01/13 01 FOX HILL SSA-MOWING 11-111-54-00-5495 391.46 INVOICE TOTAL: 391.46 * 2252 05/01/13 01 SUNFLOWER SSA-MOWING 12-112-54-00-5495 370.00 INVOICE TOTAL: 370.00 * CHECK TOTAL: 761.46 515883 MCKIRGN RANDY MCKIRGAN 74791 06/12/13 01 STREETS-MECAFLOW 46 01-410-56-00-5628 438.90 INVOICE TOTAL: 438.90 * CHECK TOTAL: 438.90 515884 MENINC MENARDS INC 043013-STREBATE 07/26/13 01 ADMIN SERVICES-JAN.-APRIL 2013 01-640-54-00-5492 56,538.02 02 SALES TAX REBATE ** COMMENT ** INVOICE TOTAL: 56,538.02 CHECK TOTAL: 56,538.02 24 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 25 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515885 MENLAND MENARDS - YORKVILLE 35241 07/05/13 01 STREETS-WEED KILLER 01-410-56-00-5620 7.88 INVOICE TOTAL: 7.88 * 35556 07/08/13 01 POLICE-KICKPLATE, BRUSH, TAPE, 01-210-56-00-5640 50.81 02 ROLLER, PRIMER ** COMMENT ** INVOICE TOTAL: 50.81 * 35667 07/09/13 01 POLICE-PAINT 01-210-56-00-5640 51.92 INVOICE TOTAL: 51.92 * 35699 07/09/13 01 POLICE-KICKPLATE, ROLLER 01-210-56-00-5640 22.78 INVOICE TOTAL: 22.78 * 35774 07/10/13 01 WATER OP-WEED CONTROL 51-510-56-00-5640 18.99 INVOICE TOTAL: 18.99 * 35807 07/10/13 01 STREETS-MORTAR MIX 01-410-56-00-5620 7.28 INVOICE TOTAL: 7.28 * 35902 07/11/13 01 WATER OP-BOARD 51-510-56-00-5640 7.99 INVOICE TOTAL: 7.99 * 35910-13 07/11/13 01 STREETS-RED CRAYONS 01-410-56-00-5620 1.97 INVOICE TOTAL: 1.97 * 36424 07/15/13 01 POLICE-BRUSH, TUB & TILER 01-210-56-00-5640 4.96 02 CLEANER ** COMMENT ** INVOICE TOTAL: 4.96 * 36543 07/16/13 01 STREETS-GOGGLES 01-410-56-00-5620 5.99 INVOICE TOTAL: 5.99 * 36576 07/16/13 01 STREETS-WRENCH 01-410-56-00-5620 18.29 INVOICE TOTAL: 18.29 * 25 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 26 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515885 MENLAND MENARDS - YORKVILLE 36685 07/17/13 01 POLICE-KICKPLATE, PAINT 01-210-56-00-5640 33.96 INVOICE TOTAL: 33.96 * 36836 07/18/13 01 POLICE-PAINT 01-210-56-00-5640 11.97 INVOICE TOTAL: 11.97 * 36856 07/18/13 01 POLICE-DRILLBTT 01-210-56-00-5640 2.18 INVOICE TOTAL: 2.18 * 37274 07/22/13 01 POLICE-ROLLER, FROD TAPE, 01-210-56-00-5640 60.62 02 PAINT ** COMMENT ** INVOICE TOTAL: 60.62 * 37372 07/23/13 01 STREETS-FACE MOLD REMOVAL, 01-410-56-00-5620 85.88 02 FILTERS ** COMMENT ** INVOICE TOTAL: 85.88 * 37439 07/23/13 01 POLICE-GARBAGE BAGS 01-210-56-00-5640 11.47 INVOICE TOTAL: 11.47 * 37517 07/24/13 01 STREETS-MERCHANDISE RETURN 01-410-56-00-5620 -15.49 02 CREDIT ** COMMENT ** INVOICE TOTAL: -15.49 * CHECK TOTAL: 389.45 515886 MERLIN DEYCO, INC. 24716 07/25/13 01 POLICE-TIRE PATCH 01-210-54-00-5495 14.14 INVOICE TOTAL: 14.14 * 24774 07/29/13 01 POLICE-TIRE PLUG 01-210-54-00-5495 14.14 INVOICE TOTAL: 14.14 * CHECK TOTAL: 28.28 26 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 27 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515887 MIDAM MID AMERICAN WATER 95119A 07/08/13 01 WATER OP-HYDRANT EXT. 51-510-56-00-5640 1,192.00 INVOICE TOTAL: 1,192.00 CHECK TOTAL: 1,192.00 515888 MILES MILES CHEVROLET 071213 07/12/13 01 VEHICLE & EQUIPMENT-2013 TAHOE 25-205-60-00-6070 53,870.00 02 POLICE SQUAD ** COMMENT ** INVOICE TOTAL: 53,870.00 CHECK TOTAL: 53,870.00 515889 MINER MINER ELECTRONICS CORPORATION 250360 07/12/13 01 POLICE-REPAIRED DOWNLOAD 01-210-54-00-5495 260.00 02 STATION FOR DP2 CAMERAS ** COMMENT ** INVOICE TOTAL: 260.00 250429 07/11/13 01 POLICE-REPLACED TAKE DOWN BULB 01-210-54-00-5495 30.90 INVOICE TOTAL: 30.90 250470 07/11/13 01 POLICE-INSTALLED NEW 01-210-54-00-5495 3,037.00 02 EQUIPMENT ON SQUAD ** COMMENT ** INVOICE TOTAL: 3,037.00 * 250472 07/11/13 01 POLICE-INSTALLED NEW EQUIPMENT 01-210-54-00-5495 6,693.74 02 ON SQUAD ** COMMENT ** INVOICE TOTAL: 6,693.74 * 250474 07/11/13 01 POLICE-INSTALLED NEW EQUIPMENT 01-210-54-00-5495 4,895.40 02 ON 2013 IMPALA SQUAD ** COMMENT ** INVOICE TOTAL: 4,895.40 * 250645 07/24/13 01 POLICE-REPLACED SIREN FUSE 01-210-54-00-5495 142.50 INVOICE TOTAL: 142.50 * 27 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 28 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515889 MINER MINER ELECTRONICS CORPORATION 250646 07/24/13 01 POLICE-DIAGNOSTIC ON FLASH 01-210-54-00-5495 47.50 02 LIGHT NOT CHARGING ** COMMENT ** INVOICE TOTAL: 47.50 * 250647 07/24/13 01 POLICE-DIAGNOSTIC TO FIND 01-210-54-00-5495 47.50 02 BURNT LIGHT SOCKET ** COMMENT ** INVOICE TOTAL: 47.50 * 250648 07/24/13 01 POLICE-CORRECTED CORRUPT FILES 01-210-54-00-5495 190.00 02 AND RE-INITIALIZED EQUIPMENT ** COMMENT ** INVOICE TOTAL: 190.00 * CHECK TOTAL: 15,344.54 515890 NEMRT NORTH EAST MULTI-REGIONAL 172150 07/08/13 01 POLICE-40 HOUR RIFLE/CARBINE 01-210-54-00-5412 500.00 02 INSTRUCTOR TRAINING FOR ** COMMENT ** 03 1 PERSON ** COMMENT ** INVOICE TOTAL: 500.00 * CHECK TOTAL: 500.00 515891 NEOPOST NEOFUNDS BY NEOPOST 072613 07/26/13 01 ADMIN-POSTAGE METER REFILL 01-000-14-00-1410 500.00 INVOICE TOTAL: 500.00 * CHECK TOTAL: 500.00 515892 NEOUSA NEOPOST USA INC 50476380 07/06/13 01 FINANCE-POSTAGE METER RENTAL 01-120-54-00-5485 74.85 02 FOR 08/05/13 - 11/04/13 ** COMMENT ** INVOICE TOTAL: 74.85 CHECK TOTAL: 74.85 28 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 29 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515893 NICOR NICOR GAS 00-41-22-8748 4-0613 07/08/13 01 ADMIN-1107 PRIAIRIE LANE 01-110-54-00-5480 60.18 INVOICE TOTAL: 60.18 * 07-72-09-0117 7-0713 07/24/13 01 ADMIN-1301 CAROLYN CT 01-110-54-00-5480 23.92 INVOICE TOTAL: 23.92 * 15-41-50-1000 6-0613 07/09/13 01 ADMIN-804 GAME FARM RD 01-110-54-00-5480 100.26 INVOICE TOTAL: 100.26 * 15-64-61-3532 5-0613 07/08/13 01 ADMIN-1991 CANNONBALL TRAIL 01-110-54-00-5480 31.49 INVOICE TOTAL: 31.49 * 20-52-56-2042 1-0613 07/09/13 01 ADMIN-420 FAIRHAVEN DR 01-110-54-00-5480 76.48 INVOICE TOTAL: 76.48 * 31-61-67-2493 1-0613 07/08/13 01 ADMIN-276 WINDHAM CIRCLE 01-110-54-00-5480 25.98 INVOICE TOTAL: 25.98 * 46-69-47-6727 1-0613 07/08/13 01 ADMIN-1975 BRIDGE STREET 01-110-54-00-5480 79.65 INVOICE TOTAL: 79.65 * 66-70-44-6942 9-0613 07/09/13 01 ADMIN-100 RAINTREE ROAD 01-110-54-00-5480 97.39 INVOICE TOTAL: 97.39 * 83-80-00-1000 7-0613 07/12/13 01 ADMIN-610 TOWER LANE UNIT B 01-110-54-00-5480 29.94 INVOICE TOTAL: 29.94 * CHECK TOTAL: 525.29 515894 NORTHERN NORTHERN SAFETY CO., INC. 900522220 07/24/13 01 STREETS-RESPIRATORS 01-410-56-00-5600 54.48 INVOICE TOTAL: 54.48 * CHECK TOTAL: 54.48 29 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 30 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515895 OFFWORK OFFICE WORKS 222347 07/12/13 01 COMM/DEV-PAPER 01-220-56-00-5610 18.99 INVOICE TOTAL: 18.99 * 222448 07/17/13 01 FINANCE-BINDER TABS 01-120-56-00-5610 28.99 INVOICE TOTAL: 28.99 * CHECK TOTAL: 47.98 515896 OHERRONO RAY O'HERRON COMPANY 1306604-IN 03/04/13 01 POLICE-SHIRTS, NAMEPLATE, BELT 01-210-56-00-5600 266.77 02 HANDCUFF CASE ** COMMENT ** INVOICE TOTAL: 266.77 * 1308060-IN 03/18/13 01 FINANCE-VEST 01-210-56-00-5600 130.95 INVOICE TOTAL: 130.95 * 1308857-IN 03/25/13 01 POLICE-FREIGHT CHARGE 01-210-56-00-5600 8.93 INVOICE TOTAL: 8.93 * 1321630-IN 07/17/13 01 POLICE-SHIRTS, STREET GEAR 01-210-56-00-5600 493.80 INVOICE TOTAL: 493.80 * 1322516-IN 07/25/13 01 POLICE-SERPA MATTE 01-210-56-00-5600 41.95 INVOICE TOTAL: 41.95 * CHECK TOTAL: 942.40 515897 OPENLAND OPENLANDS 000028 07/23/13 01 LAND CASH-LEASE DONANTION 72-720-60-00-6032 12,000.00 02 AGREEMENT FEE EXTENSION ** COMMENT ** INVOICE TOTAL: 12,000.00 CHECK TOTAL: 12,000.00 30 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 31 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515898 OSWEGO VILLAGE OF OSWEGO 080113 08/01/13 01 ADMIN-JULY 2013 PARK & RIDE 01-000-24-00-2460 82.50 02 PROCEEDS ** COMMENT ** INVOICE TOTAL: 82.50 CHECK TOTAL: 82.50 515899 OSWPRINT JAMES A AGEMA 72425 07/18/13 01 FINANCE-UB ENVELOPES 01-120-56-00-5610 309.53 02 WATER OP-UB ENVELOPES 51-510-56-00-5620 1,007.30 03 WATER OP-UB ENVELOPES 52-520-56-00-5610 513.62 INVOICE TOTAL: 1,830.45 CHECK TOTAL: 1,830.45 515900 PATTEN PATTEN INDUSTRIES, INC. P53CO130086 06/28/13 01 STREETS-TIP-SOIL DIGS, 01-410-56-00-5628 191.35 02 RETAINER ** COMMENT ** INVOICE TOTAL: 191.35 P53CO130109 06/30/13 01 STREETS-RETAINER 01-410-56-00-5628 20.00 INVOICE TOTAL: 20.00 P53R0017873 06/30/13 01 STREETS-RETAINER 01-410-56-00-5628 36.95 INVOICE TOTAL: 36.95 CHECK TOTAL: 248.30 515901 PFPETT P.F. PETTIBONE & CO. 28195 07/11/13 01 POLICE-400 SHOULDER PATCHES 01-210-56-00-5600 669.95 INVOICE TOTAL: 669.95 CHECK TOTAL: 669.95 31 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 32 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515902 PUBLAGEN PUBLIC AGENCY TRAINING COUNCIL 167866 07/16/13 01 POLICE-SEMINAR REGISTRATION 01-210-54-00-5412 295.00 INVOICE TOTAL: 295.00 CHECK TOTAL: 295.00 515903 PULTE PULTE HOMES 071913-SURETY 07/19/13 01 ADMIN-REFUND SURETY DEPOSITS 01-000-24-00-2415 52,500.00 02 FOR 9 DIFFERENT PROPERTIES ** COMMENT ** INVOICE TOTAL: 52,500.00 073113 07/31/13 01 ADMIN-SURETY DEPOSIT REFUNDS 01-000-24-00-2415 85,000.00 02 FOR 16 DIFFERENT PERMITS ** COMMENT ** INVOICE TOTAL: 85,000.00 CHECK TOTAL: 137,500.00 515904 R0000328 TIM GREYER BUILDERS 462 OMAHA 06/19/13 01 ADMIN-REFUND SURETY DEPOSIT 01-000-24-00-2415 5,000.00 02 FOR 462 OMAHA ** COMMENT ** INVOICE TOTAL: 5,000.00 CHECK TOTAL: 5,000.00 515905 R0000594 BRIAN BETZWISER 080113-57 06/14/13 01 VEHICLE & EQUIPMENT-185 WOLF 25-215-92-00-8000 2,552.78 02 PRINCIPLE PYMT #57 ** COMMENT ** 03 VEHICLE & EQUIPMENT-185 WOLF 25-215-92-00-8050 4,096.80 04 INTEREST PYMT #57 ** COMMENT ** 05 VEHICLE & EQUIPMENT-185 WOLF 25-225-92-00-8000 79.98 06 PRINCIPLE PYMT #57 ** COMMENT ** 07 VEHICLE & EQUIPMENT-185 WOLF 25-225-92-00-8050 128.36 32 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 33 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515905 R0000594 BRIAN BETZWISER 080113-57 06/14/13 08 INTEREST PYMT #57 ** COMMENT ** INVOICE TOTAL: 6,857.92 CHECK TOTAL: 6,857.92 515906 R0001191 MALLORY ROSENWINKEL 072513-R 07/22/13 01 ADMIN-BEECHER RENTAL REFUND - 01-000-48-00-4820 45.00 02 RESERVATION CANCELLED ** COMMENT ** INVOICE TOTAL: 45.00 072513D 07/22/13 01 ADMIN-BEECHER DEPOSIT REFUND 01-000-24-00-2410 50.00 INVOICE TOTAL: 50.00 CHECK TOTAL: 95.00 515907 R0001213 KRIS SMITH 062913 07/22/13 01 ADMIN-BEECHER DEPOSIT REFUND 01-000-24-00-2410 50.00 INVOICE TOTAL: 50.00 CHECK TOTAL: 50.00 515908 R0001218 FRED & KAY RAAVEL 072913 07/29/13 01 ADMIN-REFUND OVERPAYMENT BY 01-000-13-00-1371 201.16 02 COLLECTIONS ON UTILITY ** COMMENT ** 03 ACCT#0102242010-06 ** COMMENT ** INVOICE TOTAL: 201.16 CHECK TOTAL: 201.16 515909 R0001219 SHERRI OHLER 072913 07/29/13 01 ADMIN-REFUND OVERPAYMENT TO 01-000-13-00-1371 129.22 33 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 34 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515909 R0001219 SHERRI OHLER 072913 07/29/13 02 LANDLORD ON UTILITY ** COMMENT ** 03 ACCT#0109163250-01 ** COMMENT ** INVOICE TOTAL: 129.22 CHECK TOTAL: 129.22 515910 R0001220 PAUL FRANK 072913 07/29/13 01 ADMIN-REFUND OVERPAYMENT ON 01-000-13-00-1371 171.12 02 FINAL FOR UTILITY ** COMMENT ** 03 ACCT#0106351700-02 ** COMMENT ** INVOICE TOTAL: 171.12 CHECK TOTAL: 171.12 515911 R0001221 ALLEN WILSON 072913 07/29/13 01 ADMIN-REFUND OVERPAYMENT ON 01-000-13-00-1371 22.00 02 UTILITY ACCT#0104120600-10 ** COMMENT ** INVOICE TOTAL: 22.00 CHECK TOTAL: 22.00 515912 R0001222 ROBERT HARRISON 072313 07/23/13 01 ADMIN-REFUND OVERPAYMENT ON 01-000-13-00-1371 197.45 02 UTILITY ACCT#0104050000-00 ** COMMENT ** INVOICE TOTAL: 197.45 CHECK TOTAL: 197.45 515913 R0001223 TED ARVANITIS 080113-LIQ 08/01/13 01 ADMIN-REFUND OF LIQUOR LICENSE 01-000-42-00-4200 875.00 34 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 35 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515913 R0001223 TED ARVANITIS 080113-LIQ 08/01/13 02 DEPOSIT ** COMMENT ** INVOICE TOTAL: 875.00 CHECK TOTAL: 875.00 515914 RATOSJ RATOS, JAMES 043013-STREBATE 07/26/13 01 ADMIN SERVICES-JAN.-APRIL 2013 01-640-54-00-5492 10,154.05 02 SALES TAX REBATE ** COMMENT ** INVOICE TOTAL: 10,154.05 CHECK TOTAL: 10,154.05 515915 RIVRVIEW RIVERVIEW FORD FOCS332253 07/24/13 01 STREETS-REPLACED THERMOSTAT 01-410-54-00-5490 945.06 02 AND VALVE BODY ** COMMENT ** INVOICE TOTAL: 945.06 * CHECK TOTAL: 945.06 515916 SECBLDR SECURITY BUILDERS SUPPLY CO 223568 07/25/13 01 STREETS-BOLT 01-410-56-00-5656 23.00 INVOICE TOTAL: 23.00 * CHECK TOTAL: 23.00 515917 SERVMASC SERVICEMASTER COMM. CLEANING 163229 07/15/13 01 ADMIN-MONTHLY CITY OFFICE 01-110-54-00-5488 1,196.00 02 CLEANING ** COMMENT ** INVOICE TOTAL: 1,196.00 CHECK TOTAL: 1,196.00 35 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 36 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515918 SHELL SHELL OIL CO. 065159923307-PW 07/05/13 01 STREETS-JUNE GASOLINE 01-410-56-00-5695 69.39 INVOICE TOTAL: 69.39 * CHECK TOTAL: 69.39 515919 SHELL SHELL OIL CO. 065356230307-PD 07/12/13 01 POLICE-JULY GASOLINE 01-210-56-00-5695 95.76 INVOICE TOTAL: 95.76 * CHECK TOTAL: 95.76 515920 SHREDIT SHRED-IT 9402223678 07/11/13 01 POLICE-ON SITE SHREDDING 01-210-54-00-5462 108.51 INVOICE TOTAL: 108.51 * CHECK TOTAL: 108.51 515921 SLEEZERJ SLEEZER, JOHN 080113 08/01/13 01 STREETS-JULY 2013 MOBILE EMAIL 01-410-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * CHECK TOTAL: 45.00 515922 STEVENS STEVEN'S SILKSCREENING 5724 07/12/13 01 POLICE-EMBROIDERY 01-210-56-00-5600 48.00 INVOICE TOTAL: 48.00 * 5725 07/12/13 01 POLICE-48 FLEXFIT STRUCTURED 01-210-56-00-5600 720.00 02 TWILL CAPS ** COMMENT ** INVOICE TOTAL: 720.00 * 36 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 37 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515922 STEVENS STEVEN'S SILKSCREENING 5758 07/24/13 01 POLICE-TWILL CAP 01-210-56-00-5600 45.00 INVOICE TOTAL: 45.00 * 5762 07/24/13 01 POLICE-SEW PATCHES ON SLEEVES 01-210-56-00-5600 25.00 INVOICE TOTAL: 25.00 * CHECK TOTAL: 838.00 515923 STREICH STREICHERS 11032243 07/09/13 01 POLICE-PANTS, POLO SHIRT 01-210-56-00-5600 132.98 INVOICE TOTAL: 132.98 * 11035208 07/23/13 01 POLICE-BALL VESTS 01-210-56-00-5690 1,215.00 INVOICE TOTAL: 1,215.00 * 11035354 07/24/13 01 POLICE-PANTS 01-210-56-00-5600 66.99 INVOICE TOTAL: 66.99 * CHECK TOTAL: 1,414.97 515924 SUBURBAN SUN-TIMES MEDIA 063013 06/30/13 01 WATER OP-ADVERTISEMENT FOR BID 51-510-60-00-6025 202.44 INVOICE TOTAL: 202.44 * CHECK TOTAL: 202.44 515925 SUBURLAB SUBURBAN LABORATORIES INC. 29424 07/15/13 01 WATER OP-COLIFORM 51-510-54-00-5429 276.50 INVOICE TOTAL: 276.50 * CHECK TOTAL: 276.50 37 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 38 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515926 TAPCO TAPCO 1427024 07/08/13 01 MFT-SIGN 15-155-56-00-5619 59.37 INVOICE TOTAL: 59.37 * 1427053 07/08/13 01 MFT-DECALS 15-155-56-00-5619 375.20 INVOICE TOTAL: 375.20 * CHECK TOTAL: 434.57 515927 TARGET TARGET BANK 071813 07/18/13 01 ADMIN-LYSOL, COFFEE 01-110-56-00-5610 8.42 INVOICE TOTAL: 8.42 * CHECK TOTAL: 8.42 515928 TIGERDIR TIGERDIRECT J45761910101 07/11/13 01 POLICE-SURGE PROTECTOR 01-210-56-00-5610 33.93 INVOICE TOTAL: 33.93 * CHECK TOTAL: 33.93 515929 TRAFFIC TRAFFIC CONTROL CORPORATION 0000060189 07/08/13 01 STREETS-GREEN LED BALL 01-410-56-00-5640 130.00 INVOICE TOTAL: 130.00 * CHECK TOTAL: 130.00 515930 TUCKER TUCKER DEVELOPMENT CORP. 043013-STREBATE 07/26/13 01 ADMIN SERVICES-JAN.-APRIL 2013 01-640-54-00-5492 46, 741.64 02 SALES TAX REBATE ** COMMENT ** INVOICE TOTAL: 46, 741.64 CHECK TOTAL: 46, 741.64 38 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 39 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515931 UPSSTORE MICHAEL J. KENIG 071613 07/16/13 01 ADMIN-2 PKGS TO KFO, 1 PKG TO 01-110-54-00-5452 95.98 02 IL DEP. OF NATURAL RESOUCE ** COMMENT ** 03 RECREATION-2 PKGS TO CODE BLUE 79-795-54-00-5452 19.77 04 WATER OP-1 PKG TO SUBURBAN LAB 51-510-54-00-5452 8.81 INVOICE TOTAL: 124.56 CHECK TOTAL: 124.56 515932 VISA VISA 072813-CITY 07/28/13 01 ADMIN-THROTTLE CONTROL, BOOKS 01-000-24-00-2440 46.77 02 ADMIN-JULY INTERNET 01-110-54-00-5440 49.96 03 ADMIN-ICMA MEMBERSHIP RENEWAL 01-110-54-00-5460 30.00 04 ADMIN-SHIPPING CREDIT 01-110-56-00-5610 -5.30 05 FINANCE-GFOA SEMINAR & MONTHLY 01-120-54-00-5412 335.00 06 WEBINARS FOR AUG.-DEC. 2013 ** COMMENT ** 07 FINANCE-JULY INTERNET 01-120-54-00-5440 49.96 08 FINANCE-IACP MEMBER RENEWAL 01-120-54-00-5412 120.00 09 POLICE-JULY INTERNET 01-210-54-00-5440 324.76 10 POLICE-SPEC CLEANING PATCHES 01-210-56-00-5620 259.68 11 COTTON TIPPED APPLICATORS, ** COMMENT ** 12 AMMUNITION, RIFLE CLEANING ROD ** COMMENT ** 13 POLICE-FUNERAL FLOWERS 01-210-56-00-5650 57.00 14 POLICE-GASOLINE 01-210-56-00-5695 21.54 15 COMM/DEV-JULY INTERNET 01-220-54-00-5440 37.47 16 STREETS-JULY INTERNET 01-410-54-00-5440 49.98 17 STREETS-BLADES 01-410-56-00-5630 93.69 18 ADMIN SERVICES-WEBSITE UPKEEP 01-640-54-00-5450 15.95 19 FEES ** COMMENT ** 20 WATER OP-JULY INTERNET 51-510-54-00-5440 144.35 21 SEWER OP-JULY INTERNET 52-520-54-00-5440 37.47 22 PARKS-JULY INTERNET 79-790-54-00-5440 66.91 23 RECREATION-JULY INTERNET 79-795-54-00-5440 66.91 24 RECREATION-IPRA JOB POSTING AD 79-795-54-00-5426 150.00 39 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 40 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515932 VISA VISA 072813-CITY 07/28/13 25 RECREATION-I-CAMP LUNCH, 79-795-56-00-5606 39.40 26 STICKERS, FLYING DISCS ** COMMENT ** 27 REC CENTER-TEST FOR REC TRAK 80-800-56-00-5607 1.00 28 REC CENTER-JULY CABLE, FAX 80-800-56-00-5620 397.42 29 MACHINE ** COMMENT ** 30 REC CENTER-FUSE 80-800-56-00-5640 12.60 31 DOWNTOWN TIF-KAYAK EVENT LUNCH 88-880-60-00-6000 80.50 INVOICE TOTAL: 2,483.02 * CHECK TOTAL: 2,483.02 515933 VITOSH CHRISTINE M. VITOSH 1541 07/15/13 01 POLICE-JUNE 12 ADMIN HEARING 01-210-54-00-5467 100.00 INVOICE TOTAL: 100.00 * 1544 07/15/13 01 POLICE-JUNE 19TH ADMIN HEARING 01-210-54-00-5467 100.00 INVOICE TOTAL: 100.00 * 1547 07/15/13 01 POLICE-JUNE 26TH ADMIN HEARING 01-210-54-00-5467 100.00 INVOICE TOTAL: 100.00 * 1548 07/15/13 01 POLICE-JULY 3RD ADMIN HEARING 01-210-54-00-5467 100.00 INVOICE TOTAL: 100.00 * 1550 07/15/13 01 POLICE-JULY 10 ADMIN HEARING 01-210-54-00-5467 100.00 INVOICE TOTAL: 100.00 * 1554 07/29/13 01 POLICE-JULY 17 ADMIN HEARING 01-210-54-00-5467 100.00 INVOICE TOTAL: 100.00 * 1558 07/29/13 01 POLICE-JULY 24 ADMIN HEARING 01-210-54-00-5467 100.00 INVOICE TOTAL: 100.00 * CMV 1555 07/29/13 01 DEVELOPER ESCROW-JULY 10 PLAN 90-044-44-00-0011 158.20 40 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 41 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515933 VITOSH CHRISTINE M. VITOSH CMV 1555 07/29/13 02 COMMISSION ** COMMENT ** INVOICE TOTAL: 158.20 * CHECK TOTAL: 858.20 515934 WAREHOUS WAREHOUSE DIRECT 2009489-0 07/19/13 01 POLICE-PAPER 01-210-56-00-5610 275.00 INVOICE TOTAL: 275.00 * CHECK TOTAL: 275.00 515935 WATERSER WATER SERVICES CO. 20355 07/16/13 01 WATER OP-LEAK DETECTION AT 51-510-56-00-5640 312.50 02 THREE DIFFERENT LOCATIONS ** COMMENT ** INVOICE TOTAL: 312.50 * CHECK TOTAL: 312.50 515936 WERDERW WALLY WERDERICH 072413 07/24/13 01 POLICE-JUNE 12 ADMIN HEARING 01-210-54-00-5467 150.00 INVOICE TOTAL: 150.00 * CHECK TOTAL: 150.00 515937 WTRPRD WATER PRODUCTS, INC. 0241474 07/16/13 01 SEWER OP-MISSION BAND, WALL 52-520-56-00-5640 145.87 02 SEWER TEES ** COMMENT ** INVOICE TOTAL: 145.87 0241475 07/16/13 01 WATER OP-36 END POINTS, 24 51-510-56-00-5664 5,220.00 41 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 42 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515937 WTRPRD WATER PRODUCTS, INC. 0241475 07/16/13 02 BACKPLATES ** COMMENT ** INVOICE TOTAL: 5,220.00 CHECK TOTAL: 5,365.87 515938 YBSD YORKVILLE BRISTOL 0551-010267128 06/30/13 01 WATER OP-JUNE 2013 FEES 51-510-54-00-5445 3,492.72 INVOICE TOTAL: 3,492.72 * CHECK TOTAL: 3,492.72 515939 YORKACE YORKVILLE ACE & RADIO SHACK 149245 07/11/13 01 STREETS-DRILL BITS 01-410-56-00-5620 11.98 INVOICE TOTAL: 11.98 * 149247 07/11/13 01 STREETS-SCREWS 01-410-56-00-5620 1.52 INVOICE TOTAL: 1.52 * 149250 07/11/13 01 STREETS-BUG SPRAY 01-410-56-00-5620 11.97 INVOICE TOTAL: 11.97 * 149280 07/12/13 01 WATER OP-KEY 51-510-56-00-5640 4.98 INVOICE TOTAL: 4.98 * 149304 07/15/13 01 WATER OP-KEY 51-510-56-00-5640 2.49 INVOICE TOTAL: 2.49 * 149515 07/30/13 01 POLICE-BATTERIES 01-210-56-00-5620 23.98 INVOICE TOTAL: 23.98 * CHECK TOTAL: 56.92 515940 YORKPDPC YORKVILLE POLICE DEPT. 42 DATE: 08/07/13 UNITED CITY OF YORKVILLE PAGE: 43 TIME: 12:42:01 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/13/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515940 YORKPDPC YORKVILLE POLICE DEPT. 072313 07/23/13 01 POLICE-PINS 01-210-56-00-5600 16.80 02 POLICE-2 VEHICLE TITLES & 25-205-60-00-6070 315.00 03 PLATES ** COMMENT ** INVOICE TOTAL: 331.80 * CHECK TOTAL: 331.80 515941 YORKSELF YORKVILLE SELF STORAGE, INC 072313-45 07/23/13 01 POLICE-STORAGE 01-210-54-00-5485 75.00 INVOICE TOTAL: 75.00 * CHECK TOTAL: 75.00 515942 YOUNGM MARLYS J. YOUNG 062013 07/10/13 01 ADMIN-JUNE 20 ADMIN MEETING 01-110-54-00-5462 67.00 02 MINUTES ** COMMENT ** INVOICE TOTAL: 67.00 * 070313 07/18/13 01 ADMIN-PUBLIC SAFETY MEETING 01-110-54-00-5462 51.25 02 MINUTES FOR 07/03/13 ** COMMENT ** INVOICE TOTAL: 51.25 * 071013 07/24/13 01 ADMIN-JULY 10 PLAN COMMISSION 01-110-54-00-5462 4.18 02 MEETING MINUTES ** COMMENT ** 03 DEVELOPER ESCROW-PLAN 90-044-44-00-0011 37.57 04 COMMISSION MEETING MINUTES ** COMMENT ** INVOICE TOTAL: 41.75 * 071613 07/31/13 01 ADMIN-PW COMMITTEE MEETING 01-110-54-00-5462 52.00 02 MINUTES ** COMMENT ** INVOICE TOTAL: 52.00 * CHECK TOTAL: 212.00 TOTAL AMOUNT PAID: 883,218.68 43 DATE: 07/22/13 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 07:42:46 MANUAL CHECK REGISTER ID: AP225000.CBL CHECK # VENDOR # INVOICE ITEM CHECK INVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT 131012 KCR KENDALL COUNTY RECORDER'S 07/19/13 165460 07/19/13 01 ADMIN-PARTIAL RELEASE OF LIEN 01-110-54-00-5448 49.00 02 WATER OP-RELEASE WATER LIENS 51-510-54-00-5448 98.00 INVOICE TOTAL: 147.00 CHECK TOTAL: 147.00 TOTAL AMOUNT PAID: 147.00 44 DATE: 07/22/13 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 11:56:43 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 07/22/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515816 R0001214 BRIAN & DIANE KRUPICKA 20130040-BUILD 07/18/13 01 VEHICLE & EQUIPMENT-1102 CARLY 25-000-24-21-2445 680.00 02 BUILD PROGRAM ** COMMENT ** 03 WATER OP-1102 CARLY BUILD 51-000-24-00-2445 5,320.00 04 PROGRAM ** COMMENT ** 05 SEWER OP-11022 CARLY BUILD 52-000-24-00-2445 4,000.00 06 PROGRAM ** COMMENT ** INVOICE TOTAL: 10,000.00 CHECK TOTAL: 10,000.00 515817 R0001215 MICHAEL DUBAJIC 20130172-BUILD 07/19/13 01 CW CAPITAL-1476 WOODSAGE AVE 23-000-24-00-2445 3,230.00 02 BUILD PROGRAM ** COMMENT ** 03 WATER OP-1476 WOODSAGE AVE 51-000-24-00-2445 6,370.00 04 BUILD PROGRAM ** COMMENT ** 05 SEWER OP-1476 WOODSAGE AVE 52-000-24-00-2445 400.00 06 BUILS PROGRAM ** COMMENT ** INVOICE TOTAL: 10,000.00 CHECK TOTAL: 10,000.00 TOTAL AMOUNT PAID: 20,000.00 45 DATE: 07/30/13 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 09:30:37 MANUAL CHECK REGISTER ID: AP225000.CBL CHECK # VENDOR # INVOICE ITEM CHECK INVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT 131013 KCR KENDALL COUNTY RECORDER'S 07/26/13 165702 07/26/13 01 WATER OP-RELEASE WATER LIEN 51-510-54-00-5448 49.00 INVOICE TOTAL: 49.00 CHECK TOTAL: 49.00 TOTAL AMOUNT PAID: 49.00 46 DATE: 07/30/13 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 15:27:40 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 07/30/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515818 OLD2 OLD SECOND NATIONAL BANK BOX21002122-2013 07/30/13 01 ADMIN-SAFE DEPOSIT BOX 01-110-54-00-5485 50.00 INVOICE TOTAL: 50.00 CHECK TOTAL: 50.00 TOTAL AMOUNT PAID: 50.00 47 UNITED CITY OF YORKVILLE PAYROLL SUMMARY August 2, 2013 REGULAR OVERTIME TOTAL IMRF FICA TOTALS ADMINISTRATION $ 14,846.68 $ - $ 14,846.68 $ 1,593.05 $ 1,063.20 $ 17,502.93 FINANCE 7,194.34 - 7,194.34 804.14 550.13 8,548.61 POLICE 78,673.99 1,984.12 80,658.11 481.95 5,922.77 87,062.83 COMMUNITY DEV. 8,064.87 - 8,064.87 795.40 585.74 9,446.01 STREETS 11,384.56 - 11,384.56 1,221.57 837.70 13,443.83 WATER 11,989.25 70.47 12,059.72 1,294.01 875.58 14,229.31 SEWER 5,216.83 - 5,216.83 559.77 392.15 6,168.75 PARKS 17,723.66 - 17,723.66 1,767.19 1,319.94 20,810.79 RECREATION 11,839.51 - 11,839.51 1,238.34 873.48 13,951.33 LIBRARY 16,029.27 - 16,029.27 1,003.61 1,195.61 18,228.49 TOTALS $ 182,962.96 $ 2,054.59 $ 185,017.55 $ 10,759.03 $ 13,616.30 $ 209,392.88 TOTAL PAYROLL $ 209,392.88 48 UNITED CITY OF YORKVILLE CITY COUNCIL BILL LIST SUMMARY Tuesday, August 13, 2013 PA YROL L DATE BI-WEEKLY 8/2/2013 $209,392.88 TO TA L PA YROL L $209,392.88 A CCOUN TS PA YA BL E CLERK'S MANUAL CHECK -#131012- KENDALL COUNTY RECORDER 7/19/2013 $147.00 MANUAL CHECK -#515816-KRUPICKA BUILD CHECK 7/22/2013 $10,000.00 MANUAL CHECK -#515817-DUBAJIC BUILD CHECK 7/22/2013 $10,000.00 CLERK'S MANUAL CHECK -#131013- KENDALL COUNTY RECORDER 7/26/2013 $49.00 MANUAL CHECK -#515818-02 BANK- SAFE DEPOSIT BOX 7/30/2013 $50.00 BILLS LIST 8/13/2013 $883,218.68 TOTAL BILLS PAID $903,464.68 TOTAL DISBURSEMENTS $ 1 ,1 12 ,857.56 * ACH Payments # Wire Payments 49 Reviewed By: Agenda Item Number 606 Legal 0 EDC #1 Finance ❑ EST. -� __ti 1838 Engineer ❑ -- City Administrator ■ Tracking Number Human Resources ❑ `=Q Community Development EDC 2013-28 Police ALE � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Fourth Amendment to Downtown Redevelopment Agreement (Imperial Investments, LLC) Meeting and Date: City Council —August 13, 2013 Synopsis: See attached memo. The EDC unanimously recommends approval. Council Action Previously Taken: Date of Action: CC 6/11/13 Action Taken: Approval of 3rd amendment to agreement. Item Number: EDC 2013-23 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator CC: Date: July 30, 2013 Subject: Imperial Investments TIF agreement fourth amendment LJILL E�% Summary Consideration of a fourth amendment to the Imperial Investments TIF agreement for the funding of the utility underground construction project. Background This item was last discussed at the June Economic Development Committee meeting. At that meeting, the committee reviewed a third amended TIF agreement that contemplated utility undergrounding,pump-house fagade improvements, and a partial tear-down of the pump-house. The committee members had some concern with the large upfront payment for the undergrounding project, and requested the construction of and payment for the underground utilities be isolated in its own agreement with further language indicating that the upfront payment would only be made by the City if TIF funds are available. This fourth agreement isolates the underground utility construction project, and contains language in Section 4A1 that states if no funds are available in the downtown TIF fund, that the payment will be made at a later date when TIF funds are available. Of note, the discussion at the June EDC meeting was that the upfront payment should not be guaranteed; the annual payments thereafter are currently drafted as guaranteed, due to their minor nature. The City and Imperial Investments expect that the final cost to underground all of the aboveground utilities in the area will cost between $200,000 and $260,000. However, this number is our own estimate. ComEd owns the poles that the electric, telephone, and cable wires are installed upon, and they can not give us a better cost estimate until our concept plan design is finished by ComEd. Imperial Investments authorized this concept plan and they are waiting to hear back from ComEd on a study schedule. The funding for the concept plan is addressed in the third amended TIF agreement with Imperial Investments. Around 80% of the cost to underground the aboveground utilities is for"public" infrastructure or private infrastructure not applicable to Imperial Investments properties. The public infrastructure would be the poles, feeder electric lines, and other electric, cable and telephone equipment used to bring the services into the immediate area. The private infrastructure would be the individual service lines into each property. Thus, only 20% of the total aboveground infrastructure cost is applicable to undergrounding the private electric lines for Imperial Investments' properties. Accordingly, we have proposed the following: 1) Once the due diligence study is completed, the City and Imperial Investments will review the study results, and decide whether to proceed forward with the undergrounding. Either party can decline to proceed with the undergrounding. 2) If both parties agree to proceed forward with the undergrounding of the construction, Imperial Investments will coordinate and complete the project with whatever payment system ComEd requires. Imperial Investments will send the City an invoice for 50% of the undergrounding cost, up to a maximum of$130,000. If TIF funds are not available to make this payment, the City will defer payment until TIF funds are available. a. If the total project is $200,000, the City cuts a check to Imperial Investments for $100,000. b. If the total project is $500,000, the City cuts a check to Imperial Investments for $130,000. 3) After the undergrounding is complete, the City will pay the increment from whatever amount is paid to Imperial Investments in#3 up to 80% of the total undergrounding project cost over a 10 year period. The City will make these payments whether TIF funds are available or not. a. In Scenario 3a above, Imperial Investments will send the City an invoice for the increment of$60,000, and the City pays that$60,000 off over 10 years at $6,000 per year. 80%x $200,000 = $160,000 $160,000 - $100,000= $60,000 b. In Scenario 3B above, Imperial Investments will send the City an invoice for the increment of$270,000 and the City pays that $270,000 off over 10 years at $27,000 per year. 80%x $500,000= $400,000 $400,000 - $130,000= $270,000 4) The remaining 20% of the entire undergrounding project paid for by Imperial Investments is considered a TIF eligible and Business District Eligible Cost, available for reimbursement pursuant to those agreements. Recommendation Staff recommends approval of the fourth amended TIF agreement with Imperial Investments. UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO.2013- AN ORDINANCE APPROVING A FOURTH AMENDMENT TO THE REDEVELOPMENT AGREEMENT FOR THE DOWNTOWN YORKVILLE REDEVELOPMENT PROJECT AREA (Imperial Investments, LLC) Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This day of August,2013 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on 12013. Ordinance No. 2013- AN ORDINANCE APPROVING THE FOURTH AMENDMENT TO THE REDEVELOPMENT AGREEMENT FOR THE DOWNTOWN YORKVILLE REDEVELOPMENT PROJECT AREA (Imperial Investments, LLQ WHEREAS,pursuant to the Tax Increment Allocation Redevelopment Act of the State of Illinois, 65 ILCS 5/11-74.4-1, et seq., as from time to time amended (the "TIF Act"), the Mayor and City Council of the United City of Yorkville (collectively, the "Corporate Authorities") entered into an Redevelopment Agreement for the Downtown Yorkville Project Area (the "Original Agreement") with Imperial Investments, LLC (the "Developer") in order to induce the development and redevelopment of certain properties within the Yorkville Downtown Redevelopment Project Area; and, WHEREAS, on January 8, 2013, the Original Agreement was amended by a First Amendment to add additional projects and provide additional incentives; and, WHEREAS, on April 9, 2013 the Amended Agreement was further amended by a Second Amendment to include the Developer's proposal to redevelop, rehabilitate and renovate the Bank Property and the Parking Lot and the City agreed to commit additional incentives; and, WHEREAS, on July 18, 2013, the Amended Agreement was again amended to further enhance the Yorkville Downtown Redevelopment Project Area by undertaking the partial demolition of a utility station owned by the City and replacing the fagade on the portion remaining and constructing a pedestrian walkway; and, WHEREAS, in order to assist with the Additional Projects, the Corporate Authorities by Ordinance No. 2013-01 designated a portion of the commercial area of the Yorkville Downtown Redevelopment Project Area as a "Business District" in accordance Ordinance No.2013- Page 2 with the Business District Development and Redevelopment Law (65 ILCS 5/11-74.3 et seq.) (the "Business District Act") and imposed a one percent (1%) retailers' occupation tax and a service occupation tax as permitted by the Business District Act (the "BD Taxes") in order to pay redevelopment project costs; and, WHEREAS, once again the Developer has submitted a proposal to the City to undertake additional improvements Downtown Yorkville Redevelopment Project Area to remove the unsightly cable, electrical and telephone lines now located between the west alley at the corner of West Van Emmon Street and 101 West Van Emmon, as depicted on Exhibit A attached hereto and locating these lines underground (the "Utility Line Relocation Project"); and, WHEREAS, once again the Developer has submitted a proposal to the City to undertake additional improvements Downtown Yorkville Redevelopment Project Area the unsightly cable, electrical and telephone lines now located between the west alley at the corner of West Van Emmon Street and 101 West Van Emmon, and to relocate these lines underground; and, WHEREAS, the City desires the Developer to continue to undertake improvements to the Downtown Yorkville Redevelopment Project Area including the relocation of unsightly cable, electric and telephone lines, in accordance with the terms and conditions as set forth in the Fourth Amendment to the Original Agreement in the form attached hereto and made a part hereof. Ordinance No.2013- Page 3 NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated and made a part of this Ordinance as though fully set forth in this section. Section 2. That the FOURTH AMENDMENT TO THE REDEVELOPMENT AGREEMENT FOR THE DOWNTOWN YORKVILLE REDEVELOPMENT PROJECT AREA (Imperial Investments, LLQ, attached hereto as Exhibit A and made a part hereof by reference, is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute said agreement on behalf of the United City of Yorkville. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of 92013. CITY CLERK ROSE ANN SPEARS DIANE TEELING KEN KOCH JACKIE MILSCHEWSKI CARLO COLOSIMO JOEL FRIEDERS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2013. MAYOR Ordinance No.2013- Page 4 FOURTH AMENDMENT TO THE REDEVELOPMENT AGREEMENT FOR THE DOWNTOWN YORKVILLE REDEVELOPMENT PROJECT AREA (Imperial Investments, LLC) THIS FOURTH AMENDMENT (the "Fourth Amendment") to the Redevelopment Agreement for the Downtown Yorkville Project Area dated April 23, 2012, as amended January 8, 2013, April 9, 2013 and July 18, 2013, by and between the United City of Yorkville, Kendall County, Illinois, a municipal corporation (hereafter the "City") and Imperial Investments, LLC, an Illinois limited liability company (hereafter the "Developer"), is dated this day of 2013. WITNESSETH: WHEREAS, by Ordinance No. 2006-46 adopted by the Mayor and City Council of the City (the "Corporate Authorities"), the Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan (hereinafter the "Redevelopment Plan") was approved, which project and plan covered some of the oldest properties of the City constituting a significant portion of the City's historic Downtown; and, WHEREAS, by Ordinance No. 2006-47 and No. 2006-48 adopted by the Corporate Authorities on June 13, 2006, the City designated approximately 200 acres containing 114 buildings as a "redevelopment project area" (the "Yorkville Downtown Redevelopment Project Area") and adopted tax increment financing pursuant to the Tax Increment Allocation Redevelopment Act (65 ILCS 5/11-74.4-1 et seq.) (hereinafter referred to as the"Act"); and, WHEREAS, as authorized by the TIF Act, on April 23, 2013, pursuant to Ordinance No. 2012-06, the Corporate Authorities entered into the Redevelopment Agreement for the Downtown Yorkville Project Area (the "Original Agreement") with the Developer in order to 1 induce the development and redevelopment of certain properties within the Yorkville Downtown Redevelopment Project Area; and, WHEREAS, pursuant to the Original Agreement, the City agreed to reimburse the Developer for Redevelopment Project Costs as specifically identified therein for the following four(4) Projects: 1. Cobblestone Bakery, Project No. 1; 2. Follies Theater, Project No. 2; 3. Follies Box Office, Project No. 3; and, 4. Van Emmon Apartments, Project No. 4; and, WHEREAS, on January 8, 2013, the Original Agreement was amended to add the following additional redevelopment projects (the "Additional Projects") and provide additional incentives as set forth in the First Amendment to the Original Agreement: 1. 209 South Bridge Street; 2. The parking lot immediately to the north of 209 Bridge Street; 3. 213 South Bridge Street; and, 4. An expansion of the Cobblestone Bakery Project No. 1; and, WHEREAS, on April 9, 2013, the Original Agreement was again amended to include new redevelopment projects at 102 E. Van Emmon Street (the "Bank Property") and a parking lot located at the northeast corner of West Van Emmon Street and the west alley (the "Parking Lot'); and on July 18, 2013, was again amended to further enhance the Yorkville Downtown Redevelopment Project Area by undertaking the demolition of a portion of a utility station 2 owned by the City and replacing the fagade on the portion remaining and creating a pedestrian walkway; and, WHEREAS, once again the Developer has submitted a proposal to the City to undertake additional improvements Downtown Yorkville Redevelopment Project Area to remove the unsightly cable, electrical and telephone lines now located between the west alley at the corner of West Van Emmon Street and 101 West Van Emmon, as depicted on Exhibit A attached hereto and locating these lines underground(the "Utility Line Relocation Project"); and, WHEREAS, in order to induce the Developer to continue with The Projects approved in the Original Agreement, the Additional Projects, the Third Redevelopment Phase, the Fourth Redevelopment Phase, and the Utility Line Restoration Project (collectively, "The Projects"), the City designated a portion of the commercial area of the Yorkville Downtown Redevelopment Project Area as a "Business District" in accordance with the Business District Development and Redevelopment Act (65 ILCS 5/11-74.3 et seq.) (the "Business District Act"), on January 8, 2013; and, WHEREAS, pursuant to the Business District Act, once a business district is designated, the Corporate Authorities may impose a retailers' occupation tax, service occupation tax, and a hotel operators' occupation tax in an amount not to exceed one percent (1%) to pay costs to be incurred in connection with the planning, execution and implementation of the goals and objectives as set forth in the business district plan, and the Corporate Authorities have, in fact, imposed a retailers' occupation tax and a service occupation tax of one percent (1%) in the business district; and, 3 WHEREAS, the City desires the Developer to proceed with The Projects as stated in the Original Agreement, the Additional Projects, the Third Redevelopment Phase and the Fourth Redevelopment Phase and the Utility Line Relocation Project and is, therefore, willing to commit additional incentives available pursuant to the Act and the Business District Act in order to induce the Developer to proceed, all as hereinafter set forth. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants hereinafter set forth,the parties agree as follows: Section 1. Incorporation. The representations and recitations set forth in the preambles hereto are material to this Fourth Amendment and are hereby incorporated into and made a part of this Fourth Amendment as though fully set forth in this Section I and said representations and recitations constitute the understandings of the City and the Developer. Section 2. The Imperial Investment Utility Line Relocation Project Feasibility Study. A. The Developer has undertaken a study to determine if it is financially feasible as well as practical, to relocate the unsightly electrical, cable and telephone lines located between the west alley at the northeast corner of W. Van Emmon Street and 101 W. Van Emmon, as depicted on Exhibit A hereto to an underground location (the "Feasibility Study"). The Developer has submitted said Feasibility Study to the City and is consulting with the City on the economic viability of proceeding with the Utility Line Relocation Project. B. The Developer has advanced all necessary funds required to complete the Feasibility Study, the cost of which is a Redevelopment Project Cost which shall be reimbursable as provided in Section 4 below. 4 Section 3. Developer's Obligations as a Condition Precedent to the City's Commitment. A. In the event the Utility Line Relocation Project is determined to be feasible by both the City and the Developer after joint review, discussion and consultation, the Developer agrees to undertake the Utility Line Relocation Project on or before December 31, 2015, in a good and workmanlike manner and in accordance with all permits and approvals. B. The Developer shall not be eligible for reimbursement for any of the costs incurred in connection with the Utility Line Relocation Project unless and until said project is completed in accordance with all permits and approvals. Section 4. Obligations and Commitments of the City. A. So long as no notice pursuant to Section 20 of the Original Agreement has been issued and remains outstanding, the City shall reimburse the Developer for "Redevelopment Project Costs" as follows: 1. Upon completion of the Utility Line Relocation Project by the Developer and approval thereof by the City Engineer, the Developer shall submit to the City a Request for Reimbursement, as provided in the Original Agreement. The City shall reimburse the Developer in an amount equal to the lesser of(i) fifty percent (50%) of the cost of the Utility Line Relocation Project; or, (ii) $130,000. Said amount shall be immediately due and payable to the Developer upon acceptance by the City of said Utility Line Relocation Project. If sufficient funds are not available in the STAF, reimbursement shall be made to the Developer from future deposits into the STAF. 2. It is the intent of the City to ultimately reimburse the Developer for eighty percent (80%) of the total cost of the Utility Line Relocation Project. The City agrees to 5 reimburse the Developer the difference between the total cost of the Utility Line Relocation and the amount paid to the Developer pursuant to 2 above (the "Additional Reimbursement"), said Additional Reimbursement to be payable in ten (10) equal annual installments from that portion of the STAF (as defined in the Original Agreement) not otherwise obligated to the Developer from Incremental Taxes generated from all properties owned by the Developer. Section S. Undertakings on the Part of Developer. The Developer hereby covenants and agrees to promptly pay, as the same become due, any and all taxes and governmental charges of any kind that may at any time be assessed with regard to any of its business operations in the City including all real estate taxes assessed against the Imperial Investment Projects, the Additional Projects, the Third Redevelopment Phase, the Fourth Redevelopment Phase or any other location owned or controlled by the Developer. Section 6. Term. Section 7 of the Original Agreement is understood to have been amended to state that unless earlier terminated pursuant to Section 20 of the Original Agreement, the term of this Redevelopment Agreement shall commence on the date of execution and end December 31, 2029, regarding the City's obligation to deposit Incremental Taxes into the Imperial Sub-Account and December 31, 2036, with regard to the City's obligation to deposit BD Taxes, into the Imperial Investment Sub-Account. Section 7. All other provisions of the Original Agreement; as amended January 8, 2013, April 9, 2013 and July 18, 2013, by this Fourth Amendment one hereby affirmed as in full force and effect. 6 Section 8. Counterparts. This Fourth Amendment Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 7 IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to the Redevelopment Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois municipal corporation By: Mayor Attest: City Clerk IMPERIAL INVESTMENTS, LLC, an Illinois liability company By: President Attest: Secretary 8 ExhibitA 9 PROPOSED COMED DIAGRAM TO REMOVE UTILITY POLES AND REINSTALL COMED,ATT and COMCAST LINES BELOW GROUND � y 3 r 4 'Y 11 _ _ b_ KEY • 1 thru 6 represents existing Utility Poles and lines to be removed. 0 Dark Blue Dashed Line Represents new subsurface utility lines to be run from North side of West Alley and Hydraulic to South sided of West Alley and Van Emmon. Reviewed By: Agenda Item Number 606 Legal 0 PS #1 Finance ❑ EST. -� __ti 1838 Engineer ❑ -- City Administrator ❑ Tracking Number Human Resources ❑ `=Q Community Development : PS 2013-08 Police ALE � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Ordinance Adopting License Regulations for Pawn Brokers and Resale Dealers Meeting and Date: City Council —August 13, 2013 Synopsis: Council Action Previously Taken: Date of Action: CC 5/16/13 Action Taken: First Reading Item Number: PS 2013-08 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2013- AN ORDINANCE ADOPTING LICENSE REGULATIONS FOR PAWNBROKERS AND RESALE DEALERS IN THE UNITED CITY OF YORKVILLE Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This day of-Afw4,2013 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County, Illinois on ,2013. ORDINANCE NO. 2013- AN ORDINANCE ADOPTING LICENSE REGULATIONS FOR PAWNBROKERS AND RESALE DEALERS IN THE UNITED CITY OF YORKVILLE WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, section 11-42-5 of the Illinois Municipal Code (65 ILCS 5/11-42-5) provides that the corporate authorities of a municipality may license, tax, regulate or prohibit pawnbrokers; and, WHEREAS, section 11-42-3 of the Illinois Municipal Code (65 ILCS 5/11-42-3) provides that the corporate authorities of a municipality may license, tax, locate and regulate all places of business of dealers in junk, dismantled or wrecked motor vehicles or parts thereof, rags and any second-hand article whatsoever; and, WHEREAS, the regulation of pawnbroker and resale businesses through licensing and other regulations, is necessary to deter and detect crime and to otherwise protect the public health, safety, morals and welfare relating to their operation; and, WHEREAS, deterring crime, detecting crime, protecting theft victims and recovering stolen property relates to the protection of the public health, safety, morals and welfare of the City; and, WHEREAS, the City Council of the City has determined that it is necessary and desirable to adopt regulations regarding pawnbroker and resale businesses. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: That Title 3 of the Yorkville City Code, as amended, be and is hereby amended by adding Chapter 13 to read as follows: "CHAPTER 13 PAWNBROKER AND RESALE DEALERS 3-13-1: DEFINITIONS: APPROVED IDENTIFICATION: Any one of the following validly issued and unexpired forms of identification,which includes a photograph of the person: a) a United States passport, b) a state driver's license, c) a state issued identification card, d) a military identification card, or e) a United States permanent resident card. Ordinance No.2013- Page 2 AUDIO-VIDEO EQUIPMENT: Items which include any stereo, speaker, radio, video recorder, video camera, camera, television, tape or disk player, MP3 player or satellite signal device. INDIVIDUALLY IDENTIFIABLE ARTICLES: Articles that are individually identifiable by a serial number; or other applied numbers, letters, characters or markings; or other unique features that serve to distinguish it from any other similar article and can be used to establish ownership of the article. PAWNBROKER: Any person who lends money on deposit or pledge of personal property, or deals in the purchase of personal property on condition of selling the same back at a stipulated price, or who publicly displays at his or her place of business the sign generally used by pawnbrokers to denote the pawnbroker business, or who publicly displays a sign which indicates, in substance, a business on the premises which "loans money for personal property, or deposit or pledge". The business of a pawnbroker shall not include the lending of money on deposit or pledge of title to property. PERSON: A natural person,joint venture,joint stock company,partnership, association, club, company, corporation, business, trust or organization; or the manager, lessee, agent, servant, officer or employee of any of them. PRECIOUS METALS: Articles consisting primarily of the elements of gold(chemical symbol Au), silver(chemical symbol Ag),platinum(chemical symbol Pt) or palladium(chemical symbol Pd), but not including articles merely plated with these metals or articles similar in color to these metals but not actually consisting of them. RESALE DEALER: Any individual, firm, corporation or partnership engaged in the business of operating a business for profit which buys, sells,possesses on consignment for sale or trades jewelry, stamps, eeins, audio-video equipment or any precious metals which may have been previously owned by a consumer; or which derives more than thirty five percent(35%) of its gross receipts from the sale, consignment for sale, pledge or trade of any goods, wares or merchandise which have previously been owned by a consumer, including,but not limited to, furniture, appliances, clothing, automobile accessories, books or metals, whether in bulk or manufactured state. A. The term "resale dealer" shall include, but not be limited to, businesses commonly known as swapshop operators, stamp dealers, coin dealers and jewelers that purchase and resell items from persons other than dealers and suppliers and engage in disassembling, melting and otherwise altering jewelry. The term "resale dealer" shall not include pawnbrokers. B. The fact that any business does any of the following acts shall be prima facie proof that such business is a resale dealer: 1. Advertises in any fashion that it buys or sells used items. Such advertisements shall include, but not be limited to, media advertisements, websites, telephone listings, and signs whether on the exterior or interior of the business. 2. Devotes a significant segment or section of the business premises to the purchase or sale of used items. Ordinance No.2013- Page 3 USED: Any goods, wares or merchandise which have previously been owned by a consumer, including,but not limited to,jewelry, stamps, coins, audio-video equipment, or any precious metals, furniture, appliances, clothing, automobile accessories, books or metals, whether in bulk or manufactured state. 3-13-2: LICENSE REQUIRED: A. No person, either as owner, manager, lessee, officer or agent, or in any other capacity, shall operate or permit to be operated as a pawnbroker or resale dealership without first having obtained a license from the City to do so. The requisite fee shall accompany all original or renewal applications. Each license shall commence on January 1 and shall terminate on December 31 next following the date of issuance. Failure or neglect to pay the requisite license fee in a timely manner shall be cause for denial of issuance or nonrenewal or revocation as the case may be. B. It shall also not be lawful for an individual or business entity to conduct business in the City using the word "pawn", "pawnshop" or "pawnbroker" in connection with a business or to transact business in the City in a manner which has a substantial likelihood of misleading the public by implying that the business is a pawnshop, without first obtaining a license from the City as provided in this chapter. 3-13-3: RESALE DEALER EXEMPTIONS: The following activities shall be exempt from the requirements of this chapter for resale dealers: A. Residential garage sales. B. Sales conducted by governmental, civic,patriotic, fraternal, educational, religious or benevolent organizations which have been in active and continuous existence for at least one year prior to the holding of the sale, or which are exempt from taxation under section 501 of the internal revenue code. C. Sales or purchases which are regulated by the licensing laws of the state, including automobile dealers,used parts dealers and automotive parts recyclers. D. Consumer shows or exhibitions of collectibles. E. Sales by auctioneers. F. Sales by pawnbrokers holding a license pursuant to this Chapter. G. Sales of recyclable metal by a recyclable metal dealer. H. Sales of recyclable materials by a scavenger. I. Sales or trades of used books between a customer and owner of a used bookstore. 3-13-4: NUMBER OF PAWN BROKE LICENSES TO BE ISSUED: The number of pawnbroker licenses shall not exceed two (2) in number and the number of resale shop licenses shall not exceed ten (10) in number. 3-13-5: APPLICATION: Ordinance No.2013- Page 4 An application for a license required by this chapter shall be made in writing under oath to the City Clerk on a form prescribed by the City Clerk. All references to the City Clerk in this Chapter shall be deemed to include the City Clerk or his or her authorized designee. Each application shall include,but not be limited to, the following information: A. The name of the individual,partnership, corporation or association applying for a license. B. The residence,phone number, date of birth and driver's license number of the applicant or partners; or, if a corporation or association, the residence,phone number and driver's license number of the officers and all shareholders owning more than five percent(5%) of the outstanding shares of stock. C. The location for which the license is requested. D. Whether the applicant, its partners, officers or listed shareholders have been convicted of any criminal offense or ordinance violation (other than traffic or parking offenses) in any jurisdiction and, if so, a list of such convictions with date and prosecuting jurisdiction. E. Such information as required by the chief of police in order to conduct a criminal history background investigation on the applicant, its partners, officers or listed shareholders owning more than five percent(5%) of the outstanding shares of stock. F. Whether the applicant, its partners, officers or listed shareholders have held a license or had an interest in a license issued by the City or any other jurisdiction regulating the purchase or sale of used property revoked for cause, and, if so, list the date of revocation and jurisdiction. G. A statement whether the applicant has made application for a similar or other license on premises other than described in the application, and the disposition of such application. 3-13-6: FEES: The applicant for a pawnbroker or resale dealer license required by this chapter shall pay the City Clerk at the time of filing an application a license fee of two hundred dollars ($200.00) per calendar year or part thereof. Should the license be denied, the license fee shall be refunded to the applicant. 3-13-7: INVESTIGATION OF APPLICANT: Upon receipt of an application for a license under this chapter, the City Clerk shall cause a copy thereof to be sent to the chief of police and the community development director both of whom shall report back to the City Clerk in thirty (30) days whether the applicant is in accordance with applicable City codes. The investigation by the chief of police shall include, but not be limited to, conducting a criminal history background investigation on the applicant, its partners, officers or listed shareholders owning more than five percent(5%) of the outstanding shares of stock. 3-13-8: BOND PREREQUISITE TO ISSUANCE: Every applicant for a license under this chapter shall file with the City a license and permit bond in the penal sum of one thousand dollars ($1,000.00), approved by the City attorney, with the City as obligee, conditioned for the faithful and due performance of the provisions of this chapter Ordinance No.2013- Page 5 and the laws of the State concerning the operation of the licensed business, and the payment of all fines and penalties by reason of the violation thereof. 3-13-9: ISSUANCE: Upon receipt of the report from the chief of police and community development director, the City Clerk shall issue the license requested under this chapter unless it is determined that: A. The applicant is under the age of eighteen(18). B. The location requested is not in a permanent structure. C. The applicant plans to operate as an itinerant merchant as that term is defined in Section 3-7-1 of this title. D. The applicant, its partners, officers or listed shareholders have been convicted of or had plead guilty to any offense related to theft, burglary, or purchasing or receiving stolen items under the laws of this State, City or any other jurisdiction within the past ten(10)years, or have forfeited a bond to appear in court to answer for charges for such offenses during such time. E. The location requested and structure to be used would not comply with all applicable laws including, but not limited to, the Yorkville Zoning Ordinance. F. The applicant, its partners, officers or listed shareholders have held a license or had an interest in a license issued by the City or any other jurisdiction regulating the purchase or sale of used property which was revoked for cause. G. The applicant, its partners, officers or listed shareholders has knowingly furnished false or misleading information or withheld relevant information on any application for a license required by this chapter or any investigation into any application. H. The application has not been properly completed and/or the licensing fee required in this chapter has not been paid. I. An investigation reveals that the applicant has falsified information on the application. J. There is an outstanding code violation on the proposed premises, unless the applicant can provide satisfactory evidence that the condition will be corrected within a reasonable time, and the conduct of the business pending the correction of such condition will not endanger the public health, safety or welfare. K. Failure to comply with other provisions of this chapter or applicable requirements of law. L. There is no pawnbf!oker-is license currently available. 3-13-10: POSTING: Every license issued under the provisions of this chapter shall, at all times during the period for which it is effective,be posted in a conspicuous place at or near the principal entrance to the premises for which the license is issued. 3-13-11: TRANSFER: A. No license issued under this chapter may be transferred to any other person. B. No corporate resale dealef licensee shall permit any transfer of its stock which would vest in aggregate more than five percent(5%) of the stock outstanding in such corporation in any shareholder unless such shareholder has been certified by the City Clerk as meeting the requirements of this chapter. Ordinance No.2013- Page 6 3-13-12: CHANGE OF LOCATION: No pawnbroker or resale dealer shall carry on any business required to be licensed under this chapter except at the location designated on the license. Should the resale dealer wish to change the location, application shall be made to the City Clerk for such change in writing. The City Clerk shall approve the change of location unless the new location would be contrary to the provisions of this chapter, the ordinances of the City or any other applicable requirements of law. 3-13-13: HOURS OF OPERATION: No pawnbroker/resale dealer shall purchase, accept or take or receive in pawn any goods, wares, articles or things whatsoever or resale dealer shall purchase any goods, wares, articles or things whatsoever, from any person before the hour of six o'clock (6:00) A.M. or after the hour of nine o'clock(9:00)P.M. 3-13-14: PROHIBITED PURCHASES: No pawnbroker/resale dealer under this chapter shall purchase, accept or take or receive in pawn any goods, wares, articles, or things or resale dealer under this chapter shall purchase or accept any goods, wares, articles, or things, under any of the following circumstances: A. Where the seller is less than the age of eighteen(18). B. Where the seller is intoxicated. C. Where the seller fails to present at least one form of approved identification that contains the seller's full legal name, residence address and a photograph, as required in this chapter. D. Where the article to be purchased had an original manufacturer's serial number at the time it was new, but no longer legibly exhibits such number. E. Where the seller is known to be a thief or has been convicted of theft, burglary, robbery or possession of stolen property. A law enforcement officer may provide such criminal conviction information to a pawnbroker. When any person is found to be the owner of stolen property which has been pawned, such property shall be returned to the owner thereof without the payment of the money advanced by the pawnbroker thereon or any costs or charges of any kind which the pawnbroker may have placed upon the same. 3-13-15: PURCHASING, SELLING WEAPONS PROHIBITED: No pawnbroker or resale dealer shall deal in, or buy or sell, or display in his shop, any pistol, revolver, derringer, bowie knife, dirk or other deadly weapon of like character, capable of being secreted upon the person unless the licensee also possess a valid and current license for such deadly weapon as provided by state and federal law. 3-13-16: PAWNBROKER SALES AND REDEMPTIONS REGULATED: A. It shall be unlawful for any pawnbroker to charge or collect a greater benefit or percentage upon money advanced, and for the use and forbearance thereof, than the rate of three percent (3%)per month. Nothing in this section shall be construed so as to conflict with the law Ordinance No.2013- Page 7 pertaining to usury, and the person receiving money so advanced may hold such monies to pay any fees in addition to interest as herein provided. B. Each pawnbroker, when making a loan, must disclose, in printed form on the pawn contract, the following information to the persons receiving the loan: 1. The amount of money advanced, which must be designated as the amount financed; 2. The maturity date of the pawn, which must be at least thirty(30) days after the date of the pawn; 3. The total pawn interest and the total service charge payable on the maturity date, and the total of both which must be designated as the finance charge; 4. The total of payments that must be paid to redeem the pledged goods on the maturity date, which must be designated as the total of payments; and 5. The annual percentage rate, computed according to the regulations adopted by the board of governors of the Federal Reserve System under the federal truth in lending act. C. Each pawnbroker may contract for and receive a monthly finance charge, including interest and fees, not to exceed one-fifth(115) of the loan amount, as set forth herein, for appraising, investigating title, storing and insuring the collateral, closing the loan, making daily reports to local law enforcement officers including enhanced computerized reporting, complying with regulatory requirements and for other expenses and losses of every nature whatsoever and for all other services. Such fees, when made and collected, shall not be deemed interest for any purpose of law. D. If the pawner or a pledger fails to repay the loan during the period specified on the pawn ticket, the pawnbroker shall automatically extend a grace period of thirty (30) days from the default date on the loan during which the pawnbroker shall not dispose of or sell the personal property pledged. The parties may agree to extend or renew a loan upon terms agreed upon by the parties, provided the terms comply with the requirements of this chapter. E. Every pawnbroker shall, at the time of each advancement or each loan, deliver to the person pawning or pledging any goods, articles or things, a memorandum or note, signed by him or her, containing an identifying pledge number and the substance of the entry required to be made in the pawnbroker's record book required by this chapter, and no charge shall be made or received by any pawnbroker, loan broker or keeper of a loan office for any such entry, memorandum or note. F. Every pawnbroker shall for each article pledged attach thereto a tag with the pledge number, the time when said pledge was obtained and the amount of said pledge. G. It shall be unlawful for any person to sell or pledge any property to a pawnbroker that is not owned by the person selling or pledging such property. 3-13-17: RECORDS OF PURCHASES: Throughout the term of the license, every pawnbroker and resale dealer shall report/upload to LeadsOnline, or the City's current electronic reporting system, the below listed information for each and every transaction conducted during each day they were open for business by the end of that business day. All information shall be recorded in the English language. A transaction shall consist of all articles brought in to a pawnbroker or resale dealer for sale, barter, or trade, by an individual (pawner/seller) at the same time and date, and Ordinance No.2013- Page 8 includes the sale of non-junk/scrap articles by a pawnbroker or resale dealer to another person. Articles brought into a pawnbroker or resale dealer by an individual (pawner/seller) for sale, barter, trade or pawn, at different times on the same date by the same person shall be considered as separate transactions, regardless of how short the difference in time is between those transactions. Separate transactions, either from the same person or different persons, shall not be combined and reported collectively. Non-junk/scrap articles purchased by a pawnbroker from another business shall not be considered to be transactions for the purposes of this section, and are exempt from the reporting requirements of this section, and are also exempt from the waiting period. A. Transactions involving individually identifiable articles. 1. Purchases/receipts by licensees. Each individually identifiable article brought in to a pawnbroker or resale dealer by an individual (pawner/seller) for sale, barter or trade during a single transaction shall be itemized separately. Licensees shall not lump such articles together, but must provide a complete and thorough description of each item to include the following: a. Type of article b. Brand name/make/manufacturer(if applicable). c. Model number(if applicable). d. Serial number(if applicable). e. Color/finish. f. Any other identifying marks, writing, engraving, etc. 2. A digital photograph(s) shall be taken of each individually identifiable article, sufficiently detailed to allow reasonable identification of the article. The digital photograph(s) shall capture any identifying numbers, marks, writing, engraving, etc., or any other distinguishing characteristics. 3. A photographic or scanned image of a photo ID card of the pawner/seller, sufficiently clear to allow the information on the ID to be read. The photo ID must be a currently valid (not expired) card issued by a government entity of the United States, and must include the seller's first and last name, current address, date of birth, and physical descriptors. If the seller is selling on behalf of a company or business, the name, address, and telephone number of such company or business shall also be recorded/reported. 4. The date and time of the transaction. 5. A signed statement of the person from whom the property was obtained that he or she is over eighteen (18) years of age and the legal owner of same clear of all attachments and with the legal right to sell. B. Transactions involving non-individually identifiable articles. 1. Non-individually identifiable articles may be recorded or reported in bulk, but must specify the weight, type and form of the bulk material. Ordinance No.2013- Page 9 2. Each different type and form of non-individually identifiable articles brought in to a pawnbroker or resale dealer by an individual for sale, barter or trade during a transaction shall be associated with the person who brought the material in. 3. A photographic or scanned image of a photo ID card of the pawner/seller, sufficiently clear to allow the information on the ID to be read. The photo ID must be a currently valid (not expired) card issued by a government entity of the United States, and must include the seller's first and last name, current address, date of birth, and physical descriptors. If the seller is selling on behalf of a company or business, the name, address, and telephone number of such company or business shall also be recorded/reported. 4. A digital photograph or, if the licensee has a video system, video segment of each individual type & form of bulk material purchased by the licensee shall be linked to the record of that transaction in LeadsOnline or the City's current electronic reporting system. 5. The date and time of the transaction. 6. A signed statement of the person from whom the property was obtained that he or she is over eighteen (18) years of age and the legal owner of same clear of all attachments and with the legal right to sell. C. Coins, bullion and paper money shall be exempt from the requirements of this Chapter. coins of the same mintage, and although paper money is s€r-i oefed, those sefial numbefs afe so seldom known by theif last possessor- that paper.- money is effeetively indistinguishable from other- paper- money of the same denomiirat16n. Ftifthefine e, tinlrrke eeirrs made of pfeeious -metals,, ppapef bill, and when stelen is usually iised dir-eetly as eash and not sold to a etiffeney dealer-. AcEo gly, e i expo, money b--ought in by an indivi a„ ,1 sale, bat4ef> to be itemized;, . ;. ;., ally, but rather-. ,b e o o-de o reported in bulk b. Coins or- paper- money bfeught in to a pawnbfeker- or- fesale dealer- by-an individual (pawner4seller-) fof sale, baf4er-, of trade dtffing a transaetion shall be assoeiated with the pefsen (pawnef/seller-) who brought the ar-tiele in. The heelisee shall feeofd4epofty t the following infefina4ion f6f eae i site�3 transaetlol� i:The , ii. A digital photagr-aphie or seanned image of a photo 1D eard of the pz'}wner sellef, s„ff;.,iend y elo.,.- to allow the i f:,,-,v,a4ion on the 1D to be read. photo t�v� ust be a e fr-entl , „may v alp T(not expif!e ) Ordinance No.2013- Page 10 eafd issued by a govefftment entity of the United States, and fi:ms iii the seller's-Trrir-ikn last name, ettffen4 address,-date-v= • iii. The ,late and tifne of•the t,-ans.,e fie,, all of the safne type, they shall be r-epei4ed by either- quant4y--of weight, and type •> Mefgan silvef dollars, , 5 bs-of wheat ienniees, @t"c.). if eeins are ffem a eellecti6r' desefiption of the theme of the eelleetien > , state-qi ters,ete.) aleng with the fmmber- of eeins shall e with no over-all theme,-cog......e deser-iption of the type-c`an quantity of eeins shall be pfavided (e.g., appfexima4ely 200 U.S. eeins-of fniseellaneetts dates & den vmiirut* , t 1 nn foreign eeins from var-ious eau*tfies, ete.). Papef money shall be fepet4ed by quan4ity pe (e.g., }� (0 h > 7G T .c Q,:z o; r eeFti cicc, v. A signed statement of the per-son f;•.,,,-, .<,1,.,,ti, the p pe ft .. ob.t tha4 he E)r- she is evef eighteen (19) years of age and the legal. owner- of same eleaf of all a4tael*nents and with the legal right to $eIk " i°togr-aph of eoins of paper Paoney convey no er-e infafma than b bt a from tt rl P rrrTequa d cam-Parag� rrrc'� 8icir-v�vvcE�illccrrrvz=rrtl�e=vvi-i'cceH-czcsC-�1 do 2—. D. In the event the electronic reporting system malfunctions or is otherwise not operational, the licensee shall, at all times during such malfunction or non-operation, be required to keep written records of any and all transactions made during the period of malfunction or non- operation, to include all information required by this section. These written records shall be reported/uploaded to LeadsOnline, or the City's current electronic reporting system, as soon as practicable after the electronic reporting system is functional. No such written records shall be erased, mutilated or changed. Written records shall be open and available for review upon request by any police officer during regular business hours. 3-13-18: REPORTS TO CHIEF OF POLICE: A. The Police Department shall enter into a contract for service and maintain its contract for service with LeadsOnline, or a similar entity as designated by the chief of police, in order to enhance its investigative services to protect pawnbrokers and resale dealers and members of the general public. In the event of a change to its electronic reporting system, the City will notify all impacted licensees of the change within a reasonable time prior to such change. Ordinance No.2013- Page 11 B. Every pawnbroker and resale dealer shall operate and maintain a computer system with internet access and photographic or video capability sufficient for the electronic reporting requirements described in this chapter. Any failure or malfunction of such equipment on the part of the licensee shall not exempt the licensee from the recording/reporting requirements outlined in this chapter. The licensee shall immediately notify the police department of any such failure or malfunction, and shall have such resolved as soon as practicable. Failure by the licensee to resolve any failure or malfunction of equipment in a reasonable amount of time will lead to license revocation proceedings. C. No pawnbroker or resale dealer shall be required to furnish such description of any new property purchased by the pawnbroker or resale dealer from manufacturers, other retailers or wholesale dealers having an established place of business, or of any goods purchased at open sale, or from a bankrupt stock. Such goods must be accompanied by a bill of sale or other evidence of open and legitimate purchase and shall at all times during the pawnbroker or resale dealer's business hours be open to the inspection of members of the City's police department. 3-13-19: INSPECTION OF PREMISES: Every pawnbroker or resale dealer under this chapter and every person employed by him in the conduct of business shall admit to any and every part of the premises designated in the license, during the resale dealer's business hours, any police officer of the City to examine compliance with the City's electronic reporting system required in Section 3-13-17. goods -.t-i-l—, things or-books or-other-reeerds on the premises dealing with ptir-ehase or- sale of used pr-opei4 3-13-20: WAITING PERIOD: A. No pawnbroker or resale dealer shall expose for sale, sell, trade, barter, melt, crush/compact, destroy, or otherwise dispose of, any individually identifiable article within seven (10) (7) days of the time of purchasing or receiving the same. B. No pawnbroker or resale dealer shall expose for sale, sell, trade, barter, melt, crush/compact, destroy, or otherwise dispose of any non-individually identifiable jewelry or other non-individually identifiable articles within twenty. -f�(24)*hree(3 day- hours of the time of purchasing or receiving the same. 3-13-21: REMOVAL OF IDENTIFYING MARKS PROHIBITED: No pawnbroker or resale dealer shall remove, alter or obliterate any manufacturer's make, model or serial number,personal identification number, or identifying marks engraved or etched upon an item of personal property that was purchased or received by the pawnbroker or resale dealer. 3-13-22: VIDEO CAMERA SURVEILLANCE REQUIRED: Ordinance No.2013- Page 12 Each pawnbroker and resale dealer shall be required to install, operate and maintain a video camera surveillance system capable of recording clear and unobstructed photographic representations of the pawnbroker or resale dealer's customers and shall retain the videotape recordings produced therefrom for at least thirty(30) days. Said videetape feeefding shall be 3-13-23: INVENTORY SYSTEM: Every pawnbroker and resale dealer shall maintain an inventory system of all property purchased or received in such a manner that members of the City's police department making an inspection pursuant to this chapter can readily ascertain the identity of such property and readily locate such property on the licensed premises. 3-13-24: SUSPENSION OR REVOCATION: In addition to any other penalty which may be authorized by this chapter or other City ordinances, a license may be suspended or revoked for: A. Failure of the pawnbroker or resale dealer licensee, its officers, agents or employees to comply with any provision of this chapter, any other applicable ordinances, the laws of the state, federal laws or other applicable legal requirements; B. Finding that the pawnbroker or resale dealer licensee, its partners, officers or shareholders have been convicted of any offense set forth in subsection 3-13-91) of this chapter; or C. Finding that the pawnbroker or resale dealer licensee, its partners, officers or shareholders have knowingly furnished false or misleading information or withheld relevant information on any application for a license required by this chapter or any investigation on any application. D. The pawnbroker or resale dealer shall be responsible for the acts of its agents, servants and employees in the operation of the business. Prior to holding a hearing concerning the question of whether a license shall be revoked or suspended, the City Clerk shall give at least ten(10) days'written notice to the pawnbroker or resale dealer setting forth the alleged violation specifically. The pawnbroker or resale dealer may present evidence and cross examine witnesses at such hearing. 3-13-25: PENALTY FOR VIOLATION: A. Any person violating any of the provisions or failure to comply with any of the mandatory requirements of this chapter shall be guilty of an offense. Any person convicted of an offense under this chapter, in addition to other legal and equitable remedies available to the City, shall be punished by a fine in an amount of not less than two hundred fifty dollars ($250.00) for each offense. B. Any person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by any such person, and he shall be punished accordingly. Ordinance No.2013- Page 13 C. The levy and/or payment of any penalty or fine provided in this chapter shall not be deemed a waiver of the power of the City to suspend, revoke or to refuse to renew a license or to seek injunctive relief to enjoin violations of this chapter or other applicable provisions of law. 3-13-26: SEVERABILITY: If any provision, cause, sentence,paragraph, section or part of this chapter or application thereof to any person or circumstance, shall or any reason to be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not effect, impair or invalidate the remainder of this chapter and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence,paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent of the City Council that this chapter would have been adopted had such constitutional or invalid provisions, clause, sentence, paragraph, section or part thereof not been included." Section 2: All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 3: This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , 2013. CITY CLERK CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI LARRY KOT JOEL FRIEDERS CHRIS FUNKHOUSER ROSE ANN SPEARS DIANE TEELING Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , 2013. MAYOR Ordinance No.2013- Page 14 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2013- AN ORDINANCE ADOPTING LICENSE REGULATIONS FOR PAWNBROKERS AND RESALE DEALERS IN THE UNITED CITY OF YORKVILLE Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This day of August,2013 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on 92013. ORDINANCE NO. 2013- AN ORDINANCE ADOPTING LICENSE REGULATIONS FOR PAWNBROKERS AND RESALE DEALERS IN THE UNITED CITY OF YORKVILLE WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, section 11-42-5 of the Illinois Municipal Code (65 ILCS 5/11-42-5) provides that the corporate authorities of a municipality may license, tax, regulate or prohibit pawnbrokers; and, WHEREAS, section 11-42-3 of the Illinois Municipal Code (65 ILCS 5/11-42-3) provides that the corporate authorities of a municipality may license, tax, locate and regulate all places of business of dealers in junk, dismantled or wrecked motor vehicles or parts thereof, rags and any second-hand article whatsoever; and, WHEREAS, the regulation of pawnbroker and resale businesses through licensing and other regulations, is necessary to deter and detect crime and to otherwise protect the public health, safety, morals and welfare relating to their operation; and, WHEREAS, deterring crime, detecting crime, protecting theft victims and recovering stolen property relates to the protection of the public health, safety, morals and welfare of the City; and, WHEREAS, the City Council of the City has determined that it is necessary and desirable to adopt regulations regarding pawnbroker and resale businesses. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: That Title 3 of the Yorkville City Code, as amended, be and is hereby amended by adding Chapter 13 to read as follows: "CHAPTER 13 PAWNBROKER AND RESALE DEALERS 3-13-1: DEFINITIONS: APPROVED IDENTIFICATION: Any one of the following validly issued and unexpired forms of identification, which includes a photograph of the person: a) a United States passport, b) a state driver's license, c) a state issued identification card, d) a military identification card, or e) a United States permanent resident card. Ordinance No.2013- Page 2 AUDIO-VIDEO EQUIPMENT: Items which include any stereo, speaker, radio, video recorder, video camera, camera, television, tape or disk player, MP3 player or satellite signal device. INDIVIDUALLY IDENTIFIABLE ARTICLES: Articles that are individually identifiable by a serial number; or other applied numbers, letters, characters or markings; or other unique features that serve to distinguish it from any other similar article and can be used to establish ownership of the article. PAWNBROKER: Any person who lends money on deposit or pledge of personal property, or deals in the purchase of personal property on condition of selling the same back at a stipulated price, or who publicly displays at his or her place of business the sign generally used by pawnbrokers to denote the pawnbroker business, or who publicly displays a sign which indicates, in substance, a business on the premises which "loans money for personal property, or deposit or pledge". The business of a pawnbroker shall not include the lending of money on deposit or pledge of title to property. PERSON: A natural person,joint venture,joint stock company, partnership, association, club, company, corporation, business, trust or organization; or the manager, lessee, agent, servant, officer or employee of any of them. PRECIOUS METALS: Articles consisting primarily of the elements of gold(chemical symbol Au), silver(chemical symbol Ag),platinum (chemical symbol Pt) or palladium(chemical symbol Pd),but not including articles merely plated with these metals or articles similar in color to these metals but not actually consisting of them. RESALE DEALER: Any individual, firm, corporation or partnership engaged in the business of operating a business for profit which buys, sells, possesses on consignment for sale or trades jewelry, stamps, audio-video equipment or any precious metals which may have been previously owned by a consumer; or which derives more than thirty five percent(35%) of its gross receipts from the sale, consignment for sale,pledge or trade of any goods, wares or merchandise which have previously been owned by a consumer, including, but not limited to, furniture, appliances, clothing, automobile accessories,books or metals, whether in bulk or manufactured state. A. The term "resale dealer" shall include, but not be limited to, businesses commonly known as swapshop operators, stamp dealers, coin dealers and jewelers that purchase and resell items from persons other than dealers and suppliers and engage in disassembling, melting and otherwise altering jewelry. The term "resale dealer" shall not include pawnbrokers. B. The fact that any business does any of the following acts shall be prima facie proof that such business is a resale dealer: 1. Advertises in any fashion that it buys or sells used items. Such advertisements shall include,but not be limited to, media advertisements, websites, telephone listings, and signs whether on the exterior or interior of the business. 2. Devotes a significant segment or section of the business premises to the purchase or sale of used items. USED: Any goods, wares or merchandise which have previously been owned by a consumer, including, but not limited to,jewelry, stamps, coins, audio-video equipment, or any precious Ordinance No.2013- Page 3 metals, furniture, appliances, clothing, automobile accessories, books or metals, whether in bulk or manufactured state. 3-13-2: LICENSE REQUIRED: A. No person, either as owner, manager, lessee, officer or agent, or in any other capacity, shall operate or permit to be operated as a pawnbroker or resale dealership without first having obtained a license from the City to do so. The requisite fee shall accompany all original or renewal applications. Each license shall commence on January 1 and shall terminate on December 31 next following the date of issuance. Failure or neglect to pay the requisite license fee in a timely manner shall be cause for denial of issuance or nonrenewal or revocation as the case may be. B. It shall also not be lawful for an individual or business entity to conduct business in the City using the word "pawn", "pawnshop" or "pawnbroker" in connection with a business or to transact business in the City in a manner which has a substantial likelihood of misleading the public by implying that the business is a pawnshop, without first obtaining a license from the City as provided in this chapter. 3-13-3: RESALE DEALER EXEMPTIONS: The following activities shall be exempt from the requirements of this chapter for resale dealers: A. Residential garage sales. B. Sales conducted by governmental, civic, patriotic, fraternal, educational, religious or benevolent organizations which have been in active and continuous existence for at least one year prior to the holding of the sale, or which are exempt from taxation under section 501 of the internal revenue code. C. Sales or purchases which are regulated by the licensing laws of the state, including automobile dealers, used parts dealers and automotive parts recyclers. D. Consumer shows or exhibitions of collectibles. E. Sales by auctioneers. F. Sales by pawnbrokers holding a license pursuant to this Chapter. G. Sales of recyclable metal by a recyclable metal dealer. H. Sales of recyclable materials by a scavenger. I. Sales or trades of used books between a customer and owner of a used bookstore. 3-13-4: NUMBER OF LICENSES TO BE ISSUED: The number of pawnbroker licenses shall not exceed two (2) in number and the number of resale shop licenses shall not exceed ten (10) in number. 3-13-5: APPLICATION: An application for a license required by this chapter shall be made in writing under oath to the City Clerk on a form prescribed by the City Clerk. All references to the City Clerk in this Ordinance No.2013- Page 4 Chapter shall be deemed to include the City Clerk or his or her authorized designee. Each application shall include, but not be limited to, the following information: A. The name of the individual, partnership, corporation or association applying for a license. B. The residence,phone number, date of birth and driver's license number of the applicant or partners; or, if a corporation or association, the residence,phone number and driver's license number of the officers and all shareholders owning more than five percent (5%) of the outstanding shares of stock. C. The location for which the license is requested. D. Whether the applicant, its partners, officers or listed shareholders have been convicted of any criminal offense or ordinance violation (other than traffic or parking offenses) in any jurisdiction and, if so, a list of such convictions with date and prosecuting jurisdiction. E. Such information as required by the chief of police in order to conduct a criminal history background investigation on the applicant, its partners, officers or listed shareholders owning more than five percent (5%) of the outstanding shares of stock. F. Whether the applicant, its partners, officers or listed shareholders have held a license or had an interest in a license issued by the City or any other jurisdiction regulating the purchase or sale of used property revoked for cause, and, if so, list the date of revocation and jurisdiction. G. A statement whether the applicant has made application for a similar or other license on premises other than described in the application, and the disposition of such application. 3-13-6: FEES: The applicant for a pawnbroker or resale dealer license required by this chapter shall pay the City Clerk at the time of filing an application a license fee of two hundred dollars ($200.00)per calendar year or part thereof. Should the license be denied, the license fee shall be refunded to the applicant. 3-13-7: INVESTIGATION OF APPLICANT: Upon receipt of an application for a license under this chapter, the City Clerk shall cause a copy thereof to be sent to the chief of police and the community development director both of whom shall report back to the City Clerk in thirty(30) days whether the applicant is in accordance with applicable City codes. The investigation by the chief of police shall include, but not be limited to, conducting a criminal history background investigation on the applicant, its partners, officers or listed shareholders owning more than five percent (5%) of the outstanding shares of stock. 3-13-8: BOND PREREQUISITE TO ISSUANCE: Every applicant for a license under this chapter shall file with the City a license and permit bond in the penal sum of one thousand dollars ($1,000.00), approved by the City attorney, with the City as obligee, conditioned for the faithful and due performance of the provisions of this chapter and the laws of the State concerning the operation of the licensed business, and the payment of all fines and penalties by reason of the violation thereof. 3-13-9: ISSUANCE: Ordinance No.2013- Page 5 Upon receipt of the report from the chief of police and community development director, the City Clerk shall issue the license requested under this chapter unless it is determined that: A. The applicant is under the age of eighteen(18). B. The location requested is not in a permanent structure. C. The applicant plans to operate as an itinerant merchant as that term is defined in Section 3-7-1 of this title. D. The applicant, its partners, officers or listed shareholders have been convicted of or had plead guilty to any offense related to theft, burglary, or purchasing or receiving stolen items under the laws of this State, City or any other jurisdiction within the past ten(10) years, or have forfeited a bond to appear in court to answer for charges for such offenses during such time. E. The location requested and structure to be used would not comply with all applicable laws including, but not limited to, the Yorkville Zoning Ordinance. F. The applicant, its partners, officers or listed shareholders have held a license or had an interest in a license issued by the City or any other jurisdiction regulating the purchase or sale of used property which was revoked for cause. G. The applicant, its partners, officers or listed shareholders has knowingly furnished false or misleading information or withheld relevant information on any application for a license required by this chapter or any investigation into any application. H. The application has not been properly completed and/or the licensing fee required in this chapter has not been paid. I. An investigation reveals that the applicant has falsified information on the application. J. There is an outstanding code violation on the proposed premises, unless the applicant can provide satisfactory evidence that the condition will be corrected within a reasonable time, and the conduct of the business pending the correction of such condition will not endanger the public health, safety or welfare. K. Failure to comply with other provisions of this chapter or applicable requirements of law. L. There is no license currently available. 3-13-10: POSTING: Every license issued under the provisions of this chapter shall, at all times during the period for which it is effective, be posted in a conspicuous place at or near the principal entrance to the premises for which the license is issued. 3-13-11: TRANSFER: A. No license issued under this chapter may be transferred to any other person. B. No corporate licensee shall permit any transfer of its stock which would vest in aggregate more than five percent (5%) of the stock outstanding in such corporation in any shareholder unless such shareholder has been certified by the City Clerk as meeting the requirements of this chapter. 3-13-12: CHANGE OF LOCATION: No pawnbroker or resale dealer shall carry on any business required to be licensed under this chapter except at the location designated on the license. Should the resale dealer wish to change Ordinance No.2013- Page 6 the location, application shall be made to the City Clerk for such change in writing. The City Clerk shall approve the change of location unless the new location would be contrary to the provisions of this chapter, the ordinances of the City or any other applicable requirements of law. 3-13-13: HOURS OF OPERATION: No pawnbroker/resale dealer shall purchase, accept or take or receive in pawn any goods, wares, articles or things whatsoever or resale dealer shall purchase any goods, wares, articles or things whatsoever, from any person before the hour of six o'clock(6:00) A.M. or after the hour of nine o'clock(9:00) P.M. 3-13-14: PROHIBITED PURCHASES: No pawnbroker/resale dealer under this chapter shall purchase, accept or take or receive in pawn any goods, wares, articles, or things or resale dealer under this chapter shall purchase or accept any goods, wares, articles, or things,under any of the following circumstances: A. Where the seller is less than the age of eighteen (18). B. Where the seller is intoxicated. C. Where the seller fails to present at least one form of approved identification that contains the seller's full legal name, residence address and a photograph, as required in this chapter. D. Where the article to be purchased had an original manufacturer's serial number at the time it was new, but no longer legibly exhibits such number. E. Where the seller is known to be a thief or has been convicted of theft,burglary, robbery or possession of stolen property. A law enforcement officer may provide such criminal conviction information to a pawnbroker. When any person is found to be the owner of stolen property which has been pawned, such property shall be returned to the owner thereof without the payment of the money advanced by the pawnbroker thereon or any costs or charges of any kind which the pawnbroker may have placed upon the same. 3-13-15: PURCHASING, SELLING WEAPONS PROHIBITED: No pawnbroker or resale dealer shall deal in, or buy or sell, or display in his shop, any pistol, revolver, derringer, bowie knife, dirk or other deadly weapon of like character, capable of being secreted upon the person unless the licensee also possess a valid and current license for such deadly weapon as provided by state and federal law. 3-13-16: PAWNBROKER SALES AND REDEMPTIONS REGULATED: A. It shall be unlawful for any pawnbroker to charge or collect a greater benefit or percentage upon money advanced, and for the use and forbearance thereof, than the rate of three percent (3%) per month. Nothing in this section shall be construed so as to conflict with the law pertaining to usury, and the person receiving money so advanced may hold such monies to pay any fees in addition to interest as herein provided. B. Each pawnbroker, when making a loan, must disclose, in printed form on the pawn contract, the following information to the persons receiving the loan: Ordinance No.2013- Page 7 1. The amount of money advanced, which must be designated as the amount financed; 2. The maturity date of the pawn, which must be at least thirty(30) days after the date of the pawn; 3. The total pawn interest and the total service charge payable on the maturity date, and the total of both which must be designated as the finance charge; 4. The total of payments that must be paid to redeem the pledged goods on the maturity date, which must be designated as the total of payments; and 5. The annual percentage rate, computed according to the regulations adopted by the board of governors of the Federal Reserve System under the federal truth in lending act. C. Each pawnbroker may contract for and receive a monthly finance charge, including interest and fees, not to exceed one-fifth (115) of the loan amount, as set forth herein, for appraising, investigating title, storing and insuring the collateral, closing the loan, making daily reports to local law enforcement officers including enhanced computerized reporting, complying with regulatory requirements and for other expenses and losses of every nature whatsoever and for all other services. Such fees, when made and collected, shall not be deemed interest for any purpose of law. D. If the pawner or a pledger fails to repay the loan during the period specified on the pawn ticket, the pawnbroker shall automatically extend a grace period of thirty(30) days from the default date on the loan during which the pawnbroker shall not dispose of or sell the personal property pledged. The parties may agree to extend or renew a loan upon terms agreed upon by the parties,provided the terms comply with the requirements of this chapter. E. Every pawnbroker shall, at the time of each advancement or each loan, deliver to the person pawning or pledging any goods, articles or things, a memorandum or note, signed by him or her, containing an identifying pledge number and the substance of the entry required to be made in the pawnbroker's record book required by this chapter, and no charge shall be made or received by any pawnbroker, loan broker or keeper of a loan office for any such entry, memorandum or note. F. Every pawnbroker shall for each article pledged attach thereto a tag with the pledge number, the time when said pledge was obtained and the amount of said pledge. G. It shall be unlawful for any person to sell or pledge any property to a pawnbroker that is not owned by the person selling or pledging such property. 3-13-17: RECORDS OF PURCHASES: Throughout the term of the license, every pawnbroker and resale dealer shall report/upload to LeadsOnline, or the City's current electronic reporting system, the below listed information for each and every transaction conducted during each day they were open for business by the end of that business day. All information shall be recorded in the English language. A transaction shall consist of all articles brought in to a pawnbroker or resale dealer for sale, barter, or trade, by an individual (pawner/seller) at the same time and date, and includes the sale of non-junk/scrap articles by a pawnbroker or resale dealer to another person. Articles brought into a pawnbroker or resale dealer by an individual (pawner/seller) for sale, barter, trade or pawn, at different times on the same date by the same person shall be considered as separate transactions, regardless of how short the Ordinance No.2013- Page 8 difference in time is between those transactions. Separate transactions, either from the same person or different persons, shall not be combined and reported collectively. Non-junk/scrap articles purchased by a pawnbroker from another business shall not be considered to be transactions for the purposes of this section, and are exempt from the reporting requirements of this section, and are also exempt from the waiting period. A. Transactions involving individually identifiable articles. 1. Purchases/receipts by licensees. Each individually identifiable article brought in to a pawnbroker or resale dealer by an individual (pawner/seller) for sale, barter or trade during a single transaction shall be itemized separately. Licensees shall not lump such articles together, but must provide a complete and thorough description of each item to include the following: a. Type of article b. Brand name/make/manufacturer(if applicable). c. Model number(if applicable). d. Serial number(if applicable). e. Color/finish. f. Any other identifying marks, writing, engraving, etc. 2. A digital photograph(s) shall be taken of each individually identifiable article, sufficiently detailed to allow reasonable identification of the article. The digital photograph(s) shall capture any identifying numbers, marks, writing, engraving, etc., or any other distinguishing characteristics. 3. A photographic or scanned image of a photo ID card of the pawner/seller, sufficiently clear to allow the information on the ID to be read. The photo ID must be a currently valid(not expired) card issued by a government entity of the United States, and must include the seller's first and last name, current address, date of birth, and physical descriptors. If the seller is selling on behalf of a company or business, the name, address, and telephone number of such company or business shall also be recorded/reported. 4. The date and time of the transaction. 5. A signed statement of the person from whom the property was obtained that he or she is over eighteen (18) years of age and the legal owner of same clear of all attachments and with the legal right to sell. B. Transactions involving non-individually identifiable articles. 1. Non-individually identifiable articles may be recorded or reported in bulk, but must specify the weight, type and form of the bulk material. 2. Each different type and form of non-individually identifiable articles brought in to a pawnbroker or resale dealer by an individual for sale, barter or trade during a transaction shall be associated with the person who brought the material in. Ordinance No.2013- Page 9 3. A photographic or scanned image of a photo ID card of the pawner/seller, sufficiently clear to allow the information on the ID to be read. The photo ID must be a currently valid(not expired) card issued by a government entity of the United States, and must include the seller's first and last name, current address, date of birth, and physical descriptors. If the seller is selling on behalf of a company or business, the name, address, and telephone number of such company or business shall also be recorded/reported. 4. A digital photograph or, if the licensee has a video system, video segment of each individual type & form of bulk material purchased by the licensee shall be linked to the record of that transaction in LeadsOnline or the City's current electronic reporting system. 5. The date and time of the transaction. 6. A signed statement of the person from whom the property was obtained that he or she is over eighteen (18) years of age and the legal owner of same clear of all attachments and with the legal right to sell. C. Coins, bullion and paper money shall be exempt from the requirements of this Chapter. D. In the event the electronic reporting system malfunctions or is otherwise not operational, the licensee shall, at all times during such malfunction or non-operation,be required to keep written records of any and all transactions made during the period of malfunction or non-operation, to include all information required by this section. These written records shall be reported/uploaded to LeadsOnline, or the City's current electronic reporting system, as soon as practicable after the electronic reporting system is functional. No such written records shall be erased, mutilated or changed. Written records shall be open and available for review upon request by any police officer during regular business hours. 3-13-18: REPORTS TO CHIEF OF POLICE: A. The Police Department shall enter into a contract for service and maintain its contract for service with LeadsOnline, or a similar entity as designated by the chief of police, in order to enhance its investigative services to protect pawnbrokers and resale dealers and members of the general public. In the event of a change to its electronic reporting system, the City will notify all impacted licensees of the change within a reasonable time prior to such change. B. Every pawnbroker and resale dealer shall operate and maintain a computer system with internet access and photographic or video capability sufficient for the electronic reporting requirements described in this chapter. Any failure or malfunction of such equipment on the part of the licensee shall not exempt the licensee from the recording/reporting requirements outlined in this chapter. The licensee shall immediately notify the police department of any such failure or malfunction, and shall have such resolved as soon as practicable. Failure by the licensee to resolve any failure or Ordinance No.2013- Page 10 malfunction of equipment in a reasonable amount of time will lead to license revocation proceedings. C. No pawnbroker or resale dealer shall be required to furnish such description of any new property purchased by the pawnbroker or resale dealer from manufacturers, other retailers or wholesale dealers having an established place of business, or of any goods purchased at open sale, or from a bankrupt stock. Such goods must be accompanied by a bill of sale or other evidence of open and legitimate purchase and shall at all times during the pawnbroker or resale dealer's business hours be open to the inspection of members of the City's police department. 3-13-19: INSPECTION OF PREMISES: Every pawnbroker or resale dealer under this chapter and every person employed by him in the conduct of business shall admit to any and every part of the premises designated in the license, during the resale dealer's business hours, any police officer of the City to examine compliance with the City's electronic reporting system required in Section 3-13-17.. 3-13-20: WAITING PERIOD: A. No pawnbroker or resale dealer shall expose for sale, sell, trade, barter, melt, crush/compact, destroy, or otherwise dispose of, any individually identifiable article within seven(7) days of the time of purchasing or receiving the same. B.No pawnbroker or resale dealer shall expose for sale, sell, trade,barter, melt, crush/compact, destroy, or otherwise dispose of any non-individually identifiable jewelry or other non- individually identifiable articles within twenty-four(24)hours of the time of purchasing or receiving the same. 3-13-21: REMOVAL OF IDENTIFYING MARKS PROHIBITED: No pawnbroker or resale dealer shall remove, alter or obliterate any manufacturer's make, model or serial number,personal identification number, or identifying marks engraved or etched upon an item of personal property that was purchased or received by the pawnbroker or resale dealer. 3-13-22: VIDEO CAMERA SURVEILLANCE REQUIRED: Each pawnbroker and resale dealer shall be required to install, operate and maintain a video camera surveillance system capable of recording clear and unobstructed photographic representations of the pawnbroker or resale dealer's customers and shall retain the videotape recordings produced therefrom for at least thirty(30) days. 3-13-23: INVENTORY SYSTEM: Every pawnbroker and resale dealer shall maintain an inventory system of all property purchased or received in such a manner that members of the City's police department making an inspection Ordinance No.2013- Page 11 pursuant to this chapter can readily ascertain the identity of such property and readily locate such property on the licensed premises. 3-13-24: SUSPENSION OR REVOCATION: In addition to any other penalty which may be authorized by this chapter or other City ordinances, a license may be suspended or revoked for: A. Failure of the pawnbroker or resale dealer licensee, its officers, agents or employees to comply with any provision of this chapter, any other applicable ordinances, the laws of the state, federal laws or other applicable legal requirements; B. Finding that the pawnbroker or resale dealer licensee, its partners, officers or shareholders have been convicted of any offense set forth in subsection 3-13-91) of this chapter; or C. Finding that the pawnbroker or resale dealer licensee, its partners, officers or shareholders have knowingly furnished false or misleading information or withheld relevant information on any application for a license required by this chapter or any investigation on any application. D. The pawnbroker or resale dealer shall be responsible for the acts of its agents, servants and employees in the operation of the business. Prior to holding a hearing concerning the question of whether a license shall be revoked or suspended, the City Clerk shall give at least ten (10) days'written notice to the pawnbroker or resale dealer setting forth the alleged violation specifically. The pawnbroker or resale dealer may present evidence and cross examine witnesses at such hearing. 3-13-25: PENALTY FOR VIOLATION: A. Any person violating any of the provisions or failure to comply with any of the mandatory requirements of this chapter shall be guilty of an offense. Any person convicted of an offense under this chapter, in addition to other legal and equitable remedies available to the City, shall be punished by a fine in an amount of not less than two hundred fifty dollars ($250.00) for each offense. B. Any person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by any such person, and he shall be punished accordingly. C. The levy and/or payment of any penalty or fine provided in this chapter shall not be deemed a waiver of the power of the City to suspend, revoke or to refuse to renew a license or to seek injunctive relief to enjoin violations of this chapter or other applicable provisions of law. 3-13-26: SEVERABILITY: If any provision, cause, sentence,paragraph, section or part of this chapter or application thereof to any person or circumstance, shall or any reason to be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not effect, impair or invalidate the remainder of this chapter and the application of such provision to other persons or circumstances,but shall be confined in its operation to the provision, clause, sentence,paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the Ordinance No.2013- Page 12 legislative intent of the City Council that this chapter would have been adopted had such constitutional or invalid provisions, clause, sentence,paragraph, section or part thereof not been included." Section 2: All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 3: This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , 2013. CITY CLERK CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI LARRY KOT JOEL FRIEDERS CHRIS FUNKHOUSER ROSE ANN SPEARS DIANE TEELING Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2013. MAYOR Ordinance No.2013- Page 13 CfTy Reviewed By: X06 Legal Agenda Item Number Finance Admire#I EST. -� __ti 1838 Engineer ❑ City Administrator 0 : Human Resources ❑ Tracking Number Community Development ❑ ` ' �'� Police ❑ ADM 2013-39 ALE � Public Works ❑ Agenda Item Summary Memo Title: Senior Garbage Subsidy Meeting and Date: City Council—August 13, 2013 Synopsis: Review of ordinance based on proposal for a two-tier senior garbage subsidy. Council Action Previously Taken: Date of Action: Admin 7/18/13 Action Taken: Forward to City Council Item Number: ADM 2013-39 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: ° clr y Q Memorandum �` e To: Administration Committee sr. lass From: Jeff Weckbach, Administrative Intern Bart Olson, City Administrator p +� CC: t7 Date: August 7, 2013 LE Subject: Senior Garbage Subsidy Summary Review of the senior garbage subsidy ordinance, in advance of the FY 15 budget which is typically approved in April. Background This item was last discussed at the July 18th Administration meeting. At that meeting the Administration Committee approved a proposal to establish a two-tier senior garbage subsidy to be phased in over the next two fiscal years. Staff is estimating that the proposed increase in the senior garbage surcharge would save the City $30,000 to $40,000 per fiscal year, assuming that most of the seniors qualify for the subsidy. Naturally the cost savings will increase if there are fewer seniors eligible for the circuit breaker discount. The proposed senior garbage rates are: May 2014- May 2015- May 2016- April 2015 A ri12016 Aril 2017 Senior Discount Percentage 50% 20% 20% Monthly Garbage Fee for Seniors $9.07 $14.95 $15.40 Circuit Breaker Senior Discount Percentage 75% 50% 50% Monthly Garbage Fee for Circuit Breaker Seniors $4.54 $9.34 $9.63 Cost of Garbage Service Per Account 18.14 18.68 19.26 For FY 2017 and each subsequent year after FY 17 we are proposing to keep the garbage subsidy for all seniors at a 20%reduction of the total per user charge for garbage services and at a 50% reduction for all seniors on the circuit breaker program. Recommendation Given that we are recommending increasing the total cost of garbage services for all seniors, we would recommend that the City Council direct staff to conduct a public outreach initiative which would include a letter to each senior account in the City, listing the dates where the ordinance would be first read and voted on and a description of the proposed increase. If the above recommendation is accepted by the City Council,we could send the notices to residents in August/September and invite them to speak during public comment in September/October. Red-lined version 7-7-2: GARBAGE PICK UP SURCHARGE: A. Amount: Commencing May 1, 2013, a garbage surcharge shall be placed on the regular billing of city utility bills for the sum of seventeen dollars sixty one cents ($17.61)per month. Commencing May 1, 2014, a garbage surcharge shall be placed on the regular billing of city utility bills for the sum of eighteen dollars fourteen cents ($18.14)per month. Commencing May 1, 2015, a garbage surcharge shall be placed on the regular billing of city utility bills for the sum of eighteen dollars eighty sixty nine cents ($18.69)per month. Commencing May 1, 2016, a garbage surcharge shall be placed on the regular billing of city utility bills for the sum of nineteen dollars twenty five cents ($19.25)per month. B. Commencing May 1, 2013, the surcharge for residents sixty five (65)years of age or older shall be fifty cents ($0.50) per month. Commencing May 1, 2014, the surcharge for residents sixty five (65)years of age or older shall be nine dollars seven cents ($9.07)per month. Commencing May 1, 2015, the surcharge for residents six 1y five (65) years of age or older shall be fourteen dollars ninety five cents ($14.95)per month. Commencing May 1, 2016, the surcharge for residents sixty five (65)years of age or older shall be fifteen dollars forty cents ($15.40)per month. C. Commencing May 1, 2014, the surcharge for residents sixty five (65)years of age or older who qualify for the Circuit Breaker program shall be four dollars fifty four cents ($4.54)per month. Commencing May 1, 2015, the surcharge for residents sixty five (65)years of age or older who qualify for the Circuit Breaker program shall be nine dollars thirty four cents ($9.34) per month. Commencing May 1, 2016, the surcharge for residents six . five (65)years of age or older who qualify for the Circuit Breaker program shall be nine dollars sixty three cents ($9.63) per month. DH. Duration: Said surcharge shall continue to be imposed until further ordinance of the united city of Yorkville. EE. Imposed On Each User: Said surcharge shall be imposed upon each user of city garbage and refuse pick up service. _RD. Exceptions: Said surcharge shall not be imposed on any multi-family user that does not have city garbage pick up as currently defined under the city garbage and refuse pick up ordinances, nor shall said surcharge be imposed on any commercial, business, or manufacturing user for which no garbage service is provided by the city. (Ord. 2008-34, 5-13-2008) Clean version 7-7-2: GARBAGE PICK UP SURCHARGE: A. Amount: Commencing May 1, 2013, a garbage surcharge shall be placed on the regular billing of city utility bills for the sum of seventeen dollars sixty one cents ($17.61)per month. Commencing May 1, 2014, a garbage surcharge shall be placed on the regular billing of city utility bills for the sum of eighteen dollars fourteen cents ($18.14)per month. Commencing May 1, 2015, a garbage surcharge shall be placed on the regular billing of city utility bills for the sum of eighteen dollars eighty sixty nine cents ($18.69)per month. Commencing May 1, 2016, a garbage surcharge shall be placed on the regular billing of city utility bills for the sum of nineteen dollars twenty five cents ($19.25)per month. B. Commencing May 1, 2013, the surcharge for residents sixty five (65) years of age or older shall be fifty cents ($0.50) per month. Commencing May 1, 2014, the surcharge for residents sixty five (65)years of age or older shall be nine dollars seven cents ($9.07)per month. Commencing May 1, 2015, the surcharge for residents sixty five (65) years of age or older shall be fourteen dollars ninety five cents ($14.95)per month. Commencing May 1, 2016, the surcharge for residents sixty five (65)years of age or older shall be fifteen dollars forty cents ($15.40)per month. C. Commencing May 1, 2014, the surcharge for residents sixty five (65)years of age or older who qualify for the Circuit Breaker program shall be four dollars fifty four cents ($4.54)per month. Commencing May 1, 2015, the surcharge for residents sixty five (65)years of age or older who qualify for the Circuit Breaker program shall be nine dollars thirty four cents ($9.34) per month. Commencing May 1, 2016, the surcharge for residents sixty five (65)years of age or older who qualify for the Circuit Breaker program shall be nine dollars sixty three cents ($9.63) per month. D. Duration: Said surcharge shall continue to be imposed until further ordinance of the united city of Yorkville. E. Imposed On Each User: Said surcharge shall be imposed upon each user of city garbage and refuse pick up service. F. Exceptions: Said surcharge shall not be imposed on any multi-family user that does not have city garbage pick up as currently defined under the city garbage and refuse pick up ordinances, nor shall said surcharge be imposed on any commercial, business, or manufacturing user for which no garbage service is provided by the city. (Ord. 2008-34, 5-13-2008) UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2013- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS REGARDING A GARBAGE PICK UP SURCHARGE DISCOUNT FOR SENIORS Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This day of , 2013 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on 12013. Ordinance No. 2013- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS REGARDING A GARBAGE PICK UP SURCHARGE DISCOUNT FOR SENIORS WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City is authorized and empowered under the Illinois Compiled Statutes to provide for the protection of the public health and welfare; and, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That Title 7, Chapter 7, Section 2 of the Yorkville City Code is hereby amended to read as follows: A. Amount: Commencing May 1, 2013, a garbage surcharge shall be placed on the regular billing of city utility bills for the sum of seventeen dollars sixty one cents ($17.61)per month. Commencing May 1, 2014, a garbage surcharge shall be placed on the regular billing of city utility bills for the sum of eighteen dollars fourteen cents ($18.14)per month. Commencing May 1, 2015, a garbage surcharge shall be placed on the regular billing of city utility bills for the sum of eighteen dollars eighty sixty nine cents ($18.69) per month. Commencing May 1, 2016, a garbage surcharge shall be placed on the regular billing of city utility bills for the sum of nineteen dollars twenty five cents ($19.25)per month. B. Commencing May 1, 2013, the surcharge for residents sixty five (65) years of age or older shall be fifty cents ($0.50)per month. Commencing May 1, 2014, the surcharge for residents sixty five (65) years of age or older shall be nine dollars seven cents ($9.07)per month. Commencing May 1, 2015, the surcharge for residents sixty five (65) years of age or older shall be fourteen dollars ninety five cents ($14.95)per month. Commencing May 1, 2016, the surcharge for residents sixty five (65) years of age or older shall be fifteen dollars forty cents ($15.40)per month. C. Commencing May 1, 2014, the surcharge for residents sixty five (65) years of age or older who qualify for the Circuit Breaker program shall be four dollars fifty four cents ($4.54)per month. Commencing May 1, 2015, the surcharge for residents sixty five (65) years of age or older who qualify for the Circuit Breaker program shall be nine dollars thirty four cents ($9.34)per month. Commencing May 1, 2016, the surcharge for residents sixty five (65) years of age or older who qualify for the Circuit Breaker program shall be nine dollars sixty three cents ($9.63)per month. Ordinance No.2013- Page 2 D. Duration: Said surcharge shall continue to be imposed until further ordinance of the United City of Yorkville. E. Imposed On Each User: Said surcharge shall be imposed upon each user of city garbage and refuse pick up service. F. Exceptions: Said surcharge shall not be imposed on any multi-family user that does not have city garbage pick up as currently defined under the city garbage and refuse pick up ordinances, nor shall said surcharge be imposed on any commercial,business, or manufacturing user for which no garbage service is provided by the city. (Ord. 2008- 34, 5-13-2008) 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. 2013. CITY CLERK CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI LARRY KOT CHRIS FUNKHOUSER JOEL FRIEDERS ROSE ANN SPEARS DIANE TEELING Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2013. MAYOR Ordinance No.2013- Page 3 CfTy Reviewed By: X06 Legal Agenda Item Number Finance PC #1 EST. -� __ti 1838 Engineer City Administrator : Human Resources ❑ Tracking Number V.* Community Development 0 Police Q PC 2013-05 ALE Public Works ❑ Agenda Item Summary Memo Title: Priority Health &Body Makeover Meeting and Date: City Council/August 13, 2013 Synopsis: Recommendation from Plan Commission regarding a request for rezoning. Council Action Previously Taken: Date of Action: 07/23/13 Action Taken: Public Hearing for Annexation Item Number: Type of Vote Required: Majority Council Action Requested: Vote Submitted by: Krysti J. Barksdale-Noble Community Development Name Department Agenda Item Notes: Memorandum 0 To: City Council 1es6 Esr. From: Krysti J. Barksdale-Noble, Community Development Director 1 `= CC: Bart Olson, City Administrator Date: August 8, 2013 TE Subject: PC 2013-05—Priority Health & Body Makeover Kendae counTy �� Request for Rezoning to B-2 General Business District <kE '►�' Petitioner's Request & Background: The petitioner is seeking to annex an approximately 1.5-acre property located west of IL Route 47, just south and adjacent to the Sunset Hotel (see attached map) to within the City of Yorkville's corporate boundaries and rezone the land as B-2 General Business District. The property, which consists of two (2) unimproved parcels, currently is zoned B-3 Highway Business District in unincorporated Kendall County, Illinois. It is the petitioner's desire to annex and rezone the property for the purpose of developing a medical office building. According to the Kendall County Zoning Ordinance, uses within the B-3 Highway Business District are similar in classification as uses in the proposed B-2 General Business District which identifies office, business and professional uses, including medical clinics, as permitted uses.' Although the character of the proposed future development of the property for a medical office building is highly consistent with uses already permitted per the County's designation, annexation into Yorkville's corporate boundaries gives the City control over the building and bulk regulations. The property is located within an area designated as "Commercial" within the 2008 Comprehensive Plan Update. The intent of the commercial designation, according to the Comprehensive Plan, is to promote market-sensitive development with an emphasis on retail, service, restaurant and entertainment-based uses. The proposed rezoning is consistent with the Comprehensive Plan land use designation. Plan Commission Action The Plan Commission reviewed the requested rezoning at a public hearing held on July 10, 2013 and made the following action on the motion below: In consideration of testimony presented during a Public Hearing on July 10, 2013 and discussions conducted at that meeting, the Plan Commission recommends approval to the City Council of a request rezoning of the subject property upon annexation to within the B-2 General Business District, as proposed by Priority Health and Body Makeover; Inc., as submitted in an application date stamped received May 10, 2013. Action Item: Lindblom-yes; Weaver-yes; Crouch-yes, Jones-yes, Baker-yes, Kraupner-yes, Winninger-yes 7 ayes; 0 no Plan Commission Criteria for Rezonin,2: In considering rezoning requests, the Zoning Ordinance requires the Plan Commission to make findings based upon the evidence presented to it in each specific case with respect to the following matters: 1 http://www.co.kendall.il.us/zoning/zoning ordinance/PBZm zoning 09.pdf a. Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. c. The suitability of the property in question to the uses permitted under the existing zoning classification. d. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. e. The impact that such reclassification and/or annexation will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976-43, 11-4-1976) Additional factors to be considered for an amendment to a zoning ordinance as determined by the `LaSalle' and `Sinclair' cases should also be considered. These factors are as follows: 1) The existing uses and zoning of nearby property; 2) The extent to which property values are diminished by the particular zoning restrictions; 3) The extent to which the destruction of property values of plaintiff promotes the health, safety, morals, and general welfare of the public; 4) The relative gain to the public as compared to the hardship imposed upon the individual property owner; 5) The suitability of the subject property for the zoned purposes; 6) The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property; 7) The community need for the proposed use; and, 8) The care with which the community has undertaken to plan its land use development. Attachments: 1. Staff's memorandum to the Plan Commission dated July 3,2013 2. Copy of Petitioners'Application w/attachments. 3. Aerial of Subject Property. 4. Plat of Annexation,prepared by RB&Associates Consulting,Inc.,date revised June 24,2013. 5. Copy of Public Notice. c,r� Memorandum 0 To: Plan Commission 1es6 Esr. From: Krysti J. Barksdale-Noble, Community Development Director 1 `= CC: Bart Olson, City Administrator Date: July 3, 2013 Subject: PC 2013-05—Priority Health & Body Makeover Kendae counTy �� Request for Rezoning to B-2 General Business District <kE '►�' Petitioner's Request & Background: The petitioner is seeking to annex an approximately 1.5-acre property located west of IL Route 47, just south and adjacent to the Sunset Hotel (see attached map) to within the City of Yorkville's corporate boundaries and rezone the land as B-2 General Business District. The property, which consists of two (2) unimproved parcels, currently is zoned B-3 Highway Business District in unincorporated Kendall County, Illinois. It is the petitioner's desire to annex and rezone the property for the purpose of developing a medical office building. According to the Kendall County Zoning Ordinance, uses within the B-3 Highway Business District are similar in classification as uses in the proposed B-2 General Business District which identifies office, business and professional uses, including medical clinics, as permitted uses.1 Although the character of the proposed future development of the property for a medical office building is highly consistent with uses already permitted per the County's designation, annexation into Yorkville's corporate boundaries gives the City control over the building and bulk regulations. Rezoning Request Staff has analyzed the existing land uses and zoning surrounding the subject property in consideration of the proposed rezoning to within the B-2 General Business District. The following chart provides details of those land uses: Existing Zoning Existing Land Use Comments North B-3 Service Business District Commercial Sunset Hotel South B-3 Service Business District Commercial Aqua Paving and Construction located at 807 N.Bridge Street. East B-3 Service Business District Commercial Retail Strip Development;Intervening Transportation Land Use(IL Rote 47). Residential properties located at 1004 West R-2 One-Family Residential District Residential and 1006 Sunset Avenue.Dense line of vegetation between subject property and residences. As indicated in the chart above and illustrated on the attached map, the properties within the immediate area surrounding the subject parcel are primarily zoned for commercial land uses within the B-3 Service Business District, similar to the subject property's requested land use and zoning. However, the properties located immediately to the west are zoned R-2 One-Family Residential District, which, if approved for B-2 zoning, will require a transitional yard of thirty feet (30') as a visual landscape buffer between the land uses. 1 http://www.co.kendall.il.us/zoning/zoning ordinance/PBZ zoning 09.pd f Bulk Requirements Since the proposed rezoning request contemplates the future construction of a medical office building on a single consolidated lot, a detailed review of the B-2 General Business District bulk regulations was conducted to analyze compliance with the proposed annexed property. The following B-2 bulk regulations will apply: • Minimum lot size requirement of 10,000 square feet; The proposed new lot is approximately 63,450 sq. ft. (1.4573 acres) Complies • Maximum lot coverage of 80%; Shall Comply • Maximum building height of eighty feet (80') or six (6) stories, whichever is less; Shall Comply • Minimum required interior side yard setback of twenty feet (20'); minimum required corner side yard or thirty feet(30'); Shall Comply • Minimum rear yard setback of twenty feet(20') feet. Shall Comply • Required transitional yard of thirty feet (30') along western boundary adjacent to residentially zoned properties. Comprehensive Plan The property is located within an area designated as "Commercial" within the 2008 Comprehensive Plan Update. The intent of the commercial designation, according to the Comprehensive Plan, is to promote market-sensitive development with an emphasis on retail, service, restaurant and entertainment-based uses. Staff Comments & Recommendation: According to Section 10-4-5 of the City's Zoning Ordinance, all petitions for annexation upon approval will be automatically classified in the R-1 One-Family Residence District until otherwise requested for rezoning before the Plan Commission. In the interest of time, the Petitioner has filed concurrent applications for annexation and rezoning. The Plan Commission's recommendation will be forwarded to the City Council for consideration as part of the petitioner's public hearing request for annexation at their meeting scheduled for July 23, 2013. Based upon the existing surrounding land use and zoning, as well as the compliance with the bulk regulations of the proposed B-2 General Business District, staff recommends approval of the requested rezoning upon approval of annexation. Findings of Fact: In considering rezoning requests, the Zoning Ordinance requires the Plan Commission to make findings based upon the evidence presented to it in each specific case with respect to the following matters: a. Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. c. The suitability of the property in question to the uses permitted under the existing zoning classification. d. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. e. The impact that such reclassification and/or annexation will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976-43, 11-4-1976) Additional factors to be considered for an amendment to a zoning ordinance as determined by the `LaSalle' and `Sinclair' cases should also be considered. These factors are as follows: 1) The existing uses and zoning of nearby property; 2) The extent to which property values are diminished by the particular zoning restrictions; 3) The extent to which the destruction of property values of plaintiff promotes the health, safety, morals, and general welfare of the public; 4) The relative gain to the public as compared to the hardship imposed upon the individual property owner; 5) The suitability of the subject property for the zoned purposes; 6) The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property; 7) The community need for the proposed use; and, 8) The care with which the community has undertaken to plan its land use development. The petitioner has provided responses to the above standards and additional factors in their application for rezoning which has been attached for your reference. Proposed Motion: In consideration of testimony presented during a Public Hearing on July 10, 2013 and discussions conducted at that meeting, the Plan Commission recommends approval to the City Council of a request rezoning of the subject property upon annexation to within the B-2 General Business District, as proposed by Priority Health and Body Makeover, Inc., as submitted in an application date stamped received May 10, 2013,subject to {insert any additional conditions of the Plan Commission]... Attachments: 1. Copy of Petitioners' Application w/attachments. 2. Aerial of Subject Property. 3. Plat of Annexation,prepared by RB&Associates Consulting,Inc.,date revised June 24,2013. 4. Copy of Public Notice. 4 a EST. \`= 1836 EC E old E MAY 10 2011 COMMUNITY DEVELOPMENT DEPARTMENT United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-3436 APPLICATION FOR REZONING Purpose p• An application for Map Amendment,or commonly referred to as"rezoning", is a request to reclassify a property from one zoning designation to within another zoning district. Requests for rezoning must not be merely arbitrary, but has to have validity as to the appropriate zoning classification for the existing or proposed land use in consideration of certain factors such as: the existing land use and zoning of the surrounding properties; suitability of the land use within the current zoning district; the trend of development in the general area; impact the proposed rezoning would have on traffic; the potential diminishment of property values due to the rezoning; and the promotion of public health, safety, morals or general welfare of the public as a result of the proposed rezoning. This packet explains the process to successfully submit and complete an Application for Rezoning. It includes a detailed description of the process and the actual application itself(Pages 6 to 12). Please type the required information in the application on your computer. The application will need to be printed and signed by the applicant. The only item that needs to be submitted to the city from this packet is the application. The rest of the packet is to help guide you through the process unto completion. For a complete explanation of what is legally required throughout the Rezoning Request process, please refer to "Title 10, Chapter 14, Section 7 Amendments' of the Yorkville, Illinois City Code. 1 Application PrOCC(ILII-C Procedure Flow Chart It . 't Step 1 Sul t � AppLcarion, Fees,` nd A1hPettipent Infonnattdn to,the ommumty l) v�lopme I I De sriineiit ; A ,.3 n I ii, mfl, . rl r{t ill it A I it - 1t fi r= 5" r It I s 1 1� able k , t xFlarnCouktt 'eview 'rat; (Meets2ntlaad4th"ptiuNgtay�ofthet�bti'th) It ; d It 4' -, r `' r `W 7 a ' h ' , :. p, �', ' p r d die i = eA i = e is 44� 3':" r s-n$ : +ttieJ i? hp �, ,. :�, i, It flan Com ntsst[fn 1lta FIear ng %lvleets ,Ad Wednesday of the Mgnth)A%AA A It Al, +, .' �r t ' F i r 1 z S r Ad t {>th ipz r ' , wui c.rvji ' s 1 At City Council Piiblso Hearing (Meets 2nd and`4th` Wednesday of Elie Montli)`` At r ` h , 2 Application ProcedIII-C Step I Application Submittal The following must be submitted to the Community Development Department: • 2 original signed applications with legal description. • 5 copies each of the application and exhibits, proposed drawings, location map, and site plan. Large items must be folded to fit in a 10" x 13" envelope. • Appropriate filing fee. (See attached Fee Sheet on page 5) • 1 CD containing an electronic copy (pdf) of each of the signed application (complete with exhibit), proposed drawings, location map, and site plan. A Microsoft Word document with the legal description is required on the CD. Within one ( 1 ) week of submittal, the Community Development Department will determine if the application is complete or if additional information is needed. These materials must be submitted a minimum of 45 days prior to the targeted Plan Commission meeting. An incomplete submittal could delay the scheduling of the project. Applicant will be responsible for payment of recording fees and public hearing costs, including written transcripts of the public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). The applicant will be required to establish a deposit account with the city to cover these fees. The Petitioner Deposit Account/Acknowledgement of Financial Responsibility form is attached to this document and must be submitted with the application. Plan Council (If Applicable) Applicant may present the proposed request to the Plan Council . The Plan Council meets on the 2nd and 4th Thursday of the month. The members of the Council include the Community Development Director, City Engineer, the Building Department Official, the Public Works Director, the Director of Parks and Recreation, a Fire Department Representative, and a Police Department Representative. Upon recommendation by the Plan Council, applicant will move forward to the Plan Commission hearing. Plan Commission Applicant will attend a public hearing conducted by the Plan Commission. The Plan Commission meets on the 2nd Wednesday of the Month at 7 :OOpm. Notice will be placed in the Kendall County Record by the United City of Yorkville. The applicant is responsible for sending certified public hearing notices to adjacent property owners within 500 feet of the subject property no less than 15 days and no more than 30 days prior to the public hearing date. Twenty Four (24) hours prior to the public hearing, a certified affidavit must be filed by the applicant with the Community Development Department containing the names, addresses and permanent parcel numbers of all parties that were notified. The Plan Commission will conduct a public hearing on the request, take public comments, discuss the request, and make a recommendation to City Council. 3 Application ProcedUl-C Step 4 City Council Applicant will attend the City Council meeting where the recommendation of the rezoning request will be considered. The City Council meets on the 2nd and 4th Tuesdays of the month at 7 :OOpm . City Council will make the final approval of the rezoning request. Dormant Applications The Community Development Director shall determine if an application meets or fails to meet the requirements stated above. If the Director determines that the application is incomplete it will become dormant under these circumstances: • The applicant has been notified of such deficiencies and has not responded or provided a time line for completing the application within ninety (90) days from the time of notification. • The applicant has not responded in writing to a request for information or documentation from the initial plan commission review within six (6) months from the date of that request. • The applicant has not responded to a request for legal or engineering deposit replenishment for city incurred costs and fees within ninety (90) days from the date of the request. If the Community Development Director has sent the required notice and the applicant has not withdrawn their application or brought it into compliance, then the director shall terminate the application. After termination, the application shall not be reconsidered except after the filing of a completely new application. Withdrawal or termination of an application shall not affect the applicant's responsibility for payment of any costs and fees, or any other outstanding debt owed to the city. The balance of any funds deposited with the city that is not needed to pay for costs and fees shall be returned to the applicant. (Ord. 2011 -34, 7-26-2011 ) 4 EO ctr'k United City of Yorkville ,4 C 1 T 800 Game Farm Road Yorkville, Illinois 60560 1am Telephone: 630-553-4350 Fax: 630-553-7575 INVOICE & WORKSHEET PETITION APPLICATION CONTACT: DEVELOPMENT/ PROPERTY: Acreage: Date: Concept Plan Review: I I Yes I I No $ Engineering Plan Review Deposit of$500 due Amendment: I I Yes [ ] No $ $500.00 Fee due for each: (Annexation) (Plan) (Plat) (PUD) Annexation: I I Yes [ ] No $ $250.00, plus $10/acre for each acre over 5. # of acres: - 5 = x $10 = + $250 Rezoning: I I Yes [ ] No $ $200.00, plus $10/acre for each acre over 5. # of acres: - 5 = x $10 = + $200 If annexing and rezoning, charge only I per acre fee. If rezoning to a PUD, charge PUD Development Fee- not Rezoning Fee. Special Use: I I Yes I I No $ $250.00, plus $10/acre for each acre over 5. # of acres: - 5 = x $10 = + $250 Zonine Variance: $85.00 I I Yes I I No $ Outside Consultants deposit of $500.00 due Preliminary Plan Fee: $500.00 11 Yes I I No $ P.U.D. Fee: $500.00 11 Yes I I No $ Final Plat Fee: $500.00 11 Yes I I No $ Eneineerine Plan Review Denosit I I Yes I I No $ 11 Less than 1 acre = $1,000 due J Over I acre and less than 10 acres = $2,500 due Over 10 acres and less than 40 acres = $5,000 due Over 40 acres and less than 100 acres = $10,000 due Over 100 acres = $20,000 due Outside Consultants Denosit: I I Yes I I No $ Legal, Land Planner, Zoning Coordinator, Environmental Services Annexation Subdivision Rezonine and Special Use: I I Less than 2 acres = $1,000 due I I Over 2 acres and less than 10 acres = $2,500 due I I Over 10 acres = $5,000 due DOTAL AMOUNT DIIE: Wood/ 0 Drive/ Dev. No. ARO/ Fw Shed WWi 5 isTA1[1wt a J t ia, f 1 X i 1 I ZIF 44 r t Data of}�UD t9$IOn r sl 0T t� ?w,r.^ t,G .^ iJ till r j s ei „� Fs fd .,.'6 et1y4 > ,w7 Applicant Information Name of Applicant(s) FPriority Health and Body Makeover, Inc. , an Illinois Corporation Business Address 1201 E. Veterans Parkway City Yorkville State I IL ZIP 60560 Business Phone 309-737-9298 1 Business Fax Business Cell Business E-mail priorityhealthinc @gmail .com Property Information Name of Holder of Legal Title Castle Bank, A Division of First National Bank of Omaha If Legal Title is held by a Land Trust, list the names of all holders of any beneficial interest therein : Property Street Address I Route 47 , Yorkville, Illinois Description of Property's Physical Location west side of Route 47 (south and adjacent to the Sunset Motel ) Zoning and Land Use of Surrounding Parcels North B-3 Service Business District East B-3 Service Business District South B-3 Service Business District West City Current Zoning Classification Kendall County Requested Zoning Classificaion B-2 General Bus Comprehensive Plan Future Land Use Designation I Business Total Acreage 2,5 Kendall County Parcel Number(s) Within Proposed PUD 02-28-303-019 02-28-303-020 6 Application 1 , 01 Rezollino Property List all governmental entities or agencies required to receive notice under Illinois law: None Is the property within City limits? Yes No Does a floodplain exist on the property? Yes No ❑✓ Attorney Name I Daniel J . Kramer Address 111 07A S . Bridge Street City Yorkville State IL ZIP 60560 Phone 630-553-9500 Fax 630-553-5764 E-mail I dkramer @dankramerlaw.com Engineer Name Ron Bauer- Surveyor Address 14 West Main Street City Plano State IL ZIP 60560 Phone 630-552-7599 Fax 630-552-7702 E-mail ron @rb-associates . net Planner Name I N/A Address City I State ZIP Phone Fax E-mail 7 Application For Rezonino Rezonino Standards Please state the existing zoning classification(s) and uses of the property within the general area of the proposed rezoned property: The zoning classifications are mix of classes surrounding the subject property. To immediate west is open space for the Beecher Center where the United City of Yorkville has numerous athletic fields adjoining the property. To the east it is a mix of B-3 and Multi-Family Residential with duplex use and limited commercial use for a retail shop and hair salon . To the south and north it is a mix of business use zonings for heavier commercial uses and destination business uses such as a travel agency, dentist office and hotel . Most of the uses surrounding us are heavy or more intense uses in terms of number of trips in and out of those locations. Please state the trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification: The trend of development in the area is for destination type business and office use located adjacent to State Route 47 which is a heavily traveled commercial highway. Please state the extent to which property values are diminished by the particular zoning restrictions: the property is totally unsuitable for its County Zoning at this time because it is not served by municipal services and has remained undeveloped for a period in excess of 30 years. The proposed use would bring valuable tax revenue to all of the local taxing districts and provide an end user that is a destination type user not significantly impacting the traffic flow on Route 47 in any fashion and would provide the visability needed for the health care business. Please state the extent to which the destruction of property values of plaintiff promotes the health, safety, morals, and general welfare of the public: The proposed zoning would promote public values in that it would provide a medical facility to the community, provide an aesthetically pleasing building with a residential look for residents of the City and pass-through traffic as well as making a valuable use of a property that fronts on a heavily traveled commercial highway. 8 Application For Rezoning Rezonin, Standards Please state the relative gain to the public as compared to the hardship imposed upon the individual property owner: We believe the gain to the public as a whole and the local taxing bodies would be every bit as equal to that to the property applicant. Please state the suitability of the subject property for the zoned purposes: The property again having not had adequate service to municipal water and sewer in the past has remained undeveloped because of those deficiencies. Annexing and Zoning to the United City of Yorkville would cure those deficiencies. Please state the length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property: The property has been vacant for a period in excess of 30 years and lying fallow in the sense that it has not been farmed and has had no productive use whatsoever other than to grow weeds. Please state the community need for the proposed land use: There is always a community need for medical services. The applicant who seeks to both purchase the property, annex it and zone it within the the City currently is in business in the United City of Yorkville but would would like to become a property owner rather than a rentor, which they feel would enhance and expand their business. 9 Application For Rezonino Rezonina Standards With respect to the subject property, please state the care with which the community has undertaken to plan its land use development: The United City of Yorkville has evidence through prior zonings and encouragement of destination businesses along Route 47 a trend to develop these under-utilized properties and take advantage of the heavy traffic count on Illinois State Route 47. Please state the impact that such reclassification will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes (Ord. 1976-43, 11 -4- 1976): None Attachments Applicant must attach a legal description of the property to this application and title it as "Exhibit A". Applicant must list the names and addresses of any adjoining or contiguous landowners within 500 feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as "Exhibit B". 10 Iall the information in this application is true to the best of my knowledge. 1 understand and accept ents and fees as outlined as well as any incurred administrative and planning consultant fees which ent before this prgject can proceed to the next scheduled committee meeting. I understand all of the information presented in this document and understand that if an application becomes dormant it is through my own fault and 1 must therefore follow the requirements outlined above. J APplicant Signature Date on y� � godY a oVerr INC AuLnorized /Agent THIS APPLICATION MUST BE NOTARIZED PLEASE NOTARIZE IN THE SPACE BELOW: " OFFICIAL SEAL " NOTARY PO B�C, STATE OONLIN013 MY COMMISSION EXPfRES ipJ2p�2pt5 M40 2, aa3 II to err` United City of Yorkville r T county Seat of Kendall County PetWom Account l 9D0 Game farm Road Deposit p �^ Telephone: S3-4 Acknowledgment of Financial :N M1 o Telephone: 3-75 53-4350 Fax: 630-553-7575 Cc w ivebsite: www.yorkvi//e.i/.us Responsibility Development/Property Address: PrOJOCt NO.: FOR CITY USE ONLY Fund Account NO.: FORGITYusE ONLY - Petition/Approval Type: check apprnpriate box(es) of apprm;nl requested ❑ Concept Plan Review Cl Amendment (Text) (Annexation) (Plat) ❑ Annexation O Rezoning D Special Use O Mile and '/: Review • Zoning Variance ❑ Preliminary Plan ❑ Final Plans • P.U.D. ❑ Final Plat Petitioner Deposit Account Fund: It is the policy of the United City of Yorkville to require any petitioner seeking approval on a project or entitlement request to establish a Petitioner Deposit Account Fund to cover all actual expenses occurred as a result of processing such applications and requests. Typical requests requiring the establishment of a Petitioner Deposit Account Fund include, but are not limited to, plan review of development approvals/engineering permits. Deposit account funds may also be used to cover costs for services related to legal fees, engineering and other plan reviews, processing of other governmental applications, recording fees and other outside coordination and consulting fees. Each fund account is established with an initial deposit based upon the estimated cost for services provided in the INVOICE At WORKSHEET PETITION APPLICATION. This initial deposit is drawn against to pay for these services related to the project or request. Periodically throughout the project review/approval process, the Financially Responsible Party will receive an invoice reflecting the charges made against the account. At any time the balance of the fund account fall below cen percent (10%) of the original deposit amount, the Financially Respormible Party will receive an invoice requesting additional funds equal to one-hundred percent (100%) of the initial deposit if subsequent reviews/fees related to the project are required. In the event that a deposit account is not immediately replenished, review by the administrative staff, consultants, boards and commissions may be suspended until the account is fully replenished. If additional fiords remain in the deposit account at the completion of the project, the city will refund the balance to the Financially Responsible Party. A written request must be submitted by the Financially Responsible Party to the city by the 15d, of the month in order for the refund check to be processed and distributed by the 15'0 of the following month. All refund checks will be made payable to the Financially Responsible Party and mailed to the address provided when the account was established. ACKNOWLEDGMENT OF FINANCIAL RESPONSIBILITY Name/Company Name: Address: City: State: Zip/Code: h,0 he -Qn rIVT r nktvo- e 1L CQOS �Ie Mobile: ax: E-mail: (o -.S 3- � � 533- '7 � rL 1 . 0 Financially Responsible Party: Lm c9�/ I acknowledge and understand that as the Financially Responsible Party, expenses may exceed the estimated initial deposit and, when requested by the United City of Yorkville, I will provide additional funds to maintain the required account balance. Further, the sale or other disposition of the property does not relieve the individual or Company/Corporation of their obligation to maintain a positive balance in the fund account, unless the United City of Yorkville approves a Change of Responsible Party and transfer of funds. Should the account go into deficit, all City work may atop until the requested replenishment depuait is received. Print Name: 7�it/Ai1—'y i I-le;)q fkv//� Title: C--r n. O Signature`: � p��i!'ii . _ Date: _ � aaq *The name of the indioidual and the person who signs this declaration moat be the same. If a corporation is listed, a corporate officer must sign the declaration (President, Vice-President, Chairman, Secretary or Treasurer) FOR CITY UBE ONLY ACCOUNT CLOSURE AUTHORIZATION: Date Requested: _ ❑ Completed n Inactive Print Name: _ ❑ Withdrawn ❑ Collections Signature: ❑ Other DEPARTMENT ROUNTING FOR AUTHORIZATION: ❑ Comm Dev, ❑ Building ❑ Engineering ❑ Finance ❑ Admin. 12 h`o cl United City ol' Yorkeille -, o County Seat of Kendall County petitioner Deposit Account 1 900 Game Carm Road Yorkville, Illlnols, 60560 Acknowledgment of Financial •� GI a�`� � Telephone: 630-553-4S53-4 350 Fax: 630-553-7575 CE tom" Website: www.yorkvi//e.i/.us Responsibility Development/Property Address: Project NO.: FOR USE ONLY Fu nd�Account No.:FOR clrY USE 0MY Petition/Approval Type: check appropriate box(es) o/apps ovo/ requested ❑ Concept Plan Review ❑ Amendment (Text) (.Annexat:ion) (Plat) ❑ Annexation ❑ Rezoning O Special Use ❑ Mile and ''/. Review O Zoning Variance ❑ Preliminary Plan ❑ Final Plans ❑ Y.U.D. ❑ Final Plat Petitioner Deposit Account Fund: It is the policy, of the United City of Yorkville to require any petitioner seeking approval on a project or entitlement. request to establish a Petitioner Deposit Account Fund to cover all actual expenses_ occurred as a result of processing such applications and requests. Typical requests requiring the establishment of a Petitioner Deposit. Account Fund include, but are not limited to, plan review of development approvals/engineering permits. Deposit account funds may also be used to cover costs for services related to legal fees, engineering and other plan reviews, processing of other governmental applications, recording fees and other outside coordination and consulting fees. Each fund account is established with an initial deposit based upon the estimated cost for services provided in the INVOICE & WORKSHEET PETITION APPLICATION. This initial deposit is drawn against to pay for these services related to the project or request. Periodically throughout the project review/approval process, the Financially Responsible Party will receive an invoice reflecting the charges made against the account. At any time the balance of the fund account fall below ten percent (10%) of the original deposit amount, the Financially Responsible Party will receive an invoice requesting additional funds equal to one-hundred percent (100%) of the initial deposit if subsequent reviews/fees related to the project are required. In the event that a deposit account is not immediately replenished, review by the administrative staff, consultants, boards and commissions may be suspended until the account is fully replenished. If additional funds remain in the deposit account at the completion of the project, the city will refund the balance to the Financially Responsible Party. A written request must be submitted by the Financially Responsible Party to the city by the 151), of the month in order for the refund check to be processed and distributed by the 15"1 of the following month. All refund checks will he made payable to the Financially Responsible Party and mailed to the address provided when the account was established. ACKNOWLEDGMENT OF FINANCIAL RESPONSIBILITY' ame/Company Name: Address: City: State: Zip Code: e 622/ .rs W4 L T le ono: Mobile: Fa E-mail: r 3� Financially Responsible Party: I acknowledge and understand that as the Financially Responsible Party, expenses may exceed the estimated initial deposit and, when requested by the United City of Yorkville, f will provide additional funds to maintain the required account balance. Further, the sale or other disposition of the property does not relieve the individual or CompanyiCorporation of their obligation to maintain a positive balance in the fund account, unless the United City of Yorkville approves a Change of Responsible Party and transfer of lunds. Should the account on into deficit, all City work may stop until the roquustcd replenishment deposit is received. Print Name: In tt� _�71P.� _ Title:....C. � • . Signature' Date: The name of the individual and the person who signs this declaration mast be the same. if a corporation is tested, a corporate officer must sign the declaration (President, Vice-President, Chairman, Secretary or Treasurer) FOR CITY.USE.ONLY _ ACCOUNT CLOSURE AUTHORIZATION: Date Requested: _ 0 Completed ❑ Inactive Print Name: _ ❑ Withdrawn ❑ Collections Signature: ❑ Other DEPARTMENT ROUNTING FOR AUTHORIZATION: ❑ Comm Dev. ❑ Building ❑ Engineering ❑ Finance ❑ Admin. 9 EXHIBIT " A" Legal Description THAT PART OF THE SOUTHWEST QUARTER OF SECTION 28, MERIDIAN BEING DESCRIBEp qS FOLLOWS; BEGINNING AT THE SUBDIVISION; THENCE NORTH TOWNSHIP 37 NORTH, RANGE 7 EAST OF TH OF 178.69 FEET; THENCE NORTH788 DEGREES S MINUTES 15 SECONDS WEST SOUTHEAST ORNER OF E THIRD PRINCIPAL ILLINOIS ROUTE NO, DESCRIBED GREES 30 MINUTES 45 SECONDS E LONG THE EAST L NE OF SAID UNIT UNIT SIX AYDISTANCE ALONG SAID W 47 AS WAY LINE By ORDER VESTING TITLE PER AST 382'91 FEET TO THE WEST RIGHT SOUTH 18 DEGREES 15 MINUTES LINE HAVING A RADIUS OF 749.89 FEET, A D STANCE OF OW00 FEET W R HT OF WqY LINE SECONDS EAST FROM TH 7E5 43 SECONDS WEST 189.84 FEET TO A LINE DRAWN 0037 FE THENCE SOUTHWESTERLY THE POINT OF BEGINNING, IN BRISTOL BTOWN H P gryp HOSE CHORD SEARS THENCE SOUTH 88 DEGREES 30 MINUTES 45 SECONDS WEST 318 94 FEET TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. ADJOINING OWNERS TO THE PROPERTY OF PARCEL No. 02-28-303-026 & 02-28-303-027 02-28-303-022 Yorkville, IL 60560 Lue Haig PO Box 144 02-28-327-019 Plano, IL 6056 Tony Gilchrist 206 Walnut 02-28-303-009 Yorkville, IL 60560 Matt 6 LLC C/O Sikich Gardner 02-28-327-013 1415 W. Diehl Road Philip and Renee Haugen Naperville, IL 60560 208 Walnut Street Yorkville, IL 60560 02-28-329-045 Earthmover Credit Union 02-28-327-018 2195 Baseline Road Robyn Dennis Williams Oswego, IL 60543 205 Jackson Street Yorkville, IL 60560 02-28-329-032 Yorkville Walnut Plaza, LLC 02-28-327-007 PO Box 5010 Don and Laurel Williams Vernon Hills, IL 60061 207 Jackson Street Yorkville, IL 60560 02-28-329-013 Longford Lakes Condo HOA 02-28-303-024 2208 Midwest Road William Schneider Oak Brook, IL 60523 807 N. Bridge Street Yorkville, IL 60560 02-28-327-021 02-28-327-005 02-28-303-023 Michelle Augustyn Laraine & Marian Griswold 906 Bristol Road 805 N Bridge Street Yorkville, IL 60560 Yorkville, IL 60560 02-28-327-022 02-28-303 -021 02-28-327-023 Peter & Cheri Lodestro First National Bank DeKalb 35 Lexington Circle 210 E. Jackson Street Yorkville, IL 60560 Yorkville, IL 60560 02-28-303 -025 02-28-327-020 Brett & Cara Behrens Donna Diehl 801 N. Bridge Street 204 Walnut Street Yorkville, IL 60560 Yorkville, IL 60560 02-28-302-008 United City of Yorkville 02-28-303-002 800 Game Farm Road John Weber Yorkville, IL 60560 1102 Sunset Street Yorkville, IL 60560 02-28-302-007 Darin & Andrea Peterson 02-28-303-003 1005 Sunset Martin & Araceli Benitez Yorkville, IL 60560 1012 Sunset Yorkville, IL 60560 02-28-302-006 Frietsch Family Trust 02-28-303 -004 1007 Sunset Carmelo & Letica Perez Yorkville, IL 60560 1010 Sunset Street Yorkville, IL 60560 02-28-303-018 Patrick & Karin Dowd 02-28-303-005 1006 Sunset Adan & Ana Arriaga Yorkville, IL 60560 1008 Sunset Yorkville, IL 60560 02-28-303-004 Mark John Dec. of Liv. TR. & 02-28-352-028 Ruth Johnson Dec. of Liv.TR. 02-28-352-029 204 Georgeanna Dennis & Julie Knuaf Yorkville, IL 60560 910 N. Bridge Street Yorkville, IL 60560 02-28-303-003 Wallace III & Nancy Ellen 02-28-352-024 206 Georganna I " National Bank DeKalb Yorkville, IL 60560 Real T Properties PO Box 1010 02-28-303-002 Westmont, IL 60559 Ronny Scott 208 Georganna 02-28-352-027 Yorkville, IL 60560 Homan & Donna Horton 306 King Street 02-28-303-001 Yorkville, IL 60560 Ardis Lee 210 Georganna Logan Kraber Yorkville, IL 60560 805 Bristol Avenue Yorkville, IL 60560 02-28-303-001 Maria Lopez & Sean Ogara 1104 Sunset Street 1010=,r q ;1008 - IF 7 z i -I k• rk��_— l a 3 w* - Walnut t y tt F 805 = ' f 91 � _ F - ++ X t 47 �►r._ CO 803 801 �►� �_ �, - `�'� � � —Jackson-St - United City f Yorkville GIS The Data is provided without warranty or any representation of V`•. Y r i m l i n r m l n it i h responsibility f h cu ac t ess o co ete ess s t e o the Y. P Parcel Data and Aerial Photography Reque "to determine accuracy,timeliness,completeness,and Wd`1r, Provided By Kendall County GIS appropriateness of its use. The United City of Yorkville makes no warranties,expressed or implied,to the use of the Data. S PLAT OF ANNEXATION OF THAT PART OF THE SOUTHWEST QUARTER OF SECTION 28,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF r LOT 63 OF UNIT SIX,COUNTRYSIDE SUBDIVISION;THENCE NORTH 01 DEGREES 24 MINUTES 15 SECONDS WEST ALONG THE EAST LINE OF SAID UNIT SIX,A DISTANCE OF 178.69 FEET;THENCE NORTH 88 DEGREES 30 1 V MINUTES 45 SECONDS EAST 362.91 FEET TO THE WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE NO.47 AS DESCRIBED BY ORDER VESTING TITLE PER DOCUMENT NO.201200000538;THENCE SOUTHWESTERLY ALONG SAID WEST RIGHT OF WAY LINE HAVING A RADIUS OF 749.89 FEET,A DISTANCE OF 190.37 FEET,WHOSE CHORD BEARS SOUTH 18 DEGREES 15 MINUTES 43 SECONDS WEST 189.84 FEET TO A LINE DRAWN NORTH 88 DEGREES 30 MINUTES 45 SECONDS EAST FROM THE POINT OF BEGINNING;THENCE SOUTH 88 DEGREES 30 MINUTES 45 SECONDS WEST 318.94 FEET TO THE POINT OF BEGINNING,IN BRISTOL TOWNSHIP AND THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS. 0' 41 80' 120' SCALE 1"=40' STATE OF ILLINOIS) C� )SS COUNTY OF KENDALL) 02-2&303418 ss>r THIS IS CERTIFY THAT THE TERRITORY DESCRIBED AND SHOWN DOM PATRICK&KARIN HEREON WAS INCORPORATED INTO AND MADE A PART OF THE ZONER-2 02-2ea03422 UNITED CITY OF YORKVILLE,ILLINOIS BY ORDINANCE NO. H LOT ZOGE OUR HAG, B4 ,ADOPTED BY THE MAYOR AND CITY COUNCIL OF H THE UNITED CITY OF YORKVILLE,ILLINOIS,THIS DAY OF 65 ,2013. ` tip EXISTING CORPORATE LIMITS I � CITY CLERK DE 0 S�8/// / 5.831 LOT W JI 02-28-329432 64 YORKVILL LH3E WALNIfr PLPZA Z � ZONE:63 "HEREBY ANNEXED" *\-IY Bn4i1rA,"hLiir � BRIDGE ST. 02-2 8-303-008 (VACANT LOT) " PFIST ,1 20NE.R-2"ALPH III&MA ^ Ua i= 1.4573 ACRES H Vter-01 Pky LOT i< EXCEPTION LE ORDER (I '� 63 /m� #2014 00 0530 PER DOC / j : to sUR 51 u3 " celmmw l+ /p fl B I� u — DEE S.88"30'45" MEA$ S.BB°31'34"W. 31B 94 / 02-23x9021 AUCDSTYN,MICHELLE ZONE:R-2 D EXISTING CORPORATE LIMITS !t 0-28 w Walnuts! SCHNPI34x4 ry Walnul St scHNEIDER,WILLIAM C SURVEYOR'S CERTIFICATE ZONE:8 3 N LOCATION STATE OF ILLINOIS ) M E JysBSVOSt )ED �J COUNTY OF KENDALL) Welcnm THIS IS TO CERTIFY TO THE CLIENT, STUART WEIRDER,THAT I,RONALD D.BAUER,AN ILLINOIS PROFESSIONAL LAND binc`J I'' amis Alwo:� rgoex(�11iQu SURVEYOR IN AFORESAID COUNTY AND STATE,HAVE COMPLETED A PLAT OF ANNEXATION ON THE GROUND OF THE / PROPERTYHEREON DESCRIBED.THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT ILLINOIS MINIMUM LOCATION MAP STANDARDS FOR A PLAT OF ANNEXATION AND THAT THE PLAT HEREON DRAWN REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY.THIS SURVEY DOES NOT CONSTITUTE A RECORD TITLE SEARCH AND ALL EASEMENTS AND OR (NOT TO SCALE) SETBACKS SHOWN ARE EITHER THOSE DESIGNATED ON THE RECORDED SUBDIVISION PLAT OR THOSE PROVIDED TO US BY OTHER DOCUMENTATION.NO ATTEMPT HAS BEEN MADE TO OBTAIN OR SHOW DATA CONCERNING EXISTENCE OF PUBLIC UTILITIES OR STORM WATER RUNOFF EITHER ONTO OR OFF FROM THE SITE.. GIVEN UNDER MY HAND AND SEAL AT PIANO,ILLINOIS THIS 3rd DAY OF MAY,2013 A.D. ILLINOIS PROFESSIONAL LAND SURVEYOR#2352 REGISTRATION EXPIRES 1"0-2014 RB & ASSOCIATES REFER ED&ASOCIATES CURRENT INSURANCE POLICY OTHEED. THIS ETHANDRAWING IS THE PROPERTY OF CONSULTING, INC rbac RB 8 ASSOCIATES CONSULTING,INC.AND SHALL NOT BE USED FOR ANY OTHER PURPOSE THAN SDRAW NH Is NOT WITHOUT THE WRITTEN CONSENT OFAN AUTHORIZED AGENT OF RS&ASSOCIATES CONSULTING,INC..THIS DRAWING IS NOT CONSIDERED TO BE ORIGINAL UNLESS THE SURVEYOR'S SEAL IS AN IMPRESSED SEAL OR DISPLAYED IN RED INK. 980 4WMAIN STREET DESIGN FIRM# PIANO,IL 60545 184-004475 I ftEVISEDJUNE24,2013 (630)552-7452 www.rb-associates.net DWG#2013-14411-001 B(ANNEX) PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2013-05 NOTICE IS HEREWITH GIVEN THAT, Priority Health and Body Makeover, Inc., petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting to annex and rezone land located in unincorporated Kendall County from the County's B-3 Highway Business District to the United City of Yorkville's B-2 General Business District. The real property consists of two (2) parcels totaling approximately 1.5 acres generally located immediately west of North Bridge Street (IL Route 47),just north of Walnut Street in Kendall County, Illinois. The legal description is as follows: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 63 OF UNIT SIX, COUNTRYSIDE SUBDIVISION; THENCE NORTH 01 DEGREES 24 MINUTES 15 SECONDS WEST ALONG THE EAST LINE OF SAID UNIT SIX, A DISTANCE OF 178.69 FEET; THENCE NORTH 88 DEGREES30 MINUTES 4 SECONDS EAST 382.91 FEET TP THE WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE NO. 47 AS DESCRIBED BY ORDER VESTINGTITLE PER DOCUMENT NO. 201200000538; THENCE SOUTHWESTERLY ALONG SAID WEST RIGHT OF WAY LINE HAVING A RADIUS OF 749.89 FEET, WHOSE CHORD BEARS SOUTH 18 DEGREES 15 MINUTES 43 SECONDS WEST 189.84 FEET TO A LINE DRAWN NORTH 88 DEGREES 30 MINUTES 45 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 88 DEGREES 30 MINUTES 45 SECONDS WEST 318.94 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP AND THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. PIN #02-28-303-019; 02-28-303-020 NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City of Yorkville will conduct a public hearing on said application on Wednesday, July 10, 2013 at 7 p.m. at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, 60560. The public hearing may be continued from time to time without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. BETH WARREN City Clerk BY: Lisa Pickering Deputy Clerk Memorandum 0 To: City Council 1es6 Esr. From: Krysti J. Barksdale-Noble, Community Development Director 1 `= CC: Bart Olson, City Administrator Date: July 18, 2013 TE Subject: PC 2013-04—Priority Health & Body Makeover Kendae counTy �� Public Hearing regarding Petition for Annexation <kE '►�' Petitioner's Request & Background: The petitioner is seeking to annex an approximately 1.5-acre property located west of IL Route 47, just south and adjacent to the Sunset Hotel (see attached map) to within the City of Yorkville's corporate boundaries. The property, which consists of two (2) unimproved parcels, currently is zoned B-3 Highway Business District in unincorporated Kendall County, Illinois. The ultimate goal of the petitioner is to rezone the land to within Yorkville's B-2 General Business District for the purpose of developing a medical office building. According to the Kendall County Zoning Ordinance, uses within the B-3 Highway Business District are similar in classification as uses in the proposed B-2 General Business District which identifies office, business and professional uses, including medical clinics, as permitted uses.1 Although the character of the proposed future development of the property for a medical office building is highly consistent with uses already permitted per the County's designation, annexation into Yorkville's corporate boundaries gives the City control over the building and bulk regulations. While the City Council is only considering the petition for annexation at this time, the rezoning request has been reviewed by the Plan Commission during a public hearing process at their July 10`x' meeting and a recommendation is forthcoming for City Council consideration and action at the August 1P council meeting. Annexation Agreement Request Attached is a copy of the Petitioner's draft annexation agreement, which has been reviewed by the City Attorney. The basic provisions provided in the agreement generally cover the following: 1. Legal Conformance with all applicable city ordinances — the petitioner is not seeking any variances, relief from or special consideration of any ordinances, with the exception of on- site marketing signage (see#8). 2. Compliance and validity—the terms of the annexation agreement are shall be valid upon the annexation and rezoning of the property to within the B-2 General Business District. 3. Enactment of an Annexation Ordinance — Requires an ordinance approving the rezoning of the property to B-2 within 21 days after passage of the annexation agreement. 4. Compliance with applicable ordinances — agreement that if ordinances are amended or new ordinances are adopted after the date of adoption of this agreement, that the subject property is treated equally like any other affected property similarly zoned or situated. 5. Permit Fees—developer agrees to pay all permit fees as currently required, and requests that as permit fees increase, from time to time, they are equitably applied to all other developments. 1 http://www.co.kendall.il.us/zoning/zoning ordinance/PBZ_zoning e09.pdf 6. Contributions — no impact fees will be required (i.e. park or school land/cash fees, school transition fees, transportation fees, etc.) since this is not a residential development. 7. Mass Grading &Preparation of Property for Development—permits the developer to make necessary site preparations, per city standards and ordinances, necessary for building construction. 8. Development Marketing Signage — allowance of one (1) illuminated double-faced 4'x12' sign on the property along the frontage adjacent to IL Route 47 announcing the development of the property as a medical building until certificate of occupancy of the building. 9. Oversizing of Improvements — Standard provision allowing for recapture if oversizing of public utilities which will benefit properties other than the subject property occurs as part of the development. 10. Recapture Agreements — City agrees if there are any benefiting parties of oversized public utilities that a recapture agreement shall be entered into. 11. Encumbering the Property —An easement agreement has already been entered into with the current property owner for the City to extend sanitary sewer service as part of IDOT's Route 47 construction project which will benefit the subject property as well as other properties located to the north. The owner is acknowledging that the City has a right to recapture from the owner for the proportionate share for the sanitary sewer extension. 12. Onsite Easements & Improvements — Provision allows for cooperation on the City and Owners part should existing easements need to be granted, vacated and/or relocated for the future development of the property. Peripheral Considerations While the City Council is considering the petitioner for annexation at this public hearing, the proposed future land use and zoning, as requested in the annexation agreement, has also been analyzed by staff. Below is a land use and zoning chart of adjacent properties to the subject property: Existing Zoning Existing Land Use Comments North B-3 Service Business District Commercial Sunset Hotel South B-3 Service Business District Commercial Aqua Paving and Construction located at 807 N.Bridge Street. East B-3 Service Business District Commercial Retail Strip Development;Intervening Transportation Land Use(IL Rote 47). Residential properties located at 1004 West R-2 One-Family Residential District Residential and 1006 Sunset Avenue.Dense line of vegetation between subject property and residences. Comprehensive Plan The property is located within an area designated as "Commercial" within the 2008 Comprehensive Plan Update. The intent of the commercial designation, according to the Comprehensive Plan, is to promote market-sensitive development with an emphasis on retail, service, restaurant and entertainment-based uses. Staff Comments: According to Section 10-4-5 of the City's Zoning Ordinance, all petitions for annexation upon approval will be automatically classified in the R-I One-Family Residence District until otherwise requested for rezoning before the Plan Commission. In the interest of time, the Petitioner has filed concurrent applications for annexation and rezoning. As mentioned previously, the Plan Commission's recommendation will be forwarded to the City Council for consideration at the August 13, 2013 meeting. Attachments: 1. Copy of Petitioners' Application w/attachments. 2. Aerial of Subject Property. 3. Plat of Annexation,prepared by RB &Associates Consulting,Inc., date revised June 24, 2013. 4. Copy of Public Notice. STATE OF ILLINOIS ) COUNTY OF KENDALL ) ANNEXATION AGREEMENT, Formatted:No underline Formatted:Font:Bold,No underline C;' \ Formatted:No underline THIS ANNEXATION AND PLANNED i NED i INIT DE-VELOP M AGREEMENT . Formatted:Font:Bold (`Agreement"), is made and entered into as of the_day of , 2013,by and between Formatted:No underline CASTLE BANK N.A., A DIVISION OF FIRST NATIONAL BANK OF OMAHA (the Formatted:Font:Not Bold hereinafter-ref v..°a to as ,OWNER"), PRIORITY HEALTH AND BODY MAKEOVER INC. Formatted:Font:Not Bold the as--"DEVELOPER") and the UNITED CITY OF YORKVILLE, a municipal corporation Formatted:Font:Not Bold organized and existing under and by virtue of the laws of the State of Illinois (the hefeinafter Fefefred to as by and through its Mayor and City Councils (the ;Corporate Formatted:Font:Not Bold Authorities"). Formatted:Font:Not Bold ncx>1.rnn and DENLE OPE a CITY s—herein€ter re€erred to ��mz-n--irm-cis- i-crr-L-n--ia:c� �'tre sometimes individually as a"n° and eelleetively-as theme WITNESSETH: Formatted:Centered Formatted:No underline WHEREAS,the A—OWNER is the owner of a certain tract of property comprising 1.4573 acres legally described and identified in the Petition for Annexation, which is attached hereto as Exhibit A,(the"PROPERTY")which exhibit is made a part hereof and which real estate is contiguous to the corporate limits of the CITY; and, n DEALEr W-E is *he OWNER of r-eeor-d of oeftain par-eels of real estate legally deseribed aad shoym on the Plat of An ne3Eatien, attaehed hereto as Exhibit"W(hereina€ter re ferred to "SuBjECT PROPERTY"). 1 WHEREAS,B. theOI WER an DEVELOPER is the contract purchaser and desires to annex the to the CITY for the purposes of developing gene medical office building;and WHEREAS, OWNER and DEVELOPER request that the SUBJECT PROPERTY be zoned B-2 General Business District under the provisions of the City Zoning Ordinance("Zoning Ordinance"). WHEREAS,C. OWNER and DEVELOPER desire to proceed with the development thereof for-medical office building use in accordance with the terms and provisions of this Agreement. WHEREAS,O. OWNER and DEVELOPER desire and propose pursuant to the provisions and regulations applicable to the B-2 General Business District of the Yorkville Zoning Ordinance to devel^^ the PROPERTY in aceer-dance with and . pA to ., eeft..:,, Pfelifninafy Development Plan prepared by and dated as last Fevised .,hieh is.,aaehed a �n;and. WHEREAS, it is the desire of the parties that the development and use of the PROPERTY proceed in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreementsequest that the SUBJECT PROPERTY be zoned B 2 General Business District under the provisions of the City Zonin WHEREAS,E A&-public hearings,as required by law,have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning on-July 10 2013 and the Corporate Authorities. The City Gounei' conducted the public hearing on this Aannexation agreement on July 23 2013. WHEREAS, .E The PARTIES UTIES have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code regarding matters in this Agreement have been jZiven. WHEREAS,F. The Corporate Authorities, after due and careful consideration, have concluded that the execution of this Agreement and the re-zoning and development of the 2 eT TTY —PROPERTY as provided for herein,will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. H. /:l Eaeh ..a#y agfees that it is in the best interests of the OWNER an DEVELOPER and the CITY to annex and de elop the SUBJECT PROPERTY the �A#aehed Exhibit"A" as-a-medieal effie-e building ing establ:.,hi g .. unique ,.1.,fact.... iH «F .:tl, the,Unite City Of VEWIEV410 G0fflPr-0he4;SiV0-,-PI a". /::\ The C'TTT]TECT PROPERTY is en4i.,,,.,,s to the e r to 1.etmi7ar es of the CITY. i. it is the desife of the PARTIES tha4 the development and use of the SUBJECT this Agreement, and be subjeet to the applieable or-dinanees, eedes and regulations of the CITY- j. The 03ALNER and DEVELOPER and their- o ent..tiyes have ,disused the proposed annexation and have had publie hearings vvith the Plan Conunission and the City held to eonsider this Agreement, as requifed by the statutes of the State of 111ineis in stleh ease Fliade and previ ed. NOW,THEREFORE,in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the pParties hereto agree as follows: to efi. r- :..t,. t, Formatted:Font:Not Bold AgFeement and to supplement it with the Petition feF Zoning—and'Am-nemation to be appr-eved by Formatted:Indent:Left: 0",First line: 0", Numbered+Level:1+Numbering Style:1,2, the City Couneil upen the following teFms and conditions and in eensider-ation of the var-i 3,...+Start at:1+Alignment:Left+Aligned o.,t�......,ao between tt,o,....-t:o�. at: 0.5"+Indent at: 1.5",Tab stops:Not at • 1.5. Formatted:Font:Not Bold Formatted:Font:Not Bold,No underline L ��EGAL CONFORMANCE WITH LAW; t Formatted:Font:Not Bold This Agreement is made pursuant to and in accordance with the provisions of Section 11-15.1-1 Formatted:Font:Not Bold of the Illinois Municipal Code (65 ILCS 5111-15.1-1 et seq.) and the CITY ordinances, as Formatted:Font:Not Bold Formatted:Indent:First line: 0",Tab stops: Not at 1.5" 3 amended from time to time. The above whereas clauses are hereby made a part of this Agreement by incorporation into this para rg aph. 2. AGREEMENT:COMPLIANCE AND VALIDITY Formatted:Font:Not Bold The OWNER has filed with the City erk a proper petition,Exhibit A,applieable p-,..•isio. eft. Formatted:Indent:Left: o",First line: 0", }' p p p � Numbered+Level:1+Numbering Style:1,2, tL.o nl:..,.:s r,......ao,l et.,ti,.e.. and tt,o nl:n,,:., r,.«....a,.t:,.., 3,...+Start at:1+Alignment:Left+Aligned conditioned on the execution of this l at: 0.5"+Indent at: 1.5",Tab stops:Not at 1.5" Agreement and the compliance with the terms and provisions contained herein, to annex the Formatted:Indent:First line: 0",Tab stops: PROPERTY to the CITY. It is understood and agreed that this Agreement in its entirety, Not at 1.5" together with the aforesaid petition for annexation, shall be null,void and of no force and effect unless the PROPERTY is validly annexed to the CITY and is validly zoned and classified in the B-2 General Business District as contemplated in this Agreement. 3. ENACTMENT OF ANNEXATION ORDINANCE - Formatted:Indent:Left: 0",First line: 0", Numbered+Level:1+Numbering Style:1,2, 2.The Corporate Authorities within 21 days of the execution of this Agreement by the- 3,...+Start at:1+Alignment:Left+Aligned at: 0.5"+Indent at: 1.5" CITY will enact a valid and binding ordinance (the "Annexation Ordinance") annexing the Formatted: No bullets or numbering PROPERTY to the CITY. Said Annexation Ordinance shall be recorded with the Kendall County Recorder's Office along with the Plat of Annexation, attached hereto and made a part hereof as Exhibit C. Recordation shall take place no more than 30 days after enactment of the Annexation Ordinance. Formatted:No underline following the exeetition of this Agreement,the Corporate Au4herifies shall adopt stfeh or-dinanees Formatted:No underline Formatted:No underline as may be neeessafy and appropriate to annex and rezone the Stibjeet Pr-opefty tmder- Formatted:No underline appropriate provisions of the City Zaiiing Ofilinanee("Zoning Ordinanee"). Formatted:No underline F- Formatted:Tab stops: 0",Left+Not at 1.5" �— Formatted:Line spacing: 1.5 lines,Tab stops: 0.5",Left+Not at 0.75" 34 u> A TTrN e ND E,ICITN cENACTMENT OF ZONING ORDINANCE _Within 21 days after the passage of the Annexation Ordinance, the Corporate Authorities shall Formatted:Font:12 pt adopt a valid and binding ordinance zoning the PROPERTY in the B-2 General Business District subject to the restrictions further contained hereill and all applicable ordinance of the CITY as ,, Formatted:Font:12 pt amended from time to time. development of the P-ROPERT-M in Re Formatted:Line spacing: 1.5 lines,Tab stops: 0.5",Left+Not at 0.75" with. D«„lifni«.afy Tl...,,,1,.......ent Plan att....hed Exhibit B and /7«...,.«t „thef iViQI Q I[GIIIIIIIIU[� DGS GIDlJ2[IGIIC IiCiiI UCCUGIIGQ Qj D]S[[IDIC D QQQ �IIIaGI[ OCIIGI 4 pr-eliminary plans, if anv4 ERING. OWNER and- DEV-PLOPER agree that tahte S-1-M-TE-C-T Formatted:Font:Not Bold,No underline subsequently amended, unless othem4se provided for herein, and agree to follow all of «„lieie..and ..0.7,,.-0s of the CITY. Formatted:Line spacing: 1.5 lines,Tab stops: 1.06",Left+Not at 0.75' ,45. A.COMPLIANCE WITH APPLICABLE ORDINANCES Formatted:Font:Not Bold The OWNER and DEVELOPER agree to comply with all ordinance of the CITY as amended Formatted:Font:Not Bold from time to time in the development of the PROPERTY, provided that all new ordinances, amendments, rules and regulations relating to zoning,building and subdivision of land adopted after the date of this Agreement shall not be arbitrarily or discriminatorily applied to the PROPERTY but shall be equally applicable to all property similarly zoned and situated to the extent possible. , Formatted,Font:Not Bold,No underline Formatted:Font:Not Bold 6. PERMIT FEES Permit fees may be increased from time to time so long as said permit fees are applied consistently to all other developments in the CITY to the extent possible. The DEVELOPER, in developing the SUBIECT PROPERTY, agrees to de nd install a4 its expense,sttbj eet to the right of reeovety of eeftain on site and off sit water- systeffi aiid roadway a ents. DEVELOPER agrees tba4 any &Etenstieft with existing GATY subdivision feg�ala4iafis as iffiedified by this AgFeement. Any en site vver-k and- Ohe, en-St theartoof -shad-1- be, the responsibility of the DEVELOPER, exeept as othem4se provided in this Agreement. The CITY agrees to assist the DEVELOPER to obtain necessary Formatted:Font:Not Bold B. Pufsumt to written Easement Agreemen4 previously entered into by pr-iE)F OWNER of the Subjeet PrapeFty and the United City of YeAville,it is antieipated that t United City of Yorkville would ea-use sanitarY to be extended westerly aefess 5 RAutp 47 fren; a manhole,fl;At is euFferAly jocated in or-near the Ri& of Way of Walnut Str antieipated that the United City of YeAwille would extend that sanitary sewer main nofth ..the west side,.0 Route 4 7 that e „tly laek..� ..:t.,...,.. Toward thm end nxOiE and DEVELOPER tinder-stand that the Unit City of YoAwifle, shall have. –Fi ri& to reEfair-e as pEfft E)f this Agreement a Reeaptur-e as to 0 eost of said public impfovement,sinee OWNER and DEVELOPER will only be a portion of be efitting p eF fies to tha4: „t 5. QTi C-U4UTV!NSTDTTAiiTi NTI Formatted:Line spacing: 1.5 lines A. Posti. e,,.wit., OWNER and D V>rr PER shall deposit, e to be ao aoa r_._ Formatted: No bullets or numbering A.A.6th the CITY maph irrevAsAble, ItMen; of oredit oF swety bonds ("Security instruments") te pai4 of the development of the Subjeet Pr-operty. The DEVELOPER shall I;FIvP' thp, sole diseretion, subjeet to complianee with 111inois Compiled Statutes, as to whether- an iffevoeable letter of e fe.l:t or fety bond will be used as the s .-:t.,:«..tndme ts 6. AMENDMENTS TO ORDINANCES. All efdiftafiees, fegWatiefis, and e0des of CITY,ifieltiding,without kFaitation these pei4aining to subdivision eontr-ols,zoning,stofm wateF fnafiage-ment and drainage, eomprehensive land use plan, —and– relaked– rest-Fietions, as they presently exist, exeept as amended, varied, or- modified by the tefFas of this Agr-eemen4, shaI4 apply toil'eSTv BjECT PROPER TV Mind-its; development The S BjEC'T PROPERTY and:ts e and eodes of the CITY in ekistenee on or adopted after-this agreement t-akes-e€€eet. Formatted:Widow/Orphan control,Tab stops: 0.5',Left+ 1.5',Left+ 2",Left+ 2.5",Left + 3",Left+ 3.5',Left+ 4",Left+ 4.5",Left + 5',Left+ 5.5',Left+ 6",Left+ 6.5',Left 6 7. BUILDING !`ODE The building o- °s ibv Hhe rT�reaffi o &o of the, d ate, of thc'9 regulations as they ffeSently exist, except as amended, va-ried, OF fnedified by the tefMs Of A gFeemen4 shall apply to the S B ECT PROPERTY TV F em the date of this A gFee. eR4 if-,diffiRg the tefm of this Agr-eefnent,any existing,amended,modified OF HeW eFdiflafiees,e Formatted:Widow/Orphan control,Tab stops: 0.5,Left+ 1.5,Left+ 2",Left+ 2.5",Left or r-epla4ions affeeting the development and/of eonstmetion of any improvements, buildings-, + 3",Left+ 3.5,Left+ 4",Left+ 4.5",Left + 5",Left+ 5.5,Left+ 6",Left+ 6.5",Left CITY'S boundaries, then the benefit of sueh less rp.4ristive f-equir-ements shall inufo to the benefit of the 0AWER and DEVELOPER, and aa54hing to the eentfa�, 06fitained hefein notwithstanding,the OWNER and DEVELOPER may proeeed with developmetA of eenstru upon the SUBjECT PROPERTY ptifsuant to the less restr4etive amendment er- modification appheable genefally to all pfopefties within the CITY. Notwithstanding the pfevisions E)f this Agfeement, all national amendments, deletions, of additions to fhe,building eedes of the CITY pertaining to life/safety eensider-ations adopted aftOF the, date, of this Agfeement whied; af-feets all land- v'44iii; the CITY, shall be appheable to the SUBJECT PROPERTY. Formatted:Font:Not Bold ==:;FEES AND GHAPG9$, The CITY shall impose upon and eolleet fFofn the ONV140R and/or DEVELOPER, and their r atefs and s"pliers, only those permit, lieense, Formatted:Font:Not Bold,No underline Formatted:Font:Not Bold,No underline tap on and eonneetion fees and ehafges,and in sueh amotint or at such rate,as are in effeet and as Formatted:Font:Not Bold,No underline is gefiefally applied thfoughout the CITY. Formatted:Font:Not Bold,No underline 79. CONTRIBUTIONS,-. Formatted:Font:Not Bold Formatted:Font:Not Bold The CITYity shall not require the OWNER orand DEVELOPER to donate any land or money tom Formatted:Font:Not Bold,No underline the CITY,or any other governmental body,since the cProperty is being used for business Formatted:Font:Not Bold Formatted:Tab stops: -0.94",Left+Not at purposes... Except as otherwise provided in this Agreement,the CITY shall not require that any 6"+ 6.5" part of the PROPERTY be dedicated for public purposes including the exercise of the authority granted in Section 5/11-12-8 of the,Illinois Compiled Statutes 165 ILCS 5/11-12-8). Formatted:No underline Formatted:Tab stops: 6",Left+ 6.5,Left+ Not at -0.94" 849- �VIASS GRADING AND PREPARATION OF PROPERTY FOR, t, —(Formatted:Font:Not Bold DEVELOPMENT-. A Formatted:Left Formatted:Font:Not Bold The DEVE OPE The DEVELOPER shall, at its own risk, have the right, prior to obtaining Formatted:Font:Not Bold,No underline approval of final engineering drawings and prior to approval of a Building Permit being issued, \ Formatted:Font:Not Bold,No underline to undertake: mass grading work, stormwater detention, filling and soil stockpiling on the Formatted:No underline property in preparation for the development of the property upon city approval of a grading plan and soil erosion plan,and compliance with all other items required by the city's sail eFosien and Formatted:Small caps Se,di..mant es-44.-..I .�.-.�..+...+..°Stormwater Mana ement Ordinance. , Formatted:Heading 9,Line spacing: 1.5 lines,Tab stops: 0.5,Left F Formatted:Font:Not Bold,Small caps Formatted:Small caps Formatted:Justified Formatted:Font:Not Bold,Small caps 41. -,0VERS1ZP!G OF rr,rnnnVEMEN''T$_ N Trm EVENT .,VERSIZP4 ?, D ,,,,,,,,,,,,,,,iG C) Formatted:Font:Not Bold,No underline, Small caps Formatted:Font:Not Bold,No underline, Small caps Formatted:Font:Not Bold,No underline, E,.. n Fe k PT-uRE A: SAS _PARAC_,RAPii 14 , wI-T j Small caps Formatted:Font:Not Bold,No underline, Small caps Formatted:Font:Not Bold,Small caps Formatted:Small caps Formatted:Font:Not Bold,Small caps v.,RKAI..r F, r C'UMECT Unr.nnnTV Formatted:Font:Not Bold • Formatted:Justified Formatted:Justified,Tab stops: 0.5",Left+ Not at 1.06' 9. J-2. pEVELOPMENT MARKETING SIGNAGE, Formatted:Font:Not Bold Formatted:Font:Not Bold,No underline =DEVELOPER may install and maintain4)one (1) illuminated double-faced four(4') foot by- Formatted:Font:Not Bold twelve(12')foot sign at the front of the Subjeet Property contiguous to Illinois Route 47 until a Formatted:Justified Formatted:No widow/orphan control,Tab certificate of occupancy is issued for the medical building on this PROPERTY. stops: 1.06",Left+Not at 0.5"+ 1.5"+ 2" + 2.5"+ 3"+ 3.5"+ 4"+ 4.5"+ 5"+ 5.5" Formatted:Font:Not Bold Formatted:Font:Not Bold,No underline Formatted:Font:Not Bold,No underline Formatted:Font:Not Bold,No underline �3. �7WITATIONS, In no event,ineluding,without limitation,the exereise of the authefity ,�% Formatted:Font:Not Bold,No underline Formatted:Font:Not Bold Formatted:No underline 8 CITY r-equiFe that ., ,..,,-t of the, C'T Tl2 TT7 C`T D-RO-PE)TV be, dead-ie—nte- f publie puFposesj 10.. .OVERSIZING OF IMPROVEMENTS. — Formatted:Font:Not Bold In the event oversizing,deepening,or the location of public improvements is hereafter requested Formatted:Font:Not Bold,No underline Formatted:Font:Not Bold,No underline and properly authorized by the CITY for the purpose of serving property other than the Formatted:Font:Not Bold,No underline PROPERTY, the CITY shall enter into a Recapture Agreement, as defined in Paragraph 11 Formatted:Font:Not Bold,No underline hereof,with DEVELOPER providing for the payment of the cost of such oversizing, deepening or location by the OWNER of properties benefited by the same. The improvements which qualify as benefited properties shall be identified prior to the United City of Yorkville issuing a building permit for the Property. 114. RECAPTURE AGREEMENTS,-. Formatted-Font:Not Bold F_ A. Benefiting the eT TAT PROPERTY. Formatted:Font:Not Bold Formatted:Font:Not Bold,No underline The CITY agrees that in accordance with r T Section 5/9 5 1 etseq. 11-12-8 of the Formatted,Font:Not Bold,No underline Bois Compiled Statutes,(65 ILCS 5/11-12-8)2002 Edition,the CITY shall enter into recapture Formatted:Font:Not Bold,No underline agreements with the OWNER and DEVELOPER for a portion of the costs of certain public Formatted:Font:Not Bold,No underline Formatted:Font:Not Bold improvements constructed by OWNER and DEVELOPER which the CITY has determined may Formatted:No underline be used for the benefit of property(the`,Benefited Properties")not located within the S BjECT Formatted:No underline PROPERTY which will connect to and/or utilize said public improvements. Formatted:Font:Not Bold The CITY aggfess to allow DEVELOPER to eelleet interest on any reeapWre fees to the DEVELOPER at sk peFeefit a B. -TriCUmbering the SUMEGT PROPERTY. — — Formatted:Tab stops: 1",Left+Not at 1.5" Pursuant to a written Easement Agreement previously entered into by prior Owner of the Formatted:No underline Property and the CITY,it is anticipated that the CITY would cause sanitary sewer service to be extended westerly across Route 47 from a manhole that is currently located in or near the Right- of-Way of Walnut Street and State Route 47 on the east side of State Route 47 at the expense of the CITY. It was further anticipated that the CITY would extend that sanitary sewer main north 9 to service not only the PROPERTY but additional property to the north of the PROPERTY on the west side of Route 47 that currently lacks sanitary sewer service. OWNER and DEVELOPER understand that the CITY shall have a right t to- -- Formatted:Tab stops: 1",Left+Not at 1.5" require as part of this Agreement a recapture as to a proportionate share of the cost of said sanitary sewer extension. Exeept as other-wise expressly provided in this Agreement, there are eurrefitly He reeapl, does the CITY have any knowledge of a pending or eofAemplated r-e"est for- approval of any seeh reeaptuFe., en4 or ordinance whieh will eff et the S B ECT PROPERTY. TV 125. ONSITE EASEMENTS AND IMPROVEMENTS, Formatted:Font:Not Bold In the event that during the development of the °T�CT PROPERTY, DEVELOPER Formatted:Font:Not Bold Formatted:Font:Not Bold,No underline determines that an existing utility easements and/or underground lines require 5' g �' � q re reocaton to ` Formatted:Font:Not Bold facilitate the completion of —DEVELOPER's obligation for thee ar T�GT- PROPERTY in Formatted:Normal,Justified,Tab stops: 1.5 Left+ 2",Left+ 2.5",Left+ 3",Left+ 3.5", accordance with this Agreement and City Ordinances, the CITY shall fully cooperate with Left+ 4",Left+ 4.5",Left+ 5",Left+ 5.5", Left+ 6",Left+ 6.5",Left DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the DEVELOPER. If any easement granted to the CITY as a part of the development of the S T0r PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the S TACT PROPERTY, the CITY shall fully cooperate with the DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by the DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, the DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. in the event there is a east to the DE3.L'T OPE 10 assio-eiatted-i'vith bufying what had-beaen ove-whead utility lines, the, DEVELOPER- shall h-ave,t fight to make the, d-Letewminatio-in ans *-A- the utility lifies will be buFied- A-r re, le-e-AFed ea R. The CITY agrees to assist the DEVELOPER to obtain necessary easements and Illinois Department of Transportation Permits to construct said improvements. Formatted:Normal,Justified,Tab stops: 1.5", Left+ 2",Left+ 2.5",Left+ 3",Left+ 3.5", Left+ 4",Left+ 4.5",Left+ 5",Left+ 5.5", 136. CONFLICT IN REGULATIONS- Left+ 6",Left+ 6.5",Left Formatted:Font:Not Bold The provisions of this Agreement shall supersede the provisions of any ordinance, code, or Formatted:Font:Not Bold regulation of the CITY which may be in conflict with the provisions of this Agreement. Formatted:Font:Not Bold,No underline Formatted:Font:Not Bold 147. GENERAL PROVISIONS; Formatted:Font:Not Bold A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall Formatted:Font:Not Bold Formatted:Font:Not Bold,No underline County by any of the parties or their successors or assigns by an appropriate action at law or in Formatted:Font:Not Bold equity to secure the performance of the covenants and agreements contained herein, including Formatted:No underline the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding ,. -- Formatted:No underline upon the OWNER, DEVELOPER and their successors in title and interest,and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNER and DEVELOPER,and the CITY. C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation,both by principals and through counsel,and represent terms and conditions that 11 are deemed by the parties to be fair,reasonable,acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to,or may wish to,serve ,„ Formatted:No underline upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested,postage prepaid,addressed as follows: (I) If to OWNER_ -Castle Bank N.A. 109 W.Veterans Parkway Yorkville,IL 60560 DEVELOPER: -Priority Health&Body Inc. 201 E.Veterans Parkway Yorkville,IL 60560 with copies to: Attorney Daniel J.Kramer 1107A S.Bridge Street Yorkville,IL 60560 Fax:(630)553-5764 (11) If to CITY: United City of Yorkville Attn:City Clerk 800 Game Farm Road Yorkville,1160560 Fax:(630)553-7575 with a copy to: Kathleen Field Off 53 West Jackson Blvd. Suite 964890 Game Fa fm a =te Rea a Chicago,IL 60604Yerkville,1160560 Fax:(312639)382-2127537575 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the to the other parties. - Formatted:Tab stops:Not at 6"+ 6.5" 12 E. Severability. This AgFeement is e flt d iRtO pur-s,.ant to the pr-ovisions of Chapter- 65 Formatted:No underline See 5111 15.1 , et se Illinois Compiled Stat te_s (20 10 ed.). In the event any part or portion of this Agreement,or any provision,clause,word,or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part,portion, clause,word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition,the CITY and OWNER and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the cT�CT PROPERTY. Formatted:Tab stops:Not at 6"+ 6.5" F. _Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended ,., Formatted:No underline from time to time in writing with the consent of the parties,pursuant to applicable provisions of the City Code and Jllinois Compiled Statutes. This Agreement may be amended by the CITY ,,- Formatted:No underline and the owner of record of a portion of the eTCzT-PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the CTT�CTT PROPERTY not affected by such amendment. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit Formatted:No underline the right of the OWNER and DEVELOPER to sell or convey all or any portion of the S TACT PROPERTY,whether improved or unimproved. H. Necessar y Ordinances and Resolutions. The CITY shall pass all ordinances and Formatted:No underline resolutions necessary to permit the OWNER and DEVELOPER,and their successors or assigns, to develop the bg3JEEC-T PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. L Term of Agreement. The term of this Agreement shall be twenty(20)years. In the event - Formatted:No underline construction is commenced within said twenty-year period all of the terms of this Agreement 13 shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER or DOWNER. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are Formatted:No underline for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Formatted:No underline Kendall County,Illinois,at OWNER and DEVELOPER's expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the ,., Formatted:No underline exhibits attached hereto,are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be ,,-- Formatted:No underline deemed an original,but all of which together shall constitute one and the same document. M-.. �_ — Formatted: No bullets or numbering N. Time is of the Essence. Time is of the essence of this Agreement and all documents, - Formatted:No underline agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto O. Exculpation. It is agreed that the CITY is not liable or responsible for any Formatted:No underline restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the cT�CT PROPERTY, the CITY,the DEVELOPER and OWNER,including,but not limited to,county,state or federal regulatory bodies. Simature Pape follows Formatted:Centered,Indent:First line: 0" 14 � Formatted:Indent:First line: D" IN WITNESS WHEREOF,the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. t- Formatted:Indent:First line: 0" OWNER: CITY: - Formatted:Indent:First line: 0" CASTLE BANK N.A.,A DIVISION OF UNITED CITY OF YORKVILLE, FIRST NATIONAL BANK OF OMAHA an Illinois municipal corporation By: By: - Formatted:Indent:First line: 0" Titl�Mayor Attest: Mlle=City Clerk DEVELOPER F Formatted:Indent:First line: 0" PRIORITY HEALTH AND BODY INC. AN ILLINOIS CORPORATION By: -- Formatted:Indent:First line: 0" Dated: 15 STATE OF ILLINOIS ) COUNTY OF KENDALL ) ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT ("Agreement"), is made and entered into as of the day of , 2013, by and between CASTLE BANK N.A., A DIVISION OF FIRST NATIONAL BANK OF OMAHA (the "OWNER"), PRIORITY HEALTH AND BODY MAKEOVER INC. (the "DEVELOPER") and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (the "CITY') by and through its Mayor and City Council (the "Corporate Authorities"). WITNESSETH: WHEREAS, the OWNER is the owner of a certain tract of property comprising 1.4573 acres legally described and identified in the Petition for Annexation, which is attached hereto as Exhibit A, (the "PROPERTY') which exhibit is made a part hereof and which real estate is contiguous to the corporate limits of the CITY; and, WHEREAS, the DEVELOPER is the contract purchaser and desires to annex the PROPERTY to the CITY for the purposes of developing a medical office building; and, WHEREAS, OWNER and DEVELOPER request that the SUBJECT PROPERTY be zoned B-2 General Business District under the provisions of the City Zoning Ordinance ("Zoning Ordinance"). WHEREAS, OWNER and DEVELOPER desire to proceed with the development thereof for medical office building use in accordance with the terms and provisions of this Agreement. 1 WHEREAS, OWNER and DEVELOPER desire and propose pursuant to the provisions and regulations applicable to the B-2 General Business District of the Yorkville Zoning Ordinance; and, WHEREAS, it is the desire of the parties that the development and use of the PROPERTY proceed in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. WHEREAS, public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning on July 10, 2013 and the Corporate Authorities conducted the public hearing on this Agreement on July 23, 2013. WHEREAS, all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code regarding matters in this Agreement have been given. WHEREAS, The Corporate Authorities, after due and careful consideration, have concluded that the execution of this Agreement and the rezoning and development of the PROPERTY as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. LEGAL CONFORMANCE WITH LAW This Agreement is made pursuant to and in accordance with the provisions of Section 1 I-15.1-1 of the Illinois Municipal Code (65 ILCS 5111-15.1-1 et seq.) and the CITY ordinances, as amended from time to time. The above whereas clauses are hereby made a part of this Agreement by incorporation into this paragraph. 2. AGREEMENT: COMPLIANCE AND VALIDITY The OWNER has filed with the City Clerk a proper petition, Exhibit A, conditioned on the execution of this Agreement and the compliance with the terms and provisions contained herein, 2 to annex the PROPERTY to the CITY. It is understood and agreed that this Agreement in its entirety, together with the aforesaid petition for annexation, shall be null, void and of no force and effect unless the PROPERTY is validly annexed to the CITY and is validly zoned and classified in the B-2 General Business District as contemplated in this Agreement. 3. ENACTMENT OF ANNEXATION ORDINANCE The Corporate Authorities within 21 days of the execution of this Agreement by the CITY will enact a valid and binding ordinance (the "Annexation Ordinance") annexing the PROPERTY to the CITY. Said Annexation Ordinance shall be recorded with the Kendall County Recorder's Office along with the Plat of Annexation, attached hereto and made a part hereof as Exhibit C. Recordation shall take place no more than 30 days after enactment of the Annexation Ordinance. 4. ENACTMENT OF ZONING ORDINANCE Within 21 days after the passage of the Annexation Ordinance, the Corporate Authorities shall adopt a valid and binding ordinance zoning the PROPERTY in the B-2 General Business District subject to the restrictions further contained herein and all applicable ordinance of the CITY as amended from time to time. 5. COMPLIANCE WITH APPLICABLE ORDINANCES The OWNER and DEVELOPER agree to comply with all ordinance of the CITY as amended from time to time in the development of the PROPERTY, provided that all new ordinances, amendments, rules and regulations relating to zoning, building and subdivision of land adopted after the date of this Agreement shall not be arbitrarily or discriminatorily applied to the PROPERTY but shall be equally applicable to all property similarly zoned and situated to the extent possible. 6. PERMIT FEES Permit fees may be increased from time to time so long as said permit fees are applied consistently to all other developments in the CITY to the extent possible. 3 7. CONTRIBUTIONS The CITY shall not require the OWNER or DEVELOPER to donate any land or money to the CITY, or any other governmental body, since the Property is being used for business purposes. Except as otherwise provided in this Agreement, the CITY shall not require that any part of the PROPERTY be dedicated for public purposes including the exercise of the authority granted in Section 5/11-12-8 of the Illinois Compiled Statutes (65 ILCS 5/11-12-8). 8. MASS GRADING AND PREPARATION OF PROPERTY FOR DEVELOPMENT The DEVELOPER shall, at its own risk, have the right, prior to obtaining approval of final engineering drawings and prior to approval of a Building Permit being issued, to undertake: mass grading work, stormwater detention, filling and soil stockpiling on the property in preparation for the development of the property upon city approval of a grading plan and soil erosion plan, and compliance with all other items required by the city's Stormwater Management Ordinance. 9. DEVELOPMENT MARKETING SIGNAGE DEVELOPER may install and maintain one (1) illuminated double-faced four (4') foot by twelve (12') foot sign at the front of the Property contiguous to Illinois Route 47 until a certificate of occupancy is issued for the medical building on this PROPERTY. 10. OVERSIZING OF IMPROVEMENTS In the event oversizing, deepening, or the location of public improvements is hereafter requested and properly authorized by the CITY for the purpose of serving property other than the PROPERTY, the CITY shall enter into a Recapture Agreement, as defined in Paragraph 11 hereof, with DEVELOPER providing for the payment of the cost of such oversizing, deepening or location by the OWNER of properties benefited by the same. The improvements which qualify as benefited properties shall be identified prior to the United City of Yorkville issuing a building permit for the Property. 11. RECAPTURE AGREEMENTS A. Benefiting the PROPERTY. 4 The CITY agrees that in accordance with Section 11-12-8 of the Illinois Compiled Statutes, (65 ILCS 5/11-12-8), the CITY shall enter into recapture agreements with the OWNER and DEVELOPER for a portion of the costs of certain public improvements constructed by OWNER and DEVELOPER which the CITY has determined may be used for the benefit of property (the "Benefited Properties") not located within the PROPERTY which will connect to and/or utilize said public improvements. B. Encumbering the PROPERTY. Pursuant to a written Easement Agreement previously entered into by the prior Owner of the Property and the CITY, it is anticipated that the CITY would cause sanitary sewer service to be extended westerly across Route 47 from a manhole that is currently located in or near the Right- of-Way of Walnut Street and State Route 47 on the east side of State Route 47 at the expense of the CITY. It was further anticipated that the CITY would extend that sanitary sewer main north to service not only the PROPERTY but additional property to the north of the PROPERTY on the west side of Route 47 that currently lacks sanitary sewer service. OWNER and DEVELOPER understand that the CITY shall have a right to require as part of this Agreement a recapture as to a proportionate share of the cost of said sanitary sewer extension. 12. ONSITE EASEMENTS AND IMPROVEMENTS In the event that during the development of the PROPERTY, DEVELOPER determines that any existing utility easements and/or underground lines require relocation to facilitate the completion of DEVELOPER's obligation for the PROPERTY in accordance with this Agreement and City Ordinances, the CITY shall fully cooperate with DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the DEVELOPER. If any easement granted to the CITY as a part of the development of the PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the PROPERTY, the CITY shall fully cooperate with the DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by the DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, the DEVELOPER shall pay 5 for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. The CITY agrees to assist the DEVELOPER to obtain necessary easements and Illinois Department of Transportation Permits to construct said improvements. 13. CONFLICT IN REGULATIONS The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 14. GENERAL PROVISIONS A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNER and DEVELOPER, and the CITY. C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. 6 D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: (I) If to OWNER: Castle Bank N.A. 109 W. Veterans Parkway Yorkville, IL 60560 DEVELOPER: Priority Health& Body Inc. 201 E. Veterans Parkway Yorkville, IL 60560 with copies to: Attorney Daniel J. Kramer 1107A S. Bridge Street Yorkville, IL 60560 Fax: (630) 553-5764 (II) If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, I160560 Fax: (630) 553-7575 with a copy to: Kathleen Field Orr 53 West Jackson Blvd. Suite 964 Chicago, IL 60604 Fax: (312) 382-2127 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability. In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNER and DEVELOPER 7 shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the PROPERTY. F. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the PROPERTY not affected by such amendment. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER and DEVELOPER to sell or convey all or any portion of the PROPERTY, whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER and DEVELOPER, and their successors or assigns, to develop the PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty(20) years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER or OWNER. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. 8 K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNER and DEVELOPER's expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original,but all of which together shall constitute one and the same document. N. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto O. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the PROPERTY, the CITY, the DEVELOPER and OWNER, including, but not limited to, county, state or federal regulatory bodies. Signature Page follows IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNER: CITY: CASTLE BANK N.A., A DIVISION OF UNITED CITY OF YORKVILLE, 9 FIRST NATIONAL BANK OF OMAHA an Illinois municipal corporation By: By: Mayor Attest: City Cleric DEVELOPER: PRIORITY HEALTH AND BODY INC. AN ILLINOIS CORPORATION By: Dated: 10 EST. `� ��ti 1836 0 , 1 �.r United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-3436 APPLICATION FOR ANNEXATION Local government has the authority to expand its boundaries by annexing unincorporated lands that are contiguous to their corporate limits. According to state law, all newly annexed land is automatically zoned to the most restrictive classification under the city 's zoning ordinance, or R- 1 One-Family Residence District. Therefore, all voluntary petitions for annexation requesting a zoning classification other than R-1 One-Family Residence District and seeking to enter into an annexation agreement with the city which specifies the desired zoning and other contractual approvals (i.e., amendments to zoning ordinance, variances, building codes, development impacts and contributions, etc.) that will affect the property and successor owners requires a public hearing before the City Council. This packet explains the process to successfully submit and complete an Application for Annexation. It includes a detailed description of the process and the actual application itself (Pages 6 to 9). Please type the required information in the application on your computer. The application will need to be printed and signed by the applicant. The only item that needs to be submitted to the city from this packet is the application. The rest of the packet is to help guide you through the process unto completion. For a complete explanation of what is legally required throughout the Annexation process, please refer to "Title 10, Chapter 4, Section 10 Annexations" of the Yorkville, Illinois City Code. I Procedure V low Chart . Step 1 Submit Application, Fees, and All' Pertinent 746nnation to the Community Development Department Step 2 PlanCouncdRevtew (Meets 2nd?and 4th Thu s&' XI,6f the month) i Step 3 is City CouncilRublic Hears (2nd and :4th-Tuesday of the: {vtonth) 2 Application Submital The following must be submitted to the Community Development Department: • 2 original signed applications with legal description. 5 copies each of the application and exhibits, proposed drawings, location map, and site plan. Large items must be folded to fit in a 10" x 13" envelope. • Appropriate filing fee. (See attached Fee Sheet on page 5) I CD containing an electronic copy (pdf) of each of the signed application (complete with exhibit), proposed drawings, location map, and site plan. A Microsoft Word document with the legal description is required on the CD. Within one ( 1 ) week of submittal, the Community Development Department will determine if the application is complete or if additional information is needed. These materials must be submitted a minimum of 45 days prior to the targeted Plan Commission meeting. An incomplete submittal could delay the scheduling of the project. Applicant will be responsible for payment of recording fees and public hearing costs, including written transcripts of the public hearing and outside consultant costs (i .e. legal review, land planner, zoning coordinator, environmental, etc.). The applicant will be required to establish a deposit account with the city to cover these fees. The Petitioner Deposit Account/Acknowledgement of Financial Responsibility form is attached to this document and must be submitted with the application. Plan Council Applicant must present the proposed annexation request to the Plan Council. The Plan Council meets on the 2nd and 4th Thursday of the month. The members of the Council include the Community Development Director. City Engineer, the Building Department Official, the Public Works Director, the Director of Parks and Recreation, a Fire Department Representative, and a Police Department Representative. Upon recommendation by the Plan Council , applicant will move forward to the Plan Commission hearing. City Council Applicant will attend the City Council public hearing where the recommendation of the annexation will be considered. The City Council meets on the 2nd and 41h Tuesdays of the month at 7:OOpm. Notice will be placed in the Kendall County Record by the United City of Yorkville. The applicant is responsible for sending certified public hearing notices to adjacent property owners within 500 feet of the subject property no less than 15 days and no more than 30 days prior to the public hearing date. Twenty Four (24) hours prior to the public hearing, a certified affidavit must be filed by the applicant with the Community Development Department containing the names, addresses and permanent parcel numbers of all parties that were notified. City Council will make the final approval of the annexation request. 3 The Community Development Director shall determine if an application meets or fails to meet the requirements stated above. If the Director determines that the application is incomplete it will become dormant under these circumstances: • The applicant has been notified of such deficiencies and has not responded or provided a time line for completing the application within ninety (90) days from the time of notification. • The applicant has not responded in writing to a request for information or documentation from the initial plan commission review within six (6) months from the date of that request. • The applicant has not responded to a request for legal or engineering deposit replenishment for city incurred costs and fees within ninety (90) days from the date of the request. If the Community Development Director has sent the required notice and the applicant has not withdrawn their application or brought it into compliance, then the director shall terminate the application. After termination, the application shall not be reconsidered except after the filing of a completely new application. Withdrawal or termination of an application shall not affect the applicant's responsibility for payment of any costs and fees, or any other outstanding debt owed to the city. The balance of any funds deposited with the city that is not needed to pay for costs and fees shall be returned to the applicant. (Ord. 2011 -34, 7-26-2011 ) 4 SEO O+r` United City of Yorkville ,2� w 800 Game Farm Road Yorkville, Illinois 60560 EVE "" - M6 Telephone: 630-553-4350 �L Fax: 630-553-7575 'r'" w?� INVOICE & WORKSHEET <te t�v PETMON APPLICATION CONTACT: DEVELOPMENT/ PROPERTY: Acreage: Date: Concept Plan Review: I I Yes I J No S Engineering Plan Review Deposit of$500 due Amendment: I I Yes I I No S $500.00 Fee due for each: (Annexation) (Plan) (Plat) (PUD) Annexation: I I Yes I I No S $250.00, plus S 10/acre for each acre over 5. Nofacres: - 5 = x $ 10 = + $250 Remnine: I I Yes I I No S $200.00, plus S10/acre for each acre over 5. of acres: - 5 = x $ 10 = + $200 If annexing and rezoning charge only I per acre fee. If rezoning to a PUD, charge PUD Development Fee- not Rezoning Fee. special Use: 11 Ves I I No S $250.00, plus $ 10/acre for each acre over 5. 4ofacres• - 5 = xS10 = + 5250 Zoning Variance: $85.00 11 Yes I I No S Outside Consultants deposit of$500.00 due Preliminary Plan Fee: 5500.00 I I Yes I I No S P.U.D. Fee: $500.00 I I Yes I I No S Final Plat Fee: 5500.00 11 Ves I I No 5 Eneineerina Plan Review Deposit: 11 Ves I I No 5 I ] Less than I acre = $1,000 due I ] Over I acre and less than 10 acres = S2,500 due I I Over 10 acres and less than 40 acres = $5,000 due I J Over 40 acres and less than 100 acres = S 10,000 due I I Over 100 acres = $20,000 due Outside Consultants Deposit: I I Yes I I No S Legal, Land Planner. Zoning Coordinator, Environmental Services Annexation Subdivision Rezoning, and Special Use: I Less than 2 acres = $1,000 due I I Over 2 acres and less than 10 acres - S2.500 due I I Over 10 acres = $5,000 due •I OT.AL AMOUNT DUE: S Ww t 0Dn%W D<, tkp. AM Fn Sh.v Mst 5 's 0. 1 Dateof Skbfnisston PC#`; y 1 L 11 ] Mimi 11WHIM In Inu Name of Applicant(s) Priority Health and Body Makeover, Inc. Business Address 1201 E. Veterans Parkway City I Yorkville State IL ZIP 60560 Business Phone 309-737-9298 Business Fax Business Cell Business E-mail priorit healthin@gmaiLcom Name of Holder of Legal Title I Castle Bank, a Division of First National Bank of Omaha If Legal Title is held by a Land Trust, list the names of all holders of any beneficial interest therein: Property Street Address 1121 Lincoln Highway, DeKalb, IL 60115 Description of Property's Physical Location West side of Route 47(south and adjacent to Sunset Hotel) Zoning and Land Use of Surrounding Parcels North B3 Service District East B-3 Service District South B-3 Service District West City Current Zoning Classification Kendall County Kendall County Parcel Number(s) of Property 02-28-303-019 02-28-303-020 6 Attorney Name I Daniel J. Kramer Address F1 107-South Bridge Street City JYorkville State IL ZIP 60560 Phone 630-553-9500 Fax 630-553-5764 E-mail colleen.hanson @att.net Engineer Name Address City State ZIP Phone Fax E-mail Land Planner/Surveyor Name I Ron Bauer Address 14 West Main Street City I Plano State I IL ZIP 60545 Phone 630-552-7452 Fax 630-552-7702 E-mail ron@rb-associates.net Applicant must attach a legal description of the property to this application and title it as "Exhibit A". Applicant must list the names and addresses of any adjoining or contiguous landowners within 500 feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as "Exhibit B". 7 I verity that all the information in this application is true to the best of my knowledge. I understand and accept all requirements and fees as outlined as well as any incurred administrative and planning consultant fees which must be current before this project can proceed to the next scheduled committee meeting. I understand all of the information presented in this document and understand that if an application becomes dormant it is through my own fault and I must therefore follow the requirements outlined above. Applicant Signature Jy Date bndy Maicga'O�e�ridC Aurrtoriz� ent THIS APPLICATION MUST BE NOTARIZED PLEASE NOTARIZE IN THE SPACE BELOW: " OFFICIAL SEAL " COLLEEN HANSON NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 10/2012015 aaoi3 S CONSENT TO ANNEXATION AGREEMENT NOW COMES CASTLE BANK A DIVISION OF FIRST NATIONAL BANK OF OMAHA the OWNER of the Real Property described in the attached Annexation Petition generally located on the west of Route 47, and adjacent to the limits of the United City of Yorkville and legally described in the attached Annexation Petition, and the undersigned authorized representative thereof being duly sworn on oath states and alleges as follows: 1 . That the Real Property described in the attached Annexation Petition is owned by Castle Bank, a division of First National Bank of Omaha. 2. That no electors reside thereon. 3. That the subject Real Property described in the attached annexation petition is not located within any flood plain nor the Village boundaries of any other Illinois Municipality. 4. That the Real Property described in the attached Annexation Petition is contiguous to the corporate limits of the United City of Yorkville. 5. That the undersigned on behalf of Castle Bank, a division of the First National Bank of Omaha hereby consents to the Annexation Petition being filed herein and requests the City to approve said Annexation Petition. Castle Bank, a Division of First National Bank of Omaha By: Authorized Representati e Verification: Subscribed and sworn to before me, 92013. Notary Public 'OFRCIAL SEAL' LMA K TSMWENIN Ca nMW EVM Mmft f 15, 2010 _ l EXHIBIT " A" Legal Description THAT PART OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP MERIDIAN BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST SUBDIVISION; THENCE 37NORTH, RANGE BAST OF THE THIRD PRINCIPAL OF 178.69 FEET; THENCE NORTH 01 DEGREES 24 MINUTES 15 SECONDS WEST ALONG THE LOT LIE UNIT 51%, C ILLINOIS ROUTE NO. 47 A NORTH 88 DEGREES 30 MINUTES 45 OUNTRYSIDE LONG SAID 47 RIGHT OESCRIBED BYO SECONDS EAST E EAST LINE OF SAID UNIT SI%, A DISTANCE WEEES16 OF WAY LINE HAV NGq VESTING TITLE PER 382.91 FEET TO THE WEST RIGHT OFW SOUTH 18 DEGREES 76 MINUTES 43 SECONDS ETC DISTANCE 20120pp9p53g; THENCE SOUTHWE ER Y SECONDS RT 1". OF 749.89 FEET, q DISTANCE OF 19837 FEET WHOSE THE POINT OF BEGINNING, IN BRISTOL 5 O B OWNS GP TT 18g 8q FEET TO A LINE D HENCE SOUTH 88 DEGREES RAWN NORTH BB DEGREES WEST CHORD BET T AND THE UNITED CITY OORKVILLLE, KENDALL COUNTY, ILLNOIS. FEET TO 1 PLAT OF ANNEXATION DF TOWNSHIP 7NORTH. RANGE T EAST OF THE THIRD PRINCIPAL THAT PART BEINGESCRIBEDAS QUARTER OF SECTION 28,THE SOUTHEAST 3 OR MERIDIAN BEING THENCE 0 FOLLOWS: BEGINNING AT SECOND7HESTAONG THE AST 630E UNIT SIX, UNIT COUNTRYSIDE ST OF 178 SUBDIVISION; THENCE NORTH 01 DEGREES S MINUTES t5 SECONDS WEST ALONG THE EAST LINE OF SAID UNIT SIX, A DISTANCE OF 176.69 FEET; THENCE NORTH e6 DEGREES 30 MINUTES 45 SECONDS EAST ENT 332.91 N FEET TO THE WEST RIGHT OF RAY LINE OF ILLINOIS ROUTE ST NO. 47 RIG AS OF WAY IN H ORDER VESTING TITLE PER DOCUMENT N0. OF 19037 0000536; THENCE E CHORD SEARS SOUTHWESTERLY ALONG SAID WEST RIGHT OF WAY LINE HAVING A RADIUS OF 749.89 FEET, DISTANCE NORTH W D FREE, WHOSE CHORD BEARS 1 SOUTH 18 DEGREES 15 MINUTES 63 SECONDS WEST 169.6 FEET 8 A EGG DRAWN NORTH 68 DEGREES 30 MINUTES 45 SECONDS EAST FROM THE POINT OF TOWNSHIP THENCE SOUTH SB DEGREES 30 MINUTES D SECONDS WEST 31 I S4 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP AND THE UNITED CITY OF YORKVILLE. KENOALL COUNTY, ILLINOIS. Scale: 1" = 40' PATMCKI VAUN ZON 44 OBIRLMULi rr NU KATE URN - . gl YORKIKC VIGNUT P., , m ` \ BRIDGE Si'. Hue w (VACANi' LO'1) / PHSTU 1 .4573 ACRES 16 PEEP eso-SM5w NEAB e,, ,, w , AM / � „PH •eo- anmm VW ZMEP1VN.WINDS SCHREIBER URVEVOP5 CERTIFICATE a.vwaw ZONE 6) LL PHC /OS STATE OF I / LOCATION - RIC COUNTY OFHENDPty THIS 15 TO CERTIFY TO THE CLIENT. STUART WEIHLER,THAT I,RONALD D.BAUER,AN ILLINOIS PROFESSIONAL LAND SURVEYOR N AFORESADCOUNTY AND STATE,HAVECOMPLETEDAPIATOF W -- -- — , CONFORMS TO in CURRENT IumOIC MINIMUM STANDARRDS FOR A FLAT OF ANNEXAAnox�AND THHAT THE / LOCATION MAP PUT HEREON OMWN REPRESENTS TIE FACTS FOUND AT THE PME OF THE SURVEY. THIS SURVEY DOES INDT TO SCALE) NOT CONSTITUTE A RECORD TRUE SEARCH AND ALL EASEMENTS AND OR SETBACKS SHOWN ME EITHER HOSE DESIGNATED ON THE RECORDED SUBOIVISIOAIRATOR TIOSEPROAACIMTO US BY OTHER OOCUME NOTION. NO AT TEMPT HAS BEEN MACE TO OBTAIN OR SMYN DATA CONCERNING EXIS TENCE OF PUBLIC UTILITIES OR STORM WATER RUNOFF EITHER ONTO OR OFF FROM THE SITE GIVEN UNDER MY NANO AN SEAL AT PLANO.ILLINOIS THIS lM DAY OF MAY,2013 A D REGISTRATION EXPIRESLL,1A14-CM4 DR0252 IB & ASSOCIATES INC /'� REFER TO A CURRENT THE INSURANCE POLICY FOR EASEMENTS NOT PROVIDED. THISDMWINGISTIE CONSULTING , IEV <! PROPERTY GETS S ASSWUTESCONSULTNG,INC. ANN SHALLNOT BE USEOFgUNY OTHER PURPOSE CONSULTING, INC WTHIS GNAWING IS NOT CONSIDERED TO BE ORIGINAL UNLESS THE SURVEYORS SEAL 4W MAIN STREET DESIGN FIRMEf AN IMPRESSED SEAL OR DISPLAYED IN RED INK PLANO , IL 60545 164-004475 (630) 552-7452 www.rMassoriales.net OWG p 201314411-001 B (ANNEX) ADJOINING OWNERS TO THE PROPERTY OF PARCEL No. 02-28-303-026 & 02-28-303-027 02-28-303 -022 Yorkville, IL 60560 Lue Haig PO Box 144 02-28-327-019 Plano, IL 6056 Tony Gilchrist 206 Walnut 02-28-303-009 Yorkville, IL 60560 Matt 6 LLC C/O Sikich Gardner 02-28-327-013 1415 W. Diehl Road Philip and Renee Haugen Naperville, IL 60560 208 Walnut Street Yorkville, IL 60560 02-28-329-045 Earthmover Credit Union 02-28-327-018 2195 Baseline Road Robyn Dennis Williams Oswego, IL 60543 205 Jackson Street Yorkville, IL 60560 02-28-329-032 Yorkville Walnut Plaza, LLC 02-28-327-007 PO Box 5010 Don and Laurel Williams Vernon Hills, IL 60061 207 Jackson Street Yorkville, IL 60560 02-28-329-013 Longford Lakes Condo HOA 02-28-303 -024 2208 Midwest Road William Schneider Oak Brook, IL 60523 807 N. Bridge Street Yorkville, IL 60560 02-28-327-021 02-28-327-005 02-28-303 -023 Michelle Augustyn Laraine & Marian Griswold 906 Bristol Road 805 N Bridge Street Yorkville, IL 60560 Yorkville, IL 60560 02-28-327-022 02-28-303-021 02-28-327-023 Peter & Cheri Lodestro First National Bank DeKalb 35 Lexington Circle 210 E. Jackson Street Yorkville, IL 60560 Yorkville, IL 60560 02-28-303 -025 02-28-327-020 Brett & Cara Behrens Donna Diehl 801 N. Bridge Street 204 Walnut Street Yorkville, IL 60560 Yorkville, IL 60560 02-28-302-008 United City of Yorkville 02-28-303-002 800 Game Farm Road John Weber Yorkville, IL 60560 1102 Sunset Street Yorkville, IL 60560 02-28-302-007 Darin & Andrea Peterson 02-28-303-003 1005 Sunset Martin & Araceli Benitez Yorkville, IL 60560 1012 Sunset Yorkville, IL 60560 02-28-302-006 Frietsch Family Trust 02-28-303-004 1007 Sunset Carmelo & Letica Perez Yorkville, IL 60560 1010 Sunset Street Yorkville, IL 60560 02-28-303 -018 Patrick & Karin Dowd 02-28-303-005 1006 Sunset Adan & Ana Arriaga Yorkville, IL 60560 1008 Sunset Yorkville, IL 60560 02-28-303-004 Mark John Dec. of Liv. TR. & 02-28-352-028 Ruth Johnson Dec. of Liv.TR. 02-28-352-029 204 Georgeanna Dennis & Julie Knuaf Yorkville, IL 60560 910 N. Bridge Street Yorkville, IL 60560 02-28-303-003 Wallace III & Nancy Ellen 02-28-352-024 206 Georganna I " National Bank DeKalb Yorkville, IL 60560 Real T Properties PO Box 1010 02-28-303 -002 Westmont, IL 60559 Ronny Scott 208 Georganna 02-28-352-027 Yorkville, IL 60560 Homan & Donna Horton 306 King Street 02-28-303 -001 Yorkville, IL 60560 Ardis Lee 210 Georganna Logan Kraber Yorkville, IL 60560 805 Bristol Avenue Yorkville, IL 60560 02-28-303 -001 Maria Lopez & Sean Ogara 1 104 Sunset Street 1010=,r q ;1008 - IF 7 z i -I k• rk��_— l a 3 w* - Walnut t y tt F 805 = ' f 91 � _ F - ++ X t 47 �►r._ CO 803 801 �►� �_ �, - `�'� � � —Jackson-St - United City f Yorkville GIS The Data is provided without warranty or any representation of V`•. Y r i m l i n r m l n it i h responsibility f h cu ac t ess o co ete ess s t e o the Y. P Parcel Data and Aerial Photography Reque "to determine accuracy,timeliness,completeness,and Wd`1r, Provided By Kendall County GIS appropriateness of its use. 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MOE tD 2W 00`'p�e?vP „, er.I!r i:d,itii . . .. . : - .• EDOE 151.24 !c ?C� ta1E k,.w4 1 Iz ^me� g HVIO' rnB M SOME: IS-5 05-58-303-055 DOMD' bV1BICK B KVBIH OS-S8-303�J9 q"� T OE vi roc' i11 ' ��1 ED2W0"Ot.E ^j 1HE bOlA1 OE BECIVIViINel IH 99121OF 1OMM2Hlb VViD 1HE nm [IED CIIA OE .IObKAIFFE' KEVIDVFF conmik IFF10012• 2ECOWD2 EV21 L90W 1HE bO1W1 OE BECIVNIIVIC' IHEWCE 20f11H 88 DECHEE2 30 W wniE2 d2 2ECOMD2 ME21318•awt EEEI 10 2onIH 18 DEeHEE2 12 WIVifllE2 d3 2ECOWD2 ME21 18a•8l EEE110 V FIRE DbVMVI WOLS1H 88 DEeHEE2 30 WIV1filE212 l VFOWe ?VID ME2191CH1 OE MVA FIVE HVAIWC b HVM2 OE 148'8a EEEI' V D18-LVMCE OE 480'31 EEEI' MH02E CHORD BEV92 IFFIM012 go llE MO• d1 V2 DE2CKIBED BA OHDEV AE2110e 111FE bEb DocnV EW1 WO- 50J500000238' 1HEMCE 20(llHME21EgrA OL J18•(?a EEEI' 1HEVICE 1409-LH 88 DEeHEE2 30 WIVinlE2 42 2EC:OMD2 EV2132YN EEE1101HE ME2l blCH1 OE MVA nWE OE 2nBDIA121OW ' 1HEWCE VIOISIH 04 DECbEE2 54 NimnlE2 12 2ECOAD2 ME21 VFOVWC IHE EV21 FINE OE 2VID ml 21X' V D12-LVMCE WEHIDIVVI BEIWe DE2C9IBED V2 EOFrOM2: BE(3lwW1We V1 1HE rC!on1HEV21 COHMEb OE FOI e3 OE nV11121X' COf1V11BA21DE 1HVl bV91 OE 1HE 2onIHME21 onV91El:S OE 2EC-HOW S8' lOMA2H1b 31 14091H' b eE 1 EV21 OE IHE IHIbD bBIVICIbVf OL bFV1 OL VA14EXVII u” 14 PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE CITY COUNCIL PC 2013-04 NOTICE IS HEREWITH GIVEN THAT, Priority Health and Body Makeover, Inc., petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting annexation of an approximately 1.5 acres of total land located in unincorporated Kendall County. The real property consists of two (2) parcels and is generally located immediately west of North Bridge Street (IL Route 47), just north of Walnut Street in Kendall County, Illinois. The legal description is as follows: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 63 OF UNIT SIX, COUNTRYSIDE SUBDIVISION; THENCE NORTH 01 DEGREES 24 MINUTES 15 SECONDS WEST ALONG THE EAST LINE OF SAID UNIT SIX, A DISTANCE OF 178.69 FEET; THENCE NORTH 88 DEGREES30 MINUTES 4 SECONDS EAST 382.91 FEET TP THE WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE NO. 47 AS DESCRIBED BY ORDER VESTINGTITLE PER DOCUMENT NO. 201200000538; THENCE SOUTHWESTERLY ALONG SAID WEST RIGHT OF WAY LINE HAVING A RADIUS OF 749.89 FEET, WHOSE CHORD BEARS SOUTH 18 DEGREES 15 MINUTES 43 SECONDS WEST 189.84 FEET TO A LINE DRAWN NORTH 88 DEGREES 30 MINUTES 45 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 88 DEGREES 30 MINUTES 45 SECONDS WEST 318.94 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP AND THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. PIN#02-28-303-019; 02-28-303-020 NOTICE IS HEREWITH GIVEN THAT the City Council for the United City of Yorkville will conduct a public hearing on said application on Tuesday, July 23, 2013 at 7 p.m. at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, 60560. The public hearing may be continued from time to time without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. BETH WARREN City Clerk BY: Lisa Pickering Deputy Clerk CfTy Reviewed By: X06 Legal Agenda Item Number Finance PC #2 EST. -� __ti 1838 Engineer City Administrator : Human Resources ❑ Tracking Number ' V.* Community Development 0 Police PC 2013-11 ALE Public Works Agenda Item Summary Memo Title: Fifth Amendment to Raintree Village Annexation Agreement Meeting and Date: City Council—August 13, 2013 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: CC 7/23/13 Action Taken: Public Hearing Item Number: PC 2013-11 Type of Vote Required: Council Action Requested: Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator ' CC: Date: August 8, 2013 Subject: Raintree Village Annexation Agreement Amendment JILL �►�. Summary Approval of a fifth amendment to the Raintree Village Annexation Agreement. Background The City Council last discussed this at the July 23rd City Council meeting, when a public hearing on the agreement was held. The memo from that meeting is attached and is dated July 18t . The Economic Development Committee reviewed the amended agreement and memo at the August 5th meeting and had no further questions. The only item that has changed in the agreement is the removal of the reference to the Engineer's Estimate of Probable Construction costs (EOPQ and SSA development fund, which was listed in Section 2E. For your use, I have attached an excerpt from the original draft that includes the Section 2E language. The new Section 2E simply states that the City will take over the infrastructure responsibilities in the subdivision as long as it has access to the SSA development fund. The EOPC is attached and lists the remaining items at$940,410. With a 20% engineering and contingency cost, the value is $1.128m. The SSA development fund is at $1.109m, leaving a gap of $19,000. Even with the $19,000 gap, I am comfortable recommending the takeover of infrastructure responsibilities given EEI's assurances that they have built in adequate contingencies and inflationary factors into their construction estimates. Recommendation Staff recommends approval of the fifth amended Raintree Village Annexation Agreement. C. The Original Owners deposited performance bonds as required by City Code to ensure completion of the public infrastructure for the development of the Subject Property and requested the designation of Special Service Areas pursuant to the Special Service Tax Law, 35 ILCS 200/27 et seq., covering the Subject Property to be utilized as a primary funding mechanism for public improvements benefitting the Subject Property. D. The Original Owners delivered to the City the following performance bonds as security to guarantee the construction of the public improvements required for the development of the Subject Property: Bond Safeguard Co. #5035420 in the amount of$396,809.12; Bond Safeguard Co.#5035421 in the amount of$503,184.11; Bond Safeguard Co.#5035422 in the amount of$891,128.30;and, Arch Insurance Company,Bond#104125069 in the amount of$3,000.00. E. Pursuant to the request of the Original Owners, the City established Special Service Area Number 2003-100 and Special Service Area Number 2004-107 and issued SSA Bonds in the principal amount of$7,150,000 and$9,400,000 respectively,the proceeds of which were used to pay the costs of public infrastructure benefitting all six (6) units of the Subject Property with an available balance of$1,109,463 to complete the final punch list of incomplete items. The City estimates the cost to complete the final punch list of incomplete items to be F. Pursuant to the terms of that certain Public Improvements Agreement dated November 1, 2005 (as amended, restated, supplemented or otherwise modified from time to time, the "Public Improvements Agreement'), by and among the City, MS II (as successor to 3 dms.us.52429020.01 Engineering Enterprises, Road,52 Wheeler Sugar JOB NO: Y01320 PREPARED BY: BPS DATE: August 8, 2013 PROJECT TITLE: I Raintree Village - Units 4, 5, and 6 Engineer's Opinion of Probable Construction Cost ITEM UNIT NO. ITEM UNIT QUANTITY PRICE AMOUNT 1 CONSTRUCTION DEBRIS REMOVAL LS 1 $ 5,000.00 $ 5,000.00 2 STRUCTURE ADJUSTMENT- SANITARY EACH 4 $ 300.00 $ 1,200.00 3 CHIMNEY SEAL REPLACEMENT EACH 5 $ 500.00 $ 2,500.00 4 RESET FRAME AND/OR ADJUSTING RINGS - SANITARY EACH 3 $ 300.00 $ 900.00 5 INSTALL, REINSTALL OR REPAIR FILLETS IN STORM STRUCTURE EACH 299 $ 75.00 $ 22,425.00 6 FRAME REPLACEMENT EACH 2 $ 750.00 $ 1,500.00 7 STRUCTURE CLEANING - STORM EACH 56 $ 100.00 $ 5,600.00 8 PIPE GROUTING - STORM EACH 34 $ 150.00 $ 5,100.00 9 BENCH REPAIR - STORM EACH 2 $ 100.00 $ 200.00 10 FRAME ADJUSTMENT/ REALIGNMENT - STORM EACH 9 $ 200.00 $ 1,800.00 11 SILT BASKET REMOVAL EACH 1 $ 75.00 $ 75.00 12 PROVIDE INLET PROTECTION EACH 2 $ 250.00 $ 500.00 13 MANHOLE REPAIR EACH 1 $ 750.00 $ 750.00 14 MANHOLE LID REPLACEMENT- STORM EACH 2 $ 500.00 $ 1,000.00 15 PAINT FIRE HYDRANT LS 1 $ 7,500.00 $ 7,500.00 16 FIRE HYDRANT REPAIR EACH 2 $ 500.00 $ 1,000.00 17 FIRE HYDRANT ADJUSTMENT/ALIGNMENT LS 1 $ 5,000.00 $ 5,000.00 18 VALVE BOX ADJUSTMENT/RESETTING EACH 13 $ 300.00 $ 3,900.00 19 VALVE BOX REPAIR EACH 6 $ 200.00 $ 1,200.00 20 VALVE VAULT CLEANING EACH 2 $ 500.00 $ 1,000.00 21 WHIP REMOVAL EACH 2 $ 100.00 $ 200.00 22 FRAME ADJUSTMENT/ REALIGNMENT-VALVE VAULTS EACH 6 $ 200.00 $ 1,200.00 23 VALVE VAULT REPAIR EACH 2 $ 750.00 $ 1,500.00 24 REMOVE AND REPLACE B6.12 CURB AND GUTTER FOOT 718 $ 35.00 $ 25,130.00 25 MISC. CURB REPAIR - EPDXY LS 1 $ 10,000.00 $ 10,000.00 26 CLASS "D" PATCHES, 4" SY 1,472 $ 40.00 $ 58,880.00 27 HOT-MIX ASPHALT SURFACE REMOVAL - BUTT JOINT SY 300 $ 20.00 $ 6,000.00 28 BITUMINOUS MATERIALS (PRIME COAT) GAL 8,860 $ 1.50 $ 13,290.00 29 HOT-MIX ASPHALT SURFACE COURSE, MIX C, N50 TON 5,950 $ 70.00 $ 416,500.00 30 ROADWAY EDGE SEALER LBS 10,850 $ 2.50 $ 27,125.00 31 PAVEMENT MARKINGS LS 1 $ 5,000.00 $ 5,000.00 32 TRAFFIC CONTROL SIGNAGE AND POSTS LS 1 $ 10,000.00 $ 10,000.00 33 STREET LIGHT REPAIR- UNITS 4 & 5 LS 1 $ 7,500.00 $ 7,500.00 34 STREET LIGHT INSTALLATION - UNIT 4 EACH 15 $ 4,500.00 $ 67,500.00 35 STREET LIGHT INSTALLATION - UNIT 5 EACH 5 $ 4,500.00 $ 22,500.00 36 STREET LIGHT INSTALLATION - UNIT 6 EACH 25 $ 5,000.00 $ 125,000.00 37 TREE REMOVAL AND REPLACEMENT LS 1 $ 5,000.00 $ 5,000.00 38 INSTALL COMMON LANDSCAPING - UNIT 6 LS 1 $ 69,935.00 $ 69,935.00 SUB-TOTAL ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST $ 940,410.00 ENGINEERING AND CONTINGENCY -20% $ 188,080.00 TOTAL ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST $ 1,128,490.00 G:\Public\Yorkville\2013\YO1320-DG Raintree Village\Punchlist\EOPC PH 4-6_8-8-13.xls Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator ' CC: Date: July 18, 2013 Subject: Raintree Village Annexation agreement amendment JILL �►�. Summary A public hearing on the fifth amendment to the Raintree Village annexation agreement. Background The City Council last discussed the Raintree Village property in January 2013, under the SSA abatement ordinances at a special City Council meeting. At that meeting, the City Council and staff presented the residents of Raintree Village with the corresponding SSA amounts for payment in calendar year 2013. In short, the SSA payments for this subdivision increased between $125 and $300 per lot from the prior year due to non-payment of property taxes by various vacant property owners. Those vacant lots are now controlled singularly by MS Rialto Raintree Village IL, LLC and MS Rialto Raintree Village II, LLC. MS Rialto's two development entities are being managed on a day-to-day basis by representatives from the Lennar corporation,which was one of the original developers and builders of the subdivision. Lennar's representatives were contacted this past winter during the SSA discussion, and they indicated at the time that they were not able to pay the property taxes in the subdivision. When that fact was confirmed, the City proceeded further with studying refinancing options, resulting in the refinancing process previously discussed for Raintree SSA Unit 1. As discussed, Raintree SSA Unit 2 can not be refinanced because there are too many vacant lots with unpaid property taxes. As a reminder, we expect the SSA Unit 1 refinancing to save a single family home owner$230 and a duplex owner$189 next year, which almost offsets the increase seen in the SSA property tax in 2013. With the refinancing on the table, Lennar representatives approached us on behalf of MS Rialto to get ongoing issues in the subdivision cleaned up. The attached annexation agreement amendment represents a cleanup of some past issues in the Raintree Village subdivision and offers the City an opportunity to control the completion of the infrastructure going forward. The highlights of the attached agreement are: 1) Payment of all past due, current year, and future property taxes, including SSA payments, on vacant lots within SSA Unit 1 (Final Plat Units 1, 2, and 3). This will have a major positive impact on the SSA calculations for 2014 in SSA Unit 1. Even though payment of property taxes are governed by state law and the City has no authority to force property owners to make said payments, the developer has agreed to include this guarantee within the structure of this annexation agreement amendment, allowing us some enforcement authority should they not pay them in the future. This is evidence of a good faith effort by the developer to move this subdivision forward and could indicate that there will be home construction on the property in the near future (my speculation). 2) Payment of all past due, current year, and 2014 property taxes, including SSA payments on vacant lots within SSA Unit 2 (Final Plat Units 4, 5, and 6), with a mechanism within the agreement that provides the residents with a direct reimbursement from MS Rialto in the event that property tax payments are not made in either 2013 or 2014. In short, if vacant lot property taxes are not paid by December for the 2013 taxes and the 2012 taxes that are overdue, MS Rialto will send a check to the City to offset the increase in the SSA taxes in 2013. We've structured this check to be $180 per year per single family dwelling unit, $147 per year per duplex unit, and $125 per year per townhome dwelling unit in the event of non-payment—which should offset the increase in the SSA observed in 2013. MS Rialto can not make that guarantee beyond 2014 due to the high number of vacant lots in SSA Unit 2 vs. occupied lots. a. The City's and developer's mutual hope is that the issues cleared up in this agreement and the resurgent local development community will result in the ability to build homes on SSA Unit 2 in the future. As the property becomes more valuable to the current owner or a future owner and they fear losing the asset through a property tax sale, they will have more of an incentive to pay property taxes in the future. 3) A complete turnover of infrastructure completion to the City, by turning over access to $1.1 million in SSA development funds. EEI has managed City-takeover of infrastructure obligations in other municipalities, and they are generally comfortable with doing so in this subdivision. EEI's current estimate to complete the subdivision is in line with the available SSA funds, but for a few minor outstanding issues that we are working out related to the final punch-list. I expect total agreement between the City and developer on the remaining cost estimate and punch-list by City Council consideration of this agreement. EEI's estimate of probable construction costs for the subdivision takes into account EEI's time to manage all aspects of the infrastructure completion, which means this would be of minimal impact to existing in-house staff and at no anticipated additional cost to the City 4) Reiteration that parkway improvements (trees and sidewalks) are not a developer obligation, and instead are the responsibility of the homeowner. This is a reiteration because it was included in a previous agreement but has not yet been implemented. 5) Release of four bonds held by the City for completion of the subdivision in the amount of—$1.8 million, and release of the obligations put forth in the public improvements agreement between the City and developer. 6) A building permit fee lock for five years from the date of this new amended agreement. 7) A building code lock for five years from the date of this new amended agreement. Recommendation Staff recommends feedback on the fifth amended annexation agreement for Raintree Village. A representative from MS Rialto will be present at the public hearing to answer questions. This item is scheduled for the August 6th EDC meeting and August 13th City Council meeting for a City Council vote. � x jeer ' � - t • c; ' a� e ! pin a �• e voi ?ii� Nf '• s _ acv auo�,�v�yt' •��' ,,� !r edy J+ ° ��• � , Cod 5 c `l(C 1 V 6Fb � � � l � ' � 3� � 1 � L - O UDC �yy�� Yi�y � , Yp � \\� w �nlpl {'»' M ` 2Y � F .�'ti� � c � j � � • � �` n� �l�� ea . ca 1 antl PIeNU�H* a�R# 11 Y )1 uajsyyexXV� `e ` � �i �a s 3�. ,r- _ � ,.- : a � ,�a � 6�� i ± { � °a� *�+�+ J �PCOea,�i u �' M Ptl 3 4b ,... n..m... .. � .5 � � �m C°� Ordinance No. 2013- ORDINANCE APPROVING A FIFTH AMENDMENT TO AN ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (Raintree Village—Formerly the Highland Subdivision) WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City"), is a non-home-rule municipality pursuant to the Illinois Constitution of 1970 and the laws of this State; and, WHEREAS, the City entered into a certain Annexation Agreement and Planned Unit Development Agreement in 1997 (as amended, restated, supplemented or otherwise modified from time to time, the "Annexation Agreement') with Wyndham Deerpoint Homes, an Illinois limited partnership (the "Original Owners") which provided for, among other things, the development of approximately 186 acres of real property (the "Subject Property") for residential use; and, WHEREAS, the Original Owners proceeded to develop the Subject Property and constructed 291 single-family residential units, however, due to economic conditions, were unable to complete the development and have now been succeeded by MS Rialto Raintree Village IL and MS Rialto Raintree Village 11, LLC (the "Current Owners"); and, WHEREAS, the Current Owners and the City desire to amend the Annexation Agreement to clarify the respective obligations of the parties pertaining to the completion of the development of the Subject Property, all as set forth in the Fifth Amendment to an Annexation Agreement and Planned Unit Development Agreement (Raintree Village — Formerly the Highland Subdivision) (hereinafter the "Fifth Amendment'). NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Fifth Amendment in the form Ordinance No.2013- Page 1 attached hereto is hereby approved and the Mayor and City Clerk are hereby authorized to execute and deliver said Fifth Amendment. BE IT FURTEHR ORDAINED that the City Administrator and City Engineer are hereby authorized to proceed as necessary to implement the terms of said Fifth Amendment. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , 2013. CITY CLERK ROSE ANN SPEARS DIANE TEELING KEN KOCH JACKIE MILSCHEWSKI CARLO COLOSIMO JOEL FRIEDERS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2013. MAYOR Ordinance No.2013- Page 2 FIFTH AMENDMENT TO AN ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (Raintree Village—Formerly the Highland Subdivision) THIS FIFTH AMENDMENT (the "Fifth Amendment") to the Annexation Agreement and Planned Unit Development Agreement dated March 28, 1997, by and between Wyndham Deerpoint Homes, an Illinois limited partnership (collectively the "Original Owners") and the United City of Yorkville, Kendall County, Illinois, a municipal corporation (hereafter the "City"), as amended June 24, 1999, December 10, 2002, January 13, 2004 and October 11, 2005, is dated this day of August 2013, by and among the City, MS Rialto Raintree Village IL, LLC, a Delaware limited liability company("MS IL") and MS Rialto Raintree Village II, LLC, a Delaware limited liability company ("MS II" and together with MS IL, individually and collectively, "MS") as successors to the Original Owners. RECITALS: WHEREAS, the United City of Yorkville, Kendall County, Illinois, is a non-home-rule municipality pursuant to the Illinois Constitution of 1970 and the laws of this State; and, WHEREAS, the City entered into a certain Annexation Agreement and Planned Unit Development Agreement in 1997 (as amended, restated, supplemented or otherwise modified from time to time, the "Annexation Agreement") with the Original Owners which provided for, among other things, the development of approximately 186 acres of real property (the "Subject Property") for residential use; and, WHEREAS, the Original Owners proceeded to develop the Subject Property and constructed 291 single-family residential units, however, due to economic conditions, were unable to complete the development; and, WHEREAS, MS and the City wish to amend the Annexation Agreement, subject to the terms and conditions as hereinafter set forth. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants and agreements hereinafter set forth, the parties agree as follows: Section 1. Recitals. The foregoing Recitals are hereby incorporated into this Fifth Amendment as if fully restated. Section 2. Status of Development of the Subject Property. A. The parties hereto acknowledge that the development of the Subject Property has been platted in six (6)units, for single-family homes, duplexes and townhomes as follows: SINGLE FAMILY DUPLEXES TOWNHOMES UNIT 1 97 0 0 UNIT 2 100 0 0 UNIT 3 1 86 0 UNIT 4 0 38 128 UNIT 5 101 0 0 UNIT 6 103 0 0 TOTAL 402 124 128 B. The Original Owners, upon approval of the Final Plats for all six (6)units,paid all applicable development fees, school and park transition fees, connection fees, water siren fees, municipal building fees, interceptor fee, sanitary sewer fee, river crossing fee other than building permit fees which are due and payable upon application of a building permit. C. The Original Owners deposited performance bonds as required by City Code to ensure completion of the public infrastructure for the development of the Subject Property and 2 requested the designation of Special Service Areas pursuant to the Special Service Tax Law, 35 ILCS 200/27 et seq., covering the Subject Property to be utilized as a primary funding mechanism for public improvements benefitting the Subject Property. D. The Original Owners delivered to the City the following performance bonds as security to guarantee the construction of the public improvements required for the development of the Subject Property: Bond Safeguard Co. #5035420 in the amount of$396,809.12; Bond Safeguard Co. #5035421 in the amount of$503,184.11; Bond Safeguard Co. #5035422 in the amount of$891,128.30; and, Arch Insurance Company, Bond#104125069 in the amount of$3,000.00. E. Pursuant to the request of the Original Owners, the City established Special Service Area Number 2003-100 and Special Service Area Number 2004-107 and issued SSA Bonds in the principal amount of$7,150,000 and $9,400,000 respectively, the proceeds of which were used to pay the costs of public infrastructure benefitting all six (6) units of the Subject Property with an available balance of $1,109,463 which the City estimates to be sufficient infrastructure items. F. Pursuant to the terms of that certain Public Improvements Agreement dated November 1, 2005 (as amended, restated, supplemented or otherwise modified from time to time, the "Public Improvements Agreement"), by and among the City, MS II (as successor to Raintree Village II, L.L.C.) and the "Seller" as defined therein, no security is required for that portion of the cost of the public improvements that are paid, or to be paid, from the bond proceeds. G. As of the date hereof, the real estate taxes assessed as a result of the establishment of Special Service Area 2003-100 and Special Service Area 2004-107 for the year 2011, payable in 2012, Have not been paid on those lots within the Subject Property which are owned by MS. H. As of the date hereof, the following number of residential units have been completed: 20 of the 128 platted townhomes; 65 of the 124 platted duplexes; and, 206 of the 402 platted single-family residences Section 3. Obligations of MS. MS hereby covenants and agrees, in consideration of the undertakings and commitments of the City as hereinafter set forth in Section IV of this Fifth Amendment as follows: A. To pay real estate taxes and special assessments on all lots owned by MS within Units 1, 2 and 3 of the Subject Property for the year 2011, (payable in 2012), the year 2012 (payable in 2013), and to pay, or cause to be paid, all future real estate taxes and special assessments levied on each within Units 1, 2 and 3 of the Subject Property owned by MS as such taxes and special assessments become due and payable. B. To pay or cause to be paid, real estate taxes and special assessments on all lots owned by MS within Units 4, 5 and 6 of the Subject Property for the year 2011 (payable in 2012), year 2012 (payable in 2013) and year 2013 (payable in 2014) prior to the due date for said real estate taxes as established by Kendall County. Should such real estate taxes and special assessments for the years 2011 and 2012 (payable in 2012 and 2013, respectively) not be paid on or before January 1, 2014, then MS shall pay to the City on or before January 15, 2014, (i) $360.00 per non-MS-owned single-family residence within Unit 4, 5 or 6 as of the date of this 4 Fifth Amendment, (ii) $294.00 per non-MS-owned duplex within Unit 4, 5 or 6 as of the date of this Fifth Amendment, and (iii) $250.00 per non-MS owned townhome within Unit 4, 5 or 6 as of the date of this Fifth Amendment (the sum of(i) through (iii), the "2014 Payment"). Should such real estate taxes and special assessments for 2013, payable in 2014, not be paid on or before January 1, 2015, MS shall pay to the City on or before January 15, 2015, (x) $180.00 per non- MS owned single-family residence within Unit 4, 5 or 6 as of the date of this Fifth Amendment, (y) $147.00 per non-MS owned duplex within Unit 4, 5 or 6 as of the date of this Fifth Amendment, and (z) $125.00 per non-MS owned townhome within Unit 4, 5 or 6 as of the date of this Fifth Amendment (the sum of(x) through (z), the "2015 Payment"). Upon receipt of the 2014 Payment and/or 2015 Payment, as applicable, the City shall determine whether property owners within Units 4, 5 and 6 who are subject to the same special assessment shall be paid directly, credited the amount due to each on their respective water bills or otherwise compensated by such other method as the City may determine appropriate to ensure that such property owners receive the benefit of the 2014 Payment and/or 2015 Payment, as applicable. C. To assign all of MS's right, title and interest in and to bond proceeds resulting from the issuance of bonds secured by Special Service Area 2003-100 and Special Service Area 2004-107 to the City in order to permit the City to complete the public infrastructure serving the Subject Property. D. To use its reasonable best efforts to cause an entity that is not affiliated with MS to complete the construction of the remaining 108 townhomes, 59 duplexes and 196 single- family residences in accordance with the recorded final plats, all applicable codes and regulations of the City and other governmental units having jurisdiction over the Subject Property. E. To continue to satisfy its obligations to the homeowners' associations in all material respects, to the extent such obligations have not been assumed by the residents or any other person. F. To use its reasonable best efforts to notify home builders of the home builder's obligation to provide security on a lot by lot basis for residential landscaping, sidewalk and driveway improvements in an amount equal to 120% of the total cost as estimated by City Engineer. G. To agree that the fees which are applicable to the development of the Subject Property are as set forth on Exhibit A attached hereto and made a part hereof. Section 4. Obligation of the City. For and in consideration of the undertakings by MS as hereinabove set forth in Section 3, the City covenants and agrees to undertake the following: A. Upon receipt of the assignment of all right, title and interest in the bond proceeds issued pursuant to the Special Service Area 2003-100 and Special Service Area 2004-107, the City shall release the following performance bonds: (1) Bond Safeguard Co. (security for Unit 4); Bond No. 5035420 in the amount of$396,809.12; and, (2) Bond Safeguard Co.(security for Unit 5); Bond No. 5035421 in the amount of$503,184.11; (3) Bond Safeguard Co. (security for Unit 6) Bond No. 5035422 in the amount of$891,128.30; and, (4) Arch Insurance Company (security for Route 71 improvements) Bond No. 104125069 in the amount of$3,000.00. 6 Furthermore, upon such assignment the City and MS II shall terminate the Public Improvements Agreement and MS shall have no further obligations to the City except as otherwise specified in Section 3 hereof. B. Upon receipt of the assignment of all right, title and interest in the bond proceeds issued pursuant to the Special Service Area 2003-100 and Special Service Area 2004-107, the City agrees to proceed to construct all public improvements as required pursuant by the approved Final Plat for the Subject Property. C. Pursuant to Section 8-1-2.5 of the Illinois Municipal Code (65 ILCS 8-1-2.5) which authorizes a municipality to appropriate or expend funds or make grants for the purpose of economic development, the City agrees that all fees applicable to the development of the Subject Property as itemized on Exhibit A attached hereto and made a part hereof shall not be increased for a period of five (5) years from the date hereof. D. The City agrees that all applicable City zoning and building codes currently in full force and effect shall apply to the Subject Property and no amendment to said City building or zoning Codes shall apply to the Subject Property for a period of five (5) years from the date hereof unless such City building or zoning codes are less restrictive than those currently in full force and effect. Section 5. Procedure for Deelaring Defaults. In the event any party defaults in its performance of its obligations set forth in this Fifth Amendment, then the non-defaulting parties shall, upon notice to the defaulting party, allow the defaulting party thirty (30) days to cure the default or provide evidence that such default will be cured in a timely manner if it cannot be cured during said period. Notwithstanding the above, in the event of an emergency life, health or safety situation, the City shall have the right, but not the obligation, to enter onto the Subject Property and cure the default without giving MS prior notice or an opportunity to cure. Section 6. Remedies for Defaults or Failure of Conditions. Upon a breach of this Fifth Amendment, any of the parties, in any court of competent jurisdiction, by an action or proceeding in law or equity, may pursue any and all remedies available at law and in equity, including but not limited to a writ of mandamus, declaratory judgment or the specific performance of the covenants and agreements herein contained, any monetary damages and any and all other remedies other provided by law or equity. Section 7. Severability. If any section, subsection, term or provision of this Fifth Amendment or the application thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of said section, subsection, term or provision of this Development Agreement or the application of same to parties or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby. Section 8. Notices. All notices, demands, requests, consents, approvals or other instruments required or permitted by this Fifth Amendment shall be in writing and shall be executed by the party or an officer, agent or attorney of the party, and shall be deemed to have been effective as of the date of actual delivery, if delivered personally, or as of the third (3rd) day from and including the date of posting, if mailed by registered or certified mail, return receipt requested, with postage prepaid, addressed as follows: 8 To MS Bill Burgess, President Lennar Minnesota 1630536 th Avenue N. Suite 600 Plymouth, MN 55466 With a copy to : Nicholas Isaacson Faegre Baker Daniels, LLP 311 South Wacker Dive Suite 4400 Chicago, Illinois 60606 To the City United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 With a copy to : Kathleen Field Orr, City Attorney Kathleen Field Orr&Associates 53 West Jackson Blvd. Suite 964 Chicago, Illinois 60604 Section 9. Miscellaneous. A. This Fifth Amendment shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. B. This Fifth Amendment may not be assigned by MS without the prior written consent of the City. C. Time is of the essence of this Fifth Amendment and all documents, agreements and covenants contained herein shall be performed in a timely manner by the parties hereto. D. This Fifth Amendment may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this Fifth Amendment to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois Municipal Corporation By: Mayor Attest: City Clerk MS Rialto Raintree Village IL, LLC, a Delaware limited liability company, as to Raintree Village units/parcels 1, 2 and 3 MS Rialto Raintree Village II, LLC, a Delaware limited liability company, as to Raintree Village units/parcels 4, 5 and 6 By: MS Rialto Residential Holdings, LLC, a Delaware limited liability company, its member By: MSR Holding Company, LLC, a Delaware limited liability company, its member By: U.S. Home Corporation, a Delaware corporation, its Illinois Manager By: Name: Title: Date: August_, 2013 Attest: Secretary 10