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City Council Packet 2008 05-27-08 United City of Yorkville " 800 Game Farm Road EST. , i 1836 Yorkville, Illinois 60560 o �� .~ �n Telephone: 630-553-4350 Fax: 630-553-7575 AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday, May 27, 2008 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD W Wally Werderich Gary Golinski Marty Munns Joe Besco Arden Joe Plocher Robyn Sutcliff Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: 6:00 p.m., June 17, 2008 City Hall Conference Room Economic Development Committee: 7:00 p.m., June 5, 2008 City Hall Conference Room Administration Committee Meeting: 6:00 p.m., June 12, 2008 Yorkville Public Library Public Safety Committee Meeting: 6:00 p.m., June 26, 2008 City Hall Conference Room Presentations: 1. Special Olympics Presentation City Council Meeting Agenda May 27, 2008 Page 2 Public Hearings: Citizen Comments: Consent Agenda: 1 . PW 2008-68 Water Department Report for March 2008 2. PW 2008-69 Water Department Report for April 2008 3 . PW 2008-70 McHugh Road Roadway Improvements — Bid Results - award contract to Aurora Blacktop, Inc. in an amount not to exceed $178,371. 85 4. PW 2008-712008 Asphalt Surface Treatment — Bid Results - award contract to CAM, LLC in an amount not to exceed $47, 005. 10 5 . PW 2008-72 2008 Crack Filling Project — Bid Results & MFT Appropriation Resolution - award contract to SKC Construction, Inc. in an amount not to exceed $25,289. 35 and approve supplemental MFT appropriation resolution and authorize City Clerk to execute 6. PW 2008-73 Van Emmon Water Service Transfers — Change Order #1 - authorize decrease in the amount of'$4, 061. 75 and authorize Mayor to execute 7. PW 2008-74 Kendall Marketplace — Temporary Entrance Permit Bond Release - authorize release of St. Paul Traveler 's Bond No. 104666919 in the amount of$2, 500. 00 8. PW 2008-75 Kendall Marketplace — Offsite Storm Sewer Bond Release - authorize release of Traveler 's Casualty & Surety Company ofAmerica Bond No. 104811916 in the amount of $126, 930. 00 9. PW 2008-76 Grande Reserve — Letter of Credit Expirations - authorize City Clerk to call letters of credit if they are not renewed by August 1, 2008 10. PW 2008-80 Wells 3 & 4 Treatment Facility — Certificate Regarding Operation & Maintenance - authorize Mayor and City Clerk to execute 11 . PS 2007-28 Ordinance Amending Ordinance No. 2008-38 Providing for the Registration of Mobile Food Vendor Units - authorize Mayor and City Clerk to execute Plan Commission / Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council — April 22, 2008 City Council Meeting Agenda May 27, 2008 Page 3 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 258,141 .09 (vendors FY 07/08) $ 266,752. 18 (vendors FY 08/09) $ 2, 107.61 (payroll period ending 5/9/08) $ 258,861 .65 (payroll period ending 5/10/08) $ 785,862.53 (total) Reports: Mayor's Report: 1 . CC 2008-38 Appointment of Scott Gengler as Ward 1 Alderman to Replace Former Alderman Jason Leslie 2. CC 2008-39 Appointments to Boards and Commissions 3 . CC 2008-40 Appointment of Hearing Officers 4. CC 2008-41 Swearing-in of Appointed Officials City Attorney Kathleen Field Orr City Administrator Brendan McLaughlin Chief of Police Harold Martin Parks and Recreation Director Dave Mcgle Finance Director and Budget Officer Susan Mika Public Works Director Eric Dhuse City Engineer Joe Wywrot Building Inspector/Zoning Official William Dettmer Deputy Clerk Lisa Pickering Deputy Treasurer Jennifer Milewski 5. CC 2008-42 Metropolitan Mayor's Caucus Update City Council Report: 1 . CC 2008-43 Resolution Supporting the Kendall County Special Olympics City Attorney's Report: City Clerk's Report: City Treasurer' s Report: 1 . CC 2008-44 Annual Police Pension Report City Administrator's Report: Finance Director's Report: Director of Public Works Report: City Council Meeting Agenda May 27, 2008 Page 4 Reports (con't): Chief of Police Report: Director of Parks & Recreation Repo Community Development Director Report: Community Relations Officer: Community & Liaison Report: Committee Reports: Public Works Committee Report: 1 . No report. Economic Development Committee Report: 1 . PC 2007-42 Windmill Farms (Jake Land Group, LLC) a. Ordinance Authorizing the Execution of an Annexation and PUD Agreement b. Ordinance Annexing c. Ordinance Rezoning 2. PC 2008- 17 Ordinance Rezoning Certain Property in Furtherance of an Annexation Agreement (Lincoln Prairie) 3 , PC 2008-04 Yorkville Town Center (Raycorp, Inc.) a. Ordinance Approving the First Amended Annexation Agreement and PUD Agreement b. Ordinance Rezoning Public Safety Committee Report: 1 . PS 2008-18 Request for Sponsorship — Kendall County Special Olympics "Family Fun Festival" 2. PS 2007-28 Ordinance Amending the Code of Ordinances Providing for the Registration of Solicitors, Hawkers and Itinerant Merchants Administration Committee Report: 1 . No report. Additional Business: Executive Session: 1 . For the purchase or lease of real property for the use of the public body. 2. 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. Adjournment: City Council Meeting Agenda May 27, 2008 Page 5 COMMITTEES, MEMBERS AND RESPONSIBILITIES ----------- ;PUBLIC WORKS; — -------- -- - -- Committee Deparhnents Liaisons Chairman: Alderman Besco Water and Sewer Park Board Vice-Chairman: Alderman Plocher Streets and Alleys YBSD Committee: Alderwoman Sutcliff Sanitation and Waste Committee: VCONOMIC DEVELOPMENT; Committee Departments Liaisons Chairman: Alderman Golinski Planning & Building & Zoning Chamber of Commerce Vice-Chairman: Business & Economic Dev. Kendall County Econ. Dev. Committee: Alderman Munns Plan Commission Committee: Alderman Besco Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention & Tourism Council Downtown Re-development iPUBLIC SAFETY --- --------- --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Committee Departments Liaisons Chairman: Alderwoman Spears Police Human Resource Comm. Vice-Chairman: Alderwoman Sutcliff Schools School District Committee: Alderman Werderich Public Relations KenCom Committee: Alderman Plocher ---------------------------------------------- iADMINISTRATIONi Committee Departments Liaisons Chairman: Alderman Munns Finance Metra Vice-Chairman: Alderman Werderich Public Properties Library Committee: Alderwoman Spears Personnel Cable Consortium Committee: Alderman Golinski UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, May 27, 2008 7:00 PM CITY COUNCIL CHAMBERS --------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS: ..............----------.......--.............---.................................-.............--------------................... ------ 1 . Special Olympics Presentation --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: --------------------------------------------------------------------------------------------------------------------------------------- 1 . PW 2008-68 Water Department Report for March 2008 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2008-69 Water Department Report for April 2008 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3 . PW 2008-70 McHugh Road Roadway Improvements — Bid Results ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2008-712008 Asphalt Surface Treatment — Bid Results ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ---------------------------------------------------------------------........-------------------------------------------------------- 5. PW 2008-72 2008 Crack Filling Project — Bid Results & MFT Appropriation Resolution ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2008-73 Van Emmon Water Service Transfers — Change Order #1 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2008-74 Kendall Marketplace — Temporary Entrance Permit Bond Release ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 8. PW 2008-75 Kendall Marketplace — Offsite Storm Sewer Bond Release ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 9. PW 2008-76 Grande Reserve — Letter of Credit Expirations ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 10. PW 2008-80 Wells 3 & 4 Treatment Facility — Certificate Regarding Operation & Maintenance ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 11 . PS 2007-28 Ordinance Amending Ordinance No. 2008-38 Providing for the Registration of Mobile Food Vendor Units ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: -----------------------------------------------------------------------..................---------------------------------------------- 1 . City Council — April 22, 2008 ❑ Approved ❑ As presented ❑ As amended --------------------------------------------------------------------------------------------------------------------------------------- BILL LIST: -------------------------------------------------------------------------------------------------------------.......................... ❑ Approved ❑ As presented ❑ As amended ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: --------------------------------------------------------------------------------------------------------------------------------------- 1 . CC 2008-38 Appointment of Scott Gengler as Ward I Alderman to Replace Former Alderman Jason Leslie ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2008-39 Appointments to Boards and Commissions ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3 . CC 2008-40 Appointment of Hearing Officers ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. CC 2008-41 Swearing-in of Appointed Officials ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. CC 2008-42 Metropolitan Mayor' s Caucus Update ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- CITY COUNCIL REPORT: --------------------------------------------------------------------------------------------------------------------------------------- 1 . CC 2008-43 Resolution Supporting the Kendall County Special Olympics ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- CITY TREASURER'S REPORT: --------------------------------------------------------------------------------------------------------------------------------------- 1 . CC 2008-44 Annual Police Pension Report ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- REPORTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- ECONOMIC DEVELOPMENT COMMITTEE REPORT: --------------------------------------------------------------------------------------------------------------------------------------- 1 . PC 2007-42 Windmill Farms (Jake Land Group, LLC) a. Ordinance Authorizing the Execution of an Annexation and PUD Agreement ❑ Approved ❑ Subject to b. Ordinance Annexing ❑ Approved ❑ Subject to c. Ordinance Rezoning ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PC 2008- 17 Ordinance Rezoning Certain Property in Furtherance of an Annexation Agreement (Lincoln Prairie) ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3 . PC 2008-04 Yorkville Town Center (Raycorp, Inc.) a. Ordinance Approving the First Amended Annexation Agreement and PUD Agreement ❑ Approved ❑ Subject to b. Ordinance Rezoning ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY COMMITTEE REPORT: --------------------------------------------------------------------------------------------------------------------------------------- 1 . PS 2008- 18 Request for Sponsorship — Kendall County Special Olympics "Family Fun Festival" ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PS 2007-28b Ordinance Amending City Code Providing for the Registration of Solicitors, Hawkers and Itinerant Merchants ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- CAS t United City of Yorkville WATER DEPARTMENT REPORT MARCH 2008 MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET FEET FEET GALLONS 3 1335 501 204 71250,000 4 1393 542 188 0 7 1500 883 555 31420,300 8 1500 861 475 36,000 9 1500 1125 578 28, 186,000 TOTAL 381892,300 CURRENT MONTH'S PUMPAGE IS 3,916,800 GALLONS MORE THAN LAST MONTH l 241,000 GALLONS MORE THAN LAST MONTH DAILY AVERAGE PUMPED: 1 ,263,700 GALLONS DAILY MAXIMUM PUMPED: 2,247,200 GALLONS DAILY AVERAGE PER CAPITA USE: 105.3 GALLONS WATER TREATMENT CHLORINE FED: 1047 LBS. CALCULATED CONCENTRATION : 3 .4 MG/L FLUORIDE FED: 574 LBS, CALCULATED CONCENTRATION : 0.32 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 12 SAMPLES TAKEN 12 SATISFACTORY UNSATISFACTORY (EXPLAIN) FLOURIDE: 3 SAMPLE(S) TAKEN CONCENTRATION : 1 .01 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 7 NUMBER OF LEAKS OR BREAKS REPAIRED: 0 NEW CUSTOMERS MXU'S: 3 RESIDENTIAL: 39 COMMERCIAL: 1 INDUSTRIAL/GOVERNMENTAL: _ COMMENTS Well #4 still out of service for maintenance. OA if a United City of Yorkville pw ac�g - lob ne WATER DEPARTMENT REPORT 7i�E yr APRIL 2008 MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET FEET FEET GALLONS 3 1335 501 204 41689,000 4 1393 622 268 91133,000 7 1500 883 556 51486,200 8 1500 861 477 0 9 1500 1125 579 29,672,000 TOTAL 48,980,200 CURRENT MONTH'S PUMPAGE IS 10,087,900 GALLONS MORE THAN LAST MONTH 4,278, 100 GALLONS MORE THAN LAST MONTH DAILY AVERAGE PUMPED: 1 527,900 GALLONS DAILY MAXIMUM PUMPED: 2,691,900 GALLONS DAILY AVERAGE PER CAPITA USE: 127.3 GALLONS WATER TREATMENT CHLORINE FED: 1038 LBS. CALCULATED CONCENTRATION : 3.6 MG/L FLUORIDE FED: 621 LBS. CALCULATED CONCENTRATION : 0.28 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 12 SAMPLES TAKEN 12 SATISFACTORY UNSATISFACTORY (EXPLAIN) FLOURIDE: 3 SAMPLE(S) TAKEN CONCENTRATION : 1 .02 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 13 NUMBER OF LEAKS OR BREAKS REPAIRED: 0 NEW CUSTOMERS MXU'S : 13 RESIDENTIAL: 17 COMMERCIAL: 1 INDUSTRIAL/GOVERNMENTAL: _ COMMENTS 4/11/08 Well #4 went back on line. Flushed every fire hydrant in town 1400 Total. c/).y Reviewed By: Agenda Item Number J= R T Legal ❑ C k A EST isac Finance ❑ 1 I �� Engineer W S1'109 Tracking Number -4 City Administrator ❑ Consultant ❑ ❑ P W JODS— �O <k E Agenda Item Summary Memo Title: McHugh Road Roadway Improvements—Bid Results Meeting and Date: CITY OC MIaL 50-7/03 Synopsis: Recommend award to Aurora Blacktop, Inc. for the bid amount of$178,371.85. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: oe CII?y 00 Memorandum EST. 1836 To: Brendan McLaughlin, City Administratvr 14 ~ From: Joe Wywrot, City Engineer U 9 lsl 0 CC: Sue Mika, Finance Director Lisa Pickering, Deputy City Clerk <LE ��• Date: May 7, 2008 Subject: McHugh Road Roadway Improvements — Bid Results Bids were opened on May 7, 2008 for the referenced project. This project consists of repaving of the roadway, curb repairs, and related work on McHugh Road, generally between Walnut Street and Spring Street. The following bids were received: Aurora Blacktop, Inc. $ 178,371 .85 1065 Sard Ave. Montgomery, Illinois 60538 Abbey Paving Co., Inc. $202,569.03 2319 Diehl Road Aurora, Illinois 60502 "D" Construction $2063953.00 1488 S. Broadway Coal City, Illinois 60416 K-Five Construction $221 ,137.25 13769 Main Street Lemont, Illinois 60439 Meyer Paving, Inc. $2235832.05 50W363 IL Rt.64 Maple Park, Illinois 60151 U C Paving, Inc. $2353414.50 P.O. Box 508 Peru, Illinois 61354 Engineer's Estimate $2379891 .00 Aurora Blacktop has constructed many of the roads in Yorkville over the years, and has consistently performed well. I recommend that the contract for construction of the McHugh Road Roadway Improvement project be awarded to Aurora Blacktop, Inc. for the bid amount of $ 178,371 .85. Please place this item on the May 20, 2008 Public Works Committee agenda for consideration. `�fpD C/py Reviewed By: Agenda Item Number J� T Legal ❑ ESE leas Finance ❑ , Z Engineer V5 Tracking Number City Administrator ❑ 9 `20 Consultant ❑ PVV loos q <LE F1 Agenda Item Summary Memo Title: 2008 Asphalt Surface Treatment — Bid Results Meeting and Date: kI ry _ CO L I\JC.I L 5/ 7 10 3 Synopsis: Recommend award to CAM, LLC for the bid amount of $47,005. 10. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: C/p y Memorandum EST. '^� 1836 To: Brendan McLaughlin, City iris ator From: Joe Wywrot, City Engineer 09 C p CC: Sue Mika, Finance Director Lisa Pickering, Deputy City Clerk CE Date: May 9, 2008 Subject: 2008 Asphalt Surface Treatment — Bid Results Bids were received on May 9, 2008 at 11 :00am for the above-referenced project. This work consists of applications of rejuvenating and preservative agents to bituminous pavements. The condition of the pavement determines the type of material used in the application. The objective is to keep good roads in good condition by replacing certain asphalt compounds that naturally diminish over time. Doing so increases the ability of the pavement to repel water and maintain its flexibility. This year we are planning to treat the city streets in Fox Hill Unit 7, Countryside Parkway (Rt.47 — Center Parkway), Longford Lakes (including Marketplace Drive), Prairie Gardens, Fox Industrial Park, and Raintree Village Unit 1 . The following bid was received: CAM, LLC $ 47,005 . 10 43W630 Wheeler Road Sugar Grove, Illinois 60564 Engineer's Estimate $ 475540.50 CAM was our contractor for the last several years and has performed very well. This is specialty work and CAM (and their predecessor Boecker Road Maintenance) are the only contractors that have ever bid this project. Their pricing has been relatively stable over the years, even as asphalt prices have increased. I recommend that CAM, LLC be awarded the contract for this project for the amount of $47,005. 10. Please place this item on the May 20, 2008 Public Works Committee agenda for consideration. `QED Cl Reviewed By: Agenda Item Number J� T Legal ❑ A # 5 Finance ❑ o EST. , � 1836 Engineer S �l�° P n -�` g � Tracking Number -4 W City Administrator ❑ Consultant ❑❑ p1l� Agenda Item Summary Memo Title: 2008 Crack Filling Project—Bid Results & MFT Appropriation Resolution Meeting and Date: chy CLLANCIL. Synopsis: Recommend contract award to SKC Construction, Inc. for the amount of $25,289.35. Recommend approval of MFT appropriation resolution for the amount of$3000.00. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval of award and approval of MFT appropriation resolution. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: rfo'D C'T y�-n Memorandum 4 EUT 1 1836 To: Brendan McLaughlin, City ' 'str for From: Joe Wywrot, City Engineer CC: Sue Mika, Finance Director LF <CEc;�� Lisa Pickering, Deputy City Clerk Date: May 9, 2008 Subject: 2008 Crack Filling Project - Bid Results & MFT Appropriation Resolution Bids were received on May 9, 2008 for the referenced project. This project consists of routing and filling construction joints and random cracks in Fox Hill Unit 7, Countryside Parkway (Rt.47 — Center Parkway), Longford Lakes (including Marketplace Drive), Prairie Gardens, Fox Industrial Park, and Raintree Village Unit 1 . The following bids were received: SKC Construction, Inc. $25,289.35 P.O. Box 503 West Dundee, Illinois 60118 Fahmer Asphalt Sealers, Inc. $46, 187.76 2800 Mecca Drive Plover, Wisconsin 54467 Engineer's Estimate $21 ,747.60 The low bidder, SKC Construction, Inc. has performed this work for the city for the past several years with good results. Based on the results of the bids, I recommend that we award the contract to SKC Construction, Inc. for the bid amount of $25,289.35. Recently the City Council passed an MFT appropriation resolution in the amount of $23,000 to fund this project. I recommend that the attached supplemental MFT appropriation resolution in the amount of $3,000 be approved to fund the difference. Please place this item on the Public Work Committee agenda of the May 20, 2008 for consideration. Supplemental Illinois Department Resolution for Maintenance of of Transportation Streets and Highways by Municipality Under the Illinois Highway Code BE IT RESOLVED, by the City Council of the (Council or President and Board of Trustees) United City of Yorkville Illinois, that there is hereby (City, Town or Village) (Name) appropriated the sum of $3,000 of Motor Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of the Illinois Highway Code from May 1 , 2008 (Date) to April 30, 2009 (Date) BE IT FURTHER RESOLVED, that only those streets, highways, and operations as listed and described on the approved Municipal Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this resolution, are eligible for maintenance with Motor Fuel Tax funds during the period as specified above. BE IT FURTHER RESOLVED, that the Clerk shall, as soon a practicable after the close of the period as given above, submit to the Department of Transportation, on forms furnished by said Department , a certified statement showing expenditures from and balances remaining in the account(s) for this period; and BE IT FURTHER RESOLVED, that the Clerk shall immediately transmit two certified copies of this resolution to the district office of the Department of Transportation, at OttawaJ Illinois. I, Jacquelyn Milschewski Clerk in and for the United City (City, Town or Village) of Yorkville County of Kendall hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the City Council at a meeting on (Council or President and Board of Trustees) Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of (SEAL) Clerk (City, Town or Village) Approved Date Department of Transportation Regional Engineer Printed 5/912008 BLR 14230 (Rev. 11/06) C/r y Reviewed By: Agenda Item Number J= y 0 Legal ❑ CA ti (O EMU 1 1836 Finance ❑Engineer 0 y City Administrator F1 1 ylo B Tracking Number 9 � �O Consultant ❑ PW aobs - V3 <LE ��?? ❑ Agenda Item Summary Memo Title: Van Emmon Water Service Transfers—Change Order#1 Meeting and Date: LJTY COUNCIL S(,27/Ge3 Synopsis: This change order is for final balancing of quantities. The net decrease would be $4,061.7.5. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Memorandum efir. , 1836 To: Brendan McLaughlin, City Vdm,,, strator 04 -�1 From: Joe Wywrot, City EngineeU O 9 - p CC: Lisa Pickering, Deputy City Date: May 14, 2008 Subject: Van Emmon Water Service Transfer Change Order #1 Attached find one copy of proposed Change Order #1 for the referenced project. This change order, in the amount of a $4,061 .75 decrease, is the final balancing change order for the project. While the net change is relatively small, there were several work items that varied from the original estimated amounts. We were able to save about $6,400.00 due to reductions in the number of water services that were needed on the Long Side. The increases for the project totaled about $2,400.00. One additional water service was added on the south side of Van Emmon. The amount of trench backfill also increased by approximately 35% compared to the original plan quantity. I recommend that this change order be approved. Please place this item on the Public Works Committee agenda of May 19, 2008 for consideration. UNITED CITY OF YORKVILLE Project: Van Emmon Water Service Transfers Change Order No. i Contrac Bish Excavating Company Date: 16-Apr-08 Addres! 15029 US Hwy. 30 Hinckley, Iiliniois 60520 Awarded Adjusted Quantity Cost Item Quanti Quanti Difference unit Unit Price Difference 1 Water Service Transfer 11 11 0 EA $1 ,220.00 $0.00 2 Water Service - Long Side 3 0 -3 EA $2,145.00 ($6,435.00) 3 Water Service - Short Side 11 12 1 EA $1 ,085.00 $1,085.00 4 B-Box cut in 3 3 0 EA $900.00 $0.00 5 Trench Backfll 150 201.53 51.53 CY $25.00 $1,288.25 6 Watermain Abandonment 1 1 0 LS $3,000.00 $0.00 7 Traffic Control & Protection 1 1 0 LS $2,000.00 $0.00 Net Change ($4;061 .75) Previous Changes: $0.00 Total of Changes to Date: ($4,061.75) Awarded Contract Amount: $43,240.00 Final Contract Amount $39,178.25 Reason for Change: Final balance Recommend for Approval: Date: ltlkdo ity of o ville Approved: X'k- Date: 4OR Bish tcovallng Company Approved: Date: City of Yorkville ♦-1 C/py Reviewed By: Agenda Item Number %J2 i e T Legal ❑ `7 Finance ❑ ESL 1836 Engineer vlzal� -�` Tracking Number -4 y City Administrator ❑ Consultant ❑ a VV X1003 _ r7q <LE ❑ Agenda Item Summary Memo Title: Kendall Marketplace—Temporary Entrance Permit Bond Release Meeting and Date: C I N CO L[K C I L- �A a-Ncv 4 Synopsis: Recommend that this bond in the amount of$2500.00 be released. IDOT has concurred with the release. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Memorandum Esr. ` 1836 To: Brendan McLaughlin, City atQr From: Joe Wywrot, City Engineerrrk m p CC: Lisa Pickering, Deputy City <LE ��'� Date: April 28, 2008 Subject: Kendall Marketplace — Temporary Entrance Permit Bond Release St. Paul Traveler's Bond No. 104666919 e. .1�yf,i`wP,. Attached find an email string from Jim Snyder of Harlem-Irving Companies and Dan Mestelle of IDOT regarding the release of the bond for the remaining temporary construction entrance permit for Kendall Marketplace. There were two temporary construction entrance permits issued by IDOT for this project. The bond for one of these was allowed to expire in December 2007 upon IDOT's concurrence. The remaining temporary entrance permit is located at the Rt.34Beecher Road entrance. Since the permanent roadway at that location is substantially complete, IDOT has concurred with the release of the temporary entrance bond. The bonds for the two remaining IDOT highway permits (for offsite storm sewer and for roadway improvements) will remain in place at this time. I recommend that St. Paul Traveler's Bond No. 104666919 in the amount of $2500.00, established for IDOT Highway Permit No. 3-10531 -06 be released in its entirety. Please place this item on the May 20, 2008 Public Works Committee agenda for consideration. Fw: Kendall Marketplace - Bond reduction/release request Page 1 of 1 Joe Wywrot From: Jim Snyder [JSnyder @harlemirving.com] Sent: Thursday, April 24, 2008 8:35 AM To: Joe Wywrot Cc: Travis Miller Subject: Fw: Kendall Marketplace - Bond reduction/release request Joe, This is as much as we're going to get from IDOT. We respectfully request the release of the construction entrance bond and the off site storm sewer bond. Jim Snyder Project Manager Harlem Irving Companies, Inc. 4104 North Harlem Avenue Chicago, Illinois 60634-1298 (312) 952-5535 cell (708) 697-6719 office (773) 625-0056 fax ----- Original Message ----- From: Bruce Schumacher <bruce @nfxllc.com> To: Jim Snyder Sent: Thu Apr 24 08:36:55 2008 Subject: FW: Kendall Marketplace - Bond reduction/release request Jim, maybe we should share this with Joe Wywrot? Bruce From: Mestelle, Dan L [mailto:Dan Mestelle@illinois.gov_] Sent: Thursday, April 24, 2008 7:47 AM To: Bruce Schumacher Cc: Ballermi, Richard A Subject: RE: Kendall Marketplace - Bond reduction/release request The bond tied to the Temporary Construction Access Permit can be released if it has not been released already . The entrance has been removed and the bond is no longer needed. I do not have the authority to approve or disapprove the release of the bond associated with " off site storm sewer " since we are not a party to this bond. The bond the Department holds for the permit for work on US 34 and IL 47 will remain in force until we are assured an acceptable product has been placed. 4/29/2008 ♦��0 C/py Reviewed By: Agenda Item gNumber J T Legal El l b� -4 tj EST. 1836 Finance ❑ 1 Engineer S�iK['A g Tracking Number < y City Administrator ❑ 09 �O Consultant ❑❑ PVV aa)8 — 75 <-E Agenda Item Summary Memo Title: Kendall Marketplace—Offsite Storm Sewer Bond Release Meeting and Date: � i N Coo N C l L S 13710 S Synopsis: Recommend that this bond in the amount of$126,930.00 be released. IDOT has concurred with the release. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: cir ,= s I p� Memorandum EST. 1836 To: Brendan McLaughlin, City A imstrat r 1 From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City *11'� <kE Date: May 14, 2008 Subject: Kendall Marketplace — Offsite Storm Sewer Bond Release Attached find an email string between Dan Mestelle of IDOT and myself regarding the release of the bond for the offsite storm sewer for Kendall Marketplace. This work is complete and IDOT has concurred that the bond can be released. I recommend that Traveler's Casualty & Surety Company of America Bond No. 104811916 in the amount of $ 126,930.00, established for IDOT Highway Permit No. 3-10634-06 be released in its entirety. Please place this item on the May 19, 2008 Public Works Committee agenda for consideration. Page 1 of 4 Joe Wywrot From: Mestelle, Dan L [Dan.Mestelle @illinois.gov] Sent: Wednesday, May 14, 2008 10:06 AM To: Joe Wywrot Cc: Ballerini, Richard A Subject: RE: Kendall Marketplace - Off-site storm sewer • Bond reduction/release request I do not need any of the bond. . . .. if something fails we still hold the bond for the remainder of the project to fall back onto. From: Joe Wywrot [mailto:]Wywrot @yorkville.il.us] Sent: Wednesday, May 14, 2008 9:46 AM To: Mestelle, Dan L Cc: Ballerini, Richard A Subject: RE: Kendall Marketplace - Off-site storm sewer - Bond reduction/release request Dan, Is it OK to release the entire bond for the offsite storm sewer, or do you want to keep a reduced bond amount in place? Joe Wywrot Yorkville City Engineer (630)553-8527 (630)553-3436 fax From: Mestelle, Dan L [mailto:Dan.Mestelle @illinois.gov] Sent: Wednesday, May 14, 2008 9:23 AM To: Joe Wywrot Cc: Ballerini, Richard A Subject: RE: Kendall Marketplace - Off-site storm sewer - Bond reduction/release request Thanks for the reminder . Our Operations staff have reviewed Permit 3-10634-06 . Offsite Storm Sewer and found it to be acceptable. From: Joe Wywrot [mailto:JWywrot @yorkville.il.us] Sent: Wednesday, May 14, 2008 9: 12 AM To: Jim Snyder Cc: Granrud Eric; Mestelle, Dan L Subject: RE: Kendall Marketplace - Off-site storm sewer - Bond reduction/release request Jim, I spoke with Dan Mestelle about two weeks. He was not aware that an IDOT permit had been issued for the offsite storm sewer. He said he would check into it and get back to me. The IDOT highway permits that have been issued for Kendall Marketplace are: 5/14/2008 `�fpO c/p` Reviewed By: Agenda Item Number J2 O-n Legal n❑ # `"I 1836 EST. Finance Cj '1Y�� g Engineer Tracking Number 09 y City Administrator 20 Consultant P VV a(YDQ, LE A. Agenda Item Summary Memo Title: Grande Reserve — Letter of Credit Expirations Meeting and Date: C-1rV CDUNCIL 51 :97109 Synopsis: Recommend authorizing City Clerk to call these 4 letters of credit if they are not renewed prior to August 1 , 2008 Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: yT Memorandum 9 Est: , = 1836 To: Brendan McLaughlin, City Ndmini t for 04 From: Joe Wywrot, City Engineer O y p CC: Lisa Pickering, Deputy City rk �2 <LE Date: May 14, 2008 Subject: Grande Reserve — Letter of Credit Expirations Attached find four (4) separate notices from LaSalle Bank that various letters of credit for Grande Reserve will be expiring soon. These letters of credit are summarized as follows: Unit LOC # Amount Covers 149 183 19b5 & 25 S590245 $ 141 ,393 .37 Earthwork 15 & 22 5590244 $ 98,429.89 Earthwork and outfall storm sewer 20 & 21 S590434 $ 25,075.38 Earthwork 233 26, & 27 S590433 $654,912.65 Earthwork I will notify the developer that these letters of credit needs to be renewed, and I anticipate that they will. In the meantime, however, I recommend that City Council authorize the City Clerk to call the letter of credit if it is not renewed prior to August 1 , 2008. Please place this item on the Public Works Committee agenda of May 19, 2008 for consideration. MEMBER OF THE ABM MARC GROUP MEMBER OF ➢1E /+GN AMflO GROUP MEMBER OF THE ABPI AI:IRO CROUP MEMBER OF THE ABM AMHO GROUP MEMBER OF THE ARM AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF T_ LASALLE BANK. N . A . 540 W . MADISON — 26TH FLOOR K 1� ss Y CHICAGO, IL_ 60661 SWIFT . LASLUS44 TEL_3 12-904--8462 L( sA t MAY 06 , 2008 g UNITED CITY OF YORKVILLE= 800 GAME FARM ROAL? YORKVILLE, IL 60560 OUR REFERENCE * S590?44 In fF 0 IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE ABOVE REFERENCED LETTER OF CREDIT, THIS IS TO ADVISE YOU THAT THE CREDIT WILL EXPIRE ON AUGUST 1. 2, 2008 COMPUTER GENERATED NO SIGNATURE REQUIRED CCU PASDUINEL-L.. I —MILL CROSSING LL:-C 6880 N. FRONTAGE RD . , SUITE 100 a o BURR RIDGE, IL 60527 3 o _ c rt f i z O C :.0 3 3 0 O I f ¢ P . 3 O C {c Y $ O p - 0 S /"Q D 3 O C Q E :( C O 3 O C z Z - D p O �i JO U30W3W dR000 OUWV NaV EHL AO U30P13W dfIDHO OH[gV NOV 3H1 U0 U30W3W dRC VO OUIN'd NOV 3H1 i0 0306V3W dROHO OHWV NOV 91 d0 U3EW3W dn000 OHWV NOV 3H130 U30W3W dBOUO OUNV NOV 3H1 AO U39W3WIU MEMBER OF THE ABN AIABri GROUP idENIBEB OF IHE GAN ALWC ROUP T EI:IBEF OF ThE ABN AAHO GROUP PdEMBER OF THE ABN AMRO CROUP MEMBER OF THE ANN AMRO GROUP MERGER OF THE ABN AMRO GROUP MEPABER OFT, LASALLE BANK N . A . /� Q 540 W . MADISON — 25TH FLOOR (Jr=. CHICAGO , IL 60661 < SWIFT . LASLUS44 v � C �H � $ 1 ST 25 € TEL312-904-8462 MAY 06 , 2008 g UNITED CITY OF YORKVILLE 600 GAME FARM ROAD < YORKVILLE, IL. 60560 w 0 P OUR REFERENCE ; 559024 I IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE ABOVE REFERENCED LETTER OF CREDIT , THIS IS TO ADVISE YOU THAT THE CREDIT WILL EXPIRE ON AUGUST 12, 2000 z w COMPUTER GENERATED NO SIGNATURE_ REQUIRED I = CCD. P'ASC;UINEL_LI —THE COMMONS LLC 6880 N . FRON14AGE RD . , SUITES 100 BURR RIDGE , IL 60527 2 w o = O p " o = E Z O C . . C Q 0 p 4 6 2 O p C G £ C 3 O O C Q O 2 g C 4130 939W3W dROVO OURV NOV 3H1 dO U39VJBN d0000 OUWV NOV 3H1 3O U39W34V d00'd9 OUWV N9V 3H1 dO b3EW3W dnoHO OCVIV N9V 31-41 AO U39NAA d000O OUNIV NOV 3H130 U35MW dnGHO OHWV NOV 3H130 U30W3W' aMEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABU AMER GROUP MEMBER OF THE AaAIMLO GROUP MEMB�ER OF THE �:MRO GROUP MEMBER OF THE ABU AMRO GROUP MEMBER�YcB� GROUP M� EEMM'BEER OF T3 540 W. MADISON -•' 26TH FLOOR C ¢ o = CHIC€�GO, IL 6066f. / 7 m SWIFT : LASLUS44 Vs 2�2� ? it g. _ TEL 312-904--8462 - �-"'- ,a MAY 09, 2008 UNITED CITY OF , YORKVILL:.EP m 2 800 GAME FARM ROAD YORK VILLE, '' I1._ 60566 IF It O 0 D F O IF IT OF im OUR REFERENCE : 5590433 0 IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE ABOVE IF REFERENCED LETTER OF CREDIT7 THIS IS TO ADVISE YOU THAT THE g -CREDIT WILL EXPIRE ON AUGUST 071 2008 IF s o i COMF'UIrER GENERATED NO SIGNATURE REQUIREI! 0 CC : PASQUINELLI- -THE COLONIES L_LC 688A N. FRON"i"fi[3E F2D. , SUITE 10 BURR RIDGE , IL 60,927 _. IF IF IF IF Fz ° g O F 3 Q 3 9 m O 2 D O 3 O L O w O _ . . : IF IF 11 rl IF 3 U O a � O-1 ¢ IF S 2 D 3 ° 0 6 ° 4 IF - IF "3 ° m ° a � O m i n F z It %16 I IF IT 4 a f o 3 o v °¢ o f ¢ z 0 3 ¢ O IF 16 1 O g O �1 HO H3BA3W dOOHO OHWV NOV PHIL d0 N39W3W dROHO OHAV NOV 3H110 H32MA dROHO OHAV NBtl ANT iO H30A3W d00H0 OHWV NOV 3H1 d0 H3BW3A d00H9 OHWV NOV 3H1 d0 H38W3A dROHO OHWV NOV 3H110 H3BW3A° aMEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABPI AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO CROUP MEMBER OF THE ABN AMRO GROUP MEMBE ?HVAE7hMGRbUP NIEMBEfIVF T_ LASAL LE BANK N. A. U 540 Wo MADISON - 26TH F=LOOR ---- -= z CHICAGO, It_ 60661. w SWIFT : LASLUS44 g : TEL-312-904-8462 ¢ w MAY 039 c1006 UNITED CITY OF YORKVILLE 800 GAME FARM ROAD w YORKVILLE, IL 60560 0 OUR REFERENCE = 55904: 4 ¢ ( IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE ABOVE REFERENCED LE'T'TER OF CREDIT , THIS IS TO ADVISE YOU THAT THE g CREDIT WILL EXPIRE . ON AUGUST 07 , 2008 o COMPUTER GENEINTED NO SIC:INATURE REQUIRED ¢ CC : PASL?UINELL. I -PIONE:ER PLACE LL_C 6880 N . FRONTAGE RD. , SUITE 100 BURR RIDGET IL 6050217 g `c ( O E 2 ¢ 0 C 1 90 W 44 3 0 f f ( ¢ - Q 0 C s:G Y C O ¢U a w o - w c f c O o +2 Ol C w L g ,C �1 dG EFmAW dROHO OUWV NBH 3H1 d0 HIGNoM 8000O OUWV N8V 3H1 d0 H39W3W dROtlO OHWV N8V 3H1 d0 U29NAN d0000 OHWV NUV 3H1 d0 U38W3W dnQHO OUWV N8V 3H1 d0 H3BW3W dOOtlO OtlWV N9V 3H1 d0 U39W3W' Reviewed By: Agenda Item Number J2 0 Legal ❑ G Finance ❑ EST. , 1836 Engineer Tracking Number .e y City Administrator ❑ 09 _ �O Consultant ❑❑ W �GD& = x� <LE Agenda Item Summary Memo Title: Wells 3 & 4 Treatment Facility—Certificate Regarding Operation&Maintenance Meeting and Date: L 1 rN CO LW Ci t_ 5 J.7T I C S Synopsis: This certificate regarding operation and maintenance is necessary to properly close out the low-interest loan for this project. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: J2`44��D C'T y Memorandum EST. `= 1836 To: Brendan McLaughlin, City A istrat r LI O From: Joe Wywrot, City Engineer CC: Eric Dhuse, Director of Public orks i Lisa Pickering, Deputy City Clerk <LE Date: May 15, 2008 Subject: Wells 3 & 4 Treatment Facility — Certificate Regarding Operation & Maintenance r .,..> ,KMNI,00� Attached find one copy of a proposed certificate regarding operation and maintenance of the Wells 3 & 4 Treatment Facility. This facility was funded by an Illinois EPA low interest loan. In order to properly close out the loan documents, we need to approve this certificate, which states that we have the necessary personnel and documentation to operate and maintain the facility. I recommend that this certificate be approved. Please place this item on the Public Works Committee agenda of May 19, 2008 for consideration. Certificate Regarding O & M Whereas, under the provisions of the State Revolving Loan Fund Regulations, it is required that the United City of Yorkville, the governing body, provide assurance of efficient operation and maintenance of the public water supply facilities proposed under project L171563. Therefore, be it resolved by the City Council of the United City of Yorkville, the governing body, hereby certifies that it has a properly certified operator and that the following training and documents have been provided for the operation and maintenance of the equipment and/or process units included in the project, and that applicable documents are available for Agency review; 1 . Training pertaining to the proper operation and maintenance of the equipment and process units included in the project. 2. An operation and maintenance reference library which includes, but is not limited to, the following: a. Manufacturer's literature, shop drawings and warranties, as well as a maintenance schedule for the equipment and process units included in the project; b. The plans of record with valve indices for the equipment and process units included in the project. 3 . Training pertaining to the general operation of public water facilities or distribution systems, consisting of an operator self-study course such as Water Treatment Plant Operations, Volumes I and H, or Small Water System Operation and Maintenance, or Water Distribution System Operation and Maintenance, California State University, Sacramento. Mayor Date Attest: City Clerk Date `�V C/p` Reviewed By: Agenda Item Number T Legal ❑ CA t1 i EST " Ie36 Finance F1 h City Administrator F-1 tra Tracking Number tor -4 0S1 L I� sn O Consultant ❑ Parks and Recreation ❑ P S A Do-7- �9 9 Agenda Item Summary Memo Title: Ordinance Amending City Code Providing for the Registration of Mobile Food Vendors Meeting and Date• City Council-May 27, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Kathleen Field Orr City Attorney Name Department Agenda Item Notes: ��i "LINE- VE(zSoN Ordinance No. AN ORDINANCE AMENDING ORDINANCE NO.2008-38 OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,PROVIDING FOR THE REGISTRATION OF MOBILE FOOD VENDOR UNITS 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 adopted Ordinance No. 2008-38 establishing registration of all moveable food establishments in order to protect the health,safety,and welfare of its citizens. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois,as follows: Section 1. Ordinance No. 2008-38 of the United City of Yorkville is hereby amended by deleting 3-511-2 of Section 1 of said ordinance and inserting the following in its stead: 3-511-2: CERTIFICATE OF REGISTRATION REQUIRED: Every person desiring to engage in mobile food service within the city is hereby required to make written application for a certificate of registration as hereinafter provided. It shall be unlawful for any person to engage in mobile food service without having first obtained said certificate of registration. Said certificate shall be carried by the applicant while engaged in mobile food service and shall be displayed at all times in a place readily visible to all customers. - --------------------------------------------------------- Dmetem rar inspadmnupon rogoest Section 2. Ordinance No.2008-38 is further amended by deleting paragraph B of 3-SB-5 and replacing it with the following: 3-5B-5: MOBILE FOOD SERVICE: -------------- Delew:¶ B All food items available for sale and the price of each item must be posted on [he B.Poshr &=notpe�ftcd=ept ou Net exterior of the mobile food unit or pushcart. eta only imQ and related Pmduct.Q Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville,Kendall County,Illinois this day of ,A.D.2008. CITY CLERK ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSESPEARS Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _ day of 2008. MAYOR 2 Ordinance No. AN ORDINANCE AMENDING ORDINANCE NO. 2008-38 OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, PROVIDING FOR THE REGISTRATION OF MOBILE FOOD VENDOR UNITS 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 adopted Ordinance No. 2008-38 establishing registration of all moveable food establishments in order to protect the health, safety, and welfare of its citizens. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Ordinance No. 2008-38 of the United City of Yorkville is hereby amended by deleting 3-511-2 of Section 1 of said ordinance and inserting the following in its stead: 3-5B-2: CERTIFICATE OF REGISTRATION REQUIRED: Every person desiring to engage in mobile food service within the city is hereby required to make written application for a certificate of registration as hereinafter provided. It shall be unlawful for any person to engage in mobile food service without having first obtained said certificate of registration. Said certificate shall be carried by the applicant while engaged in mobile food service and shall be displayed at all times in a place readily visible to all customers. Section 2. Ordinance No. 2008-38 is further amended by deleting paragraph B of 3-513-5 and replacing it with the following: 3-5B-5: MOBILE FOOD SERVICE: B. All food items available for sale and the price of each item must be posted on the exterior of the mobile food unit or pushcart. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2008. CITY CLERK ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSESPEARS Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2008. MAYOR 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILLIN121S HELD IN THE CITY COUNCIL CHAMBERS. DRAFT 800 GAME FARM ROAD ON TUESDAY, APRIL 22, 2008. Mayor Burd called the meeting to order at 7:04P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Werderich Present Ward II Golinski Present Plocher Present (left at 11 :20) Ward III Munns Present (arrived 7:25) Sutcliff Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Orr, City Administrator McLaughlin, Assistant City Administrator Olson, Finance Director Mika, Director of Public Works Dhuse, Police Chief Martin, Director of Park & Recreation Mogle, Community Development Director Miller and City Engineer Wywrot. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA None. COMMITTEE MEETING DATES Public Works Committee 6:00 p.m., May 20, 2008 City Hall Conference Room Economic Development Committee 7:00 P.M., Thursday, May 1, 2008 City Hall Conference Room Administration Committee 6:00 p.m., May 8, 2008 Yorkville Public Library Public Safety Committee 6:00 P.M, Thursday, April 24, 2008 City Hall Conference Room PRESENTATIONS Yorkville Green Committee Update Chuck Roberts, a member of the Yorkville Green Committee, addressed the City Council. He reported that the committee's next meeting would be on April 28, 2008 from 7:00 to 9:00 p.m. There will be two guest speakers; Nancy Wager, Senior Policy Advocate at the Environment Law and Policy Center and Megan Andrews, Resource Conservationist with the Kendall County Soil and Water Conservation District. The Giving Tree Band will also play from 6:00 to 7:00 p.m. There will be refreshments and a raffle of rain barrels. He further reported that the committee is working on the tree ordinance, water conservation and building standards. The committee will also be involved in a Fox River clean up on May 31, 2008 from Freeman's Sports to Silver Springs State Park. Alderman Sutcliff commented that the Kendall County Soil and Water Conservation District will be selling rain barrels at a reduced cost at the April 28, 2008 meeting. Alderman Besco asked if the committee was working with Director Miller in regards to the tree ordinance. Director Miller indicated that they were working with him as well as with Park Designer Laura Haake. The Minutes of the Regular Meeting of the City Council — April 22, 2008 — page 2 Club 47 Lease Presentation Director of Park and Recreation Mogle presented a PowerPoint presentation (see attached) on the Club 47 acquisition. Superintendent of Recreation Swithin gave an overview of programming including the effort to mesh current recreation classes with the centers current classes. Former alderman Jason Leslie explained that he negotiated the financial aspects of the proposal. He stated that he tried for a month to uncover revenue sources but was unsuccessful. He discussed this with the owners of Club 47, the Walkers, and proposed a plan to use the business cash flow to finance the acquisition. The Walkers were open to this so an agreement was negotiated where the city would pay an upfront cost for long-term amenities and would lease the business. If the business model stays in play then the business will break even. The City had Speer Financial go over at the information and they confirmed this. Director Mogle concluded with the following: • This is an opportunity to acquire substantial programmable recreational space with a limited capital investment. - • The opportunity comes with an established income stream to support the operations of the facility which makes itself sustaining. • The city does not have to build a facility at three times the cost with no immediate source of income and which could take years to come to fruition. • There is a generous amount of time in which to exercise the option to purchase. • The agreement locks in a lease payment and sale price through the term of the agreement. • The acquisition assures that the facility, which has a reputation of meeting recreational and fitness needs in Yorkville, will continue this service at an affordable price. Swearing-in of Officer John F. Hunter Mayor Bard and Chief Martin swore in Officer John Hunter as a patrol officer. Chief Martin stated that Officer Hunter previously worked for Montgomery and has also worked for a local bank for eight years. He stated he was very happy to have him on the police force. PUBLIC FORUM Club 47 Lease Don Burks, 421 Jackson, stated that he learned about the city's financial situation from the mayor and shortly afterward he heard a report that the city was considering the purchase of Club 47 for $4 million. In addition, he learned that the city recently purchased park property. He expressed his concern with the affordability of the facility and he felt that the city, county, YMCA and school district don't work together to use facilities to the best ability. He commented on the list provided by Director Mogle of communities that own and operate fitness centers and noted that many have park districts. He stated that he did not feel the proposed contract was in the best interest of the city and be asked if there had been a certfied audit of Club 47's profits. He took exception to the following provisions of the contract: the $250,000.00 payoff for equipment upon the purchase of the business because the equipment is already 13 years old; the purchase price of the facility which will be $5.3 million in ten years because of the escalator and the upfront funds the city is to pay the Walkers. He felt that the contract favored the owners of the facility. He indicated that he had spoken to several business owners who also did not feel this was a positive for the city. Mark Johnson, 204 Georgeanna, commented that the formation of a park district has been voted on at least three times in the past and it was not supported because people did not want to spend the money. He commented that if this is what people want, why weren't they lined up to join Club 477 He stated that he felt that government lacked common sense and has lost focus on doing what people basically need. He asked the City Council to use common sense. He also stated that he took exception to a comment made by the mayor stating that this is not a business venture. He commented that the purchase of Club 47 was a bauble or trinket for the city. He stated that he supported the venture only if it paid for itself however if he feels his taxes are paying for the facility be will be very vocal about it. He asked the City Council to take care of necessities and delay "wants" until the funds are available. Carol Baumgmdt, 656 Red Tail Court, commented that she was the teacher for the Parks and Recreation Department's preschool and that she has taught at Beecher, Parkview and New Life Church because the program has been bounced around. She indicated that the preschool program shares its current location with other classes. Parents have indicated to her that they would like more programs however there is no room. She felt that this is a great opportunity to offer more programming to residents. She supported the purchase of Club 47. The Minutes of the Regular Meeting of the City Council — April 22. 2008 — page 3 Fred Dollman commented that he felt the land was costing too much and suggested that less costly land be found elsewhere for a facility. He felt that the acquisition would cost the city in lost tax revenue and he stated he would like to see an alternative to this facility. George Gilson, 498 Sunflower Court, questioned if the city would break even. Director Mogle explained that the city would use the combined budget of the Parks and Recreation Department and Club 47. Mr. Gilson suggested that the city reconsider the $100,000.00 for capital improvements to the building but he stated that if this was a "break even" proposal he supported it. Brian Pross, 300 Walsh Circle, stated that he was not arguing the need for a facility but he was arguing the cost feasibility. He asked if a regression analysis was done because some existing Club 47 members may not renew. He asked what percentage of renewals were needed to sustain the project. He also asked if there was a way for the city to opt out of the agreement including different time frames for this. He indicated that if all the numbers work out he supported the acquisition. Mr. Leslie explained how a regression analysis was performed. He also reminded everyone that immediacy is the issue. A member of the audience questioned if a fee schedule had been worked out. Director Mogle stated that he and Ms. Swithin were working on this and he hesitated to go into details at this time however they were working on affordable packages. Dale Woodworth, 508 E. Main, noted that he ran a swimming pool in the city for twenty years and he felt stating that this will break even is going down a slippery slope. He stated that sometimes he broke even but often lost money. He was concern that the city was not rich but in debt. He questioned what the current cost of a Club 47 membership was and Mr. Walker indicated it was $59.00/month based on a yearly commitment and family members get a reduced rate. Mr. Woodworth commented that the residents should be able to vote for a park district which will get tax dollars to use for amenities. Mayor Burd commented that the facility will provide space to house recreation programs and it comes with an income. She stated that if it pays half the way it will be paying more than any other facility. She noted that other cities pay to rent space and that this will pay its own way. Tate Smock, 554 Red Horse Lane, asked the City Council to vote for Club 47. He indicated he participated in the basketball program for four yews and he would like to see the program have a permanent home. He felt the city would benefit from the increased revenue from programs such as this. Mike Skinner, 1534 Walsh Drive, indicated that he is a ten year member of Club 47 and he wanted to know what it would cost him to maintain his membership. He also questioned if the quality of the programming would be maintained. Director Mogle stated he couldn't answer the question on the cost of the membership at this time. Ms. Swithin indicated that there will be two tiered membership rates; user based versus "gung ho" membership. There will also be a non-resident rate similar to the current membership rate. She further indicated that the Parks and Recreation Department was looking at fitness and wellness classes. Tammy Smock, 554 Red Horse Lane, a former Park Board member and Parks and Recreation Department instructor noted that the department used to have the use of Beecher Center. While she was happy it was being used as a senior center, she stated that the Parks and Recreation Department was told they would have to go elsewhere and rent space. She felt it was time for the Parks and Recreation Department to have its own facility. She pointed out the buildings being used for programming such as the old post office, riverfront building and the various school locations. She questioned would happen if the school district finds itself in a budget crunch and they turn off the lights and shut the buildings. She felt that this was an investment in the future. Anne Engelhardt, 312 E. Blackberry Lane, noted that it was Earth Day and the Club 47 building was being reused. She stated that she supports a business venture that supports itself financially and that this was an opportunity for programming for all ages. Robin Circle, stated that she used the YMCA and Parks and Recreation Department for programs and she felt that the Recreation Department worked well with the schools. She stated that her children have ridden thew bikes to Club 47 and have been in the basketball program. She felt that the best thing anyone can do is protect kids and invest in their futures and families. She noted that there is not much for kids to do in Yorkville so people need all the facilities possible. Chris Rollins, Park Board President, asked when a dollar is not a dollar; when it is for recreation. He felt that when funds are spent for parks and recreation multiple dollars are returned. He stated that Speer The Minutes of the Regular Meeting of the City Council — April 22. 2008 — page 4 Financial could have found ways that the city could lose money however their analysis indicated that it would be negligible for the city. He stated that he felt the Recreation Department will do better than what Speer estimates and that the citizens can be comfortable that the deal has been scrutinized and they will get something of value. Debra Mueller, a fitness instructor for the Recreation Department for eighteen year, commented that space has always been a concern. She noted that her program has been at the Beecher Center, moved from school to school and even been cancelled because space was needed for other things. She stated that she felt this was a great opportunity because more programs could be offered in the larger space. Marian Bazan, 3862 Cannonball Trail, stated she was the oldest participant at Club 47. She asked that if this is such a great opportunity and this is the first time citizens have been able to comment why is the vote for the purchase tonight. Director Mogle explained that staff had been working on this since July 2007. The matter was on an earlier agenda for a vote however the City Council asked for a public forum. Mrs. Bazan stated that she has heard comments from other residents that they didn't have a chance to address the Council in the matter earlier. Director Mogle explained the need for confidentiality early in the negotiations. Don Burks suggested that the city renegotiate the amount paid for the equipment upon the purchase of the building because after depreciation, the equipment probably won't be worth anything. He also suggested polling current Club 47 members as to if they will stay after the purchase. He indicated that he has heard from some who stated they will leave. He felt the poll could gage business. He commented that this will be an added expense to the city at a time when he budget is in a shortfall, the Police Department is cutting their budget and road repairs are being "whittled" down. He felt that things are "being squeezed down" except the Parks and Recreation Department. He commented that a park district would allow for funds to be kept separate. Mayor Bard explained the $400,000.00 reduction to the Police Department budget and indicated that the Parks and Recreation Department reduced their budget by $70,000.00. She also explained that the In- Town Road Program has been put on hold however needed repairs to McHugh Road and Palmer Court will proceed. She stated that when she became aware of the budget deficit she asked for cuts from all the departments. All department line items were reduced with the Police Department items being reduced the most. She also explained that a hiring freeze has been put in place unless replacements are needed and $2.6 million will be taken out of the Revenue Fund, which is saved for "rainy days" such as the short fall. Mark Johnson stated that the City Council was elected to take care of business; residents don't have the right to vote. He noted that several speakers tonight have been instructors, employees, Park Board members, etc. and very "pro" recreation. He felt the problem was with programming and the fact that the previous administration "gave away" the Beecher Center. He noted that the Beecher Center was built as a community building not a senior center to be used by seniors from several counties. George Gilson felt that the City Council was listening to both sides. He also felt that this was a "win-win' situation; it will pay for itself and get kids off the street. Kristin Carrington, 27 Timberview Lane, stated that she was a life-time resident, Club 47 member and Recreation Department user. She supported the acquisition and trusts the City Council, Park Board and the Walkers. She felt it was zero cost to the city, will benefit children and will keep dollars in Yorkville. Another member of the audience indicated that he was a fifteen year resident and five year member of Club 47. He stated that he was involved in the Silver Sneakers program where his insurance pays his membership fees. He asked if this would transfer to the city. Ms. Swithin stated she had been discussing the program with the Walkers and that she was still learning about the insurance program. She stated that she wanted to get into the facility without "upsetting the basket". She indicated that the current memberships will remain however new waivers will be needed. He than asked what part of the fees would go toward the city. Ron Walker, owner of Club 47, explained that the city was getting the Club 47 business which includes prepaid fees and $4 million worth of land and building. The city was asked for $100,000.00 for capital improvements, earnest money or option money. Mr. Leslie suggested using the option money to make improvements however if the city does not want this he was willing to have "it go away" Tim Johnson, 213 Leisure Street, asked for more activities for small children. He commented that better marketing needs to be done for the programming. He also felt the public needed more time to digest the acquisition and suggested that the matter be tabled. Mayor Bard stated that the matter has already been tabled three times and the public was informed in the newspapers one and a half month ago. The Minutes of the Regular Meeting of the City Council — April 22, 2008 — Due 5 Steve Barczi, 624 White Oak Way, commented that the cart was before the horse because the numbers haven't been crunched. He asked if any fees have been presented to the aldermen and Director Mogle indicated that the focus has been on the lease and purchase. He stated that the Recreation Department was "days away" from releasing program costs. Mr. Barczi stated that the numbers should be made available to the public to see the response. Mr. Rollins noted that this has gone under more public scrutiny than any other building. He felt that things were being brought up that should not be discussed at a meeting. He stated that Mr. Walker has been very accommodating and there was no requirement for full disclosure. Bob Loftus questioned if the city was leasing the business with an option to purchase it or if it was leasing the business and the buildings. He stated that if the city is only leasing the business it will still be in the same situation it is in currently. Mayor Bard commented that the city was hoping to buy the building. There were no further comments or questions. PUBLIC HEARINGS None. CITIZEN COMMENTS None. CONSENT AGENDA 1. Ordinance 2008-25 - Amending City Code to Add Additional Class A-1 : Retail Tavern/Bar License - authorize Mayor and City Clerk to execute (PS 2008-04) 2. Ordinance 2008-26 - Amending City Code to Add Additional Class G: Beer Garden/Patio License - authorize Mayor and City Clerk to execute (PS 2008-13) 3. Bid Results for Grande Reserve Shared-Use Path Improvements - award contract to DeKalb Paving, Inc. in an amount not to exceed$62,887.50 (PW 2008-59) 4. Fox River Dam — Plat of Easement - authorize Mayor and City Clerk to execute (PW 2008-60) 5. Resolution 2008-14 - MOT Highway Permit and Resolution — Yorkville Animal Care Center - authorize Mayor and City Clerk to execute (PW 2008-61 ) 6. Resolution 2008-15 - MFT Appropriation Resolution — 2008 Crack Filling Project - authorize City Clerk to execute (PW 2008-62) 7. AT&T Easement at Grande Reserve Regional Park - authorize Mayor to execute (PW 2008-63) 8. Yorkville Market Square — Letter of Credit Expirations - authorize City Clerk to call letters of credit if they are not renewed by June 13, 2008 (PW 2008-64) 9. Bristol Bay Unit 9 — Bond Reduction 41 - authorize reduction in an amount not to exceed $605,445.82, subject to verification that the developer has no outstanding debt owed to city (PW 2008-65) 10. Bristol Bay Unit l 1 — Bond Reduction #I - authorize reduction in an amount not to exceed 11. $652,612.27, subject to verification that the developer has no outstanding debt owed to city (PW 2008-66) 12. Monthly Treasurer's Report for February 2008 (ADM 2008-25) 13. Amended and Restated Governing Ordinance - authorize Mayor and City Clerk to execute (ADM 2008-28) 14. Ordinance 2008-27 - Amending City Code Regarding Plan Commission Appointments - authorize Mayor and City Clerk to execute (ADM 2008-29) Mayor Bard entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Manus; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes-6 Nays-0 Munns-aye, Plocher-aye, Spears-aye, Sutcliff-aye, Werderich-aye, Besco-aye * Alderman Golinski was not present for the vote. PLAN COMMISSION/ZONING BOARD OF APPEAL Director Miller reported that the next Plan Commission meeting was scheduled for May 14, 2008 at 7:00 p.m. MINUTES FOR APPROVAL A motion was made by Alderman Manus to approve the minutes of the City Council meeting of March - 25, 2008; seconded by Alderman Spears. The Minutes of the Regular Meeting of the City Council — Anri122, 2008 — Dage 6 Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Munns to approve the paying of the bills listed on the Detailed Board Report dated April 17, 2008 totaling the following amounts: checks in the amount of$1,109,893.74 (vendors); $252,384.24 (payroll period ending 4/12/08); for a total of$1,362,277.98; seconded by Alderman Bosco. Alderman Spears questioned the following items from the bill list: • Page 1, Action Graphix - admin sign - in the amount of $54.58. Director Mika stated she was not sure what the sign was for and she would have to pull the bill to verify it. • Page 12, Jewel — comm./dev — cookies, brownies, etc. — in the amount of $67.40. Director Miller indicated that this was the bill for the refreshments served at the Comprehensive Plan Advisory meeting. • Page 22, Plainfield Signs — Municipal Bldg — 6 Welcome to Yorkville signs — in the amount of $257. 10. Director Dhuse indicated that this was for the signs changing the mayor's name. • Page 24, Glory Spies — Admin — Invitations — in the amount of $34.03. Director Mika explained that this was for the invitations for Volunteer Appreciation Day. Alderman Spears asked if the invitations could have been produced in-house. Mayor Burd stated that staff does not have the time to produce the invitations themselves. o Page 27, Waubonsee Community College — Admin — public access TV — in the amount of $72.00. Alderman Spears asked who took the class. Director Mika stated that she would have to look at the bill to see which employee took the class. Alderman Mums asked if this training was part of the city belonging to the cable consortium. Alderman Golinski stated that the city pays for people to learn how to film City Council meetings. Alderman Spears asked that the bill be taken off the list until the Council was told who took the class. o Page 29, Yorkville General Fund — comm/dev and admin - in a total amount of$219.04. She questioned why office suppliers where being taken out of the General Fund, Director Mika explained that this was not the best choice for the invoice description and that the Community Development and Administration Departments are charged for the supplies they use., Alderman Spears commented that the General Fund keeps getting lower. Mayor Burd clarified that the Council wanted the Waubonsee Community College bill removed from the bill list. Alderman Golinski stated that the city should only pay for the class if it someone was going to tape the City Council meetings. He noted that the city has previously paid for the class acid he hasn't seen anyone different taping the meetings. Director Mika produced the bill and indicated that a part-time Community Relations employee took the class. Alderman Morris questioned who approved her to take the class and Mayor Burd stated that the department head signed the approval so the city should pay for the class. Alderman Mums asked who the department head was and Mayor Burd indicated it was Ivh a. Spies. He asked why she wasn't present at the meeting and Mayor Burd stated that she told her to go home. Alderman Spears asked if the city paid for classed for part-time employees. Superintendent of Recreation Swithin explained that employees can take the class in order to be able to use the equipment at events such as "Music Under the Stars". Mayor Burd polled the Council to see if there was a consensus to remove the bill from the bill list. It was the consensus of the Council to leave the bill on the list. Motion approved by a roll call vote. Ayes-5 Nays-2 Munns-aye, Plocher-aye, Spears-nay, Sutcliff-aye, Werdericb-aye, Besco-nay, Golinski-aye COMMITTEE REPORTS ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2008-28 Authorizing the Acquisitions of 202 E. Countryside Parkway (EDC 2007-24) A motion was made by Alderman Golinski to approve an ordinance approving the acquisition of 202 E. Countryside Parkway, as presented, and authorize Mayor and City Clerk to execute; seconded by Alderman Plocber. Alderman Besco stated he was very critical of the purchase. He questioned what would happen if after leasing the facility for ten years the city would not have the funds to purchase. He stated that he requested an audit of the businesses books but he still has not seen one. He questioned who would be The Minutes of the Regular Meeting of the City Council — April 22, 2008 — oaee 7 responsible for the property taxes. Mayor Burd explained that the building would not be off the tax roll until the city purchased it. Alderman Besco stated that several years ago he suggested that the city move toward forming a park district. He suggested a merger with the Fox Valley Park District or forming a district with Plano. He also spoke with a builder who indicated that he could build the city a building without a pool for about $1 million. He stated that he understood the need for more space and thought it was nice to have a vision however it was the Council's job to control essential functions. He felt that services like the Police Department came first. He felt that if the economy was better it would be easier to support this. Alderman Sutcliff stated that she appreciated the public who attended the forum and that the best situation for the city would be if someone donated a building. She indicated that the Walker's have been patient with the city. She indicated she would make berjudgment on what is best for Yorkville. She noted that both Chief Martin and Director Dhuse reassured her that the streets would be safe and repaired even with their departments' budget cuts. Alderman Munns questioned if the city could opt out of the contract at anytime. Director Mogle explained that the term is ten years. Mr. Walker indicated he would agree to a five year commitment. Alderman Munns questioned that if after twenty-four months the city realizes this won't work would the city still have to lease for three moire years. He also noted that he was made aware that the roof is leaking. Director Mogle stated that the Walkers are responsible for the roof and pool equipment such as filtration lines. Alderman Munns questioned the need for additional staff and Director Mogle stated that the city would inherit the Club 47 staff which consists of one full-time employee and several part-time employees. Alderman Munns noted the pros to the acquisition; provides space that is needed, quality of life for residents, etc. Likewise he noted the cons; older building, not best location — prime real estate area, if purchased the property comes off the tax rolls, etc. He commented that if this fails, the funds should come out of the Parks and Recreation Department budget. Alderman Spears questioned the $100,000.00 capital improvement payment and the $100,000.00 termination fee. She felt this was a great risk for the city to take because with the current economy families can not afford items such as a membership. She felt that breaking even was not good enough for the city. She expressed her concern with the acquisition since the Police Department has out its budget, the In-Town Road Program has been tabled and KenCom is in need of assistance with funding. She felt the acquisition would be a burden on the taxpayers. She asked Mr. Leslie what he thought was the value of the property. He stated that it was appraised at $3,900,900.00. Alderman Spears stated that the existing equipment was old so the city will have to replace it. She questioned where this equipment would be stored if the facility isn't purchased. She also commented that several Club 47 members contacted her and indicated they would cancel their memberships if the city acquired the business. She stated that the city cannot assume that all 5000 households in Yorkville will want to use the facility. She was concerned with not knowing what the proposed fees were and that the Council would be voting without all the information. She thanked Director Mogle and Superintendent of Recreation Swithin for their efforts and the public for attending the forum. She noted she requested the forum and also asked for a referendum regarding the acquisition. She stated those elected needed to be safe with the taxpayers' dollars so she was recommending that the matter be tabled until more revenues came in. She stated that if funds were available, she would support the expansion of recreational programming. Alderman Plocher stated he would like to see someone build a facility for $1 million. He felt that Superintendent of Recreation Swithin has never let the city down and he asked if she had a proposed budget. Ms. Swithin stated that the proposed budget shows a self-supporting project and she indicated that she would give the project her best efforts however there were no guarantees. Alderman Plocher stated that this was a quality of life matter and the city could provide simple pleasures for the residents at no cost to anyone. Alderman Werderich thanked everyone in attendance and the City Council for allowing a public forum. He stated that his first reaction was how the city would pay for the facility. He felt the best people were put on the project, Alderman Golinski and former Alderman Leslie, and they put together something viable for the city. The benefits are that the city gets into the game with something the community wants. He felt the lease with purchase to buy was good. He noted that the facility was located on prime real estate location so the city could sell the facility in the future in order to fund another facility. He felt that if the operation does not break even the city could walk away. He commended everyone who worked on the negotiations. Alderman Golinski commented that it was a pleasure to work with former Alderman Leslie. He stated that he had looked at the acquisition from many angles and he was confident that the facility will not be a burden to the taxpayers. The Minutes of the Regular Meeting of the City Council — April 22, 2008 — naee 8 Alderman Besco challenged Director Mogle and Superintendent of Recreation Swithin to prove him wrong however he did not support the acquisition. Alderman Morris stated he was still worried about the term of the agreement and that he would prefer to see a shorter teen. Mayor Burd commented that the longer term gives the city time to go for a referendum. Alderman Spears questioned that if the acquisition is approved could the city still go for a referendum. Attorney Orr stated that it depended on how the facility will be financed; if bonds are to be used a referendum will be needed. Alderman Werderich stated that if the city purchases the building a referendum would allow people to vote on it. Alderman Golinski thanked the Walkers for their patience wit the negotiations. Motion approved by a roll call vote. Ayes-6 Nays-2 Besco-nay, Sutcliff-aye, Munns-aye, Spears-nay, Plocher-aye, Werderich-aye, Golinski-aye, Burd-aye The City Council decided to take at 10: 10 p.m. The Council returned to the meeting at 10:30 p.m. REPORTS MAYOR'S REPORT Resolution 2008-16 Support for the Yorkville Big Band (CC 2008-28) Mayor Burd asked that this item be moved up on the agenda. She stated that she brought this forward because there have been "ups and downs" in discussing the Yorkville Big Band. She wanted them to know what the members of the City Council's thoughts were so a resolution was drafted so the Council members could voice their opinion. Mayor Burd entertained a motion to approve a Resolution of Support for the Yorkville Big Band and authorize Mayor and City Clerk to execute. So moved by Alderman Plocher; seconded by Alderman Sutcliff. Alderman Besco commented that there were misunderstandings and misstatements made regarding the Yorkville Big Band. He stated that the last time the director was before the Council, lie was asked if he had obtained tax exempt status and he said that be did. Later, Alderman Besco read in the paper that the band was in the process of obtaining this status. Mayor Burd clarified that as of January 2008 they received this status. Alderman Besco stated that it was unfortunate that everything happened the way that it id. He found it disturbing and deceptive to the entire city someone misrepresents themselves. He stated that he did not know what a resolution would do at this point to change anything. Mayor Burd explained that they incorporated as a business but anyone looking at what they were doing could understand they were non-for-profit She noted that the Boys Scouts of America in some areas had accidently incorporated w a business and had to change their paperwork. She stated that if a little discretion was used in looking at what they were doing one would see that they have not changed and are eligible to be called a non-for-profit. Alderman Besco pointed that they are at this time however they were not when they initially came before the Council. He stated the problem was that they knew whether or not they were non-for-profit. Mayor Burd wanted to know the benefit behind Alderman Besco's remarks and the benefit behind having this organization in the community. She asked if what they did should disallow them from being in Yorkville. Alderman Besco stated that he was not questioning their benefit to the community but when someone represents themselves before a public entity they should be truthful. He stated that United City of Yorkville is a taxing body who performs services for residents and business. When they came before the Council, different pricing for the Beecher Center was applied due to the non-for-profit status. He noted that the Beecher Center is in great demand; if a private business came in, they would have paid a different rate to use the facility. He stated that he wasn't trying to place blame but felt it was unfortunate that the situation went the way it did. He did not feel a resolution would solve anything. The Minutes of the Regular Meeting of the City Council — April 22, 2008 — page 9 Alderman Sutcliff commented that she supported the band and was glad they were in attendance at the meeting. She commended them for the service they provide to the community. Alderman Munns commented that music makes people happy in a world filled with negatives. He did not feel the resolution was a bad thing. Alderman Spears stated that she had nothing against the band itself however she did not like how they represented themselves regarding their non-for-profit status. She noted that she had a letter dated January 25, 2008 from the Yorkville Big Band to the City Council in which the band offered to perform free on July 4, 2008. The letter goes on to offer a second free performance which "could be" and gives possible dates. Alderman Spears took exception with this wording and felt it should state "will be". Mayor Burd noted that these terns were already voted on and could not be brought back up. Alderman Spears stated that it was voted on to accept two free concerts. She read a statement saying that they "would like to clear the air so those involved in the city government can get back to their elected positions and solve some of the major current critical issues of the city and put the band issue to rest". Alderman Spears stated that she agreed with this until she read another article in the Beacon News quoting the mayor as saying she looked at this "as a blot on my administration so far". The same article indicated that the band director, Mr. Falato, offered to pay the city its rental fee out of his own pocket. Alderman Spears stated that she never heard this from him directly and she asked Administrator McLaughlin if he received such an offer. Administrator McLaughlin stated that he never had a conversation with Mr. Falato. Alderman Spears noted that the band used to be called the American Legion Band mid she was told the name was changed because the Paramount Theater would not let them perform at their facility. She asked if this was true. Alderman Spears stated that changing the name of the band was an insult to the entire country as well as the armed forces. Mayor Bard stated that Alderman Spears should not be asking questions but should be commenting on the resolution. She asked the Council not to talk or "bait" the audience. Alderman Plocher stated that he was not in favor of having the City Attorney draft a legal document regarding the receipt of money. Alderman Werderich stated that there was confusion in the non-for-profit versus profit status. He felt that Mr. Falato didn't go into the venture to make money but because he loves music. Alderman Golinski, as a point of order, read from the Governing Ordinance regarding aldermen being recognized by the presiding officer and addressing their remarks without a response from the presiding officer. He noted that Mayor Burd had the tendency to "chime in" after every alderman speaks and according to the Governing Ordinance she wrote that is not allowed. In regards to the Yorkville Big Band, he felt it was aggravating to have it come up again. He supported the band however Alderman Spears has brought up legitimate concerns on behalf of the taxpayers. He did not have a problem with the resolution supporting them but he did feel they had an unsettled debt to pay. Mayor Bard called a point of order on Alderman Golinski because he addressed the audience and he should have addressed her. She explained that she brought forward the resolution because there was concern that the band felt they were not getting moral support from the City Council and the community. She felt it was an honor for them to have Yorkville in their name. She explained that all the resolution states is that they provided the city with exceptional music and that they are emissaries of good well for the United City of Yorkville. She stated that she did not know how sullying their time helped the community. She wanted the band to understand that the city supports having them in the community. She noted that the Council approved the agreement with them and she did not know why this was misunderstood. Administrator McLaughlin stated that he thought the Council took final action on the agreement which included two free concerts. On date was July 4, 2008 and the second date was undeclared however it was offered to play at Christmas. Mayor Bard reminded the Council that the Resolution of Support was on the table and the agreement had been previously voted on and that issue is over with. She felt it was unfortunate that the bands reputation was besmirched. Alderman Besco stated it was unfortunate that it was felt that Alderman Spears has "black balled" the band. He thought that when the Council acted on the agreement the matter was done and over, the issue was solved. He didn't know what the point of the resolution was. Alderman Spears noted that with the recent publicity with a local business being black balled by an alderman this could be coming to the Council to make another business more popular. She did not understand the need for the resolution and felt it was ridiculous. The Minutes of the Regular Meeting of the City Council — Amril 22, 2008 — page 10 Alderman Sutcliff called the question. There was no second. Motion approved by a roll call vote. Ayes-5 Nays-2 Besco-nay, Sutcliff-aye, Munns-aye, Spears-nay, Plocher-aye, Werderich-aye, Golinski-aye ADDITIONAL COMMTTTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Resolution 2008-17 HOOT Highway Permit No. 2 and Resolution — Raging Waves (PW 2008-67) Alderman Besco asked that this item be moved up because there was a gentleman in the audience who had been waiting all night for this one issue. A motion was made by Alderman Besco to approve IDOT Highway Permit #2 and resolution for Raging Waves and authorize Mayor and City Clerk to execute; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-6 Nays-I Sutcliff--aye, Munns-aye, Spears-aye, Plocber-nay, Werderich-aye, Golinski-aye, Besco-aye REPORTS MAYOR'S REPORT, CONTINIJED Federal and State Lobbying Contract (CC 2008-25) Mayor Burd stated that she asked for this to be placed on the agenda because while she was in Springfield, Illinois she was introduced to this gentleman and he asked if he could present a proposal to the city. She and Administrator McLaughlin met with him and an associate where he made her aware that there is money available through the state for filling potholes and he can help with available grants. Mayor Bud entertained a motion to approve a proposal from Dan Shuman, Inc to provide lobbying services as presented. So moved by Alderman Sutcliff; seconded by Alderman Plocher. Alderman Golinski stated that he had a problem with the proposal because Mr. Shoman was recently in the news because Aurora aldermen aren't really convinced of his work; they do not know what they are getting for their money. He also had a problem using tax dollars to buy access to elected officials. He read a quote from Senator Lauzen regarding Kane County and Aurora hiring lobbyist and his feelings against it. Senator Lauzen felt it was preposterous and wrong and Alderman Golinski stated he agreed with him. Alderman Werderich had a problem with law makers suggesting that a lobbyist be hired to get what everyone is entitled to. He did not support the proposal. Alderman Besco stated felt that lobbyist are what is wrong with government and lie agreed with Senator Lauzen's statement. Alderman Munns disagreed with paying someone to talk to the people that were elected to serve the public. He felt they should have an open door to speak with residents and he agreed that lobbying was a bad system. He questioned that if Mr. Shoman was hired if staff could go along with him to learn. Alderman Spears stated she was not in favor of the proposal and asked where Mr. Shuman's office was located. Administrator McLaughlin stated he was located out of Chicago and Springfield. Alderman Werderich asked if staff could lobby for the city. Mayor Hurd stated that the lobbyist are in Springfield all the time and staff doesn't have the capability to lobby all the time and they don't have contacts in Springfield. Alderman Sutcliff stated that she knows two lobbyist and they do good things. Someone in this position knows what is going on with things such as grants. Alderman Plocher stated that hiring a lobbyist should be looked into. The Minutes of the Regular Meeting of the City Council — April 22, 2008 — page 11 Motion denied by a roll call vote. Ayes-3 Nays-4 Spears-nay, Plocher-aye, Werderich-nay, Golinski-nay, Besco-nay, Sutcliff-aye, Munns-aye Appointment to Zoning Board of Appeals (CC 2008-26) Mayor Brad entertained a motion to appoint Samuel M. Clementz to the Zoning Board of Appeals. So moved by Alderman Munns; seconded by Alderman Werderich. Alderman Spears asked how many people applied and Mayor Burd stated only one. She explained that Mr. Clementz was new to the city and lived in the Bristol Bay area. Motion approved by a roll call vote. Ayes-7 Nays-0 Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye, Sutcliff-aye, Munns-aye, Spears-aye Resolution 2008-18 Supporting Application/Inclusion in Illinois Transportation Enhancement Program (CC 2008-27) Mayor Bard explained that this is a grant being prepared for a bike/pedestrian path that would run from Van Emmon Road to the Raintree Village subdivision along the ComEd easement. Mayor Bard entertained a motion a resolution supporting application/inclusion in the Illinois Transportation Enhancement Program as presented, and authorize Mayor and City Clerk to execute. So moved by Alderman Golinski; seconded by Alderman Besco, Alderman Spears noted that the city would have to pay 20% or $572,100.00 if the grant is received. She questioned where the money will be coming from. Director Mogle explained that from the time the application is processed and the funds are received can take a few years so it gives the city time to put funds in place. Alderman Spears noted that the way the grant works is that the city would have to upfront the funds and then is reimbursed later. She indicated that she would like better information before voting on the resolution. Mayor Bard indicated that the grant is due by May 5, 2008. She indicated that the city could always turn the grant down and Alderman Spears stated that turning a grant down does not look good for the city. Alderman Sutcliff stated that people want paths and there is time to plan for funding. Alderman Besco recommended that a revenue stream be identified first before grants are applied for. He suggested revenues from Club 47 could be applied to this. Alderman Golinski asked what the time frame is if the city is awarded the grant. Director Mogle stated that the city applied for a grant for the path over a year ago but it still hasn't been awarded. He stated that the city could apply for the grant and have the funding in place when the grant begins. He also noted that the city applied for this grant in 2005 but it was denied because the city did not have signoffs from ComEd and IDOT. Administrator McLaughlin stated that if 80% of the funding would be received this would be over $2 million from the state. He stated that a series of option such as a short-term loan could be investigated to fund the match. He stated that there is almost $2 million in the Capital Fund which could be used toward this project as well as Land Cash. There was some discussion regarding the material used for the path. Alderman Besco suggested using crushed limestone instead of asphalt for a "greener" path. Motion approved by a roll call vote. Ayes-6 Nays-1 Werderich-aye, Golinski-aye, Besco-aye, Sutcliff-aye, Munns-aye, Spears-nay, Plocher-aye Ordinance 2008-30 Approving the 2008-2009 Fiscal Budget (ADM 2008-11) Mayor Bard entertained a motion to approve an ordinance approving the 2008-2009 Fiscal Budget for the United City of Yorkville and authorize Mayor and City Clerk to execute. So moved by Alderman Munns; seconded by Alderman Plocher. Alderman Besco asked if any changes were made to the Community Relations budget. Administrator McLaughlin stated that he did not receive direction from the City Council to change anything. Alderman Besco stated that prior to this year funds for this department came out of the General Fund so there was no way to track what was spent in this department. He felt it was difficult to determine if cuts were taken The Minutes of the Regular Meeting of the City Council — April 22, 2008 — page 12 in this area or if there has been an increase in this budget. He suggested that in the future any new departments should have their own line item. Alderman Munns noted that each department head came in with a lower budget than requested. He asked if they were comfortable with this and Director Mika stated that they were comfortable with the budget as presented. Alderman Spears stated that she did ask for funds to be cut from the Community Relations and Administrator McLaughlin stated that he was aware of this however there wasn't a consensus from the Council as to what direction to give the staff. Motion approved by a roll call vote. Ayes-6 Nays-I Golinski-aye, Besco-aye, Sutcliff-aye, Munns-aye, Spears-nay, Plocher-aye, Werderich-aye ADDITIONAL BUSINESS Alderman Plocher apologized for recent comments he made about a local business. He recognized they were inappropriate and that there was a better way for him to state his personal opinions. Clerk Milschewski called it to Mayor Burd's attention that she skipped over most of page three of the agenda. CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOWS REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT Chief Martin reported that the openjob position was offered to Yorkville's first former police cadet Behr Pfizenmaier who is currently employed by the Sheriffs Department. He should be on the street in two weeks and Chief Martin indicated that he was pleased to see Officer Pfrzenmaier join the force. He thanked Alderman Spears for supporting the cadet program. DIRECTOR OF PARKS & RECREATION'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR REPORT No report. COMMUNITY RELATIONS OFFICER'S REPORT No report. COMMUNITY & LIAISON REPORT No report. COMMITTEE REPORTS The Minutes of the Regular Meeting of the City Council — April 22, 2008 — oa a 12 PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. MORE ADDITIONAL BUSINESS Countryside TIF Alderman Spears asked the status of the Countryside TIF. Attorney Orr stated that the redevelopment agreement In to be performed by March 31 , 2008. This did not occur so she sent them a default letter and they came in today with a new development scheme that is under review. She hoped this would go before the Economic Development Committee at their June meeting. Yorkville Youth Baseball Alderman Spears asked Director Mogle if parents were paying $10.00/child to participate in the program. Director Mogle stated that this was requested by the Parks and Recreation Department however no agreement was reached. Alderman Spears asked how fields were being assigned and Director Mogle explained that they decided on the fields to be used and the schedule for use. Alderman Spears stated she was told that a permit was needed to use a field. Director Mogle stated that these signs were removed. Congratulations to Oswego Alderman Bosco congratulated Oswego on their 175° anniversary. He suggested that the United City of Yorkville send something to them in recognition. Fasted Growing Area in Country Alderman Besco commented on a recent article in the municipal leagues magazine which stated that Kendall County is the fasted growing area in the country and it has been so for the last seven years. Northeastern Illinois Area Agency on Aging Alderman Golinski reported that he and Alderman Spears attended the Northeastern Illinois Area Agency on Aging where Alderman Spears was honored and elected to their board of directors. Minutes Alderman Sutcliff complimented Clerk Milschewski for getting the minutes back in a timely basis. The City Council thanked her work. EXECUTIVE SESSION Mayor Bud entertained a motion to go into executive session for the purpose of the appointment, employment, compensation, discipline, performance or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. Mayor Burd noted that no action would result from the executive session. So moved by Alderman Sutcliff; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes-5 Nays-1 Spears-aye, Sutcliff-aye, Werderich-aye, Besco-aye, Golinski-nay, Munns-aye The Council entered into the session at 11 :30 p.m. The Council returned to regular session at 1 1 :40 p.m. ADJOURNMENT Mayor Bard entertained a motion to adjourn. So moved by Alderman Morris; seconded by Alderman Sutcliff. Motion unanimously approved by a viva voce vote. Meeting adjourned at 11 :41 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois DATE : 05 / 22 / 08 UNITED CITY OF YORKVILLE PAGE : 1 TIME : 11 : 48 : 43 DETAIL BOARD REPORT ID : AP441000 . WOW FISCAL YEAR 07,08 INVOICES DUE ON/BEFORE 05 /27 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT ACCURINT ACCURINT - ACCOUNT #1249304 1249304 - 20080430 04 / 30 / 08 01 POLICE- SEARCHES 01 - 210 - 65 - 00 - 5804 05 / 27 / 08 59 . 55 OPERATING SUPPLIES INVOICE TOTAL : 59 . 55 VENDOR TOTAL : 59 . 55 ATT AT&T 6305529222 - 0408 04 /25/ 08 01 WATER OP - FOX HILL LIFT STATION 51 - 000 - 62 - 00 - 5436 05 /27 / 08 27 . 26 TELEPHONE INVOICE TOTAL : 27 . 26 6305531141 - 0408 04 /25 / 08 01 POLICE - FAX 01 - 210 - 62 - 00 - 5436 05 / 27 / 08 180 . 81 TELEPHONE INVOICE TOTAL : 180 . 81 6305531577 - 0408 04 /25/ 08 01 WATER OP -LIFT STATIONS 51 - 000 - 62 - 00 - 5436 05 /27 / 08 392 . 84 TELEPHONE INVOICE TOTAL : 392 . 84 6305534349 - 0408 04 / 25 / 08 01 ADMIN- CITY HALL NORTEL 01 - 110 - 62 - 00 - 5436 05 / 27 / 08 681 . 86 TELEPHONE 02 POLICE - CITY HALL NORTEL 01 - 210 - 62 - 00 - 5436 681 . 86 TELEPHONE 03 WATER OP - CITY HALL NORTEL 51 - 000 - 62 - 00 - 5436 681 . 85 TELEPHONE INVOICE TOTAL : 2 , 045 . 57 6305536522 - 0408 04 / 25 / 08 01 WATER OP - LIFT STATION 51 - 000 - 62 - 00 - 5436 05 /27 / 08 30 . 75 TELEPHONE INVOICE TOTAL : 30 . 75 6305537575 - 0408 04 /25/ 08 01 ADMIN- CITY HALL FAX 01 - 110 - 62 - 00 - 5436 05 /27 / 08 52 . 41 TELEPHONE INVOICE TOTAL : 52 . 41 VENDOR TOTAL : 2 , 729 . 64 � --y-- P1 DATE : 05 / 22 / 08 UNITED CITY OF YORKVILLE PAGE : 2 TIME : 11 : 48 : 43 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 /27 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT ATTINTER AT&T INTERNET SERVICES 842804266 - 0508 05 / 09 / 08 01 ADMIN-T . 1 SERVICE 01 - 110 - 62 - 00 - 5436 05 / 27 / 08 463 . 20 TELEPHONE INVOICE TOTAL : 463 . 20 VENDOR TOTAL : 463 . 20 ATTLONG AT&T LONG DISTANCE 828932136 - 0508 05/ 15 / 08 01 ADMIN-APRIL LONG DISTANCE 01 - 110 - 62 - 00 - 5436 05 / 27 / 08 6 . 78 TELEPHONE 02 POLICE -APRIL LING DISTANCE 01 -210 - 62 - 00 - 5436 189 . 60 TELEPHONE 03 WATER OP-APRIL LONG DISTANCE 51 - 000 - 62 - 00 - 5436 35 . 54 TELEPHONE INVOICE TOTAL : 231 . 92 VENDOR TOTAL : 231 . 92 BPAMOCO BP AMOCO OIL COMPANY 12459867 05 / 06 / 08 01 POLICE -GASOLINE 01 - 210 - 65 - 00 - 5812 05 / 27 / 08 515 . 60 GASOLINE INVOICE TOTAL : 515 . 60 12459913 05 / 06 / 08 01 STREETS -APRIL GASOLINE 01 -410 - 65 - 00 - 5812 00204110 05 /27 / 08 562 . 63 GASOLINE 02 WATER OP-APRIL GASOLINE 51 - 000 - 65 - 00 - 5812 562 . 63 GASOLINE 03 SEWER OP-APRIL GASOLINE 52 - 000 - 65 - 00 - 5812 562 . 62 GASOLINE INVOICE TOTAL : 1 , 687 . 88 VENDOR TOTAL : 2 , 203 . 48 BRENNTAG BRENNTAG MID - SOUTH , INC . BMS464204 04 / 16 / 08 01 WATER OP- CHEMICALS 51 - 000 - 62 - 00 - 5407 00203951 05 / 27 / 08 1 , 072 . 00 TREATMENT FACILITIES O&M INVOICE TOTAL : 1 , 072 . 00 P2 DATE : 05 / 22 / 08 UNITED CITY OF YORKVILLE PAGE : 3 TIME : 11 : 48 : 43 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 27 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT BRENNTAG BRENNTAG MID - SOUTH , INC . BMS464205 04 / 16 / 08 01 WATER OP- CHEMICALS 51 - 000 - 62 - 00 - 5407 00203951 05 /27/ 08 878 . 75 TREATMENT FACILITIES O&M INVOICE TOTAL : 878 . 75 BMS698910 04 /18 / 08 01 WATER OP- CREDIT 51 - 000 - 62 - 00 - 5401 05 / 27 / 08 - 600 . 00 CONTRACTUAL SERVICES INVOICE TOTAL : - 600 . 00 VENDOR TOTAL : 1 , 350 . 75 CARGILL CARGILL , INC 2210053 04 / 16 / 08 01 WATER OP- SALT & FUEL CHARGE 51 - 000 - 62 - 00 - 5407 00203949 05 / 27 / 08 2 , 279 . 30 TREATMENT FACILITIES O&M INVOICE TOTAL : 2 , 279 . 30 2218444 04 / 29 / 08 01 WATER OP - SALT & FUEL CHARGE 51 - 000 - 62 - 00 - 5407 00203949 05/ 27 / 08 2 , 340 . 81 TREATMENT FACILITIES O&M INVOICE TOTAL : 2 , 340 . 81 VENDOR TOTAL : 4 , 620 . 11 CDWG CDW GOVERNMENT INC . KGC1452 04 /28 / 08 01 COMM/DEV-VIDEO CARD 01 - 220 - 75 - 00 - 7002 00102146 05 /27 / 08 213 . 90 COMPUTER EQUIP & SOFTWARE INVOICE TOTAL : 213 . 90 VENDOR TOTAL : 213 . 90 CENTRALL CENTRAL LIMESTONE COMPANY , INC 8289 04 / 30/ 08 01 WATER OP - GRAVEL 51 - 000 - 65 - 00 - 5817 05 / 27 / 08 101 . 31 GRAVEL INVOICE TOTAL : 101 . 31 VENDOR TOTAL : 101 . 31 CHEMICAL CHEMICAL PUMP SALES & SERVICE P3 DATE : 05 / 22 / 08 UNITED CITY OF YORKVILLE PAGE : 4 TIME : 11 : 48 : 43 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 27 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT CHEMICAL CHEMICAL PUMP SALES & SERVICE 68107 04 / 30 / 08 01 WATER OP -AMMONIA 51 - 000 - 62 - 00 - 5407 05 / 27 / 08 49 . 50 TREATMENT FACILITIES O&M INVOICE TOTAL : 49 . 50 VENDOR TOTAL : 49 . 50 CONED COMMONWEALTH EDISON 06620 - 76002 - 0408 04 /29 / 08 01 STREETS - STREET LIGHTS 01 - 410 - 62 - 00 - 5435 05 /27 / 08 21843 . 48 ELECTRICITY INVOICE TOTAL : 2 , 843 . 48 1407125045 - 0508 05 / 01/ 08 01 STREETS - FOX HILL LIFT STATION 01 - 410 - 62 - 00 - 5435 05 /27 / 08 81 . 87 ELECTRICITY INVOICE TOTAL : 81 . 87 44490 - 87016 - 0508 05/ 06 / 06 01 SEWER OP-LIFT STATIONS 52 - 000 - 62 - 00 - 5435 05 /27 / 08 919 . 24 ELECTRICITY INVOICE TOTAL : 919 . 24 68190 - 27011 - 0508 05 / 03 / 08 01 STREETS - PR BUILDINGS 01 - 410 - 62 - 00 - 5435 05 /27 / 08 756 . 86 ELECTRICITY INVOICE TOTAL : 756 . 86 VENDOR TOTAL : 4 , 601 . 45 CONSTELL CONSTELLATION NEW ENERGY 0000504812 04 /30/ 08 01 WATER OP -WELLS 51 - 000 - 62 - 00 - 5435 05 / 27 / 08 8 , 896 . 72 ELECTRICITY INVOICE TOTAL : 8 , 896 . 72 0000506707 05 / 01/ 08 01 WATER OP-WELLS 51 - 000 - 62 - 00 - 5435 05 /27 / 08 227 . 42 ELECTRICITY INVOICE TOTAL : 227 . 42 0000509467 05 / 02 / 08 01 WATER OP-WELLS 51 - 000 - 62 - 00 - 5435 05 /27 / 08 133 . 64 ELECTRICITY INVOICE TOTAL : 133 . 64 P4 DATE : 05 /22 / 08 UNITED CITY OF YORKVILLE PAGE : 5 TIME : 11 : 48 : 44 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 /27 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT CONSTELL CONSTELLATION NEW ENERGY 0000509466 05 / 02 / 08 01 WATER OP -WELLS 51 - 000 - 62 - 00 - 5435 05 / 27 / 08 2 , 068 . 06 ELECTRICITY INVOICE TOTAL : 2 , 068 . 06 0000509469 04 / 02 / 08 01 WATER OP -WELLS 51 - 000 - 62 - 00 - 5435 05 / 27 / 08 75 . 60 ELECTRICITY INVOICE TOTAL : 75 . 60 0000509470 05 / 02 / 08 01 WATER OP -WELLS 51 - 000 - 62 - 00 - 5435 05 / 27 / 08 99 . 06 ELECTRICITY INVOICE TOTAL : 99 . 06 0000511133 05 / 03 / 08 01 WATER OP-WELLS 51 - 000 - 62 - 00 - 5435 05 /27 / 08 7 , 539 . 04 ELECTRICITY INVOICE TOTAL : 7 , 539 . 04 0000511747 05 / 03 / 08 01 WATER OP -WELLS 51 - 000 - 62 - 00 - 5435 05 / 27 / 08 193 . 54 ELECTRICITY INVOICE TOTAL : 193 . 54 0000527786 05 / 09 / 08 01 WATER OP -WELLS 51 - 000 - 62 - 00 - 5435 05 / 27 / 06 4 , 556 . 77 ELECTRICITY INVOICE TOTAL : 4 , 556 . 77 VENDOR TOTAL : 23 , 789 . 85 COY CITY OF YORKVILLE 051208 05 / 12 / 08 01 MFT - CORRECTION ON DEPOSIT 15 - 000 - 25 - 00 - 2515 05 / 27 / 08 1 , 157 . 20 INTERFUND 15 02 PROCESSING ERROR * * COMMENT * * INVOICE TOTAL : 1 , 157 . 20 VENDOR TOTAL : 1 , 157 . 20 DOMESTIC DOMESTIC UNIFORM RENTAL P5 DATE : 05 /22 / 08 UNITED CITY OF YORKVILLE PAGE : 6 TIME : 11 : 48 : 44 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 27 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT DOMESTIC DOMESTIC UNIFORM RENTAL 0408 05/ 19 / 08 01 STREETS -APRIL UNIFORMS 01 - 410 - 62 - 00 - 5421 05 / 27 / 08 250 . 72 WEARING APPAREL 02 WATER OP -APRIL UNIFORMS 51 - 000 - 62 - 00 - 5421 250 . 72 WEARING APPAREL 03 SEWER OP -APRIL UNIFORMS 52 - 000 - 62 - 00 - 5421 250 . 72 WEARING APPAREL INVOICE TOTAL : 752 . 16 VENDOR TOTAL : 752 . 16 EEI ENGINEERING ENTERPRISES , INC . 43348 04 /25 / 08 01 COMM/DEV-GEODETIC CONTROL 01 - 220 - 62 - 00 - 5401 05 / 27 / 08 8 , 000 . 00 CONTRACTUAL SERVICES 02 MONUMENTATION * * COMMENT * * INVOICE TOTAL : 8 , 000 . 00 VENDOR TOTAL : 8 , 000 . 00 EJEQUIP EJ EQUIPMENT 0028182 04/30 / 08 01 SEWER OP- INSTALLED & TESTED 52 - 000 - 62 - 00 - 5408 00203678 05 /27/ 08 669 . 52 MAINTENANCE - EQUIPMENT 02 BALL VALVES FOR PUMP CONTROL * * COMMENT * * INVOICE TOTAL : 669 . 52 VENDOR TOTAL : 669 . 52 GARDKOCH GARDINER KOCH & WEISBERG 60235 05/ 09 / 08 01 ADMIN-HAMMAN MATTERS O1 - 110 - 61 - 00 - 5300 05 /27 / 08 3 , 358 . 95 LEGAL SERVICES INVOICE TOTAL : 3 , 358 . 95 60237 05 / 09 / 08 01 ADMIN- OCEAN ATLANTIC MATTERS 01 - 110 - 61 - 00 - 5300 05 /27 / 08 641 . 16 LEGAL SERVICES INVOICE TOTAL : 641 . 16 P6 DATE : 05 /22 / 08 UNITED CITY OF YORKVILLE PAGE : 7 TIME : 11 : 48 : 45 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 27 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - GARDKOCH GARDINER KOCH & WEISBERG 60357 05 / 09/ 08 01 ADMIN- HUSS MATTERS 01 - 110 - 61 - 00 - 5300 05 / 27 / 08 1 , 240 . 32 LEGAL SERVICES INVOICE TOTAL : 1 , 240 . 32 60358 05 / 09 / 08 01 ADMIN- CORN HOLDINGS 01 - 110 - 61 - 00 - 5300 05 / 27 / 08 709 . 91 LEGAL SERVICES INVOICE TOTAL : 709 . 91 60359 05 / 09 / 08 01 ARO - EMINENT DOMAIN 01 - 000 - 13 - 00 - 1372 05 / 27 / 08 639 . 00 A/R- OTHER 02 KENDALL MARKETPLACE * * COMMENT * * INVOICE TOTAL : 639 . 00 60360 05 / 09 / 08 01 ADMIN- LAY - COM MATTERS O1 - 110 - 61 - 00 - 5300 05 / 27 / 08 13 , 820 . 55 LEGAL SERVICES INVOICE TOTAL : 13 , 820 . 55 VENDOR TOTAL : 20 , 409 . 89 GRAINCO GRAINCO FS . , INC . 043008 04 / 30 / 08 01 SEWER OP- TIRES 52 - 000 - 62 - 00 - 5409 00204113 05 /27 / 08 324 . 74 MAINTENANCE -VEHICLES INVOICE TOTAL : 324 . 74 VENDOR TOTAL : 324 . 74 HACH HACH COMPANY 5680564 04 / 14 / 08 01 WATER OP- CHLORINE 51 - 000 - 65 - 00 - 5804 00203947 05 / 27 / 08 290 . 50 OPERATING SUPPLIES INVOICE TOTAL : 290 . 50 VENDOR TOTAL : 290 . 50 HARTIGAM MARGARET HARTIGAN 12 04 / 10/ 08 01 ADMIN - 04 / 10 / 08 MEETING MINUTES 01 - 110 - 62 - 00 - 5401 05 /27 / 08 60 . 00 CONTRACTUAL SERVICES INVOICE TOTAL : 60 . 00 P7 DATE : 05 /22 / 08 UNITED CITY OF YORKVILLE PAGE : 8 TIME : 11 : 48 : 45 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 /27 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT HARTIGAN MARGARET HARTIGAN 13 04 /24 / 08 01 ADMIN - 04 /24 / 08 MEETING MINUTES 01 - 110 - 62 - 00 - 5401 05 /27 / 08 60 . 00 CONTRACTUAL SERVICES INVOICE TOTAL : 60 . 00 VENDOR TOTAL : 120 . 00 HDSUPPLY HD SUPPLY WATERWORKS , LTD . 7002121 04 / 24 / 08 01 WATER OP -METERS & PARTS 51 - 000 - 75 - 00 - 7508 00203953 05/ 27 / 08 395 . 00 METERS & PARTS INVOICE TOTAL : 395 . 00 7062066 04 / 24 / 08 01 WATER OP -METERS & PARTS 51 - 000 - 75 - 00 - 7508 00203953 05 / 27/ 08 150 . 00 METERS & PARTS INVOICE TOTAL : 150 . 00 7120220 04 /28 / 08 01 WATER OP -METERS & PARTS 51 - 000 - 75 - 00 - 7508 00203953 05 /27 / 08 398 . 64 METERS & PARTS INVOICE TOTAL : 398 . 64 7120284 04 /28 / 08 01 WATER OP-METERS & PARTS 51 - 000 - 75 - 00 - 7508 00203953 05/ 27 / 08 151 . 40 METERS & PARTS INVOICE TOTAL : 151 . 40 VENDOR TOTAL : 1 , 095 . 04 HOMEDEPO HOME DEPOT 3052916 05 /25 / 08 01 STREETS - CONNECTORS , CONDUIT 01 - 410 - 65 - 00 - 5804 05/27 / 08 23 . 29 OPERATING SUPPLIES INVOICE TOTAL : 23 . 29 VENDOR TOTAL : 23 . 29 HUNTERJ JOHN HUNTER 051208 05 / 12 / 08 01 POLICE - PARKING REIMBURSEMENT 01 - 210 - 64 - 00 - 5605 05 /27/ 08 13 . 00 TRAVEL EXPENSES INVOICE TOTAL : 13 . 00 VENDOR TOTAL : 13 . 00 P8 DATE : 05 /22 / 08 UNITED CITY OF YORKVILLE PAGE : 9 TIME : 11 : 48 : 45 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 /27 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT IMSA IMSA 55700 - 08 05 / 15 / 08 01 STREETS -ANNUAL DUES 01 - 410 - 64 - 00 - 5604 05 / 27/ 08 60 . 00 TRAINING & CONFERENCES INVOICE TOTAL : 60 . 00 69417 - 08 05 / 15 / 08 01 STREETS -ANNUAL DUES 01 - 410 - 64 - 00 - 5604 05 /27 / 08 60 . 00 TRAINING & CONFERENCES INVOICE TOTAL : 60 . 00 VENDOR TOTAL : 120 . 00 INTOUCH INTOUCH WIRELESS OF YORKVILLE 11082 02 / 05 / 07 01 STREETS - 1 BELT CLIP 01 - 410 - 62 - 00 - 5438 05 / 27/ 08 17 . 99 CELLULAR TELEPHONE INVOICE TOTAL : 17 . 99 11636 05 /21 / 07 01 STREETS - 1 BELT CLIP 01 - 410 - 62 - 00 - 5438 05 / 27 / 08 14 . 99 CELLULAR TELEPHONE INVOICE TOTAL : 14 . 99 12139 08 /29 / 07 01 STREETS - 2 BELT CLIPS 01 - 410 - 62 - 00 - 5438 05 / 27 / 08 29 . 98 CELLULAR TELEPHONE INVOICE TOTAL : 29 . 98 12192 09 / 11/ 07 01 STREETS - 1 BELT CLIP 01 - 410 - 62 - 00 - 5438 05 / 27 / 08 14 . 99 CELLULAR TELEPHONE INVOICE TOTAL : 14 . 99 12276 10 / 02 / 07 01 STREETS - 1 BELT CLIP 01 - 410 - 62 - 00 - 5438 05 /27 / 08 17 . 99 CELLULAR TELEPHONE INVOICE TOTAL : 17 . 99 12424 11/ 13 / 07 01 STREETS - 1 BELT CLIP 01 - 410 - 62 - 00 - 5438 05 /27 / 08 17 . 99 CELLULAR TELEPHONE INVOICE TOTAL : 17 . 99 P9 DATE : 05 / 22 / 08 UNITED CITY OF YORKVILLE PAGE : 10 TIME : 11 : 48 : 46 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 27 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT INTOUCH INTOUCH WIRELESS OF YORKVILLE 9539 04 / 05 / 06 01 STREETS - REPLACEMENT ANTENNA -01 - 410 - 62 - 00 - 5438 05 /27 / 08 15 . 00 CELLULAR TELEPHONE INVOICE TOTAL : 15 . 00 VENDOR TOTAL : 128 . 93 JCM JCM UNIFORMS , INC . 608991 04 /29 / 08 01 POLICE - PANTS 01 - 210 - 62 - 00 - 5421 05 / 27 / 08 32 . 50 WEARING APPAREL INVOICE TOTAL : 32 . 50 VENDOR TOTAL : 32 . 50 JIMSTRCK JAMES GRIBBLE 4018 04 / 30/ 08 01 STREETS - SAFETY TESTS 01 -410 - 61 - 00 - 5314 00204042 05 /27 / 08 229 . 00 INSPECTIONS & LICENSES INVOICE TOTAL : 229 . 00 VENDOR TOTAL : 229 . 00 JOHNSONJ JOHNSON , JEFFREY 042908 04 / 29 / 08 01 POLICE- MEAL & TRAVEL 01 - 210 - 64 - 00 - 5605 05/27 / 08 18 . 94 TRAVEL EXPENSES 02 REIMBURSEMENT * * COMMENT * * INVOICE TOTAL : 18 . 94 VENDOR TOTAL : 18 . 94 JULIE JULIE , INC . 04 - 08 - 1749 05 / 01 / 08 01 WATER OP -APRIL LOCATES 51 - 000 - 61 - 00 - 5303 00204111 05 /27 / 08 555 . 35 JULIE SERVICE INVOICE TOTAL : 555 . 35 VENDOR TOTAL : 555 . 35 XCFPD KENDALL COUNTY FOREST P1O DATE : 05/ 22 / 08 UNITED CITY OF YORKVILLE PAGE : 11 TIME : 11 : 48 : 46 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 /27 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT KCFPD KENDALL COUNTY FOREST 030707 03 / 07 / 07 01 LAND CASH- FINAL PAYMENT FOR 72 - 000 - 75 - 00 - 7326 00404307 05 / 27 / 08 32 , 974 . 45 MOSIER HOLDING COSTS 02 CORLAND INTEREST & COMMITMENT * * COMMENT * * 03 FEES * * COMMENT * * INVOICE TOTAL : 32 , 974 . 45 VENDOR TOTAL : 32 , 974 . 45 KCRECORD KENDALL COUNTY RECORD 043008 04 / 30 / 08 01 ARO -TITANIUM , DTD INVESTMENTS , 01 - 000 - 13 - 00 - 1372 05 /27 / 08 114 . 40 A/R- OTHER 02 CROSS LUTHERAN CHURCH * * COMMENT * * 03 COMM/DEV-AMENDMENT , BIDS 01 - 220 - 61 - 00 - 5300 43 . 20 LEGAL SERVICES 04 ENG- LEGAL NOTICES 01 - 150 - 65 - 00 - 5809 123 . 60 PRINTING & COPYING 05 WATER OP- SEASONAL P . W . AD 51 - 000 - 65 - 00 - 5810 46 . 28 PUBLISHING & ADVERTISING INVOICE TOTAL : 327 . 48 VENDOR TOTAL : 327 . 48 KOPYKAT KOPY KAT COPIER 26789 04 / 28 /08 01 POLICE- FEB - APRIL COPY CHARGE 01 - 210 - 65 - 00 - 5809 05/ 27/ 08 68 . 82 PRINTING & COPYING INVOICE TOTAL : 68 . 82 26792 04 /28 / 08 01 POLICE- FEB - APRIL COPY CHARGE 01 - 210 - 65 - 00 - 5809 05/27 / 08 335 . 05 PRINTING & COPYING INVOICE TOTAL : 335 . 05 26793 04 /28 / 08 01 WATER OP- PW ' S FEE - APRIL COPY 51 - 000 - 65 - 00 - 5809 05 /27 / 08 37 . 83 PRINTING & COPYING 02 CHARGES * * COMMENT * * INVOICE TOTAL : 37 . 83 P11 DATE : 05 / 22 / 08 UNITED CITY OF YORKVILLE PAGE : 12 TIME : 11 : 48 : 46 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 /27/ 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT KOPYKAT KOPY KAT COPIER 26794 04 / 28 / 08 01 ENG- FEB - APRIL COPY CHARGES 01 - 150 - 65 - 00 - 5809 05 /27 / 08 373 . 64 PRINTING & COPYING INVOICE TOTAL : 373 . 64 26795 04 / 28 / 08 01 ADMIN- B/W COPIER FEB - APRIL 01 - 110 - 65 - 00 - 5809 05 / 27 / 08 643 . 97 PRINTING & COPYING 02 COPY CHARGES * * COMMENT * * INVOICE TOTAL : 643 . 97 26798 04 / 28 / 08 01 ADMIN-NEW COPIER FEB - APRIL 01 - 110 - 65 - 00 - 5809 05 /27 / 08 989 . 62 PRINTING & COPYING 02 COPY CHARGES * * COMMENT * * INVOICE TOTAL : 989 . 62 26799 04 /28 / 08 01 ADMIN- COLOR COPIER FEB - APRIL 01 - 110 - 65 - 00 - 5809 05 /27 / 08 2 , 424 . 94 PRINTING & COPYING 02 COPY CHARGES * * COMMENT * * INVOICE TOTAL : 2 , 424 . 94 VENDOR TOTAL : 4 , 873 . 87 LAWNFIRM THE LAWN FIRM 4761 04 / 24 / 08 01 STREETS - SUNFLOWER ENTRANCES 01 - 410 - 75 - 00 - 7104 00204115 05/27 / 08 830 . 00 SSA EXPENSE - FOX HILL SUNFL INVOICE TOTAL : 830 . 00 4766 04 / 30/ 08 01 STREETS - FOX HILL APRIL MOWING 01 - 410 - 75 - 00 - 7104 00204115 05 /27 / 08 1 , 628 . 57 SSA EXPENSE - FOX HILL SUNFL INVOICE TOTAL : 1 , 628 . 57 4773 04 /30 / 08 01 STREETS - SUNFLOWER APRIL MOWING 01 - 410 - 75 - 00 - 7104 00204115 05 /27 / 08 1 , 485 . 60 SSA EXPENSE- FOX HILL SUNFL INVOICE TOTAL : 1 , 485 . 60 VENDOR TOTAL : 31944 . 17 P12 DATE : 05 / 22 / 08 UNITED CITY OF YORKVILLE PAGE : 13 TIME : 11 : 48 : 47 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 27 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT MCKIRGN RANDY MCKIRGAN 65629 04 / 05 / 08 01 STREETS - FUEL 01 - 410 - 65 - 00 - 5812 00204112 05 /27 / 08 310 . 20 GASOLINE 02 WATER OP- FUEL 51 - 000 - 65 - 00 - 5812 310 . 20 GASOLINE 03 SEWER OP - FUEL 52 - 000 - 65 - 00 - 5812 310 . 20 GASOLINE INVOICE TOTAL : 930 . 60 65772 04 /22 / 08 01 STREETS - FUEL 01 - 410 - 65 - 00 - 5812 00204112 05 / 27 / 08 11005 . 91 GASOLINE 02 WATER OP - FUEL 51 - 000 - 65 - 00 - 5812 1 , 005 . 91 GASOLINE 03 SEWER OP- FUEL 52 - 000 - 65 - 00 - 5812 1 , 005 . 90 GASOLINE INVOICE TOTAL : 3 , 017 . 72 VENDOR TOTAL : 3 , 948 . 32 MENLAND MENARDS - YORKVILLE 24175 04 / 10/ 08 01 WATER OP - TWIN LOOP , SPRINGS , 51 - 000 - 65 - 00 - 5804 05 /27 / 08 14 . 26 OPERATING SUPPLIES 02 EYEBOLTS , WIRE LOCKS * * COMMENT * * INVOICE TOTAL : 14 . 26 25520 04/ 16/ 08 01 WATER OP-UTILITY GLOVES 51 - 000 - 65 - 00 - 5804 05 / 27/ 08 19 . 99 OPERATING SUPPLIES INVOICE TOTAL : 19 . 99 28174 04 /28 / 08 01 WATER OP -NIPPLES , AIR FRESHNER 51 - 000 - 65 - 00 - 5804 05 /27 / 08 4 . 78 OPERATING SUPPLIES INVOICE TOTAL : 4 . 78 28510 04 / 30/ 08 01 STREETS - OUTLETS , SWITCH , 01 - 410 - 65 - 00 - 5804 05 /27 / 08 11 . 01 OPERATING SUPPLIES P13 DATE : 05 / 22 / 08 UNITED CITY OF YORKVILLE PAGE : 14 TIME : 11 : 48 : 47 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 27 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT MENLAND MENARDS - YORKVILLE 28510 04 / 30/ 08 02 OUTLET BOXES , TOGGLES , SCREW * * COMMENT * * 05 / 27 / 08 03 CONNECTOR , STRAP * * COMMENT * * INVOICE TOTAL : 11 . 01 28569 04 / 30 / 08 01 POLICE - PADLOCKS 01 - 210 - 65 - 00 - 5804 05 /27 / 08 20 . 91 OPERATING SUPPLIES INVOICE TOTAL : 20 . 91 VENDOR TOTAL : 70 . 95 MIDAM MID AMERICAN WATER 46382A 04 / 28 / 08 01 STREETS -MANHOLE HOOKS 01 - 410 - 65 - 00 - 5815 05 / 27 / 08 23 . 00 HAND TOOLS INVOICE TOTAL : 23 . 00 VENDOR TOTAL : 23 . 00 MONTRK MONROE TRUCK EQUIPMENT 61701 05 / 01/ 08 01 PH CAPITAL- UNDER BODY TOOL BOX 21 - 000 - 75 - 00 - 7107 00204030 05 / 27 / 08 730 . 00 TRUCK ACCESSORIES INVOICE TOTAL : 730 . 00 VENDOR TOTAL : 730 . 00 NCI NORTHWEST COLLECTORS INC 033108 03 / 31 / 08 01 WATER OP - COMM . ON COLLECTIONS 51 - 000 - 65 - 00 - 5808 05 /27 / 08 97 . 77 POSTAGE & SHIPPING INVOICE TOTAL : 97 . 77 VENDOR TOTAL : 97 . 77 NCL NCL EQUIPMENT SPECIALTIES 9210 04 / 30 / 08 01 ENG- STAKES & FLAGS 01 - 150 - 65 - 00 - 5801 05/ 27 / 08 81 . 35 ENGINEERING SUPPLIES INVOICE TOTAL : 81 . 35 P14 DATE : 05 / 22 / 08 UNITED CITY OF YORKVILLE PAGE : 15 TIME : 11 : 48 : 47 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 /27 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT NCL NCL EQUIPMENT SPECIALTIES 9222 04 / 30 / 08 01 ENG-NAILS 01 - 150 - 65 - 00 - 5801 05 / 27 / 08 20 . 00 ENGINEERING SUPPLIES INVOICE TOTAL : 20 . 00 VENDOR TOTAL : 101 . 35 NEENAH NEENAH FOUNDRY CO . 850105 04 / 30 / 08 01 SEWER OP - FRAME 52 - 000 - 62 - 00 - 5419 05 / 27 / 08 113 . 00 MAINTENANCE - SANITARY SEWER INVOICE TOTAL : 113 . 00 VENDOR TOTAL : 113 . 00 NELSON NELSON ENTERPRISES , INC . 9162 - 0001 04 / 30/ 08 01 ADMIN- RADIO ADVERTISING 01 - 000 - 40 - 00 - 4050 00102152 05 /27 / 08 157 . 50 HOTEL TAX INVOICE TOTAL : 157 . 50 VENDOR TOTAL : 157 . 50 NICOR NICOR GAS 15 - 41 - 50 - 1000 6 - 0508 05 / 06/ 08 01 ADMIN- 804 GAME FARM RD 01 - 110 - 78 - 00 - 9002 05 /27 / 08 334 . 11 NICOR GAS INVOICE TOTAL : 334 . 11 15 - 64 - 61 - 3532 5 - 0508 05 / 06 / 08 01 ADMIN- 1991 CANNONBALL TRAIL 01 - 110 - 78 - 00 - 9002 05 / 27 / 08 14 . 54 NICOR GAS INVOICE TOTAL : 14 . 54 20 - 52 - 56 - 2042 1 - 0508 05 / 07 / 08 01 ADMIN- 420 FAIRHAVEN DR 01 - 110 - 78 - 00 - 9002 05 /.27 / 08 61 . 36 NICOR GAS INVOICE TOTAL : 61 . 36 23 - 45 - 91 - 4862 5 - 0508 05 / 02 / 08 01 ADMIN- 101 BRUELL STREET 01 - 110 - 78 - 00 - 9002 05 /27 / 08 74 . 62 NICOR GAS INVOICE TOTAL : 74 . 62 P15 DATE : 05 /22 / 08 UNITED CITY OF YORKVILLE PAGE : 16 TIME : 11 : 48 : 48 DETAIL BOARD REPORT ID : AP441000 . W0W INVOICES DUE ON/BEFORE 05 /27 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT NICOR NICOR GAS 31 - 61 - 67 - 2493 1 - 0508 05 / 06 / 08 01 ADMIN- 276 WINDHAM CIRCLE 01 - 110 - 78 - 00 - 9002 05 / 27 / 08 26 . 70 NICOR GAS INVOICE TOTAL : 26 . 70 45 - 12 - 25 - 4081 3 - 0508 05 / 01/ 08 01 ADMIN - 201 W HYDRAULIC 01 - 110 - 78 - 00 - 9002 05 / 27/ 08 215 . 22 NICOR GAS INVOICE TOTAL : 215 . 22 46 - 69 - 47 - 6727 1 - 0508 05/ 06 / 08 01 ADMIN- 1975 BRIDGE STREET 01 - 110 - 78 - 00 - 9002 05 / 27 / 08 71 . 45 NICOR GAS INVOICE TOTAL : 71 . 45 49 - 25 - 61 - 1000 5 - 0508 05 / 01 / 08 01 ADMIN- 1 VAN EMMON RD O1 - 110 - 78 - 00 - 9002 05 /27 / 08 147 . 45 NICOR GAS INVOICE TOTAL : 147 . 45 66 - 70 - 44 - 6942 9 - 0508 05 / 07 / 08 01 ADMIN- 100 RAINTREE RD 01 - 110 - 78 - 00 - 9002 05 / 27/ 08 72 . 44 NICOR GAS INVOICE TOTAL : 72 . 44 77 - 35 - 71 - 1000 4 - 0408 04 /25 / 08 01 ADMIN- 131 E HYDRAULIC 01 - 110 - 78 - 00 - 9002 05 /27 / 08 1 , 292 . 15 NICOR GAS INVOICE TOTAL : 1 , 292 . 15 77 - 35 - 71 - 1000 4 - 0508 05 / 06 / 08 01 ADMIN- 131 E HYDRAULIC 01 - 110 - 78 - 00 - 9002 05 / 27/ 08 119 . 85 NICOR GAS INVOICE TOTAL : 119 . 85 83 - 13 - 42 - 8369 2 - 0508 05/ 06 / 08 01 ADMIN- 1107 PRAIRIE LANE 01 - 110 - 78 - 00 - 9002 05 / 27 / 08 34 . 20 NICOR GAS INVOICE TOTAL : 34 . 20 83 - 80 - 00 - 1000 7 - 0508 05/ 09 / 08 01 ADMIN- 610 TOWER LN UNIT B 01 - 110 - 78 - 00 - 9002 05 /27 / 08 171 . 43 NICOR GAS INVOICE TOTAL : 171 . 43 P16 DATE : 05 / 22 / 08 UNITED CITY OF YORKVILLE PAGE : 17 TIME : 11 : 48 : 48 DETAIL BOARD REPORT ID : AP441000 . W0W INVOICES DUE ON/BEFORE 05 / 27 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - NICOR NICOR GAS 95 - 16 - 10 - 1000 4 - 0508 05 / 09 / 08 01 ADMIN- 1 RT47 01 - 110 - 78 - 00 - 9002 05 / 27 / 08 545 . 26 NICOR GAS INVOICE TOTAL : 545 . 26 VENDOR TOTAL : 3 , 180 . 78 OHERROND RAY O ' HERRON COMPANY , INC - 0813070 - IN 05 / 05 / 08 01 POLICE- PRISONER SEAT 01 - 210 - 62 - 00 - 5409 00304342 05 /27 / 08 370 . 95 MAINTENANCE - VEHICLES INVOICE TOTAL : 370 . 95 VENDOR TOTAL : 370 . 95 OHERRONO RAY O ' HERRON COMPANY 41032 04 / 29 / 08 01 POLICE- SHIRTS , PANTS , CAP , 01 - 210 - 62 - 00 - 5421 00304340 05 /27 / 08 785 . 07 WEARING APPAREL 02 BOOTS , BELT , GLOVES * * COMMENT * * INVOICE TOTAL : 785 . 07 41307 04 /30 / 08 01 POLICE - SHIRTS 01 - 210 - 62 - 00 - 5421 05 / 27 / 08 72 . 07 WEARING APPAREL INVOICE TOTAL : 72 . 07 VENDOR TOTAL : 857 . 14 ORRK KATHLEEN FIELD ORR & ASSOC . 12480 05 / 01/ 08 01 ADMIN-GENERAL LEGAL , AUTUMN 01 - 110 - 61 - 00 - 5300 05 /27 / 08 11 , 350 . 50 LEGAL SERVICES 02 CREEK , FOX HILL , LANDFILL , * * COMMENT * * 03 OCEAN ATLANTIC MATTERS * * COMMENT * * 04 ARO- COBBLESTONE COMMONS , 01 - 000 - 13 - 00 - 1372 41571 . 10 A/R- OTHER 05 GRANDE RESERVE , HATTNER * * COMMENT * * 06 ANNEXATION , JAKELAND * * COMMENT * * P17 DATE : 05/ 22 / 08 UNITED CITY OF YORKVILLE PAGE : 18 TIME : 11 : 48 : 48 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 /27 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT ORRK KATHLEEN FIELD ORR & ASSOC . 12480 05 / 01/ 08 07 ANNEXATION , TRILAND , ROB ROY * * COMMENT * * 05 /27 / 08 O8 FALLS , SOUTHWEST GROUP * * COMMENT * * INVOICE TOTAL : 15 , 921 . 60 VENDOR TOTAL : 15 , 921 . 60 PARADISE PARADISE CAR WASH 221259 04 / 30 / 08 01 POLICE - CAR WASHES 01 - 210 - 62 - 00 - 5409 05 /27 / 08 132 . 35 MAINTENANCE - VEHICLES INVOICE TOTAL : 132 . 35 VENDOR TOTAL : 132 . 35 PATTEN PATTEN INDUSTRIES , INC . PM600144132 04 /25 / 06 01 SEWER OP -GENERATOR WORK 52 - 000 - 62 - 00 - 5422 00203677 05 /27 / 08 21500 . 00 LIFT STATION MAINTENANCE INVOICE TOTAL : 2 , 500 . 00 VENDOR TOTAL : 2 , 500 . 00 PROVENAM PROVENA MERCY CENTER 050108 05/ 01/ 08 01 WATER OP - MANDATORY TESTING 51 - 000 - 75 - 00 - 7004 05 /27 / 08 223 . 00 SAFETY EQUIPMENT INVOICE TOTAL : 223 . 00 VENDOR TOTAL : 223 . 00 ROSEBUD ROSEBUD FLORIST 042908 04 / 29 / 08 01 POLICE-BALLOONS 01 - 210 - 64 - 00 - 5616 05 / 27 / 08 30 . 00 DARE PROGRAM INVOICE TOTAL : 30 . 00 VENDOR TOTAL : 30 . 00 SCHOPPE SCHOPPE DESIGN ASSOC . P18 DATE : 05 /22 / 08 UNITED CITY OF YORKVILLE PAGE : 19 TIME : 11 : 48 : 49 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 27 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT SCHOPPE SCHOPPE DESIGN ASSOC . 12549 04 / 18 / 08 01 LAND CASH- GRANDE RESERVE 72 - 000 - 75 - 00 - 7327 00404277 05 / 27 / 08 500 . 00 GRANDE RESERVE PARK 02 PARK A * * COMMENT * * INVOICE TOTAL : 500 . 00 VENDOR TOTAL : 500 . 00 SECGROUP SEC GROUP , INC . 347645 09 /20/ 07 01 MFT-GAME FARM RD PLAT OF 15 - 000 - 75 - 00 - 7106 05 /27 / 08 7 , 500 . 00 GAME FARM SURVEYING 02 HIGHWAYS * * COMMENT * • INVOICE TOTAL : 7 , 500 . 00 VENDOR TOTAL : 7 , 500 . 00 SEYFARTH SEYFARTH SHAW LLP 1469711 04 / 30 / 08 01 POLICE - POLICE LEGAL MATTERS 01 - 210 - 64 - 00 - 5607 05 / 27 / 08 1 , 408 . 10 POLICE COMMISSION INVOICE TOTAL : 1 , 408 . 10 VENDOR TOTAL : 1 , 408 . 10 SHELL SHELL OIL CO . 065159923805 05/ 02 / 08 01 STREETS -GASOLINE 01 - 410 - 65 - 00 - 5812 05 / 27 / 08 11260 . 51 GASOLINE 02 WATER OP -GASOLINE 51 - 000 - 65 - 00 - 5812 11260 . 51 GASOLINE 03 SEWER OP - GASOLINE 52 - 000 - 65 - 00 - 5812 1 , 260 . 52 GASOLINE INVOICE TOTAL : 3 , 781 . 54 VENDOR TOTAL : 31781 . 54 SUBURBAN SUBURBAN CHICAGO NEWSPAPERS AD 705267 04 / 30 / 08 01 COMM/DEV-WHISPERING MEADOWS 01 - 220 - 65 - 00 - 5810 05 /27/ 08 137 . 56 PUBLISHING & ADVERTISING P19 DATE : 05 /22 / 08 UNITED CITY OF YORKVILLE PAGE : 20 TIME : 11 : 48 : 49 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 05 /27 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT SUBURBAN SUBURBAN CHICAGO NEWSPAPERS AD 705267 04 / 30 / 08 02 BID * * COMMENT * * 05/ 27 / 08 INVOICE TOTAL : 137 . 56 VENDOR TOTAL : 137 . 56 TINSTAR TIN STAR ELECTRONIC SERVICE 5412 04 / 28 / 08 01 POLICE - REPAIRED WIRING 01 -210 - 62 - 00 - 5409 05 /27 / 08 45 . 00 MAINTENANCE - VEHICLES INVOICE TOTAL : 45 . 00 VENDOR TOTAL : 45 . 00 TUFFY TUFFY AUTO SERVICE CENTER 4608 04 /28 / 08 01 POLICE-WIPER BLADES 01 - 210 - 62 - 00 - 5409 05/27 / 08 48 . 69 MAINTENANCE - VEHICLES INVOICE TOTAL : 48 . 69 VENDOR TOTAL : 48 . 69 VEOLIA VEOLIA ES SOLID WASTE MIDWEST T0270148 04 /25 / 08 01 HEALTH & SANITATION-APRIL 01 - 540 - 62 - 00 - 5442 05 / 27 / 08 89 , 884 . 60 GARBAGE SERVICES INVOICE TOTAL : 89 , 884 . 60 VENDOR TOTAL : 89 , 884 . 60 WATERSYS WATER SOLUTIONS UNLIMITED , INC 0024813 - IN 04 /25 / 08 01 WATER OP- PHOSPHATE 51 - 000 - 62 - 00 - 5407 00203950 05 /27 / 08 1 , 440 . 00 TREATMENT FACILITIES O&M INVOICE TOTAL : 1 , 440 . 00 VENDOR TOTAL : 1 , 440 . 00 WILDATRY WILDMAN , HARROLD , ALLEN & 370590 04 / 30/ 08 01 AR- LANDFILL LEGAL 01 - 000 - 13 - 00 - 1375 05 /27 / 08 7 , 051 . 60 A/R- LANDFILL INVOICE TOTAL : 7 , 051 . 60 VENDOR TOTAL : 7 , 051 . 60 P20 DATE : 05 / 22 / 08 UNITED CITY OF YORKVILLE PAGE : 21 TIME : 11 : 48 : 50 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 /27 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT YORKLIBR YORKVILLE PUBLIC LIBRARY 050908 - PPRT 05 / 09 / 08 01 ADMIN-MAY LIBRARY TRANSFER 01 - 000 - 40 - 00 - 4010 05 /27 / 08 1 , 168 . 45 PERSONAL PROPERTY TAX INVOICE TOTAL : 1 , 166 . 45 VENDOR TOTAL : 1 , 168 . 45 YORKNAPA YORKVILLE NAPA AUTO PARTS 832451 04 / 07 / 08 01 POLICE - WINDSHIELD WASHER FLUID 01 - 210 - 65 - 00 - 5804 05 / 27 / 08 14 . 34 OPERATING SUPPLIES INVOICE TOTAL : 14 . 34 832921 04 / 11 / 08 01 STREETS - FILTER 01 - 410 - 62 - 00 - 5409 05 / 27 / 08 11 . 26 MAINTENANCE -VEHICLES INVOICE TOTAL : 11 . 28 833389 04 / 15 / 08 01 WATER OP -OIL FILTER 51 - 000 - 62 - 00 - 5409 05 /27 / 08 4 . 42 MAINTENANCE -VEHICLES INVOICE TOTAL : 4 . 42 833713 04 / 17/ 08 01 STREETS - RELAY 01 - 410 - 62 - 00 - 5409 05 /27 / 06 11 . 65 MAINTENANCE-VEHICLES INVOICE TOTAL : 11 . 65 633780 04/ 18 / 08 01 POLICE - RETURN CREDIT 01 - 210 - 62 - 00 - 5409 05 / 27 / 08 - 4 . 75 MAINTENANCE - VEHICLES INVOICE TOTAL : - 4 . 75 833833 04 / 18 / 08 01 STREETS - SWAY BAR REPAIRS 01 - 410 - 62 - 00 - 5409 05 / 27 / 08 131 . 08 MAINTENANCE -VEHICLES INVOICE TOTAL : 131 . 08 834214 04 /21/ 08 01 POLICE -WIPER BLADES 01 - 210 - 65 - 00 - 5804 05 /27 / 06 17 . 08 OPERATING SUPPLIES INVOICE TOTAL : 17 . 08 P21 DATE : 05 /22 / 08 UNITED CITY OF YORKVILLE PAGE : 22 TIME : 11 : 48 : 50 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 /27 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - " _ - - - - YORKNAPA YORKVILLE NAPA AUTO PARTS 834370 04 /22 / 08 01 SEWER OP-OIL FILTERS 52 - 000 - 62 - 00 - 5422 05 /27 / 08 25 . 47 LIFT STATION MAINTENANCE INVOICE TOTAL : 25 . 47 834457 04 /23 / 08 01 SEWER OP - STARTING FLUID 52 - 000 - 65 - 00 - 5805 05 /27 / 08 1 . 99 SHOP SUPPLIES INVOICE TOTAL : 1 . 99 834527 04 / 23 / 08 01 POLICE -RATCHET 01 - 210 - 65 - 00 - 5804 05 / 27 / 08 18 . 56 OPERATING SUPPLIES INVOICE TOTAL : 18 . 56 835043 04 /28 / 08 01 STREETS - SWAY BAR CREDIT 01 -410 - 62 - 00 - 5409 05 / 27 / 08 - 65 . 54 MAINTENANCE -VEHICLES INVOICE TOTAL : - 65 . 54 835092 04 / 28 / 08 01 SEWER OP - PUMP 52 - 000 - 65 - 00 - 5815 05 / 27 / 08 3 . 99 HAND TOOLS INVOICE TOTAL : 3 . 99 835103 04 /28 / 08 01 POLICE - HITCH PIN 01 - 210 - 65 - 00 - 5804 05/ 27 / 08 5 . 99 OPERATING SUPPLIES INVOICE TOTAL : 5 . 99 835168 04 / 29 / 08 01 SEWER OP - F . P . KIT 52 - 000 - 62 - 00 - 5408 05 /27 / 08 41 - 71 MAINTENANCE- EQUIPMENT INVOICE TOTAL : 41 . 71 835376 04 / 30 / 08 01 STREETS - SOCKET 01 - 410 - 62 - 00 - 5409 05 / 27 / 08 5 . 88 MAINTENANCE-VEHICLES INVOICE TOTAL : 5 . 88 VENDOR TOTAL : 223 . 15 YORKPDPC YORKVILLE POLICE DEPT . P22 DATE : 05 /22 / 08 UNITED CITY OF YORKVILLE PAGE : 23 TIME : 11 : 48 : 50 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05/27 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT YORKPDPC YORKVILLE POLICE DEPT . 051308 05 / 19 / 08 01 POLICE - BACKGROUND CHECK 01 - 210 - 65 - 00 - 5804 05 /27 / 08 20 . 00 OPERATING SUPPLIES INVOICE TOTAL : 2000. VENDOR TOTAL : 2000. TOTAL ALL INVOICES : 258 , 141 . 09 P23 DATE : 05 / 22 / 08 UNITED CITY OF YORKVILLE PAGE : 1 TIME : 11 : 51 : 30 DETAIL BOARD REPORT ID : AP441000 . WOW FISCAL 08/09 INVOICES DUE ON/BEFORE 05 /27 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT ARAMARK ARAMARK UNIFORM SERVICES 610 - 6249069 04 / 29 / 08 01 STREETS -UNIFORMS 01 - 410 - 62 - 00 - 5421 00204116 05 /27 / 08 22 . 10 WEARING APPAREL 02 WATER OP -UNIFORMS 51 - 000 - 62 - 00 - 5421 22 . 10 WEARING APPAREL 03 SEWER OP- UNIFORMS 52 - 000 - 62 - 00 - 5421 22 . 10 WEARING APPAREL INVOICE TOTAL : 66 . 30 610 - 6255095 05 / 06/ 08 01 STREETS -UNIFORMS 01 - 410 - 62 - 00 - 5421 00204116 05 /27 / 08 22 . 10 WEARING APPAREL 02 WATER OP- UNIFORMS 51 - 000 - 62 - 00 - 5421 22 . 10 WEARING APPAREL 03 SEWER OP -UNIFORMS 52 - 000 - 62 - 00 - 5421 22 . 10 WEARING APPAREL INVOICE TOTAL : 66 . 30 VENDOR TOTAL : 132 . 60 ARROLAB ARRO LABORATORY , INC . 38906 05 / 02 / 08 01 WATER OP- SAMPLES 51 - 000 - 65 - 00 - 5822 00203952 05 / 27/ 08 180 . 00 WATER SAMPLES INVOICE TOTAL : 180 . 00 VENDOR TOTAL : 180 . 00 BNY BNY MIDWEST TRUST COMPANY 664806 - 0408 04 / 16 / 08 01 FOX INDUSTRIAL- INTEREST 85 - 000 - 66 - 00 - 6022 05 /27 / 08 7 , 777 . 50 FOX IND BOND- INT PAYMENT INVOICE TOTAL : 7 , 777 . 50 665078 - 0408 04 / 16/ 08 01 WATER OP- INTEREST PAYMENT 51 - 200 - 66 - 00 - 6007 05 /27 / 08 16 , 575 . 00 RADIUM COMPLIANCE BOND INVOICE TOTAL : 16 , 575 . 00 665281 - 0508 04 / 16 / 08 01 COUNTRYSIDE- INTEREST PAYMENT 87 - 000 - 66 - 00 - 6022 05/27 / 08 71 , 433 . 75 BOND - INT PAYMENT INVOICE TOTAL : 71 , 433 . 75 VENDOR TOTAL : 95 , 786 . 25 P24 DATE : 05/22 / 08 UNITED CITY OF YORKVILLE PAGE : 2 TIME : 11 : 51 : 30 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 27 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT BNYCORP THE BANK OF NEW YORK 1262691 05 / 07 / 08 01 FINANCE-ADMIN FEE 01 - 120 - 62 - 00 - 5401 05 /27 / 08 214 . 00 CONTRACTUAL SERVICES INVOICE TOTAL : 214 . 00 VENDOR TOTAL : 214 . 00 CAMBRIA CAMBRIA SALES COMPANY INC . 26005 05 / 07/ 08 01 ADMIN- GARBAGE BAGS , PAPER 01 - 110 - 65 - 00 - 5804 00102154 05 /27 / 08 178 . 32 OPERATING SUPPLIES 02 TOWELS * * COMMENT * * INVOICE TOTAL : 178 . 32 VENDOR TOTAL : 178 . 32 CARGILL CARGILL , INC 2219868 05 / 01/ 08 01 WATER OP- SALT & FUEL CHARGE 51 - 000 - 62 - 00 - 5407 00203949 05 / 27 / 08 2 , 318 . 57 TREATMENT FACILITIES O&M INVOICE TOTAL : 2 , 318 . 57 VENDOR TOTAL : 2 , 318 . 57 CLARKE CLARK ENVIRONMENTAL 6319674 05/ 01/ 08 01 STREETS - JUNE APPLICATION 01 - 410 - 75 - 00 - 5418 00204114 05 / 27 / 08 7 , 456 . 00 MOSQUITO CONTROL INVOICE TOTAL : 7 , 458 . 00 VENDOR TOTAL : 7 , 458 . 00 COMDIR COMMUNICATIONS DIRECT INC SRS2494 05 / 09 / 08 01 POLICE - REPAIRED DIGITAL 01 - 210 - 62 - 00 - 5408 00304343 05 / 27 / 08 416 . 91 MAINTENANCE - EQUIPMENT 02 PATROLLER * * COMMENT * x INVOICE TOTAL : 416 . 91 VENDOR TOTAL : 416 . 91 P25 DATE : 05 / 22 / 08 UNITED CITY OF YORKVILLE PAGE : 3 TIME : 11 : 51 : 31 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 /27 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT CONFOUND CONSERVATION FOUNDATION 050208 05 / 02 / 08 01 COMM/DEV- RAIN BARREL FOR CITY 01 - 220 - 65 - 00 - 5804 05 /27 / 08 60 . 00 OPERATING SUPPLIES 02 HALL * * COMMENT * * INVOICE TOTAL : 60 . 00 VENDOR TOTAL : 60 . 00 DAVEAUTO DAVID L CHELSEN 13174 05/ 06 / 08 01 POLICE- BEARINGS , SEAL 01 - 210 - 62 - 00 - 5409 00304346 05 / 27 / 08 374 . 00 MAINTENANCE - VEHICLES INVOICE TOTAL : 374 . 00 13188 05 / 08 / 08 01 POLICE - INTAKE VALVE 01 - 210 - 62 - 00 - 5409 00304351 05 /27 / 08 804 . 00 MAINTENANCE - VEHICLES INVOICE TOTAL : 804 . 00 VENDOR TOTAL : 1 , 178 . 00 EEC EMPLOYEE BENEFITS CORPORATION 316631 05 / 12 / 08 01 FINANCE,-MAY ADMIN FEES 01 - 120 - 72 - 00 - 6501 05 /27 / 08 120 . 00 SOCIAL SECURITY & MEDICARE INVOICE TOTAL : 120 . 00 VENDOR TOTAL : 120 . 00 EJEQUIP EJ EQUIPMENT 0028190 05 / 02 / 08 01 STREETS - BROOMS 01 - 410 - 62 - 00 - 5409 00204044 05 /27 / 08 463 . 62 MAINTENANCE-VEHICLES INVOICE TOTAL : 463 . 62 VENDOR TOTAL : 463 . 62 FOXVALLE FOX VALLEY TROPHY & AWARDS 23409 05 / 05 / 08 01 COMM RELATIONS - 15 ENGRAVED 01 - 130 - 78 - 00 - 9010 05 /27 / 08 75 . 00 COMMUNITY EVENTS P26 DATE : 05 / 22 / 08 UNITED CITY OF YORKVILLE PAGE : 4 TIME : 11 : 51 : 31 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 27 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT FOXVALLE FOX VALLEY TROPHY & AWARDS 23409 05 / 05 / 08 02 PLAQUES VOLUNTEER DAY * * COMMENT * * 05 / 27 / 08 INVOICE TOTAL : 75 . 00 VENDOR TOTAL : 75 . 00 GJOVIKCH GJOVIK CHEVROLET CVCS147635 05 / 02 / 08 01 POLICE -REPLACED SOLENOID 01 - 210 - 62 - 00 - 5409 05 /27 / 08 104 . 60 MAINTENANCE - VEHICLES INVOICE TOTAL : 104 . 60 VENDOR TOTAL : 104 . 60 GREATAME GREATAMERICA LEASING CORP . 7454109 05/ 07 / 08 01 FINANCE- 7 COPIERS 01 - 120 - 62 - 00 - 5412 05 / 27 / 08 1 , 964 . 69 MAITENANCE - PHOTOCOPIERS 02 WATER OP - 1 COPIER 51 - 000 - 65 - 00 - 5809 140 . 00 PRINTING & COPYING INVOICE TOTAL : 2 , 104 . 69 VENDOR TOTAL : 2 , 104 . 69 HARTIGAM MARGARET HARTIGAN 14 05 / 08 / 08 01 ADMIN- 05 / 08 / 08 MEETING MINUTES 01 - 110 - 62 - 00 - 5401 05 /27 / 08 102 . 38 CONTRACTUAL SERVICES INVOICE TOTAL : 102 . 38 VENDOR TOTAL : 102 . 38 HDSUPPLY HD SUPPLY WATERWORKS , LTD . 7015668 05 / 02 / 08 01 WATER OP -METERS & PARTS 51 - 000 - 75 - 00 - 7508 00203955 05 /27 / 08 3 , 912 . 36 METERS & PARTS INVOICE TOTAL : 3 , 912 . 36 7158965 05 / 02 / 08 01 WATER OP- METERS & PARTS 51 - 000 - 75 - 00 - 7508 00203955 05 /27 / 08 1 , 555 . 50 METERS & PARTS INVOICE TOTAL : 1 , 555 . 50 VENDOR TOTAL : 5 , 467 . 86 P27 DATE : 05 /22 / 08 UNITED CITY OF YORKVILLE PAGE : 5 TIME : 11 : 51 : 32 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 27 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT HOMEDEPO HOME DEPOT 8053903 05 / 14 / 08 01 STREETS - COVER 01 - 410 - 65 - 00 - 5804 05 / 27 / 08 2 . 44 OPERATING SUPPLIES INVOICE TOTAL : 2 . 44 VENDOR TOTAL : 2 . 44 HOMEPLAT HOMEPLATE HOTDOGS 241766 05/ 10 / 08 01 COMM RELATIONS - FOOD FOR 01 - 130 - 78 - 00 - 9010 00102156 05 / 27 / 08 265 . 50 COMMUNITY EVENTS 02 COMMUNITY APPRECIATION DAY * * COMMENT * * INVOICE TOTAL : 265 . 50 VENDOR TOTAL : 265 . 50 ICCI INTERNATIONAL CODES 200805 04 / 30 / 08 01 ADMIN- MAY PERMITS 01 - 110 - 61 - 00 - 5314 05 /27 / 08 19 , 199 . 15 BUILDING INSPECTIONS INVOICE TOTAL : 19 , 199 . 15 VENDOR TOTAL : 19 , 199 . 15 ICMA INTERNATIONAL CITY/COUNTY MGMT 425292 05 / 05 / 08 01 ADMIN-ANNUAL MEMBERSHIP DUES 01 - 110 - 64 - 00 - 5600 00102151 05 / 27 / 08 614 . 17 DUES INVOICE TOTAL : 614 . 17 VENDOR TOTAL : 614 . 17 ILCCMA ILLINOIS CITY/COUNTY 051608 05 / 16/ 08 01 ADMIN -ANNUAL DUES 01 - 110 - 64 - 00 - 5600 05 / 27 / 08 172 . 60 DUES INVOICE TOTAL : 172 . 60 VENDOR TOTAL : 172 . 60 ILEPAADM IL ENV . PROTECTION AGENCY P28 DATE : 05 / 22 / 08 UNITED CITY OF YORKVILLE PAGE : 6 TIME : 11 : 51 : 32 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 27 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT ILEPAADM IL ENV . PROTECTION AGENCY 050908 05 / 09 / 08 01 WATER OP - SAMPLING 51 - 000 - 65 - 00 - 5822 00203948 05 /27 / 08 8 , 430 . 17 WATER SAMPLES INVOICE TOTAL : 8 , 430 . 17 VENDOR TOTAL : 8 , 430 . 17 ILPROSER ILLINOIS PROSECUTOR SERVICES , 052008 05 /20 / 08 01 POLICE -ANNUAL SUBSCRIPTION 01 - 210 - 64 - 00 - 5603 05 /27 / 08 50 . 00 SUBSCRIPTIONS INVOICE TOTAL : 50 . 00 VENDOR TOTAL : 50 . 00 JSCONST J & S CONSTRUCTION 050908 - SEC 05 / 09 / 08 01 WATER OP-VAN EMMON WATER MAIN 51 - 200 - 62 - 00 - 5463 05 /27 / 08 96 , 902 . 00 KENDALLWOOD ESTATES REIMB . INVOICE TOTAL : 96 , 902 . 00 VENDOR TOTAL : 96 , 902 . 00 JUSTSAFE JUST SAFETY , LTD 7354 05 / 15 / 08 01 STREETS - FIRST AID SUPPLIES 01 - 110 - 65 - 00 - 5804 05 / 27 / 08 13 . 18 OPERATING SUPPLIES 02 FINANCE - FIRST AID SUPPLIES 01 - 120 - 65 - 00 - 5804 13 . 17 OPERATING SUPPLIES INVOICE TOTAL : 26 . 35 VENDOR TOTAL : 26 . 35 KCACP KENDALL COUNTY ASSOCIATION 031408 -MOBILE 03 / 14 / 08 01 POLICE - MOBILE COMMAND CENTER 01 - 210 - 64 - 00 - 5600 00304349 05 /27 / 08 500 . 00 DUES 02 DUES * * COMMENT * * INVOICE TOTAL : 500 . 00 P29 DATE : 05 /22 / 08 UNITED CITY OF YORKVILLE PAGE : 7 TIME : 11 : 51 : 32 DETAIL BOARD REPORT ID : AP441OOO . WOW INVOICES DUE ON/BEFORE 05 /27 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT KCACP KENDALL COUNTY ASSOCIATION 031408 - SRT 03 / 14 / 08 01 POLICE - SRT DUES 01 - 210 - 64 - 00 - 5611 00304347 05 /27/ 08 2 , 000 . 00 SRT FEE INVOICE TOTAL : 2 , 000 . 00 031408 - TASK 03 / 14 / 08 01 POLICE- MAJOR CRIMES TASKFORCE 01 - 210 - 64 - 00 - 5600 00304348 05 / 27 / 08 1 , 000 . 00 DUES INVOICE TOTAL : 1 , 000 . 00 VENDOR TOTAL : 3 , 500 . 00 KCHHS KENDALL COUNTY HEALTH 051208 05/ 12 / 08 01 SEWER OP-MANDATORY SHOTS 52 - 000 - 75 - 00 - 7004 05 /27 / 08 70 . 00 SAFETY EQUIPMENT INVOICE TOTAL : 70 . 00 VENDOR TOTAL : 70 . 00 LAWSON LAWSON PRODUCTS 6825637 05 / 08 / 08 01 STREETS -WASHERS 01 -410 - 65 - 00 - 5804 05/27 / 08 74 . 98 OPERATING SUPPLIES INVOICE TOTAL : 74 . 96 VENDOR TOTAL : 74 . 98 MANASSOC THE MANAGEMENT ASSOCIATION 37197 05 / 01/ 08 01 ADMIN-ANNUAL MEMBERSHIP 01 - 110 - 61 - 00 - 5300 05 /27 / 08 990 . 00 LEGAL SERVICES INVOICE TOTAL : 990 . 00 VENDOR TOTAL : 990 . 00 MENLAND MENARDS - YORKVILLE 28744 05 /20 / 08 01 ENG -VOLTAGE TESTER , BATTERIES 01 - 150 - 65 - 00 - 5801 05 /27 / 08 18 . 95 ENGINEERING SUPPLIES INVOICE TOTAL : 18 . 95 P30 DATE : 05 / 22 / 08 UNITED CITY OF YORKVILLE PAGE : 8 TIME : 11 : 51 : 33 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 27 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT MENLAND MENARDS - YORKVILLE 28790 05 / 01/ 08 01 STREETS -DIE CUT LETTERS , 01 - 410 - 65 - 00 - 5804 05 / 27 / 08 94 . 18 OPERATING SUPPLIES 02 CONDUIT , * * COMMENT * * INVOICE TOTAL : 94 . 18 28967 05 / 02 / 08 01 STREETS - ELECTRICAL TAPE , FLEX 01 - 410 - 62 - 00 - 5415 05 / 27 / 08 14 . 35 MAINTENANCE - STREET LIGHTS 02 SCREWS , HOLE STRAP , CONNECTOR * * COMMENT * * INVOICE TOTAL : 14 . 35 29946 05 / 06 / 08 01 WATER OP - ELBOW FLARES , NUTS , 51 - 000 - 65 - 00 - 5804 05 /27 / 08 11 . 74 OPERATING SUPPLIES 02 SCREWDRIVER , WHEELS , KNIFE * * COMMENT * * 03 BLADES * * COMMENT * * INVOICE TOTAL : 11 . 74 30164 05 / 07 / 08 01 COMM RELATIONS - SEEDS 01 - 130 - 78 - 00 - 9010 05 /27 / 08 77 . 22 COMMUNITY EVENTS INVOICE TOTAL : 77 . 22 30183 05 / 07 / 08 01 WATER OP -BUSHING , SOCKETS 51 - 000 - 65 - 00 - 5804 05/27 / 08 2 . 78 OPERATING SUPPLIES INVOICE TOTAL : 2 . 78 30337 05 / 06 / 08 01 ENG- RAIN GUAGE 01 - 150 - 65 - 00 - 5801 05 /27 / 08 1 . 94 ENGINEERING SUPPLIES INVOICE TOTAL : 1 . 94 30346 05 / 08 / 08 01 WATER OP -TAPE , DRIVE BIT , 51 - 000 - 65 - 00 - 5804 05/27 / 08 17 . 36 OPERATING SUPPLIES 02 PLIER SET , DRILL BIT SET * * COMMENT * * INVOICE TOTAL : 17 . 36 30527 05/ 09 / 08 01 STREETS - SILCONE RUBBER 01 - 410 - 62 - 00 - 5414 05/27 / 08 9 . 87 MAINTENANCE -TRAFFIC SIGNAL INVOICE TOTAL : 9 . 87 P31 DATE : 05 / 22 / 08 UNITED CITY OF YORKVILLE PAGE : 9 TIME : 11 : 51 : 33 DETAIL BOARD REPORT ID : AP441000 . W0W INVOICES DUE ON/BEFORE 05 / 27 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT MENLAND MENARDS - YORKVILLE 30591 05/ 09 / 08 01 WATER OP -NIPPLES , TEFLON TAPE , 51 - 000 - 65 - 00 - 5804 05 /27 / 08 33 . 51 OPERATING SUPPLIES 02 GATE VALVE * * COMMENT * * INVOICE TOTAL : 33 . 51 VENDOR TOTAL : 281 . 90 METROWES METRO WEST COG 041508 04 / 15 / 08 01 ADMIN-ANNUAL RENEWAL DUES 01 - 110 - 64 - 00 - 5600 05 /27 / 08 3 , 921 . 00 DUES INVOICE TOTAL : 3 , 921 . 00 VENDOR TOTAL : 3 , 921 . 00 MJELECT MJ ELECTRICAL SUPPLY , INC . 1098280 - 01 05 / 06 / 08 01 STREETS -BALLAST 01 - 410 - 62 - 00 - 5415 00204053 05 /27 / 08 158 . 00 MAINTENANCE - STREET LIGHTS INVOICE TOTAL : 158 . 00 VENDOR TOTAL : 158 . 00 OFFWORK OFFICE WORKS 136775 05 / 09 / 08 01 ENG -TONER 01 - 150 - 65 - 00 - 5802 05 /27 / 08 122 . 99 OFFICE SUPPLIES INVOICE TOTAL : 122 . 99 136887 05 / 12 / 08 01 ADMIN-MICRO CASSETTES 01 - 110 - 65 - 00 - 5802 05 /27 / 08 75 . 90 OFFICE SUPPLIES INVOICE TOTAL : 75 . 90 VENDOR TOTAL : 198 . 89 PATTEN PATTEN INDUSTRIES , INC . PMG00144864 05 / 05 / 08 01 SEWER OP - OIL SAMPLE 52 - 000 - 62 - 00 - 5422 05 /27 / 08 20 . 00 LIFT STATION MAINTENANCE INVOICE TOTAL : 20 . 00 VENDOR TOTAL : 20 . 00 P32 DATE : 05 /22 / 08 UNITED CITY OF YORKVILLE PAGE : 10 TIME : 11 : 51 : 33 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05/27 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT PITNEYBO PITNEY BOWES INC 850679 05 / 04 / 08 01 FINANCE - FOLDING MACHINE REPAIR 01 - 120 - 62 - 00 - 5410 05/27 / 08 433 . 01 MAINTENANCE - OFFICE EQUIPM INVOICE TOTAL : 433 . 01 985175 06 / 01/ 08 01 FINANCE - FOLDING MACHINE YEARLY 01 - 120 - 62 - 00 - 5410 05 /27 / 08 1 , 236 . 00 MAINTENANCE - OFFICE EQUIPM 02 SERVICE AGREEMENT * * COMMENT * * INVOICE TOTAL : 1 , 236 . 00 VENDOR TOTAL : 1 , 669 . 01 QUILL QUILL CORPORATION 7004096 05 / 01 / 08 01 COMM/DEV- PRINTER CARTRIDGE , 01 - 220 - 65 - 00 - 5804 00102149 05/ 27 / 08 303 . 60 OPERATING SUPPLIES 02 POST- ITS , REPORT COVERS , COPY * * COMMENT * * 03 PAPER , CDS , TONER * * COMMENT * * INVOICE TOTAL : 303 . 60 7017699 05/ 01/ 08 01 COMM/DEV- FAX TONER 01 - 220 - 65 - 00 - 5804 05/27 / 08 77 . 39 OPERATING SUPPLIES INVOICE TOTAL : 77 . 39 7137987 05 / 07/ 08 01 ADMIN-BUBBLE MAILERS , FILE 01 - 110 - 65 - 00 - 5802 05/27 / 08 129 . 64 OFFICE SUPPLIES 02 FOLDERS , TONER CARTRIDGE , * * COMMENT * * 03 RULED PADS * * COMMENT * * INVOICE TOTAL : 129 . 64 7242582 05 / 12 / 08 01 ADMIN-TONER CARTRIDGES , FILE 01 - 110 - 65 - 00 - 5802 00102157 05/27 / 08 234 . 94 OFFICE SUPPLIES 02 POCKETS * * COMMENT * * INVOICE TOTAL : 234 . 94 7308202 05 / 14 / 08 01 ADMIN - FOLDERS , LABELS 01 - 110 - 65 - 00 - 5802 05 /27 / 08 23 . 07 OFFICE SUPPLIES INVOICE TOTAL : 23 . 07 VENDOR TOTAL : 768 . 64 P33 DATE : 05 / 22 / 08 UNITED CITY OF YORKVILLE PAGE : 11 TIME : 11 : 51 : 34 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 /27 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT R0000432 BRIDGET DONELSON 050308 05 / 20/ 08 01 ADMIN-BEECHER DEPOSIT REFUND 01 - 000 - 21 - 00 - 2110 05 / 27 / 08 50 . 00 DEPOSITS PAYABLE INVOICE TOTAL : 50 . 00 VENDOR TOTAL : 50 . 00 R0000433 VIRGINIA ARROYO 050108 05 /20 / 08 01 CITY WIDE CAPITAL- SIDEWALK 23 - 000 - 75 - 00 - 7103 05 /27 / 08 711 . 00 SIDEWALK REPLACEMENT 02 REPLACEMENT REIMBURSEMENT * * COMMENT * * INVOICE TOTAL : 711 . 00 VENDOR TOTAL : 711 . 00 SERVMASC - SERVICEMASTER COMM . CLEANING 137847 05/ 15 / 08 01 ADMIN - JUNE CITY OFFICE 01 - 110 - 62 - 00 - 5406 05 / 27 / 08 625 . 00 OFFICE CLEANING 02 CLEANING * * COMMENT * * INVOICE TOTAL : 625 . 00 VENDOR TOTAL : 625 . 00 SHREDIT SHRED- IT 021278456 05 / 06 / 08 01 ADMIN- MONTHLY CHARGES 01 - 110 - 62 - 00 - 5401 05 /27 / 08 167 . 40 CONTRACTUAL SERVICES INVOICE TOTAL : 167 . 40 VENDOR TOTAL : 167 . 40 SOSTECH SOS TECHNOLOGIES 22773 05 / 07 / 08 01 POLICE - BATTERY & DEFIB PAD 01 - 210 - 62 - 00 - 5408 00304350 05/ 27 / 08 320 . 15 MAINTENANCE - EQUIPMENT INVOICE TOTAL : 320 . 15 VENDOR TOTAL : 320 . 15 P34 DATE : 05 / 22 / 08 UNITED CITY OF YORKVILLE PAGE : 12 TIME : 11 : 51 : 34 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 /27 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT SPIESG GLORY SPIES 050408 05 / 04 / 08 01 COMM/REL -BOW , FLOWERS , 01 - 130 - 78 - 00 - 9010 05 /27 / 08 71 . 11 COMMUNITY EVENTS 02 CANDY , GIFT WRAP , COOKIES * * COMMENT * * INVOICE TOTAL : 71 . 11 VENDOR TOTAL : 71 . 11 TAPCO TAPCO 294441 05/ 05/ 08 01 MFT - SIGNS & POSTS 15 - 000 - 75 - 00 - 7007 00204054 05 /27 / 06 1 , 874 . 40 SIGNS INVOICE TOTAL : 1 , 874 . 40 294442 05/ 06 / 08 01 MFT - POSTS 15 - 000 - 75 - 00 - 7007 05 /27 / 08 122 . 10 SIGNS INVOICE TOTAL : 122 . 10 294729 05 / 07 / 08 01 MFT -13OLTS 15 - 000 - 75 - 00 - 7007 05 / 27 / 08 82 . 79 SIGNS INVOICE TOTAL : 82 . 79 VENDOR TOTAL : 2 , 079 . 29 THYSSEN THYSSENKRUPP ELEVATOR CORP 525964C 04 / 01 / 08 01 MUNICIPAL BLDG- QUARTERLY 16 - 000 - 75 - 00 - 7204 05 /27 / 08 331 . 98 BLDG MAINT - CITY HALL 02 MAINTENANCE * * COMMENT * * INVOICE TOTAL : 331 . 98 VENDOR TOTAL : 331 . 96 TINSTAR TIN STAR ELECTRONIC SERVICE 5454 05/ 08 / 08 01 POLICE -RADIO REPAIR 01 - 210 - 62 - 00 - 5409 05 /27 / 08 45 . 00 MAINTENANCE - VEHICLES INVOICE TOTAL : 45 . 00 P35 DATE : 05 / 22 / 08 UNITED CITY OF YORKVILLE PAGE : 13 TIME : 11 : 51 : 34 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 27 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TINSTAR TIN STAR ELECTRONIC SERVICE 5456 05 / 08 / 08 01 POLICE- PROGRAMMED RADIO 01 - 210 - 62 - 00 - 5409 05 / 27 / 08 49 . 50 MAINTENANCE - VEHICLES INVOICE TOTAL : 49 . 50 VENDOR TOTAL : 94 . 50 TOFFY TUFFY AUTO SERVICE CENTER 4672 05 / 02 / 08 01 POLICE- OIL CHANGE 01 - 210 - 62 - 00 - 5409 05 / 27 / 08 29 . 95 MAINTENANCE - VEHICLES INVOICE TOTAL : 29 . 95 VENDOR TOTAL : 29 . 95 UNIQUEPR UNIQUE PRODUCTS & SERVICE 175600 05/ 01/ 08 01 SEWER OP- PAPER TOWELS , TISSUE 52 - 000 - 65 - 00 - 5805 05 /27 / 08 119 . 18 SHOP SUPPLIES INVOICE TOTAL : 119 . 18 VENDOR TOTAL : 119 . 18 UPS UNITED PARCEL SERVICE 00004296X2188 05 / 03 / 08 01 ADMIN- 3 PACKAGES 01 - 110 - 65 - 00 - 5800 05 /27 / 08 69 . 60 CONTINGENCIES INVOICE TOTAL : 69 . 60 00004296X2198 05 / 10 / 08 01 WATER OP - 3 PACKAGES 51 - 000 - 65 - 00 - 5808 05 /27/ 08 71 . 20 POSTAGE & SHIPPING 02 ADMIN- 4 PACKAGES 01 - 110 - 65 - 00 - 5808 99 . 89 POSTAGE & SHIPPING INVOICE TOTAL : 171 . 09 VENDOR TOTAL : 240 . 69 WHOLTIRE WHOLESALE TIRE 124024 05 / 01/ 08 01 POLICE - TIRE REPAIR 01 - 210 - 62 - 00 - 5409 05 /27 / 08 15 . 00 MAINTENANCE - VEHICLES INVOICE TOTAL : 15 . 00 P36 DATE : 05 / 22 / 08 UNITED CITY OF YORKVILLE PAGE : 14 TIME : 11 : 51 : 35 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 27 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT WHOLTIRE WHOLESALE TIRE 124055 05 / 05 / 08 01 POLICE -TIRES , TIRE ROD , BRAKE 01 - 210 - 62 - 00 - 5409 00304344 05 / 27 / 08 1 , 092 . 01 MAINTENANCE - VEHICLES 02 PADS * * COMMENT * * INVOICE TOTAL : 1 , 092 . 01 124080 05 / 06 / 08 01 POLICE- FUEL PUMP 01 - 210 - 62 - 00 - 5409 00304345 05 /27 / 08 541 . 73 MAINTENANCE - VEHICLES INVOICE TOTAL : 541 . 73 124163 05 / 13 / 08 01 POLICE -TIRE REPAIR 01 - 210 - 62 - 00 - 5409 05 / 27 / 08 15 . 00 MAINTENANCE - VEHICLES INVOICE TOTAL : 15 . 00 124183 05 / 14 / 08 01 POLICE -NEW STARTER 01 - 210 - 62 - 00 - 5409 00304352 05/27 / 08 191 . 75 MAINTENANCE - VEHICLES INVOICE TOTAL : 191 . 75 VENDOR TOTAL : 1 , 855 . 49 WTRPRD WATER PRODUCTS , INC . 0207974 05 / 09 / 08 01 WATER OP - 200 ITRON END POINTS 51 - 000 - 75 - 00 - 7508 00203954 05 / 27 / 08 3 , 480 . 00 METERS & PARTS INVOICE TOTAL : 3 , 480 . 00 VENDOR TOTAL : 3 , 460 . 00 YORKACE YORKVILLE ACE & RADIO SHACK 118424 05/ 07 / 08 01 STREETS - COUPLER , TWIST ONS 01 - 410 - 65 - 00 - 5804 05 /27 / 08 15 . 98 OPERATING SUPPLIES INVOICE TOTAL : 15 . 98 118518 05/ 12 / 08 01 WATER OP -WATER 51 - 000 - 65 - 00 - 5804 05 / 27/ 08 4 . 98 OPERATING SUPPLIES INVOICE TOTAL : 4 . 98 VENDOR TOTAL : 20 . 96 P37 DATE : 05 / 22 / 08 UNITED CITY OF YORKVILLE PAGE : 15 TIME : 11 : 51 : 35 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 /27 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT YORKCLER YORKVILLE CLERK ' S ACCOUNT 117404 05 / 09 / 08 01 WATER OP-WATER LIENS 51 - 000 - 42 - 00 - 4240 05 /27 / 08 120 . 00 BULK WATER SALES INVOICE TOTAL : 120 . 00 117614 05 / 13 / 08 01 ARO - YORKVILLE PARTNERS 01 - 000 - 13 - 00 - 1372 05 / 27 / 08 40 . 00 A/R- OTHER 02 ARO - HAMMAN 01 - 000 - 13 - 00 - 1372 99 . 00 A/R- OTHER 03 COMM/DEV- POBOL PROPERTY 01 - 220 - 61 - 00 - 5300 40 . 00 LEGAL SERVICES INVOICE TOTAL : 179 . 00 VENDOR TOTAL : 299 . 00 YORKECON YORKVILLE ECONOMIC DEV 4067 05 / 07 / 08 01 ADMIN-YEDC CUBS OUTING 01 - 110 - 64 - 00 - 5605 00102153 05 / 27 / 08 400 . 00 TRAVEL/MEALS /LODGING INVOICE TOTAL : 400 . 00 VENDOR TOTAL : 400 . 00 YORKGFPC YORKVILLE GENERAL FUND 051408 05 / 14 / 08 01 ADMIN-LIQUOR BACKGROUND CHECKS 01 - 000 - 41 - 00 - 4100 05 /27 / 08 117 . 75 LIQUOR LICENSE 02 ENG- COPIES 01 - 150 - 65 - 00 - 5809 20 . 50 PRINTING & COPYING 03 ADMIN- COFFEE 01 - 110 - 65 - 00 - 5804 11 . 98 OPERATING SUPPLIES INVOICE TOTAL : 150 . 23 VENDOR TOTAL : 150 . 23 YORKPDPC YORKVILLE POLICE DEPT . 051408 05/ 14 / 08 01 ADMIN-LIQUOR BACKGROUND CHECK 01 - 000 - 41 - 00 - 4100 05 /27 / 08 216 . 25 LIQUOR LICENSE P38 DATE : 05 /22 / 08 UNITED CITY OF YORKVILLE PAGE : 16 TIME : 11 : 51 : 35 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 27 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT YORKPDPC YORKVILLE POLICE DEPT . 051408 05 / 14 / 08 02 POLICE - SOLICITOR BACKGROUND 01 - 210 - 65 - 00 - 5804 05 / 27 / 08 20 . 00 OPERATING SUPPLIES 03 POLICE - POSTAGE 01 - 210 - 65 - 00 - 5808 9 . 40 POSTAGE & SHIPPING INVOICE TOTAL : 245 . 65 VENDOR TOTAL : 245 . 65 YORKPOST YORKVILLE POSTMASTER 051308 05 / 13 / 08 01 COMM RELATIONS - CITY NEWSLETTER 01 - 130 - 65 - 00 - 5808 05 / 27 / 08 1 , 400 . 00 POSTAGE & SHIPPING 02 POSTAGE * * COMMENT * * INVOICE TOTAL : 1 , 400 . 00 051408 05 / 14 / 08 01 WATER OP - UB PENALTY BILL 51 - 000 - 65 - 00 - 5808 05 /27 / 08 300 . 00 POSTAGE & SHIPPING 02 POSTAGE * * COMMENT * * INVOICE TOTAL : 300 . 00 VENDOR TOTAL : 1 , 700 . 00 YOUNGM MARLYS J . YOUNG 051708 05 / 17/ 08 01 ADMIN - 05/ 01 / 08 EDC MINUTES 01 - 110 - 62 - 00 - 5401 05 / 27 / 08 85 . 00 CONTRACTUAL SERVICES INVOICE TOTAL : 85 . 00 VENDOR TOTAL : 85 . 00 TOTAL ALL INVOICES : 266 , 752 . 18 P39 UNITED CITY OF YORKVILLE PAYROLL SUMMARY PAY PERIOD ENDING 5/9/08 SOCIAL REGULAR SECURITY IMRF TOTALS MAYOR $300.00 $0.00 $0. 00 $300.00 CLERK $300.00 $0. 00 $0.00 $300.00 TREASURER $250.00 $0.00 $ 19.45 $269.45 ALDERMAN $ 1 ,050.00 $ 145. 37 $42 .79 $1 , 238. 16 "social security total for all elected officials TOTALS1 $1 , 900.001 $ 145. 371 $62.24 $2007.61 TOTAL PAYROLL 5/9/2008 $2 , 107. 61 TOTAL DISBURSEMENTS $2, 107. 61 P40 UNITED CITY OF YORKVILLE PAYROLL SUMMARY 5/10/2008 SOCIAL REGULAR OVERTIME TOTAL IMRF SECURITY TOTALS ADMINISTRATION $ 17,737. 59 $0.00 $ 17,737.59 $ 1 , 362.03 $ 1 , 348 .05 $20,447.67 FINANCE $ 13, 095 .58 $0. 00 $ 13, 095.58 $12000.44 $973.42 $153069.44 COMMUNITY REL. $3,054.41 $0. 00 $3,054 .41 $ 189 .71 $233 .66 $3 ,477.78 ENGINEERING $ 16,041 . 18 $0.00 $16 , 041 . 18 $ 1 ,248.01 $ 1 ,210.27 $ 18,499.46 POLICE $80,782 .08 $4,999.62 $85,781 .70 $625.25 $6 ,522.72 $92, 929.67 COMMUNITY DEV. $ 13,487.82 $0 . 00 $ 13,487. 82 $ 1 ,049.35 $ 1 ,026.07 $ 15, 563.24 STREETS $9,484.26 $0.00 $9 ,484.26 $737.88 $721 .87 $ 10,944.01 WATER $12,290.90 $528. 14 $ 12, 819.04 $997. 32 $973.35 $ 14,789 .71 SEWER $5,937.58 $319.31 $6,256. 89 $486.79 $472. 53 $7,216.21 PARKS $ 15 ,065. 38 $72. 11 $ 15, 137.49 $ 1 , 167. 12 $ 1 , 158.03 $ 17,462.64 RECREATION $223239 .44 $0.00 $22 ,239.44 $ 1 ,287.38 $ 1 ,700.44 $25,227.26 LIBRARY $ 15, 555. 85 $0.00 $ 15 , 555. 85 $488.70 $ 1 , 190.01 $ 17,234. 56 TOTALS $224,772 . 07 $57919. 18 $230,691 .25 $ 10 ,639.98 $ 17,530.421 $2589861 .65 TOTAL PAYROLL 5110/2008 $2587861 . 65 TOTAL DISBURSEMENTS $2585861 .65 P41 UNITED CITY OF YORKVILLE SUMMARY SHEET TOTAL PAYROLL 5/10/2008 $258 , 861 .65 TOTAL PAYROLL ELECTED OFFICIALS 519/2008 $2 , 107 . 61 TOTAL INVOICES FOR FISCAL YEAR 07/08 5/27/2008 $2587141 . 09 TOTAL INVOICES FOR FISCAL YEAR 08109 5/27/2008 $266, 752 . 18 TOTAL DISBURSEMENTS $7859862. 53 P42 `�f�f3 C/Ty Reviewed By: Agenda Item Number � 0 J Q c� Legal ❑ �aac Esr. °'" Finance ❑ Engineer El Tracking Number ® � y City Administrator ❑ Consultant ❑ �+ � $ — f LE ®Vt° Parks and Recreation F-1 Agenda Item Summary Memo Title: Appointment of Hearing Officers Meeting and Date: City Council — May 27, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Approval Submitted by: Kathleen Field Orr City Attorney Name Department Agenda Item Notes: ° C/TAT United City of Yorkville 800 Game Farm Road Fn 1656 Yorkville, Illinois, 60560 Telephone: 630-553-4350 ALE `�� To: City Council of the United City of Yorkville From: Kathleen Field Orr, City Attorney Date: May 21 , 2008 Subject: Administrative Adjudication On May 13, 2008, the Mayor and City Council passed the Ordinance establishing a system of Administrative Adjudication of violations of City ordinances. Pursuant to this Ordinance, the Mayor is authorized to appoint the Hearing Officers, with the advice and consent of the City Council. The statutory requirements for Hearing Officers are that they must be an attorney licensed to practice law in the State of Illinois for at least three (3) years and must complete a formal training program. The Mayor has recommended Mr. Carlo Colosimo and Mr. Gregg Ingemunson, both of the United City of Yorkville, and both have been licensed in the State for more than three years. Upon their approval by the City Council, a formal training program shall be scheduled. In the event any Alderperson wishes to ask these lawyers any questions, they may be contacted as follows: Carlo Colosimo Gregg Ingemunson Colosimo Law Office Law Offices of Dallas C. Ingemunson 664 W Veterans Parkway 226 S Bridge Street Suite D P.O. Box 578 Yorkville, IL 60560 Yorkville, IL 60560 630.553. 1110 (office) 630.553 .5622 630.408.0160 (cell) cc: Mayor Valerie Burd Brendan McLaughlin, City Administrator Chief Harold O. Martin, III Reviewed By: Agenda Item Number ® Legal ❑ � i i�j Cbuiy LtE>� 1 # rsr. Finance 836 ❑ Engineer ❑ Tracking Number 0 ` City Administrator ❑ Consultant ❑ < ®L Parks and Recreation F1�E Agenda Item Summary Memo Title: Resolution Supporting the Kendall County Special Olympics Meeting and Date: City Council — May 27, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Alderwoman Rose Spears Name Department Agenda Item Notes: This agenda item was added at the request of Alderwoman Spears. As it is now required by the Governing Ordinance that 3 aldermen must agree to add an item to the agenda, Alderman Besco and Alderman Golinski have concurred with Alderwoman Spears' request. STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) Resolution No. RESOLUTION SUPPORTING THE KENDALL COUNTY SPECIAL OLYMPICS WHEREAS, Kendall County Special Olympics provides sports training and competition in a variety of Olympic-type sports for children and adults with disabilities by giving them continuing opportunities to develop physical fitness, demonstrate courage, experience joy, and participate in sharing of gifts, skills and friendship with their families, as well as other Special Olympics athletes and our community; and WHEREAS, the Kendall County Special Olympics is in Area 2 of Special Olympics in the State of Illinois and has been serving athletes with special needs since 1970. The program is maintained through Kendall County Special Education Cooperative; and WHEREAS, the Kendall County Special Olympics currently has 60 registered athletes ranging in age from 8 to 60 years old. The athletes reside in Yorkville, Montgomery, Plano, Sandwich, Oswego, Newark and Lisbon. These athletes compete in five sports annually, cross county skiing, snowshoeing, swimming, track & field and bowling; and WHEREAS, the Kendall County Special Olympic athletes participate in the Polar Plunge, the Illinois Law Enforcement Torch Run, and the annual fundraiser Family and Friends; and WHEREAS, 100% of all uniforms, equipment, registration and competition costs (food and lodging) are covered through private donations and their fundraising activities; and WHEREAS, many of the athletes need constant assistance and/or encouragement; therefore, many volunteers are needed to run the program; and WHEREAS, the Kendall County Special Olympics ensures a better quality of life for the special needs athletes as well as their families. NOW THEREFORE BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, that the United City of Yorkville extends our appreciation to the Kendall County Special Olympics program for the opportunities it offers special needs athletes and hereby proclaims June 11 - 15, 2008 as KENDALL COUNTY SPECIAL OLYMPICS WEEK in support of the Kendall County Special Olympics athletes, their families and dedicated volunteers. ADOPTED by the City Council of the United City of Yorkville, Kendall County, Illinois on this the day of May, A.D., 2008. CITY CLERK ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOE PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of May, A.D. 2008. MAYOR =`��D 01)` Reviewed By: Agenda Item Number c O J c n Legal ❑ 0 i T 1 F('�CAt KL 2 EST. 1836 Finance F1 1 Engineer ❑ 09 �� y City Administrator ❑ Tracking Number Consultant ❑ C, � �� Parks and Recreation F] Agenda Item Summary Memo Title: Annual Police Pension Report Meeting and Date: City Council—May 27, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Bill Powell City Treasurer Name Department Agenda Item Notes: ®� o CIP United City of Yorkville 800 Game Farm Road EST _ 1836 Yorkville, Illinois 60560 4 �,� �, Phone: 630-553-4350 " `"„ �� Fax: 630-553 -7575 May 13, 2008 sCkE qvd° William Powell Treasurer To: Police Pension Board City Council United City of Yorkville Subject: Annual Police Pension Fund Activity for Fiscal Year May 1 , 2007 to April 30, 2008 (As required by Illinois State Statue 40 ILCS 5/3 - 141) Fiscal 2006-07 Fiscal 2007-2008 Fiscal 2008-09 Actual Estimated Actual 4/30 Estimate Balance as of May 1 : 1 ,5833046.69 N/A 2,156,872. 18 216125538.50 Contributions: Employees: 159,927.49 200,000.00 182,597.35 190,000.00 IMRF Transfers 463172.00 0.00 0.00 0.00 Tax Levy: 248,987.74 275,000.00 275, 144.21 300,000.00 Investment Income: 130 128.21 150 000.00 152 262.27 180 000.00 Total Contributions: 455,087.23 475,000.00 457,741 .56 490,000.00 Expenses Paid: Contribution Refunds 22,662.66 3688.57 Supplies: 0.00 100.00 13 .75 100.00 Legal Fees: 1 ,200.00 37600.00 3000.00 2400.00 Accounting /Minutes 860.00 13200.00 1692.50 1800.00 Audit Fees: 0.00 2,000.00 3000.00 2200.00 IDOI Filing Fees: 0.00 1 ,200.00 1000.00 2000.00 Actuarial Fees: 0.00 15500.00 1300.00 1500.00 Investment Fees: 9104.00 10,000.00 11 ,352.00 15,000.00 Pension Seminars 0 0 0 1 ,000.00 IDOI Compliance Fees 225.95 250.00 316.60 400.00 Retirement Payments 0.00 140 000.00 110 000.00 112 128.00 Total Expenses 11 ,389.95 1599850.00 154,337.51 142,216.57 Fiscal Year End Balance: 2, 156,872. 18 2,6223022. 18 2,6125538.50 2,960,321 .93 Submitted by: William Powell: United City of Yorkville Treasurer L. Debord: President D. Pleckham: Secretary Approved: May 13 , 2008 Annual pension shut F07-08.doc \QED C/Ty Reviewed By: Agenda Item Number O� v , Legal ■ �_J C -A .��g , Finance ❑ ESL '�. �-,__ _ teas Engineer ■ 0 N City Administrator ■ Tracking Number Ir I O` Consultant ■ PC—2007-42 zz F1 Agenda Item Summary Memo Title: Jake Land Group, LLC—Windmill Farms(formerly The Shoppes South of the Fox) Annexation,Zoning and Concept PUD Request Meeting and Date: City Council/May 27, 2008 Synopsis: Request for Annexation/PUD Agreement, PUD Zoning and Concept PUD Plan. Council Action Previously Taken: Date of Action: 2/13/08 Action Taken: Plan Commission Public Hearing 3/25/08 City Council Public Hearing Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: Please refer to attached staff report. Agreement is in final form. C1p1, ,2 o� Memorandum G To: EDC/City Council EST. , (ice �sss From:Travis Miller/Stephanie Boettcher y CC: Lisa Pickering(for distribution) Date: May 21,2008 `.r Subject: PC2007-42 The Shoppes South of the Fox(Annexation&Concept PUD) <LE Backeround The Plan Commission reviewed the annexation,PUD zoning classification and the Concept PUD Plan February 13, 2008 and made the following actions: - Motion to recommend annexation. 6 ayes; 0 no - Motion to recommend PUD zoning classification for all land uses proposed by the Concept Plan including a daycare and a gasoline service station. 6 ayes; 0 no - Motion to recommend approval of the proposed Concept PUD Plans with a preference for Plan 1 subject to staff comments. 6 ayes; 0 no Comprehensive Plan recommendations for the property: The 2005 Comprehensive Plan Update, Southern Study Area,proposes five land uses for the subject property, • Commercial use south of Route 126 and the western half of the PUD north of Route 126 (west of existing Wing Road) • Transitional Neighborhood use east of Wing Road • Neighborhood Retail use surrounding the intersection of Route 71 and the proposed Penman Road extension • Suburban Neighborhood use east of the intersection of Route 71 and the proposed Penman Road extension in the eastern portion of the PUD fronting Route 71. • Park/Open Space use in the southwest portion of the PUD area. Two land uses comprise the majority of the subject property, Commercial and Transitional Neighborhood. The Comprehensive Plan,for Commercial, states: "Commercial Land Use...intends to promote market-sensitive development of commercial uses within strategically located areas to efficiently, effectively, and conveniently serve the growing local population while reinforcing the importance of the United City of Yorkville as a regional center. " The Comprehensive Plan, for Transitional Neighborhood, states: "The Transitional Neighborhood establishes a medium-density setting that includes a mix of residential uses within master planned communities. These master planned communities can have neighborhoods ofvarying densities, open spaces and carefully integrated commercial uses ... Transitional Neighborhood can be designed to provide intermediary space between lower density residential areas and non-residential areas allowing greater flexibility of development adjacent to areas subject to development pressures. Gross residential density . . . should be between 2.25 and 3. 50 dwelling units per acre. " Staff Comments/Recommendations: Circulation/Access Issues: • When the concept plan was brought before staff and the Plan Commission in July/August of 2007, concerns were raised in regards to the full access point proposed on Route 126 south of the Route 71/Route 126 intersection. This spacing was not consistent with the IDOT spacing standards and it was suggested by staff to modify the plan to comply with IDOT standards. The current Conceptual PUD Plans propose two full access points along Route 126 south of Route 71 . The spacing has been increased from 500 feet to approximately 740 feet, which remains to be deficient from IDOT standards, however, staff recommends supporting the spacing request to IDOT based on the current land plan. • Future access points to, and through the three `not included' areas depicted on the plans to ensure these properties will be able to develop in conformance with the layout of the proposed Windmill Farms development plan have been provided in Section 21. Comprehensive Plan Guidelines: • Design Guidelines from the 2005 Comprehensive Plan Update, Southern Study Area are being required of this PUD (section 2.D) • The Comprehensive Plan identifies Route 71 and Route 126 as "gateway corridors." Increased landscape buffer along the right-of-way and underground utilities (section 2.0 and section 2.E) are included in the agreement to address this. Zoning • Special Uses: o The Concept Plan includes a Gas Station and Daycare use which are defined as special uses by the Zoning Ordinance. The PUD zoning allows for these uses to be permitted within the PUD, however, section 1 .A.i list these uses specifically. Density - The Concept PUD includes: o 16 Age Restricted Townhome units on 1 .75 acres (9. 14/acre — net density). These units are adjacent to a 5.06 acre pond/open space area — calculating the gross density including this adjacent openspace yields 2.34/units acre. Due to the age-restricted nature of these units and the surrounding openspace, staff supports the density requested. STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. 2008- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT (Windmill Farms) WHEREAS, it is prudent and in the best interest of the United City of Yorkville, Kendall County, Illinois, to enter into a certain Annexation and Planned Unit Development Agreement pertaining to the annexation of real estate described on Exhibit A attached thereto and made a part hereof; and, WHEREAS, said Annexation and Planned Unit Development Agreement has been reviewed, discussed and considered by the City Council; and, WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and, WHEREAS, the statutory procedures as set forth in 65 ILCS 5/11 - 15. 1 - 1 , pertaining to the approval and execution of annexation and planned unit development agreement have been fully satisfied; and, WHEREAS, the property is contiguous to the existing boundaries of the City. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville that the City Code of the City of Yorkville be amended as follows: Section 1 . The Mayor and City Council hereby approve the Annexation and Planned Unit Development Agreement a copy of which is attached to this Ordinance (the "Annexation and Planned Unit Development Agreement"), pertaining to the real estate legally described on Exhibit also attached hereto. Section 2. The Mayor and City Clerk are herewith authorized and directed to execute, on behalf of the City, said Annexation and Planned Unit Development Agreement and the Clerk is further directed to file said Annexation and Planned Unit Development Agreement with the Kendall County Recorder's Office. Section 3. This Ordinance shall be in full force and effect immediately from and after its passage and approval according to law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008. City Clerk ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS 2 APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008 . Mayor 3 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) ORDINANCE NO. 2008- ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE (Windmill Farms) WHEREAS, a written petition, signed by the legal owner of record of all land within the territory described in Exhibit "A" has been filed with the City Clerk of the United City of Yorkville, Kendall County, Illinois, requesting that said territory be annexed to the United City of Yorkville; and, WHEREAS, at least 51 % of the electors residing within the said territory have signed said petition; and, WHEREAS, the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville; and, WHEREAS, legal notices regarding the intention of the City to annex said territory have been sent to all public bodies required to receive such notice by state statute; and, WHEREAS, copies of such notices required to be recorded, if any, have been recorded in the Office of the Recorder Kendall County, Illinois; and, WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Sections 7-1 - 1 and 7- 1 -8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto. 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 findings of fact and conclusions contained in the aforesaid preamble recitals of this Ordinance are hereby determined and accepted. Section 2: That the following described territory, (Legal description on Exhibit "A ") consisting of approximately 91 .36 acres, located 8614 Route 71 , Kendall County Illinois, identified by PINs as itemized on Exhibit B and being indicated on an accurate map which is appended to and made a part of this Ordinance as Exhibit 'B", is hereby annexed to the United City of Yorkville, Kendall County, Illinois. Section 3: That the City Clerk is hereby directed to record with the Recorder and to file with the Kendall County Clerk a certified copy of this Ordinance, together with the accurate map of the territory annexed appended to the Ordinance. Section 4: That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008. ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2008. Mayor Attest: City Clerk STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. 2008- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (WindmW Farms) WHEREAS, JAKE Land Group, LLC (the "Owner") is the legal owner of record of property described on Exhibit A attached hereto and incorporated herein (the "Property"); and, WHEREAS, the Owner of the Property has made application by petition for the rezoning of the Property pursuant to an Annexation of the Property; and, WHEREAS, Owner has previously entered into an agreement for annexation and zoning of the property; and, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville that the City Code of the City of Yorkville be amended as follows: Section 1 . The City Council hereby concurs with the recommendation of the Plan Commission and hereby rezones the property as a Planned Unit Development as described on attached Exhibit B; and incorporated herein. Section 2. The Property shall be developed according to the terms of an Annexation Agreement approved this date by the Mayor and City Council. Section 3: This Ordinance shall be in full force and effect immediately from and after its passage and approval according to law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008. City Clerk ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008. Mayor 2 March 14, 2008 Revised April 24, 2008 Revised April 28, 2008 Revised May 21 , 2008 STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT TO THE UNITED CITY OF YORKVILLE WINDMILL FARMS (Southwest and Southeast corner of the intersection of Illinois State Routes 126 and 71) (JAKE LAND GROUP) THIS AGREEMENT is made and entered into this day of , 2008 by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal corporation, located in Kendall County, Illinois (hereinafter referred to as "CITY"), and the JAKE LAND GROUP, LLC, of the County of Kendall, State of Illinois (hereinafter referred to as "OWNER/DEVELOPER'), which is the OWNER/DEVELOPER of the real property hereinafter referred to as the "PROPERTY": WITNESSETH WHEREAS, OWNER/DEVELOPER is the owner of real property which is the subject matter of this Agreement comprising approximately 91 .36 acres, more or less, and is more particularly described in the attached Exhibit "A", which is incorporated herein by reference; and WHEREAS, a portion of the PROPERTY consisting of 78. 145 acres and described by Exhibit "A-1" is located contiguous to the corporate boundaries of the CITY and is not located within the corporate boundaries of any other municipality; and WHEREAS, a portion of the PROPERTY consisting of 15.323 acres and described by Exhibit "A-2" has previously been annexed to the CITY and zoned B-3 Service Business District; and 1 WHEREAS, OWNER/DEVELOPER desires to annex into the CITY the PROPERTY described in the attached Exhibit "A-1 " and depicted in the Annexation Plat which is attached hereto and incorporated herein as Exhibit "B" The CITY Plan Commission has considered the Petition to Annex and Zone and positively recommended the same and the City Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of OWNER/DEVELOPER; and WHEREAS, with certain limitations, the CITY agrees to allow the real property described in the attached Exhibit "A" to be zoned for Planned Unit Development (PUD) allowing uses permitted within the B-3 Service Business District on a maximum of thirty-five (35) acres located on the East Parcel as depicted on the Concept PUD Plan prepared by Schoppe Design Associates, Inc. and dated revision 17, May 8, 2008; and, the CITY agrees to allow uses permitted within the B-3 Service Business District for the real property described in Exhibit "C" on a maximum of twenty-one (2 1 ) acres located on the West Parcel; and the CITY agrees to allow uses permitted within the R-4 General Residence District for the real property described in the attached Exhibit "D" on a maximum of two (2) acres of the real property allowing an age- restricted age fifty-five and over single story townhomes; and the area located south of the B-3 and immediately east of the aforementioned age restricted area allowing a multi-story assisted living facility consisting of approximately three and one-half (3 %2) acres with a minimum of ninety-nine (99) assisted living units allowed on the West Parcel as depicted on the Schoppe Design Associates, Inc. Concept PUD Plan (Exhibit "E"), and WHEREAS, the City's Comprehensive Plan, Design Guidelines identifies Illinois State Route 71 and Illinois State Route 126 as `Gateway Corridors'; and WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be annexed to the CITY in an orderly manner; and WHEREAS, OWNER/DEVELOPER and its representatives have discussed the proposed annexation and have held a Public Hearing with the Plan Commission, and The City Council, prior to the execution hereof, duly published and held a public hearing was held to consider this Agreement in front of the City Council, as required by the statutes of the State of Illinois in such case made; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11 -15. 1 - 1 through 5111 - 15. 1 -5 (2006), inclusive, relating to Annexation Agreements, the parties hereto wish to enter into a binding agreement with respect to the annexation and zoning of the subject Property and to provide for various other matters related directly or indirectly to the annexation of the Property in the future, as authorized by, the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have taken all further action required by the provisions of 65 ILCS 5/11 - 15. 1 .3 (2006) and the ordinances of the CITY relating to the 2 procedure for the authorization, approval and execution of this Annexation/Planned Unit Development Agreement by the CITY. NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5/11- 15. 1 - 1 through 65ILCS 5111 - 15. 1-5 (2006), as follows: 1 . ANNEXATION AND ZONING. A. The CITY shall adopt an ordinance annexing to the City all of the real property described herein in the attached Exhibit "A-1 '; furthermore, the City shall adopt an ordinance zoning the real property designated in the attached Exhibit "A" to PUD subject to all of the terms of this Agreement and as follows: i. The real property described in Exhibit "C" is allowed uses permitted within the B-3 Service Business Zoning District subject to the alterations described by Exhibit "C-1". Said alterations include the removal of several uses as well as the allowance for one (1) bank, one (1) daycare and one (1) gasoline filling station/gas station as depicted on the Concept PUD Plan (Exhibit "E"). ii. The real property described in Exhibit "D" is allowed uses permitted within the R-4 General Residence Zoning District. 2. SITE DEVELOPMENT A. OWNER/DEVELOPER shall develop the subject property including the preservation of open space, protection of the existing evergreen tree line on the west boundary of the West Parcel, and installation of a trail system, stormwater management facilities and roadway access points in general conformity with the Planned Unit Development Concept Plan dated May 8, 2008, prepared by Schoppe Design Associates, Inc. and which is attached hereto and incorporated by reference as Exhibit "E". B. OWNER/DEVELOPER shall be responsible for providing landscaping, in conformance with CITY standards along all perimeter boundaries of the subject property. C. OWNER/DEVELOPER shall establish the landscape buffer along Illinois State Route 71 and Illinois State Route 126 outside of the proposed Right-of-Way expansion line of the Illinois Department of Transportation. Said buffer shall be a minimum of 25 feet in width. D. OWNER/DEVELOPER shall incorporate and apply all ` Site Planning Principles' as defined by the CITY's "Comprehensive Land Use Plan Update Southern Study Area" Design Guidelines a copy of which sections are attached in Exhibit "F" hereto and made —3— a part hereof. E. OWNER/DEVELOPER shall relocate the existing overhead utility lines along the Illinois State Route 71 and Illinois State Route 126 frontage of the Subject Real Property prior to issuance of any building permit for the property. Said relocation shall include obtaining any and all necessary permits and approvals for the utility relocation and OWNER/DEVELOPER shall be responsible for all costs associated with said relocation. F. OWNER/DEVELOPER agrees to provide a cross-access easement allowing all adjacent properties to access to and across the commercial portions of subject PROPERTY as described by Exhibit "C" at the time of Final Plat of Subdivision. G. OWNER/DEVELOPER agrees to construct and fund the trail depicted on the Concept PUD Plan (Exhibit "E") at time of Final Plat of Subdivision. H. OWNER/DEVELOPER agrees that in all respects, the subject PROPERTY shall be developed in conformance with the terms and conditions of the Yorkville Zoning Ordinance, Subdivision Control Ordinance, Stormwater, and all other applicable Ordinances. I. OWNER/DEVELOPER, and successors, heirs, and assigns hereby agree that prior to development taking place on the PROPERTY, a site development plan shall be submitted along with approval of Preliminary Plat of Subdivision and Preliminary Engineering as well as Final Plats of Subdivision and Final Engineering prior to OWNER/DEVELOPER commencing construction on said PROPERTY. J. The OWNER shall construct off-site right-of-way improvements within the Raintree Village subdivision to provide connection to infrastructure on Hampton Lane. The location of the said infrastructure shall be consistent with the location and typical pavement section depicted on Exhibit "G° of this Agreement. K. OWNER agrees within 45 days of a written request from the CITY, which includes legal descriptions and exhibits as necessary, the OWNER/DEVELOPER shall grant permanent and temporary construction easements as necessary for the construction of extension of City utilities and appurtenances and/or other utilities to serve the subject property and other properties within the City of Yorkville. L. Owner agrees within 45 days of a written request from the United City of Yorkville, which includes legal descriptions and exhibits as necessary, the OWNER/ DEVELOPER shall convey by Warranty Deed, fee simple title of future highway or road right of way to the State of Illinois, Kendall County or the United City of Yorkville as necessary, regardless of whether or not these right of way needs have been previously identified in this agreement. Such request for conveyance of right of way shall have no impact on any previously entitled land development density. —4— 3 . CITY'S AGREEMENTS. A. (i) The CITY agrees that as to any of the non-residential use and zoning classification parcels, OWNEWDEVELOPER has no obligation to pay School Transition Fees or School-Park Land-Cash Fees. (ii) The OWNER/DEVELOPER shall pay Land-Cash Fees for schools and parks at the time of Building Permit Application. For each dwelling unit all fees listed on attached Exhibit "H" shall be charged and paid likewise at the time of application for each respective building permit. The amounts listed in Exhibit "H" will remain for a period of 5 years commencing on the date of this Agreement. Following said five (5) year period, the OWNER/DEVELOPER shall be responsible to pay said fees at a rate currently required by the CITY. B. OWNER/DEVELOPER shall be required by THE UNITED CITY OF YORKVILLE to hook-on to the City Water at the time of improving the subject property, and shall be responsible for the cost of main extensions to the PROPERTY if said mains do not touch the PROPERTY. C. Upon annexation to the CITY, the OWNER/DEVELOPER will receive police protection, 911 service, , and all services as provided by CITY to its property owners and residents. D. The CITY will require the OWNER/DEVELOPER to annex to Yorkville Bristol Sanitary District prior to the time of applying for a building permit seeking to hook up to the Sanitary District and the CITY Sanitary Sewer System. The OWNER/DEVELOPER shall be responsible for the cost of utility extensions to the PROPERTY if said utilities do not touch the PROPERTY. E. CITY will use its best efforts to support issuance of a highway access permit by IDOT to the CITY and OWNER/DEVELOPER permitting access cuts onto Illinois State Routes 126 and 71 at the approximate locations shown on the Preliminary PUD Conceptual Plan as prepared by Shoppe Design Associates, Inc. and dated January 30, 2008. 4. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is specifically understood and agreed that OWNER/DEVELOPER and its successors and assigns shall have the right to sell transfer, mortgage and assign all or any part of the —5— subject property and the improvements thereon to other persons, trusts, partnerships, firms, or corporations, for investment, building, financing, developing and all such purposes, and that said persons, trusts, partnerships, firms, or corporations shall be entitled to the same rights and privileges and shall have the same obligations as OWNER/DEVELOPER under this Agreement and upon such transfer, the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by OWNER/DEVELOPER on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the CITY. 5. DORMANT SPECIAL SERVICE AREA and PROPERTY OWNER ASSOCIATION Owner/Developer agrees to incorporate covenants into the final subdivision plat that provide for the formulation of a Property Owners Association to be responsible to maintain all common facilities, including, but not limited to, private common areas, detention ponds, perimeter landscaping features and entrance signage within the Subject Realty. Owner/Developer agrees to the City enacting at the time of final plat approval, or anytime thereafter, a Dormant Special Service Area (DSSA) to act as a back up in the event that the Property Owners' Association fails to maintain the Common Facilities, including, but not limited to, private common areas, detention ponds, perimeter landscaping features and entrance signage within the Subject Realty. Owner/Developer agrees to execute any and all documentation necessary or proper to create the Dormant Special Service Area and pay any and all fees, including legal expenses, for the preparation and approval of said documentation. 6. TIME OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence of this Agreement and that all of the parties will make every reasonable effort, to expedite the subject matter hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 7. COVENANTS AND AGREEMENTS. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the CITY, its corporate authorities and their successors in office, and is enforceable by order of the court pursuant to its provisions and the applicable statutes of the State of Illinois. —6— 8. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and owners of record of land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal authorities of said city, so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the CITY. 9. NOTICE. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the CITY: City Clerk 800 Game Farm Road Yorkville, IL 60560 With a copy to: Kathleen Field Orr 800 Game Farm Road Yorkville, IL 60560 To OWNER/DEVELOPER: Jake Land Group, LLC c/o 25615 Plantation Road Plainfield, IL 60544 With a copy to: Tony Perino 608 Lookery Ln. Joliet, IL 60431 And with a copy to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 or to such other addresses as any party way from time to time designate in a written notice to the other parties. 10. ENFORCEABILITY. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. —7— In the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. 11 . ENACTMENT OF ORDINANCES. The CITY agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this _ day of , 2008. UNITED CITY OF YORKVILLE By: Valerie Burd, Mayor Attest: City Clerk —8— OWNER/DEVELOPER: JAKE LAND GROUP, LLC By: Attest: Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553 .9500 —9— EXHIBIT LIST Exhibit "A" Legal Description — Subject Property Exhibit "A- I " Unincorporated Portion of Subject Property — Legal Description Exhibit "A-2" City of Yorkville Portion of Subject Property — Legal Description Exhibit `B" Annexation Plat Exhibit "C" B-3 Service Business District — Legal Description Exhibit "C- 1 " B-3 Service Business District Allowable Uses Exhibit "D" R-4 General Residence District — Legal Description Exhibit "E" Concept PUD Plan - Schoppe Design Associates Plan dated May 8, 2008 Exhibit "F" Design Guidelines of the Comprehensive Land Use Plan Update Southern Study Area Exhibit "G" Offsite Infrastructure Improvements — Raintree Village/Hampton Lane Connection Exhibit "H" Fee Schedule —10— EXHIBIT A LEGAL DESCRIPTION THAT PART OF THE WEST HALF OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 3; THENCE SOUTH 00 L4'45" EAST, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3, L284.36 FEET; THENCE SOUTH 89 050'00" WEST, 684.42 FEET THENCE NORTH 09030'00" WEST, 592.27 FEET; THENCE SOUTH 57 033'55" WEST, 327.57 FEET TO THE EASTERLY LANE OF WING ROAD; THENCE NORTH 21 052'29" WEST, ALONG SAID EASTERLY LINE, 705.85 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 71 FOR THE POINT OF BEGINNING; THENCE SOUTH 21 052'29" EAST, ALONG SAID EASTERLY LINE, L19.0. FEET; THENCE NORTH 6800T3 1" EAST, PERPENDICULAR TO SAID EASTERLY LINE, 211.0 FEET; THENCE NORTH 21 052 '29" WEST, PARALLEL WITH SAID EASTERLY LINE, 131.87 FEET TO SAID SOUTHERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 71; THENCE SOUTHWESTERLY, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, BEING A CURVE TO THE RIGHT WITH A RADIUS OF 11509.16 FEET, AN ARC DISTANCE OF 211 .39 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS AND CONTAINING 0.6060 ACRE. THAT PART OF THE WEST HALF OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 3; THENCE SOUTH 00014 '45" EAST, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3, 1284.36 FEET, THENCE SOUTH 89050'00" WEST, 684.42 FEET; THENCE NORTH 09030'00" WEST, 592.27 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 57033 '55" WEST, 32757 FEET TO THE EASTERLY LINE OF WING ROAD; THENCE NORTH 21052'29" WEST, ALONG SAID EASTERLY LINE, 586.85 FEET TO A POINT ON SAID EASTERLY LINE WHICH IS 119.0 FEET (MEASURED ALONG SAID EASTERLY LANE) SOUTHEASTERLY OF THE SOUTHERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 71; THENCE NORTH 68°07'31" EAST, PERPENDICULAR TO SAID EASTERLY LINE, 211 .0 FEET; THENCE NORTH 21052'29" WEST, PARALLEL WITH SAID EASTERLY LINE, 131 .87 FEET TO SAID SOUTHERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 71; THENCE NORTHEASTERLY, ALONG SAID SOUTHERLY RIGHT-OF- WAY LINE, BEING A CURVE TO THE LEFT WITH A RADIUS OF 11509.16 FEET, AN ARC DISTANCE OF 261.03 FEET TO A LANE DRAWN NORTH 09030'00" WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 09030'00" EAST, ALONG SAID LINE, 695. 71 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS AND CONTAINING 5.6041 ACRES. THAT PART OF THE NORTH 1/2 OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 3; THENCE SOUTH 0 DEGREES, 07 MINUTES, 44 SECONDS WEST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4, 1284.36 FEET; THENCE NORTH 89 DEGREES, 47 MINUTES, 31 SECONDS WEST, 684.42 FEET; THENCE NORTH 09 DEGREES, 32 MINUTES, 39 SECONDS WEST, 590.03 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO ELSIE BOYD BY A DEED DATED MATCH 25, 1929 AND RECORDED DECEMBER 14, 1938 IN DEED RECORD BOOK 88 ON PAGE 399; THENCE NORTH 09 DEGREES, 05 MINUTES, 46 SECONDS WEST, 748.40 FEET TO THE CENTER LANE OF ILLINOIS STATE ROUTE TIC. 71; THENCE NORTHEASTERLY ALONG SAID CENTER LINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 11,459.20 FEET AND A RADIAL BEARING OF NORTH 26 DEGREES, 50 MINUTES, 30 SECONDS WEST AT THE LAST DESCRIBED POINT. 627.46; THENCE NORTH 60 DEGREES, 02 MINUTES, 30 SECONDS EAST ALONG SAID CENTER LINE, 332.0 FEET FOR A POINT OF BEGINNING; THENCE SOUTH 12 DEGREES, 27 MINUTES, 30 SECONDS EAST, 264.0 FEET: THENCE SOUTH 84 DEGREES, 27 MINUTES, 30 SECONDS EAST, 202.0 FEET: THENCE NORTH 0 DEGREES, 47MINUTES, 30 SECONDS WEST, 423.02 FEET TO SAID CENTER LINE: THENCE SOUTH 60 DEGREES,02 MINUTES, 30 SECONDS WEST ALONG CENTER LINE, 291.76 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. THAT PART OF THE NORTHEAST, NORTHWEST AND SOUTHWEST QUARTERS OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 00 DEGREES 10 MINUTES 48 SECONDS WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 1284.36 FEET; THENCE SOUTH 89 DEGREES 29 MINUTES 40 SECONDS WEST 680.30 FEET; THENCE NORTH 09 DEGREES 33 MINUTES 27 SECONDS WEST 10.0 FEET FOR A POINT OF BEGINNING; THENCE NORTH 09 DEGREES. 33 MINUTES 27 SECONDS WEST 579.63 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO ELSIE BOYD BY A DEED DATED MARCH 25, 1929 AND RECORDED DECEMBER 14, 1938 IN DEED RECORD BOOK 88 ON PAGE 399; THENCE NORTH 09 DEGREES 05 MINUTES 24 SECONDS WEST ALONG THE EAST LINE OF SAID BOYD TRACT 748.57 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 71; THENCE NORTHEASTERLY ALONG SAID CENTER LINE, BANG ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 11, 45920 FEET AND A RADIAL BEARING OF NORTH 26 DEGREES 49 MINUTES 16 SECONDS WEST AT THE LAST DESCRIBED POINT 627.46 FEET; THENCE NORTH 60 DEGREES 02 MINUTES 30 SECONDS EAST ALONG SAIL) CENTER LINE 332.0 FEET; THENCE SOUTH 12 DEGREES 27 MINUTES 30 SECONDS EAST 264.0 FEET; THENCE SOUTH 84 DEGREES 27 MINUTES 30 SECONDS EAST 202.0 FEET; THENCE NORTH 00 DEGREES 42 MINUTES 30 SECONDS WEST 423.02 FEET TO SAID CENTER LINE; THENCE NORTH 60 DEGREES 02 MINUTES 30 SECONDS EAST ALONG SAID CENTER LINE 412.69 FEET TO A LINE DRAWN NORTH 00 DEGREES 10 MINUTES 46 SECONDS EAST PARALLEL WITH TILE WEST LINE OF SAID NORTHEAST QUARTER, FROM A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER WHICH IS 598.62 FEET EASTERLY OF THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER: THENCE SOUTH 00 DEGREES 10 MINUTES 48 SECONDS WEST ALONG SAID PARALLEL LINE 880.56 FEET TO SAID SOUTH LINE; THENCE SOUTH 89 DEGREES 34 MINUTES 48 SECONDS WEST ALONG SAID SOUTH LINE 598.62 FEET TO SAID SOUTHWEST CORNER; THENCE SOUTH 00 DEGREES 10 MINUTES 48 SECONDS WEST ALONG SAID EAST LINE 1275.36 FEET TO A LINE DRAWN SOUTH 89 DEGREES 40 MINUTES 33 SECONDS EAST FROM THE POINT OF BEGINNNING; THENCE NORTH 89 DEGREES 40 MINUTES 33 SECONDS WEST 681.94 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS THAT PART OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTH 0 DEGREES 08 MINUTES 09 SECONDS WEST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 798.60 FEET TO AN OLD CLAIM LINE; THENCE NORTH 57 DEGREES 59 MINUTES 05 SECONDS EAST ALONG SAID OLD CLAIM LINE 299 .00 FEET FOR A POINT OF BEGINNING; THENCE SOUTH 1 DEGREE 51 MINUTES 32 SECONDS WEST, 402.10 FEET; THENCE SOUTH 59 DEGREES 55 MINUTES., 25 SECONDS EAST, 256.51 FEET; THENCE NORTH 59 DEGREES 55 MINUTES 25 SECONDS EAST355.65 FEET; THENCE NORTH 62 DEGREES 43 MINUTES 29 SECONDS EAST, 853.57 FEET; THENCE NORTH 33 DEGREES 24 MINUTES 40 SECONDS EAST,. 54227 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NUMBER 126; THENCE NORTHWESTERLY ALONG SAID CENTER LINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 2292 .01 FEET AND A RADIAL BEARING OF SOUTH 29 DEGREES 23 MINUTES 51 SECONDS WEST AT THE LAST DESCRIBED POINT, 358.41 FEET TO A POINT WHICH IS 151.00 FEET, AS MEASURED ALONG SAID CENTER LINE, SOUTHEASTERLY OF THE INTERSECTION OF SAID CENTER LINE AND SAID OLD CLAIM LINE; THENCE SOUTH 45 DEGREES 05 MINUTES 49 SECONDS WEST, 265 30 FEET; THENCE SOUTH 73 DEGREES 54 MINUTES 28 SECONDS WEST, 102.86 FEET; THENCE SOUTH 84 DEGREES 11 MINUTES 54 SECONDS WEST, 280.96 FEET; THENCE NORTH 32 DEGREES 00 MINUTES 55 SECONDS WEST, 24.19 FEET TO SAID OLD CLAIM LIRE; THENCE SOUTH 87 DEGREES 59 MINUTES 05 SECONDS WEST ALONG SAID OLD CLAIM LINE 789.92 FEET TO THE POINT OR BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. A PERPETUAL EASEMENT FOR THE OPERATION, MAINTENANCE AND USE OF A SEPTIC FIELD FOR THE BENEFIT OF PARCEL ONE HEREINABOVE DESCRIBED, UNDER AND UPON THE FOLLOWING DESCRIBED PARCEL OF REAL ESTATE CONTIGUOUS TO PARCEL ONE TO WIT: COMMENCING AT THE MOST NORTHERLY CORNER OF PARCEL ONE HEREINABOVE DESCRIBED ON THE CENTER LINE OF ILLINOIS STATE ROUTE NUMBER 126; THENCE SOUTH 45 DEGREES 05 MINUTES 49 SECONDS WEST, 47.12 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS STATE ROUTE NUMBER 126, FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 45 DEGREES 05 MINUTES 49 SECONDS WEST, 105.0 FEET; THENCE NORTH 32 DEGREES 08 MINUTES 38 SECONDS WEST, 152.18 FEET; THENCE SOUTH 76 DEGREES 09 MINUTES 49 SECONDS EAST, 5.28 PEEP; THENCE SOUTH 70 DEGREES 39 MINUTES 49 SECONDS EAST, 158.65 FEET, TO THE POINT OR BEGINNING IN KENDALL TOWNSHIP, ALL IN KENDALL COUNTY ILLINOIS. THAT PART OF THE SOUTHWEST 1/4 OF SECTION 3,TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SOUTHWEST 114, 798.60 FEET TO AN OLD CLAIM LINE; THENCE NORTHERLY ALONG SAD WEST LINE, 1118.27 FEET A POINT OF BEGINNING THENCE SOUTHEASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 28 DEGREES 33 MIINUTES 54 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED COUNTERCLOCKWISE THEREFROM, 228.53 FEET; THENCE SOUTHEASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 178 DEGREES 11 MINUTES 35 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED COUNTERCLOCKWISE THEREFROM, 112.67 FEET TO A LINE DRAWN PARALLEL WITH AND 160.0 FEET NORMALLY DISTANT, EASTERLY OF SAID WEST LINE; THENCE SOUTHERLY ALONG SAIL) PARALLEL LINE, 717.44 FEET TO SAID CLAIM LINE; THENCE NORTHEASTERLY ALONG SAD CLAIM LINE, 941.92 FEET TO A POINT ON A LINE DRAWN SOUTHWESTERLY, PERPENDICULAR TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 126 FROM A POINT ON SAID CENTER LINE WHICH IS 1049.70 FEET, AS MEASURED ALONG SAID CENTER LINE, SOUTHEASTERLY OF THE INTERSECTION OF SAD CENTER LINE WITH THE CENTER LINE OF ILLINOIS STATE ROUTE 71; THENCE NORTHEASTERLY TO SAID POINT ON SAID CENTER LINE OF ILLINOIS ROUTE 126 AFORESAID; THENCE NORTHWESTERLY ALONG SAID ROUTE 126 CENTER LINE AND TO SAID ROUTE 71 CENTER LINE; THENCE SOUTHWESTERLY ALONG SAID ROUTE 71 CENTER LINE, 30.58 FEET TO SAID WEST LINE; THENCE SOUTHERLY ALONG SAID WEST LINE, 78.83 FEET, TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT HE SOUTHWEST CORN R OF SAID SECTION. 3; THENCE NORTH 00 DEGREES 00 MINUTES 38 SECONDS EAST, ON A BEARING REFERENCED TO AN ASSUMED NORTH, 1925.21 FEET ON THE WEST LINE OF SAID SOUTHWEST 1/4; THENCE SOUTH 89 DEGREES 59 MINUTES 22 SECONDS EAST 58.55 FEET TO THE EXISTING SOUTHEASTERLY RIGHT OF WAY LINE-OF AY AT. ROUTE 311 (IL ROUTE 71) AND THE POINT OF BEGINNING; THENCE NORTH 72 DEGREES 34 MINUTES 00 SECONDS EAST 35.28 FEET ON SAID SOUTHEASTERLY RIGHT OF WAY LINE TO THE SOUTHERLY RIGHT OF WAY LINE OF S.B I. ROUTE 66 (IL ROUTE 126); THENCE SOUTH 70 DEGREES 08 MINUTES 35 SECONDS EAST 125.66 FEET ON SAID SOUTHERLY RIGHT OF WAY LINE; THENCE NORTH 81 DEGREES 09 MINUTES 04 SECONDS WEST 51.85 FEET; THENCE NORTH 76 DEGREES 30 MINUTES 40 SECONDS WEST 103.47 FEET TO THE POINT OF BEGINNING), IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. THAT PART OF THE SOUTHWEST 1/4 OF SECTION 3,TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST)/4; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 799.60 FEET TO AN OLD CLAIM LINE FOR A POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID WEST LINE, 1118.27 FEET; THENCE SOUTHEASTERLY ALONG A LINE WHICH FORMS AND ANGLE OF 28 DEGREES 33 MINUTES 54 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURE) COUNTERCLOCKWISE THEREFROM, 228.53 FEET; THENCE SOUTHEASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 178 DEGREES 11 MINUTES 35 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED COUNTERCLOCKWISE THEREFROM, 112.67 FEET TO A LINE DRAWN PARALLEL WITH AN) 160.0 FEET NORMALLY DISTANT, EASTERLY OF SAID WEST LINE; THENCE SOUTHERLY ALONG SAID PARALLEL LINE, 717.44 FEET TO SAID CLAIM LINE; THENCE SOUTHWESTERLY ALONG SAID CLAIM LINE, 188.42 FEET TO THE POINT OF BEGINNING, IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 FAST OF THE THIRD PRINCIPAL. MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER 1995.6 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 71; THENCE NORTHEASTERLY ALONG THE SAID CENTER LINE OF ILLINOIS ROUTE 71, 1411.3 FEET TO THE CENTER LINE EXTENDED NORTHWESTERLY OF THE PUBLIC ROAD RUNNING SOUTHEASTERLY FROM SAID ILLINOIS ROUTE 71, COMMONLY KNOWN AS WING ROAD; THENCE SOUTHEASTERLY ALONG TILE EXTENDED CENTER LINE AND THE CENTER LINE OF SAID PUBLIC ROAD, BEING ALONG A LINE THAT FORMS AN ANGLE OF 93 DEGREES 25' TO THE RIGHT WITH THE PROLONGATION NORTHEASTERLY OF THE TANGENT TO THE CENTER LINE OF SAID ILLINOIS ROUTE 71 AT THE LAST DESCRIBED POINT, 761 FEET FOR THE POINT OF BEGINNING; THENCE SOUTHWESTERLY ALONG A LINE THAT FORMS AN ANGLE OF 79 DEGREES 47' TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED LINE 265.6 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 126; THENCE SOUTHEASTERLY ALONG SAID CENTER LINT OF ILLINOIS ROUTE 126 TO THE CENTER LINE OF THE EASTERLY FORK OF THE PUBLIC ROAD AFORESAID WHICH RUNS SOUTHEASTERLY FROM SAID ILLINOIS ROUTE 71; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID PUBLIC ROAD TO THE POINT OF BEGINNING; TO THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. GRANTEE HEREBY ASSUMES AND AGREES TO PAY THE UNPAID BALANCE ON THE EXISTING MORTGAGE RECORDED IN BOOK PAGE , THE DEBT SECURED THEREBY AND ALSO HEREBY ASSUMES -THE OBLIGATIONS UNDER THE TERN OF THE INSTRUMENTS CREATING THE LOANS DOCUMENT NO. 79-1053. THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE - NORTH 00 DEGREES 08 MINUTES 14 SECONDS WEST ALONG-THE WEST LINE OF SAID SOUTHWEST QUARTER, - 1,995.75 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 71; THENCE NORTH 71 DEGREES 23 MINUTES 59 SECONDS EAST ALONG SAID CENTER LINE 30.45 FEET TO THE POINT OF INTERSECTION OF SAID CENTER LINE WITH CENTER LINE OF ILLINOIS STATE ROUTE NO. 126 FOR THE POINT OF BEGINNING; THENCE NORTH 71 DEGREES 23 MINUTES 59 SECONDS EAST ALONG SAID ROUTE 71 CENTER LINE 230.67 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A CURVE TO-THE. LEFT HAVING A RADIUS OF 11,459.20 FEET WHICH IS TANGENT TO THE LAST DESCRIBED COURSE AT THE LAST DESCRIBED POINT AT THE LAST DESCRIPTION POINT, 1,141.60 FEET TO THE INTERSECTION WITH THE- CENTER LINE EXTENDED NORTHWESTERLY OF WING ROAD; THENCE SOUTH 21 DEGREES 30 MINUTES 13 SECONDS EAST ALONG SAID WING ROAD CENTER LINE 761 .0 FEET: THENCE SOUTH 58 DEGREES 16 MINUTES 47 SECONDS WEST 26535 FEET TO SAID ROUTE 126 CENTER LINE; THENCE NORTHWESTERLY ALONG SAID ROUTE 126 CENTER LINE BEING ALONG A CURVE TO THE LEFT AND HAVING A RADIUS OF 2,292.01 FEET WHICH IS TANGENT TO A LINE DRAWN NORTH 72 DEGREES 57 MINUTES 06 SECONDS WEST FROM THE LAST DESCRIBED POINT 147.93 FEET; THENCE NORTH 16 DEGREES 38 MINUTES 49 SECONDS WEST ALONG SAID ROUTE 126 CENTERLINE 850.98 FEET; THENCE NORTHWESTERLY ALONG SAID ROUTE 126 CENTERLINE BEING ALONG A CURVE TO THE RIGHT AND HAVING A RADIUS OF 2,148.79 FEET WHICH IS TANGENT TO THE LAST DESCRIBED COURSE AT THE LAST DESCRIBED POINT, 383.53 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PART DESCRIBED AS FOLLOWS: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 36- NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE-SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 00 DEGREES 08 MINUTES 14 SECONDS WEST ALONG -THE WEST LINE OF SAID SOUTHWEST QUARTER 1995.75 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE 71; THENCE NORTH 71 DEGREES 23 MINUTES 59 SECONDS EAST ALONG SAID ROUTE 71 CENTER LINE 261.12 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 15,45920 FEET WHICH IS TANGENT TO THE LAST-DESCRIBED COURSE 1141.60 FEET TO THE INTERSECTION-WITH THE CENTER LINE EXTENDED NORTHWESTERLY OF WING ROAD FOR THE POINT OF BEGINNNG(TEENCE SOUTH 21 DEGREES 30 MINUTES 13 SECONDS EAST ALONG SAID WING ROAD CENTER LINE 258.05 FEET; THENCE SOUTH 58 DEGREES 29 MINUTES 47 SECONDS WEST 200.0 FEET; THENCE NORTH 21 DEGREES 30 MINUTES 13 SECONDS WEST PARALLEL WITH SAID WING ROAD CENTER LINE 250.0 FEET TO SAID ROUTE 71 CENTER LINE; THENCE NORTHEASTERLY ALONG SAID ROUTE71 CENTER LINE 200.16 FEET TO T14E POINT OF BEGINNING, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, (ILLINOIS, AND ALSO EXCEPTING, THAT PART OF TEE SOUTHWEST QUARTER OF SECTION 31N TOWNSHIP 38 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS WITH BEARINGS REFERENCED TO THE ILLINOIS STATE PLANE COORDINATE SYSTEM EAST ZONE (NAD83): COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 3; THENCE NORTH 01 DEGREE 35 MINUTES 30 SECONDS WEST, 1,995.04 FEET ALONG THE WEST LINE OF SAID SOUTHWEST 1/4 TO THE CENTERLINE OF A PUBLIC HIGHWAY DESIGNATED IL 71; THENCE NORTH 69 DEGREES 55 MINUTES 19 SECONDS EAST, 31.52 FEET ALONG SAID CENTERLINE TO THE POINT OF BEGINNNGYROM THE POINT OF BEGINNING; THENCE NORTH 69 DEGREES 55 MINUTES 19 SECONDS EAST, 230.66 FEET ALONG SAID CENTERLINE; THENCE NORTHEASTERLY, 940.56 FEET ALONG AN 11,479.02 FOOT RADIUS CURVE TO THE LEFT HAVING A CHORD BEARING NORTH 67 DEGREES 34 MINUTES 29 SECONDS EAST, 94031 FEET; THENCE SOUTH 22 DEGREES 56 MINUTES 31 SECONDS EAST, 60.03 FEET; THENCE SOUTHWESTERLY, 418.10 FEET ON AN 11,539.02 FOOT RADIUS CURVE TO THE RIGHT HAVING A CHORD BEARING SOUTH 66 DEGREES 16 MINUTES 29 SECONDS WEST, 418,08 FEET; THENCE SOUTH 59 DEGREES 24 MINUTES 09 SECONDS WEST, 71.10 FEET; THENCE SOUTH 25 DEGREES 14 MINUTES 24 SECONDS WEST, 60.52 FEET; THENCE SOUTHEASTERLY, 570.87. FEET ON AN 675.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CHORD BEARING SOUTH 55 DEGREES 22 MINUTES 46 SECONDS EAST, 560.80 FEET; THENCE SOUTH 74 DEGREES 04 MINUTES 13 SECONDS EAST. 274.41 FEET; THENCE SOUTH 64 DEGREES 05 MINUTES 29 SECONDS EAST, 35.85 FEET; THENCE SOUTH 55 DEGREES 49 MINUTES 00-SECONDS WEST, 64.56 FEET TO THE CENTERLINE OF A PUBLIC HIGHWAY DESIGNATED IL 126; THENCE NORTHWESTERLY, 162.08 FEET ON SAID CENTERLINE BEING A 2,29L.64 FOOT RADIUS CURVE TO TILE LEFT HAVING A CHORD BEARING NORTH 76 DEGREES 16 MINUTES 12 SECONDS WEST, 162.05 FEET; THENCE NORTH 78 DEGREES 17 MINUTES 46 SECONDS WEST, 357.37 FEET ON SAID CENTERLINE; THENCE NORTH 53 DEGREES 52 MINUTES 46 SECONDS WEST, 96.76 FEET TO THE EXISTING NORTHERLY RIGHT OF WAY LINE OF IL 126; THENCE NORTHWESTERLY, 297.03 FEET ON A 990.00 FOOT RADIUS CURVE TO THE RIGHT HAVING A CHORD BEARING NORTH 45 DEGREES 17 MINUTES 03 SECONDS WEST, 295.92 FEET; THENCE NORTH 36 DEGREES 39 MINUTES 21 SECONDS WEST, 23.77 FEET; THENCE NORTH 77 DEGREES 19 MINUTES 36 SECONDS WEST, 64.74 FEET; THENCE SOUTH 69 DEGREES 03 MINUTES 36 SECONDS WEST, 100,61 FEET; THENCE SOUTH 69 DEGREES 55 MINUTES 52 SECONDS WEST, 149.98 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SAID IL 71; THENCE SOUTH 65 DEGREES 32 MINUTES 40 SECONDS WEST, 113.94 FEET TO THE CENTERLINE OF SAID IL 126; THENCE NORTHWESTERLY, 119.55 FEET ON SAID CENTERLINE BEING A 2,170.59 FOOT RADIUS CURVE TO THE RIGHT HAVING A CHORD BEARING NORTH 69 DEGREES 20 MINUTES 17 SECONDS WEST, 119.54 FEET TO THE POINT OF BEGINNING. THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 07'44"EAST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 1236.84 FEET TO A POINT ON SAID EAST LINE WHICH IS 1284.36 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 89°47'31" WEST, 684.42 FEET; THENCE NORTH 09032'39" WEST, 590.03 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO ELSIE BOYD BY DEED DATED MARCH 25, 1929 AND RECORDED DECEMBER 14, 1938 IN DEED RECORD 88 ON PAGE 399, FOR THE POINT OF BEGINNING; THENCE SOUTH 57058 '56" WEST ALONG THE SOUTHERLY LINE OF SAID BOYD TRACT AND SAID SOUTHERLY LINE EXTENDED 352.89 FEET TO THE CENTER LINE OF WING ROAD; THENCE SOUTH 21028'35" EAST ALONG SAID CENTERLINE 131 .00 FEET; THENCE NORTH 57058 '56" EAST PARALLEL WITH SAID SOUTHERLY LINE 323.58 FEET TO A POINT WHICH IS SOUTH 09032'39" EAST, 13937 FEET FROM THE POINT OF BEGINNING; THENCE NORTH 09 032'39" WEST, 139.37 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE TH RD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER 1995.6 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 7L; THENCE EASTERLY ALONG SAID CENTER LINE 32.2 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 126; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE OF ILLINOIS ROUTE 126, 1049.7 FEET FOR THE POINT, OF BEGINNING; THENCE SOUTHWESTERLY AT RIGHT ANGLES TO SAID CENTER LINE, 339.9 FEET TO AN OLD CLAIM LINE; THENCE NORTHEASTERLY ALONG SAID OLD CLAIM LINE WHICH MAKES AN ANGLE OF 44'21' (MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE) 468.6 FEET TO THE CENTER LINE OF SAID ILLINOIS ROUTE 126; THENCE NORTHWESTERLY ALONG SAID CENTER LINE 328.1 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS.EXCEPT THEREFROM THE BELOW DESCRIBED PARCEL: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS WITH BEARINGS REFERENCED TO THE ILLINOIS STATE PLANE COORDINATE SYSTEM EAST ZONE (NAD83): COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE NORTH 01 DEGREE 35 MINUTES 30 SECONDS WEST, 1,995.04 FEET ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3 TO THE `CENTERLINE OF A PUBLIC HIGHWAY DESIGNATED IL 71; THENCE NORTH 69 DEGREES 55 MINUTES 19 SECONDS EAST, 31 .52 FEET ALONG SAID CENTERLINE TO THE CENTERLINE OF A PUBLIC HIGHWAY DESIGNATED IL 126; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE, 399.15 FEET ALONG A 2,170.59 FOOT RADIUS CURVE TO THE LEFT HAVING A CHORD BEARING OF SOUTH 73 DEGREES 01 MINUTE 41 SECONDS EAST, 39858 FEET THENCE SOUTH 78 DEGREES 17 MINUTES 46 SECONDS EAST, 649.36 FEET ALONG SAID CENTERLINE TO THE POINT OF BEGINNING. FROM THE POINT OF BEGINNING, THENCE SOUTH 78' DEGREES 17 MINUTES 46 SECONDS EAST, 172.16 FEET ALONG SAID CENTERLINE; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE, 162.08 FEET ALONG A 2,291,64 FOOT RADIUS CURVE TO THE RIGHT HAVING A CHORD BEARING OF SOUTH 76 DEGREES 16 MINUTES 12 SECONDS EAST, 162.05 FEET; THENCE SOUTH 56 DEGREES 32 MINUTES 11 SECONDS WEST, 65.63 FEET; THENCE NORTH 74 DEGREES 04 MINUTES 13 SECONDS WEST, 5.13 FEET; THENCE NORTH 65 DEGREES 29 MINUTES 14 SECONDS WEST, 50.57 FEET, TO THE SOUTHERLY RIGHT OF WAY LINE OF IL 126; THENCE NORTHWESTERLY, 61.11 FEET ON SAID RIGHT OF WAY LINE BEING ON A 2251 .64 FOOT RADIUS CURVE TO THE LEFT HAVING A CHORD BEARING OF NORTH 77 DEGREES 31 MINUTES 09 SECONDS WEST, 61 .11 FEET; THENCE NORTH 78 DEGREES 17 MINUTES 46 SECONDS WEST, 17227 FEET ALONG SAID SOUTH RIGHT OF WAY LINE; THENCE NORTH I1 DEGREES 52 MINUTES 19 SECONDS EAST, 40.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.297 ACRE MORE OR LESS, OF WHICH 0.290 ACRE, MORE OR LESS, IS LYING WITHIN PUBLIC ROAD RIGHT OF WAY, SITUATED IN THE COUNTY OF KENDALL AND STATE OF ILLINOIS, HEREBY RELEASING AND WAVING ALL RIGHTS UNDER AND BY VIRTUE OF THE HOMESTEAD EXEMPTION LAWS OF THE STATE. EXHIBIT A- 1 PARCEL "B" DESCRIPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3 , TOWNSHIP 36 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN , DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER ; THENCE NORTH 0 DEGREES 7 MINUTES 44 SECONDS EAST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 1 , 236 . 84 FEET TO A POINT ON SAID EAST LINE WHICH IS 1284 . 36 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER ; THENCE NORTH 89 DEGREES 47 MINUTES 31 SECONDS WEST , 684 . 42 FEET ; THENCE NORTH 09 DEGREES 32 MINUTES 39 SECONDS WEST , 590 . 03 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO ELSIE BOYD BY DEED DATED MARCH 25 , 1929 AND RECORDED DECEMBER 14 , 1938 IN DEED RECORD 88 ON PAGE 399 FOR THE POINT OF BEGINNING ; THENCE SOUTH 57 DEGREES 58 MINUTES 56 SECONDS WEST ALONG THE SOUTHERLY LINE OF SAID BOYD TRACT AND SAID SOUTHERLY LINE EXTENDED 352 . 89 FEET TO THE CENTER LINE OF WING ROAD ; THENCE SOUTH 21 DEGREES 28 MINUTES 35 SECONDS EAST ALONG SAID CENTER LINE 131 . 0 FEET ; THENCE NORTH 57 DEGREES 58 MINUTES 56 SECONDS EAST PARALLEL WITH SAID SOUTHERLY LINE 323 . 58 FEET TO A POINT WHICH IS SOUTH 09 DEGREES 32 MINUTES 39 SECONDS EAST , 139 . 37 FEET FROM THE POINT OF BEGINNING ; THENCE NORTH 09 DEGREES 32 MINUTES 39 SECONDS WEST , 139 . 37 FEET TO THE POINT OF BEGINNING ; IN THE TOWNSHIP OF KENDALL , KENDALL COUNTY , ILLINOIS . PARCEL "D" DESCRIPTION THAT PART OF THE NORTHEAST , NORTHWEST AND SOUTHWEST QUARTERS OF SECTION 31 TOWNSHIP 36 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN , DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER ; THENCE SOUTH 00 DEGREES 10 MINUTES 48 SECONDS WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER , 1 , 284 . 36 FEET ; THENCE SOUTH 89 DEGREES 29 MINUTES 40 SECONDS WEST , 680 . 30 FEET ; THENCE NORTH 09 DEGREES 33 MINUTES 27 SECONDS WEST , 10 . 0 FEET FOR A POINT OF BEGINNING ; THENCE NORTH 09 DEGREES 33 MINUTES 27 SECONDS WEST , 579 . 53 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO ELSIE BOYD BY A DEED DATED MARCH 25 , 1929 AND RECORDED DECEMBER 14 , 1938 IN DEED RECORD BOOK 88 ON PAGE 399 ; THENCE NORTH 09 DEGREES 05 MINUTES 24 SECONDS WEST ALONG THE EAST LINE OF SAID BOYD TRACT , 748 . 57 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO . 71 ; THENCE NORTHEASTERLY ALONG SAID CENTER LINE , BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 11 , 459 . 20 FEET AND A RADIAL BEARING OF NORTH 26 DEGREES 49 MINUTES 16 SECONDS WEST AT THE LAST DESCRIBED POINT , 627 . 46 FEET ; THENCE NORTH 60 DEGREES 02 MINUTES 30 SECONDS EAST ALONG SAID CENTER LINE , 332 . 0 FEET ; THENCE SOUTH 12 DEGREES 27 MINUTES 30 SECONDS EAST , 264 . 0 FEET ; THENCE SOUTH 84 DEGREES 27 MINUTES 30 SECONDS EAST , 202 . 0 FEET ; THENCE NORTH 00 DEGREES 42 MINUTES 30 SECONDS WEST , 423 . 02 1 EXHIBIT A- 1 FEET TO SAID CENTER LINE ; THENCE NORTH 60 DEGREES 02 MINUTES 30 SECONDS EAST ALONG SAID CENTER LINE , 472 . 59 FEET TO A LINE DRAWN NORTH 00 DEGREES 10 MINUTES 48 SECONDS EAST PARALLEL WITH THE WEST LINE OF SAID NORTHEAST QUARTER , FROM A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER WHICH IS 598 . 62 FEET EASTERLY OF THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER ; THENCE SOUTH 00 DEGREES 10 MINUTES 48 SECONDS WEST ALONG SAID PARALLEL LINE , 880 . 56 FEET TO SAID SOUTH LINE ; THENCE SOUTH 89 DEGREES 34 MINUTES 48 SECONDS WEST ALONG SAID SOUTH LINE , 598 . 62 FEET TO SAID SOUTHWEST CORNER ; THENCE SOUTH 00 DEGREES 10 MINUTES 48 SECONDS WEST ALONG SAID EAST LINE , 1275 . 36 FEET TO A LINE DRAWN SOUTH 89 DEGREES 40 MINUTES 33 SECONDS EAST FROM THE POINT OF BEGINNING ; THENCE NORTH 89 DEGREES 40 MINUTES 33 SECONDS WEST , 681 . 94 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP , KENDALL COUNTY , ILLINOIS . PARCEL "E " DESCRIPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3 , TOWNSHIP 36 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER ; THENCE NORTH 0 DEGREES 08 MINUTES 09 SECONDS WEST ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER , 798 . 60 FEET TO AN OLD CLAIM LINE ; THENCE NORTH 57 DEGREES 59 MINUTES 05 SECONDS EAST ALONG SAID OLD CLAIM LINE , 299 . 00 FEET FOR A POINT OF BEGINNING ; THENCE SOUTH 1 DEGREE 51 MINUTES 32 SECONDS WEST , 402 . 10 FEET ; THENCE SOUTH 59 DEGREES 25 MINUTES 54 SECONDS EAST , 256 . 51 FEET ; THENCE NORTH 59 DEGREES 55 MINUTES 25 SECONDS EAST , 355 . 65 FEET ; THENCE NORTH 62 DEGREES 43 MINUTES 29 SECONDS EAST , 853 . 57 FEET ; THENCE NORTH 33 DEGREES 24 MINUTES 40 SECONDS EAST , 542 . 27 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NUMBER 126 ; THENCE NORTHWESTERLY ALONG SAID CENTER LINE , BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 21292 . 01 FEET AND A RADIAL BEARING OF SOUTH 29 DEGREES 23 MINUTES 51 SECONDS WEST AT THE LAST DESCRIBED POINT , 358 . 41 FEET TO A POINT WHICH IS 151 . 00 FEET , AS MEASURED ALONG SAID CENTER LINE , SOUTHEASTERLY OF THE INTERSECTION OF SAID CENTER LINE AND SAID OLD CLAIM LINE ; THENCE SOUTH 45 DEGREES 05 MINUTE 49 SECONDS WEST , 265 . 70 FEET ; THENCE SOUTH 73 DEGREES 54 MINUTES 28 SECONDS WEST , 102 . 86 FEET ; THENCE SOUTH 84 DEGREES 11 MINUTES 54 SECONDS WEST , 280 . 96 FEET ; THENCE NORTH 32 DEGREES 00 MINUTES 55 SECONDS WEST , 24 . 19 FEET TO SAID OLD CLAIM LINE ; THENCE SOUTH 87 DEGREES 59 MINUTES 05 SECONDS WEST ALONG SAID OLD CLAIM LINE , 789 . 92 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP , KENDALL COUNTY , ILLINOIS . 2 EXHIBIT A - 1 PARCEL " F" DESCRIPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3 , TOWNSHIP 36 NORTH , RANGE 7 , EAST OF THE THIRD PRINCIPAL MERIDIAN , DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER ; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER , 798 . 60 FEET TO AN OLD CLAIM LINE ; THENCE NORTHERLY ALONG SAID WEST LINE , 1118 . 27 FEET FOR A POINT OF BEGINNING ; THENCE SOUTHEASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 28 DEGREES 33 MINUTES 54 SECONDS WITH THE LAST DESCRIBED COURSE , MEASURED COUNTERCLOCKWISE THEREFROM , 228 . 53 FEET ; THENCE SOUTHEASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 178 DEGREES 11 MINUTES 35 SECONDS WITH THE LAST DESCRIBED COURSE , MEASURED COUNTERCLOCKWISE THEREFROM , 112 . 67 FEET TO A LINE DRAWN PARALLEL WITH AND 160 . 0 FEET NORMALLY DISTANT , EASTERLY OF SAID WEST LINE ; THENCE SOUTHERLY ALONG SAID PARALLEL LINE , 717 . 44 FEET TO SAID CLAIM LINE ; THENCE NORTHEASTERLY ALONG SAID CLAIM LINE , 941 . 92 FEET TO A POINT ON A LINE DRAWN SOUTHWESTERLY , PERPENDICULAR TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO . 126 FROM A POINT ON SAID CENTER LINE WHICH IS 11049 . 70 FEET , AS MEASURED ALONG SAID CENTER LINE , SOUTHEASTERLY OF THE INTERSECTION OF SAID CENTER LINE WITH THE CENTER LINE OF ILLINOIS STATE ROUTE 71 , THENCE NORTHEASTERLY TO SAID POINT ON SAID CENTER LINE OF ILLINOIS ROUTE 126 AFORESAID ; THENCE NORTHWESTERLY ALONG SAID ROUTE 126 CENTER LINE AND TO SAID ROUTE 71 CENTER LINE ; THENCE SOUTHWESTERLY ALONG SAID ROUTE 71 CENTER LINE , 30 . 58 FEET TO SAID WEST LINE ; THENCE SOUTHERLY ALONG SAID WEST LINE , 78 . 83 FEET , TO THE POINT OF BEGINNING ( EXCEPTING THEREFROM THAT PART OF THE SOUTHWEST QUARTER OF SECTION 31 TOWNSHIP 36 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 3 ; THENCE NORTH 00 DEGREES 00 MINUTES 38 SECONDS EAST , ON A BEARING REFERENCED TO AN ASSUMED NORTH , 1 , 925 . 21 FEET ON THE WEST LINE OF SAID SOUTHWEST QUARTER ; THENCE SOUTH 89 DEGREES 59 MINUTES 22 SECONDS EAST , 58 . 55 FEET TO THE EXISTING SOUTHEASTERLY RIGHT OF WAY LINE OF A F . A . P . ROUTE 311 ( IL ROUTE 71 ) AND THE POINT OF BEGINNING ; THENCE NORTH 72 DEGREES 34 MINUTES 00 SECONDS EAST , 35 . 28 FEET ON SAID SOUTHEASTERLY RIGHT OF WAY LINE TO THE SOUTHERLY RIGHT OF WAY LINE OF S . B . I . ROUTE 66 ( IL ROUTE 126 ) ; THENCE SOUTH 70 DEGREES 08 MINUTES 35 SECONDS EAST , 125 . 66 FEET ON SAID SOUTHERLY RIGHT OF WAY LINE ; THENCE NORTH 81 DEGREES 09 MINUTES 04 SECONDS WEST , 51 . 85 FEET ; THENCE NORTH 76 DEGREES 30 MINUTES 40 SECONDS WEST , 103 . 47 FEET TO THE POINT OF BEGINNING , IN KENDALL TOWNSHIP , KENDALL COUNTY , ILLINOIS . PARCEL "G" DESCRIPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3 , TOWNSHIP 36 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN , DESCRIBED AS FOLLOWS : 3 EXHIBIT A- 1 COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER ; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER , 798 . 60 FEET TO AN OLD CLAIM LINE FOR A POINT OF BEGINNING ; THENCE NORTHERLY ALONG SAID WEST LINE , 1 , 118 . 27 FEET ; THENCE SOUTHEASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 28 DEGREES 33 MINUTES 54 SECONDS WITH THE LAST DESCRIBED COURSE , MEASURED COUNTERCLOCKWISE THEREFROM , 228 . 53 FEET ; THENCE SOUTHEASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 178 DEGREES 11 MINUTES 35 SECONDS WITH THE LAST DESCRIBED COURSE , MEASURED COUNTERCLOCKWISE THEREFROM , 112 . 67 FEET TO A LINE DRAWN PARALLEL WITH AND 160 . 0 FEET NORMALLY DISTANT , EASTERLY OF SAID WEST LINE ; THENCE SOUTHERLY ALONG SAID PARALLEL LINE , 717 . 44 FEET TO SAID CLAIM LINE ; THENCE SOUTHWESTERLY ALONG SAID CLAIM LINE , 188 . 42 FEET TO THE POINT OF BEGINNING , IN KENDALL TOWNSHIP , KENDALL COUNTY , ILLINOIS . PARCEL "J" DESCRIPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3 , TOWNSHIP 36 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN , DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER ; THENCE NORTH ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER 1995 . 6 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 71 ; THENCE NORTHEASTERLY ALONG THE SAID CENTER LINE OF ILLINOIS ROUTE 71 , A DISTANCE OF 1411 . 3 FEET TO THE CENTER LINE EXTENDED NORTHWESTERLY OF THE PUBLIC ROAD RUNNING SOUTHEASTERLY FROM SAID ILLINOIS ROUTE 71 , COMMONLY KNOWN AS WING ROAD ; THENCE SOUTHEASTERLY ALONG THE EXTENDED CENTER LINE AND THE CENTER LINE OF SAID PUBLIC ROAD , BEING ALONG A LINE THAT FORMS AN ANGLE OF 93 DEGREES 25 MINUTES TO THE RIGHT WITH THE PROLONGATION NORTHEASTERLY OF THE TANGENT TO THE CENTER LINE OF SAID ILLINOIS ROUTE 71 AT THE LAST DESCRIBED POINT , 761 FEET FOR THE POINT OF BEGINNING ; THENCE SOUTHWESTERLY ALONG A LINE THAT FORMS AN ANGLE OF 79 DEGREES 47 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED LINE , 265 . 6 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 126 ; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE OF ILLINOIS ROUTE 126 TO THE CENTER LINE OF THE EASTERLY FORK OF THE PUBLIC ROAD AFORESAID WHICH RUNS SOUTHEASTERLY FROM SAID ILLINOIS ROUTE 71 ; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID PUBLIC ROAD TO THE POINT OF BEGINNING ; IN THE TOWNSHIP OF KENDALL , KENDALL COUNTY , ILLINOIS . PARCEL "K" DESCRIPTION THAT PART OF THE NORTH HALF OF SECTION 3 , TOWNSHIP 36 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN , DESCRIBED AS FOLLOWS : 4 EXHIBIT A - 1 COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 3 ; THENCE SOUTH 0 DEGREES 07 MINUTES 44 SECONDS WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER , 1284 . 36 FEET ; THENCE NORTH 89 DEGREES 47 MINUTES 31 SECONDS WEST , 684 . 42 FEET ; THENCE NORTH 09 DEGREES 32 MINUTES 39 SECONDS WEST , 590 . 03 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO ELSIE BOYD BY A DEED DATED MARCH 25 , 1929 AND RECORDED DECEMBER 14 , 1938 IN DEED RECORD BOOK 88 ON PAGE 399 ; THENCE NORTH 09 DEGREES 05 MINUTES 46 SECONDS WEST , 748 . 40 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO . 71 ; THENCE NORTHEASTERLY ALONG SAID CENTER LINE , BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 11 , 459 . 20 FEET AND A RADIAL BEARING OF NORTH 26 DEGREES 50 MINUTES 30 SECONDS WEST AT THE LAST DESCRIBED POINT , 627 . 46 FEET ; THENCE NORTH 60 DEGREES 02 MINUTES 30 SECONDS EAST ALONG SAID CENTER LINE , 332 . 0 FEET FOR A POINT OF BEGINNING ; THENCE SOUTH 12 DEGREES 27 MINUTES 30 SECONDS EAST , 264 . 0 FEET ; THENCE SOUTH 84 DEGREES 27 MINUTES 30 SECONDS EAST , 202 . 0 FEET ; THENCE NORTH 0 DEGREES 42 MINUTES 30 SECONDS WEST , 432 . 02 FEET TO SAID CENTER LINE ; THENCE SOUTH 60 DEGREES 02 MINUTES 30 SECONDS WEST , ALONG CENTER LINE , 291 . 76 FEET TO THE POINT OF BEGINNING , IN THE TOWNSHIP OF KENDALL , KENDALL COUNTY , ILLINOIS . PARCEL "L" DESCRIPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3 , TOWNSHIP 36 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN , DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER ; THENCE NORTH ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER 1995 . 6 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 71 ; THENCE EASTERLY ALONG SAID CENTER LINE 32 . 2 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 126 ; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE OF ILLINOIS ROUTE 126 , 1049 . 7 FEET FOR THE POINT OF BEGINNING ; THENCE SOUTHWESTERLY AT RIGHT ANGLES TO SAID CENTER LINE , 339 . 9 FEET TO AN OLD CLAIM LINE ; THENCE NORTHEASTERLY ALONG SAID OLD CLAIM LINE WHICH MAKES AN ANGLE OF 44 DEGREES 21 MINUTES (MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE ) 468 . 6 FEET TO THE CENTER LINE OF SAID ILLINOIS ROUTE 126 ; THENCE NORTHWESTERLY ALONG SAID CENTER LINE 328 . 1 FEET TO THE POINT OF BEGINNING , IN THE TOWNSHIP OF KENDALL , KENDALL COUNTY , ILLINOIS , EXCEPT THAT PREVIOUSLY ANNEXED . ( PARCELS CONTAIN 78 . 145 ACRES MORE OR LESS . ) 5 EXHIBIT A - 2 PARCEL "A" DESCRIPTION THAT PART OF THE WEST HALF OF SECTION 3 , TOWNSHIP 36 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN , DESCRIBED AS FOLLOWS : COMMENCING AT THE CENTER OF SAID SECTION 3 ; THENCE SOUTH 00 DEGREES 14 MINUTES 45 SECONDS EAST ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3 , 1 , 284 . 36 FEET ; THENCE SOUTH 89 DEGREES 50 MINUTES 00 SECONDS WEST , 684 . 42 FEET ; THENCE NORTH 09 DEGREES 30 MINUTES 00 SECONDS WEST , 592 . 27 FEET FOR THE POINT OF BEGINNING ; THENCE SOUTH 57 DEGREES 33 MINUTES 55 SECONDS WEST , 327 . 57 FEET TO THE EASTERLY LINE OF WING ROAD ; THENCE NORTH 21 DEGREES 52 MINUTES 29 SECONDS WEST ALONG SAID EASTERLY LINE 705 . 85 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 71 ; THENCE NORTHEASTERLY ALONG SAID SOUTHERLY LINE , BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 11 , 509 . 16 FEET ; A DISTANCE OF 472 . 39 FEET TO A LINE DRAWN NORTH 09 DEGREES 30 MINUTES 00 SECONDS WEST FROM THE POINT OF BEGINNING ; THENCE SOUTH 09 DEGREES 30 MINUTES 00 SECONDS EAST ALONG SAID LINE , 695 . 72 FEET TO THE POINT OF BEGINNING , IN THE TOWNSHIP OF KENDALL , KENDALL COUNTY , ILLINOIS . PARCEL " H" DESCRIPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3 , TOWNSHIP 36 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN , DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER ; THENCE NORTH 00 DEGREES 08 MINUTES 14 SECONDS WEST ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER , 11995 . 75 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO . 71 ; THENCE NORTH 71 DEGREES 23 MINUTES 59 SECONDS EAST ALONG SAID CENTER LINE , 30 . 45 FEET TO THE POINT OF INTERSECTION OF SAID CENTER LINE WITH CENTER LINE OF ILLINOIS STATE ROUTE NO . 126 FOR THE POINT OF BEGINNING ; THENCE NORTH 71 DEGREES 23 MINUTES 59 SECONDS EAST ALONG SAID ROUTE 71 CENTER LINE , 230 . 67 FEET TO A POINT OF CURVATURE ; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 11 , 459 . 20 FEET WHICH IS TANGENT TO THE LAST DESCRIBED COURSE AT THE LAST DESCRIBED POINT AT THE LAST DESCRIPTION POINT , 1 , 141 . 60 FEET TO THE INTERSECTION WITH THE CENTER LINE EXTENDED NORTHWESTERLY OF WING ROAD ; THENCE SOUTH 21 DEGREES 30 MINUTES 13 SECONDS EAST ALONG SAID WING ROAD CENTER LINE , 761 . 0 FEET ; THENCE SOUTH 58 DEGREES 16 MINUTES 47 SECONDS WEST , 265 . 38 FEET TO SAID ROUTE 126 CENTER LINE ; THENCE NORTHWESTERLY ALONG SAID ROUTE 126 CENTER LINE , BEING ALONG A CURVE TO THE LEFT AND HAVING A RADIUS OF 21292 . 01 FEET WHICH IS TANGENT TO A LINE DRAWN NORTH 72 DEGREE 1 EXHIBIT A - 2 57 MINUTES 06 SECONDS WEST FROM THE LAST DESCRIBED POINT , 147 . 83 FEET ; THENCE NORTH 76 DEGREES 38 MINUTES 49 SECONDS WEST ALONG SAID ROUTE 126 CENTER LINE , 850 . 98 FEET ; THENCE NORTHWESTERLY ALONG SAID ROUTE 126 CENTER LINE , BEING ALONG A CURVE TO THE RIGHT AND HAVING A RADIUS OF 2 , 148 . 79 FEET WHICH IS TANGENT TO THE LAST DESCRIBED COURSE AT THE LAST DESCRIBED POINT , 383 . 53 FEET TO THE POINT OF BEGINNING , EXCEPTING THEREFROM THAT PART DESCRIBED AS FOLLOWS : THAT PART OF THE SOUTHWEST QUARTER OF SECTION 31 TOWNSHIP 36 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER ; THENCE NORTH 00 DEGREES 08 MINUTES 14 SECONDS WEST ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER , 11995 . 75 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE 71 ; THENCE NORTH 71 DEGREES 23 MINUTES 59 SECONDS EAST ALONG SAID ROUTE 71 CENTER LINE , 261 . 12 FEET TO A POINT OF CURVATURE ; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 11 , 459 . 20 FEET WHICH IS TANGENT TO THE LAST DESCRIBED COURSE , 11141 . 60 FEET TO THE INTERSECTION WITH THE CENTER LINE EXTENDED NORTHWESTERLY OF WING ROAD FOR THE POINT OF BEGINNING ; THENCE SOUTH 21 DEGREES 30 MINUTES 13 SECONDS EAST ALONG SAID WING ROAD CENTER LINE , 258 . 05 FEET ; THENCE SOUTH 68 DEGREES 29 MINUTES 47 SECONDS WEST , 200 . 0 FEET ; THENCE NORTH 21 DEGREES 30 MINUTES 13 SECONDS WEST , PARALLEL WITH SAID WING ROAD CENTER LINE , 250 . 0 FEET TO SAID ROUTE 71 CENTER LINE ; THENCE NORTHEASTERLY ALONG SAID ROUTE 71 CENTER LINE , 200 . 16 FEET TO THE POINT OF BEGINNING , IN THE UNITED CITY OF YORKVILLE , KENDALL COUNTY , ILLINOIS , AND ALSO EXCEPTING , THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3 IN TOWNSHIP 36 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN , KENDALL COUNTY , ILLINOIS , DESCRIBED AS FOLLOWS WITH BEARINGS REFERENCED TO THE ILLINOIS STATE PLANE COORDINATE SYSTEM EAST ZONE (NAD83 ) . COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 3 ; THENCE NORTH O1 DEGREE 35 MINUTES 30 SECONDS WEST , 11995 . 04 FEET ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER TO THE CENTER LINE OF A PUBLIC HIGHWAY DESIGNATED IL 71 ; THENCE NORTH 69 DEGREES 55 MINUTES 19 SECONDS EAST , 31 . 52 FEET ALONG SAID CENTER LINE TO THE POINT OF BEGINNING ; THENCE NORTH 69 DEGREES 55 MINUTES 19 SECONDS EAST , 230 . 66 FEET ALONG SAID CENTER LINE ; THENCE NORTHEASTERLY , 940 . 58 FEET ALONG AN 11 , 479 . 02 FOOT RADIUS CURVE TO THE LEFT HAVING A CHORD BEARING NORTH 67 DEGREES 34 MINUTES 29 SECONDS EAST , 940 . 31 FEET ; THENCE SOUTH 22 DEGREES 56 MINUTES 31 SECONDS EAST , 60 . 03 FEET ; THENCE SOUTHWESTERLY , 418 . 10 FEET ON AN 11 , 539 . 02 FOOT RADIUS CURVE TO THE RIGHT HAVING A CHORD BEARING SOUTH 66 DEGREES 16 MINUTES 29 SECONDS WEST , 418 . 08 FEET ; THENCE SOUTH 2 EXHIBIT A - 2 59 DEGREES 24 MINUTES 09 SECONDS WEST , 71 . 10 FEET ; THENCE SOUTH 25 DEGREES 14 MINUTES 24 SECONDS WEST , 60 . 52 FEET ; THENCE SOUTHEASTERLY , 570 . 87 FEET ON AN 875 . 00 FOOT RADIUS CURVE TO THE LEFT HAVING A CHORD BEARING SOUTH 55 DEGREES 22 MINUTES 46 SECONDS EAST , 560 . 80 FEET ; THENCE SOUTH 74 DEGREES 04 MINUTES 13 SECONDS EAST , 274 . 41 FEET ; THENCE SOUTH 64 DEGREES 05 MINUTES 29 SECONDS EAST , 35 . 85 FEET ; THENCE SOUTH 56 DEGREES 49 MINUTES 00 SECONDS WEST , 64 . 56 FEET TO THE CENTER LINE OF A PUBLIC HIGHWAY DESIGNATED IL 126 ; THENCE NORTHWESTERLY , 162 . 08 FEET ON SAID CENTER LINE BEING A 2 , 291 . 64 FOOT RADIUS CURVE TO THE LEFT HAVING A CHORD BEARING NORTH 76 DEGREES 16 MINUTES 12 SECONDS WEST , 162 . 05 FEET ; THENCE NORTH 78 DEGREES 17 MINUTES 46 SECONDS WEST , 357 . 37 FEET ON SAID CENTER LINE ; THENCE NORTH 53 DEGREES 52 MINUTES 46 SECONDS WEST , 96 . 76 FEET TO THE EXISTING NORTHERLY RIGHT OF WAY LINE OF IL 126 ; THENCE NORTHWESTERLY , 297 . 03 FEET ON A 990 . 00 FOOT RADIUS CURVE TO THE RIGHT HAVING A CHORD BEARING NORTH 45 DEGREES 17 MINUTES 03 SECONDS WEST , 295 . 92 FEET ; THENCE NORTH 36 DEGREES 39 MINUTES 21 SECONDS WEST , 23 . 77 FEET ; THENCE NORTH 77 DEGREES 19 MINUTES 38 SECONDS WEST , 84 . 74 FEET ; THENCE SOUTH 69 DEGREES 03 MINUTES 36 SECONDS WEST , 100 . 61 FEET ; THENCE SOUTH 69 DEGREES 55 MINUTES 52 SECONDS WEST , 149 . 98 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SAID IL 71 ; THENCE SOUTH 65 DEGREES 32 MINUTES 40 SECONDS WEST , 113 . 94 FEET TO THE CENTER LINE OF SAID IL 126 ; THENCE NORTHWESTERLY , 119 . 55 FEET ON SAID CENTER LINE BEING A 2 , 170 . 59 FOOT RADIUS CURVE TO THE RIGHT HAVING A CHORD BEARING NORTH 69 DEGREES 20 MINUTES 17 SECONDS WEST , 119 . 54 FEET TO THE POINT OF BEGINNING . 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Y Gc=¢�Se�i5i9Glo pe•@@ L[z w sl @ 586 a 66b e s say°!!¢5a :t:i b°- °- y80� e``-,Xp�' °i1e C 6r p�p B Sbs i�4�@ d E` ;11 EE]Cpgp Y @3@xY�8'}6[� pf ;5a;ei� III, �y=6 Y 3f yay6Pl3 Ce �EYgb 6iip�p6BE[ '¢ 3 6F Y� .p.pd�ifif V 6E yy p{$q$ itlb§e pCtlE°pY]8] A I I 'Y33I§_i6 $3€ 3se�6Imit HHE 9#s X69° 8i @36iibcise!#i:68.; d 3t 6@�� iid 3 to 33iii @E96bii6 is moss 9 n r:exsx as E tl F as �'a = a €. • y8y Es mfi _ s aj ---- Na EXHIBIT "C) B-3 SERVICEBUSINESS DISTRICT THAT PART OF THE WEST HALF OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPALMERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 3; THENCE SOUTH 00 L4'45" EAST,ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3, L284.36 FEET; THENCE SOUTH 89050'00"WEST, 684.42 PEET THENCE NORTH 09030'00"WEST, 59227 FEET; THENCE SOUTH 57033'55" WEST, 327.57 FEET TO THE EASTERLY LINE OF WHIG ROAD; THENCE NORTH 21052`29" WEST, ALONG SAID EASTERLY LINE, 705.85 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 71 FOR THE POINT OF BEGINNING; THENCE SOUTH 21 052'29" EAST,ALONG SAID EASTERLY LINE, L19.0. FEET; THENCE NORTH 68°07'31' EAST, PERPENDICULAR TO SAID EASTERLY LINE, 211.0 FEET; THENCE NORTH 21 052'29"WEST, PARALLEL WITH SAID EASTERLY LINE, 131.87 FEET TO SAID SOUTHERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 71; THENCE SOUTHWESTERLY, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, BEING A CURVE TO THE RIGHT WITH A RADIUS OF 11509.16 FEET, AN ARC DISTANCE OF 211.39 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS AND CONTAINING 0.6060 ACRE. THAT PART OF THE WEST HALF OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 3; THENCE SOUTH 00014'45"EAST, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3, 1284.36 FEET, THENCE SOUTH 89 50'00"WEST, 684.42 FEET; THENCE NORTH 09030'00" WEST, 592.27 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 5703335'WEST, 327.57 FEET TO THE EASTERLY LINE OF WING ROAD; THENCE NORTH 21052'29" WEST,ALONG SAID EASTERLY LINE, 586.85 FEET TO A POINT ON SAID EASTERLY LINE WHICH IS 119.0 FEET (MEASURED ALONG SAID EASTERLY LINE) SOUTHEASTERLY OF THE SOUTHERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 71; THENCE NORTH 68007'31" EAST, PERPENDICULAR TO SAID EASTERLY LIME, 211.0 FEET; THENCE NORTH 21052'29"WEST, PARALLEL WITH SAID EASTERLY LINE, 131.87 FEET TO SAID SOUTHERLY RIGHT-OP-WAY LINE OF ILLINOIS ROUTE 71; THENCE NORTHEASTERLY, ALONG SAID SOUTHERLY RIGHT-O& WAY LINE, BEING CURVE TO THE LEFT WITH A RADIUS OF 11509.16 FEET, AN ARC DISTANCE OF 261.03 FEET TO A LINE DRAWN NORTH 09030'00" WEST FROM TUB POINT OF BEGINNING; THENCE SOUTH 09030'00" BAST, ALONG SAID LINE, 695.72 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS AND CONTAINING 5.6041 ACRES. THAT PART OF THE NORTH 1/2 OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST 114 OF SAID SECTION 3; THENCE SOUTH 0 DEGREES,07 MINUTES, 44 SECONDS WESTAIDNG THE EAST LINE OF SAID SOUTHWEST 1/4, 1284.36 FEET; THENCE NORTH 89 DEGREES, 47 MINUTES, 31 SECONDS WEST, 684.42 FEET; THENCE NORTH 09 DEGREES, 32 MINUTES, 39 SECONDS WEST, 590.03 FEET TO THE SOUTHEAST CORNER OF TRACT OF LAND CONVEYED TO ELSIE BOYD BY A DEED DATED MATCH 25, 1929 AND RECORDED DECEMBER 14, 1938 IN DEED RECORD BOOK 88 ON PAGE 399; THENCE NORTH 09 DEGREES, 05 MINUTES, 46 SECONDS WEST, 748.40 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE TIC. 71; THENCE NORTHEASTERLY ALONG SAID CENTER LING, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 112459.20 FEET AND A RADIAL BEARING OF NORTH 26 DEGREES, 50 MINUTES, 30 SECONDS WEST AT THE LAST DESCRIBED POINT. 627.46; THENCE NORTH 60 DEGREES, 02 MINUTES, 30 SECONDS EAST ALONG SAID CENTER LINE, 332.0 FEET FOR A POINT OF BEGINNING; THENCE SOUTH 12 DEGREES, 27 MINUTES,30 SECONDS EAST,264.0 FEET: THENCE SOUTH 84 DEGREES, 27 MINUTES, 30 SECONDS EAST, 202.0 FEET: THENCE NORTH 0 DEGREES,47MINUTES, 30 SECONDS WEST, 423.02 FEET TO SAID CENTERLINE: THENCE SOUTH 60 DEGREESt 02 MINUTES, 30 SECONDS WEST ALONG CENTER LINE, 291.76 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. THAT PART OF THE NORTHEAST,NORTHWEST AND SOUTHWEST QUARTERS OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EASTOFTHBTHIED PRINCI'ALMERIDLANDESCRIBBDAS FOLLOWS: . COMMENCMGATTHENORTHEASTCORN13R OF SAIDSOUTHWFST QUARTER; THENCE SOUTH OD DEGREES 10 MRWIES 48 SECONDS WEST ALONG THE WT LINE OF SAID SOUTHWESTQUARTER 1284.36 FEET; THENCE SOUTH 89 DEGREES 29 MINUTES 40 SECONDS WEST 680.30 FEET; THENCE NORTH 09 DEGREES 33 MINUTES 27 SECONDS WEST 10.0 FEET FORA POINTOF BEGINNING; THSNCBNORTH 09 DEGREES. 33 MINUTES 27 SECONDS WEST 579.63 FEET TO THE SOUTHEAST CORNER OF A TRACTOF LAND CONVEYED TO ELSIE BOYD BY A DEED DATED MARCH 2501929 AND RECORDED DECEMBER 14, 1938 IN DE13D RECORD BOOK 88 ON PAGE 399; THENCE NORTH 09 DEGREES 05 MINUTES 24 SECONDS WESTALONG THE WT LINE OF SAE) BOYD TRACT 748.57 FEET TO THE CENTERLINE OF ILLINOIS STATE ROUTE NO. 71; THENCE NORTHEASTERLY ALONG SAID CENTER LIMB, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 14 45910 FEET AND A RADIAL BEARING OF NORTH 26 DEGREES 49 MINUTES 16 SECONDS WEST AT THE LAST DESCRIBED POINT 627.46 FEET; THENCE NORTH 60 DEGREES 02 MINUTES 30 SECONDS EAST ALONG SAIL) CENTER LINE 332.0 FEET; THENCE SOUTH 12 DEGREES 27 MINUTES 30 SECONDS EAST 264.0 FEET; THENCE SOUTH 84 DEGREES 27 MINUTES 30 SECONDS EAST 202D FBET; THENCE NORTH OD DEGREES 42 MINUTES 30 SECONDS WEST 423.02 FEET TO SAID CENTER LINE; THENCE NORTH 60 DEGREES 02 MINUTES 30 SECONDS EAST ALONG SAID CENTER LINE 412.69 FEET TO A LINE DRAWN NORTH 00 DEGREES 10 MINUTES 46 SECONDS EAST PARALLEL WITH TILE WEST LINE OF SAID NORTHEAST QUARTER, FROM A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER WHICH IS 598.62 FEET EASTERLY OF THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER: THENCE SOUTH 00 DEGREES 10 MINUTES 48 SECONDS WEST ALONG SAID PARALLEL LINE 880.56 FEET TO SAID SOUTH LINE; THENCE SOUTH 89 DEGREES 34 MINUTES 48 SECONDS WEST ALONG SAID SOUTH LINE 598.62 FEET TO SAID SOUTHWEST CORNER; THENCE SOUTH 00 DEGREES 10 MINUTES 48 SECONDS WEST ALONG SAID EAST LINE 1275.36 FEET TO A LINE DRAWN SOUTH 89 DEGREES 40 MINUTES 33 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 40 MINUTES 33 SECONDS WEST 681.94 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS A PERPETUAL EASEMENT FOR THE OPERATION, MAINTENANCE AND USE OF A SEPTIC FIELD FOR THE BENEFIT OF PARCEL ONE HEREINABOVE DESCRIBED, UNDER AND UPON THE FOLLOWING DESCRIBED PARCEL OF REAL ESTATE CONTIGUOUS TO PARCEL ONE TO WIT: COMMENCING AT THE MOSTNORTHBRLY CORNEROF PARCEL ONE HEREINABOVE DESCRIBED ON THE CENTER LINE OF ILLINOIS STATE ROUTE NUMBER 126; THENCE SOUTH 45 DEGREES 05 MINUTES 49 SECONDS WEST, 47.12 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS STATE ROUTE NUMBER 1262 FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 45 DEGREES 05 MINUTES 49 SECONDS WEST, 105.0 FEET, THENCE NORTH 32 DEGREES 0 8 MINUTES 38 SECONDS WEST, 152.18 FEET; THENCE SOUTH 76 DEGREES 09 MINUTES 49 SECONDS EAST, 5.28 PEE; THENCESOUTH 70 DEGREES 39 MINUTES 49 SECONDS EAST, 158.65 FEET, TO THE POINT OP BEGINNING IN KENDALL TOWNSHIP,ALL IN KENDALL COUNTY ILLINOIS. THAT PART OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 798.60 FEET TO AN OLD CLAIM LINE.. THENCE NORTHERLY ALONG SAD WEST LINE, 1118.27 FEET A POINT OF BEGINNING THENCB SOUTHEASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 28 DEGREES 33 MINUTES 54 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED COUNTERCLOCKWISE THEREFROM, 228.53 FEET; THENCE SOUTHEASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 178 DEGREES I1 MINUTES 35 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED COUNTERCLOCKWISE THEREFROM, 112.67 FEET TO A LINE DRAWN PARALLEL WITH AND 160.0 FEET NORMALLY DISTANT, EASTERLY OF SAID WEST LINE; THENCE SOUTHERLY ALONG SAIL)PARALLEL LINE, 717.44 FEET TO SAID CLAIM LINE; THENCE NORTHEASTERLY ALONG SAD CLAIM LINE, 941.92 FEET TO A POINT ON A LINE DRAWN SOUTHWESTERLY, PERPENDICULAR TO THE CENTERLINE OF ILLINOIS STATE ROUTE NO. 126 FROM A POINT ON SAID CENTERLINE WHICH IS 1049.70 FEET, AS MEASURED ALONG SAID CENTER LINE, SOUTHEASTERLY OF THE INTERSECTION OF SAD CENTER LINE WITH THE CENTER LINE OF ILLINOIS STATE ROUTE 71; THENCE NORTHEASTERLY TO SAID POINT ON SAID CENTER LINE OF ILLINOIS ROUTE 126 AFORESAID; THENCE NORTHWESTERLY ALONG SAID ROUTE 126 CENTERLINE AND TO SAID ROUTE 71 CENTER LINE; THENCE SOUTHWESTERLY ALONG SAID ROUTE 71 CENTER UNB, 30.58 FEET TO SAID WEST LINE; THENCE SOUTHERLY ALONG SAID WEST LINE, 78.83 FEET, TO THE POINT OF BEGINNING(EXCEPTING THEREFROM THAT PART OF THE SOUTHWEST 114 OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 BAST OF THE THIRDPRINCHPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT HE SOUTHWEST CORN ROF SAID SECTION. 3; THENCENORTH 00 DEGREES 00 MINUTES 38 SECONDS EAST, ON A BEARING REFERENCED TO AN ASSUMED NORTH, 1925.21 FEET ON THE WEST LINEES SAID SOUTHWEST 1/4; THENCE SOUTH 89 DEGREES 59 MINUTES 22 SECONDS EAST 58.55 FEET 7O THE EXISTING OF SOUTHEASTERLY RIGHT OF WAY LINE-OF A.F.AB. ROUTE 311 (ILROUTS 71)AND THE POINT OF BEGINNING; THENCE NORTH 72 DEGREES 34 MINUTES 00 SECONDS EAST 35.28 FEET ON SAID SOUTHEASTERLY RIGHT OF WAY LINE TO THE SOUTHERLY RIGHT OF WAY LINE OF S.BI. ROUTE 66 (IL ROUTE 126); THENCE SOUTH 70 DEGREES 08 MINUTES 35 SECONDS EAST 125.66FEET ON SAID SOUTHERLY RIGHT OF WAY LINE; THENCE NORTH 81 DEGREES 09 MINUTES 04 SECONDS WEST 51.85 FEET, THENCE NORTH 76 DEGREES 30 MINUTES 40 SECONDS WEST 103.47 FEET TO THE POINT OF BEGINNING), IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. THAT PARTOF THE SOUTHWEST 114 OF SECTION 39 TOWNSHIP 36 NORTH,.RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUT11WESTU4; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SOUTHWEST 114, 798.60 FEET TO AN OLD CLAIM LINE FOR A POINT OF BE GINNING; THENCE NORTHERLY ALONG SAID WEST LIN% 1118.27 FEET; THENCE SOUTHEASTERLY ALONG A LINE WHICH FORMS AND ANGLE OF 28 DEGREES 33 MINUTES 54 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURE)COUNTERCLOCKWISE THEREFROM,22853 FEET; THENCE SOUTHEASTERLY ALONG LINE WHICH FORMS AN ANGLE OF 178 DEGREES 11 MINUTES 35 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED COUNTERCLOCKWISE THBREFROM, 112.67 FEET TO ALINNE DRAWN PARALLEL WITH AN) 160.0 FEET NORMALLY DISTANT, EASTERLY OF SAID WEST LINES THENCE SOUTHERLY ALONG SAID PARALLEL LINE, 717.44 PEBT T'O SAID CLAIM LINE; THENCE SOUTHWESTERLY ALONG SAID CLAIM LINE, 188-42 FEET TO THE POINT OF BEGINNING, IN K13NDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER 1995.6 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 71; THENCE NORTHEASTERLY ALONG THE SAID CENTER LINE OF ILLINOIS ROUTE 712 1411.3 FEET TO THE CENTER LINE EXTENDED NORTHWESTERLY OF THE PUBLIC ROAD RUNNING SOUTHEASTERLY FROM SAID ILLINOIS ROUTE 71, COMMONLY KNOWN AS WINO ROAD; THENCE SOUTHEASTERLY ALONG TILE EXTENDED CENTERLINE AND THE CENTER LINE OF SAID PUBLIC ROAD,BEING ALONG A LINE THAT FORMS AN ANGLE OF 93 DEORE13S 25' TO THE RIGHT WITH THE PROLONGATION NORTHEASTERLY OF THE TANGENT TO THE CENTERLINE OF SAID ILLINOIS ROUTE 71 AT THE LAST DESCRIBED POINT, 761 FEET FOR THE POINT OF BEGINNING; THENCE SOUTHWESTERLY ALONG A LINE THAT FORMS AN ANGLE OF 79 DEGREES 47' TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED LINE 265.6 FELT TO THE CENTER LINE OF ILLINOIS ROUTS 126; THENCE SOUTHEASTERLY ALONG SAID CENTER LINT OF ILLINOIS ROUTE 126 TO THE CENTER LINE OF THE EASTERLY FORK OF THE PUBLIC ROAD AFORESAID WHICH RUNS SOUTHIEASTERLy FROM SAID ILLINOIS ROUTE 71; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID PUBLIC ROAD TO THE POINT OF BEGINNING; TO THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. GRANTEE HEREBY ASSUMES AND AGREES TO PAY THE UNPAID BALANCE ON THE EXISTING MORTGAGE RECORDED IN BOOK PAGE , THE DEBT SECURED THEREBY AND ALSO HEREBY ASSUMES -THE OBLIOATIONS UNDER THE TERN OF THE INSTRUMENTS CREATING THE LOANS DOCUMENT N0. 79-1053. THAT PART OF THE SOUTHWEST QUARTER OF SECf'ION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE - NORTH 00 DEGREES 08 MINUTES 14 SECONDS WESTAL.ONG-THE WEST LINE OF SAID SOUTHWEST QUARTER, - 1,995.75 FEET TO THE CENTERLINE OF ILLINOIS STATE ROUTE N0. 71; THENCE NORTH 71 DEGREES 23 MINUTES 59 SECONDS EAST ALONG SAID CENTER LINE 30.45 FEET TO THE POINT OF INTERSECTION OF SAID CENTERLINE WITH CENTER LINE OF ILLINOIS STATE ROUTE NO 126 FOR THE POINT OFBEGINNING; THENCE NORTH 71 DEGREES 23 MINUTES 59 SECONDS EAST ALONG SAID ROUTE 71 CENTER LINE 230.67 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A CURVE TO-THB. LEFT HAVING A RADIUS OF 11,459.20 FEET WHICH IS TANGENT TO THB LAST DESCRIBED COURSE AT THE LAST DESCRIBED POINT AT THE LAST DESCRIPTION POINT, 1,141.60 FEET TO THE INTERSECTION WITH TEH- CENTER LINE EXTENDED NORTHWESTERLY OF WING ROAD; THENCE SOUTH 21 DEGREES 30 MINUTES 13 SECONDS EAST ALONG SAID WING ROAD CENTERLINE 761.0 FEET: TTMNCE SOUTH 58 DEGREES 16 MINUTES 47 SECONDS WEST 265.35 FEET TO SAID ROUTE 126 CENTER LINE; THENCE NORTHWESTERLYALONG SAID ROUTE 126 CENTER LINE BEING ALONG A CURVE TO THE LEFT AND HAVING A RADIUS OF 2,292.01 FEET WHICH IS TANGENT TO A LINE DRAWN NORTH 72 DEGREES 57 MINUTES 06 SECONDS WEST FROM THE LAST DESCRIBED POINT 147.93 FEET; THENCE NORTH 16 DEGREES 38 MINUTES 49 SECONDS WEST ALONG SAID ROUTE 126 CENTERLINE 850.98 FEET; THITICE NORTHWESTERLY ALONG SAID ROUTE 126 CENTERLINE BEING ALONG A CURVE TO THE RIGHT AND HAVING A RADIUS OF 2,148.79 FEET WHICH IS TANGENT TO THE LAST DESCRIBED COURSE AT THE LAST DESCRIBED POINT,383.53 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PART DESCRIBED AS FOLLOWS: THAT PART OF TEE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 36-NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE-SOUTHWEST CORNEROF SAID SOUTHWEST QUARTER; TTENCBNORTH 00 DEGREES 08 MINUTES 14 SECONDS WESTALONG -THE WEST LINE OF SAID SOUTHWEST QUARTER 1995.75 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE 71; THENCE NORTH 71 DEGREES 23 MINUTES 59 SECONDS BAST ALONG SAID ROUTE 71 CENTER LINE 261.12 FRET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 15,459.20 FEET WHICH IS TANGENT TO THE LAST-DESCRIBED COURSE 1141.60 FEET TO THE INTERSECTION-WITH THE CENTERLINE EXTENDED NORTHWESTERLY OF WING ROAD FOR THE POINT OF . BEGINNING(THENCE SOUTH 21 DEGREES 30 MINUTES 13 SECONDS EAST ALONG SAID WING ROAD CENTER LINE 258.05 FEBT THENCE SOUTH 58 DEGREES 29 MINUTES 47 SECONDS WEST 20D.0 FEET, THENCE NORTH 21 DEGREES 30 MINUTES 13 SECONDS WEST PARALLEL WITH SAID WING ROAD CENTER LINE 250.0 FEET TO SAID ROUTE 71 CENTER LINE; THENCE NORTHEASTERLY ALONG SAID ROUTE71 CENTERLINE 200.16 FEET TO THE POINT OF BEGINNING, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, (ILLINOIS, AND ALSO EXCEPTINO, THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3 IN TOWNSHIP 38 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY,ILLINOIS, ZANE ( DRSCRED AS NAD83)B : FOLLOWS WITH BEARINGS REFERENCED To THE ILLINOIS STATE PLANE COORDINATE SYSTEM EAST COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 114 OF SAID SECTION 3; THENCE NORTH 01 DEGREE 35 MINUTES 30 SECONDS WEST, 1,995.04 PEST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4 TO THE CENTERLINE OF A PUBLIC HIGHWAY DESIGNATED IL 71; THENCE NORTH 69 DEGREES 55 MINUTES 19 SECONDS EAST, 31.52 FEET ALONG SAID CENTERLINE TO THE POINTOF BEGINNINGYROM THE POINT OF BEGINNING., THENCE NORTH 69 DEGREES 55 MINU1'B,S 19 SECONDS EAST,CURVE FEET ALONG SAID CEN7ERIBNB; THENCE NORTHEASTERLY, 940.56 FEETAIANG AN 11,479.02 FOOT RADIUS CURVE TO THE LEFT HAVING A CHORD BEARING NORTH 67 DEGREES 34 MINUTES 29 SECONDS BAST, 940.31 FEET' SOUTH 22 DEGREES 56 MINUTES 31 SECONDS EAST, 60.03 FEET; THENCE SOU 4I8.10 FEET ON AN 11,539.02 FOOT RADIUS CURVE T'0 THE RIGHT HAVING A CHORD BEARING SOUTH 66 DEGREES 16 MINUTES 29 SECONDS WEST, 418,08 FEET; THENCE SOUTH 59 DEGREES 24 MINUTES 09 SECONDS WEST, 71.10 PERT; THENCE SOUTH 25 DEGREES 14 MINUTES 24 SECONDS WEST, 60.52 FEET; THENCE SOUTHEASTERLY, 570.87. FEET ON AN 675.00 FOOT RADIUS CURVE TO THE LEFT HAVING A.CHORD BEARING SOUTH 55 DEGREES 22 MINUTES 46 SECONDS BAST, 560.80 FEET; THENCE SOUTH 74 DEGREES 04 MINUTES 13 SECONDS EAST. 274.41 FEET; THENCE SOUTH 64 DEGREES OS MINUTES 29 SECONDS BAST,SOUTH FEET; THENCE SOUTH 55 DEGREES 49 MINUTES OOSECONDS WEST, 6456 FEET TO THE CENTERLINE OF A PUBLIC HIGHWAY DESIGNATED-H. 126; THENCE NORTHWESTERLY, 162.08 FEET ON SAID CENTERLINE BEING A 2,29L64 FOOT RADIUS CURVE TO TI.B LEFT HAVING A CHORD BEARING NORTH 76 DEGREES 16 MINUTES 12 SECONDS WEST, 162.05 FEET, THENCE NORTH 78 DEGREES 17 MINUTES 46 SECONDS WEST, 35737 FEET ON SAID CENT I RLIN$ THBNCENOR7H 53 DEGREES 52 MINUTES 46 SECONDS WEST, 96.76 FEETTO THE EXISTING NORTHERLY RI ERLIN WAY LINE OF 11, 1 53 THENCE NORTHWESTERLY, 297.03 FEET ON A 990.00 FOOT RADIUS CURVE TO THE RIGHT HAVING A CHORD BEARING NORTH45 DEGREES 17 MINUTES 03 SECONDS WEST, 295.92 FEET TBENCENORTH 36 DEGREES 39 MINUTES 21 SECONDS WEST, 23.77 FM; THENCENORTH 77 DBUREES 19 MINUTES 36 SECONDS WEST, 64.74 FEET; THENCE SOUTH 69 DEGREES 03 MINUTES 36 SECONDS WEST 100,61 FEET THENCE SOUTH 69 DEGREES 55 MINUTES 52 SECONDS WEST, 149.98 FEET To THE SOUTHERLY RIGHT OF WAY LINE OF SAID IL 71; THENCE SOUTH 65 DEGREES 32 MINUTES 40 SECONDS WEST, 113.94 FEET TO THE CENTERLINE OF SAE) E, 126; THENCE NORTHWESTERLY, 119.55 FEET ON SAID CENTERLINE BEING A 2,170.59 FOOT RADRIS CURVE 1b THE RIGHT HAVING A CHORD BEARING NORTH 69 DEGREES 20 MINUTES 17 SECONDS WEST, 119.54 FEET TO THE POINT HE RI IT HA THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER THENCE NORTH 07344"EAST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 1236.84 FEET TO A POINT ON SAID EAST LINE WHICH IS 1284.36 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 89°4731" WEST, 684.42 FEET; THENCE NORTH 09032'39" WEST, 590.03 FEET TO THE SOUTHEASTCORNER OF A TRACT OF LAND CONVEYED TO ELSIE BOYD BY DEED DATED MARCH 25, 1929 AND RECORDED DECEMBER 14, 1938 IN DEED RECORD 88 ON PAGE 399, FOR THE POINT OF BEGINNING; THENCE SOUTH 5705856" WEST ALONG THE SOUTHERLY LINE OF SAID BOYD TRACT AND SAID SOUTHERLY LINE EXTENDED 352.89 FEET TO THE CENTER LINE OF WING ROAD; THENCE SOUTH 21028'35" EAST ALONG SAID CENTERLINE 131 .00 FEET; 'HTENCE NORTH 57058'56" EAST PARALLEL. W IT14 SAID SOUTHERLY LINE 323,58 FEET TO A POINT WHICH IS SOU'1H 09032'39" EAST, 139.37 FEET FROM THE POINT OF BEGINNING; THENCE NORTH 09032'39" WEST, 139.37 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. THATPART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTCORNER OF SAID SOUTHWEST QUARTER; TTIENCENORTH ALONG THE WEST LINE OF SAID SOUTHWESTQUARTER 1995.6 FEET TO THE CENTERLINE OF ILLINOIS ROUTE 74 THENCE EASTERLY ALONG SAID CENTER LINE 32.2 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 126; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE OF ILLINOIS ROUTE 126, 1049.7 FEET FOR THE POINT, OF BEGINNING; THENCE SOUTHWESTERLY AT RIGHT ANGLES TO SAID CENTER LINE, 339.9 FEET TO AN OLD CLAIM LINE; THENCE NORTHEASTERLY ALONG SAID OLD CLAIM LINE WHICH MAKES AN ANGLE OF 44.21' (MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE) 468.6 FEET TO THE CENTER LINE OF SAID ILLINOIS ROUTE 126; THENCE NORTHWESTERLY ALONG SAID CENTER LINE 328.1 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. EXCEPT THEREFROM THE BBLOW DESCRIBED PARCEL: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNS" 36 NORTH, RANGE 7 EAST OF TAE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS WITH BEARINGS REFERENCED TO THE ILLINOIS STATE PLANE COORDINATB SYSTEM EAST ZONE (NAD83): COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE NORTH 01 DEGREE 35 MINUTES 30 SECONDS WEST, 1,995.04 FEET ALONG THE WEST LINE OF THE SOUTHWEST QUARTEROF SAID SECTION 3 TO THE`CENT'BRLJNE OF PUBLIC HIGHWAY DESIGNATED IL 71; THENCE NORTH 69 DEGREES 55 MINUTES 79 SECONDS EAST, 31.52 FEETALONG SAID CENTERLINE TO THE CENTERLINE OF A PUBLIC HIGHWAY DESIGNATED IL 126; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE, 399.15 FEET ALONG A 2,170.59 FOOT RADIUS CURVE TO THE LEFTHAVING A CHORD HEARING OF SOUTH 73 DEGREES 01 MINUTE 41 SECONDS EAST, 398.58 FEET THENCE SOUTH 78 DEGREES 17 MINUTES 46 SECONDS EAST, 649.36 FEET ALONG SAID CENTERLINE TO THE POINT OF BEGINNING. FROM THE POINT OF BEGINNING,THENCE SOUTH 78' DEGREES 17 MINUTES 46 SECONDS EAST, 172.16 FEET ALONG SAID CINTERI.WE; THENCE SOUTHFAST13RLY ALONG SAID CENTERLINE, 162-09 FEET ALONG 2,291,64 FOOT RADIUS CURVE TO THE RIGHT HAVING CHORD BEARING OF SOUTH 76 DEGREES 16 MINUTES 12 SECONDS EAST, 162.05 FEET; THENCE SOUTH 56 DEGREES 32 MINUTES 11 SECONDS WEST, 65.63 FEET; THENCE NORTH 74 DEGREES 04 MINUTES 13 SECONDS WEST, 5.13 FEET; THENCE NORTH 65 DEGREES 29 MINUTES 14 SECONDS WEST, 50.57 FEET, TO THE SOUTHERLY RIGHT OF WAY LINE OF IL 126; THENCE NORTHWESTERLY, 61.11 FEET ON SAID RIGHT OF WAY LINE BEING ON A 2,251.64 FOOT RADIUS CURVE TO THE LEFT HAVING A CHORD BEARING OF NORTH 77 DEGREES 31 MINUTES 09 SECONDS WEST, 61.11 FEET; THENCE NORTH 78 DEGREES 17 MINUTES 46 SECONDS WEST, 17227 FEET ALONG SAID SOUTH RIGHT OF WAY LINE; THENCE NORTH I I DEGREES 52 MINUTES 19 SECONDS HAST, 40.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.297 ACRE MORE OR LESS, OF WHICH 0.290 ACRE,MORE OR LESS, IS LYING WITHIN PUBLIC ROAD RIGHT OF WAY, SITUATED IN THE COUNTY OF KENDALL AND STATE OF ILLINOIS, HEREBY RELEASING AND WAVING ALL RIGHTS UNDER AND BY VIRTUE OF THE HOMESTEAD EXEMPTION LAWS OF THE STATE EXHIBIT "C-1" Windmill Farms - B-3 Service Business Permitted Uses This exhibit lists all permitted uses within the B-3 Service Business District as they exist in the current Zoning Ordinance. Uses excluded and not permitted by this Agreement are crossed out as follows: O OFFICE DISTRICT (0) Advertising agency. Bank (allowable by provisions of Windmill Agreement) Barber shop. Beauty shop. Bookkeeping service. Coffee shop. College, university or junior college. Commercial school, trade school - offering training in classroom study. Detective agency. Employment office. Engineering office. Government office. Income tax service. Insurance office. Library. Manufacturing agent's office. Medical clinic. Park. Professional offices. Public accountant. Real estate office. Stenographic service. Stock broker. Telegraph office. T40-p' Cep Title company. Travelagency. Utility office. (Ord. 1973-56A, 3-28-74) Special Uses Solid waste a " 1 site in a 1973 56A, z 74 1974 ; amd OFd 1995 20 o 10 LIMITED BUSINESS DISTRICT (B-1) All uses permitted in the O district. Antique sales. A entom single f. ily 1 .1 in busifiess buildings- Bakery - retail. Barbershop. Beauty shop. Bookstore. Cafeteria (diner). Camera shop. Church or other place of worship. Clothes - pressing and repair. Club m=vati i n?cc:. Club c»deer. Community center. Dressmaker - seamstress. Drugstore. Florist sales. Fruit and vegetable market - retail. Gift shop. Grocery store - supermarket. Gymnasium. Health food store. Hobby shop. Hospital (general). Hospital or treatment center. Household furnishing shop. Ice cream shop. Jewelry - retail. Laundry, cleaning and dyeing - retail. Library. Njag xvxrr6�¢Saro-a.co¢ o.xc:'.,.,.»..... Meat market. Medical clinic. Mortuary - funeral home. Park. Photography studio. Playground. Post office. Professional building. Recreation center. Restaurant. Shoe and hat repair. Substation.. Swimming pool - indoor. Tennis club - private or daily fee. Trailef. (04 19:73 56A, 3 _ ; 2009 41 , 7 22 2009) GENERAL BUSINESS DISTRICT (B-2) All uses permitted in the O and B-1 Districts. Appliances - sales. Army/Navy surplus sales. Art gallery - art studio sales. Art supply store. Automatic food service. Automobile accessory store. Automobile rental. Bicycle shop. Billiard parlor. Blueprint and photostat shop. BevAing alley. Carry-out food service. Catalog sales office. Clothing store - all types. Manse hall- Department store. Discount store. Drygoods store - retail. Floor covering sales. Furniture sales - new/used. Hardware store. Health club or gymnasium. Hotel. Interior decorating studio. Junior department store. Leather goods. Locksmith. Motel. Music, instrument and record store. Newspaper publishing. Office equipment and supply sales. Paint/wallpaper store. Personal loan agency. Pet store. Picture frame store. Radio and television studios. Re&eing salon, massear and steam bath. Sporting goods. Stationery. Taxidermist. Theater. Toy store. Typewriter - sales and repair. Variety store. Watch and clock sales and repair. Weaving and mending - custom. (Ord. 1973-56A, 3-28- 1974; amd. 1994 Code) SERVICE BUSINESS DISTRICT (B-3) All uses permitted in the B-2 district. Agricultural implement sales and service. Appliance - service only. Automotive sales and service. Beat sales. Building material sales. Business machine repair. Car wash without mechanical repair on the premises. Catering service. Daycare (allowable by provisions of Windmill Agreement) Drive-in restaurant. Electrical equipment sales. Feed and grain sales. Frozen food locker. Furniture repair and refinishing. Gasoline Filling Station (allowable by provisions of Windmill Agreement) Golf driving range. Greenhouse. Kemiel. Miniature golf. Motorcycle sales and service. Nursery. Orchard. Park - commercial recreation. Plumbing supplies and fixture sales. Pump sales. Recreational vehicle sales and service. Skating gird- Spefts� T, ab . Tennis court - indoor. TTY T-411sk rental T4vaek sales eaid Upholstery shop. v Veterinary clinic. (Ord. 1973-56A, 3-28- 1974; amd. Ord. 1986-1 , 1 -9- 1986; Ord. 1988-7, 4-14-1988; Ord. 1995- 19, 8-10-1995; Ord. 1998-21 , 6-25-1998; Ord. 2005-58, 7-12- 2005) EXHIBIT "D" R-4 GENERAL RESIDENCE DISTRICT THAT PART OF THE SOUTHWEST 114 OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTH 0 DEGREES 08 MINUTES 09 SECONDS WEST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 798.60 FEET TO AN OLD CLAIM LINE, THENCE NORTH 57 DEGREES 59 MINUTES 05 SECONDS EAST ALONG SAID OLD CLAIM LINE 299 .00 FEET FOR A POINT OF BEGINNING, THENCE SOUTH 1 DEGREE 51 MINUTES 32 SECONDS WEST, 402.10 FEET; THENCE SOUTH 59 DEGREES 55 MINUTES., 25 SECONDS EAST, 256.51 FEET; THENCE NORTH 59 DEGREES 55 MINUTES 25 SECONDS EAST 355.65 FEET; THENCE NORTH 62 DEGREES 43 MINUTES 29 SECONDS EAST, 853.57 FEET; THENCE NORTH 33 DEGREES 24 MINUTES 40 SECONDS EAST,. 542.27 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NUMBER 126; THENCE NORTHWESTERLY ALONG SAID CENTER LINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 2292 .01 FEET AND A RADIAL BEARING OF SOUTH 29 DEGREES 23 MINUTES 51 SECONDS WEST AT THE LAST DESCRIBED POINT, 358.41 FEET TO A POINT WHICH IS 151 .00 FEET, AS MEASURED ALONG SAID CENTER LINE, SOUTHEASTERLY OF THE INTERSECTION OF SAID CENTER LINE AND SAID OLD CLAIM LINE; THENCE SOUTH 45 DEGREES 05 MINUTES 49 SECONDS WEST, 265 .70 FEET; THENCE SOUTH 73 DEGREES 54 MINUTES 28 SECONDS WEST, 10186 FEET; THENCE SOUTH 84 DEGREES 11 MINUTES 54 SECONDS WEST, 280.96 FEET; THENCE NORTH 32 DEGREES 00 MINUTES 55 SECONDS WEST, 24. 19 FEET TO SAID OLD CLAIM LIRE; THENCE SOUTH 87 DEGREES 59 MINUTES 05 SECONDS WEST ALONG SAID OLD CLAIM LINE 789.92 FEET TO THE POINT OP BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. EXHIBIT WINDMILL FAR1Vln7. YFN�ru� w „xMp> i Yorkville, Illinois LOT LOT - sexnvm=A •!JG / Damns.. LOTS NbM�4F •� _—__. mcXF.NNA rvsTALur M C OTT Owe A-i sr. '" '� isiuumo�mm LOT) erzor�oen T „ '.� 1 1 L&DBOWNAN TRUST ,c LOTS _ C TED ATA SI ' Lora ,\usranmm i°� -� i DEAINVARDRE LOT ru s umsurnnvvw s °'' �1A.. r h, -"•O Llvsuelu •+r��m �,. s, u PDD LOT 15 �\ f \r ` _ 6dn5 f� )A W m aovm¢o L OT 16 Si u5 PaOVIDm 9' \\ _. LOT 11 OQQC+I n sruds wnxn C +s rurs rncrvmm +ter Lora , k3� f's" � � Et U'❑a Oln ..v L.,x.. ecax ronu� . \ 'q i�,. \ •i i $, GEORGE E. ' 171, BLOCK a o < yr Ck DWYER BJ imv �J t\ A � LOT 1 LoT o — .: .. s.r LO 13 IOT1� LOT M \� 5frsr.ussaomom �� ,a arws eeovmm GDLRP CONCEPTUAL ffi T.S LOT R.Z PUD PLAN LOT'! RDITAIO w a 1 \' iwrsr.�uaao. 5LBIVISIN WT21 ovEewmer: `apoo SF pc[nesiwCtEn R2PUD nAILa IGwNw TOWN DOMPS eVELWfA' a asmu f.. JAKE LAND GROUP ;cEmcon Ica. I = _ 331165a t o .. ....._.._... nainreiq iii snsaO°`p SduppcDeignAssatlwra,Lic an,rr^ear.ra r M MCI 101 Mv l EXHIBIT F Design Ouicl�!hi, s Si+e ?Lua inir}y Pvinciples Site Planning Pri ic1131es The Site Planning Principles address issues that affect the way that individual sites should be developed in order to blend in with the existing character of tl?e City. PRINCIPLE 4: Incorporate existing site conditions into development plans PRINCIPLE 5: Provide a sense of architectural interest and unique identity throughout the city PRINCIPLE 6: Enhance pedestrian experience and establish sense of place through careful design and location of open spaces PRINCIPLE 7: Thoughtful consideration of vehicular and pedestrian circulation within individual developments PRINCIPLE 8: Appropriate design of parking lots, utilities, service areas and detention areas to reduce the negative impact of typically unattractive site components ® Desirable Elements: The following elements shall be incorporated into development within the City: • Richness of building surface and t e texture 7 to Articulated mass and bulk i � .. • Clear visibility of entrances Well organized commercial signage • Landscaped and screened parking :7 • Special paving identifying _ r ' intersections and crosswalks • 'r 9sd,' k , Pedestrian friendly streetscapes � � �'e and open spaces _- Thoughtful consideration of , z circulation _ ® Screening of mechanical . equipment, service areas, parking Richness of building materials creates visual interest lots and any undesirable elements • Step-down of building scale along pedestrian routes and building entrances a W f a Recognition of building hierarchy ' • Formal entry plazas and M - r courtyards • Detention used as an amenity • Existing trees incorporated into development • Multi-planed, pitched roofs • Roof overhangs and arcades • Provide defined entrance roads into developments and provide adequate vehicle storage bays at egress drives Landscaping softens the view of parking limited City of Yorkville. Gompp%akensive Land Use Pian Update 9 EXHIBIT F Desigi, Cuidelines Site planniily PAIAC-iples • Undesirable Elements: The following elements are discouraged in developments within the City: ® Concrete detention basins ® Large, blank, unarticulated wall surfaces Visible outdoor storage, loading, equipment and mechanical areas avoid large expanses of parking lots Disjointed parking areas and confusing circulation patterns • Large expanses of parking/asphalt r; Service areas near major entries and/or that are easily visible from roadway • Poorly defined site access points • Large "boxlike" structures Avoidlarge blank wallsudaces PRINCIPLE 4: Incorporate existing site conditions into development plans New development shall protect the existing environmental features throughout the City and minimize the impact of the development on the site and the surrounding land. • Drainage Patterns f Proposed site plans shall incorporate existing x4�'ss drainage patterns on site in an effort to avoid y ` ` significantly altering the manner in which drainage f, flows offsite. At the time of site plan submittaIto the City, a drainage and detention plan must be `% ' submitted. The location and type of drainage Drainage swale Wilizes natural drainage patterns facilities must be shown. • Topography and Soils • Minimize cut and fill on site to reduce effects upon the natural drainage pattern and natural character of the site. ® Minimize disturbance in areas of significant existing vegetation. If necessary for site development, consider using tree wells and retaining walls to preserve existing trees where possible. ini Work with existing topography to avoid large cut and fill LAvritecl City of 'Iowkville COMPIAallehsive Land Use bias" l/rdafa 10 EXHIBIT F Design Guidelines Site Planning T'rinciples Development on unsuitable soils is prohibited. Incorporate unsuitable soils into an open space component of the site plan. Stockpile top soil for later use in landscape areas . ® Vegetation Preserve existing trees Every effort should be made in the planning process to incorporate quality, existing trees r into the site plan design- Any ` quality, existing tree that occurs within the specific buffer yard as j required per PRINCIPLE 9 shall remain undisturbed and be protected as part of the landscape buffer. Preservation of existing vegetation as buffer PRINCIPLE 5• Provide a sense of architectural interest and unique identity throughout the C The Architectural standards are provided to preserve and guide gN m e� the character of architecture throughout the City while allowing da ,w ,\\\\ i for individual architectural interpretation. All architectural a proposals must be compatible with the vernacular of the northern Illinois region. In order to ensure compliance with the following architectural guidelines, the City requires that building NO elevations, plans, materials samples, color samples and illustrations be submitted for review and approval prior to the commencement of building construction. ® Buildings ' Bud creates orientation creates central open Orientation space on axis with the main entry drive • Building orientation should take advantage of the building to site relationship. The orientation and location of buildings defines open spaces and circulation corridors. u, Aliun focal architectural elements along major view or circulation axis. rte- ° ` Define pedestrian spaces and k streetscapes with building orientation. Orient primary buildings on axis and use as focal points LIrllfe,d Gfy of Yovkville, Gowmpve'kensive- Lnvxd Use. Pla11 Llpdafe EXHIBIT F Desiav� 6wdelines ,Site Plar�hing P� inciples Create view corridors between buildings, plazas, courtyards and adjacent _ buildings. i ooc rev crzwM. GOOD>a 1 Create pedestrian spaces �� _ i I o , � N G ID and plazas by varying +`Gn building facades. ® Cluster buildings whenever POiN YARDA n� G possible, creating opportunities for plazas and Residential building orientation creates pedestrian malls. Prevent private, intimate backyard space long, linear facades from dominating the view. M Buildings adjacent to Routes 47, 71 and 126 must face the primary roadway. No service y poonm orcx sroccs a„} wl ti�- _,$' L.aaF ` access, storage, etc. is �3 ILI allowed to face Routes : u ,. �z �_ 47, 71 and 126. ® Develop sites in a R�o., comprehensive and 5 coordinated manner to Z - � . ]D -, provide order and r yr ; r ,F-. compatibility (especially in the case of large sites Building orientation can define main activity areas which will be developed in phases). The exterior character and orientation of all buildings and the spaces they define should encourage and enhance pedestrian activity. ® Attention should be given to the quality and usability of the outdoor spaces formed by the exterior of a dwelling and adjacent dwellings. Avoid --" locating the private area of one dwelling adjacent to the public area of an adjacent dwelling. Rear and side facades should incorporate architectural design elements Unifed Gift' of YopAkville Gompreinensive Land Llse Plan Vpdcafe " 2 EXHIBIT F Design Guidelines 5i+e planning Pwinciplas In multi-family residential developments, buildings should be oriented to create functional outdoor spaces. In residential neighborhoods, consideration should also be given to the yaws from adjacent dwellings and public spaces. ® Facades Building facades should achieve a high level of visual interest when viewed from automobile and pedestrian vantage points. In residential developments, front yards and porches should be used to create a sense of r '•- place and community. ® Natural stone and masonry materials are to be used on the lower portions of buildings to create ` a visual anchor to the ground and provide ;< = interest at the pedestrian level. ® Vary the planes of exterior walls in depth and/or _ direction. Awnings along facade Wall planes shall not run in a continuous direction more than 65 feet without an offset Rte, of at least 3 feet. n � Wall planes of more than 20 feet high are r` t prohibited without incorporating meaningful techniques, such as awnings or a change in building material, to break up the perceivedO� building mass. Awnings are encouraged along facades to provide color, shade and architectural interest. Where awnings are used along a T ^ row of contiguous buildings, a consistent form , material, color, location and mounting .-,,...... or,., arrangement must be used. Awnings should be located to provide a 1, consistent minimum 8 feet vertical clearance, with a maximum generally not to exceed 12 - feet. ® Colors of awnings must complement the Awnings provide pedestrian scale element buildings. LAnitecl City of Yoyl<ville. Compvekensive .Laved Use Plan Upcla+e h EXHIBIT F Design CiL4idehnas Site Planning 'f�rinciplas • Incorporate the awnings along with any signage to provide a ' uniformly designed building r 7 .i fapade. • Signs on awnings are permitted. - - • Internally illuminated awnings are prohibited. Carage doors oriented to side • Awnings and canopies may be made of sheet metal or canvas membrane. Plastic or vinyl awnings are not permitted. ° In new residential neighborhoods, houses shall not repeat the same elevations without two lots of separation. Houses across the street from each other and back-to-back corner lots shall not be of the same elevation. ° In residential areas, garages should not dominate the street view. Rather, provide parking and garages to the side or rear of lots or set the garage face back from the primary fapade of the house. Avoid allowing the garage to become the primary architectural feature. • Roof Treatment Rooftops should be considered ,g si important design elements as viewed , from a variety of vantage points such f' as at ground level, from other buildings and from adjacent perimeter roadways. A well-composed _ °roofscape" achieves an interesting skyline without becoming overly busy i . or contrived. Roof forms should serve as natural transitions from the ground VOI level to intermediate masses to the v _ ' r tallest masses and back to the Variation in roof treatments creates an interesting Yootscape' ground. Form should also be interesting when seen from above in adjacent buildings. ® Materials & Colors Visual continuity in major building materials and colors is desired throughout the City. Specific criteria include the following: • Material samples of all proposed buildings must be provided for review and be approved by the City. • Materials should be consistent with the Community Character principles outlined in these guidelines. Vvrifed Otk of Yorkville Gomprellensive Lawca Llse Plan tilpda+e '14 EXHIBIT F Design GUldellne.s Si+e Planning Principles • Wall materials that are muted, earth tone in color and ' have texture are to be used. a r Ail • Reserve the use of strongly contrasting materials and I ' 'FLIFOI Y, colors for accents, such as building entrances, railings ' and trim . Avoid an excessive variety of facade t�- materials. low • Avoid using highly reflective materials and surfaces, such as polished metal, that generate glare, particularly at the pedestrian level. dft s • Materials which may be incorporated include: native stone, brick, stucco and textured concrete. Alternative materials that achieve similar looks and are of high 6 quality and low maintenance may be considered. m-Ft_ 'I • Common materials shall be located on all sides of the IF — building with the exception of service areas not visible from a public street. Varying rooilme breaks up tong expanse of building facade • Coordinating materials within a development can tie together buildings of different sizes, uses and forms. • In new residential neighborhoods at the time of initial building permit, houses shall not be the same color unless there are at least two lots of separation. Houses across the street from each other are not permitted to be the same color. • Use contrasting but compatible building materials and textures to unify exterior building elements and to create depth, proportion and scale. • In residential developments, buildings should complement each other by using materials and colors within the same "family'. • Building colors should be derived from, and related to, the finishes of primary building materials. • Height The overall appearance of development shall be low and horizontal, with building heights throughout the community generally low to medium scale. Building heights are expected (and desired) to vary to ensure@ - -- -- visual interest. " • Consider the use of taller buildings and/or elements to highlight significant intersections and pedestrian nodes. • Building heights shall be determined in a manner ,. which enhances an overall residential quality. Taller buildings help identify intersections Knifed Giiy of Yoy%kyilIe Gomprekensive Land Use Prim Upda+e � 5 EXHIBIT F Design Cuidelines .r>ite piannincJ Princi pies • Maintain compatible relationships with Ell adjacent dwellings and street frontages. � - • Building heights shall be responsive to i.tM heights of homes located on slopes above II and below the dwelling. • Sight lines to greenbelts, open areas, IIIIII(' 111111"I tllM) + L water features and scenic horizon views : are to be optimized and maintained to the fullest extent possible by minimizing the building height and obstruction. Front porch provides one-story element • Scenic view compatibility shall be considered in determining building height. • Within a neighborhood, a combination of — one, one and a half and two story �7 dwellings is encouraged to add diversity r to the streetscape. Entire neighborhoods I � or blocks of continuous two story . dwellings are discouraged. III �e • For multilevel dwellings on corner lots locate a one-story element of the dwelling Front porch roof provides human scale element at the street corner to help reduce the feeling of enclosure in the neighborhood. • A two-story dwelling can best relate to a neighboring one story if it contains a one-story element. • Scale Buildings should appear to be of a f ,. "pedestrian" or "human" scale. When components in the built environment are designed in such a way that people feel comfortable, then human scale has been achieved. In general, this means that the size, patterns, textures, forms and — overall three-dimensional composition can be appreciated at the pedestrian -- level. • Vary the height of buildings, and/or Varied building scale provides distinction behveen masses building elements where feasible, so they appear to be divided into distinct elements or masses. vrVllted City of Yor^ltville Comprehensive Land !Ilse Play, Update 16 EXHIBIT F DesiaJ 6 idaIines Site {`Manning principles • Avoid large-scale buildings that are r - "box-like" and — typically dominate a —_ _ site. y i Use building mass J appropriate to the y WkuF site. Place buildings with larger larger footprints, height and massing in core activity areas or in the heart of the development near ! ' similar densities By ; doing so, the impact on adjacent land Pedestrian scale elements located along building facade uses will be reduced. • In residential areas, the relationship between the lot size, street width and building scale are important to creating a human scale. Elements such as trees, pedestrian path lighting and porches can aid in achieving human scale. • Hierarchy 1 i L . It is important to recognize that future + L projects will be developed using a variety of si buildings with various uses. Vehicular and pedestrian traffic should be able to Avoid box like' burlding scale recognize the hierarchy of buildings and be able to decipher primary buildings from secondary buildings. • Primary Buildings Primary buildings; such as major anchors, publicjo , buildings or major attractions, shall be located at «emoco vas prominent locations, anchoring a major view axis and serving as focal points in the community. - Gateway Buildings Buildings at major entrances, corners, intersections or along significant roads should use special architectural elements to help identify that location as a "gateway". These elements also begin to define the sense of place for the community. Primary buildings located on axis and create focal point tAvtited CA-Y of Yorkville Gomprekensive .Land Llse Plan Update 17 EXHIBIT F Desigh Guidalihes Sita Planning P hlciples • Special architectural features may include corner towers, cupolas, clock towers, balconies, colonnades or spires. The use of vertical elements helps to frame the entrance and guide people into and through the development. nr i Vic- c i :cvE s , - i\ r _ iii t F lg !Aar... i.l. } I! l � .o. I`<'+ ,` ' ,y� .w . Calaway buildings • Entrances ® Primary entrances should be easily identifiable and relate ! 1 g to both human scale as well as the scale of the building(s) f, they serve. • Wherever possible, entrances should be inviting without becoming dark. <w ® Main building entrances should be designed to be clearly F t identifiable from primary driveways and drop-offs. Additionally, they should be visible from parking areas. T ■ Retaining walls • All retaining walls must be faced (veneered) with masonry Ntain entry tostore (stone, brick, stucco or approved equal). clearly identifiable • Retaining walls adjacent to or visible from any street shall not exceed 4 feet in height. Grade changes that require retaining walls exceeding 4 feet must be terraced with a minimum of 4 feet clear separation between each wall. Exceptions may be reviewed and approved by the City in order to preserve existing tree stands. United Gift' of Yos^Itville Comprehensive Land Ltse '(flan Update 18 EXHIBIT F Design Cuidelinas 51' 0 planning p i;lciples • Walls should be designed as an integral part of the dwelling design. Stone sizes should be consistent and laid in a horizontal course. Masonry materials shall match or complement the facade of surrounding buildings. • Walls at intersections must not interfere with safe sight distances. PRINCEPLE 6• Enhance pedestrian experience and establish sense of pEace through careful design and iaaation of apen spaces The creation of open space throughout the City is an essential technique used to break up building facades. The use of such pockets of interest creates views into the various developments. A wide range of open spaces such as public gathering plazas, open "greens common play areas, neighborhood parks and natural preserves can be incorporated into development plars. ® View Corridors Open space is considered a valuable amenity, therefore careful consideration of vistas into open spaces from residential lots, streets and drives is required. . • 3 Maintain view corridors to provide vistas of amenities, natural features, open spaces and other significant elements. r Create focal points at main entries, on axis with major , circulation route and pedestrian corridors to establish a communfly Park strong identity and structure for the project. lvc4-E SPECIAL rrxvr<r Ar 'TPNI.nIIt oroarves tc 4 vnccA ioN rr<Amss VIEWy f t• Aria cases CORRIDOR or View of amenity feature is framed by use of vegetation and road alignment, creating a signature element t/lnited Gty of YOP& ille Comprakensive Land i/tse 1Plcm Update y EXHIBIT F Design Guidelines Site Planning Principles Parks and Trails In residential areas, parks should be located within a 5 minute k,�ugwalk (approximately 1000 feet) from each home.Trail linkages should be provided from proposed neighborhoods to the City's comprehensive trail system, forest preserve trails ty and adjacent developments. ® Courtyards and Plazas Neighborhood Park Courtyards, plazas and terraces should be designed at a human scale and incorporated as public amenities around non-residential buildings. Interrupting building facades to create "outdoor rooms" as well as varying the width of walkways will help create pedestrian spaces . These pedestrian spaces will create opportunities for comfortable outdoor experiences and are critical in defining plazas and courtyards. Orient plazas and courtyards to viewsF ,= of site amenities such as open space, �+ water features, sculptural elements or landscaped areas. Consider opportunities to orient plazas and courtyards toward views of "` - significant buildings or down long corridors. >s. Wherever possible, create a sense of enclosure for outdoor seating areas. Such areas should be light and airy while providing a sense of safety from Landscaping and special paving give the the element s. seating area a sense of enclosure Add elements such as trees, water features, a variety of seating areas and landscape color to give the public spaces an inviting appearance and visual interest. Incorporate pedestrian scaled lighting for safety and to promote use in the evening. Incorporate pavers and paving patterns to add interest and enhance the aesthetic quality of the spaces. ® Allow for outdoor tables and seating to promote use of the space. By doing so, —,- an energy is created along the structure. INCOPPORAtE A VL-F OF SWING PAVERS O, �s _ COEOP EIC 'OPLO AVAI IPRFMET , T,. LOCATE WE FAM"M TO FNCCUIWGEUSF Plazas and courtyards offer spaces far outdoor cafes [Anife-cl Gifu of Yov%kVille GomPeeke-rEsive Land Lose Plan Vpdafe ?L EXHIBIT F ]].sign C�"i lehries Site Plarwinq 'Principles PRINCIPI E 7• Thoughtful consideration of vehicular and pedestrian circulation within individual developments The purpose of the circulation standards is to minimize hazards and conflicts and establish logical circulation patterns. The appropriate integration of vehicular and pedestrian circulation is intended to provide safe and convenient access to all sites while being attractive, efficient and functional. Vehicular Circulation ® Primary Site Entrances Each entrance to a parcel, individual k ny'Y building site or residential . neighborhood from a primary € roadway should be designed as a "gateway" to the area it serves. _ Design elements should be visually interesting and consistent with other streetscape materials used throughout the City. Primary residential entrance highlighted with signage, When designing entries into landscaping and water elements residential and non-residential tracts, developers shall: • Coordinate with adjacent properties to consolidate entries and minimize access points along major roadways • Minimize pedestrian and vehicle conflicts by reducing the quantity of crosswalks. • Clearly identity site entries and provide a clear entry/arrival sequence. • Provide "secondary" entries to parking lots and smaller residential neighborhoods from adjacent perpendicular minor roadways to major roadways. Paving material , plants, signs and lighting should match primary entrance treatments, although landscaping intensity and signage may be reduced in scale. • Provide at least one "primary" entry to parking lots or residential communities. The use of medians and/or special paving or landscaping to identify primary entries is required. -- - DFSiWe FIVOa'mma L OGICAIi ININ ttlNttNGF95FC11CfJ CC 3 MO CCY.iVa: CASSA'Ppt5 0EtNE @C WITH YA'IAWS jP= 0 Z n �� _ I1MM1EfJlw tO PRONG EDi 16ENAiliU Bl J.NDFCN'd.'G AW .PD6N EECIX vL yMw CpVI51fl11 W mm 4f1HNYtY 606V/AY � Single primary entrance reduces access points along Corridor Llnife-d Gi+y of Yov%kville Govnpeakensive Land Use 1Plavn Mpclnte � 'i EXHIBIT F Design Cuiclelines- Site Planning Principles ® Internal Drives All internal drives should visually lead drivers to building entries , 7% site amenities or focal elements. I ® Design drives and parking q areas to fit the natural - contours of the site in order to minimize cut and fill and maintain natural drainage. • Align streets and drives to Street alignment oriole views of significant architectural feature offer views to significant architectural features and site amenities and r. to direct drivers. • Internal streets shall be separated from parking lots by landscape islands and walkways. • Drop-Off Areas Drop-off areas for vehicle passengers shall be incorporated into development plans and should provide safe, convenient access to building entries, pedestrian plazas and public open Landscaped island separates spaces. Drop-off areas must conform to all ADA parking lot from internal drive regulations and standards. • Emphasize drop-off areas with special paving material. • Design drop-off lanes so they do not obstruct traffic flow when vehicles are stopped. • Install bollards at drop-offs to provide protection for buildings and pedestrian walkways. i . L,.noswmnh, -.'UFFIFS Inlvmwc Fnlms;IcF 0 L.ARD9 OwR:AiE BBL EPDiD I, PWMRJIECt P[DESINWM1I$ `-- IDENTIFY DROP-OFF FRWNIIH 5FFCWL PAVING DROFIC R AREA WFS f1gi O8VRUCI TRAFFIC FtfhY Drop-off area doesn't conflict with regular traffic and is identffied with paving and bollards United City of Vok'Wlle Compeek&_msive Land like Phan Update 22 EXHIBIT F _ Desier, Gu dzlihes Site. Plahhih9 pvihciples a Service Areas Service vehicle circulation throughout the City shall be designed to provide safe and efficient delivery routes for all anticipated service and delivery vehicles. The design of individual parcels to i accommodate truck access shall meet all regulatory requirements for turning movements without sacrificing other important design objectives. • Locate service areas away from major streets and building entrances. M A noise barrier is required in situations where service area screened with landscaping service areas are adjacent to a residential land use. a Minimize pedestrian and service vehicle conflicts. • Hide/screen views into service areas. Screening can be provided with landscaping or screen walls. Screen walls shall repeat materials and elements of the primary building. • Adjoining uses should share service drives where possible. Design service drives to accommodate the traffic intended to use them including all entrance roads and access aisles that will be used to access the service areas. ® Pedestrian Circulation The purpose of pedestrian circulation standards is to establish guidelines for creating a pedestrian circulation system that is safe and efficient. Good walking environments include: continuous routes between sites, clearly defined access from parking areas, a variety of connected destinations and a feeling of safety and security. In essence, creating a sense of comfort. ® Sidewalks Sidewalks must be constructed to provide pedestrian access to adjacent development and connections to the pedestrian trails throughout the City. Within specific developments, sidewalks shall provide access to and from parking lots, neighborhoods, " schools, parks and open spaces. • Create distinct pedestrian corridors, _ which funnel pedestrians to logical gateways, plazas or other destinations. Path provides access to park and adjacent neighborhood United CHy of Yovkville Gomp ,akansive Land Use ?Ian Update 2 EXHIBIT F Design Guicleline-s Site planning pvinciples • Place special emphasis on pedestrian connections that �=j _ link schools.. recreation areas and other major activity Y'jb areas Neighborhoods should have access to open space and ff pocket parks by way of sidewalks and trails. A " ® In residential areas, sidewalks should be located on both _ sides of the street. • Pavers or other changes in material should be used for walks adjacent to buildings and at street intersections to Pavers next to building identify and enhance pedestrian routes, enhance appearance ® Crosswalks Crosswalks are required at all intersections and key pedestrian crossings. Crosswalks must be identified by a change in color, height, width, texture, or materials. Refer to ADA regulations and standards for any specific criteria regarding crosswalks and ramps. Enhancedpaving delineates crosswalk a Pedestrian Circulation in Parking Lots Walkways that lead pedestrians from parking areas to buildings or plazas should be designed to facilitate easy movement and minimize crossing conflicts with vehicles. Pedestrians should feel comfortable about their walkways to buildings and pedestrian corridors should be clearly identified. " Y • Pedestrians should not be required to cross service drives to '. reach major entrances from primary parking lots. w . It _ t • Where major pedestrian routes within parking lots cross landscaped median with sidewalk roadways and drives, use textured or colored paving materials to distinguish the route. • Medians with sidewalks allow for safe o,a "�"'„ circulation and reduce circulation conflicts. ",l,.: x .a Eat ® Wherever feasible orient parking a i perpendicular to building entrances. _ i.bVCx CxOMYPUi FW4 l _ o ><_F uo w„nm,xwen�s o + Median with sidewalk allows safe access to building entry r u Crossuvaik delineated with paving and bollards v'Nite-d Cify of Yos•Icville Gowmpv,ekensive Land Llse Plan Vpclafe 2 4 EXHIBIT F Design Gtiidelines Si+e planning pvinciples ® Accessibility Owners and developers are expected to meet or exceed all requirements of the Americans with Disabilities Act (ADA), 1992, and all amendments thereto in the design and development of individual parcels, sites, buildings, and facilities. To the greatest extent possible, provide equal access in a manner that integrates ADA accessibility with ordinary accessibility, rather than separately. PRINCIPLE 8: Appropriate design of parking lots utilities service areas and detention areas to reduce the negative impact of typically unattractive site components This section provides standards for the siting and layout of parking lots, service and loading areas, utilities, trash, storage and detention facilities. Specific landscaping criteria for these areas are included in the Landscape Principles section. Site plans specifying parking and circulation designs, utility and detention requirements shall be submitted to the City for review. ® Parking • Parking ratios and quantity of spaces shall comply with the criteria set forth in the United City of Yorkville Zoning Ordinance. `' • Parking areas should be designed and located so j they provide safe and efficient vehicular and f pedestrian circulation within a site. • Minimize negative visual impacts from adjacent roadways. • Break large expanses of pavement with landscape Minimize negative visual impacts of medians and islands. parking from roadways • Divide parking areas which accommodate a large number of vehicles into a series of smaller, connected lots. • Avoid situations where parking spaces directly abut structures. • Separate parking aisles from interior collectors and entry drives whenever possible. Cluster bwming$ m .. .¢ create open space courts eras � 1 Walkways to buildings or �� ;• �// places sM1OUItl be assigned to facilitate easy movement and nnmance crossing conrlicts / �_ with vehicles �� / ` � Arrange parking aisles perpendicular to building pro Ade pedaetrinn entrance$ access to adjacent developments Vnite-d Gi+y of Yorkville Gompnekensive Land Mse 'Plan tApcja+e 25 EXHIBIT F Design cc ,idelihes cjife Plnhhih9 1-;I Ciples • Shared Parking Where opportunities exist for shared parking between uses with staggered peak parking demands, consider reducing the total number of parking spaces within each site or parcel . Parking should be shared between complementary uses such churches and office buildings. • Store Front & Street Parking Requirements All store front parking areas shall use angled parking or parallel parking. Areas shall be provided for sidewalks and landscaping between the store front and the edge of parking stall. • Bicycle To encourage and accommodate alternative transportation modes, provide bicycle parking within each building site. Locate bicycle parking areas so they are visible from building entrances and convenient for riders. Parking areas shall be landscaped in a manner consistent with pedestrian plazas. Also, bike racks should be of a style consistent with other site elements. • Substations/Water/Wastewater Stations Proposed electric substations, water pump stations and wastewater lift stations shall be screened from public views by a means of a 6 foot masonry wall on all sides with the exception of the area for gate access to the facility combined with landscaping. Service access shall be considered and incorporated into the screening program. • Detention • Drainage facilities should be used as an amenity to a development. If the existing topography allows, the location can be incorporated into an entry '•' „�' i3' feature or can be the foundation for a park with trails and open space. • Natural and/or vegetated drainage swales provide open space connections, filter runoff and improve the aesthetic appearance of development. Lake serves as main entry feature • Detention facilities should not be designed as to require chain link fencing or concrete walls. If such designs are required due to engineering t " requirements, consider using decorative modular stone to give the appearance of a retaining wall. • Detention ponds located in the front yard building setback shall be designed as a curvilinear, Naturalistic drainage channel provides contoured shape. opportunities for trail connection WAife,d Gift' of Yorkville, Goraipr-einehsive Land like Plate Mpdcife, 26 EXHIBIT F JDesign CA ,odefi es Site planning principles ® Location of Utilities Visual and sound impacts of utilities, mechanical equipment, data transmission dishes, towers and other equipment should be minimized in all development plans. Design and install all permanent utility service lines underground. During construction and maintenance, minimize disruptions to other sites and businesses within the City. a Temporary overhead distribution power and telephone lines are permitted during construction but shall be removed immediately upon completion of site and building construction. a Wherever possible, mount data transmission and receiving telecommunication devices at ground level to the rear of structures and screen views from adjacent roadways, pedestrian paths and building sites. ® Screen all electrical transformers, gas meters and other utility cabinets from view. Structures are prohibited from being located in utility easements. Avoid locating signs , special landscape features, etc. in utility easements. a Air conditioning units, vent systems and other mechanical systems that must be located on building roofs shall be screened from sight at the ground plane. ® In residential communities: Items requiring screening should be located on the rear or side yards when possible and should be integrated into the unit design. Air conditioning units must be located behind a screen wall or planting hedge. Utility meters must be located on side or rear elevations of the dwelling. ® Location of Service/Delivery/Trash/Storage Areas The visual impacts of service, delivery, trash and outdoor equipment or storage areas should be minimized, particularly relative to views from public roadways and pedestrian corridors. Thoughtful placement and integration into the architecture and site design is a priority for all sites. — • Orient service entrances, loading docks, waste disposal areas and other similar uses toward service roads and away from major streets and primary building entrances. • Locate loading, service, trash and delivery areas so they do not encroach on any setbacks. �— -_ — Screen dumpsters with walls and materials that match architecture of primary building IAnitecl CRY of Yorkville Gomprekehsive Land lAse pjah tApdctfe 0 7 EXHIBIT F resign C'"i felines Site Plonhing Principles • Avoid locating service areas where they _ are visible from adjacent buildings or where they may impact view corridors. ^ IA Such facilities are more appropriate at the , ., ear of buildings or sites. 055 �V • Trash enclosures must be located away from residential property lines. _ • Wherever possible, coordinate the locations of service areas between users or adjacent developments, so that Screen dumpsters with walls and materials that 1 P service drives can be shared. match architecture of pnmary building • Locate parking areas for outdoor equipment, trucks, trailers, service vehicles, etc. away from public parking lots and major pedestrian circulation routes. Unless totally out of view, screen these areas architecturally and with landscaping. • All proposed dumpsters, trash receptacles, refuse storage containers, outdoor storage, and ground mounted equipment should be located within an enclosure providing screening along with landscaping along the perimeter. Such enclosures shall repeat materials and elements on the primary building. Llnifecl ctr of Yorkville Gompvekensive Land Lisa Plan Llpclate 28 The Data is provided without warranty or any representation of accuracy,timeliness,or completeness.If is the responsibility of the "Requester"to determine accuracy,timeliness,completeness,and appropriateness of Its use.The United City of Yorkville makes no warranties,expressed or implied,,to the use of the Data. -parcel Data provided by Kendall County GIS .I• O •,. � mow. General Location of ' Offsite Improvements .•�''' � �/ 'U, �,P 3� 155 7 15i 1p1 6 Q �5a Q`'23 N� Windmill Farms 0 25 50 100 150 200 ejyk Feet Exhibit "G " s DO feel w� �E 1 inch equal 1 s Exhibit "G" Page 2 of 2 66' ROW CL 33' --33' —18.0'——15.0' 180.-12' TC-CL+O'15 12 5, 11 FL=CL-0j5 CL-0 2% MIN i n EP=CL-0.27 K.Ox MINq STRUCT I .......... . ....... 1.54.40 = 0.60 2.54.33 - 0.83 104.10 = Loo 243 TYPICAL PAVEMENT SECTION 66' R.O.W. I N.r.s. �A) 1.5" BITUMINOUS CONCRETE SURFACE COURSE, CL 1, TY. 2, MIX. D (13 TY. 2 ) 2.5" BITUMINOUS CONCRETE BINDER COURSE, CL 1, OC 4.5" BITUMINOUS CONCRETE BINDER COURSE, C1. 1, TY. 2 (2 LIFTS) C 10" CRUSHED AGGREGATE SUB-BASE, TY. B. (D 12" CRUSHED AGGREGATE SUB-BASE, TY. B. (E) COMPACTED SUBGRADE WITH CEO-TEXTILE FABRIC, AMOCO 4551 OR APPROVED EQUAL Q) 5' PCC SIDEWALK WITH W/4" CRUSHED ACC. SUB-BASE COMB. CONC. CURB AND CUTTER, TYPE B-6.12 QI 6" TOP SOIL AND SEEDING (D Joint filling with hot-poured rubberized asphalt cement EXHIBIT H - WINDMILL FARMS ANNEXATION - RESIDENTIAL FEE SCHEDULE Name of Fee Amount Time of Payment 1 School District Transition Fee $3,000 per unit Paid to School District Office prior to issuance for building permit At time of building permit, paid at City Hall with separate check made out to 2 Yorkville Bristol Sanitary District Connection Fee $1 ,400 per unit YBSD 3 Yorkville Bristol Sanitary District Annexation Fee 3806 per acre Paid for entire development, at time of annexation to sanitary district Yorkville Bristol Sanitary District Infrastructure 4 Fee 3806 per acre Paid for entire development, at time of annexation to sanitary district $650 + $.0.20 per 5 Residential Building Permit Fee square foot Building Permit 6 Residential Water Connection Fee $3,700 per unit Building Permit 7 Water Meter Cost (not applicable to fee lock) $390 per unit for SF Building Permit 8 Residential City Sewer Connection Fee $2,000 per unit Building Permit 9 Water and Sewer Inspection Fee $25 per unit Building Permit 10 Public Walks and Driveway Inspection Fee $35 per unit Building Permit 1 to Public Works (Development Impact Fee) $700 per unit Building Permit 11b Police (Development Impact Fee) $300 per unit Building Permit Municipal Building Impact Fee is set up as $5,509 per unit if paid at time of Permit, or$3,288 per unit if paid at time of final plat for all units in the 11c Municipal Building (Development Impact Fee) see 'Yime of payment" entirety of the annexed development. 11d Library (Development Impact Fee) $500 per unit Building Permit 11e Parks and Rec (Development Impact Fee) $50 per unit Building Permit '1' Engineering (Development Impact Fee) $100 per unit Building Permit Bristol Kendall Fire District (Development Impact 11g Fee) $1 ,000 per unit Building Permit Calculated by ordinance, $101,000 Building Permit or Final Plat, depending on annexation/development 12 Parks Land Cash Fee per acre agreement and land/cash donations negotiated Calculated by ordinance, $101 ,000 Building Permit or Final Plat, depending on annexation/development 13 School Land Cash Fee per acre agreement and land/cash donations negotiated 14 Road Contribution Fund $2,000 per unit Building Permit $1 ,707 per unit, escalating each calendar year at a rate Building Permit determined by 15 County Road Fee ordinance 16 Weather Warning Siren $75 per acre Final Plat 1.75% of Approved Engineers Estimate of Cost of Land 17 Administration Review Fee Improvements Final Plat 1 .25% of Approved Engineers Estimate of Cost of Land 18 Engineering Review Fee Improvements Final Plat 0.35% of Approved Engineers Estimate of Cost of Land 19 Engineering Coordination Fee Improvements Final Plat EXHIBIT H - COMMERCIAL PERMIT FEES niter City of or ville County Seat of Kendall County ryn 800 Game Farm Road J 1° — 's"° Yorkville, Illinois, 6060 ' Telephone : 630-553-4350 tt -E a ( 3'," Fax : 630-553-7575 g' `dJebs;te : www.,orkville.il . us COMMERCIAL PERMIT FEES Permit?Ian Review Building Permit $750.00 plus x,0.20 per square foot Plan Review Based on building size (See Artac end) Contriiutgons Development Fee $3000.00* - See Attached Ordinance 2004-55 (1nerease in Pristol-Kendall Fire Frotcation District f=ee) \Vat:erlSetver Sewer Tap See Attached Ordinance #96- 11 Water Tap Water Meter_Size.____ Water Connection Fee 1 " $ 3,700 1 1i2" $ 4 ,000 2" $ 5,000 3'" $ 5),000 4" $ 1 5,000 6" and larger TBD Water Meter Water Meter Size Water Meter Prige 1 " $ 4 85.00 11/2" $ 790.00 $2800M 3" $3550.00 4" $5420.00 6" $5575 .00 Engineering Inspections $60.00 River Crossing Fee $25 .00 per drain unit. See attached Ordinance 97- 11 *Engineering and Landscaping review fees will be billed separately. *** Please call the York rille Bristol Sanitary District for sanitary permit fees (630) 553-7657 EXHIBIT H - MULTI-FAMILY PERMIT FEES 1141 ' All 7.Ji1 - :> � ✓ _ ,l - �aII7 � - 'SCI .. . it � ia° i _- , EXHIBIT H i Ii - '.xui, v _ } S } ... 'st: . . ` L!_.:aT .. � tj k'�'., �� { -G 1 57 ,, 1.3I1 I F:.N i'- C iPoC� !s ii( NN o(rtit-�Tf' CC �C'L ILI lit U< x_ 2 !`" }- Uri C ---- --------------- - -------- — i J'. : . l'iQ �. t f'. - , - T 010 eI _lf it ice.. t, _l qt . 1 . - _ ;:G; `,% 0 cl)y Reviewed By: Agenda Item Number J� e 0 Legal ❑ C Finance EST. \. 1836 Engineer ❑ -�-_— Tracking Number < y City Administrator ❑ Op I� fax O Consultant ❑ PO �W-7 - 1-7 Agenda Item Summary Memo Title: Lincoln Prairie-Zoning Ordinance Meeting and Date: C 1Ty COLJ"J 11- 5/,97/08 Synopsis: Ordinance to zone the subdivision M-2 General Manufacturing District as obligated by May 24, 2005 Annexation Agreement provision. Council Action Previously Taken: Date of Action: May 24, 2005 Action Taken: Approved Annexation Agreement Item Number: Type of Vote Required: majority Council Action Requested: approval Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: Attached find draft ordinance approving the rezoning and Annexation Agreement. Refer to section 1 of the annexation agreement regarding the zoning provision. During plan review for Lot 2 of this subdivision, staff recognized that the ordinance approving the rezoning as agreed to in 2005 has not been approved. STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. 2008- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (Lincoln Prairie) WHEREAS, Donald J. Hamman and Carol S. Hamman (the "Owners") are the legal owner of record of property described on Exhibit A attached hereto and incorporated herein (the "Property"); and, WHEREAS, the Owners of the Property have made application by petition for the rezoning of the Property pursuant to an Annexation of the Property; and, WHEREAS, Owners have previously entered into an agreement for annexation and zoning of the property; and, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville that the City Code of the City of Yorkville be amended as follows: Section 1. The City Council hereby concurs with the recommendation of the Plan Commission and hereby rezones the property as M-2 General Manufacturing as described on attached Exhibit B; and incorporated herein. Section 2. The Property shall be developed according to the terms of an Annexation Agreement approved this date by the Mayor and City Council. Section 3: This Ordinance shall be in full force and effect immediately from and after its passage and approval according to law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008. City Clerk ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008. Mayor 2 PILAd for Rnr,ord in NENI)AI t_ COUNTY, IL LINIM:oo PAUL ANUEFSON STATE OF ILLINOIS ) ,y "OOP At 11�1-.i ix,n ) ss AHN[X Ofai COUNTY OFKENDALL ) 7tSr' irJio.re nii ORDINANCE NO.2005- Ll`� AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF LINCOLN PRAIRIE YORKVILLE WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE,Kendall County,Illinois,that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit"A"attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready,willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS l 1-15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with; and Page ] of 3 WHEREAS, the property is presently contiguous to the City NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1 : The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE y JOSEPH BESCO VALERIE BURR PAUL JAMES _ DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _��,.._ Day of A.D. 2005. 1 MAYOR Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this <D`k day of f\N .*, , A.D. 2005. ^ n ATTEST: <Z2� . . a _ ` t�lswdn� CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 i i I ANNEXATION AGREEMENT WITH DONALD J. HAMMAN AND CAROL S. HAMMAN AND THE UNITED CITY OF YORKVILLE Concerning LINCOLN PRAIRIE YORKVILLE WHEREAS, DONALD J. HAMMAN and CAROL S. HAMMAN, OWNERS/DEVELOPERS of the property described in Exhibit "A" (hereinafter "OWNERS/DEVELOPERS") have requested the United City of Yorkville, Kendall County, Illinois (hereinafter "CITY") to annex the said real property into the CITY; and its Plan Commission has heretofore approved the proposed land uses and the zoning of the same; the Subject Property is illustrated on the survey of Atwell-Hicks, Inc. dated May 23, 2003, last revised 5/23/2003, Exhibit "F"; and WHEREAS, all parties to this Agreement are desirous of setting forth certain terms and conditions upon which Exhibit real property heretofore described in Exhibit "A" will be annexed to the CITY in an orderly manner; and further to provide how the real property described in Exhibit "A" will be developed within the CITY in an orderly manner; and WHEREAS, the OWNERS/DEVELOPERS and their representatives have discussed the proposed Annexation of and the development of all the Subject Property and have had public meeting with the City Council; and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois, in such case made and provided. NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5111-15 through 65 ILCS 5/11 -15. 1 -5, as amended, as follows: I . ANNEXATION AND ZONING: The CITY shall adopt an ordinance annexing to the CITY all of the real property described in the attached Exhibit "A" as designated in the attached Annexation Plat incorporated herein as Exhibit `B" and the CITY in said Ordinance shall zone the real property described on Exhibit "A", subject to the further terms of this Agreement as M-2, General Manufacturing District, with the specific Special Uses as permitted uses, as illustrated on the Zoning Exhibit by Schoppe Design Associates dated 1/13/2005, last revised 5/23/2005, Exhibit "E"; Parcel 6 on Exhibit F may be used as a Public Works Facility. Said zoning shall allow the uses, size, density, areas, coverage, and maximum building heights as set forth on Exhibit "C", M-2, General Manufacturing District, and said real property shall be Page 1 of 11 used and developed in accordance with 65 ILCS 5/11- 16-1 through 65 ILLS 5/11-15/1 -5, and in accordance with the CITY Subdivision Control and Zoning Ordinances. 2 The CITY agrees that in consideration of OWNERS/DEVELOPERS voluntarily annexing the real property described in the attached Exhibit "A" to the CITY and developing the real property described in the attached Exhibit " E" and CITY and OWNERS/DEVELOPERS will each undertake the following duties, covenants, and obligations: A. i. OWNERS/DEVELOPERS and CITY which shall provide that upon approval and execution of this Annexation Agreement by the CITY, OWNERS/DEVELOPERS shall immediately dedicate for right-of-way purposes as depicted on the Plat of Dedication of right-of-way incorporated herein as Exhibit "D". ii. Said dedication shall be to the CITY and shall be at no cost to the CITY. iii. The internal roadway on the Subject Property shall be designed and constructed by OWNERS/DEVELOPER to accommodate heavy truck traffic not exceeding 80,000 pounds to conform with Class IT Road Standards under the Illinois Motor Vehicle Code, including the large tractor trailers that bring aggregate trucks, and heavy construction vehicles. Perimeter Roads: OWNERS/DEVELOPER shall improve Eldemain Road adjacent to Parcel 5 to Kendall County standards; OWNERS/DEVELOPER shall improve Comeils Road, Faxon Road, and Beecher Road to CITY standards at such time as is necessary for the concurrent use of the Perimeter Roads for development in the Property. It is contemplated that the 1423 feet of West Beecher adjacent to the Property will be maintained as a tar and chip road to direct truck traffic from the Property to Eldamain Road. So long as West Beecher is maintained as a tar and chip road, OWNER/DEVELOPER will pay/reimburse the CITY for one half of the maintenance cost for West Beecher Road. If OWNER/DEVELOPER develops Perimeter Roads or other off site improvement, the CITY will enter a recapture agreement or agreements with OWNER/DEVELOPER to recapture from adjacent owners one half of the costs of perimeter roads expended by OWNER/DEVELOPER or Page 2 of 11 the reasonable sharing of other off site improvement. The improvement costs shall include engineering and construction costs. T he CITY shall adopt the recapture ordinance within ninety (40) days following notice from OWNER/DEVELOPER that the facilities are complete, and upon the certification of actual costs by OWNER/DEVELOPER's engineer and approval by the City Engineer. The recapture ordinance shall provide that OWNER/DEVELOPER to be paid a reasonable amount of interest on the amount expended in completing the improvements, which interest shall be calculated from and after the date of completion and acceptance of the improvement and for payment of all recapture sums due at the time of annexation and use by any benefited property owner. B. This Agreement between the CITY and OWNERS/DEVELOPERS specifically grants authority by OWNERS/DEVELOPERS: i. Authorize and permit the extension of all CITY, Yorkville-Bristol Sanitary District, and public utilities including, but not limited to telephone, electric and gas through said area. ii. Consent to the rebate of 50% of sales tax revenue to OWNERS/DEVELOPERS of this development and Annexation Agreement with the CITY, as to sales tax revenues generated on the subject property to this Agreement (as described on Exhibit A) , in order for OWNERS/DEVELOPERS to recover the cost of road and related public improvements over the areas of OWNERS/DEVELOPERS real property, including public improvements to perimeter roads and public offsite improvements required for the development described in Exhibit 3 , COMPLIANCE WITH SUBDIVISION CONTROL ORDINANCE: Except as herein modified or varied, the OWNERS/DEVELOPERS shall comply, in all respects, with all of the provision of the ordinances of the CITY in the development of the subject real property herein described except as varied by this Agreement. In connection with the development of the entire real parcel being annexed, the CITY and OWNERS/DEVELOPERS agree as follows: A. The development of the entire real property which is currently being annexed as described in Exhibits `B" and "E" can be done in phases or units. B. If at the time of development, the existing CITY dedications, easements and right-of-way are not adequate to facilitate sewer, water or other utility extensions, the CITY agrees to exercise its power of eminent domain, if necessary, to acquire such easements and right-of-ways, including easements Page 3 of 11 from the then present terminus of the existing municipal sanitary sewer and water lines to the boundary line of the Subject Property being developed, and the cost and expense incurred by the CITY shall be paid by the OWNERS/DEVELOPERS and added to the rebate amounts described in this Annexation Agreement and reimbursed to the OWNERS/DEVELOPERS from sales tax revenues generated on the site. C. Storm water detention facilities can be constructed in stages with capacity for storm water detention facilities based upon the need of each phase or unit as developed taking into account the detention capacity that is required on OWNERS/DEVELOPERS' real property to serve the parcel. D. OWNERS/DEVELOPERS shall require in any lease or contract of sale and license to the batch plant operator or other special use approved on the Subject Property that all or any sales from the concrete batch plant or other special use shall be invoiced from the Subject Property and that all sales tax be reported as received at the Subject Property. E. Except as otherwise provided in this Agreement, no change, modification or enactment of any ordinance, code or regulation shall be applied during the term of this Agreement so as to affect the zoning classification of the Subject Property, the bulk regulations, including, but not limited to setback, yard, height, FAR and frontage requirement, contribution ordinances and the uses permitted thereunder by the Zoning Ordinance of the CITY in effect as of the date of this Agreement, except to the extent BOCA Building Codes, Fire Codes, and like ordinances which are non-monetary in nature are from time to time amended affecting in a uniform and non-discriminatory manner all subdivisions within the CITY, which are not Final Platted, or for which building permits have not been issued. Except as modified by the terms and provisions of this Agreement, the OWNERS/DEVELOPERS shall comply in all respect with the conditions and requirements of all ordinances of the CITY applicable against property similarly situated and zoned within the CITY as such ordinance may exist from t ime t o time subsequent to Annexation to the CITY, provided, however, notwithstanding any other provision of this Agreement, if there are changes to said ordinance, regulations, or codes which are less restrictive in their applications to similarly situated and zoned lands, then the OWNERS/DEVELOPERS, at their election, shall be entitled to like treatment with respect to the Subject Property being annexed herein. F. It is understood and agreed that all subsequent amendments of this Agreement, plats of subdivision, or any development of the Subject Property may be obtained for all or any portion of the Subject Property without affecting the rights, duties or obligations of the parties hereunder or their assigns as to the balance of the Subject Property not included in the afore described actions. Page 4 of 11 G. i. It is agreed that other than the existing ordinances dealing with land cash donations for the schools, parks and fire protection districts; and fees for building permits, occupancy permits and tap-on fees, transition fees to the CITY and YORKVILLE School District, and review fees in the event any portion of the Subject Property is developed for residential purposes, that no additional fees or donations will be required by the CITY from OWNERS/DEVELOPERS, except as may be charged on a non-discriminatory basis to all residents of the CITY. ii. OWNERS/DEVELOPERS agree on their own behalf and that of any future OWNERS/DEVELOPERS to voluntarily pay school transition fees as are in effect with the CITY at the time of execution of this Agreement, as to the portion of the real property that is developed for any residential purpose. H. i. The parties hereto agree that the Subject Property may continue to be used for existing agricultural uses, until the Subject Property is developed. In addition thereto, all such agricultural uses thereof shall be considered legal, non-conforming uses. ii. The CITY agrees that, after a Final Plat of Subdivision is recorded and the applicable bonds or letters or credit are delivered to the CITY, the OWNERS/DEVELOPERS shall not be required to construct all on-site and off-site improvements prior to issuance of a building permit for buildings or improvements on any portion of said subdivided land, if consented to by the City Engineer which consent shall not be unreasonably withheld. Rather, the OWNERS/DEVELOPERS shall be allowed to construct the required off-site and on-site improvements simultaneously with the issuance of building permits for individual lots, and/or buildings, but it is understood that building permits may not be issued unless OWNERS/DEVELOPERS have provided adequate road access (paved roads) to the lots for emergency vehicles; and have provided sufficient water supplies for fire fighting purposes. However, all off-site and on-site improvements (except final lift of bituminous asphalt surface on roads and landscaping), serving any said lot or building shall be installed by OWNERS/DEVELOPERS and approved by the CITY before an occupancy permit is issued for said lot or building and the balance of the required on-site subdivision improvements not required to serve said lot or building may be constructed in phases, consistent with each Page 5 of 1 I recorded Final Plat of a phase or unit of said development, as the development on each unit progresses. iii. It is understood that the CITY will cooperate with the OWNERS/DEVELOPERS in the procurement and/or execution of the necessary permits from the appropriate government bodies to allow the construction of the street access from the Subject Property for the development of the Subject Property. iv. It is specifically understood and agreed that the OWNERS/DEVELOPERS and their successors and assigns shall have the right to sell, transfer, mortgage and assign all or any part of the Subject Property and the improvements thereon to other persons, trusts, partnerships, firms, or corporation for investment, building, financing, developing and all such purposes, and that said persons, trusts, partnerships, firms or corporations shall be entitled to the same rights and privileges and shall have the same obligations as the OWNERS/DEVELOPERS have under this Agreement and upon such transfer, the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by OWNERS/DEVELOPERS on any subdivided or improved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the CITY. V. It is understood and agreed by the parties hereto that time is of the essence of this Agreement, and that all of the parties will make every reasonable effort to expedite the subject matter hereof, it is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. vi. The Covenants and Agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement and shall insure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the CITY, its corporate authorities and their successors in office and is enforceable by order of the Court pursuant to its provisions and the applicable Statues of the State of Illinois. vii. If any provision of this Agreement is declared invalid or illegal by a Court of competent jurisdiction, then said provision shall be excised therefrom and the remainder of the Agreement shall not be affected thereby. Page 6 of 11 I i 4. The OWNERS/DEVELOPERS acknowledge that they must annex the real property described in Exhibit "A ' when development is sought by them or any future OWNERS/DEVELOPERS to the Yorkville-Bristol Sanitary District, and further acknowledge that annexation to the CITY in no way guarantees sewer service to the entire parcel by the Sanitary District. 5. BINDING EFFECT AND TERM: A. This Development and Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and owners of record of land which is the subject of this Agreement assignees, lessees, and upon any successor municipal authorities of said CITY; so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the CITY. B. CITY and OWNERS/DEVELOPERS agree that the terms and conditions of this Agreement are contingent upon OWNERS/DEVELOPERS and CITY entering into this Annexation Agreement providing for the enforceability of the joint obligations effecting Parcel "A" of OWNERS/DEVELOPERS and the real property described in this Agreement. 6. NOTICES: Any notice required or permitted by the provisions of this Agreement shall be in writing and shall be deemed effectively given o n t he date of personal delivery or confirmed telefacsimile transmission or on the second business day following deposit in the U.S. Mail, certified or registered, return receipt requested, postage prepaid, and addressed to the Parties at the following addresses, or at such other addresses as the Parties may, by notice, designate: If to the CITY: City of Yorkville 800 Game Farm Road Yorkville, IL 60560 (630) 553-4350 Fax: (630) 553-7575 With a copy to: John Wyeth Attorney for the City of Yorkville 800 Game Farm Road Yorkville, IL 60560 (630) 553-4350 Fax: (630) 553-7575 jwyeth@yorkville.il.us Page 7 of 11 If to Owner: Donald J. Hamman 13351 B Faxon Road Plano, IL 60545 (630) 554-9101 Fax: (630) 554-9181 With a copy to : John P. Duggan Duggan Law Offices 181 S. Lincolnway P.O. Box 273 North Aurora, IL 60542-0273 (630) 264-7893 Fax: (630) 264-13 10 diiagMipd@aol.com 7. ENFORCEABILITY This A greement s hall b e e nforceable i n a ny C ourt of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity of law or in equity to secure the performance of the covenants herein contained. In the event any portion of said Agreement becomes unenforceable due to any changes in Illinois Compiled Statutes or Court decisions, said enforceable portion of this Agreement shall be excised therefrom and the remaining portions thereof shall remain in full force and effect. 8. ENACTMENT OF ORDINANCES: The CITY agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. IN W ITNESS W HEREOF, t he P arties h ave e xecuted t his A greement o n t he d ate first above written and, by so executing, each of the Parties warrants that it possesses full right and authority to enter into this Agreement. CITY OF YORKVILLE, an Illinois Municipal Corporation By: Arthur Prochaska, Jr., Mayor Attest erk Page 8of11 OWNERS/DEVELOPERS Donald J. Hamman, Carol S. Hamman and Five H, LLC onald J. H Carol S. Hamman Five H, LLC By: Donald J. H i , its Manager Page 9 of 11 STATE OF ILLINOIS ) SS COUNTY OF KENDALL It I, the undesigned, a N otary P ublic i n and for suit County, in the State aforesaid, D O HEREBY CERTIFY, that Arthur Prochaska, Jr., Mayor of the City of Yorkville and Jackie Milschewski, City Clerk of said City, personally (mown to me to be the same persons whose names are subscribed to the foregoing instrument acknowledged that they signed and delivered the foregoing instrument as their own free and voluntary act and as the free and voluntary act of said CITY, for the uses and purposes therein set forth; and the said City Clerk then and there acknowledged that she, as custodian of the corporate seal of the CITY, did affix the corporate seal of said CITY to said instrument as her own free and voluntary act and as the free and voluntary act of said CITY, for the uses and purposes therein set forth . GIVEN under my hand and Notarial Seal this _ U 'day of j_'_ a 2005 . Notary Public STATE OF ILLINOIS } SS COUNTY OF KENDALL ) I, the undesigned, a Notary Public in and for s aid County, i n the S tate aforesaid, D O HEREBY CERTIFY, that Donald J. Hamman, individually and as manager of Five H, LLC, and Carol S . Harriman, who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument acknowledged that they signed and delivered the foregoing instrument as their own free and voluntary act and as the free and voluntary act of said company, for the uses and purposes therein set forth. n GIVEN wider my hand and Notarial Seal this day ofj to 4""1' 2005 . �` he- ., OFFICIAL 9EAk�d :�•_.,. JQMN CP PAUTEO A NCiABV PUBLIC. S7A?E OF ILLINOIS MV COMMISSION CXpFISS2-13-2009 Page 10 of 1 I i I EXHIBIT LIST Exhibit "A" Legal Description of the entire parcel, the Subject Property i Exhibit "B" Plat of Annexation Exhibit "C" M-2 General Manufacturing District Ordinance Exhibit "D" Plat of Dedication Exhibit "E" Zoning Exhibit Exhibit "F" Plat of Survey prepared by Atwell — Hicks, Inc. dated May 23, 2003 last revised 5/23/2003 M:\My PaperPort DocumentsMAMMAN COMED ANNEXATION YORKVILLELLincoin Prairie Yorkville Annexation Agreement 17MAy2005.doc Page 11 of 11 EXHIBIT "A" LEGAL DESCRIPTION OF THE ENTIRE PARCEL, THE SUBJECT PROPERTY CHICAGO TITLE INSURANCE COMPANY OWNER°S POLICE' (1992) L-1 wcot-N SCHEDULE A (CONTINUED) YO fzV=v1 e POLICY NO . : 1410 000518963 AU 5 , THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS : PARCEL ONE : THAT PART OF THE SOUTH 1/2 OF SECTION 18 AND THE NORTHWEST 1/4 OF SECTION 19 , ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 18 ; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHWEST 1/4 , 1030 . 91 FEET ; THENCE NORTH 89 DEGREES 57 MINUTES 33 SOUTH EAST, 3352 . 25 FEET ; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST , TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF THE CHICAGO , BURLINGTON AND QUINCY RAILROAD, 844 . 76 FEET; THENCE SOUTH 74 DEGREES 23 MINUTES 26 SECONDS WEST ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT ON THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION 18 , 231 . 91 FEET; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE , 852 . 71 FEET; THENCE NORTH 73 DEGREES 28 MINUTES 36 SECONDS WEST, 514 . 80 FEET TO THE SOUTH LINE. OF SAID SOUTHWEST 1/4 ; THENCE SOUTH 88 DEGREES 38 MINUTES 24 SECONDS WEST, ALONG SAID SOUTH LINE OF SAID SOUTHWEST 1/4 1816 . 32 FEET TO THE POINT OF BEGINNING , IN KENDALL COUNTY , ILLINOIS PARCEL TWO : THAT PART OF THE SOUTH 1/2 OF SECTION 18 , TOWNSHIP 37 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHWEST 1/4 , 1917 . 41 FEET , TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST TO A POINT ON THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION , 3126 . 88 FEET; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE , 223 . 50 FEET ; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, 886 . 50 FEET ; THENCE SOUTH 89 DEGREES 57 MINUTES 33 SECONDS WEST, TO A POINT ON SAID WEST LINE, 3352 . 25 FEET ; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE , 886 . 50 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS PARCEL THREE : THAT PART OF THE WEST 1/2 OF SECTION 18 , TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 18 ; THENCE SOUTH 00 DEGREES 00 MINUTES 54 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHWEST 1 /4 , 1929 . 92 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES Ol MINUTES 27 SECONDS EAST, 565 . 21 FEET ; THENCE SOUTH 59 DEGREES , _ 16 MINUTES 25 SECONDS EAST 913 . 73 FEET ; THENCE SOUTH 00 DEGREES 04 MINUTES 45 SECONDS EAST, 191 . 76 FEET ; THENCE SOUTH 23 DEGREES 01 MINUTES 57 SECONDS EAST, 820 . 55 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 33 SECONDS WEST, TO A POINT ON THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION, SAID POINT BEING 1917 . 41 FEET NORTHERLY OF THE SOUTHWEST CORNER OF SAID SECTION AS MEASURED ALONG THE WEST LINE OF SAID SECTION, 1671 . 52 FEET; THENCE NORTH 00 CONTINUED ON NEXT PAGE THIS POLICY VALID ONLY IF SCHEDULE B I8 ATTACHED . �PL41592 AEM 10/30 / 03 14 : 34 : 45 CHICAGO TITLE INSURANCE COMPANY OWNER S POLICY (1992) ``' a SCHEDULE A (CONTINUED) POLICY NO . : 1410 0005189 63 AU DEGREES 00 MINUTES 54 SECONDS WEST , ALONG SAID WEST LINE TO THE WEST QUARTER CORNER OF SAID SECTION, 722 . 59 FEET ; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION, 702 . 00 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS PARCEL FOUR : THAT PART OF THE SOUTHEAST 1 /4 OF SECTION 18 , TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 18 ; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, ALONG THE NORTH AND SOUTH QUARTER LINE , 3437 . 83 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST, 223 . 50 FEET TO THE POINT OF BEGINNING ; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF THE EAST 1/2 OF SAID SECTION, 1102 . 80 FEET; THENCE SOUTH 00 DEGREES 16 MINUTES 12 SECONDS EAS , ALONG SAID EAST LINE TO A POINT ON THE NORTH RIGHT OF WAY LINE OF THE CHICAGO BURLINGTON AND QUINCY RAILROAD, 1423 . 23 FEET ; THENCE SOUTH 74 DEGREES 23 MINUTES 26 S3^.ONDS WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT 231 . 91 FEET NORTHEASTERLY OF SAID QUARTER LINE AS MEASURED ALONG SAID NORTH RIGHT-OF-WAY LINE , 1147 . 75 FEET ; THENCE NORTH 00 DEGREES 08 MINUTES 07 SECONDS WEST, PARALLEL WITH SAID QUARTER LINE , 1731 . 26 FEET TO THE POINT OF BEGINNING , IN KENDALL COUNTY, ILLINOIS PARCEL FIVE : THAT PART OF THE NORTHWEST 1/4 OF SECTION 18 , TOWNSHIP 37 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN , DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST 1 /4 ; THENCE NORTH 88 DEGREES 25 MINUTES 46 SECONDS EAST , ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 , 1643 . 82 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 45 SECONDS EAST 1385 . 95 FEET ; THENCE SOUTH 89 DEGREES 59 MINUTES 08 SECONDS WEST, 1644 . 76 FEET TO A POINT ON THE WEST LINE OF SAID NORTHWEST 1/4 , 1644 . 76 FEET ; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE , 1339 . 30 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS PARCEL SIX : THAT PART OF THE NORTHWEST 1/4 OF SECTION 18 , TOWNSHIP 37 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST 1/4 ; THENCE NORTH 88 DEGREES 25 MINUTES 46 SECONDS EAST , ALONG THE NORTH LINE OF SAID NORTHWEST 1 /4 , 1643 . 82 FEET TO THE POINT OF BEGINNING ; THENCE NORTH 88 DEGREES 25 MINUTES 46 SECONDS EAST, ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID NORTHWEST 1 /4 , 1477 . 01 FEET ; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST , ALONG THE EAST LINE OF SAID NORTHWEST 1/41 926 . 62 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 08 SECONDS WEST, 163 . 69 FEET ; THENCE SOUTH 00 DEGREES 00 MINUTES 52 SECONDS EAST, 252 . 72 FEET ; THENCE NORTH 89 DEGREES 59 MINUTES 08 SECONDS EAST, 164 . 12 FEET TO A POINT ON SAID EAST LINE ; THENCE SOUTH. 00 DEGREES 08 MINUTES 07 SECONDS EAST , ALONG SAID EAST LINE, 249 . 67 FET; THENCE SOUTH 89 DEGREES 5 � MINUTES 08 SECONDS WEST 1477 . 90 FEET ; THENCE NORTH 00 DEGREES 04 MINUTES 45 SECONDS WEST 1388 . 90 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY , ILLINOIS i THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED . OPOIAS2 10/30/03 14 : 34 : 47 EXHIBIT 'Bu PLAT OF ANNEXATION i i l x•xz g gz9 gg a[$ z zr qd z tt & Z dd E r Ill r �� gg$i �yyu #e�ptE G�id gh B$Bi99 x� ;z � Il9 Eel � ' i Std F v g sd a 11,14 6 E a 9a v v �° ; . .€ & e d t' �R��Ek°°8v� z 1 '•4g @ " 9d :ge3 �: d•�Aq� 9e• � a €�{ ° z°Z E ! 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Ow Ent ma fi _yr)..'s Fes` 2-- uT vY' `M�v�• .... 9 r, tY uu .-sue y '•j a p is E . M. � '-_fir y .'b. I �-'-, '•'Z� '� -y�eYi' IN I Wit n make woN, too Std..` \ N: I • - i "�. -_ 1- @ F ! ai i • �.I,w . I kI$ a ..y 3,,. I mu EYE it � y g s N BIBB _ €Fg t ryypa '� ; ,Np {{Fpxpa ! m y p as-•awe s;. . • • " Zm_. mr � a RIIn' b` ngF € kk $ g6R �t@ Fo Nit td9 Jai 6 a f= g L �0 a EXHIBIT °C" M=2 GENERAL MANUFACTURING DISTRICT ORDINANCE I i l- YN% C� f I 10-86-1 10-813-2 CHAPTER 8 MANUFACTURING DISTRICTS ARTICLE B. M-2 GENERAL MANUFACTURING DISTRICT SECTION : 10-8B-1 : Uses Permitted 10-8B-2: Conditions of Permitted Uses 10-88-3: Special Uses 10-813-4: Yard Areas 10-8B-5: Lot Coverage 10-88-6: Floor Area Ratio 10-86-7: Signs 10-8B- 1 : USES PERMITTED: The following uses are permitted: Any use permitted in the M-1 District. Any production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products which conforms to the performance standards established for this District' . Cemer �block manufacture. r.. Contractor or construction such as: building, cement, electrical, refrigeration , masonry building, plumbing, roofing, air conditioning, heating and ventilating, fuel oil, with a storage of fuel oils, gas and other flammable products limited to twelve thousand (12,000) gallons per tank, with a total storage on zoning lot not to exceed fifty thousand (50,000) gallons. (Ord. 1973-56A, 3-28-74) 10-86-2: CONDITIONS OF PERMITTED USES: Ali. permitted uses are subject to the following conditions: 1 . See Section 10.8.1 of this Title. City of Yorkville i I C 10-88-2 10-88-5 A. All production , processing, cleaning, servicing, testing, repair or storage of goods, materials or products shall conform with the performance standards set forth in Section 10-8-1 of this Title. B. Within one hundred fifty feet (150) of a residence district, all business, production , servicing, processing and storage shall take place or be within completely enclosed buildings; except, that storage of materials or products may be open to the sky provided the storage area is enclosed with a solid wall or fence, as required by the Zoning Administrator. However, within such one hundred fifty feet (150') of a residence district, off-street loading facilities and off-street parking of motor vehicles under one and one-half (11/2) tons' capacity may be unenclosed, except for such screening of parking and loading facilities as may be required under the provisions of Chapter 11 of this Title. (Ord. 1973-56A, 3-28-74) 10-88-3: SPECIAL USES: The following uses may be allowed by special use permit in accordance with the provisions of Section 10-14-6 of this Title: Any use which may be allowed as a special use in the M-1 District. Railroad repair shops, maintenance buildings and switching yards. Stone and gravel quarries and crushing, grading, washing and loading equipment and structures, provided the land is redeveloped by the owner in accordance with a plan of redevelopment approved with the granting of the special frse permit and is accompanied by a bond in the amount of the estimated cost of redevelopment. (Ord. 1973-56A, 3-28-74) 10-813-4: YARD AREAS: All yard areas shall be the same as required In the M-1 Limited Manufacturing District. (Ord. 1973-56A, 3-28.74) 10-813-5: LOT COVERAGE: Not more than sixty percent (60%) of the area of a lot may be covered by buildings or structures, including accessory buildings. (Ord. 1973-56A, 3-28-74) City of Yorkville c� �� (::!- 3 &6 --5 10-813-6 10-813-7 10-86-6: FLOOR AREA RATIO: Not more than 0.85. (Ord. 1973-56A, 3-28-74) 10-86-7: SIGNS: The use of signs in this District shall be subject to the same regulations as set forth in Section 10-12-3 of this Title. (Ord. 1973-56A, 3-28-74; 1994 Code) I� i City of Yorkville EXHIBIT "D'° PLAT OF DEDICATION a • •g ! t 4 9 ' t SxX Fd eel ;1( f1,F '2 AiYFt ] a I ` $g aq @ ®• pF tgg¢ > e§ ig $°a € "€&a iil t "aV i §!1F _p $ 9at ° a€ I x €°S. t e !3s I F ; eeSs S 1,1411 c. t it 4 $at 4F > OR AIR yy{app�9 Let p s fjF€ €v € R ° $E °i Ytk rte:ate•, gtg �t�:��; "tx ELDAAIAIN .mwr.. � ,ruv ROAD €g 1 � \\\ 5t e a g JP8 O o t () Q t e ga i\• I tI \, gg , e � BECCHER ..e ....e..•o eT,�~ —�— y��y \�� g \ lit .�+ i �-• RX L; 1v! a SRe € Xk0[A� $6a$ MVV a 3 °9 X i$ d $pit 1 } xttg c! - -T piSttY t 3aA,egR Rptt 0€6aR ja t ; R 39 Agg°' t t•t Xp gatf 9• qi' 8 p e 6�t g P !"R € {g0{$�. ° 9 tP °!R { �- �e §1 ji R 42 t tb.t Fggt Cq�; 6 6tgu S v!° 9 e l°e xt; v e a �l�9tlpgc 9E&k ° t° " ;$ x k;LL tl! 8 [ t Y x t area laxE°l:ut[[��C§ Z�ttoRA X � ECR gR�ge �;X R $ °C[ a l��R p �gi' Eb g ¢ ® >; ° elty [ aFA tg t a �§g ! g,, e9 g tt : $! ° 4 glg€ u t€a� e�t -$�' t d&°s"t§ E � �&�� { t {,,. gp{says � t Ya{9�gq� x 1F R6 t gggq$! 9tt�� e .3 6 ecRB ® °A€te pp E i' k� i�S °E 99t°te L R - A $ P g A�$R ¢ ggppg€x'A:t° g° =t•3ttA gg§ aSBEXppWIpN g€ggCk OAR !p C Ott t t§° g $g FgL g [t'PttAW mmm t !. 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IR€' e�Ed 8$ Ei 41 E[$ Ec p F n v "xg § p^ I§ e.9xaE�3€H x#x &a '" a€ it pea_ E Eff All C l EB 6� C 11# 0 e°$ N a ^�` ti ` • p $x Nm^ ` ATWELL-HICKS INC. PLAT OF SURVEY gq- E }' SEOTON18,MR,RYE,BRISTOLTOWRSNIV. $ y 3 �n. 2 q �yeO'A9 KENDALLO WY, ILLINOIS b8bo#pLn�YA I M wrf.l+�w `vi='ii�a it a`�il rav ov ssu'ie$v wa `,�Eo C/13, Reviewed By: Agenda Item Number o Legal ■ E fj O -itJ Finance F-1 EST. '-- 1838 Engineer ■ - Tracking Number O City Administrator ■ a 4 4 Consultant ■ PC—2008-04 E. � F-1 Agenda Item Summary Memo Title: Yorkville Town Center PUD—Raycorp,Inc. PUD Amendment and Rezoning Request Meeting and Date• City Council/May 27,2008 Synopsis: Request to amend the current PUD Agreement and Concept PUD Plan and rezone the property to PUD (from R-3 PUD) Council Action Previously Taken: Date of Action: March 25, 2008 Action Taken: Public Hearing conducted Item Number: Type of Vote Required: Majority Council Action Requested: Approval of Agreement Amendment and Rezoning Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: Please refer to attached staff report. Amended Agreement is in final form. Ordinance No. AN ORDINANCE APPROVING THE FIRST AMENDED ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS (Yorkville Town Center) WHEREAS, it is in the best interest of the United City of Yorkville (the "City"), Kendall County, Illinois, and the property owner, that certain amendments to that certain Annexation and Planned Unit Development between the United City of Yorkville dated October 26, 2004 (the "Prior Agreement'), pertaining to the development of the real estate commonly known as Yorkville Town Center (the "Subject Property") be undertaken and approved; and, WHEREAS, said amendments are set forth in the First Amended Annexation and Planned Unit Development Agreement (the "Amendment) between the United City of Yorkville and Raycorp, Inc. (the "Owner") as presented to this meeting for consideration by the City Council; and, WHEREAS, the Owner of record of the Subject Property which is the subject of said Amendment and the City have received said Amendment and are prepared to undertake all obligations as set forth therein; and, WHEREAS, the statutory procedures provided in 65 ILCS 5111 - 15. 1 - 1 , as amended, for the approval and execution of the amendments to annexation agreements have been fully complied with in relation to the amendment; and, WHEREAS, the Subject Property is annexed to and within the corporate boundaries of the United City of Yorkville. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, is hereby amended as follows: Section T That the First Amended Annexation and Planned Unit Development Agreement between the United City of Yorkville and Raycorp, Inc., a copy of which is attached hereto and made a part hereof, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City, said Agreement. Section 2: This Ordinance shall be in full force and effect immediately from and after its passage and approval according to law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008. ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008. Mayor Attest: City Clerk 2 STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. 2008- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (Yorkville Town Center) WHEREAS, Raycorp, Inc. (the "Owner") is the legal owner of record of property described on Exhibit A attached hereto and incorporated herein (the "Property"); and, WHEREAS, the Owner of the Property has made application by petition for the rezoning of the Property pursuant to an Annexation of the Property; and, WHEREAS, Owner has previously entered into an agreement for annexation and zoning of the property; and, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville that the City Code of the City of Yorkville be amended as follows: Section 1 . The City Council hereby concurs with the recommendation of the Plan Commission and hereby rezones the property as a Planned Unit Development as described on attached Exhibit B; and incorporated herein. Section 2. The Property shall be developed according to the terms of an Annexation Agreement approved this date by the Mayor and City Council. Section 3 : This Ordinance shall be in full force and effect immediately from and after its passage and approval according to law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008. City Clerk ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008. Mayor 2 D C/TY O� Memorandum a To:EDC/City Council EST. ��1836 From: Travis Miller CC: Lisa Pickering(for distribution) p �� GI y Date:May 21,2008 Subject:PC2008-04 Yorkville Town Center(Rezoning and PUD Agreement Amendment) PC 2008-04 Raycorp-Rezoning(R-2 Duplex to PUD) and Concept PUD Request Background The Plan Commission conducted a public hearing February 12,2008 to consider a request to amend the zoning classification from R-2 Duplex to PUD and consider the Concept PUD Plan. The Plan Commission action was as follows: - Motion to recommend rezoning to PUD classification subject to addressing staff comments and the following items in the amended PUD Agreement: • Provide access to the property to the south(Pottinger); • Require development to adhere to the `dark sky' requirements for parking lot lights and building lights; • Provide a minimum of two points of ingress/egress to the property, including one across property to the east(Hughes); • Require improvements of Route 71 to include dedicated turning lanes at the entrance in the event IDOT does not require; 8 ayes; 0 no - Motion to recommend approval of the Concept PUD Plan subject to staff comments. 8 ayes; 0 no Findings Necessary for a Zoning Amendment shall be based on the following: 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 -4-76) Comprehensive Plan Recommendations relevant to this site: • The Comprehensive Plan Land Use Plan for the property recommends Transitional Neighborhood. • The Comprehensive Plan identifies Route 71 as a "gateway corridor." Given this distinction, attention should be given to the landscaping along this route along with providing trail/sidewalk to connect into the surrounding properties. (note: the amended agreement addresses this in Article III Section I second paragraph) Staff Comments: Amended PUD Agreement: • Attached to this report is the First Amendment Annexation and PUD Agreement for Yorkville Town Center. Staff has reviewed this document and recommends approval. Notes: Plan Commission recommendations have been addressed in the agreement as follows: • Article IV Section 1 — provision added to "provide access to the property to the south (Pottinger)'; • Article III Section 3 — provision added to "require development to adhere to the `dark sky ' requirements for parking lot lights and building lights • Article IV Section 3 — provisions added to "provide a minimum of two points of ingress/egress to the property, including one across property to the east (Hughes)", and to "require improvements of Route 71 to include dedicated turning lanes at the entrance in the event IDOT does not require'; - Design Guidelines for the signage program from the 2005 Comprehensive Plan Update, Southern Study Area are being required of this PUD (Article III Section 6.13 and Exhibit V) - The Appearance Code `Guidelines for unbuilt sites' will be requirements of this property per Article V Section 16. • Economic Incentive Provision: o Article IV Section 15 includes the terms proposed for the Economic Incentive Agreement proposed for this development/property. The rebate sales tax revenue in the amount of $ 1 .6 million is contingent upon the following terms: • A maximum rebate of 50% of sales taxes generated annually; • A cap of 12 years; • A minimum requirement for the size of the anchor (40,000 square feet) as well as the ancillary retail uses (80,000 square feet) to be open and operating within 5 years of the date of the incentive agreement. o Staff has researched the revenues generated by a similar grocery anchor (Jewel and Yorkville Marketplace) and, the total sales tax generated at Jewel/Yorkville Marketplace were $ 1 .5 million between January 2004 and March 2007. Assuming a similar pace of occupancy and sales, 1 .6 million in 12 years is a reasonable time period. Execution Copy — 5/21/08 TABLE OF CONTENTS PAGE ARTICLE I - PLANNED UNIT DEVELOPMENT ZONING APPROVAL ........................................ 2 ARTICLE II - PLANNED UNIT DEVELOPMENT PLANS .................................................................. 2 SECTION 1: APPROVED CONCEPT PLAN. ...................................................................a............. 2 SECTION 2: REVIEW AND APPROVAL OF PRELIMINARY AND FINAL PLATS AND PLANS ........................................................................................................a..........a....... 3 A. Preliminary Plans .......................................................................................................................... 3 B. Final Plans....................................................................................................................................0.. 3 C. Review of Plans................................................................................................................0............. 4 SECTION 3: PROPERTY OWNERS' ASSOCIATION COVENANTS, CONDITIONS AND RESTRICTIONS OF RECORD. ..............................P............................o.o....................P 4 SECTION 4: DORMANT SPECIAL SERVICE AREA.................................................................... 4 ARTICLE III - DEVELOPMENT STANDARDS ..................................................................................... 4 SECTION 1: ZONING AND LAND USE REQUIREMENTS. ...................................................... 4 SECTION 2: BULK DESIGN STANDARD MODIFICATIONS. ......................................4........a.. 5 SECTION3: LIGHTING. ................................................................................................................... 5 SECTION 4: TEMPORARY CONSTRUCTION FACILITIES. ........................a............................. 5 SECTION5: STREET ACCESS. ..............................................................................a....a..................... 5 A. Restricted Access; ...............I...1.11......P......................................................................a..................... 5 B. Minor Streets .................................................................................................................................. 5 C. Street Setbacks and Roadway Width ..............................................................a........................... 6 SECTION6: SIGNAGE. ............................................................................................4........................ 6 A. Temporary Signage: ...................................................................................................................... 6 B. Permanent Signage.........................................................................................0.............0................ 7 SECTION 7: CONFLICT WITH DEVELOPMENT ORDINANCES. .............0..0..0...............0....... 7 SECTION8: FEES AND CHARGES. ............................................................................................... 8 A. Review Fee.....%..P...........%...........a....I...a.......P..0........&.....P............a.............................0..0....0............... 8 B. Administration/Inspection Fee ........................................................................0.......................... 8 C. Weather Warning Siren ........................................................................................a....................... 8 D. Coordination Fee: ...............................................................................a......4..........P...P ....P............4-. 8 E. Consultant Invoices for Engineering, Wetland, Legal, Land Planner.....4.............................. 9 R Commercial Building Fees ...............................................................................................4........... 9 SECTION 9: SANITARY SEWER SERVICE. ...............................................................................I... 9 SECTION 10: POTABLE WATER SERVICE. .....0...0.......0....4................................%.......................... 10 SECTION 11: STORM SEWER FACILITIES. .................................................................................. 10 SECTION 12: OWNERSHIP OF PUBLIC UTILITIES. ................................................................... 10 SECTION 13: OFF-SITE IMPROVEMENTS/RECAPTURE/INSPECTIONS. ........................... 10 SECTON 14: ACCEPTANCE OF PUBLIC IMPROVEMENTS/SECURITY INSTRUMENTS . 11 A. Acceptance of Public Improvements ........................................................................................ 11 B. Posting Security ........................................................................................................................... 11 C. Release of Underground and Streets ........................................................................................ 11 D. Transfer and Substitution.........P..........q............v..............4..... ..................4................................. 12 SECTION 15: AMENDMENTS TO ORDINANCE. ....................................................................... 12 SECTION 16: BUILDING MATERIAL. ....................................4.....4.4.........&..................P................. 12 SECTION 17: STORMWATER POLLUTION PREVENTION PLAN (SWPPP.)........................ 12 SECTION 18: WATER MAIN AND SANITARY SEWER LINE RECAPTURE. ........................ 12 ARTICLE IV — GENERAL PROVISION.................................................................................................. 13 SECTION 1: ON—SITE EASEMENTS AND IMPROVEMENTS.................................................. 13 SECTION 2: OFFSITE EASEMENTS AND CONSTRUCTION. ....................... ....................o... 14 SECTION 3: BUILDING CODE. ............................o................ .....................o........................o....o..o 14 SECTION 4: BUILDING PERMITS. ................... ........o.....o.o...................o.....o...o............................ 14 SECTION 5: OCCUPANCY PERMITS. ......................................................................................... 15 SECTION 6: RESTORATION OF CITY PROPERTY. .................................................................. 15 SECTION 7: MAINTENANCE OF PRIVATE FACILITIES. ........................................_............. 15 SECTION 8: COMPLIANCE WITH STATE STATUTES. ........................................................... 15 A. General .......................................................................................................................................... 16 SECTION 9: PRELIMINARY GRADING. ..................................................................................... 16 SECTION 10: INTERIOR PRIVATE STREET STANDARDS........................................................ 16 SECTION 11: DEDICATION OF STREET RIGHT—OF—WAY. ...................................................... 16 SECTION 12: CONVEYANCES........................................................................................................ 16 SECTION 13: TRANSFER OF RIGHTS AND DUTIES. ................................................................ 16 SECTION 14: DEMOLITION OF EXISTING STRUCTURES. ...................................................... 17 SECTION 15: COMMERCIAL TAX INCENTIVES........................................................................ 17 ARTICLEV — MISCELLANEOUS............................................................................................................ 17 SECTION 1: INCORPORATION OF EXHIBITS. ......................................................................... 17 SECTION2: ENFORCEMENT. ....................................................................................................... 17 SECTION 3: SUCCESSORS AND ASSIGNS. ................................................................................ 18 SECTION 4: ENTIRE AGREEMENT. ............................................................................................ 18 SECTION5: NOTICES. .................................................................................................................... 18 SECTION6: SEVERABILITY. ......................................................................................................... 19 SECTION7: AGREEMENT. ............................................................................................................ 19 SECTION8: CONVEYANCES........................................................................................................ 19 SECTION 9: NECESSARY ORDINANCES AND RESOLUTIONS. .......................................... 19 SECTION 10: TERM OF AGREEMENT. I....1.....I................. .........4..I.I........... I.I........................%..q. 19 SECTION 11: CAPTIONS AND PARAGRAPH HEADINGS. ..................................................... 20 SECTION12: RECORDING. ......q..........q...................... .................................................................. 20 SECTION 13: RECITALS AND EXHIBITS. ..................................................................................... 20 SECTION 14: COUNTERPARTS. ....,.....I.......v................. .............. ..................q.............................. 20 SECTION 15: NO MORATORIUM. ................................................................................................. 20 SECTION 16: TIME IS OF THE ESSENCE. ........................... ....... ................................................. 20 SECTION 17: EXCULPATION. ..........m....................................q...........m.....................................11111.1 21 ii Execution Copy - 5/21/08 THIS INSTRUMENT PREPARED BY AND RETURN TO' THE ABOVE SPACE FOR RECORDER'S USE FIRST AMENDED ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND RAYCORP, INC. DEVELOPER AND OWNER OF RECORD (YORKVILLE TOWN CENTER) WHEREAS, a Petition for Annexation, Rezoning, Planned Unit . Development and Preliminary Plat Approval for the real estate legally described in Exhibit I attached hereto ("Subject Realty"), was previously filed with the United City of Yorkville, Illinois ("City") by the previous owners of the Subject Realty ; and WHEREAS, the Plan Commission previously held a public hearing on said petitions in accordance with law and recommended approval thereof; and WHEREAS, the City authorized execution of, and did execute, an "Annexation and Planned Unit Development Agreement between the United City of Yorkville and Burnside Construction Company, Developer, and the Owner of Record" ("Prior Agreement") for the Subject Realty; and WHEREAS, subsequent to execution of the Prior Agreement, the previous owners sold the Subject Realty to Raycorp, Inc., who is the present owner and developer of the Subject Realty (hereinafter sometimes referred to as "Owner" and/or "Developer"); and WHEREAS, earthwork, including stormwater ponds, was commenced on the site but not completed by the Owner/Developer; WHEREAS, wetland areas have been identified on the Subject Realty and are under the jurisdiction of the Army Corps of Engineers; WHEREAS, Owner has petitioned the City to consider a change of zoning to Planned Unit Development under the commercial B-3 district regulations to allow commercial uses on the Subject Realty; and WHEREAS, the CiVs Comprehensive Plan, Design Guidelines identifies Illinois State Route 71 as 'Gateway Corridors'; and WHEREAS, a commercial development on this Subject Realty will provide the much needed commercial services to the Yorkville community in the vicinity of the Subject Realty; and WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the Subject Realty will be developed in an orderly manner; and WHEREAS, Owner and Developer and their representatives have discussed the proposed commercial Planned Unit Development zoning classification and have had a Public Hearing with the Plan Commission as to the proposed commercial Planned Unit Development classification and have had a Public Hearing with the City Council as to this First Amended Annexation and Planned Unit Development Agreement (the "Agreement"), and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. WHEREAS, the terms of that certain Prior Agreement shall be rendered void and replaced in its entirety by this Agreement; and NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, as follows: ARTICLE I - PLANNED UNIT DEVELOPMENT ZONING APPROVAL The Subject Realty shall be rezoned from The United City of Yorkville R-2 Duplex Two- Family Residence Planned Unit Development District to the commercial Planned Unit Development District utilizing the B-3 Highway Business District regulations and the provisions of this Agreement. ARTICLE II - PLANNED UNIT DEVELOPMENT PLANS SECTION 1: APPROVED CONCEPT PLAN. The Concept Plan prepared by MeritCorp, PC, with a last revision date of May z i 2008, a copy of which is attached hereto as Exhibit II ("Concept Plan") has been reviewed by the Plan Commission of the City and is hereby approved by the City as a part of this Agreement. At such time as a commercial user of the Subject Realty is obtained, said user and/or developer shall apply for a Preliminary Planned Unit Development and Final Subdivision Plan and Plat approval. 2 The Concept Plan is hereby deemed approved. Development within the Subject Realty shall be in substantial conformity with: 1) the Concept Plan as further revised in the preliminary and final planned unit development process; 2) all provisions of United City of Yorkville Municipal Code; 3) and this Agreement. Development of the Subject Realty shall be in conformity with applicable ordinances of the City, except as otherwise provided or specifically varied or limited in this Agreement, and in accordance with the additional procedures, definitions, uses and restrictions contained herein. SECTION 2: REVIEW AND APPROVAL OF PRELIMINARY AND FINAL PLATS AND PLANS. A. Preliminary Plans. All review, approval and construction of work with respect to the construction of the land improvements by the Developer shall be performed in conformity with Section 2 of this Agreement, the Preliminary PUD Plan, the Preliminary Engineering Plan, and final PUD and final engineering drawings to be submitted to the City for review and approval. The Preliminary Planned Unit Development shall be approved if it substantially conforms with the Concept Plan. Upon approval of the Preliminary Planned Unit Development by the City, the Developer shall prepare and submit to the City for approval by the City, a final plat of subdivision and final engineering for the Development. All approvals by the City staff and City engineering consultants shall not be unreasonably delayed. B. Final Plans. Developer shall have the right to develop the Subject Realty in such number of phases or units (individually a "Phase Development") as Developer may from time to time determine in its sole discretion. The Owner agrees to pursue a Preliminary PUD approval for the entire site. However the Owner shall only be required to provide final engineering for each final plat phase as presented. Upon the submittal by Developer to the City of a final plat of subdivision ("Final Plat"), final landscape plan ("Final Landscape Plan") and final engineering plans ("Final Engineering Plans") for a Phase of Development, which substantially conform with the Preliminary Plan as to such Phase of Development, the City shall promptly approve such Final Plat, (so long as it is in substantial conformity with the approved Preliminary Plan, and that Developer is not in material breach or default as to any terms of this Agreement), Final Landscape Plan and Final Engineering Plan in compliance with applicable law and cause the Final Plat to be duly recorded with the Kendall County Recorder's Office provided Developer complies with applicable City regulations pertaining to (i) the posting of the applicable Security Instruments, as defined in Paragraph 14-B of this Agreement, for such Phase of Development, (ii) the payment of applicable fees to the City has provided for in this Agreement, and (iii) the procurement of such approvals as may be required by other governmental authorities with jurisdiction thereover. The Developer may submit final planned unit development plans and/or final plats of subdivision for portions of the Subject Realty at any time during the term of this Agreement to allow for the phasing of development of the Subject Realty in such manner as the Developer may determine, so long as such phasing provides for the orderly installation of public improvements and adequate means for traffic flow and emergency vehicle access. 3 C. Review of Plans. Upon Developer's submittal to the City of preliminary and/or final engineering specification, technical details, plats and/or plans and preliminary and/or final planned unit development plans ("Plans') for the Subject Realty, the City shall promptly make such initial reviews of the Plans and shall submit a letter detailing all requested corrections. The Developer shall then make such corrections as are requested or shall confer with City staff to clarify the requested corrections and then resubmit Plans containing such corrections to the previously submitted Plans to the City. Upon resubmission of the corrections by the Developer, the City shall promptly review the corrections made by Developer and City shall submit a letter, indicating City approval or what corrections were not properly made. Upon Developer's completion of all corrections and upon City approval, the City shall thereafter issue the permits and approvals to Developer in order for Developer to start construction of the Project. SECTION 3: PROPERTY OWNERS' ASSOCIATION COVENANTS CONDITIONS AND RESTRICTIONS OF RECORD. Concurrent with and prior to recording its First Final Plat, Developer shall submit to the City and City shall review a copy of the Declaration of Covenants, Restrictions and Easements (or similarly named document) ("Declaration") which will be used by Developer to establish the covenants, conditions and restrictions for each Phase of Development. The Declaration shall provide for the authority of Developer and/or the City to establish an association (the "Property Owners Association") which shall have primary responsibility for the ownership, care and maintenance of the common open space areas within the Subject Realty ("Common Facilities") and the collection of assessments from the association members to defray the cost thereof. The Declaration shall be recorded against each Phase of Development simultaneously with the recording of the Final Plat for each Phase of Development. The Owner/Developer shall be solely responsible for creation and formation of the Property Owners' Association, although the City may have the right, but not the obligation to do so, if Owner/Developer fails to do so. SECTION 4: DORMANT SPECIAL SERVICE AREA. Owner/Developer agrees to the City enacting at the time of final plat approval, or anytime thereafter, a Dormant Special Service Area (DSSA) to act as a back up in the event that the Property Owners' Association fails to maintain the Common Facilities, including, but not limited to, private common areas, detention ponds, perimeter landscaping features and entrance signage within the Subject Realty. Owner/Developer agrees to execute any and all documentation necessary or proper to create the Dormant Special Service Area and pay any and all fees, including legal expenses, for the preparation and approval of said documentation. ARTICLE III - DEVELOPMENT STANDARDS SECTION 1: ZONING AND LAND USE REOUIREMEN'IS. The underlying zoning classification for each of the Phases of Development shall be B-3 Highway Business District pursuant to provisions of the Zoning Ordinance attached hereto as Exhibit "III". Each of the Phases of Development shall be developed in compliance with the bulk 4 design standards as set forth in the Zoning Ordinance and Subdivision Ordinance ("Bulk Design Standards"), unless otherwise provided herein. Owner/Developer shall establish the landscape buffer along Illinois State Route 71 outside of the proposed Right-of-Way line of the Illinois Department of Transportation. Said buffer shall be a minimum of 25 feet in width. All buildings must be set back a mimmum of 150 feet from the right-of-way line. SECTION 2: BULK DESIGN STANDARD MODIFICATIONS. Unless otherwise provided in the Preliminary or Final Planned Unit Development Plan to be submitted and approved by the City, which the City shall reasonably consider at such time as a commercial user is obtained, each Phase of Development shall be developed in compliance with the bulk design standards as specified in the City's Municipal Code and as universally applied throughout the City. For any new ordinances adopted subsequent to the date of this Agreement, the City shall give the Owner a six (6) month grace period from the date Owner is notified of any changes to the Applicable Codes of the City in order to comply with the new regulations. SECTION 3: LIGHTING. Owner/Developer agrees to employ the night sky/dark sky concept as required by the City Subdivision Control Ordinance during the design of all lighting features on the Subject Realty. This includes parking lot and site lighting as well as the illumination of buildings and signage. SECTION 4: TEMPORARY CONSTRUCTION FACILITIES. Owner/Developer, its successors and assigns shall have the right to place, build and utilize trailers for management, subcontractors' supply storage, and construction offices and facilities, in each Phase of Development from the time this Amended Agreement is approved by the City Council until the last occupancy permit has been issued for all commercial units permitted within the Subject Realty. Said trailers are subject to the issuance of a building permit if electricity connection is made. Said trailers may remain within any phase of development within the Subject Realty until 0 Public Improvements for such phase of development have been completed and accepted by the City SECTION 5: STREET ACCESS. A. Restricted Access: No direct driveway access shall be permitted for any lot onto Route 71. B. Minor Streets: The subdivision streets shall be private roads and shall provide access from the businesses to Route 71 and Route 47, and all users of the project roads shall agree to reasonable covenants and restrictions regarding their use and maintenance. Attached as Exhibit "N" is the approved cross section for the private road construction. Notwithstanding the approved cross section for the private road construction as set forth in Exhibit "IV", the main entrance boulevard cross section up to the main anchor parking lot shall consist of 6" of bituminous on 12" of stone with geotextile fabric. 5 Developer agree that Note # 4 on Exhibit "IV" is hereby revised to require geotextile fabric (and not lime stabilization) on the private roads throughout the project. C. Street Setbacks and Roadway Width: The entrance portion of the private roadway into the site from Route 71 to the first east-west internal street shall be a boulevard cross-section that narrows into a 2-lane cross-section before it meets the second east-west internal street. The exact location of the first intersection off Route 71 shall be determined by a traffic analysis during the preliminary plat stage. However, in no event will the location of the first east-west road off Route 71 be relocated. Setbacks shall be measured as if the entrance portion of the private roadway were an 80-foot right of way. Setbacks shall be measured as if the next north-south portion of the private roadway is a 66 foot right of way. All other roadways on the site will measure setbacks as if the roadway were a 66 foot right of way. Setbacks for the front yards shall be 50 feet, with setbacks for the side and rear yards shall be 20 feet. SECTION 6: SIGNAGE. Following the date of this Agreement and through the date of the issuance of the final occupancy pennit for the last commercial unit, Owner shall be entitled to construct, maintain and utilize temporary offsite commercial, marketing and location signs at not more than three (3) locations within the corporate limits of the City , including along Route 47 and 71, as Owner may designate (individually an "Temporary Offsite Sign" and collectively the "Temporary Offsite Signs") subject to sign permit review, approval and issuance by the City. Temporary Offsite Signs shall not exceed 64 square feet in area not exceed 10 feet in height. Temporary Offsite Signs will not be located on public right-of-way. Owner shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Temporary Offsite Signs. All signage (temporary and permanent) relating to the Subject Realty are subject to review and approval by the City. In addition to the Temporary Offsite Signs, Owner shall be permitted to construct signage, subject to sign permit review and issuance by the City, announcing and advertising the commercial development upon the Route 47 and the Route 71 frontage of the Subject Realty. A. Temporary Signage: Temporary Project Signs may be permitted for the Subject Realty as provided in this Section from the date of approval of this Agreement. 1 . Following the date of this Agreement and through the date of installation of the permanent signage as depicted on the Concept PUD Plan, Owner/Developer shall be allowed three (3) temporary sales signs ("Temporary Sales Signs"), each of which shall be double-sided. The Temporary Sales signs shall be located as shown on the Concept Plan. 2. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the last commercial unit Owner/Developer shall be allowed two (2) project marketing signs ("Project 6 Marketing Signs"). Said Project Marketing Signs may be located as shown on the Concept Plan and shall not exceed 32 square feet in area. 3. Owner/Developer shall be allowed to place such signs as shown on the Concept Plan in conformance with the standards set forth in the City Sign Code currently in effect at the date of execution of this Agreement by the city unless otherwise modified by this Agreement. B. Permanent SiMage: Permanent commercial identification signs and features shall be permitted along Route 47 and Route 71 in accordance with City Municipal Code requirements. The permanent identification sign along Route 47 shall be a monument sign located in the access road easement and shall not exceed 6 feet in height by 12 feet in width. Said signage is subject to sign permit review, approval and issuance by the City and have adequate clearance, as deemed by the City, from any underground utilities. Furthermore, the Owner agrees to incorporate of the requirements recommended by the Comprehensive Land Use Plan Update for the Southern Study Area, Design Guidelines, Community Character Principle 13 (Exhibit "V") SECTION 7: CONFLICT WITH DEVELOPMENT ORDINANCES. To the extent of any conflict, ambiguity or inconsistency between the terms, provisions or standards contained in this Agreement and the terms, provisions or standards, either presently existing or hereafter adopted, of the City Code, the Zoning Ordinance, Sign Ordinance, Landscape Ordinance, the Subdivision Ordinance, as heretofore identified, City Reimbursement of Consultants and Review Fees Ordinance, City School Transition Fee, and City Development Fee, or any other City code, ordinance, policy or regulation, (collectively defined herein as "Development Ordinances"), provisions of this Agreement shall govern and control. These Development Ordinances shall be the Ordinances that govem this Subject Realty and as to the dates of this Agreement and any amendment to the Development Ordinances shall not apply to the Subject Realty for a period of five (5) years from the date of this Agreement. Notwithstanding the foregoing, if any City code, ordinance or regulation is hereafter adopted or amended as to life safety issues which are applied uniformly within the City said Ordinance shall apply for that purpose to the Subject Realty. All Development Ordinances in effect as of the date of execution of this Agreement shall continue in effect insofar as they relate to the development of the Subject Realty, except as provided in this Agreement, for a period of five (5) years. Any amendment, repeal, or additional regulations, which are subsequently enacted by the City, shall not be applied to the development of the Subject Realty except upon the written consent of the Owners and Developer during said five (5) year period. After said five (5) year period, the Subject Realty and its development will be subject to all ordinances, regulations and codes of the City in existence on or adopted after the expiration of said five (5) year period, provided, however; that the application of any such ordinance, regulation or code shall not result, alter or eliminate any of the ordinance variations provided for herein; nor result in any subdivided lot or structure constructed within the Subject Realty being classified as non-conforming under any ordinance of the City. 7 If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of any improvements, buildings, appurtenances, or any other development of any kind or character upon the Subject Realty, other than those upon which site plan approval may be based, are amended or modified to impose less restrictive requirements on development or construction upon properties situated with the City's boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the Owners and Developer, and anything to the contrary contained herein notwithstanding, the Owners and Developer may proceed with development or construction upon the Subject Realty pursuant to the less restrictive amendment or modification applicable generally to all properties within the City. SECTION 8: FEES AND CHARGES. Fees and charges may be assessed against the Subject Realty provided any such fee or charge is or shall be collected by the City on a uniform basis from all commercial owners, users and developers of property within the City. The city shall not increase the amount of any fee or charge for building permit fees, occupancy permit fees, plan review fees, inspection fees, utility fees, application fees or use fees for the Subject Realty within a five (5) year period from the date of this Agreement, unless such increases are: (i) made generally applicable to all owners, users and developers of property with the City; and (ii) such increases are reasonably related to increased costs incurred by the City in providing the services for which such fee is assessed. The City's Development Ordinances and resolutions establish the City policy with respect to fees and contributions to be made by commercial developers of real estate. The fees payable shall be those established by the City's Development Ordinances and resolutions on the date of approval of this Agreement by the City, including but not limited to the following: A. Review Fee: Owner/Developer agrees to pay, at final plat approval for each phase of the development, a Review Fee at the rate of 1.25% of the approved engineer's estimate of cost of all land improvements, as defined in the Subdivision Ordinance in effect at the time this Agreement is signed. B. Administration/Inspection Fee: Owner/Developer agrees to pay, at final plat approval, an Administration/Inspection Fee at the rate of 1.75% of the approved Engineering estimate of construction costs of land improvements, including but not limited to, all public improvements to be dedicated to the City, mass earth grading, and quasi- public improvements to be maintained by the Property Owners' Association. C. Weather Warnin Siren, iren: Owner/Developer agrees to pay, if not previously paid at annexation, a weather warning siren fee to the City of $75.00 per acre, or a total of $1,800.00. Said contributions and fees, as they apply to the Subject Realty, shall not be increased from the date of approval by the City of this Agreement. D. Coordination Fee: Owner/Developer agrees to pay, at final plat approval, a Coordination Fee at the rate of .35% of the approved Engineering estimate of construction costs of land improvements, including but not limited to, all public improvements to be dedicated to the City, mass earth grading, and quasi-public 8 improvements to be maintained by the Property Owners' Association. Pursuant to City Ordinance 2006-11, the Coordination Fee shall only be due and payable if the review is performed by an outside consultant paid for by the Owner/Developer as described in item E below, and a fee of 1.25% as described in item A above is not applied. In the event that the City staff performs review for the development plans, item A above is applied, then the Coordination Fee shall not be due and payable. E. Consultant Invoices for Engineering, Wetland, Legal, Land Planner: Owner/Developer agrees to pay any and all recording fees and costs, public hearing costs, public hearing costs including a written transcription of public hearing and outside consultant costs including legal review, land planner review, zoning coordinator review, environmental and engineering review. Should the Owner/Developer not pay these fees directly, the Owner/Developer is responsible for reimbursing the City for the aforementioned fees and costs related to the development of the Subject Realty. F. Commercial Building Fees: The Owner/Developer agrees to the fee schedule attached for Commercial Building Fees (Exhibit "VI") subject to the terms of this Agreement. SECTION 9: SANITARY SEWER SERVICE. Developer shall cause the Subject Realty, to be annexed to the Yorkville-Bristol Sanitary District ("Yorkville Bristol" or "'YBSD") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of Yorkville-Bristol. The installation of sanitary sewer lines to service the Subject Realty and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol shall be carried out in substantial compliance with the Final Engineering as approved by the City for each Phase of Development. The City shall fully cooperate with Owner and Developer in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, permitting the construction and connection of the sanitary sewer lines to the Yorkville-Bristol facilities, in order to facilitate the development and use of each Phase of Development of the Subject Realty. In the event the Yorkville Bristol Sanitary District or City requires Owner/Developer to oversize sanitary sewer mains, the parties shall enter into a written agreement specifically providing that said costs shall be the subject of a Recapture Agreement and Recapture Ordinance in favor of Owner/Developer before Owner/Developer is required to perform any oversizing. 9 SECTION 10: POTABLE WATER SERVICE. The City acknowledges that it owns, operates and maintains a potable water supply and distribution system within its borders and water mains along a portion of the perimeter of the Subject Realty, which system and mains have sufficient capacity and pressure to accommodate the anticipated potable water and fire protection needs of the Subject Realty to the extent the Subject Realty is developed in accordance with the Concept Plan. The City shall cooperate with Developer in obtaining all off-site easements necessary and shall grant Developer access to all City-owned right-of-way to enable Developer's provision of potable water service to the Subject Realty. Developer shall restore property affected by off-site extension of water lines to its existing condition prior to said construction. In the event the City requires Owner/Developer to oversize water mains, sanitary sewer mains, or storm sewer lines, the parties shall enter into a written agreement specifically providing that said costs shall be reimbursed by the City, or be the subject of a Recapture Agreement and Recapture Ordinance in favor of Owner/Developer before Owner/Developer is required to perform any oversizing. SECTION 11: STORM SEWER FACILITIES. Any storm water detention facility constructed on-site shall comply with the requirements of the City Codes and Ordinances. SECTION 12: OWNERSHIP OF PUBLIC UTILITIES. All public utilities, including but not limited to sanitary sewer and water mains shall be owned and maintained by the City after acceptance in accordance with the Subdivision Ordinance. Any storm water detention facilities shall be owned by the Property Owner's Association and maintained by said Association. SECTION 13: OFF-SITE IMPROVEMENTS/RECAPTURE/INSPECTIONS. A. The City agrees to respond to all requests for required inspection or permits within seven (7) days and to issue or reject (with explanation for corrections) approvals and/or permits within thirty (30) days. B. Off-site improvements for the provision of water, sanitary sewer, roads, and other utility and infrastructure services shall be provided by Owner/Developer according to the City Subdivision Ordinance. After the installation of improvements by Owner/Developer, the United City of Yorkville shall deliver to the Subject Realty potable water characterized by such minimum flows and pressures as required by the Illinois Environmental Protection Agency. C. The City agrees to adopt a Recapture Ordinance for the benefit of Owner/Developer for any off-site access roads, and Route 71 roadway improvements, including but not limited to stoplight and east bound turning lane costs benefiting future users that are contiguous or within a reasonable service area of the Subject Realty. Any recapture shall be done by Ordinance after the City has reviewed Engineer's drawings, pursuant to the Engineer's Estimate of Cost and Actual Cost of the Improvements 10 submitted by Owner/Developer, and approved by a majority vote of the City Council, The Parties agree it is the intention that the recapture amount be fifty (50 1/6) percent of the total cost of the off-site access roads and Route 71 roadway improvements. Full intersection improvements will not be fully recapturable as the Subject Realty is a beneficiary of these improvements. D. Owner/Developer and City agree that if easements are necessary for off-site improvements to serve Subject Realty with utility and municipal services. The United City of Yorkville hereby agrees to use its best efforts, to assist the Owner/Developer in the acquisition of easements or permission to use easements from private parties, Bristol Township, Kendall County and the State of Illinois. The actual cost of acquisition of any easement shall be at the expense of Owner/Developer. SECTION 14: ACCEPTANCE OF PUBLIC IMPROVEMENTS/SECURITY INSTRUMENTS. A. Acceptance of Public hnprovements: The public improvements constructed as a part of the development of each Phase of Development shall be accepted by the City pursuant to the provisions of the Subdivision Ordinance. The City shall exercise good faith and due diligence in accepting said public improvements following Developer's completion thereof for each Phase of Development in compliance with the requirements of the Subdivision ordinance, and shall adopt the resolution accepting said public improvements within sixty (60) days following the completion of the punchlist, provided the public improvements have been accepted by the City. Should the City not approve the public improvements, it shall provide a detailed written description of why the improvements are not being accepted to the Developer within 60 days of Owner'/Developer's request for acceptance. B. Posting Security: Developer shall deposit, or cause to be deposited, with the City, such irrevocable letters of credit, contractor's performance bonds or surety bonds ("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the City. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the City at the time this Agreement is executed. All such Security instruments if in the form of an irrevocable letter of credit shall be substantially in a form agreeable to the City. The City, pursuant to recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security instruments by an amount not in excess of eighty five percent (85%) of the value certified by the City Engineer of the completed work, so long as the balance remaining in the Security instruments is not more than one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. The Security Instruments for the public improvements for each Phase of Development shall be deposited with the City prior to the recordation of the Final Plat for each Phase of Development. C. Release of Underground and Streets: Upon completion and inspection of underground improvements, street and related road improvements in each Phase of Development and acceptance by the City, Developer shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the City, in conformance with the City Subdivision Ordinance. 11 D. Transfer and Substitution: Upon the sale or transfer of any portion of the Subject Realty, Developer shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the City of a substitute Security Instrument approved by the City, securing the costs of the improvements set forth therein by the proposed substitute Developer. SECTION 15: AMENDMENTS TO ORDINANCE. All ordinances, regulations, fees, and codes of the City including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, building requirements, official plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the Subject Realty and its development for a period of five (5) years from the date of this Agreement. Any Agreements repeal or additional regulations which are subsequently enacted by the City shall not be applied to the development of the Subject Realty except upon the written consent of Developer during said five (5) year period. After said five (5) year period, the Subject Realty and its development will be subject to all ordinances, regulations, and codes of the City in existence on or adopted after the expiration of said five (5) year period. Developer shall not be entitled to a freeze on amendments to ordinances where it would affect the City's ISO rating. The foregoing to the contrary notwithstanding, in the event the City is required to modify, amend or enact any ordinance or regulation and to apply the same to the Subject Realty pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the Subject Realty and be complied with by Developer, provided, however, that any so-called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the Subject Realty shall be given full force and effect. SECTION 16: BUILDING MATERIAL. Exterior building materials shall be in compliance with the City Appearance Code regarding commercial buildings attached as Exhibit "VII". Furthermore, Section 4 Non- Residential, b. Building Design, (1) Commercial, Office and Institutional Uses, (b) Guidelines for Unbuilt Sites 1-10 shall be required to be incorporated in the Preliminary Plan submittal. SECTION 17: STORMWATER POLLUTION PREVENTION PLAN (SWPP.) The Owner has a valid NOI issued by the Illinois Environmental Protection Agency (IEPA), a copy of which is attached as Exhibit "VIII". Owner shall perform whatever work, if any, required by IEPA in conjunction with the existing IEPA NOT permit, to keep the NOI valid. Any deficiencies noted by IEPA and/or the City will be corrected within 14 days of the date of notice. SECTION 18: WATER MAIN AND SANITARY SEWER LINE RECAPTURE. The Subject Realty is subject to a recapture payment to the City for water and sanitary sewer infrastructure per Resolution 1995-12 and amended by Resolution 1995-28. The Owner agrees to pay the City the recapture amount set forth in said Resolution necessary for water and sewer lines installed by the City at the time of final plat approval or when the IEPA permit 12 applications are submitted to the City for signature, whichever occurs first. The recapture rate for non-residential property at the date of this Agreement is $3,440.00 per acre. ARTICLE IV - GENERAL PROVISION SECTION 1: ON-SITE EASEMENTS AND IMPROVEMENTS. The Owner/Developer agrees to make an agreement with the adjacent property owner regarding cross access to allow access to the adjacent property to the south (Pottinger property). At the time of recordation of each final plat for the Subject Realty, the owner of such platted area shall grant to the City, at no cost to the City, on-site easements which are determined by the City Council to be necessary for the provision of Public Improvements for the Subject Realty, including but not limited to easements for lift stations, sanitary sewer, water main, electric utility, cable television, storm sewer, stormwater detention and retention, and drainage facilities of sufficient capacity and elevation to provide free flowing and unobstructed outfall of stormwater from areas tributary to the Subject Realty, all as depicted on the Final Engineering Plans or as required by the Subdivision Ordinance. Except for such time to effectuate the reconnection of any public utility system, there shall be no material disruption or discontinuation of the operation of any public utility system, or storm or surface water drainage system by virtue of establishing new easements and vacation any of existing easements, to the extent reasonably practicable. The City shall be granted blanket easements, which shall be included in the Declaration of Covenants, Restrictions and Easements for the subdivisions, for a phase of development, over the private access roads and parking facilities contained therein for utility maintenance, and for police, fire, and other emergency vehicles. When each final plat of subdivision is recorded for the Subject Realty, Developer shall pay for the design engineering, construction engineering and installation of all on-site land improvements as defined herein and under the United City of Yorkville Municipal Code, and as reasonably determined by the City Council to be necessary for the development of the Subject Realty in compliance with the Final Plat and Final Engineering Plans. In the event that during the development of the Subject Realty Developer determines that any existing utility easements and/or lines require relocation to facilitate development of the Subject Realty in accordance with the Final Plat, the City shall fully cooperate with Developer in causing the vacation and relocation of such existing easements, and all costs thereof shall be borne by the Developer. If any easement granted to the City as a part of the development of the Subject Realty is subsequently determined to be in error or located in a manner inconsistent with the intended development of the Subject Realty as reflected on the Final Plat and in this Agreement, the City shall fully cooperate with Developer in vacating and relocating such easement and utility facilities located therein, which costs shall be bone by the Developer. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, Developer shall pay for the cost of design and relocation of any such easement and the public utilities located therein. Developer shall provide for the interconnection, through appropriate storm drainage easements, swales and structures, of the storm sewer system constructed within the Subject Realty with the outfall structures and surface channels adjacent to the Subject Realty. 13 SECTION 2: OFFSrrE EASEMENTS AND CONSTRUCTION. The Owner/Developer agrees to include and construct dedicated turning lanes (both east and west) as part of the improvement plan for the Subject Realty's entrance at Route 71. It is understood by the parties that this intersection facility is within the jurisdiction of the Illinois Department of Transportation (IDOT) and any requirements as deemed necessary by IDOT for this intersection shall be incorporated into the improvement plan. In the event IDOT does not require dedicated turning lanes, the Owner/Developer agrees to request IDOT allow said lanes as additional components of the intersection in excess of the minimum requirements, but Owner/Developer shall only be required to construct the dedicated turning lanes if IDOT issues a permit to construct them. The Owner/Developer agrees to provide an off-site access drive from the Subject Realty to Route 47 across the adjacent property to the east (Hughes property) so long as the required easements are granted to Owner/Developer. At the time each final plat of subdivision for the Subject Realty is recorded, Developer shall obtain all off-site easements which are reasonably determined by the City Council to be necessary for the development of such portion of the Subject Realty in accordance with the Final Plans. In the event Developer is unable to acquire such necessary off-site easement, the City shall exercise its power of eminent domain to acquire the same, provided Developer shall pay the costs incurred by the City as a result thereof. Developer shall deposit the amount of such costs reasonably estimated by the City into a segregated, interest bearing escrow account prior to the commencement of such eminent domain proceedings by the City. Such finds shall be utilized solely to defray such costs and all funds, including interest, remaining in such escrow upon completion of such proceedings shall be refunded to Developer. At the time each final plat of subdivision for the Subject Realty is recorded, Developer shall pay for the design engineering, construction engineering and installation of all off-site Public Improvements as required by the final engineering plans for each final plat of subdivision. All such off-site Public Improvements shall be included in the Guarantee for Completion for the area so platted. SECTION 3: BUILDING CODE. Developer shall comply in all respects with the applicable provisions of the United City of Yorkville Municipal Code and other City ordinances pertaining to the construction of structures for commercial purposes in effect at the time Developer, or its successor or assigns, makes application to the City for a building permit or permits in connection therewith. SECTION 4: BUILDING PERMITS. The City shall issue building permits for construction of improvements upon the Subject Realty within fourteen (14) working days subsequent to receipt of application therefore. If the application is denied, the City shall provide a written statement within said period specifying the reasons for denial of the application including specifications of the requirements of law which the application or supporting documents fail to meet. The City shall review and provide written 14 comments or approve the resubmittal plans within fourteen (14) calendar days of the resubmittal. The City shall issue such building permits upon compliance with those requirements. Developer may apply for and the City shall issue building permits for portions of the Subject Realty after approval but prior to recordation of a Final Plat for any such portion of the Subject Realty, and prior to the installation and availability of storm sewer, sanitary sewer and potable water service to such portion of the Subject Realty. SECTION 5: OCCUPANCY PERMITS. A. No occupancy permit shall be issued for any building on the Subject Realty until the storm sewer, sanitary sewer, water system, telephone, gas, electric and streets through bituminous binder course (subject to subsection C below) are operational. Notwithstanding the foregoing the Owner/Developer shall be entitled to use temporary construction and sales trailers in accordance with Section 3 of Article IV of this Agreement. B. The City shall not deny a temporary certificate of occupancy for any space within a commercial building for the sole reason that other areas in the building are either incomplete or under construction, provided the space to be occupied otherwise meets all applicable occupancy requirements of City ordinances. C. The City shall issue certificates of occupancy for buildings constructed within the Subject Realty within two (2) working days subsequent to application therefore, or issue a letter of denial within said period informing the applicant specifically as to what corrections are necessary as a condition to the issuance of a certificate. Inability, due to adverse weather conditions or closure of asphalt plants, to install a final surface course on driveways, service walks, public sidewalks, stoops, landscaping (including parkway trees) and final grading, shall not delay the issuance of a temporary certificate of occupancy, which shall contain an escrow account (if the security held by the City does not already cover this matter) and specific deadlines for completion of each of the items not completed. The City shall not issue a final occupancy permit unless the Final Plat of Subdivision for the Subject Realty is recorded. SECTION 6: RESTORATION OF CITY PROPERTY. Developer shall repair and replace, in accordance with the original sizes, standards and topography in a manner satisfactory to the City Engineer, all City property, including Public Improvements, damaged or disturbed by reason of Developer's work in connection with the development of the Subject Realty. SECTION 7: MAINTENANCE OF PRIVATE FACILITIES. The provisions of the Property Owners' Association Declaration shall apply to the repair and maintenance of all facilities and amenities which are not conveyed to the City as part of the publicly owned portion of the Public Improvements and are not owned and maintained by a lot owner within the Subject Realty. SECTION 8: COMPLIANCE WITH STATE STATUTES. 15 A. General: In the event that any one or more provisions of this do not comply with any one or more provisions of the Illinois CMRiled Statutes and the governing rules of the Illinois Water Pollution Control Board or the Federal or State Environmental Protection Agencies, then the City, Owner, and Developer, and all of their respective successors and assigns, agree to cooperate to comply with said provisions which shall include, but not be limited to, the passage of resolutions and ordinances to accomplish such compliance. SECTION 9: PRELMNARY GRADING. Developer shall obtain from the city, and the city shall issue, a site development permit in conformance with Municipal Code and Ordinance 2003-19 for the site grading to be performed upon the Subject Realty. Such site grading shall be at Developer's sole risk and expense, and in conformity with Engineering Plans to be approved by the City Engineer, and any changes or adjustments to the requirements for such grading resulting from the review and approval of the final engineering plan for such phase shall be promptly performed by Developer, at Developer's expense. SECTION 10: INTERIOR PRIVATE STREET STANDARDS. Design standards for interior private streets and access drives to be utilized as part of the development of the Subject Realty are set forth on the Exhibit "IV" ("Street Standards"). To the extent any ordinance or regulation of the City conflicts with any of the Street Standards, such ordinance or regulation is hereby varied and the Street Standards shall prevail and be the legal, applicable standards for development of the private streets on the Subject Realty. SECTION 11: DEDICATION OF STREET RIGHT-OF-WAY. The final plat for each phase of development in the Subject Realty shall convey, if any, the appropriate Route 71 right-of-way in accordance with the Subdivision Ordinance, as amended or as otherwise provided in this Agreement, and in substantial conformity with the Final Engineering Plans. The street name for the Route 71 main entrance shall be Walsh Drive. A historical street name, approved by the City, shall be selected for the remaining private streets in the Subject Realty, SECTION 12: CONVEYANCES. Nothing contained in this shall be construed to restrict or limit the right of the Owner and/or Developer to sell or convey all or any portion of the Subject Realty, whether improved or unimproved, and to transfer or assign any or all of their respective rights and duties under this Agreement. SECTION 13: TRANSFER OF RIGHTS AND DUTIES. Upon the conveyance of any Owner's interest in a phase of development or any portion of the Subject Realty to a third party ("Transferee"), the rights and obligations so identified of such Owner and Developer pertaining to such phase or portion of the Subject Realty, shall be deemed 16 assigned to and assumed by such third party, and Owner and Developer shall thereupon be released and discharged by the City from any farther obligation pertaining to such identified rights and duties. The Transferee shall thereupon be entitled to exercise all rights and authorities and shall perform all duties and obligations of Owner and Developer pertaining to such phase or portion of the Subject Realty. The Transferee shall comply with the applicable requirements of this Agreement pertaining to the posting of guarantees with the City affecting the portion of the Subject Realty conveyed. Any such guarantee previously posted by the Transferor shall be released by the City upon the delivery to the City by the Transferee of a substitute guarantee in the appropriate amount, in proper form and issued by a financial institution approved by the City. SECTION 14: DEMOLITION OF EXISTING STRUCTURES. Owner/Developer shall demolish the buildings on the Subject Realty within twelve (12) months of the effective date of the approval of this Agreement subject to the issuance of a permit from the City and approval of Owner/Developer's lender. SECTION 15: COMMERCIAL TAX INCENTIVES. Owner/Developer and the City agree that in order to proceed with the development of the Subject Realty as commercial, the Owner/Developer will be required to construct or pay for the construction of certain on and off site improvements, including highway and roadway improvements, traffic signals, demolition, sanitary sewer line, water mains (including the recapture costs described Article III Section 18 of this Agreement) and other utilities. Owner/Developer has requested and the City agrees to provide up to a maximum of one million six hundred thousand ($1,600,000.00) dollars in economic assistance towards the actual cost of project improvements as outlined within the City's Economic Incentives Policy adopted on December 13, 2005 in the form of an Economic Incentive Agreement (EIA). Said EIA shall allow for not more than 50% of the City's portion of the sales tax revenue being rebated to the Owner/Developer on an annual basis and shall include a term not to exceed twelve (12) years for said rebate. The Owner/Developer agrees to commit a minimum 40,000 square feet retail anchor to be open and operating in order to be eligible for any rebates, and a minimum of 80,000 square feet of retail to be open and operating for the Subject Realty within five (5) years of the date of the ETA. Furthermore, the Owner/Developer agrees to commit to providing an off-site access drive from the Subject Realty to Route 47 across the adjacent property to the east. In recognition of the benefit to the City through creation of job opportunities, the enhancement of the tax base and the strengthening of the commercial sector, the City agrees to enter into an economic incentive agreement with the Owner/Developer to be funded by a percentage of the taxes that are generated from the businesses to be located on the Subject Realty. ARTICLE V — MISCELLANEOUS SECTION 1: INCORPORATION OF EXHIBITS. All exhibits attached to this Agreement are hereby incorporated herein and made a part of the substance hereof. SECTION 2: ENFORCEMENT. 17 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. SECTION 3: 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 subsequent grantees and successors in interest of the Owner, Developer, and the City. SECTION 4: ENTIRE AGREEMENT. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to e)dst 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. SECTION 5: NOTICES. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the City: United City of Yorkville Mayor Valerie Burd 800 Game Farm Road Yorkville, IL 60560 With a copy to: United City of Yorkville's Attorney Kathleen Field Orr & Associates 180 N. Michigan Avenue Suite 1040 Chicago, IL 60601 If to Owner/Developer: Thomas Rayburn Raycorp, Inc. 16345 S. Harlem Ave. Suite 4SW Tinley Park IL 60477 18 With a copy to: Robert C. Kenny Schain, Burney, Ross & Citron, Ltd 222 N. LaSalle Street, Suite 1910 Chicago, IL 60601 or to such other addresses as any party may from time to time designate in a written notice to the other parties. SECTION 6: SEVERABILITY. This Agreement is entered into pursuant to the provisions of Chapter 65, § 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002), 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, 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 Subject Realty. SECTION 7: AGREEMENT. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the City and the owner of record of a portion of the Subject Realty as to provisions applying exclusively thereto, without the consent of the owner of other portions of the Subject Realty not affected by such Agreement. SECTION 8: CONVEYANCES. Nothing contained in this Agreement shall be construed to restrict or limit the right of the Owner or Developer to sell or convey all or any portion of the Subject Realty, whether improved or unimproved. SECTION 9: NECESSARY ORDINANCES AND RESOLUTIONS. The City shall pass all ordinances and resolutions necessary to permit the Owner, Developer and their successors or assigns, to develop the Subject Realty 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. SECTION 10: TERM OF AGREEMENT. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said (20) 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 Owner/Developer. 19 SECTION 11: 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. SECTION 12: RECORDING. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at Developer's expense. SECTION 13: RECITALS AND EXHIBUS. 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. SECTION 14: 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. SECTION 15: NO MORATORIUM. The City shall not limit the number of building or other permits that may be applied for due to any City imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of Development. SECTION 16: 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. [SIGNATURES APPEAR ON THE NEXT PAGE] 20 SECTION 17: EXCULPATION. It is agreed that the City is not liable or responsible for any restrictions on the City's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the Subject Realty, the city, the Developer, or Owners, including, but not limited to county, state or federal regulatory bodies. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this _ day of 2008. UNITED CITY OF YORKVILLE Kendall County, Illinois By: Its: Mayor ATTEST: By: Its: City Clerk OWNEWDEVELOPER: RAYCORP, INC. By: Its: President Attest: By: Its: 21 STATE OF ILLINOIS ) SS COUNTY OF ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Thomas Rayburn, personally known to me to be the President of RAYCORP, INC., and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such President, he signed and delivered the said instrument, pursuant to authority of the corporation, as his free and voluntary act, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and official seal this day of 2008. Notary Public STATE OF ILLINOIS ) } SS COUNTY OF ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that -' personally known to me to be the Mayor of the UNITED CITY OF YORKVILLE, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such Mayor, she signed and delivered the said instrument, pursuant to authority of the municipal corporation, as her free and voluntary act, and as the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth. GIVEN under my hand and official seal this _ day of 2008. Notary Public RCK/Raycorp-Yorkville/Execution Copy-1stAmended-Annexation-PUD-Agent-5-22-08 22 EXHIBIT I The legal description is as follows: THAT PART OF THE SOUTHEAST 1/40F SECTION 5 AND THAT PART OF THE NORTHEAST 1/ OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS;COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 6 AS SHOWN BY A PLAT RECORDED IN PLAT BOOK 3 ON PAGE 65; THENCE SOUTHWESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 6 AND THE NORTHERLY LINES OF LOTS 7 AND 8 AS SHOWN ON SAID PLAT, 609.27 FEET; THENCE NORTHERLY, ALONG A LINE WHICH FORMS AN ANGLE OF 48 DEGREES 47 MINUTES 08 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM) 967.66 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 71 FOR A POINT OF BEGINNING; THENCE SOUTHERLY ALONG THE LAST DESCRIBED COURSE, %7.66 FEET TO THE NORTHERLY LINE OF SAID LOT 8; THENCE SOUTHWESTERLY ALONG THE NORTHERLY LINE OF LOT 8 AND THE NORTHERLY LINES OF LOTS 31 AND 10 OF SAID PLAT, 882,61 FEET TO THE EASTERLY LINE OF A 10 ACRE TRACT RESEVED IN A WARRANTY DEED FROM SILAS AND THANKFUL DYER, HUSBAND AND WIFE, TO CLEMENT DYER AND RECORDED IN BOOK 30 AT PAGE 548 ON MARCH 23, 1870, AND THEN CONCONVEYED TO GEORGE W. HARRIS BY WARRANTY DEED RECORDED IN BOOK 32 AT PAGE 90 ON DECEMBER 3, 1870; THENCE NORTHERLY ALONG SAID EASTERLY LINE, WHICH FORMS AN ANGLE OF 62 DEGREES 23 MINUTES 19 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM), 1545.38 FEET TO SAID CENTER LINE OF ILLINOIS ROUTE NO. 71; THENCE EASTERLY ALONG SAID CENTER LINE, 1028.91 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS 1' Meritc.,P,PC EXHIBIT 11 " CONCEPT PLAN RT. 71 AND RT. 47 YORKVILLE, ILLINOIS SITE DATA TABLE UiLEC C > LOR/GRIX'.ERY M SJ]ACRE$ L^ M ACRES HVGHE RETAIL NIY 511 ACRES W{M 51110E 5.'t ACRES OGENSA. 190 ACRES LANOSlo E SUFFER 0.79 ACRES OE(ENTION AREA d'S64CFE£ LUNOS ST fTE"'I-�I TOTAL ACREAGE 2116 ACRES F{ ' LEGEND ANCHOR/GROCERY OUTLOTS a O OPEN SPACE „�. m' ""' LANDSCAPE BUFFER �W R8_. IN-LINE RETAIL © DETENTION AREA „ urv~"aT�u 1 Ut ROADWAY U R Z L� BIKE PATH/SIDEWALK Z MJ O J a r d J Q O a U J_ T'> Z Q� It X U CEO my 1/1 EXHIBIT III B-3 SERVICE BUSINESS DISTRICT Permitted Uses This exhibit lists all permitted uses within the B-3 Service Business District as they exist in the current Zoning Ordinance. Uses excluded and not permitted by this Agreement are crossed out as follows: (eed use) OFFICE DISTRICT (0) Advertising agency, Bank (1 free standing) allowable as permitted use - additional require special use permit approval. Barber shop. Beauty shop. Bookkeeping service. Eke-privaEe-ixdeer. Coffee shop. College, university or junior college. Commercial school, trade school - offering training in classroom study. Detective agency. Employment office. Engineering office. Government office. Income tax service. Insurance office. Library. Manufacturing agent's office. Medical clinic. Park Professional offices. Public accountant. Real estate office. Stenographic service. Stock broker. Telegraph office. zxcncrvracc. Title company. Travel agency. Utility office. (Ord. 1973-56A, 3-28-74) Special Uses e..r:a ,...,. to disp, sal site (n„a 1973 56A-, 3 28 1974,, .,...,a n„a 7995 20 Q 48 VX495) LIMITED BUSINESS DISTRICT (134) All uses permitted in the O district. Antique sales. Bakery - retail. Barbershop. Beauty shop. Bookstore. Cafeteria (diner). Camera shop. Church or other place of worship. oa To- ' Clothes - pressing and repair. Club private eetdee r. Community center. Dressmaker - seamstress. Drugstore. Florist sales. Fruit and vegetable market - retail. Gift shop. Grocery store - supermarket. Gymnasium. Health food store. Hobby shop. Hospital (general). Hospital or treatment center. Household furnishing shop. lee cream shop. Jewelry - retail. Laundry, cleaning and dyeing - retail. Library. Meat market. Medical clinic. Mortuary - funeral home. Park. Photography studio. Playground. Post office. Professional building. Recreation center. Restaurant. Shoe and hat repair. mat. Swimming pool - indoor. Tennis club - private or daily fee. n,.a 2003 41 17 22 2003] GENERAL BUSINESS DISTRICT (6-2) All uses permitted in the O and B-1 Districts. Appliances - sales. " Army/Navy surplus sales. Art gallery - art studio sales. Art supply store. Auditorium, Automatic food service. Automobile accessory store. Automobile rental. Bicycle shop. Billiard parlor. Blueprint and photostat shop. Beiyfiffg alley: Carry-out food service. Catalog sales office. Clothing store - all types. Dame hall. Department store. Discount store. Drygoods store - retail. Floor covering sales. Furniture sales - new/used. Hardware store. Health club or gymnasium. Hotel. Interior decorating studio.. Junior department store. Leather goods. Locksmith. Motel. Music, instrument and record store. Newspaper publishing. Office equipment and supply sales. Paint/wallpaper store. Paifftshsp. Personal loan agency. Pet store. Picture frame store. Radio and television studios. Sporting goods. Stationery. Taxidermist. Theater. Toy store. Typewriter - sales and repair. Variety store. Watch and clock sales and repair. Weaving and mending - custom. (Ord. 1973-56A, 3-28-1974; amd. 1994 Code) SERVICE BUSINESS DISTRICT (B-3) All uses permitted in the B-2 district. Agricultural implement sales and service. Appliance - service only. Automotive sales and service. Feat-sales Building material sales, Business machine repair. Car wash without mechanical repair on the premises. Catering service. Drive-in restaurant. Drive Through Facilities (maximum of 4) - beyond 41h will require a special use permit Electrical equipment sales. Feed and grain sales. Frozen food locker. Furniture repair and refinishing. Golf driving range. Greenhouse. e� Miniature golf. Motorcycle sales and service. Nursery. Orchard. Park - commercial recreation Plumbing supplies and fixture sales. Pump sales. Recreational vehicle sales and service. i?skaft fR1E ipel4s arena. T- ab . Tennis court - indoor. Trailer ri..-W ZyTR]iGTCG12R� Tr.. Upholstery shop. Veterinary clinic. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1986-1, 1-9-1986; Ord, 1988-7, 4-14-1988; Ord. 1995-19, 8-10-1995; Ord. 1998-21, 6-25-1998; Ord, 2005-58, 7-12-2005) Special Uses Amusement park. Boat launching ramp. Boat rental and storage. Daycare centers. Stadium. (Ord. 1973-56A, 3-284974; amd. Ord. 1995-19, 8-10-1995; Ord. 1995-20, 8-10-1995) Lot Area No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1986- 1, 1-9-1986) Yard Area No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement. A. Front Yard: A front yard of not less than fifty feet (50'). (Ord. 1973-56A, 3- 28-1974) B. Side Yards: 1. A minimum side yard shall be required between buildings within the B-3 district of twenty feet (201) between a building constructed thereon and the side lot line, except in any existing B-3 zoning district within the corporate boundaries where no minimum side yard shall be required between buildings, except where a side yard adjoins a street, wherein a minimum yard of not less than thirty feet (301) shall be required. 2. The zoning board of appeals may, upon application, grant a variance to any petitioner seeking to vary the side yard requirements in a B-3 district if the variance is sought for a parcel of real estate that is sought to be developed as a planned unit development because of the unique nature of the parcel or development sought thereon. (Ord. 1986-1, 1-9-1986; amd. 1994 Code) C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3- 28-1974) D. Transitional Yards: Where a side or rear lot line coincides with a residential district zone, a yard of not less thirty feet (30') shall be required. A transitional yard shall be maintained only when the adjoining residential district is zoned R-1 or R-2 one-family residential. (Ord. 197356A, 3-281974; amd. Ord. 1987-1, 2-12-1987) E. Parking Lot Setback Requirements: 1. Arterial Roadways: When a parking lot located in the B-3 zoning district is located next to an arterial roadway, as defined in the city's comprehensive plan, a twenty foot (20) setback from the property line is required. 2. Nonarterial Roadways: When a parking lot located in the B-3 zoning district is located next to a nonarterial roadway, as defined in the city's comprehensive plan, a ten foot (10) setback from the property line is required. (Ord. 1998-32, 11-5-1998) Lot Coverage No more than fifty percent (50%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord, 1973-56A, 3-28- 1974) Maximum Building Height A.No building or structure shall be erected or altered to exceed a maximum height of six (6) stories or eighty feet (80'), whichever is lower. B.No building or structure shall be erected or altered to exceed a maximum height of three (3) stories or thirty five feet (35') within the "downtown area" as described by exhibit A, attached to the ordinance codified herein. (Ord. 2006-67, 8-8-2006) COPYRIGHT @=08 zone MentCorp, PC SCAf N/A Drsw By Roa CHECKE06Y: JPM 15' 15' m AND VARIES ( AND VARIES 2 W in A! MaX' ax 2% 2% SLOPE AND 1 2 3 4 5 6 MATERIAL VARIES 1Q 1 112" BITUMINOUS SURFACE COURSE 2Q 2" BITUMINOUS BINDER COURSE (PARKING LOT) 4112" BITUMINOUS BINDER COURSE (WITHIN PUBLIC RIGHT-OF-WAY AND ON-SITE ROAD WAYS) e � 3O 10" CA-6 AGGREGATE BASE COURSE NORMAL DUTY (PARKING LOT) 12" CA-6 AGGREGATE BASE COURSE (WITHIN PUBLIC RIGHT-OF-WAY AND ON-SITE ROADWAYS) a g LL (2" MIN. UNDER CURB AND GUTTER) a Og ® LIME STABILIZATION AND/OR GEOTEXTILE FABRIC y ( CONDITIONAL BASED ON SOILS CONDITION) d O COMPACTED SUBGRADE J © B 6. 12 CURB & GUTTER 3 p 0 z o ❑ . w - 0 J o°e NUJ UO > IL TYPICAL ROADWAY CROSS SECTION � oo °S seeerHO. o. R1 / 1 EXHIBIT V E iyt C. d;;Edr_IICte I �kf€te'CEf�L� `iu: Ct"safc a�c�c�hesitxe s€ rra�e ra�r�ni i It is important to consider the experience of a first time visitor when developing a family of signage. Creating an easily identifiable, unified signage system facilitates movement to both public and private destinations. Consolidating the identification of multiple individual entities into a single system reduces the amount of visual clutler usually associated with individual businesses using competitive signage strategies. Proposed signage should be evaluated on material, color, shape, scale, size, location and overall appropriateness. Signs of all scales within a development should relate to each other through a consistent use of rnatei iale, colors and text style. The following criteria are intended to supplement the signage requirements currently adopted by the City. Where any conflict or overlap exists with current City codes, the stricter of the two shall apply. Signage Design "shy Colors • Sign colors should complement the colors and theme of the entire development Neighborhood Eriby • Avoid too many colors, small accents may rna.ke the sign more attractive and unique but limit amount of colors used. Materials Sign materials should be compatible with the materials used on the building fagade upon which they are associated with or placed upon . e New materials may be appropriate only if they are designed in a manner consistent with the theme established by that development. Metal signs are permitted but avoid finishes that will create glare. Paper and cloth signs are not permitted. Legibility e Limit the number of text styles to avoid confusion and increase legibility. * Avoid symbols and fonts that are hard to read or too intricate. R Use symbols and logos in place of words whenever appropriate. Vplifed CHY of YorA6dle Gomprakerlsive Lnmd LAse 'P6n GRpdode 41 EXHIBIT V y � � �___,� _� a..� � l7esignCtkidelines Ci')MMWltiy Gl�aractrer 'rinciples Illumination Illuminate only signs that are necessary, allow for illumination from other sources, such as streetlights or pedestrian lights. r� ® Individually illuminated signs, either individual illuminated letters or back-lighted are encouraged. r_ Internally illuminated plastic cabinet signs are _ 1 discouraged. Signs with individual letters are better integrated with the architecture. umn-eo N5' 4P' m Location loll{ i Signs should not dominate the site in height and - should not project above the rooflines of the Monument sign with individual buildings. letters and indirect lighting ® Signs should not obstruct doors or windows. Utilize the building's architectural features to delineate where signs should be located . p Window signs should not cover a majority of the window. Project Entry and Monument Signs Project entry identifiers are located within ZiTZ landscape lot areas adjacent to major h. thoroughfares and at major intersections and primary entries. Projects with more than one tenant x d µ should locate no more than one sign along the dry;` - City's "Gateway' corridors. • All freestanding signs should be monument type. Monument sign with correlating materials '.. • Freestanding monument signs should be perpendicular to the street. • Signs should be oriented so that sight lines at t��F h 1 intersections are not obstructed. • Solid architectural bases and sides are encouraged. Each sign should incorporate a base, which is a minimum of 2 feet high. Sign > materials should complement the materials used throughout the development. Landscaping should be incorporated at the Multiple tenants consolidated on a single sign 1 i LeWte-d Giiy of )?ork ille Gompeekensiere Land tAse Plan Vpcictfe 2 EXHIBIT V z2esi ;, ,.idelin�s G�v �munitk Gitarac4et• Iii°inCiKr(es base of the sign. A minimum 5 ft. landscape bed shall be created on all sides of the sign. Lighting of monument signs is permitted, minimize the amount of light pollution and glare onto surrounding property. a Neighborhood Entry Signs Neighborhood entry identifiers shall be _ placed at the primary entrance of individual gs neighborhoods within a community and shall @ ^F be installed by the neighborhood homebu Ider. The neighborhood ns , be reflective of the main entry signage ai through the use of like forms, materials, logo and landscape. The location of ? r neighborhood signs must be reviewed and approved by the City. Neighborhood Entry Sign * Directional Signs When deemed necessary by the City or developer, easy to read motorist and pedestrian directional signs will be placed along public streets and greenbelts within Yorkville. The location of each of these signs must receive the approval of the City i S+u:ewoad w "„ ® Well Signs i e All wall signs should not project from the surface of Ik which they are mounted more than 12 inches. Wolf signs should be located where the buildings t architectural features suggest. Wall signs can help break up large blank walls and can provide a variation on walls greater than one story. Direction sign New wall signs in a development should be consistent in location with all other adjacent wall t ., signs in the development. 4qt Lettering should not occupy more than 75% of the area of the panel where the sign is located. st Wall signs should not project above the roofline or outside the edge of a building corner. ! Projecting Signs Li r ( F On a multistoried building, the sin should be locate with adjacent a consistent 9 height uvith edjacent businesses suspended between the bottom of the second floor V tetifed City of Yovkville _ Compixekansive land tAse Pion Viadate � � 43 EXHIBIT V a�..on�mrnvril2 C�o racfeN I�r^inci Ples windowsill and the top of the first floor doors. Projecting signs should be made of metal, wood or fiberglass. Plastic signs are discouraged. Signs should be hung at a 90 degree angle to the building fagade. Signs should be pinned away from the building slightly to increase visibility but should not protrude into the vertical plane of drives or streets. The bottom of the sign should provide a 10 foot clearance above pedestrian sidewalks. Decorative iron and wood brackets are encouraged and should complement the overall �y design theme of the development. Wr f, r 1[ f i ' fL L Sign projects from fagade �'^* � fi ^ ' }} } I° ® Window Signs Projecting sign does not dominate front ofbuilding ® Text should be limited to the business name and/or a message to describe the services offered. Signs should be limited to individual letters placed on the interior surface of the window. ® Letters should be white, black or gold leaf paint. Avoid bright, distracting colors that may become too dominant and contrast the overall theme. Wifed Cify of ?ovkville r:omprelnensive Lund Vse 'Plan tApdcx+e 44 • to - - . • • di5 otPr r", S . F � - s • • - • • 9' S �sP�kn�C� F,�S Ei Cf}} S`CjF f t;•✓� k � 4 971 ; • . HVIY e, i � 4 r • . — • i E '� .� + s T J r � r - „ QTR LTnitad pity aar�.v�xle 5 ¢n C6unty. SeatofK6ndalJCoOnty . ° 800. Game Farm Read Yorkville, 111tnc 60560 O ® r Telephone 630w$53-4356 - i Fax:, 636 553. 7575 �tE s��l2o Wetisite wwwyarkwlle 11.Us Vnn con�RCAL rEiuvaT FEES Permit/Elan Review ” Bondi__ ? t $750;00 plus $0.20 pez s uare foot 4 . Plan Review H88ed'an building size (See Attached) :' Contributions Ir Davelopment:Fea ;; $30p;0 0Q* She P.ttachW Or3�aance 209,4-5 5 -4 r (inercuo in 3rii61-Kend4ll Fire Pmtcchon Distriett Fee) W.ater(Sewer . . Sewer Tap. : See Attached Ordmanea#96'-11 Water Tap " '. Wafer Meter Size Water Connaotton Fee tee $ 700::: 2r' $ s,aao: :: 4" $151000 ' . 6" and larger TBD . . Water Meter Water Meter Size Water Meter Price 1" $ 485.00 i ':4" $ 790:00 To aaQ 6o F.: $335Q.00 .. 4'> $542100 bee $8875 '.0 . . Engineering inspections $60.00 4. River Crossing Fee: $25.0. per drai::unit: Si* attaehed: Ordinance 97-11 **Engineering and Landscaping review fees will be bided separately.. : . *** Please oall the Yorkville Bristol Sauitary District for sanitary permit fees-(650) 553-7657 }R'IT ilk LuA Y , 4 � ILL P y E m c% .d. V. 1�•( l.'...��l.ti:, -TC:��.i�'.Li.i_3 �Z. '.,IM"IIMM MILLS°.s ( . !. .�.�Mo - M .. M. . IM I A. New Consiruct on Per"Unit. . . $350.00 plus $Q.15 per s.;.f: .` ., : B. Remodeblsg Per Uwt $1:15:00 plus $0: 10pers f C:: Detached:Crarage Pe. L}nt tuiihautleet cal $50'00 M. Dm Del a�hed G'azagePerUnitwith Electrical . . :'; $I x0,00 E: Temporary to Stag COnstuciion 25% ;of full permit fae rof to b1 e applied:'to:the full permit:€ee F.. TempowY Certificate of Occupancy when kequested by $50 per unit (non-refundable) the Builder when Circumstances Do Not Warrant AI,LMOTHER"USE GROUPS A. New Construction $750.00 plus $920 per square foot B.. Additions . Wfo,OOp)us $0,.20 per square.foot . —. :? $3:So;OOplus $0...10:per:squaze.foot � D' Tempora y to Start Constniction 25%; "of NI permit fee,, ooi:ko he ; applied to the i 11 pezxnn fee. . . 1 .: .. :: . . - - y .: :E. :TeInDarar1',. M ortmrate of occupaecv when Requested:by $200:00 (non-refundable) - :' s . tbeLBuilder when Cucumscanees Do Not 4;'aaan . : '. IXOTB Building permit fee does . not include the plan r view fee:far the inultip'le family ..,. residential use op and;"ofhie se g; . p grovg categor es : The plan review fee will be based on the schedule following the permit fees Plan review fees to th_e inspection fgm will be paid,gt the same: tune.as the building per[ost fee. ' ' ` :: ' . ' .. ..: .: .r . . ' . ..M-1 M.. : ... i, . ...::: .: . . . .., . ,:: ML ML EXHIBIT VI PlrlNP,EY7EW FEES Way vary due to outside consultant's fee schedules.) BUILDING CODE Buildin; Side . .Fee . to 60,000 cubic feet . $355.D0 60,001 to 80,000 cubic feet 1 $400.00 80,001 to : 00,000 cubic feet $475 ,00 100,001 to 1507000 cubic feet $550:00" 150,001 to 200,000. cubic feet $650.00 over.200,000 cubi6 feet $650,04 i $6 50 per 10,000:cubic feet over 200,000 12L3StODEING PLAN? T2T 4TIFYr lY� of Plan Review Fee 1 tSted Above ELECTRICAL, MEGITANIGAL, OR PI IJMI3ING PLAN:REYLEW ONLY 1/4 of Plan Review Fee Listed Above FIRE DETECTION/ALAP, K SYSTEMS $ 115.00 per 10,000 square feet of floor area FIRE SPRIER SYSTEMS . llrumGe'r.of Sl3rinkter's: ` Pipe Schedule 73ydraulic ,Calculated Up to 2D0 $250.00 $5.00.00. 201-000 $300.00 $575.00 301 -500 $400100 1775 .00 Oue..?`.500 $460.00 $35:0:00 PLUS for each § iuilcleraver. 500 $0:60/each ALTERNATE FIRE SUPPRESSION SYSTEMS - ,Stand Fipe :. . ' : $175.00 per Standpipe Riser: (No charge vnth, Sprinlr3er Reviex) SpecializedE;[tin�uiSher A eM or Other Chemical Agent) g. (DIY a $120,00 per 50 pounds.!g ;dt._, ;_ Hood & Duct Cooking Extinguisher Agent $150.00 flat rate per s steux Y : . . .. :' NOTE: - If, any plan has to be sent to an outside consultant other than the inspection filter, the outside consultant's feels) will be charged and that fee paid directly to the outside consultant. EXHIBIT VII (b) Guidelines for unbuilt sites (1 ) Masonry Products or Pre-Cast shall be incorporated on at least 50% of the total building, as broken down as follows: The front fagade shall itself incorporate Masonry Products or Pre-Cast concrete on at least 50% of the facade. Any other fagade that abuts a street shall incorporate Masonry Products. The use Masonry Products or Pre-Cast concrete is encouraged on the remaining facades. (2) Creative layout and design of the buildings within the commercial, office or institutional development is encouraged. Use of windows or the impression of windows on all sides of the building and the utilization of a campus-style layout are encouraged. Creative layout and design will help to decrease the overall mass of the development, to prevent monotony, and to improve the aesthetic quality of the development. (3) The height and scale of each building shall be compatible with its site and adjoining buildings. (4) Outlots shall reflect the style, materials, and/or design elements, of the main building. In cases where the main building does not meet the design guidelines and standards (i.e., in terms of visual design materials and layout of the building), new outiot development proposals will be reviewed using the guidelines and standards contained in this document. (5) Pedestrian scale features/amenities, such as solid-colored awnings, covered walkways, windows, street furniture; bicycle rack facilities and clearly defined entranceways are encouraged. (6) Common open space and outdoor seating areas are encouraged within commercial, office and institutional developments. (7) The location of parking lots in a manner that is logical, safe and pedestrian friendly is encouraged. In this respect, the location of parking lots in the rear or side of a building is encouraged. (8) Parking areas shall be treated with decorative elements, building wall extensions, plantings, berms and other innovative means so as to largely screen parking areas from view of public ways. (9) The location of drive-through facilities, including drive-through lanes, bypass lanes, and service windows, adjacent to a public right-of-way are not desirable and are discouraged. EXHIBIT VII (10) Loading bays for commercial and office uses shall not be located in the front of a building or in the area abutting a public right-of-way. EXHIBIT VIII ILLINOIS ENVIRONMENTAL PROTECTION AGENCY NOTICE OF INTENT (NOD GENERAL PERMIT TO DISCHARGE STORM WATER CONSTRUCTION SITE ACTIVITIES OWNER INFORMATION rase (aRGaaPAxylVE1IT tazR • Prlwat® iCONTRACTOR RAYCORP, INC. MAILING 16345 S. HARLEM AVENUE, SUITE 4 SW TINLEY PARK sTATe IL zlP: 60477 THOMAS L. RAYBURN INFORMATION �RmaP 7ESFPHONE NAME: RAYCORP, INC, NiNr1BER 7D8 4296644 MAILING 1mr S, HARLEMAVE'% 4SW CITY: TINLEY PARK STATE IL LP 80477 ADORES . CONSTRUCTION SITE INFORMATION 4E ©New She I] CHANGEOFiNFORMATIONTOP.MWrFNO. ILRIO. ONE OTHERNPDES FO I VILLAS AT THE PRESERVES PERMIT NOS' NAME: 'IELEPHOh& MPA asset F°OILPTY ROUTES 47 AND 71 1M1fAUER 708 4256644 LOCATION: CITY: YORKVILLE ST IL ZIP: tAT01VDE: Lpi4GFTUDE: couNlY: KENDALL SecROrx 5,8 TowNSHIP•. 36 N RANGE: 7 E APPROX. CONS*. q6 01 06 APPROX. CONSTRUCTION 06 / 01 / OB TOTALSI2E OF OONS7RUCTtON 24 START DATE: END DATE: SITE IN ACRES STORM WATERFQU..uI 7N PREVENTION PLAN COMPLETED DYES ❑NO (tf no, sepamleno=Mlj( n required toAOWOy prlwto Ganaoua8on. TYPE OF CONSTRUCTION m e ooscmPrmxwvaasar: Residon6a1 CONSTRUCTION OF A 42 LOT SUBDIVISION HISTORIC PRESERlIATION AND ENDANGERED SPECIES COMPLIANCE Ft AS THIS PROJECT SATISFli:T) P CABf.E REQU EMENT FOR GOMPLIANGEWITH ILLINOIS LAWON: HISTORIC PRESERVATION YISE No ANGERSPECIES R ED YES NO RECEIVING WATER INFORMATION DOES®WATERS STORM STATE DI OR� C+3RECTLY TOt OWNER OF STORM SEWERSY5TEM: NAME OF cuDspSTRECEIVING WATER: I PDX RIVER I certgy underpenallyef lawtbattws documard andallattecbmmiswam PIGINOW utldarmy cMmdfGn and supetvtefou InacwManaewhh asystem designed to assure that quailed pmsamel pmperty gattereml eWduaW the lidoteddlon aubmnted. Saw on my"tdry ofthe pawn orposolle who manage this system, orittme pmamm thmolly reap"Iblo for gebmtni9 fie Info me9m, the 6 smallon submidad to, tithe hest of my WwwhdBs and ballaf.tm% somata, and complete. I we aware that Ewa are Wpt t met paneNse fbr suhmR@19 lobe Idensa fen, IntludVlg the possmiByof fine and Impdsonmem. In addNon, loo that 11 17mmons ofthe peons, including the devempmemand Imple"W ono! 1002 wader po"an prevention plea end a mondodn9 `P1en. ill ba l w OWNER SIGNATURE (lam®'"� DATE: FO OPFICE USE ONLY MAIL COMPLETED FORM TO: ILLINOIS LOG: DIVISION WATER FORON ATTWPERMITSECTION PERMIT NO, ILR10 (DO NOT SUBMIT ADMIDONAL PMOFFICESOX19278 DOCUMSNTATIONUNLESS SPRINGFIELD, ILLINOIS 62794a2M REQUESTED) Ig.1 eepa.P.tatedas DATE 7abfaml hnMa�pPaaYM� fa�4768A66aB(18BBI FaOumWdomrtey ProwatU,efamirom OeYa praaNeaerA raWe aw9ln>ourePPWaonaoinDdenYtl. 1.692210 WP'GsZ)RV.vw EXHIBIT VIII may-27-2006 02:25pm From- 1-310 P.003/006 F-520 ILLINOIS ENVIRONMENTAL PROTECTION AGENCY 1021 tdosll'i Gsu4c AVE61N8 En6T, P.O, 6ox 19276, stswonti uIwis 6:794-4276, 217 782,1367 JMO '. Te0WWN CENTER, 100 W rRnre00W1 SvaE 11.300, CHWco, IL 60601, 312.614-6026 UV182*3362 Roo R• 9L4c01EVIr3tF GOVERNOR RENEO CIPRM0, DIRECTOR MAY y 7 2005 Rock Island Dismict Corps ofEaghlee+;s Post C ftA Box 2004 clockTowerBuilrling Rock lsland, IL 61204-2004 Rw, Conifer Group, LLC (It endell CQUwa0 Conawntion of raddential development (Villas at theFrc4m ve)—Unnamed Tributary to Pox River Logic C-017005 [COS appL # 2005-01961 Gentlemen: This Ageney tnaelved 118 gllest onyebttlary 28, 2005 fmta the Conifer Group, LLC requesting nllcessaly eononnents eoncasning the construction tits Fax iFident We ofIPdi It eof A wing inoludes the e relocation of an intermitter: dadmat5�ay u1b�Y Based on the faformadon ineloded in this subm'UA it's our en&CaTmg judgtnenl that the Proposed Pmjactmayl+e �Pl�aidloutcausingwaterWn PrometionAot Provided the prgl isearollypl mmod and sP sea These comTnents ars directed Who affect an water g1m]i1Y of the 0a0auu0d0nluoeed`im lavolved"the above dasrnbedprojectand aroUlanapprovol of sty discharge resulting from the completed facility, nor an• approval of the &Apofthafoicitity_ These eoswumts do W suppient SAY parraitresponsiMIlies of titoapplieatu toward the AgaT Y# This Ageaey homby issues cordficauon under 5Kdon 401 of the Clean Water Act (PL 95417), subject TO the applicant's compliance with The following conditions. 1. The apoom : $hall not cause: e, violation of applicable water quay standardsof the 111 mois Pollution Control Bosrd, Titlo35, Subtitle C: WamrPolhtSionRtllas �dRagulatimm> b. water pollution de6nedandplvbibitadbythe WWII EnviramtentalProWdon Act; or o. inTetfaraneewhhwatansapractleesaa�pubUareorearionat�easoxwaTarsupplyi:itakea. 2. The applicauts hal l provide adegoetep%Mingand6upardisionduringtbesPmjearc0nsttuetionperiod forimplainenting aoostmetion motbods, pro=asses and cleanup procedures neeesemyro prevent water pollution and oomrol erosion. Rt>aa01m% x302 Nord Main SW4L Rod(wd, IL 61:93 W1S111887.77fio Pr, NA0113-9511 W.F+4RIMNSt, OM Pbinoa, 1160016f 1047) 204.6000 Haan-595 Saud%lowip e1R1n, IL 60133 -(047)6011.31,31 r PtOrta�•S415 N. Unlwivlry Sr., Prar4, IL 61614-(30�9�1693-5463 8u6t+u uv LnNO •PL6(G-7820 N- UnNe9ily 34,P40yn, R6t6t4�19081693•5462 �' COP n +-z 1ZB 115( Co1111{nwi 1462j3461(6181346•55120 Sfl8NOR5la-4500 S.Sd4h 5WCt ad„ Prinld(OW, IL 62Y06- (277176b6892 8i N41aou-2309 W.Main 6G,Su116 116,Mancn,[.62959 -16181997.7200 , PRIMw an RHVQW Mom MAY-27-2006 15 : 19 901: POW r • � 1 1 . i H � l'1 �• � • .1 1 'll 1 r , f l 1 1 f 1 L 11 , 1 11 a f ♦ .,11 1 = 1 L ' I 111 1 - l1 Y. f. . 11 JI . A '11 1. fl • f „)„ ,ll . i - 1 yfl - 1:1 y lf . IJ,. a a L • 1 , 1 II 1 11 : \♦ 1 > 1 1 1 JI : 1 • \ 11 . 1 . EXHIBIT VIII May-27-2005 02:20pa From- 1°216 P.0UM$ F-620 Page Was 3 Log N04 Cr0170-05 Tldso adonbmuA Akedvewhoathej)q* =toftbsAamy. Cornso£8noneeshou�the above ronditioU # 1 tbroU01# 9 as conditsous o£thc requo#edpazmit isstttd gmaant to PL 95 217. Tlda cal ifsoadoa does not grad n=Mwtdty froma W eaforcoment acdon found neommybythis Agency to matt its tasponsl Wdes is ptm=don, abatement, and coMal of waterpollutSon. Draba • Sincerely mu , Wateashcd gmg6mant Section laamu of Water aY:17F:0170.05.doo ce: T33PA, RemrdaY.tnit • DWPC, FOS, Do ?lames mm Owl , Spd g dd USEPA, Re&n3 mr, FcankMaly, Couiftramp Ms. Lynn Whitman, Burnside Cousumdon Mx.Pattiek Williams, ENCAP, Inc. MAY-27-2006 16 : 10 SOY: P.06 �.D �Ar� Reviewed By: Agenda Item Number Legal ❑ Est ' '°�, Finance 1636 ❑ Engineer ❑ Tracking Number �4 16 , � CO City Administrator ❑ �p Consultant ❑ (J �� S 0 _ I �gkE ®��* Agenda Item Summary Memo Title: Request for Sponsorship — Kendall County Special Olympics "Family Fun Festival" Meeting and Date: City Council — May V , 2008 Synopsis: Request for $250 sponsorship. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Meghan Gehr Administration Name Department Agenda Item Notes: This sponsorship request was approved by the Human Resource Commission at their meeting on April 23, 2008. REQUEST FORM FOR SPONSORSHIP FROM THE UNITED CITY OF YORK.VILLE PLEASE NOTE. All requests must be received by the City Cleric, United City of Yorkville, $00 Game Farm Road, Yorkville, IL 60560, at least 60 days prior to your event for submittal to the Yorkville Human Resource Commission (HRC), which meets on the third Wednesday of each month. For example.: if your event is to be held on September I5"', your request should be in the City office no later than June 30"' to be considered at the July HRC meeting. Reonests are Limited to $250 Der year. per organization Event i c 1 i �n Fes'6 Val Date/Time: 7/1 q off/g'� FLocation: yd r kt/i III A/�i Pt I tLI n LPA � r Name of Organization r� er) da � Ccuh`44 PQC, iC. ( 4M '61C/S 1 Addresso7� � Gct r Aen SP- , City �rlrkdll � >✓ State �� zip Phone: ` ' ) SS3 - � Fax: CLJ) - 5Y72 (( Name of Contact Person/Title Q 16 C.1 6 h /Gzca j li vloA or/ c Approximately how many Yorkville residents does your organization serve each year? f / S 0 What is the purpose of your organization?. 6 y 1A .0 6 r' - V eL 1 A i riQ 0 h IJ �Ii4 � Ofl . n ckyautl• cf Olv ti 'e. >' V gpe .SARA ls- for Chi Ci r-ph U h cl C%cA t.t I +S LO I tK i s c I I f i e5 ` Tr I i 0 " o r iS How does your organization benefit the Yorkville community? as r -t M r `5 r r� C,vie C Is your event considered to be (please check all that apply): _ Fine Arts /,Sports ✓Community _Scouting Religion-based t�Other non-profit Who will benefit from the funds raised? Youths V/Adults Seniors . Disabled pers�onnss� ✓ Please check one: ✓ Cash or "In Kind" If cash, amount requested: $�r .� If "In Kind," are you in need of Staff? Yes No If yes, number of hours Time: OR Building space Name of City facility/park to be used PLEASE NOTE. If requesting staff time or use of building facilities/park, both are subject to availability on the date you have chosen. DEPOSIT FEES WILL NOT BE WAPJED, IF FACILITIES ARE RETURNED TO SAME CONDITION AS BEFORE USE, 100% DEPOSIT REFUND WIIX BE RETURNED WITHIN 10 BUSINESS DAYS, For Office/HRC use only HRC Approved: Date: $ or ."in kind" OFFICE: Date Received: Building/facility Requested: Requested Facility/Park: _ Available Not Available Signed: Requested Staff: ` Available _ Not Available Signed: Date of Notice to by City Council: Date Not Approved Reason: CC Revised 03/28/06 CC Approved 03/28/06 Kendall County Special Olympic ' athletes compete in four sports l ' annually: 1 . Cross Country Skiing 2007 2008 Snowshoeing December-January M „ � 2 . Swimming February-March j+ ' 3 . Track & Field `'� �' 'f March-April 4. Bowling i&ndadCOunty May-June Other activities for our athletes LLKendall y Special SpeeiaCOlympies in clude: cs Halloween Party Street Mission Statement: Kendall county Special Valentine Dinner Dance . 60560 Olympics provides sports training and & Fun Night competition in a variety of Olympic-type sports for children and adults with Polar Plunge disabilities by giving them continuing Specific fees, activities, and calendar can be Family & Friends found on our web site: opportunities to develop physical fitness, Annual Fundraiser demonstrate courage, experience joy, and The Illinois Law Enforcement participate in a sharing of gifts, skills and www.kesofamilyandfriends.com Torch Run friendship with their families, other Special Olympics athletes and the community. K,CSO Cross Country Skiing Track 43Z Field eZ Snowshoeing IT Special Olympics training and r,_ competition is open to every person ; with a mental/physical disability who is at least eight years of age and who I Area 2 Track & Field meet is held in registers to participate in Special Area 2 Winter Games, are held at lot April in Naperville. Registration Olympics. There is no maximum age Bartlet Country Club in Bartlet. and Medicals are due no later than 3 11st limitation, for participation. All athletes Registration and Medicals are due no must have a current medical in order to later than 11/15th Bowling participate. Kendall County Special Olympics Swimming is in Area 2 of Special Olympics Illinois. We have been serving athletes with � r special needs since 1970. We maintain IL our program through Kendall County Area 2 Bowling Olympics are held on Special Education Cooperative. There Area 2 Swimming Olympics are held in the first Sunday of June in Naperville. are currently 55 registered athletes the beginning of March at Nequa Valley Registration & Medicals are due by who live through out Kendall County; High School in Naperville. Registration they range in age from 8-60 years of and Medicals are due no later than 211't April 15th age. `'fie o c/;p.y Reviewed By: Agenda Item Number J� s 0 Legal ❑ EST �� 1836 Finance F]1 Engineer ❑ Tracking Number City Administrator ❑ 9 ^o5sw 20 Consultant ❑ <LE Parks and Recreation ❑ Agenda Item Summary Memo Title: Ordinance Amending City Code Providing for the Registration of Solicitors, Hawkers, and Itinerant Merchants Meeting and Date: City Council—May 27, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Kathleen Field Orr City Attorney Name Department Agenda Item Notes: N 11 Ordinance No. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, PROVIDING FOR THE REGISTRATION OF SOLICITORS, HAWKERS, AND ITINERANT MERCHANTS 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, it is in the best interests of the City that all solicitors, hawkers, and itinerant merchants are regulated in order to protect the health, safety, and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Title 3, Chapter 7 of the United City of Yorkville Code of Ordinances is hereby deleted in its entirety and replace with the following: CHAPTER 7 SOLICITORS, HAWKERS, AND ITINERANT MERCHANTS 3-7-1 : DEFINITIONS : For the purpose of this chapter, the following words as used herein shall be construed to have the meanings herein ascribed: HAWKERTEDDLER: Any person traveling from place to place, house to house or street to street, carrying, conveying or transporting goods, wares, and merchandise, offering and exposing the same for sale. a ds about and sells them by offering the.,,, in the streets His i t de from e established ,.pot excepting here the. . ., .1 the street o ethe.- .,.,hl:., ,.1 ., ..e n he makes deliye,-. ..t the ti.,.e ' v n {' sa4e. Whether or not he ealleets at the ....... .. ti,..., e is iRHiiatefia 1 ITINERANT MERCHANT: Any person, who engages in a transient or temporary business of selling and delivering goods, wares, or merchandise within the City, and who, in furtherance of such purpose, leases, uses, or occupies any temporary structure, tent lot, street, alley, sidewalk, or any other such place, public or private, within the City for the exhibition and sale of such goods, wares, or merchandise, or for securing orders for future delivery of such goods, wares, or merchandise. Examples include: Christmas tree sales. Also called transient merchant or transient vendor. RESIDENCE: Includes every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure. SOLICITING: Includes any one or more of the following activities: A. Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, and services of any kind, character or description whateve for any kind of consideration w�P, , or B. Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character; or C. Seeking to obtain subscriptions to books, magazines, periodicals, newspapers, and every other type or kind of publication; or D. Seeking to obtain gifts or contributions of money, clothing, or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization, corporation or project. E. Hawking or doing business as an itinerant merchant. SOLICITOR: Any person traveling from place to place, house to house, or street to street, taking or attempting to take orders for sale of op ods, wares and merchandise, personal property of any nature for future delivery, or for services to be furnished or performed in the future, whether or not such person carries or exposes for sale a sample of the subject of such sale. One whe engages in , ets of "soliciting" as define herein all iee4udes haw- e and itinerant merehants). (Ord. 2002-01 , 2- 26-2002; amd. Ord. 2007-52, 7-24-2007) 3-7-2: CERTIFICATE OF REGISTRATION REQUIRED: Every person desiring to engage in soliciting, hawking or business as an itinerant merchant within the city is hereby required to make written application for a certificate of registration as hereinafter provided. It shall be unlawful for any person to engage in soliciting, hawking or business as an itinerant merchant without having first obtained said certificate of registration. Said certificate shall be carried by the applicant while engaged in soliciting, hawking or business as an itinerant merchant vendor and shall be displayed for inspection upon request. (Ord. 2002-01 , 2-26- 2002) 2 3-7-3 : APPLICATION FOR CERTIFICATE: A. n 1 t '•ert.fie..,te of registratien shall bee wt.:: "- F-11.. previded by the Offise of the G'.t�r Clerk and_fl °d ...ith such. The applieai4 shall tfuth4ully state in full the ;,, f„,-w, .,ti..., « °ter°.7 .... <1,° .,..»1; ...,4:..«. • °°,. ................,.. ..,.�w.,,...,,. »rr...,.....,... Before a certificate may be issued under this chapter, a written sworn application signed by the applicant, if an individual; or by all partners, if a partnership; or by the president of a corporation if a corporation; or by a parent if the applicant is under the age of fourteen (14), containing the following information must be submitted to the Office of the City Clerk: I . The applicant's name, current address of residence, length of residence at such address, telephone number, business address if other than residence address, date of birth, and social securi ty number; rxncc erccccx¢°cnc°c, ovcio..c occarxvy x a.vc.wcr. xvaxxxc rax¢ address of present plaeo of r sidenee of solieiter, h .,..,ker Rr itinerant merehant and applicant and length of sidenee at such add 1 business adEkess if other 4ian residenee address; i ress; so seeial souifity and date of birth • e 2. ld�on: Copy of current state photo identification or driver's license,-. 3 . Name of Employer r Deprese:Cation: Name, and-address, and telephone number of the person, firm, of corporation, or association whom the applicant is employed by or represents, ; and the length of time of such employment or representation; 4 Dese&iptien of e., get Mattef. A brief description Deseription uffisieiit for ;dent:fieatie of the nature of the business in which the applicant is engaged, and the kind of products or services to be sold or rendered; subjeet ..,alter of the 1 ' •t' h . y4dag or ««.,"et being sold by the ;tincFa.,t me+ehant , hawkef ... ............. ...... ......... will ellbbe :; 5. Time Pei4ed: Period of time for which the certificate is applied fer requested, and the approximate hours of the day that such function shall be performed; 6 P t of PraA ,.,, pplieatie y: The date, or approximate date, of the latest previous application for certificate under this chapter, if any; 7 n °.,°,.°tier u: a «. ,. A statement whether W;e4hp.F a certificate of registration, under the provisions of this chapter or any other similar ordinance of the city or any county or 3 municipality, a to t' pph a 4;i '� °� has ever , YJSCCGC['TO-CRV�CC "IGTCRT�ClQGL-CRSTG20. been revoked, together with the details thereof, 8. cE)RNTietiOn Of a ViOlatiOfl; Pj,& A statement whether �h Rth r the applicant or qplipifRr� 1 it > and/or the person(s) managing or supervising the he applicant' s business have/has ever been convicted of a felony or misdemeanor under the laws of the state of Illinois or any other state or federal law of the United States, or a violation of any of the provisions of this chapter or the ordinance of any other Illinois municipality regulating the activities of solicitors, hawkers, or itinerant merchants, together with the details thereof, 9. Genvietion of a Felony; History: �Vhether the applicant has ever beea eon-vieted of the ..F a felony nder the laws F the ,.t,.t° of Illinois of other state ef federal law of the United Cam_ f retailers' aesupatien t°° The applicant's "Illinois Business Tax Number" as issued by the "Illinois Department of Revenue." No certificate heense shall be issued if the applicant does not have an Illinois Business Tax Number, an ide tifi°°tion . "'... itinerant raere a t °pens ed b unless the applicant represents or works workin for a religious, educational or charitable organization where such organization is entirely a nonprofit organization and who can furnish the city with a "Tax Exempt Number" and written proof of its "Tax Exempt Status;" 10. H . Consent ,.F Property r,.. nen Each All itinerant merchants must submit a signed statement from the owner of the property from which he or she is they are proposing to operate his or her their businesses evidencing permission to do business on the particular owner's property. If the applicant is proposing to operate his or her their business from a city park, written permission from the Park Board must be submitted; 11 . 4-27 Photo of the applicant: Each applicant shall submit a photo that must be the same size as required for passports — 2 inches by 2 inches. B. All statements made by the applicant upon the application or in connection therewith shall be under oath. 4 C. Each y applicant and ,., heit,., ,, ,.%4e. ef :tieerai# T 4.AR..t shall be required to submit to fingerprinting by the police department in connection with the application for certificate. The applicant shall pay the fee as set by the Illinois State Police for fingerprint submissions. D. The Office of the City Clerk shall keepeaua&4a-beeept an accurate record of every application received and acted upon, together with all other information and data pertaining thereto and all certificates of registration issued or applications denied under the prev; s: ,...., ,.f ti.k i, pte and of the de .,1 of n..p4e tirr.t E. No certificate of registration shall be issued to any person who has been convicted of the commission of a felony under the laws of the state of Illinois or any other state or federal law of the United States, within five (5) years of the date of the application; nor to any person who has been convicted of a violation of any of the provisions of this chapter, nor to any person whose certificate of registration issued hereunder has previously been revoked�as herein provided. F. Each hawker and itinerant merchant applicant shall pay a two hundred dollar ($200.00) application fee per application. Each solicitor applicant shall pay a one hundred dollar ($ 100.00) application fee per application. No application fee shall be charged of a solicitor, hawker, or itinerant merchant sponsored by or working for a religious, educational or charitable organization where such organization is entirely a nonprofit organization and who can furnish the city with a "Tax Exempt Number" and written proof of its "Tax Exempt Status". (Ord. 2002-01 , 2-26-2002) 3-7-4: ISSUANCE OF CERTIFICATE: The Office of the City Clerk, after consideration of the application and all information obtained relative thereto, shall, within ten (10) business days of application, approve or deny the application. If the ap lip cant persei3 does not provide the necessary information or qualify possess the quali€ieatierie for such certificate, pursuant to section 3-7-3 of this chapter R, hweiii and the issuance of a certificate of registration to the applicant would not be in accord with the intent and purpose of this chapter, then the Office of the City Clerk shall deny the application. If denied, endorsement EndersemenA shall be made by the Office of the City Clerk upon the application of the denial of the appheation. If the applicant provides the necessary information and is found to be fully qualified, the certificate of registration shall be issued within five (5) business days of the application approval so long as the application fees have been fully paid. Any certificate of registration issued pursuant to this chapter shall expire one (1) year after issuance. (Ord. 2002-01 , 2-26-2002) 5 3-7-5: INVITING HAWKERS AND SOLICITORS ONTO PREMISES rmv r nr rnv &-IXT enr ld rIMTnl�. it is hereby de 1 „red to he the peliey of the cit. . .. &r -ec-eupzants The owner or resident of any premises in the city shall determine m lEe the aeteffni~ °tie~ e° whether hawkers and solicitors shall be, or shall not be, invited onto his or her } sae premises. Only hawkers and solicitors having a valid certificate of registration provided in section 3-7-2 of this chapter shall engage in solicitation within the city unless said hawker or solicitor has previously been invited by an owner or resident eeeep of the premises. it is fifther the eit .'s polie . that, : In the interest of safety, no child under the age of fourteen (14) shall be allowed to solicit in the city of Yorkville unless said child is supervised during solicitation by an adult who has registered pursuant to this chapter. (Ord. 2002-01 , 2-26-2002) 3-7-6: NOTICE REGULATING SOLICITING: C. e peTsan desiring to s e the preteetion intended to he p .ide,l h. . e,.,,r re. the ..,,l ..tions peft,.ining to selie:ti.... e.,tained this eh..„ter s4;all t', as J Kl./CL eeMply With the f 11....,ing di feeti R4; A. Any owner or resident may restrict solicitation or limit the hours during which hawkers and solicitors are invited to his or her residence by posting that intention as provided in this section. B. Notice of restricting solicitation or limiting a hawker's or solicitor's hours Rf the aete,..,.i„..tie,, by the owner or resident oeeupa;t of thef 1 F .... .it,.tien to seli ..it.r.. .. a e,.t« etie« oft the h,,,,«.. .h,«,. hi h selieitation invited at any : ae sinee, shall be given in the �xa�er following manner: reside A weatherproof card, approximately three inches by four inches (3 ” x 411) in size, or larger, shall be exhibited upon or near the main entrance door to the residence, indicating the deter..,ia lion of the eee„pant, as follows: NO SOLICITORS INVITED or SOLICITATION LIMITED TO THE HOURS OF ts- Note: Any reference to "solicitors" on said card shall include both hawkers and solicitors, as defined in this chapter. 6 �i. T226TCrCL r3 3ZT0. I (7�6G Z 'iPG3 OTTM Z:'S.[ Q IZPGIZ �,[ J ��'fG�:LC C. 1} Such card, or similar sign, so exhibited shall constitute sufficient notice to any hawker or solicitor of the owner's or resident's desire to restrict solicitation or to limit the hawker's or solicitor's hoursde:.......,»*.:c.. the oeeupan4 of the . _?de..__ of th. ... ....w . .. eeatained 4; P~�°n. (Ord. 2002-01 , 2-26-2002) 3-7-7: DUTY OF HAWKERS AND SOLICITORS: It shall be the duty of each hawker and everry solicitor entering span-g®ing ente any privately owned premises in the city to first examine the notice provided for in section 3-7-6 of this chapter, if any is given or attached, and abide by the statement contained in the noticeand-be-g&yemed-by4he statement eentai ned en the nctiee. If the hawker or solicitor is calling during a time when the resident has restricted solicitation or limited the hawker' s or solicitor's hours the natise states: "No Selieiters lnv4ted", then the hawker or solicitor, whether registered or not, shall immediately and peacefully depart from the premises. Any hawker or solicitor who has gained entrance to or who is on any premises, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the owner or resident eeeupant. (Ord. 2002-01 , 2-26-2002) 3-7-8: UNINVITED SOLICITING PROHIBITED: It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether registered under this chapter or not, to go upon any premises and ring the doorbell upon or near any door, or create any sound in any manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in "soliciting" as herein defined, in defiance of the notice exhibited at the residence in accordance with the provisions of section 3-7-6 of this chapter. (Ord. 2002-01 , 2-26-2002) 3-7-9: TIME LIMIT ON SOLICITING: It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether registered under this chapter or not, to go upon any premises and ring the doorbell upon or near any door of a residence located thereon, or rap or knock upon any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in "soliciting" as herein defined, before nine o'clock (9:00) A.M. or after eight o'clock (8:00) P.M., Monday through Friday, or prior to nine o'clock (9:00) A.M. or after five o'clock (5:00) P.M. on Saturday. There shall be no "soliciting", as defined in this chapter, on 7 Sundays or on state or national holidays, except as follows: Itinerant merchants and hawkers not going door to door to residences may conduct business from nine o'clock (9:00) A.M. to eight thirty o'clock (8 :30) P.M. Sunday through Saturday, including holidays. Individual owners and residents may further restrict the hours of soliciting on their property by posting a notice pursuant to section 3-7-6 of this chapter. (Ord. 2007-52, 7-24-2007) if a s4alafiea F any of the o f this eh a„Fore the eit y shall rrvar:say...n. v. .....0 v.aaaraw va.a.wr�, a..v ..� 't t' h offender .7 t- the f' vhundred ene dollars ($ 100 00) if aRy individual in C and : violation of this eL..apter for .. A e uLan «t time the eit. , shell issue e:tatiaii to the . elnt..r : the - _ t f th i hundred.l fifty dollars ($350 nn\ (Ord. 2002 nl 2 26 nnm`rivuric-m �scc-acaxaxca xxxi.�avxxu.co �yvvo .ov��ox a. von ox , z zrv- 20024 3-7-10: 3 7 11 ! ITINERANT MERCHANTS; PERMIT: In addition to the application fee set out in subsection 3-7-3F of this chapter, itinerant merchants shall be required to obtain a permit from the building and zoning department of Yorkville. Because of the nonpermanent nature of the structures being operated by itinerant merchants, itinerant merchants shall also be charged a fee of forty dollars ($40.00) to cover the costs and expenses of periodic safety inspections by the building department of the premises from which sales are being made. (Ord. 2002-01 , 2-26-2002) 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. 2008. CITY CLERK ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS 1 n SON 1 Ec1 1E 8 Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2008. MAYOR Wrk Uie/suucaonor .&c 9 Ordinance No. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, ]KENDALL COUNTY, ILLINOIS, PROVIDING FOR THE REGISTRATION OF SOLICITORS, HAWKERS, AND ITINERANT MERCHANTS 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, it is in the best interests of the City that all solicitors, hawkers, and itinerant merchants are regulated in order to protect the health, safety, and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Title 3, Chapter 7 of the United City of Yorkville Code of Ordinances is hereby deleted in its entirety and replace with the following: CHAPTER 7 SOLICITORS, HAWKERS, AND ITINERANT MERCHANTS 3-7-1 : DEFINITIONS: For the purpose of this chapter, the following words as used herein shall be construed to have the meanings herein ascribed: HAWKER/PEDDLER: Any person traveling from place to place, house to house, or street to street, carrying, conveying or transporting goods, wares, and merchandise, offering and exposing the same for sale. ITINERANT MERCHANT: Any person, who engages in a transient or temporary business of selling and delivering goods, wares, or merchandise within the City, and who, in furtherance of such purpose, leases, uses, or occupies any temporary structure, tent lot, street, alley, sidewalk, or any other such place, public or private, within the City for the exhibition and sale of such goods, wares, or merchandise, or for securing orders for future delivery of such goods, wares, or merchandise. Examples include: Christmas tree sales. Also called transient merchant or transient vendor. RESIDENCE: Includes every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure. SOLICITING: Includes any one or more of the following activities: A. Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, and services of any kind, character or description, for any kind of consideration; or B. Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character; or C. Seeking to obtain subscriptions to books, magazines, periodicals, newspapers, and every other type or kind of publication; or D. Seeking to obtain gifts or contributions of money, clothing, or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization, corporation or project. E. Hawking or doing business as an itinerant merchant. SOLICITOR: Any person traveling from place to place, house to house, or street to street, taking or attempting to take orders for sale of goods, . wares and merchandise, personal property of any nature for future delivery, or for services to be furnished or performed in the future, whether or not such person carries or exposes for sale a sample of the subject of such sale. (Ord. 2002-01 , 2-26-2002; amd. Ord. 2007-52, 7-24- 2007) 3-7-2: CERTIFICATE OF REGISTRATION REQUIRED: Every person desiring to engage in soliciting, hawking or business as an itinerant merchant within the city is hereby required to make written application for a certificate of registration as hereinafter provided. It shall be unlawful for any person to engage in soliciting, hawking or business as an itinerant merchant without having first obtained said certificate of registration. Said certificate shall be carried by the applicant while engaged in soliciting, hawking or business as an itinerant merchant vendor and shall be displayed for inspection upon request. (Ord. 2002-01 , 2-26- 2002) 3-7-3: APPLICATION FOR CERTIFICATE: A. Before a certificate may be issued under this chapter, a written sworn application signed by the applicant, if an individual; or by all partners, if a partnership; or by the president of a corporation, if a corporation; or by a parent, if the applicant is under the age of fourteen (14), containing the following information must be submitted to the Office of the City Clerk: 2 1 . The applicant's name, current address of residence, length of residence at such address, telephone number, business address if other than residence address, date of birth, and social security number; 2. Copy of current state photo identification or driver's license; 3 . Name, address, and telephone number of the person, firm, corporation, or association whom the applicant is employed by or represents, and the length of time of such employment or representation; 4. A brief description of the nature of the business in which the applicant is engaged, and the kind of products or services to be sold or rendered; 5. Period of time for which the certificate is requested, and the approximate hours of the day that such function shall be performed; 6. The date, or approximate date, of the latest previous application for certificate under this chapter, if any; 7. A statement whether a certificate of registration, under the provisions of this chapter or any other similar ordinance of the city or any county or municipality, has ever been revoked, together with the details thereof; 8. A statement whether the applicant and/or the person(s) managing or supervising the applicant's business have/has ever been convicted of a felony or misdemeanor under the laws of the state of Illinois or any other state or federal law of the United States, or a violation of any of the provisions of this chapter or the ordinance of any other Illinois municipality regulating the activities of solicitors, hawkers, or itinerant merchants, together with the details thereof; 9. The applicant's "Illinois Business Tax Number" as issued by the "Illinois Department of Revenue." No certificate shall be issued if the applicant does not have an Illinois Business Tax Number, unless the applicant represents or works for a religious, educational or charitable organization where such organization is entirely a nonprofit organization and who can furnish the city with a "Tax Exempt Number" and written proof of its "Tax Exempt Status;" 3 10. Each itinerant merchant must submit a signed statement from the owner of the property from which he or she is proposing to operate his or her business evidencing permission to do business on the particular owner's property. If the applicant is proposing to operate his or her business from a city park, written permission from the Park Board must be submitted; 11 . Photo of the applicant: Each applicant shall submit a photo that must be the same size as required for passports — 2 inches by 2 inches. B. All statements made by the applicant upon the application or in connection therewith shall be under oath. C. Each applicant shall be required to submit to fingerprinting by the police department in connection with the application for certificate. The applicant shall pay the fee as set by the Illinois State Police for fingerprint submissions. D. The Office of the City Clerk shall keep an accurate record of every application received and acted upon, together with all other information and data pertaining thereto, and all certificates of registration issued or applications denied. E. No certificate of registration shall be issued to any person who has been convicted of the commission of a felony under the laws of the state of Illinois or any other state or federal law of the United States, within five (5) years of the date of the application; nor to any person who has been convicted of a violation of any of the provisions of this chapter, nor to any person whose certificate of registration issued hereunder has previously been revoked, as herein provided. F. Each hawker and itinerant merchant applicant shall pay a two hundred dollar ($200.00) application fee per application. Each solicitor applicant shall pay a one hundred dollar ($ 100.00) application fee per application. No application fee shall be charged of a solicitor, hawker, or itinerant merchant sponsored by or working for a religious, educational or charitable organization where such organization is entirely a nonprofit organization and who can famish the city with a "Tax Exempt Number" and written proof of its "Tax Exempt Status". (Ord. 2002-01 , 2-26-2002) 3-7-4: ISSUANCE OF CERTIFICATE: The Office of the City Clerk, after consideration of the application and all information obtained relative thereto, shall, within ten (10) business days of application, approve or deny the application. If the applicant does not 4 provide the necessary information or qualify for such certificate, pursuant to section 3-7-3 of this chapter, and the issuance of a certificate of registration to the applicant would not be in accord with the intent and purpose of this chapter, then the Office of the City Clerk shall deny the application. If denied, endorsement shall be made by the Office of the City Clerk upon the application. If the applicant provides the necessary information and is found to be fully qualified, the certificate of registration shall be issued within five (5) business days of the application approval so long as the application fees have been fully paid. Any certificate of registration issued pursuant to this chapter shall expire one (1 ) year after issuance. (Ord. 2002-01 , 2-26-2002) 3-7-5: INVITING HAWKERS AND SOLICITORS ONTO PREMISES: The owner or resident of any premises in the city shall determine whether hawkers and solicitors shall be, or shall not be, invited onto his or her premises. Only hawkers and solicitors having a valid certificate of registration provided in section 3-7-2 of this chapter shall engage in solicitation within the city unless said hawker or solicitor has previously been invited by an owner or resident of the premises. In the interest of safety, no child under the age of fourteen (14) shall be allowed to solicit in the city of Yorkville unless said child is supervised during solicitation by an adult who has registered pursuant to this chapter. (Ord. 2002-01 , 2-26- 2002) 3-7-6: NOTICE REGULATING SOLICITING: A. Any owner or resident may restrict solicitation or limit the hours during which hawkers and solicitors are invited to his or her residence by posting that intention as provided in this section. B. Notice of restricting solicitation or limiting a hawker's or solicitor's hours by the owner or resident shall be given in the following manner: A weatherproof card, approximately three inches by four inches (3" x 4") in size, or larger, shall be exhibited upon or near the main entrance door to the residence, indicating as follows: NO SOLICITORS INVITED or SOLICITA TION LIMITED TO THE HOURS OF 5 Note: Any reference to "solicitors" on said card shall include both hawkers and solicitors, as defined in this chapter. C. Such card, or similar sign, so exhibited shall constitute sufficient notice to any hawker or solicitor of the owner's or resident's desire to restrict solicitation or to limit the hawker's or solicitor's hours. (Ord. 2002-01 , 2-26-2002) 3-7-7: DUTY OF HAWKERS AND SOLICITORS: It shall be the duty of each hawker and solicitor entering any privately owned premises in the city to first examine the notice provided for in section 3-7-6 of this chapter, if any is given or attached, and abide by the statement contained in the notice. If the hawker or solicitor is calling during a time when the resident has restricted solicitation or limited the hawker's or solicitor's hours, then the hawker or solicitor, whether registered or not, shall immediately and peacefully depart from the premises. Any hawker or solicitor who has gained entrance to or who is on any premises, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the owner or resident. (Ord. 2002-01 , 2-26-2002) 3-7-8: UNINVITED SOLICITING PROHIBITED: It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether registered under this chapter or not, to go upon any premises and ring the doorbell upon or near any door, or create any sound in any manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in "soliciting" as herein defined, in defiance of the notice exhibited at the residence in accordance with the provisions of section 3-7-6 of this chapter. (Ord. 2002-01 , 2-26-2002) 3-7-9: TIME LIMIT ON SOLICITING: It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether registered under this chapter or not, to go upon any premises and ring the doorbell upon or near any door of a residence located thereon, or rap or knock upon any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in "soliciting" as herein defined, before nine o'clock (9:00) A.M. or after eight o'clock (8 :00) P.M., Monday through Friday, or prior to nine o'clock (9:00) A.M. or after five o'clock (5:00) P.M. on Saturday. There shall be no "soliciting", as defined in this chapter, on Sundays or on state or national holidays, except as follows: Itinerant 6 merchants and hawkers not going door to door to residences may conduct business from nine o'clock (9:00) A.M. to eight thirty o'clock (8 :30) P.M. Sunday through Saturday, including holidays. Individual owners and residents may further restrict the hours of soliciting on their property by posting a notice pursuant to section 3-7-6 of this chapter. (Ord. 2007-52, 7-24-2007) 3-7-10: ITINERANT MERCHANTS; PERMIT: In addition to the application fee set out in subsection 3-7-317 of this chapter, itinerant merchants shall be required to obtain a permit from the building and zoning department of Yorkville. Because of the nonpermanent nature of the structures being operated by itinerant merchants, itinerant merchants shall also be charged a fee of forty dollars ($40.00) to cover the costs and expenses of periodic safety inspections by the building department of the premises from which sales are being made. (Ord. 2002-01 , 2-26-2002) 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. 2008. CITY CLERK ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2008. MAYOR 7