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City Council Packet 2008 07-08-08 ClPP ,a United City of Yorkville 800 Game Farm Road EST \_' 1836 Yorkville, Illinois 60560 4x Telephone: 630-553 -4350 `= Fax: 630-553 -7575 AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday, July 8, 2008 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Wally Werderich Gary Golinski Marty Munns Joe Besco Bob Allen Arden Joe Plocher Robyn Sutcliff Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meetine: 6:00 p.m., July 15, 2008 City Hall Conference Room Economic Development Committee: 7:00 p.m., August 5, 2008 City Hall Conference Room Administration Committee Meeting: 7:00 p.m., July 10, 2008 City Hall Conference Room Public Safety Committee Meeting: 6:00 p.m., July 24, 2008 City Hall Conference Room Presentations: City Council Meeting Agenda July 8, 2008 Page 2 Public Hearings: 1 . Sexton Development, LLC., petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting annexation to the United City of Yorkville and Planned Unit Development zoning. The real property consists of approximately 272. 186 acres, located on the north side of Illinois Route 34, east of Eldamain Road and west of Cannonball Trail, Yorkville, Illinois. Citizen Comments: Consent Agenda: Plan Commission / Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council — May 27, 2008 and June 10, 2008 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 361 , 185.85 (vendors) $ 268,824. 11 (payroll period ending 6/25/08) $ 630,009.96 (total) Reports: Mayor's Report: 1 . CC 2008-52 Appointments to Boards and Commissions a. Dana Jones — Human Resources Commission b. Robin Frisch — Chairman of Human Resources Commission 2. CC 2008-53 Ordinance Approving a Lease of Unit D, Fountain Village of Yorkville 3. CC 2008-54 Ordinance Amending City Code to Add an Additional Class B: Package Liquor License — Super Target 4. CC 2008-55 Fermilab Update City Council Report: City Attorney's Report: City Clerk's Report: City Treasurer's Report: City Administrator's Report: City Council Meeting Agenda July 8, 2008 Page 3 Reports (con't): Finance Director's Report: Director of Public Works Report: Chief of Police Re op : Director of Parks & Recreation Report: 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 2008- 12 Zangler Property a. Ordinance Approving an Annexation Agreement b. Ordinance Annexing c. Ordinance Approving a Preliminary and Final Plat of Subdivision 2. PC 2008- 15 Ordinance Approving a Preliminary and Final Plat of Subdivision for Prairie Pointe Lot 2 3 . PC 2008- 17 Ordinance Approving a Preliminary and Final Plat of Subdivision for United City of Yorkville Subdivision (185 Wolf Street) 4. EDC 2008-27 Resolution Approving a Temporary Stonnwater Management Easement Agreement with Copley Ventures, Inc. 5. EDC 2008-28 Resolution Approving Contract with SEC Group, Inc. to Provide Planning and Engineering Services for the Integrated Transportation Plan 6. EDC 2008-29 Ordinance Amending Ordinance 2005-11 Regarding Building Code Section 503 . 1 .5 Public Safety Committee Report: 1 . No report. Administration Committee Report: 1 . No report. Additional Business: Executive Session: Adjournment: City Council Meeting Agenda July 8, 2008 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES -- �UBPCWORKSII °°____---------------------------- ------------------------------------------------------------------------------------------------ Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Vice-Chairman: Alderman Plocher Streets and Alleys YBSD Committee: Alderwoman Sutcliff Sanitation and Waste Committee: Alderman Allen -- --- --- -- ------------------- jECONOMIC DEVELOPMENTi Committee Departments Liaisons Chairman: Alderman Golinski Planning & Building & Zoning Chamber of Commerce Vice-Chairman: Alderman Allen 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 - --------------- :-- UBLIC SAFET- ----------------- - ----------------------- -- ....--------------------------- ------------ 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 ---- ADMINISTRATION 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, July 8, 2008 7:00 PM CITY COUNCIL CHAMBERS --------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- PUBLIC HEARINGS: -------------...............--............---..................---------........................................ ----------------------- 1 . Sexton Development, LLC (Rob Roy Falls) --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: -------------------------------------------------......-------------------------------------------------------------------------------- ❑ May 27, 2008 and June 10, 2008 ❑ Approved ❑ As presented ❑ As amended --------------------------------------------------------------------------------------------------------------------------------------- BILL LIST: ............-------------------------------------------------------------------------------------------------------------------------- - ❑ Approved ❑ As presented ❑ As amended ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: --------------------------------------------------------------------------------------------------------------------------------------- 1 . CC 2008-52 Appointments to Boards and Commissions ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/fixture meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2008-53 Ordinance Approving a Lease of Unit D, Fountain Village or Yorkville ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes -------------------------------------------------------------------------------------------------------------- ------------------------- 3 . CC 2008-54 Ordinance Amending City Code to Add an Additional Class B: Package Liquor License — Super Target ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. CC 2008-55 Fermilab Update ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- REPORTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- ECONOMIC DEVELOPMENT COMMITTEE REPORT: ---------------------------------------------------------------------------------------------------........------------------------- --- 1 . PC 2008-12 Zangler Property a. Ordinance Approving an Annexation Agreement ❑ Approved ❑ Subject to ❑ Removed b. Ordinance Annexing ❑ Approved ❑ Subject to ❑ Removed c. Ordinance Approving Preliminary and Final Plat of Subdivision ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------..........------------................---------------------- ------- 2. PC 2008- 15 Ordinance Approving a Preliminary and Final Plat of Subdivision for Prairie Pointe Lot 2 ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/fixture meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3 . PC 2008-17 Ordinance Approving a Preliminary and Final Plat of Subdivision for United City of Yorkville Subdivision (185 Wolf Street) ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ------------------------------------------------------------------------------------------........------------------------------------- 4. EDC 2008-27 Resolution Approving a Temporary Stormwater Management Easement Agreement with Copley Ventures, Inc. ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. EDC 2008-28 Resolution Approving Contract with SEC Group, Inc. to Provide Planning and Engineering Services for Integrated Transportation Plan ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ---------------------...--------------------------------------------------------------------------------------------------------------- 6. EDC 2008-29 Ordinance Amending Ordinance 2005-11 Regarding Building Code Section 503 . 1 .5 ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- ♦�ti9 CtTy Reviewed By: Agenda Item Number J� 6n Legal ❑ PU6LIIE/��ItJI1I rsr: I® 1836 Finance ❑ Engineer El Tracking Number 09 City�� O Administrator ❑ Consultant ❑ PC 2007-26 {� try ❑ Agenda Item Summary Memo Title: Rob Roy Falls—Annexation Agreement Meeting and Date: City Council/July 8,2008 Synopsis: Public Hearing for a request for Annexation,Annexation Agreement approval and PUD Zoning Council Action Previously Taken: Date of Action: July 24,2007 Action Taken: Public Hearing Item Number: Type of Vote Required: n/a Council Action Requested: Review of Annexation Agreement Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: Attached please find the proposed Annexation Agreement as submitted by the petitioner. Also attached is a redlined agreement including staff comments and recommendations. Following the July 8, 2008 Public Hearing, staff will continue to work with the petitioner to refine the Agreement into final form and anticipate EDC review of the final agreement in August. Please note: - City Council input on density ranges proposed for the residential components of the Concept PUD would be important at this time. - The proposed exhibits will need to be refined following the refinement of the agreement. TABLE OF CONTENTS PAGE LEGAL CONFORMANCE WITH LAW .................................................................................................................3 EXISTING AGRICULTURAL USE .........................................................................................................................3 ANNEXATION AND ZONING .................................................................................................................................3 CONCEPTPLAN........................................................................................................................................................3 PRELIMINARY AND FINAL PUD PLATS ............................................................................................................5 DEPARTURES FROM LOCAL CODES .................................................................................................................5 SPECIAL USE REQUESTS/LIQUOR LICENSES .................................................................................................6 UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS ............................................................................6 POTABLE WATER SUPPLY, SANITARY SEWER AND RECAPTURE .............................. ......................6 A. Water..............................................................................................................................................................6 B. Sanitary Sewer...............................................................................................................................................7 C. Recapture .......................................................................................................................................................7 1. Fox Hill Water Main Recapture..............................................................................................................7 2. Fox Hill Sanitary Sewer Recapture.........................................................................................................7 SECURITY INSTRUMENTS ....................................................................................................................................8 A. Posting Security .............................................................................................................................................8 B. Acceptance of Underground Improvements and Public Streets ...............................................................9 C. Acceptance of Other Public Improvements ................................................................................................9 D. Transfer and Substitution.............................................................................................................................9 AMENDMENTS TO ORDINANCES .......................................................................................................................9 BUILDING CODE; BUILDING PERMITS ........................................................................................................... 10 FUTURE FINAL PLATS AND FINAL ENGINEERING ..................................................................................... 10 FEESAND CHARGES............................................................................................................................................. 10 CONTRIBUTIONS ................................................................................................................................................... 11 A. Perimeter and Off-Site Road Improvements ............................................................................................ 1 l B. Beecher Road Improvements ..................................................................................................................... 11 C. Fire Department Contribution ................................................................................................................... 12 D. CITY Land Contribution ........................................................................................................................... 12 E. Time of Transfer of Title to 3.4 Acre Parcel ............................................................................................. 12 F. Right of Way Dedications ........................................................................................................................... 12 SCHOOL AND PARK DONATIONS ..................................................................................................................... 12 REGIONAL TRAIL ALONG ROUTE 34 AND ROB ROY CREEK .................................................................. 13 PROJECTSIGNS...................................................................................................................................................... 13 MODEL HOMES, PRODUCTION UNITS AND SALES TRAILERS................................................................ 13 CONTRACTORS' TRAILERS................................................................................................................................ 14 CERTIFICATES OF OCCUPANCY ...................................................................................................................... 14 LIMITATIONS.......................................................................................................................................................... 15 A. Benefiting the PROPERTY ........................................................................................................................ 15 B. Encumbering the PROPERTY .................................................................................................................. 16 COMMENCEMENT OF IMPROVEMENTS........................................................................................................ 16 COVENANTS ............................................................................................................................................................ 16 HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA (DSSA)............................ 16 A. Homeowners Association ............................................................................................................................ 16 B. Dormant Special Service Area ................................................................................................................... 17 ON-SITE EASEMENTS AND IMPROVEMENTS ............................................................................................... 18 WETLANDS AND STORMWATER DETENTION ............................................................................................. 18 ROUTE34 CURB CUTS .......................................................................................................................................... 18 BEECHER ROAD CURB CUTS ............................................................................................................................. 19 CONFLICTIN REGULATIONS ............................................................................................................................19 ECONOMIC INCENTIVE AGREEMENT............................................................................................................ 19 i ESTABLISHMENT OF SPECIAL SERVICE AREA AS FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS .............................................................................................................................20 BUSINESS DISTRICT..............................................................................................................................................21 A. Qualification of District ..............................................................................................................................21 B. Amount of Business District Tax................................................... .................................. ......... ...............21 C. Priority of Payments ...................................................................................................................................21 D. Creation of Business District ......................................................................................................................22 CITYASSISTANCE .................................................................................................................................................22 ADDRESSES..............................................................................................................................................................22 SUBSEQUENT AMENDMENTS ............................................................................................................................22 RIGHT TO FARM" LANGUAGE ..........................................................................................................................22 RESPONSIBILITIES OF OWNER.........................................................................................................................23 OWNER'S CONTINUED OPERATIONS..............................................................................................................23 GENERALPROVISIONS........................................................................................................................................23 A. Enforcement.................................................................................................................................................23 B. Successors and Assigns ...............................................................................................................................23 C. All Terms and Conditions Contained Herein ...........................................................................................23 D. Notices ..........................................................................................................................................................24 E. Severability ..................................................................................................................................................24 F. Agreement ....................................................................................................................................................25 G. Conveyances.................................................................................................................................................25 H. Necessary Ordinances and Resolutions .....................................................................................................25 I. Term of Agreement .....................................................................................................................................25 J. Captions and Paragraph Headings ............................................................................................................25 K. Recording .....................................................................................................................................................25 L. Recitals and Exhibits...................................................................................................................................25 M. Counterparts................................................................................................................................................25 N. No Moratorium............................................................................................................................................25 O. Time is of the Essence .................................................................................................................................25 P. Legal Challenges..........................................................................................................................................26 Q. Major and Minor Modifications ......................................................... .......... ................. ....................26 R. Exculpation ..................................................................................................................................................26 ii RCK revisions on 6/11/08 To City — clean version ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT THIS ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement"), is made and entered as of the _ day of 2008 by and between LASALLE NATIONAL TRUST, as Trustee under Trust #47016 dated December 1, 1973 ("OWNER"), and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY") by and through its Mayor and Aldermen ("CORPORATE AUTHORITIES"). OWNER and the CITY are sometimes hereinafter referred to individually as a "PARTY' and collectively as the "PARTIES". RECITALS: A. OWNER is the owner of record of certain parcels of real estate legally described on Exhibit "A- 1 " as shown on the Plat of Annexation, attached hereto as Exhibit "A-2" (hereinafter referred to as "PROPERTY"). B. OWNER intends to sell a portion of the commercial acreage of the PROPERTY and/or enter into a joint venture agreement with other developers with the intent of proceeding with development of that portion of the PROPERTY conceptually planned for commercial purposes. The PROPERTY is currently contiguous with the existing corporate limits of the CITY and is not within the boundary of any other CITY. C. OWNER intends to develop and/or sell and/or enter into a joint venture agreement on the remaining portion of the Property conceptually planned for commercial purposes. D. OWNER intends to develop and/or sell and/or enter into a joint venture agreement with the portions of the PROPERTY conceptually planned for residential purposes, as depicted on EXHIBIT .4B„ E. OWNER desires to annex the PROPERTY to the CITY. F. OWNER requests a Planned Unit Development ("PUD") zoning designation on the PROPERTY for the purposes of developing residential and commercial uses ("DEVELOPMENT") on the PROPERTY. G. OWNER requests and the CITY agrees that the CITY's Comprehensive Plan shall be revised to conform to the PUD zoning approved by the CITY. H. OWNER desires to proceed with the DEVELOPMENT in accordance with the terms and provisions of this Agreement and all applicable CITY Ordinances and Resolutions to the extent they do not conflict with this Agreement. I. OWNER proposes to develop the PROPERTY in substantial conformance with the Conceptual PUD Plan attached as Exhibit "B" which contains a commercial component consisting of approximately one hundred thirty (130) acres, a residential mix use of senior living multi-family component consisting of approximately seventy-two (72) acres, and the "Rob Roy Club" component consisting of approximately seventy-one (7 1 ) acres. 1 RCK revisions on 6/11/08 To City — clean version J. The CITY acknowledges preliminary and final PUD plats for the PROPERTY may be modified from the Conceptual PUD. The CITY therefore agrees to waive the 10% limitation requirement of the PUD ordinance regarding setbacks and height only, during the tern of this Agreement.) K. Subject to OWNER complying with all municipal code requirements, which do not conflict with the terms of this Agreement, and securing preliminary and final PUD plat approval for the various phases of development of the PROPERTY at public meetings of the CITY's Plan Commission and CITY Council, no further zoning approvals shall be required of OWNER as a prerequisite to the receipt by OWNER, or its assigns, of the permits necessary to allow the construction of dwelling units on any portion of the residential component or the construction of commercial uses on any portion of the commercial component. L. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a .public hearing regarding the requested Conceptual PUD Plan on July 11 , 2007. The CITY Council conducted the public hearing on the annexation agreement on July 24, 2007 and July 2008. M. At such time as OWNER requests, subject to the terms of Section 33 and 34 of this Agreement, the CITY Council agrees to conduct the public hearings required for the creation of the Special Service Area District and the Business District respectively. N. The CITY and OWNER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the CITY Code. O. The Corporate Authorities, after due and careful consideration, have concluded that the execution of this Annexation Agreement and the rezoning, subdivision and development of the PROPERTY, and the creation of the Special Service Area District and the Business District, if and when created, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. P. (i) Each PARTY agrees that it is in the best interests of the OWNER and the CITY to annex and develop the PROPERTY as a Planned Unit Development establishing a unique character through the provision of a mix of uses within a master planned community including commercial, residential neighborhoods and open spaces interspersed throughout the development and through the provision of an orderly flow of traffic within the development and to adjoining real property through widening of Route 34 contiguous to the PROPERTY, direct road connection with Kendall Marketplace shopping center, and extension of Beecher to the north property line of the PROPERTY thereby facilitating roadway capacity improvements and connections to the City's roadway network. (ii) Each PARTY agrees that it is in the best interest of the local governmental bodies affected that the OWNER provide for development of the PROPERTY. (iii) The PROPERTY is contiguous to the corporate boundaries of the CITY. 2 RCK revisions on 6/11 /08 To City — clean version Q. It is the desire of the CITY and the OWNER that the development and use of the PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes, resolutions and regulations of the CITY, except as otherwise provided in this Agreement. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the PARTIES hereto agree to enter into this Agreement and to supplement the Petitions for Zoning and Annexation with drawings submitted herewith, including the Conceptual PUD Plan, attached hereto as Exhibit "B" and agree that the annexation, zoning and Concept PUD Plan for the PROPERY shall be approved by the CITY Council upon the following terms and conditions and in consideration of the various agreements made between the parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. EXISTING AGRICULTURAL USE. The CITY agrees that the interim use of all or any portion of the PROPERTY as agricultural shall be permitted as legal non-conforming uses of the PROPERTY, subject to the limitation to growing crops and not livestock or composting, until such portions are approved as part of a Final Subdivision Plat and any building permits are issued within said subdivision plat. 3. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and rezone the PROPERTY as PUD in accordance with the provisions of this Agreement. The PARTIES recognize that during the life of the Annexation Agreement, it may be necessary for the OWNER of any portion, or all of the PROPERTY, to request zoning relief in the form of map amendments, text amendments, special uses and variations from time to time. The CITY agrees to process any such applications pursuant to the procedures set forth in the CITY Zoning Ordinance and not to require an amendment to this Annexation Agreement. The CITY further agrees that notwithstanding any policy or code amendment to the contrary either prior to or subsequent to the execution of this Agreement, the Planned Unit Development shall permit up to four (4) outlots on the PROPERTY to be occupied by a bank at any given time, an unlimited number of bank facilities that are provided ancillary to and internal to any larger tenant or retail space in the DEVELOPMENT, and not more than three (3) bank facilities in the in-line portion of the DEVELOPMENT, provided said bank tenancies and outlots combined do not constitute more than 15% of the PROPERTY or 19.5 acres, whichever is less. 4. CONCEPT PLAN. In conjunction with the annexation of the PROPERTY and zoning the PROPERTY PUD, the CITY shall adopt an ordinance granting approval of the Conceptual PUD Plan ("Concept Plan") in substantial conformance to the Concept Plan prepared by Rolf C. Campbell & Associates, Inc. dated May 21 , 2007 with latest revision date of March 14, 2008 and attached hereto as Exhibit "B". The PUD consists of a mixed use of a variety of residential product types and a variety of commercial uses. The Concept Plan depicts the general location of the residential and commercial land uses. The exact boundaries shall be determined as part of the Preliminary and Final PUD Plans review and approval process. The commercial development area of the PUD is located north of the Route 34 frontage on the east and west sides of the Rob Roy Creek, and contains approximately one hundred thirty (130) acres; the residential development area located west of the Rob Roy Creek and north of the commercial development area will consist of approximately seventy-two (72) acres with a maximum of three hundred ten (310) total units attached residential units; or a maximum of 544 attached residential units, but only in the event that at least 50% of the residential units are limited to age-restricted 3 RCK revisions on 6/11 /08 To City — clean version occupancy; or in the event the seventy-two (72) acres or portion thereof contains a senior care complex, including but not limited to assisted living or congregate care facility, the OWNER and CITY shall agree on a reasonable unit count given the product propose; and the Rob Roy Club residential development with a variety of non-equity residential product types (with right to convert to equity ownership), including single family cluster housing, townhomes, duplexes and mid-rise buildings (not exceeding 4 stories) is located east of the Rob Roy Creek, north of the commercial area, and on the west side of Beecher Road, and consists of approximately seventy-one (71 ) acres and a maximum of four hundred sixteen (416) total units. The DEVELOPMENT shall be in substantial consistency with the same architectural design standards as approved for the Kendall Marketplace Shopping Center and residential product (located immediately east of the PROPERTY) as set forth below in greater detail. These design standards are in addition to the required standards of the CITY regulated by the CITY's Appearance Code (Title 8, Chapter 15). A. Single-Family Detached Residential Unit Design Standards: 1 . Masonry products* shall be incorporated on the front fagade* of 100% of the total units. 2. 100% of the front facade* of each building shall incorporate masonry products* . A 10% reduction of the required masonry area will be given for each major architectural feature on the front fagade. 3. A minimum of 50% of each building elevation shall incorporate premium siding material*. 4. Primary structures shall be constructed upon either a basement or foundation — `slab' construction shall not be used. B. Single-Family Attached Residential Unit Design Standards. 1 . Masonry products* shall be incorporated on the front fagade* of 100% of the total townhome buildings. 2. A minimum of 50% of the front fagade* of each building shall incorporate masonry products*. 3. A minimum of 50% of each building elevation shall incorporate premium siding materials*. C. Commercial Design Standards. 1 . All `Guidelines' within the Appearance Code section `V Criteria For Appearance, 4. Non-Residential, b. Building Design, 1 . Commercial, Office and Denotes term defined in Appearance Code (Ordinance 2005-51) 4 RCK revisions on 6/11 /08 To City — clean version Institutional Uses, b. Guidelines for unbuilt sites' (a copy of which is attached as Exhibit "C") shall be required applications. 2. Signage. i. All free standing monument signage must include a 100% masonry product* base no less than the width of the sign area. ii. The CITY agrees to permit special signage for the PROPERTY including two (2) pylon signs 29'4" in height and 191 .5 square feet in sign area. 3. Retail users shall be permitted fencing surrounding the outdoor sales area to be up to twenty feet (20') in height. OWNER has prepared a depiction of the various development areas within the PUD for the entire development, which is labeled an Illustrative Example Diagram, is dated June 18, 2007 with latest revision date of March 14, 2008, and is attached as Exhibit "D" ("the Development Area Plan"). While the Concept PUD Plan is intended to show the land use areas on the Property, the Development Area Plan is intended to show the maximum intensity of development that might be achieved by the OWNER within the land use areas upon the CITY's approval of the Conceptual PUD Plan. 5. PRELIMINARY AND FINAL PUD PLATS. Upon and in compliance with the requirements of the CITY Code including and consistent with the terms of this Agreement, the OWNER shall submit an application or applications for Preliminary PUD Plan approval for up to ten (10) development parcels, or for the entire property or any combination thereof, complete with preliminary engineering plans, landscape plans and elevations of the buildings proposed to be constructed. The OWNER shall present grading plans for the entire portion of the PROPERTY located on the respective side of Rob Roy Creek, together with the required plans for the first development parcel. It is the intent of the Parties that the entire portion of the Property located on the side of Rob Roy Creek in which the first development parcel is located, shall be mass graded at the same time the first development parcel is developed. The Preliminary PUD process may identify issues not contemplated in this Agreement. In the event that issues arise, the CITY and OWNER agree to work together to resolve those issues. The CITY agrees to adopt an ordinance or ordinances granting a Preliminary PUD Plan so long as the Preliminary PUD Plan substantially conforms to the Concept Plan. Thereafter, the CITY shall adopt an ordinance or ordinances granting a Final PUD Plan so as to allow for the development of the PROPERTY in conformance with Exhibit `B" and Exhibit "D" for each DEVELOPMENT parcel or for the entire PROPERTY or any combination thereof. The CITY acknowledges that the commercial development will be developed as individual commercial lots and for OWNER retained commercial parcels. As a result, the DEVELOPMENT will require and the CITY shall require a cross access easement or reciprocal easement agreement required to properly provide for the required access between commercial uses or between commercial and residential uses. 6. DEPARTURES FROM LOCAL CODES. Because the OWNER has not completed its detailed development plans to the specificity of a Preliminary or Final PUD Plan, the CITY agrees to reasonably consider any additional requests for modifications or departures from the CITY zoning ordinance and/or subdivision ordinance, requested by OWNER at the Preliminary PUD or Final PUD stage, and more specifically, the CITY shall not apply to the PROPERTY the ten (10%) percent limitation 5 RCK revisions on 6/11 /08 To City — clean version on waivers, exceptions, departures and/or modifications within the PUD or Subdivision, specifically related to setbacks and height. 7. SPECIAL USE REQUESTS/LIQUOR LICENSES. The OWNER and CITY acknowledge that some specific uses shall require Special Use permits to operate in the CITY, for example a gas station, liquor store, or restaurantibar. The OWNER agrees that the individual user shall submit the required plans and information required with the special use application for review and approval of the CITY. The CITY agrees to expeditiously process and reasonably consider future requests for special uses for individual uses and shall conduct any necessary public hearings therefore. The CITY agrees to process any such applications pursuant to the procedures set forth in the CITY Zoning Ordinance and not to require an amendment to this Annexation Agreement. Outdoor sales areas shall be permitted and shall not require special use approvals. OWNER shall be authorized to apply for and the CITY agrees to reasonably consider issuing liquor licenses to liquor and/or restaurant establishments in the PROJECT, subject to compliance with applicable CITY liquor license and liquor code licensing requirements. S. UTILITIES. EASEMENTS AND PUBLIC IMPROVEMENTS. OWNER agrees that any extension and/or construction of the utilities and public improvements required for the development of the PROPERTY shall be performed in accordance with CITY subdivision regulations and other applicable ordinances, subject to paragraph 6 above. Any on-site work and the cost thereof shall be the responsibility of OWNER except as otherwise provided in this Agreement. The CITY shall reasonably assist the OWNER to obtain any off-site easements required for utilities and public improvements, specifically including but not limited to off-site easements required for sanitary sewer service through the property south and west of the PROPERTY known as the "Cobblestone South Subdivision" (the final plat of subdivision has not been recorded as of the date of this Agreement). The City agrees that it shall obtain from the owner of the Cobblestone South Subdivision property, the easements required to service the PROPERTY with the sanitary sewer via the lift station located in Fox Hills Subdivision Unit 7, which will require a direct line easement through Cobblestone South Subdivision and not around its perimeter, all as shown on OWNER's engineering plans. In the event the OWNER cannot obtain the necessary off- site easements for the extension of the utilities and public improvements required to construct the PUD, the CITY shall allow OWNER to extend the utilities and public improvements from other locations to the PROPERTY within existing easements or rights-of-way. Notwithstanding anything in this Agreement to the contrary, in the event that the direct line easement is not obtained by the CITY, then the OWNER shall be permitted to install its own lift station on the PROPERTY and OWNER shall not be required to connect to the sanitary sewer via the Fox Hills Subdivision Unit 7 and OWNER shall not be required to pay any sanitary sewer recapture fee pursuant to the Fox Hills sanitary recapture agreement. To the extent that the alternative routing of any of the utilities or public improvements is more expensive than as designed by OWNER's civil engineer, the CITY agrees that, at OWNEWs request, the CITY will reasonably consider alternatives and shall exercise reasonable and best efforts to assist with acquisition of off-site easements, utilizing eminent domain if necessary. All costs related to or associated with acquisition of the real property for easement purposes and/or acquisition of fee title, for sanitary sewer, storm water drainage or potable water purposes shall be the responsibility of OWNER. The CITY shall not incur any acquisition cost. 91 POTABLE WATER SUPPLY SANITARY SEWER AND RECAPTURE A. Water. The CITY represents to OWNER that the CITY owns potable water, fire flow and water storage facilities and that such facilities will have sufficient capacity to adequately 6 RCK revisions on 6/11 /08 To City — clean version serve the needs of the OWNER and occupants of the PROPERTY as developed pursuant to the terns of this Agreement. As required by the CITY Engineer, OWNER shall connect the entire project, including that portion west of Rob Roy Creek to the watermain to be constructed on the Kendall Marketplace property located to the east of the PROPERTY. Due to the condition of the existing water system, the CITY acknowledges that the PROPERTY does receive a minimum benefit from a connection to the CITY watermain located south of Route 34 and west of Rob Roy Creek only during emergency situations when the watermain valve to be constructed by OWNER is manually opened. The CITY shall obtain the required easements of access for construction purposes over any portion of the Kendall Marketplace property necessary to allow connection to the Kendall Marketplace watermain, or the CITY shall require the developer of Kendall Marketplace to extend the watermain to the PROPERTY. B. Sanitary Sewer. With respect to sanitary sewer treatment capacity, the CITY shall assist and cooperate with OWNER in their efforts to acquire adequate sanitary sewer treatment capacity from the Yorkville Bristol Sanitary District ("YBSD") for use in the PROPERTY as developed pursuant to this Agreement. The OWNER shall connect that portion of the PROPERTY located east of Rob Roy Creek to the existing thirty-six (36") inch YBSD sanitary sewer interceptor located along the east property line of the PROPERTY. The CITY acknowledges that the PROPERTY located east of Rob Roy Creek does not receive any benefit from a connection to the sanitary sewer located west of Rob Roy Creek and south of Route 34. The OWNER shall connect that portion of the PROPERTY located west of Rob Roy Creek to the sanitary sewer mains located south of Route 34. The Parties agree that the lift station located in Fox Hill Subdivision Unit 7 is sufficient to accommodate flows from that portion of the PROPERTY located west of Rob Roy Creek, and that no upgrades to the lift station are required. The CITY shall assist and cooperate with OWNER in its efforts to obtain adequate means of delivery of sanitary sewer capacity to the PROPERTY or, in the alternative, shall provide such means of delivery, subject however, to the requirements of the YBSD where appropriate. The CITY shall seek to obtain such governmental approvals and permits, but in the event that its best efforts are not successful, the CITY shall not be liable for any failure to provide adequate means of delivery of the sanitary sewer treatment capacity contemplated under this Subsection 93 arising from its inability to obtain such approvals and permits; and the CITY undertakes no duty to pay for sanitary sewer extensions or system upgrades deemed necessary by YBSD to serve the PROPERTY. C. Recapture. 1 . Fox Hill Water Main Recapture - The CITY acknowledges that the PROPERTY does not receive a benefit from a water infrastructure improvement constructed by the developer of the Fox Hill Subdivision and as a result the OWNER shall not be required to make any payment under the recapture ordinance or agreement regarding said improvement constructed by the developer of the Fox Hill Subdivision. However, OWNER agrees to install a manual value (not a pressure reducing valve) between the PROPERTY and the Fox Hill water main, which is an upgrade to the Fox Hill water main system. The CITY agrees that it shall renegotiate the terms of the Recapture Agreement between the United City of Yorkville and dated and shall pay the required recapture payments attributable to the PROPERTY from the CITY's share of the local sales tax. 2. Fox Hill Sanitary Sewer Recapture - The CITY acknowledges that the portion of the PROPERTY located east of Rob Roy Creek does not benefit from the sanitary sewer 7 RCK revisions on 6/11 /08 To City — clean version infrastructure improvements provided by the developer of the Fox Hill Subdivision and as a result the OWNER shall not be required to make any payment under the recapture ordinance or agreement between the CITY and dated for that portion of the PROPERTY located east of Rob Roy Creek. The CITY agrees that it shall renegotiate that portion of the recapture agreement with the Fox Hill developer so that OWNER is not required to pay that portion of the recapture fee. The Parties acknowledge that a 26.58 acre portion of the PROPERTY located west of Rob Roy Creek, as depicted on Exhibit "E" Rob Roy Falls - Fox Hills Sewer Recapture Benefited Properties Exhibit dated March 19, 2008, does benefit from the Fox Hill sanitary sewer infrastructure improvements constructed by the developer of the Fox Hill Subdivision. The CITY agrees to renegotiate that portion of the recapture agreement with the Fox Hill developer so that OWNER is not required to pay that portion of the recapture, but instead the recapture payments owed shall be paid from the Business District Sales tax proceeds or the City's share of the local sales tax if this is not an eligible expense through the Business District. D. The CITY represents and warrants to OWNER that no other recapture agreements exist or will be agreed to in the future in which the OWNER's PROPERTY will be included or called upon to contribute funds. E. The CITY agrees to grant recapture to OWNER for any sanitary sewer or watermains oversized at the request of the CITY pursuant to the CITY Municipal Code. 10. SECURITY INSTRUMENTS. A. Posting Security. Subject to the requirements and limitations of state law and City ordinance requirements, OWNER shall deposit, or cause to be deposited, with the CITY such surety bonds or other security in the forms and in the amounts prescribed by the ordinances of the CITY ("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed in any particular Phase of DEVELOPMENT. The OWNER shall have the sole discretion, subject to compliance with Illinois law and City ordinance requirements, as to whether an irrevocable letter of credit or surety bond will be used as the security instruments. The amount of each Security Instrument shall be as required by state law and the duration shall be as required by applicable ordinances of the CITY. The CITY Council upon recommendation by the CITY Engineer, shall from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty-five (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 the DEVELOPMENT. If the OWNER chooses to use a Special Service Area as a funding mechanism for the installation of public improvements, per United CITY of Yorkville's Resolution No. 2006- 19, the OWNER shall not be required to post any irrevocable letters of credit or surety bonds to guarantee the installation of those public improvements covered by the Special Service Area. Any public improvements installed by the OWNER on its respective parcels as part of a special service area shall require OWNER to post a one-year maintenance bond after acceptance by the CITY of said public improvements in an amount equal to 10% of the approved engineering's estimate of the costs. 8 RCK revisions on 6/11/08 To City — clean version Any perimeter roadways and onsite improvements may be dedicated, constructed, and/or bonded as independent phases of development at the sole discretion of the OWNER. B. Acceptance of Underground Improvements and Public Streets. Upon completion and inspection of underground improvements, public streets, and/or related improvements in each Phase of Development on the Residential Parcels and the Commercial Parcels, respectively, and acceptance by the CITY Council upon recommendation by the CITY Engineer, OWNER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the CITY Subdivision Control Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following OWNER' S completion thereof for each Phase of Development in compliance with the requirements of said ordinance, and shall adopt the resolution accepting said public improvements not later than forty-five (45) days following the completion of the Punch List items.. C. Acceptance of Other Public Improvements. Upon completion of other public improvements not constructed specific to any individual neighborhood (i.e. park areas, offsite water main, sewer mains, homeowners association open space areas) in each Phase of the DEVELOPMENT, and acceptance thereof by the CITY Council upon recommendation by the CITY Engineer, OWNER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the CITY Subdivision Control Ordinance and/or bond funding provisions. D. Transfer and Substitution. Upon the sale or transfer of any portion of its respective parcels within the PROPERTY, OWNER shall be released from the obligations for such portion secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY, securing the costs of the improvements set forth therein. CITY acceptance shall not be unreasonably withheld. 11. AMENDMENTS TO ORDINANCES. All applicable ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, comprehensive land use plan, and related restrictions ("Applicable Codes"), as they presently exist, except as amended, varied, or modified by the terns of this Agreement, which modification includes but not is limited to wetland, stormwater management and drainage regulations that shall be regulated pursuant to Section 28 of this Agreement have been set forth on Exhibit "17", and shall apply to the PROPERTY and its development for a period of five (5) years from the date the first permit for construction of a building is issued. At the termination of the first five (5) year period, all applicable ordinances, regulations and codes of the CITY, then in effect, shall apply to the PROPERTY and its development for the next five (5) year period. Any amendment, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the PROPERTY except upon the written consent of OWNER during the respective five (5) year period. After the termination of the second five (5) year period, the PROPERTY and its development will be subject to all Applicable Codes in existence on or adopted after the expiration of the second five (5) year period, provided, however, that the application of any such Applicable Code shall not result in a reduction in the number of residential building lots or units herein approved for the Residential Parcel, shall not result in a reduction in the square footage of commercial DEVELOPMENT as shown on Exhibit "D", alter or eliminate any of 9 RCK revisions on 6/11/08 To City — clean version the ordinance departures provided for or contemplated herein, nor result in any subdivided lot or structure constructed within the PROPERTY being classified as non-conforming under any ordinance of the CITY. 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. 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 PROPERTY pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the PROPERTY and be complied with by OWNER, provided, however, that any so-called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the PROPERTY shall be given full force and effect. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of any improvements, buildings, appurtenances, or any other development of any kind or character upon the PROPERTY, other than those upon which site plan approval may be based, are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY's boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNER, and anything to the contrary contained herein notwithstanding, the OWNER may proceed with development or construction upon the PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. 12. BUILDING CODE; BUILDING PERMITS. The CITY has adopted the International Building Code, which is updated approximately every three years. The International Building Code for the CITY in effect as of the date of building permit application for each respective building on the PROPERTY will govern any and all construction activity regarding said building on the Property. Any local life safety amendment adopted by the CITY as an amendment to or in addition to the International Building Code shall be enforced against the PROPERTY under the same terms and conditions as the ordinances, codes and regulations identified in Section 11 above. 13. FUTURE FINAL PLATS AND FINAL ENGINEERING. The CITY recognizes the development of the PROPERTY may occur in stages or units (sometimes referred to herein as "Phases") over a period of time. Accordingly, the CITY grants permission to OWNER to phase the development on the respective parcels over a period of twenty (20) years and to submit separate final plats and final engineering for approval for each Phase. The CITY shall act upon any final plat and final engineering submitted to it for approval within a reasonable time of its receipt of such final plat, final engineering and all necessary supporting documentation and information. The plat review and consideration by the CITY shall not exceed the limitations set out in 65 ILCS 5/11- 12-8 (2002). The CITY shall not require engineering to be submitted for any Phase of the PROPERTY that is not within the particular Final Plat for a Parcel, Phase or Unit being submitted for approval by OWNER, provided, however, the CITY can require engineering for sewer, water, storm water lines and utilities that cross undeveloped Parcels and/or Phases. 14. FEES AND CHARGES, A. During the first six (6) years for residential development and during the first eight (8) years for commercial development, following the date of this Agreement, the CITY shall impose upon and collect from the OWNER, and its respective contractors and suppliers, only those permit, license, tap-on and connection fees and charges, and impact fees and in such amount or at such rate, as are in effect on the date of this Agreement and as are generally applied throughout the CITY, except as otherwise expressly provided for in this Agreement on the Fee 10 RCK revisions on 6/11/08 To City — clean version Schedule attached hereto and made a part hereof as Exhibit "G". Thereafter, the OWNER shall comply with the Fee Schedule then in effect from time to time so long as it otherwise conforms to the terms of this Agreement. At the expiration of the six (6) year term, the CITY shall give the OWNER a six (6) month grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations. Notwithstanding anything in this Section 14 to the contrary, no increased impact fees and no new impact fees shall apply to the PROPERTY, except as are contemplated in the existing Fee Schedule regarding water bi-annual increases tied to a construction index. B. To the extent that any fees charged by the CITY or other governmental agency by reason of this Agreement or CITY Ordinance are not frozen by the specific terms contained in this Agreement, such fees may be prepaid as follows: (i) If the CITY increases any fees that are not prohibited from being increased by the terns of this Agreement and are applicable to the PROPERTY, the CITY will provide OWNER with notice thereof and will determine a reasonable method that allows OWNER to prepay the fees as they existed prior to such increase at any time within thirty (30) days after receipt of the notice of the increase of the fees from the CITY. (ii) OWNER's right to prepay will apply to all fees or only certain fees applicable to their respective parcels within the PROPERTY as selected by OWNER and prepayment of a particular fee will prevent the increase in such fee from being applicable to that portion of the PROPERTY for which such fee was prepaid. For fees charged on a per residential unit basis, OWNER may designate the number of residential units and pay such fees based on such designated number of units and may prepay for only a certain number of units as determined by OWNER. (iii) Once the payment is made, no refund of any portion of any prepayment made will be allowed. 15. CONTRIBUTIONS. The CITY shall not require the OWNER to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. With regard to all contributions required to be made by the CITY ordinances, the Parties agree that the public bike trails land, including the costs to construct the public bike trails and pedestrian bridge across the Rob Roy Creek, the 2.6 acre (+/-) parcel for the Bristol-Kendall Fire Protection District "BKFD", and all other land dedicated by the OWNER, shall be reduced from the total acreage of the PROPERTY prior to any computation of the required contribution, be it land or cash. A. Perimeter and Off-Site Road Improvements. OWNER agrees to improve the unimproved portion of Beecher Road adjacent to the PROPERTY and Route 34 adjacent to the PROPERTY according to the plans approved by IDOT and pursuant to the Agreement for Sycamore Road Intersection Agreement, attached as Exhibit "Fr' hereto. B. Beecher Road Improvements. OWNER shall construct Beecher Road from the Kendall Marketplace terminus to the north property line of the PROPERTY. If requested by BKFD or the CITY to construct access to either one of both the 2.6 acre BKFD Parcel and the City 8 Acre parcel, prior to construction of the commercial DEVELOPMENT adjacent to Beecher Road, OWNER shall construct a temporary service driveway to provide access to existing Beecher Drive south of said parcels. Attached as Exhibit "I" is the approved cross section for the 11 RCK revisions on 6/11 /08 To City — clean version temporary service driveway. C. Fire Department Contribution. The OWNER shall integrate into the Preliminary PUD Plan and dedicate at time of Final Platting the northern-most commercial outlot on the Beecher Road frontage of the PROPERTY to the BKFD for use by the BKFD as a Fire Station. The land dedication shall include a reverter clause such that title to the BKFD outlot shall revert back to OWNER, without further action required, five years from the date of the Annexation Agreement in the event a Fire Station has not yet been approved on the outlot, or in the event a Fire Station has not been built within six (6) years from the date of the Annexation Agreement. D. CITY Land Contribution. The OWNER shall dedicate the 8-acre parcel of land ("8- Acre Parcel") as shown on the Conceptual PUD Plan to the CITY for future civic use., only on the condition that the Kendall Marketplace shopping center owners transfer title to the 3.4-Acre Parcel ("3 .4 Acre Parcel") to the OWNER To facilitate the transfer of title to the 8-Acre Parcel, OWNER shall place the deed to the 8-Acre Parcel in escrow with instructions that the deed to the 8-Acre Parcel be delivered to the City simultaneously with the City's execution of the this Annexation Agreement E. Time of Transfer of Title to 3.4 Acre Parcel. The legal title holder of the 3.4 Acre Parcel of property located on the west side of Beecher Road and surrounded by the PROPERTY shall transfer title to the 3.4 Acre Parcel to the OWNER simultaneously with OWNER' S execution of the Plat of Dedication to the Illinois Department of Transportation of a 25 foot wide strip of land along Route 34. Prior to transfer of title of the 3.4 Acre Parcel to the OWNER, the existing overburden soil stockpile shall have been removed from the 3.4 Acre Parcel. Each and every requirement, duty and responsibility of OWNER in this Agreement is specifically subject to the transferring of title to the 3.4 Acre Parcel to the OWNER simultaneously with OWNER' S execution of the Plat of Dedication to the Illinois Department of Transportation of a 25 foot wide strip of land along Route 34. F. Right of Way Dedications. OWNER shall receive a credit against all CITY imposed permit and/or review fees as they become due and payable , in the amount of IDOT's fair market value formula for all right of way dedicated to the CITY or IDOT, including but not limited to the fifteen (15) foot strip of Route 34 right of way, the twenty five (25) foot strip of Route 34 right of way as set forth in Subsection "E" immediately above, the Beecher Road right of way from its present terminus point as constructed by the Kendall Marketplace Shopping Center developers to the north property line of the PROPERTY, and the YBSD easement for the YBSD interceptor previously dedicated to YBSD. The building setback lines from Illinois Route 34, on both the Preliminary PUD Plat and Final PUD Plat shall be measured from the Route 34 property line existing prior to any right of way dedication to IDOT. 16 . SCHOOL AND PARK DONATIONS. At the time of final plat approval for the portion of the PROPERTY requiring the donation, OWNER shall be responsible for making the contributions outlined in Exhibit "J" to the Plano Community Unit School District No. 88 ("School Districts"), and the United CITY of Yorkville Parks Department ("Parks Department") or the estimated Land Cash and School Transition Fee that is projected to be experienced by said entities as a result of the development of the Residential Parcel in the manner provided for under this Agreement. There shall be no other school and park contributions, fees or land dedications required for development of the Residential Parcels and there shall be no school or park contributions, fees or land dedications required or made for development of the Commercial Parcel. 12 RCK revisions on 6/11/08 To City — clean version 17. REGIONAL TRAIL ALONG ROUTE 34 AND ROB ROY CREEK. OWNER agrees to dedicate adequate land for a regional bike trail across Rob Roy Creek, together with trail connections, including the pedestrian bridge over Rob Roy Creek, from the regional bike trail into each of the PUD commercial and residential land use areas according to the terms of a Memorandum from the CITY Park Board, Laura Haake, to Joseph Duffy dated March 7, 2008, attached hereto as Exhibit "K", so long as OWNER receives a credit against all CITY imposed permit and/or review fees as they become due and payable for said land dedication from the CITY. The trail connection locations are depicted on Exhibit «B., 18. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the Residential Parcel, OWNER shall be entitled to construct, maintain and utilize offsite commercial and residential subdivision identification, marketing and location signs at not more than three (3) locations at any time within the corporate limits of the CITY as OWNER may designate (individually an "Offsite Sign" and collectively the "Offsite Signs") subject to sign permit review and issuance by the CITY. Offsite Signs will not be located on public right-of-way. OWNER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights from private land owners for the construction and use of each of the Offsite Signs. Each Offsite Sign may be illuminated and is subject to approval by the CITY. In addition to the Offsite Signs, OWNER shall be permitted to construct, maintain and utilize signage upon the Residential Parcel. OWNER shall be permitted to construct signage, as deemed appropriate by the commercial developer, announcing and advertising the commercial or residential development upon the Route 34 frontage of the PROPERTY. Permanent signage for the residential and commercial developments shall be permitted. The commercial signage shall be permitted pursuant to the same sign standards as permitted in the Kendall Marketplace shopping center. 19. MODEL HOMES PRODUCTION UNITS AND SALES TRAILERS. During the development and build out period of the Residential Parcels (subsequent to final plat approval), OWNER, and such other persons or entities as OWNER may authorize, may construct, operate and maintain model homes and sales trailers within the Residential Parcels staffed with OWNER's, or such other person's or entity's, marketing and construction staff, and may be utilized for marketing offices for the residential subdivisions for said persons or entities. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by OWNER, but shall in no event exceed five (5) for each product type in any phase or unit of the residential development. Off-street parking shall be required for model homes when more than three (3) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking two (2) cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood, which may be hereinafter designated by OWNER as a separate neighborhood at the time a final plat for all or any part of that neighborhood is submitted by OWNER to the CITY, shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon submission of a temporary hold harmless letter to the CITY and the BKFD.) A final inspection shall be conducted prior to the use of a model home and water service shall be 13 RCK revisions on 6/11 /08 To City — clean version made available if located within 300' of the model home. There shall be no occupation or use of any model homes for residential purposes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational or until temporary service, as approved by the City, is available, whichever is earlier. Use of models as a model unit only shall not be deemed to be "occupancy" thereof and may be made prior to connection to a sanitary sewer or water system, so long as temporary waste water holding tanks and temporary water facilities are installed to serve them. OWNER may locate temporary sales and construction trailers upon the Residential Parcels and Commercial Parcels during the development and build out of said property, provided any such sales trailer shall be removed within two (2) weeks following issuance of occupancy certificates for all units within the Residential Parcels and Commercial Parcels respectively. A building permit will be required by the CITY for any trailer that will be utilized as office space when there is an electric connection. Prior to construction of the sales trailer the OWNER shall submit an exhibit of the model trailer site with landscaping and elevations for the CITY's approval, which the CITY shall approve, or if denied, the reasons for said denial, within fourteen (14) calendar days. OWNER hereby agrees to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit and shall execute and deliver to the CITY a hold harmless and indemnification agreement in form and content reasonably satisfactory to the CITY, so providing, prior to the commencement of construction of any model homes. OWNER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each neighborhood as the Final Plat and Final Engineering for each such neighborhood is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each neighborhood. 20. CONTRACTORS' TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the PROPERTY as required and approved by OWNER for development purposes. Said trailers shall be removed from each of the Residential Parcels and the Commercial Parcels, respectively, within thirty (30) days after issuance of the last occupancy permit for each such parcel, subject to force majeure. A building permit will be required by the CITY for any trailer that will be utilized as office space where there is an electric connection. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way. 21. CERTIFICATES OF OCCUPANCY. A. The CITY shall issue certificates of occupancy for buildings and dwelling units constructed on the PROPERTY or any parcel or phase thereof within five (5) working days after proper application therefore or within five (5) working days after the receipt of the last of the documents or information required to support such application, whichever is later. If the application is disapproved, the CITY shall provide the applicant within five (5) working days after receipt of the application and all documentation or information required to support such application, with a statement in writing of the reasons for denial of the application including specification of the requirements of law which the application and supporting documents fail to 14 RCK revisions on 6/11 /08 To City — clean version meet. The CITY agrees to issue such certificates of occupancy upon the applicant's compliance with those requirements of law so specified by the CITY. The CITY, at its expense, shall retain the services of such consultants and/or hire such employees as may be necessary to ensure that the CITY is able to fulfill its obligations under this Subsection. The foregoing, however, shall not negate the obligation of OWNER to pay all fees otherwise payable for services rendered in connection with the issuance of certificates of occupancy under applicable CITY ordinances. B. Notwithstanding the foregoing, certificates of occupancy shall be issued by the CITY for buildings and dwelling units whose driveway and/or sidewalk paving and grading improvements, landscaping, staked lot corners, B-boxes, and any other items deemed necessary by the City have not been completely finished due to adverse weather conditions subject to the following understandings: (i) if a certificate of occupancy is issued for such a building or dwelling unit and a party fails to complete the driveway and/or sidewalk paving or grading improvements for such building or dwelling unit, landscaping, staked lot corners, B-boxes, and any other items deemed necessary by the City as soon as weather permits but in any event by June I' of the following summer, the CITY shall have the right to withhold the issuance of further building permits for the specific building involved until such exterior work has been completed; (ii) with respect to the last phase of development on the PROPERTY, for any building or dwelling unit for which a certificate of occupancy has been issued with incomplete exterior conditions, adequate security, which may be by a bulk surety in the form of a letter of credit or surety bond, shall be posted with the CITY to ensure the completion of such work; and (iii) the CITY is hereby granted rights of access to the applicable phase of the PROPERTY so that, if necessary, the CITY can complete such work. Notwithstanding the foregoing, if the provisions of (i) above apply but if the party that failed to complete the driveway and/or sidewalk paving or grading improvements, landscaping, staked lot corners, B-boxes, and any other items deemed necessary by the City, posts Security with the CITY in the amount of one hundred ten percent (110%) of the amount estimated by OWNER and approved by the CITY to be needed to complete such improvements or to effect such corrections, the CITY shall not withhold the issuance of such other building permits or certificates of occupancy. Under no circumstances shall the failure of Commonwealth Edison or another utility company to energize street lights installed by OWNER within a given Phase of development on the PROPERTY constitute a basis for the CITY denying the issuance of building permits or a certificate of occupancy for buildings and dwelling units constructed or to be constructed within such Phase of the PROPERTY provided OWNER makes a good faith effort to connect the street lights and make them operational. 22, LIMITATIONS, In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes (2002), shall the CITY require that any part of the PROPERTY be dedicated for public purposes. 23. RECAPTURE AGREEMENTS, A. Benefiting the PROPERTY. The CITY agrees to enter into recapture agreements with the OWNER for a portion of the costs of certain public improvements constructed by OWNER which the Parties agree may be used for the benefit of property ("Benefited Properties") not located within the PROPERTY which will connect to and/or utilize said public improvements. Each Recapture Agreement shall be substantially in the form as attached hereto and incorporated herein as Exhibit "L". The improvements which qualify as benefiting other properties and the identity of the benefited properties (by location map and/or permanent index number) shall be identified at the time of approval of Final Engineering for each phase of development. A phase may include more than one neighborhood. 15 RCK revisions on 6/11 /08 To City — clean version B. Encumberin¢ the PROPERTY. With the exception of the Fox Hill Subdivision Recapture for sewer and water, explained in Section 9 of this Agreement and referenced in Exhibit "E" of this Agreement, there are currently no recapture agreements or recapture ordinances, nor will there be in the future, affecting public utilities which will be utilized to service the PROPERTY which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNER, or their successors, upon connection of the PROPERTY to any of such public utilities, nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will affect the PROPERTY. 24. COMMENCEMENT OF IMPROVEMENTS. A. The CITY shall issue permits to OWNER to authorize the commencement of construction of utility improvements on the PROPERTY or any Parcel or Phase thereof at the sole risk and cost of OWNER prior to construction of the CITY utility improvements, provided: (1) such construction is undertaken at the risk of the party seeking to undertake such work; (2) approved engineering plans for such improvements have been approved by the CITY that are sufficient in detail for the CITY to determine the nature and scope of the improvements being constructed; (3) the final subdivision plat for the Phase upon which the improvements are being constructed has been approved by the CITY; (4) the IEPA and the sanitary district that will serve the PROPERTY, as and if applicable, have issued permits for the construction of sanitary sewer and water lines for the Phase on which the improvements are being constructed. The CITY agrees to review and, where appropriate, execute IEPA sewer and water permit applications separate and apart from the review of final engineering plans so that the IEPA will be in a position to issue such permits prior to CITY approval of final engineering plans; and (5) the construction complies with the CITY's existing soil erosion ordinances. OWNER shall indemnify the CITY against any claims, actions or losses the CITY may suffer sustain or incur because another governmental agency takes action against the CITY after OWNER undertakes development activities on either of their respective parcels pursuant to the provisions of this Subsection 24 (A). B. The CITY shall issue permits, pursuant to the CITY's Soil, Erosion and Sediment Control Ordinance # 2003-19, as amended from time to time, to OWNER to authorize the commencement of mass earthwork and grading on the PROPERTY or any Parcel or Phase thereof prior to acceptance of a final plat of subdivision and final engineering by the CITY, provided, that OWNER has submitted mass grading and erosion control plans to the CITY at least thirty (30) days prior to the commencement of such mass earthwork and grading and complies with the erosion control ordinance of the CITY. 25. COVENANTS. OWNER shall include provisions in the covenants to provide that the Homeowners Association shall be responsible for the maintenance of landscaping within the perimeter landscaping easements, signage provided on the Residential Parcels, and other obligations as determined at the time of final platting and as referenced in this Agreement. 26. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA (DSSA)• A. Homeowners Association. OWNER shall establish through a declaration of 16 RCK revisions on 6/11 /08 To City — clean version covenants, conditions and restrictions, a Homeowners Association ("Association") of all lot owners within the Residential Parcels and a mandatory membership of all lot owners in the Association within the Residential Parcels. The Association shall have the primary responsibility and duty to carry out and pay for the maintenance of Common Facilities (defined below) through assessments levied against all dwelling units within the Residential Parcels. A maintenance easement shall be established over all of the Common Facilities located on the final plat for each Phase of Development for the Association that undertakes responsibility for the Common Facilities Maintenance. The Association will be responsible for the regular care, maintenance, renewal and replacement of the Common Facilities including stormwater detention areas and other open spaces within the Residential Parcels and for the yards and buildings on the private lots. The maintenance described herein shall include, without limitation, the mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition, and for the maintenance and repair of the exterior of the residential units and shall utilize the Association to provide sufficient funds to defray the costs of such maintenance and to establish reserve funds for future repairs and replacements and shall otherwise comply with the CITY's Property Maintenance Standards and Landscape Ordinance. The Common Facilities are to be determined at such time as the final engineering plans are approved by the CITY. OWNER may covenant for the sharing of the costs of maintenance of any storm water management facilities on the Residential Parcels that benefit the Commercial Parcels. B. Dormant Special Service Area. OWNER agrees to the CITY enacting, at the time of final plat approvals, a Dormant Special Service Area (DSSA) to act as a back up in the event that the Homeowner's Association fails to maintain the private common areas, detention ponds, perimeter landscaping features, and entrance signage within the Residential Parcels. C. Commercial Property Owners' Association Covenants. Conditions and Restrictions of Record. Concurrent with and prior to recording its First Final Plat for a commercial phase of the development, OWNER 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 OWNER to establish the covenants, conditions and restrictions for each commercial Phase of Development. The Declaration shall provide for the authority of OWNER 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 commercial phases of the PROPERTY ("Common Facilities") and the collection of assessments from the association members to defray the cost thereof. The Declaration shall be recorded against each commercial Phase of Development simultaneously with the recording of the Final Plat for each commercial Phase of Development. The OWNER 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 fails to do so. D. Dormant Special Service Area. OWNER agrees to the City enacting at the time of final plat approval of a commercial phase of the development, or anytime thereafter, a Dormant Special Service Area (DSSA) to act as a back up in the event that the commercial 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 commercial phases of the PROPERTY. OWNER agrees to execute any and all documentation necessary or proper to create the Dormant Special Service Area and pay any and 17 RCK revisions on 6/11 /08 To City — clean version all fees, including legal expenses, for the preparation and approval of said documentation. 27. ON-SITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the PROPERTY, OWNER determines that any existing utility easements and/or underground lines require relocation to facilitate the completion of their obligation for their respective parcels of the PROPERTY, the CITY shall fully cooperate with OWNER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the OWNER. If any easement granted to the CITY as a part of the development of the PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the PROPERTY in this Agreement, the CITY shall fully cooperate with OWNER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by OWNER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNER shall pay for the cost of design and relocation of any such easement and the public utilities located on their respective parcels unless the relocation involves overhead utilities. If any existing overhead utilities are required to be relocated or buried on perimeter roads that are the responsibility of the OWNER, the CITY agrees to be the lead agency in the relocation of those utilities. Upon OWNER's request, the CITY will make the request to have overhead utilities relocated. In the event there is a cost to the OWNER associated with burying what had been overhead utility lines, the OWNER shall have the right to make the determination as to whether the utility lines will be buried or re-located overhead. 28. WETLANDS AND STORMWATER DETENTION. The Residential Parcels contains three wetland areas within the Rob Roy Creek corridor which are under the jurisdiction of the Army Corps of Engineers (ACOE). OWNER shall comply with applicable ACOE rules and regulations regarding ACOE jurisdictional wetlands. OWNER's plan for the development of the Residential Parcels will not adversely impact the Wetland Areas within the Rob Roy Creek corridor. Notwithstanding anything in this Agreement to the contrary the CITY agrees to grant OWNER the right to comply in all respects with the list of engineering requirements prepared by CM LaVoie & Associates, dated 2008 and attached hereto as Exhibit "M". 29. ROUTE 34 CURB CUTS. The CITY agrees to cooperate with OWNER in an effort to procure and execute permits from the appropriate governmental agencies with jurisdiction to allow the construction of a minimum of five (5) curb cuts and street access on Route 34 to the Commercial Parcels as indicated on the Conceptual PUD Plan. The location of the curb cuts have been approved on a preliminary basis by IDOT. OWNER and CITY acknowledge that IDOT, and not the CITY, shall have ultimate approval of the number and location of the curb cuts designed on Route 34 for the Commercial Parcels. The CITY agrees that it will not withhold or delay issuance of any building permits on the basis that a property owner has not yet dedicated any land to IDOT for road improvements to Route 34. The CITY agrees to work with OWNER to agree upon a phase plan for Route 34 road improvements that will be submitted to IDOT. 18 RCK revisions on 6/11 /08 To City — clean version 30. BEECHER ROAD CURB CUTS. The CITY agrees to issue curb cuts and street access onto Beecher Road as indicated on the Conceptual PUD Plan, in addition to a right-in right-out curb cut directly across from Kendall Marketplace's southernmost Beecher Road access drive. The final location of the curb cuts will be determined by OWNER subject to the approval of the CITY. The Parties acknowledge that Kendall Marketplace is constructing the Beecher Road intersection improvements that are located on the Kendall Marketplace property, including on the 3.4 acre parcel of land referenced in this Agreement. The CITY agrees that it will not withhold or delay issuance of any building permits to OWNER of the PROPERTY on the basis that any unrelated land owner has not or refuses to dedicate land to the CITY for road improvements to Beecher Road. 31. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, resolution or regulation of the CITY which may be in conflict with the provisions of this Agreement. 32. ECONOMIC INCENTIVE AGREEMENT. It is the intention of OWNER, that to the greatest extent possible, the costs of the installation of on-site and off-site public improvements for the PROPERTY shall be funded by a Business District and Special Service Area. At the request of OWNER, CITY shall enter into an Economic Incentive Agreement pursuant to 65 ILCS 5/8-11 -20 and shall approve all ordinances and execute all other agreements in connection therewith which may be necessary to reimburse OWNER or its assigns for the design and installation of those public improvements (the "Commercial Project Improvements") within or abutting the Commercial Parcels which (i) are directly attributable to the Commercial Parcels and (ii) do not qualify to be funded by the special service area established for the Residential Parcels under the provisions of paragraph 33 of this Annexation Agreement. The terms of the Economic Incentive Agreement shall contain the following provisions: (a) The costs of the Commercial Project Improvements (the "Project Improvement Costs") for which OWNER or its assigns shall be reimbursed, shall include costs of design and engineering, land dedication, construction interest paid during construction, permit fees, inspection fees, insurance premiums and bonds and amounts paid to contractors, subcontractors and suppliers for labor, material, and equipment used in constructing and installing the Commercial Project Improvements which shall not exceed $27,700,000.00. Notwithstanding the foregoing, in the event that construction of the shopping center portion of the proposed development has not commenced construction within eight (8) years of the date of this Agreement, then the CITY agrees to reasonably consider an increase the maximum dollar amount to incorporate the increased costs of construction of the DEVELOPMENT, (b) The amount for which OWNER and its assigns shall be reimbursed (the "Reimbursement Amount") shall consist of the DEVELOPMENT Improvement Costs plus interest at the rate of 5% per annum from January 1" of the year following the completion of construction of the respective improvement (as evidenced by contractor's sworn statements and waivers) to the date of reimbursement. (c) The commencement date for reimbursement shall be the date of issuance of a certificate of occupancy for 100,000 square feet or more of floor area operating on the Commercial Property. The termination date after which time the CITY shall no longer be required to make any reimbursement payments to OWNER or its assigns shall be 15 years after the commencement date for reimbursement. (d) During the reimbursement period the CITY shall pay to OWNER or its assigns one-half of any taxes imposed by the State of Illinois as a retailer's occupation tax or a retailer's 19 RCK revisions on 6/11 /08 To City — clean version service occupation tax or any other sales tax or successor tax which may be enacted by the State of Illinois as replacement thereto that are generated by the operation of any retail stores operating on the Commercial Parcels and are distributed to the CITY by the Illinois Department of Revenue. Such payments shall be made until the first to occur of the following: (i) OWNER has been fully reimbursed for the Reimbursement Amount (including interest); or (ii) the termination date of the Economic Incentive Agreement. Thereafter the CITY shall have no further obligation to make any payments under this Agreement to OWNER or their assigns. (f) The CITY agrees to consider providing up to '/4 of 1 % of the local sales tax to the OWNER or developer of buildings in the PROPERTY that include "Green" provisions. (g) The CITY agrees to allow up to fifty (50%) of the real estate tax generated from the PROPERTY to be used to repay the bonds issued for the development of the PROPERTY as a secondary source for repayment of the bonds. This incentive shall expire upon the first to occur: five (5) years after the date of this Agreement; or when four hundred thousand (400,000) square feet of the shopping center has been leased; or when sales of one hundred twenty five million (125,000,000) have been achieved from stores in the shopping center. This incentive shall not be available if it is determined that the incentive will adversely impact the sale of the bonds. 33. ESTABLISHMENT OF SPECIAL SERVICE AREA AS FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS. At the OWNER's request, the CITY shall establish a special service area ("SSA") to be utilized as a funding mechanism, in the commercial portion of the PUD only, for acquisition, construction and installation of public improvements including but not limited to, engineering, surveying, soil testing and appurtenant work, mass grading and demolition, storm water management facilities, storm drainage systems and storm sewers, site clearing and tree removal, public water facilities, sanitary sewer facilities, erosion control measures, roads, streets, curbs, gutters, street lighting, traffic controls, sidewalks, paths and related street improvements, equipment and materials necessary for the maintenance thereof, landscaping, wetland mitigation, public park improvements and tree installation, costs for land and easement acquisitions or dedications relating to any of the foregoing improvements, required tap-on and related fees for water or sanitary sewer services, required impact fees and dedications and other eligible costs to serve the Special Service Area (the "Special Services"). It is contemplated that the Business District Tax shall be the first source of payment for the Special Services. In the event that the Business District Tax is not adequate to pay for the Special Services, then the OWNER shall request the CITY to establish the SSA. The OWNER and CITY presently estimate the total cost of these Special Services, together with costs of borrowing money for that purpose, funding administrative expenses and providing for necessary debt service reserves and capitalized interest (collectively the "Costs of the Special Services") to be approximately Twenty Seven Million Seven Hundred Thousand Dollars ($27,700,000.00). The CITY acknowledges that it is in the best interests of the CITY to issue Special Service Area Ad Valorem Tax Bonds in a principal amount not to exceed Twenty Seven Million, Seven Hundred Thousand Dollars ($27,700,000.00) to pay or provide funds to pay the costs of the Special Services. The CITY and OWNER shall cooperate in good faith to identify and agree on an appropriate structure for the financing, which the CITY and OWNER currently believe will consist of an SSA pursuant to 35 ILCS 200/27-5 et sea., but which may be authorized and implemented under other legal frameworks acceptable to the CITY and OWNER. The CITY agrees to prepare and publish and mail the public notices required by the Special Service Area Act, and to hold the required public hearing to consider establishment of the Special Service Area, the issuance of the Bonds for the purpose of paying the costs of the Special Services and the manner in which the Bonds are proposed to be retired and the proposed tax levy. 20 RCK revisions on 6/11 /08 To City — clean version Upon creation of the Special Service Area, the CITY agrees to issue bonds in the amount not to exceed Twenty Seven Million, Seven Hundred Thousand Dollars ($27,700,000.00). To the extent that the OWNER desires to utilize a special service area to construct public improvements in the residential areas, OWNER shall abide by CITY policies then in effect. 34. BUSINESS DISTRICT. A. Qualification of District. Prior to OWNER'S execution of this Agreement the CITY agrees to take the necessary steps to formally qualify the PROPERTY as a Business District as described by the Business District Development and Redevelopment Act, 65 ILCS 5/11 -74.3 et seq. If the PROPERTY qualifies as a Business District under the Business District Development and Redevelopment Act, the CITY agrees to create a Business District. OWNER shall select a consultant from the CITY's list of preferred consultants and OWNER shall be responsible to pay CITY' s consultant fees, but in no event more than twenty thousand ($20,000.00) dollars. B. Amount of Business District Tax. The CITY agrees to allow for the generation of additional sales tax revenue on the Commercial Parcel, at a rate of not more than an additional one-half percent (1/2 %) tax. The OWNER agrees to not object to the creation of said Business District. C. Priority of Payments. One hundred percent (100%) of all revenues received as a result of the aforesaid additional tax shall be rebated back to the OWNER by CITY as reimbursement for OWNER's share of engineering expenses and improvement costs for Route 34, Beecher Road, and all other eligible expenses, pursuant to the following priority of reimbursements: (i) CITY and OWNER's share of Route 34 Improvements through Sycamore pursuant to an "Agreement for Sycamore Road Intersection Improvements" dated , entered into between the Parties. (ii) Public Improvements for Commercial Development Phase I as eligible under state statute. (iii) Phase 2 of Route 34 Improvements from Sycamore to east side of creek. (iv) Public Improvements for Commercial Development Phase 2 as eligible under state statute. (v) Beecher Road Improvements to north PROPERTY line. (vi) Off-Site Sanitary Sewer extension (through Cobblestone South). (vii) North Beecher Road (north of PROPERTY line to Faxon Road) and Faxon Road improvements. In the event that there are not sufficient Business District taxes and/or local sales taxes generated to fund the improvements set forth in Section 34-C (vii) above, then such improvements shall not be required to be constructed by OWNER. 21 RCK revisions on 6/11/08 To City — clean version D. Creation of Business District. In furtherance of same, at such time as OWNER requests, but not before OWNER and/or another developer has contracts to construct not less than 100,000 square feet of commercial floor area, as set forth in Section 32-C of this Agreement, the CITY agrees to issue the required public notices and hold the required public hearings required to create the Business District. 35. CITY ASSISTANCE. The CITY agrees to cooperate and provide any reasonable assistance requested by OWNER in applying for and obtaining any and all approvals or permits necessary for the development of the PROPERTY, including, but not limited to those required from the Illinois Environmental Protection Agency, the Army Corps of Engineers, the Federal Emergency Management Agency, the United States Environmental Protection Agency, Illinois Department Of Transportation ("IDOT"), the Illinois Department of Natural Resources, Kendall County, Kendall County Forest Preserve District, Bristol Township, Rob Roy Drainage District, Yorkville Bristol Sanitary District, Bristol Kendall Fire District, the United CITY of Yorkville Park Board, Plano Community School District No. 88, and Yorkville Community Unit School District 115. The CITY further agrees to reasonably cooperate with OWNER in obtaining all permits and approvals required by the applicable sanitary district, the County of Kendall and all other governmental units in connection with the contemplated development of the PROPERTY or any Phase thereof. OWNER may proceed with grading and installation of public improvements after CITY's approval of final engineering or other documentation called for hereunder and with the construction of homes prior to the issuance of access permits or other permits required for the development by Illinois Department of Transportation (111130V% so long as such access permits have been applied for, and the CITY shall not delay the processing or approval of such engineering or documentation or the issuance of building permits for the reason that IDOT permit(s) have not yet been issued. Further and notwithstanding the CITY Codes and ordinances to the contrary, the CITY staff and consultants, including architects and engineers, shall respond to submittal of plans from OWNER within forty-five (45) days of submittal to the CITY. Re-submittals by OWNER shall be reviewed within fourteen (14) days of submittal to the CITY. No new issues will be raised by CITY staff and consultants on subsequent reviews of resubmitted plans. 36. ADDRESSES. Within thirty (30) days after the final plat of subdivision for any phase of the Residential Parcels is approved, CITY will provide OWNER with the addresses of all lots within that phase for the purpose of expediting the process of obtaining utility installations by the applicable utility company or companies. 37. SUBSEQUENT AMENDMENTS. It is understood and agreed that subsequent amendments of this Agreement, may be obtained solely by the owner of any portion or Phase of the PROPERTY, and the CITY as to such portion or Phase, without any action or approval of the owners of other portions of the PROPERTY if such amendments do not include the PROPERTY or affect duties or obligations of the owners of the balance of the PROPERTY. Special Uses, Rezonings, Variations, or an amendment of the Planned Development may be applied for and processed by the CITY without requiring an amendment of this Agreement. 38. "RIGHT TO FARM" LANGUAGE. The OWNER of the PROPERTY acknowledges that Kendall County has a long, rich tradition in agriculture and respects the role that fanning continues to play in shaping the economic viability of the county, and that normal agricultural practices may result in occasional smells, dust, sights, noise and unique hours of operation that are not typical in other zoning areas. The OWNER of the property agrees to incorporate the "Right to Farm" language on the Final Plat of Subdivision and incorporate similar language within such other documents governing the subdivision if any property adjacent thereto is used or operated as a farm. 22 RCK revisions on 6/11/08 To City — clean version 39. RESPONSIBILITIES OF OWNER. The OWNER shall not be required to perform any development obligations under this Agreement so long as OWNER is a passive title holder in the PROPERTY and does not act as a developer. Upon the transfer of OWNER's rights, title or interest in the Residential Parcels, Commercial Parcels, or any portion thereof to a developer, the covenants and obligations of OWNER hereunder as to such portion shall be performed by developer. Upon the transfer of OWNER' rights, title and interest in the Commercial Parcels or any portion thereof to the commercial developer, then the obligations of OWNER hereunder as to such portion shall be performed by the commercial developer. Until such time as any portion of the Residential Parcels or the Commercial Parcels is transferred to a developer or the commercial developer, the obligations hereunder as to such portion shall not be required to be performed by developer, as the case may be. The CITY agrees that the OWNER is exculpated from any personal liability or obligation to perform the commitments and obligations set forth herein as to any phase of the PROPERTY for which they do not act as developer and that the CITY will look solely to the party who develops such phase for such performance. 40. OWNER'S CONTINUED OPERATIONS. OWNER shall be permitted to continue the operation of a farm upon all or any part of the PROPERTY as a farm until each such part is developed pursuant to this Agreement. CITY agrees that during the pendency of any such operations, no municipal sales tax shall be sought or collected by CITY from OWNER for any sales of farm produce from or upon the PROPERTY. 41, GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER and its successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNER, and the CITY. The obligations of OWNER hereunder with respect to the Commercial Parcels shall be binding on and inure to the benefit of any commercial developer of the Commercial Parcels. The obligations of OWNER hereunder with respect to the Residential Parcels shall be binding on and inure to the benefit of any residential developer of the Residential Parcels. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER hereunder shall not be deemed transferred to or assumed by any purchaser of a empty lot or a lot improved with a dwelling unit in the Residential Parcels who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. All Terms and Conditions Contained Herein. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, 23 RCK revisions on 6/11 /08 To City — clean version reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: (1) If to OWNER: LaSalle National Trust, as T/U/T # 47016 c/o Drew Daniels Director of Development Sexton Companies 4415 W. Harrison Street Suite 535 Hillside IL 60162-1900 Tele: (708) 449- 1250 Fax: (708) 449-0177 with a copy to: Schain, Burney, Ross & Citron, Ltd 222 N. LaSalle Street, Suite 1910 Chicago, IL 60601 Tele: (312) 332-0200 Fax: (312) 332-4514 Attn: Robert C. Kenny (2) If to CITY: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Tele: (630) 553-4350 Fax: (630) 553-7575 Attn: City Clerk with a copy to: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Tele: (630) 553-4350 Fax: (630) 553-7575 Attn: City Attorney or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 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 and OWNER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the PROPERTY. 24 RCK revisions on 6/11/08 To City — clean version F. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the CITY Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the PROPERTY not affected by such Agreement. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER to sell or convey all or any portion of the PROPERTY, whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER, and their successors or assigns, to develop the PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and CITY Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty (20) years from the date of execution of this Agreement. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and OWNER. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNEWs expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the final plat of any Phase of the Project. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, Yorkville-Bristol Sanitary District, or any other governmental agency that preempts the authority of the United CITY of Yorkville. O. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. 25 RCK revisions on 6/11 /08 To City — clean version P. Legal Challenges. If for any reason and at any time, the annexation of the PROPERTY to the CITY is legally challenged by any person or entity by an action at law or in equity, the CITY shall: (i) cooperate with OWNER in the vigorous defense of such action through all proceedings, including any appeals; and (ii) take such other actions as may then or thereafter be possible pursuant to the Illinois Municipal Code to annex the PROPERTY and/or other properties to the CITY so that the annexation of the PROPERTY to the CITY can be sustained and/or effected. Q. Major and Minor Modifications. The PROPERTY shall be developed in substantial compliance with the Final Plans and this Agreement. Changes to the Concept and Preliminary Planned Unit Development plans hereafter requested shall be evaluated and processed according to Section 10-13-5 .1-1 and 10- 13 .6 G, respectively, of the Planned Unit Development section of the CITY Zoning Ordinance. R. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the PROPERTY, the CITY and OWNER, including, but not limited to, county, state or federal regulatory bodies. [THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK] [SIGNATURES APPEAR ON THE NEXT PAGE] 26 RCK revisions on 6/11/08 To City — clean version IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNER: LASALLE NATIONAL TRUST, as Trustee under Trust # 47016 dated December 1, 1973 By: Its: CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: Its: Mayor ATTEST: By: Its: RCK/Sexton-YorIM11e606-11-08-Sexton-Annexation-Agent 27 LIST OF EXHIBITS EXHIBIT A-1 LEGAL DESCRIPTION OF PROPERTY EXHIBIT A-2 PLAT OF ANNEXATION EXHIBIT B CONCEPT PUD PLAN EXHIBIT C COMMUNITY GUIDELINES FROM APPEARANCE CODE EXHIBIT D DEVELOPMENT AREA PLAN EXHIBIT E FOX HILL SEWER RECAPTURE AREA EXHIBIT F APPLICABLE MUNICIPAL CODES: Zoning and Subdivision Codes in effect as of the date of this Agreement EXHIBIT G FEE SCHEDULE EXHIBIT H SYCAMORE ROAD INTERSECTION AGREEMENT EXHIBIT I CROSS SECTION FOR TEMPORARY DRIVEWAY EXHIBIT J LAND CASH CONTRIBUTION TABLE EXHIBIT K MEMORANDUM FROM THE CITY PARK BOARD, LAURA HAAKE, TO JOSEPH DUFFY DATED MARCH 7, 2008 EXHIBIT L RECAPTURE AGREEMENT EXHIBIT M WETLAND AND STORMWATER REPORT EXHIBIT A ROB ROY FALLS LEGAL DESCRIPTION PARCEL ONE THAT PART OF THE SOUTH 1/2 OF SECTION 19 AND THE NORTH 1/2 OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 19; THENCE SOUTH 00' 48' 07" EAST ALONG THE QUARTER LINE 257.40 FEET; THENCE NORTH 83° 55' 03" WEST 1944.30 FEET TO A POINT WHICH IS 1930.58 FEET SOUTH 880 28' 32" WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 880 28' 32" WEST ALONG SAID NORTH LINE 204.60 FEET; THENCE SOUTH 02° 08' 40" WEST 2489.33 FEET TO THE PRESENT CENTER LINE OF U. S. HIGHWAY NO. 34; THENCE EASTERLY ALONG SAID CENTER LINE 2001.79 FEET TO A POINT ON SAID CENTER LINE WHICH IS NORTH 84° 54' 42" WEST FROM THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 30 (AS MEASURED ALONG THE CENTER LINE OF SAID U. S. HIGHWAY NO. 34); THENCE NORTH 05° 05' 18" EAST AT RIGHT ANGLES TO SAID CENTER LINE 231.00 FEET; THENCE SOUTH 84° 54' 42" EAST PARALLEL WITH SAID CENTER LINE 565.71 FEET; THENCE SOUTH 050 05' 18" WEST AT RIGHT ANGLES TO SAID CENTER LINE 231.00 FEET TO SAID CENTER LINE; THENCE SOUTH 84° 54' 42" EAST ALONG SAID CENTER LINE 2370.99 FEET TO THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 30; THENCE NORTH 00° 39' 04" WEST ALONG SAID EAST LINE 429.15 FEETTO THE NORTHEAST CORNER OF SAID SECTION 30; THENCE NORTH 00° 39' 04" WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19, 301.20 FEET; THENCE SOUTH 89° 20' 56" WEST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 227.23 FEET; THENCE NORTH 150 08' 07" WEST 2403.75 FEETTO A POINT ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF SECTION 19 WHICH IS 1826.22 FEET NORTH 880 28' 32" EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 880 28' 32" WEST ALONG SAID NORTH LINE, 1826.22 FEET TO THE POINT OF BEGINNING; IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. PARCEL 2 THAT PART OF THE SOUTH 1/2 OF SECTION 19 AND THE NORTH 1/2 OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF STATE ROUTE 34 AND THE EAST LINE OF SAID SECTION 30; THENCE WESTERLY ALONG THE CENTER LINE OF SAID ROUTE 34, 2370.99 FEET FOR THE POINT OF BEGINNING; THENCE NORTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 231 FEET; THENCE WESTERLY PARALLEL TO THE CENTER LINE OF STATE ROUTE 34, 565.71 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 231 FEET TO THE CENTER LINE OF SAID ROUTE 34; THENCE EASTERLY ALONG THE CENTER LINE OF SAID ROUTE 34, 565.71 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. PLAT OF ANNEXATION TO THE CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS II, 19 19 - P 19 18 . :H sW e>x°n Ey S 8x53'31" Of 182622' - - - - 19 2 a FQ 1a ° $ 83'31" BE 204.60_ 1930.58 A, ' P.O.B 19P N B4°30'05" % 1944.33' GRAPHIC SCALE Ca N h m PEST ) W N l fish > zHm TO J Ord nn Q O � E p < 00 op 0 U U �� 1 DfscrelPnoN: PARES .Z m THAT PART OF EYE SOUTH 1/2 OF SECTION 19 AND THE NORTH 1/2 OF SECTION 30, TOWNSHIP 37 NORM, RANGE ] EAST OF ME THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE �_ CENTER OF SAID SECTOR DO THENCE SOUTH Ol' 21' 35" EAST Z� (�. ^ \V\ ` N ( I (ASSUMED BEARING) ALONG THE QUARTER SECTOR LINE 257.40 FEET; b r THENCE NORTH 84 30' 05" WEST 1944.33 FEET TO A POINT ON THE U I NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 19 WHICH h 1 IS 1930.58 FEET SOUTH 87' 53' 31" WEST FROM THE POINT OF n BEGINNING; THENCE SOUTH 87' 53' 31" WEST ALONG SAID NORTH LINE Ha N 204.60 FEET: THENCE SOUTH 01' 35' 18" WEST 2439.23 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF LL S. HIGHWAY NO. 34; THENCE S EASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE. ON A CURVE TO THE RIGHT HAVING A RADIUS OF 38,247 20 FEET AND CENTRAL °y ANGLE OF O1' 01' 27 AN ARC DISTANCE OF 683.67 FEET; THENCE - NORM 85' 00' 39" EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE. :> 83.50 FEET; THENCE SOUTH 84' 12' 18" EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE, 164.04 FEET:THENCE SOUTH 73' 25' 30 EAST o ALONG SAID NORTHERLY RIGHT OF WAY LINE, 83.49 FEET; THENCE IS �a� SOUTH 84' 12' IS EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE, NER V m� 65.58 FEET; THENCE EASTERLY ALONG SAID NORTHERLY RIGHT OF WAY 1 LINE, ON A CURVE TO THE LEFT HAVING A RADIUS OF 34.327.48 FEET AO y AND CENTRAI. ANGLE OF OI' 17 00', AN ARC DISTANCE OF 768 88 FEET; THENCE SOUTH 85' 29' 18" EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE 3090.81 FEET TO THE EAST END OF THE NORTHEAST 1/4 f OF SAID SECTION 30; THENCE NORTH 01' 13' 34" WEST ALONG SAID , G EAST LINE 378.94 FEET TO THE NORTHEAST CORNER OF SAID SECTION 0 30; THENCE NORTH 01' 13' 34" WEST ALONG ME EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19. 310.20 FEET; THENCE SOUTH 80' 1 46' 26" WEST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE. `V 198.00 FEET; THENCE NORTH 16' 23' 15" WEST 241775 FEET TO A 1 POINT ON THE NORTH LINE OF SAID SOUTHEAST 114 MICH IS 1826.22 g FEET EASTERLY FROM THE POINT OF BEGINNING. THENCE SOUTH 87' 53' ' 31° WEST ALONG SAID NORTH LINE, 1826.22 FEET TO THE POINT OF SO 1 BEGINNING IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. b O N VS O y O v e y I m m wi I AR AW m ! a I ch 0 O Sa 0 m e N ry o L-6B3.so• '—� - �R=1624�.z 2 y --_� z_pee.ea — — — — — — 1920 N. LINE RTE. 34 m ;RaGizap ax 39 CITY 3._99.8x' ° CORPORATE RLIMITS e e 0111 — — — ^Z/ o e o STATE OF ILLINOIS ) 2� COUNTY OF KENDALL) STATE OF IOU NOIS ) S1AlE OF ILLINOIS ) STATE OF ILLW015 ) THE ANNEXED PROPERTY DESCRIED HEREON IS IOENRRED AS MAY INCgtPORA1E0 AND MADE A ) ) COUNTY OF KENDALL) SS PART ID ME ON E PLENITUDE------ BY ORDINANCE N0. AOGPhD RT ME L. 200 COUNTY OF KENDALL) COUNTY BE KENDALL) ROB ROY FALLS OFT O CITY CI WE _______ OAT RD ____ 0.0.. 20IL APPROVED BY WE QTY ADMINISTRATOR OF ME MIRE CITY OF YORKNLLE MIS APPROVED BY ME GTY ENGINEER OF ME UNITED GTr OF YQRKNLLE FIVE _______ DAY THIS IS TO CURTLY THAT NE, C M. UVQE & ASSOCIATES, HAW PREPARED THIS PLAT, WHICH IS U5. FOGYISM _ OAT OF AD. 2001, OF A p pp07 AN ACCURATE MAP OF THE PROPERTY DESCRIBED HEREON. FOR ME PURPOSES W ANNEXATION YORKVILLE, KENDALL CO., IL -- TO ME GTY OF COMES. ILLINOIS. ALL DIMENSIONS SHOWN ARE IN MET AND DECIMALS ONE ATTEST : _ BY : __ MFREDF. PLAT OFANNEXATION DRAWN CALE: x=207 DATE:KE034s2B01 Ra CLERK MAYOR OWN ORDER MY HAND AND SEAL AT PIAINFIETD, ILLINOIS, MIS ]M DAY OF MARCH, AD., 2007, JOB NUMBER: SHEET: co.:m6 c1a En '..em ROM OF 1 Citt ADMINISTRATOR CHIT ENGINEER ® e Laod Pl'ennln & 8uem in COMP Ll P K Y 6 / DATE LICENCE R. BURGESS EPLS. N11 35-3131 IROd. I m,N 126 ROSE COUP UxiiS k IEGeL OC p. an,2W] C M 1 e& d 1 1 LICENSE EXPIRES/RENEWS BY: II-30-08 PF " F W Olinoie G544 1 Ga an plans n q 1a R 0 P Ch 1 IT OF E tlS " lies " 815-254-0555 3 tl W. wvl NYF GM. - 01 rvy - M h 9 p d Mued C . M . Lavoie 815J36515H 4 an Hh ba Ut EB d0 LI - . AY f� . pl i ITgJe till M La oie and rpvilI inmmfI wYan111rtpSMhEI1i11A ..and I'hd 'n(bete plans. m uu vialti...l NC EngI^ev'lxc.pytlghm(iM1CSe planx Intl ix pmbiM1lled. v. Me. EMERGENCY R 0 B R 0 Y F A L L S ACCESS o LEGEND OUTL1'� PRIMARY DRIVE FLOODPLAIN SECO NDARY DRIVE (ROBROYCREEK) ;+ ACCESS �� SERVICE DRIVE RESIDENTIAL r'J RESIDENTIAL (SENIOR) (ROB ROY CLUB) `�` a/RESIDENTIAL OF PEN SP ACE FOR ACCESS +/-72 ACRES (R-3) +/-71 ACRES (R-4) �Q +/-52% Total Units:210-310-4 units/acre Total Units:298A16-5.5units/acre ° (INCLUDES+i_20 ACRES OF PARK! EMERGENCY D R-3 Max.Density: 5 units/acre ❑ ty R4 Max.Density: 8 units/acre ❑ RECMMERCI LL FROM ACCESS ^ coNU.�ItcuL AREA) Lo • ■ E) COM. ® O ACCESS ■ ■ r • xxxxxxxxxxxnU -0x ®® x x x x x x x x x x x x x x x ■ ■ ■ x ANCHOR ANCHOR x x x x ■ COMMERCIAL ■ COMMERCIAL ■ COMMERCIAL 0 : COM. FUTURE ® OUTLOTS 0 00000000000000 0000000000000 �Q(rafRYAC ESE ■ O O ■ O O ■ O O ANCHOR COM. � ■ O COM. ® ELOODPLAIN O O O O PARKING O ACCESS D 0 • (ROB ROY CREEK) OO O O o 0 0 TOTAL COMMERCIAL 0 0 0 O COM. 0 O 00 0 0 0 ALONG US ROUTE 34: o COM. ® O o 0 0 0 0 0 0 00 0 00 0 +/- 130 ACRES -(B-3) 00 o COM. off 0000000 000 0000 0 COM. COM. LIFESTYLE 0 0 0 00 0 0 00 O CENTER O LIFESTYLE ■ 0 CENTER COM. ■ COMMERCIAL a0 °° aE ACCESS ACCESS (Traffic Signal u s R O 0 U T E : OUTLOTS 34 O IN ACCESS VETERAN ' S P ❑ l A R K W a r (Traffic Signa ° PRIMARY ACCESS (Traffic Signal ACCESS (Traffic Signal ACCESS . PREPAMD BY. CONSULTNBCexcRVEEC¢. DBPEOPEDBrr CONCEPT PLAN SCALE: t" = 400' V r Revisions ROLF C.CAMPBELL&ASSOCIATES,INC. C.M.LAVOIE&ASSOCIATES,INC. ROB B R 0 Y FALLS 101 Waukegan Rd.-Suite 1000 1050 West Route 126 SEXTON&ASSOCIATES �. Lake Bluff, Illinois 60044 Plainfield,Mineis HILLSIDE, ILLINOIS NW CORNER-U.S.ROUTE 34&BEECHER RD. PHONE:(847)735-IWD FAX:(847)735-1010 PHONE:(815)2540505 FAX-(915)436-5158 Y O R K V I L L E , ILLINOIS 0 200' 400' 809 M A Y 2 3 , 2 0 0 7 EXHIBIT I - CROSS SECTION FOR TEMPORARY DRIVEWAY \ O O O 8.00 AC \ O PARCEL \ 25' WIDE TEMPORARY \ ❑ DRIVEWAY (SEE OO SECTION BELOW) \\ SCALE 1 "=300 ' O JUNE 11 , 2008 \ FUTURE ROADWAY \ IMPROVEMENTS CE \ b \ \ MEET END OF \ \ BEECHER ROAD \ IMPROVEMENTS \ 1 1. BITUMINOUS BINDER COURSE, 4 1/2" 2. PRIME COAT (0.30 GAL/SY) 2 3. COMPACTED AGGREGATE, TY B BASE COURSE, 12" (CA-6) 4. GEOTECHNICAL FABRIC FOR SOIL STABILIZATION 5. APPROVED SUBGRADE NOTES: ` 1. SEE SOILS REPORT FOR INFORMATION REGARDING PAVEMENT SECTION. IF SOILS REPORT IS MORE STRINGENT, USE THAT SECTION. 2. ALL COMPACTION SHALL BE 95% MAXIMUM DRY DENSITY, AS DETERMINED BY MODIFIED PROCTOR TEST, ASTM D1557. 3 C.M. Lavoie & Associates, Inc. 4 ConsaRing Civil Engineering Land Planning & Surveying 5 1050 State Route 126 Plainfield Illinois 60544 voice 815-254-0505 TYPICAL PAVEMENT SECTION fux 815-436-5158 Memorandum EST 1836 To: Joseph Duffy 1 , From: Laura Haake, City Park Designer O� W y CC: Dave Mogle, Travis Miller, Annette Williams _�J � �O Date: March 7, 2008 <<E V O Subject: Rob Roy Falls Conceptual Design I have reviewed the illustrative example diagram for Rob Roy Falls dated June 18, 2007 with latest revisions of December 21 , 2007, and have prepared the following comments: General Comments: 1 ) A trail shall be shown on the west side of Beecher Road, running the entire length of the property. 2) Trail links shall be provided to Cobblestone North commercial development for retail access and connection to the Eldamain Trail from the Senior Community. 3) At the northeast Outlot, the trail connection running east-west shall continue to Beecher Road. 4) An additional connection to the commercial area shall be provided from the Beecher Road trail. 5) When the plan is developed in more detail, pedestrian connections are required at all lighted intersections to allow access from the main east-west trail on the south side of Route 34. 6) The creek shall be shown in a more natural meandering state, as de-channelization and naturalization of the creek will be required as part of the habitat restoration. The creek floodplain will be required to be restored to its natural state. 7) During preliminary site engineering, the possibility for a grade-separated trail crossing for the Rob Roy Creek Trail link should be explored for Route 34. 8) A cross-section detail shall be provided for verification that the trail is located outside of the Rob Roy Creek floodplain. EXHIBIT "I" RECAPTURE AGREEMENT THIS RECAPTURE AGREEMENT ("Agreement") is made and entered as of the day of 2008, by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation ("CITY") and LASALLE NATIONAL TRUST, as Trustee under Trust # 47016, dated December 1 , 1973, an Illinois corporation ("Owner"). RECITALS: A. Owner is the owner of that certain real estate development located within the corporate limits of the CITY and commonly known as Rob Roy Falls Development ("Project"). B. Owner and the CITY have heretofore entered into that certain Annexation Agreement dated , 2008 ("Annexation Agreement') pertaining to the annexation and development of the Project within the CITY. C . Owner desires to recapture an allocable share of the costs of constructing certain of the public improvements for the Project ('Recapture Items") which will provide benefit to other properties ('Benefited Properties"), from the owners of the Benefited Properties ('Benefited Owners"). D. Owner and the CITY are desirous of entering into this Agreement to provide for the fair and allocable recapture by Owner of the proportionate costs of the Recapture Items from the Benefited Owners, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the parties hereby agree as follows: I . RECAPTURE ITEMS. The Recapture Items, being elements of the public improvements to be constructed as a part of the development of the Project, are identified in Attachment "A" attached hereto ('Recapture Schedule"). The Recapture Schedule identifies each Recapture Item and the estimated cost to construct each Recapture Item ('Estimated Cost'). Owner shall cause each of the Recapture Items to be constructed in compliance with the provisions of the Annexation Agreement and to be accepted and conveyed to the CITY in accordance with applicable ordinances of the CITY. 2. BENEFITED PROPERTIES. The Benefited Properties are legally described in the Recapture Schedule attached hereto as Attachment 'B". Each parcel of real estate contained within the Benefited Properties is referred to herein individually as a 'Benefited Parcel". There are a total of Benefited Parcels as identified in the Recapture Schedule. 3, RECAPTURE COSTS. The Recapture Item(s) which the Corporate Authorities of the CITY have determined will benefit a Benefited Parcel and the prorata share of the Estimated Cost of each such Recapture Item to be allocated to such Benefited Parcel are set forth in the Recapture Schedule. The aggregate amount of the proportionate share of the Estimated Cost for each of the Recapture Items allocable to a Benefited Parcel is referred to herein as the 'Recaptured Costs". The Recapture Costs for each of the Benefited Parcels shall be as identified in the Recapture Schedule. Compound Interest shall accrue on the Recapture Costs for the benefit of Owner at the rate of six percent (6%) per annum from the date the Recapture Item is completed by Owner until the Recapture Cost is paid. All references to Recapture Costs herein shall include accrued interest owned thereon. I 4. COLLECTION OF RECAPTURE COSTS. The CITY shall assess against and collect from the Benefited Owner of a Benefited Parcel, or any portion thereof, successors and assigns, the Recapture Cost, calculated under Paragraph 3 of this Agreement for such Benefited Parcel. At such time as a Benefited Owner, or its agent or representative, annexes and/or subdivides a Benefited Parcel, or any portion thereof, or subdivides the Benefited Parcel from a larger parcel of land, or applies to the CITY for issuance of a permit for connection to all or any of the Recapture Item by the CITY until such Benefited Parcel has fully paid the applicable Recapture Costs, owed by such Benefited Parcel under this Agreement. 5. PAYMENT OF RECAPTURE COSTS. Any Recapture Costs, collected by the CITY pursuant to this Agreement shall be paid to Owner, or such other person or entity as Owner may direct by written notice to the CITY, within thirty (30) days following collection thereof by the CITY. It is understood and agreed that the CITY's obligation to reimburse Owner shall be limited to funds collected from the Benefited Owners as provided herein, and payments made hereunder shall be made solely out of said funds. This Agreement shall not be construed as creating any obligation upon the CITY to make payments from its general corporate funds or revenue. 6. CITY'S OBLIGATION. The CITY and its officers, employees and agents shall make all reasonable efforts to make the aforesaid collections of the Recapture Costs, for each Benefited Parcel. Neither the CITY nor any of its officials shall be liable in any manner for the failure to make such collections, and Owner agrees to hold the CITY, its officers, employees and agents, harmless from the failure to collect said fees. In any event, however, Owner and/or the CITY may sue any Benefited Owner owing any Recapture Costs, hereunder for collection thereof, and in the event Owner initiates a collection lawsuit, the CITY agrees to cooperate in Owner's collection attempts hereunder by allowing full and free access to the CITY's books and records pertaining to the subdivision and/or development of the Benefited Parcel and the collection of any Recapture Costs therefore. In the event the CITY and any of its agents, officers or employees is made a party defendant in any litigation rising out of or resulting from this Agreement, Owner shall defend such litigation, including the interest of the CITY, and shall further release and hold the CITY harmless from any judgment entered against Owner and/or the CITY and shall further indemnify the CITY from any loss resulting therefrom, except to the extent such loss results from the grossly negligent or willfully wrongful act or conduct of the CITY or any of its agents, officers or employees. 7. CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in this Agreement shall limit or in any way affect the rights of the CITY to collect other fees and charges pursuant to CITY ordinances, resolutions, motions and policies. In the event the CITY approves a lower fee on any aspect of this Project to any other developer of any other development project in the CITY during the term of this Agreement, then OWNER shall be entitled to pay the lower fee pursuant to this PROJECT. The Recapture Costs provided for herein for each Benefited Parcel is in addition to such other CITY fees and charges. 8. TERM. This Agreement shall remain in full force and effect for a period of twenty (20) years from the date hereof, unless sooner terminated by the mutual agreement of the parties hereto or by the completion of all duties to be performed hereunder. In the event no portion of a Benefited Parcel is a part of a subdivision approved or recognized by the CITY and no connection permit as aforesaid is issued by the CITY of such Benefit Parcel within ten years following the date of this Agreement, this Agreement, and each and every duty and undertaking set forth herein pertaining to such Benefited Parcel, shall become null and void and of no further force and effect as to such Benefited Parcel. 2 9. LIEN. The recordation of this Agreement against the Benefited Properties shall create and constitute a lien against each Benefited Parcel, and each subdivided lot hereafter contained therein, in the amount of the Recapture Costs, plus interest, applicable hereunder to such Benefited Parcel. 10. MISCELLANEOUS PROVISIONS. A. Agreement: This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements and without the consent of any other person or corporation owning all or any portion of the Benefited Properties. B. Binding Effect: Except as otherwise herein provided, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Owner and any successor municipal corporation of the CITY. C. Enforcement: Each party to this Agreement, and their respective successors and assigns, may either in law or in equity, by suit, action, mandamus, or other proceeding in force and compel performance of this Agreement. D. Recordation: A true and correct copy of this Agreement shall be recorded, at Owner's expense, with the Kendall County Recorder's office. This Agreement shall constitute a covenant running with the land and shall be binding upon the Benefited Properties in accordance with the terms and provisions set forth herein. E. Notices: Any notice required or desired to be given under this Agreement, unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery, on the date of confirmed telefacsimile transmission provided a hard copy of such notice is deposited in the U.S. mail addressed to the recipient within twenty-four hours following the telefacsimile transmission, or on the date when deposited in the U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: If to CITY: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Tele: (630) 553-4350 Fax: (630) 553-7575 Attn: City Clerk with a copy to: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Tele: (630) 553-4350 Fax: (630) 553-8330 Attn: City Attorney 3 If to OWNER: Sexton Companies 4415 W. Harrison Street Suite 535 Hillside IL 60162-1900 Tele: (708) 449- 1250 Fax: (708) 449-0177 Attn: Drew Daniels Director of Development with copy to: Schain, Burney, Ross & Citron, Ltd 222 N. LaSalle Street, Suite 1910 Chicago, IL 60601 Tele: (312) 332-0200 Fax: (312) 332-4514 Attn: Robert C. Kenny Attorney for Owner F. Severability. The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefited Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. G. Complete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto an no other prior agreement, excepting the Annexation Agreement, regarding the subject matter of this Agreement shall be deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. H. Captions and Paragraph Headings: Captions and paragraph headings incorporated herein are for the convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof. I. Recitals and Exhibits: The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof. J. Enforceability: This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. 4 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the date first above written. OWNER: LASALLE NATIONAL TRUST, as Trustee under Trust # 47016 dated December 1, 1973 By: Its: CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: Its: Mayor ATTEST: By: Its: 5 TABLE OF CONTENTS PAGE LEGALCONFORMANCE WITH LAW ............. .............. ............. ............._.................................. ...._.....3 EXISTINGAGRICULTURAL USE ........................ ._.......----.............................._ ............................ _...._.......3 ANNEXATIONAND ZONING ..........---...-.......................... ..........................................................-A CONCEPTPLAN........................................................................................................................................................3 PRELIMINARY AND FINAL PUD PLATS ............ ............................................................._.......... ._.............5 DEPARTURESFROM LOCAL CODES .................... .................................................................... ._........_..........5 SPECIAL USE REQUESTS/LIQUOR LICENSES .................. ........ ................. ........................ 5 UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS ...__............................. ............_.........................6 POTABLE WATER SUPPLY, SANITARY SEWER AND RECAPTURE ._................................................ ......6 A. Water..............................................................................................................................................................6 B. Sanitary Sewer...............................................................................................................................................6 C. Recapture .................... ......................... ...............--........... ...... ..................--.... ... .........6 1 . Fox Hill Water Main Recapture..............................................................................................................6 2. Fox Hill Sanitary Sewer Re capture.................................................................................... ....................7 SECURITYINSTRUMENTS ....................................................................................................................................7 A. Posting Security ................................ ....... ....... ............._........... ..........._--.........---7 B. Acceptance of Underground Improvements and Public Streets ................................ ...............--.......8 C. Acceptance of Other Public Improvements ......---....................................................................................8 D. Transfer and Substitutiom.................. ..._._.............................................................................._.................8 AMENDMENTSTO ORDINANCES ...................._......_...._.................................................................._............_.8 BUILDING CODE; BUILDING PERMITS .............................................................................................................9 FUTURE FINAL PLATS AND FINAL ENGINEERING ............................................... .......... ._.........................9 FEESAND CHARGES....... ._........................---.......................................... ... ._..... ............... .............................9 CONTRIBUTIONS ...................................................................................................................................................10 A. Perimeter and Off-Site Road Improvements ............................................................................................10 B. Beecher Road Improvements ...................................... ................................................... ......... 10 C. Fire Department Contribution..................................._....._....._................................................_.............. 10 D. CITY Land Contribution ........................................................................................................................... 10 E. Time of Transfer of Title to 3.4 Acre Parcel ..... ....... ............................. ..................... ...... .._................ I 1 F. Right of Way Dedications ........................................................................................................................... I1 SCHOOLAND PARK DONATIONS ..................................................................................................................... 11 REGIONAL TRAIL ALONG ROUTE 34 AND ROB ROY CREEK... ... ._....... ....... __.._.......................... ] 1 PROJECT SIGNS............................................----......................................................... ..._----.......................... 71 MODEL HOMES, PRODUCTION UNITS AND SALES TRAILERS................... ................................. 11 CONTRACTORS' TRAILERS........................................................ ........ .................. _.._................................... .12 CERTIFICATESOF OCCUPANCY .....---.......................................... .._....... _.................................. ........ ..... 13 LIMITATIONS..........................................................................................................................................................14 A. Benefiting the PROPERTY ................................ ...... ......--.......................................................... ...........14 B. Encumbering the PROPERTY .................................................................................................................. 14 COMMENCEMENTOF IMPROVEMENTS......................... ...... ...... ._...__..._..................................---......... 14 COVENANTS....._._................._........_................................._..................... ........... 15 HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA (DSSA)........ ._................ 15 A. Homeowners Association ............................................................................................................................T5 B. Dormant Special Service Area ................................................................................................................... 15 ON-SITE EASEMENTS AND IMPROVEMENTS ...............................................................................................16 WETLANDS AND STORMWATER DETENTION ............................................................................................. 16 ROUTE34 CURB CUTS .......................................................................................................................................... 16 BEECHERROAD CURB CUTS ............. ..........................._._..... ......................................... ....... 17 CONFLICTIN REGULATIONS ............................ ....... ....................................................... _.............................17 ECONOMIC INCENTIVE AGREEMENT............................................................................................................ 17 i ESTABLISHMENT OF SPECIAL SERVICE AREA AS FUNDING MECHANISM FOR INSTALLATION OFPUBLIC IMPROVEMENTS ....... .......-.............-.... ...---....... ............................... .......... .......................J3 BUSINESSDISTRICT............. _........................... ................................................... _---..........----..................... 19 A. Qualification of District .............................................................................................................................. 19 B. Amount of Business District Tax................................................................................................................ 19 C. Priority of Payments ............................ _---.................... .......................... ...... ........ ................................ 19 D. Creation of Business District ......................._..... ....... ._......................................_.__._............._....._......20 CITYASSISTANCE .................................................................................................................................................20 ADDRESSES..............................................................................................................................................................20 SUBSEQUENTAMENDMENTS ................... ._.....................................................................................................20 RIGHTTO FARM" LANGUAGE..........................................................................................................................20 RESPONSIBILITIESOF OWNER.........................................................................................................................21 OWNER'S CONTINUED OPERATIONS........... ..........................................................................................21 GENERALPROVISIONS....................................... .............................................................. .................................21 A. Enforcement.................................................................................................................................................21 B. Successors and Assigns ..........................................................................................................................._.2] C. All Terms and Conditions Contained Here in .......................... ..................................................... ...._.._21 D. Notices ..........................................................................................................................................................22 E. Severability ..................................................................................................................................................22 F. Agreeme nt.................... .............................. ...........----..........---... ...................................................... G. Conve yances...................................................._...._..........._._.....................................................................Y3 H. Necessary Ordinances and Resolut ions ................ ........... ._...................... .................... ......................... 3 I. Term of Agreement ........................................ ........................ ............. ...... ...-...--................. ............23 J. Captions and Paragraph Headings............................................................................................................23 K. Recording.....................................................................................................................................................23 L. Recitals and Exhibits...................................................................................................................................23 M. Counterparts................................................................................................................................................23 N. No Moratorium............................. ..................................................................................................... ...23 O. Time is of the Essence .................................................................................................................................23 P. Legal Challenges..........................................................................................................................................24 Q. Major and Minor Modifications ................................................... ......... .............. .......... ............A R. Exculpation ............................ ............................... ..................................................... ......24 ii July 1, 2008 City Staff revisions to 6/11 /08 version ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT THIS ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement'), is made and entered as of the _ day of , 2008 by and between LASALLE NATIONAL TRUST, as Trustee under Trust #47016 dated December 1, 1973 ("OWNER"), and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY") by and through its Mayor and Aldermen ("CORPORATE AUTHORITIES"). OWNER and the CITY are sometimes hereinafter referred to individually as a "PARTY" and collectively as the 'PARTIES". RECITALS: A. OWNER is the owner of record of certain parcels of real estate legally described on Exhibit "A-I" as shown on the Plat of Annexation, attached hereto as Exhibit "A-2" (hereinafter referred to as "PROPERTY"). Deleted: . OWNER intends to sell a B._zThe PROPERTY is currently contiguous with the existing corporate limits of the CITY , portion of the commercial acreage of the and is not within the bound of other CITY. - - - - - - PROPERTY and/or enter into ajoint `� any venture agreement with other developers with the intent of proceeding with C. OWNER intends to develop and/or sell and/or enter into ajoint venture agreement on the development of that portion of the PROPERTY conceptually planned for remaining portion of the Property conceptually planned for commercial purposes. commemial purposes. D. OWNER intends to develop and/or sell and/or enter into a joint venture agreement with the portions of the PROPERTY conceptually planned for residential purposes, as depicted on EXHIBIT ..B» E. OWNER desires to annex the PROPERTY to the CITY. F. OWNER requests a Planned Unit Development ("PUD") zoning designation on the PROPERTY for the purposes of developing residential and commercial uses ("DEVELOPMENT") on the PROPERTY. e r _ _ , _ _ - . - Deleted: f G. .. . . . OWNER desires to proceed with the DEVELOPMENT in accordance with the terms and_ Deleted: OWNERrequests andthe provisions of this Agreement and all applicable CITY Ordinances and Resolutions to the extent they do \ CITY agrees that the CITY'a not conflict with this Agreement Comprehensive Play shall be revised to P $T `, conform to the PUD wring approved by - . the CITY. -I. OWNER proposes to develop the PROPERTY in substantial conformance with the Deleted: a Conceptual PUD Plan attached as Exhibit "B" which contains a commercial component consisting of— Deleted: approximately one hundred thirty (130) acres, a residential mix use of senior living multi-family component consisting of approximately seventy-two (72) acres, and the "Rob Roy Club" component consisting of approximately seventy-one (71) acres. Deleted: J J. _ _ _ _ The CITY acknowledges preliminary and final PUT) for the PROPERTY may be_, modified from the Conceptual PUD as described by Zoning Ordinance Chapter 13. The CITYpgrees to_ ,. _ - Deleted: therefore waive the 10% ]imitation requirement of said Chapter regarding setbacks and height only, during the term_ _ _ . celetetl: me Pun ordinance of this Agreement.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Deleted: ) 1 July 1 , 2008 City Staff revisions to 6/11/08 version J. Subject_to_ OWNER complying with all municipal code requirements, which do not Deleted: x conflict with the terms of this Agreement, and securing preliminary and final PUD plat approval for the various phases of development of the PROPERTY at public meetings of the CITY'S Plan Commission and CITY Council, no further zoning approvals shall be required of OWNER as a prerequisite to the receipt by OWNER, or its assigns, of the permits necessary to allow the construction of dwelling units on any portion of the residential component or the construction of commercial uses on any portion of the commercial component. K. - All public hearings, as required by law, have been duly held by the ap ropri ate_ - - - Deletea: L hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a,public hearing regarding the requested Conceptual PUD Plan on July 11, 2007. The CITY_ ,_ - - Deleted: . Council conducted the public hearing on the annexation agreement on July 24, 2007 and July _, 2008. At such time as OWNER requests, subject to the terms of Section 33 and 34 of this_ .. - - Deleted: M Agreement, the CITY Council agrees to conduct the public hearings requimd for the creation of the Special Service Area District and the Business District respectively. I. The CITY and OWNER have rven all a ro riate notices due to be rven ursuant to { Deleted: N applicable provisions of the Illinois Compiled Statutes and the CITY Code. The Corporate Authorities, after due and careful_consideration, have concluded that the_ - - Deleted: o execution of this Annexation Agreement and the rezoning, subdivision and development of the PROPERTY, and the creation of the Special Service Area District and the Business District, if and when created, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. (i) . . . Each PARTY agrees that it is in the best interests of the OWNER and the CITY _ - - Deleted: R to arm ex an d develop the PROPERTY an a Planned Unit Development establishing a unique character through the provision of a mix of uses within a master planned community including commercial, residential neighborhoods and open spaces interspersed throughout the development and through the provision of an orderly flow of traffic within the development and to adjoining real property through widening of Route 34 contiguous to the PROPERTY, direct road connection with Kendall Marketplace shopping center, and extension of Beecher to the north xlrereby_ facilitafing roadway_ _ _ - Deleted: property line of the capacity improvements and connections to the City's roadway network. PROPERTY (ii) Each PARTY agrees that it is in the best interest of the local governmental bodies affected that the OWNER provide for development of the PROPERTY. (iii) The PROPERTY is contiguous to the corporate boundaries of the CITY. It is the desire of the CITY and the OWNER that the development and me- of the_ _ - oeteted: Q PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes, resolutions and regulations of the CITY, except as otherwise provided in this Agreement. 2 July 1 , 2008 City Staff revisions to 6/11/08 version NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the PARTIES hereto agree to enter into this Agreement and to supplement the Petitions for Zoning and Annexation with drawings submitted herewith, including the Conceptual PUD Plan, attached hereto as Exhibit "B" and agree that the annexation, zoning and Concept PUD Plan for the PROPERY shall be approved by the CITY Council upon the following terms and conditions and in consideration of the various agreements made between the parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. EXISTING AGRICULTURAL USE. The CITY agrees that the interim use of all or any portion of the PROPERTY as agricultural shall be permitted as legal non-conforming uses of the PROPERTY, subject to the limitation to growing crops and not livestock or composting, until such portions are approved as part of a Final Subdivision Plat and any building permits are issued within said subdivision plat. 3. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and rezone the PROPERTY as PUD in accordance with the provisions of this Agreement. The PARTIES recognize that during the life of the Annexation Agreement, it may be necessary for the OWNER of any portion, or all of the PROPERTY, to request zoning relief in the form of map amendments, text amendments, special uses and variations from time to time. The CITY agrees to process any such applications pursuant to the procedures set forth in the CITY Zoning Ordinance and not to require an amendment to this Annexation Agreement. The CITY further agrees that notwithstanding any policy or code amendment to the contrary either prior to or subsequent to the execution of this Agreement, the Planned Unit Development shall permit up to four (4) outlots on the PROPERTY to be occupied by a bank at any given time, an unlimited number of bank facilities that are provided ancillary to and internal to any larger tenant or retail space in the DEVELOPMENT, and not more than three (3) bank Deleted: March 14, 2009 facilities in the in-line portion of the DEVELOPMENT, provided said bank tenancies and outlots CommentlTMI]: Unit conomis based : ' combined do not constitute more than 15% of the PROPERTY or 19.5 acres, whichever is less. and said an a density of 3.63 units per =to(R 2 banks are located a minfin mr of 1000 feet from anv other bank on the PROPERTY, zoning maxvnam allowance)'. Deleted: three hundred ten 4. CONCEPT PLAN. In conjunction with the annexation of the PROPERTY and Deleted: 310 zoning the PROPERTY PUD, the CITY shall adopt an ordinance granting approval of the Conceptual Comment [TM27: Unit court isbased ". PUD Plan "Conce t Plan" in substantial conformance to the Concept Plan re prepared b Rolf C. % on a density of 5.8 units per core (R ( P ) P P y 2Duplex zoning maxonom allowance) Campbell & Associates, Inc. dated May 21 , 2007 with latest revision date of and attached hereto as Exhibit `B". The PUD consists of a mixed use of a variety of residential product types and a w`, , Deleted.: 544 variety of commercial uses. The Concept Plan depicts the general location of the residential and �' Deleted.: 50 commercial land uses. The exact boundaries shall be determined as part of the Preliminary and Final PUD �t , comment [nta]: An assisted Plans review and approval process. The commercial development area of the PUD is located north of the ,° or congregate care facrLtywonldbe a q; no1re51denLaUCnmOerctat use (not one in Route 34 frontage on the east and west sides of the Rob Roy Creek, and contains approximately one ,1d.• • whicb densities wouhd be calculated). hundred thirty (13 0) acres; the residential development area located west of the Rob Roy Creek and north a V,I This use should he included as an option of the commercial development area will consist of approximately seventy-two (72) acres with a ��a; ang ffi�`o redensities for the maximum of Nvo hundred sj2i one (261j kotal units attached residential_unitszor a maximum of 'four,"" calculated wing the rates ar0000. hundred seventeen (,4171 attached residential units, but only in the event that at least 100% of the J,' Deleted.: ; or in the event the seventy- residential units are limited to age-restricted occupanck and the Rob Roy Club_residential development.' - two (72) acres or portion thereof contains with a variety of non-equity residential product types (with right to convert to equity ownership), a senior care complex, including but not limited to assisted living or congregate including single family cluster housing, townhomes, duplexes and mid-rise buildings (not exceeding 4 care facility, the OWNER and CITY shall stories) is located east of the Rob Roy Creek, north of the commercial area, and on the west side of agree on a reasonable unit count given the product propose 3 July 1 , 2008 City Staff revisions to 6/11/08 version Beecher Road, and consists of approximately seventy-one (71 ) acres and a maximum of hree hundred_ - _ Deleted: four fifh -fwc Q55j total units. _ ... _ ... ... .. _ _ _ _ _ _ _ .. _ _ .. . .. .. ..... .. .. _ _ ... _ _ _ . ... ... . .. ..* _ _ Comment [TM4]: Unit count is based .. on a density of 5 units per acre (R-3 The DEVELOPMENT shall be in substantial consistency with the same architectural design zoning maxitn,ud allowance) ' standards as approved for the Kendall Marketplace Shopping Center and residential product (located Deleted: sixteen immediately east of the PROPERTY) as set forth below in greater detail. These design standards are in Deleted: 416 addition to the required standards of the CITY regulated by the CITY's Appearance Code (Title 8, Chapter 15). A. Single-Family Detached Residential Unit Design Standards: 1. Masonry products shall be incorporated on the front fagade* of 100% of the total units. 2. 100% of the front fagade* of each building shall incorporate masonry products*. A 10% reduction of the required masonry area will be given for each major architectural feature on the front fagade. 3. A minimum of 50% of each building elevation shall incorporate premium siding material*. 4. Primary structures shall be constructed upon either a basement or foundation — `slab' construction shall not be used. B. Single-Family Attached Residential Unit Design Standards. 1. Masonry products* shall be incorporated on the front fagade* of 100% of the total townhome buildings. 2. A minimum of 50% of the front fagade* of each building shall incorporate masonry products*. 3. A minimum of 50% of each building elevation shall incorporate premium siding materials*. C. Commercial Design Standards. 1. All `Guidelines' within the Appearance Code section `V Criteria For Appearance, 4. Non-Residential, b. Building Design, 1. Commercial, Office and Institutional Uses, b. Guidelines for unbuilt sites' (a copy of which is attached as Exhibit "C") shall be required applications. 2. Signage. I. All Gee standing monument signage, must include a 100% masonry Denotes term defined in Appearance Code (Ordinance 2005-51) 4 July 1 , 2008 City Staff revisions to 6/11/08 version product* base no less than the width of the sign area. Deleted: The CITY agrees to permit ER ... ... .. .. .. _ ._ _ . _ _ .. .. .. . ... ... _ ... . _ _. _. .. ... _. .. _ .. _ _ _ _ _ _ _ _ .. .. .. _. special signage for the PROPTY including nvo(2) pylon signs 29'4" in 3. Retail users shall be permitted fencing surrounding the outdoor sales area to be heisht ana i9is aqume feet in siym area. up to twenty feet (20') in height. OWNER has prepared a depiction of the various development areas within the PUD for the entire development, which is labeled an Illustrative Example Diagram, is dated June 18, 2007 with latest revision date of March 14, 2008, and is attached as Exhibit "D" ("the Development Area Plan"). While the Concept PUD Plan is intended to show the land use areas on the Property, the Development Area Plan is intended to show the maximum intensity of development that might be achieved by the OWNER within the land use areas upon the CITY's approval of the Conceptual PUD Plan. 5. PRELIMINARY AND FINAL PUD PLATS. Upon and in compliance with the requirements of the CITY Code including and consistent with the terms of this Agreement, the OWNER shall submit an application or applications for Preliminary PUD Plan approval for up to ten (10) development parcels, or for the entire property or any combination thereof, complete with preliminary engineering plans, landscape plans and elevations of the buildings proposed to be constructed. The OWNER shall present grading plans for the entire portion of the PROPERTY located on the respective side of Rob Roy Creek, together with the required plans for the first development parcel. It is the intent of the Parties that the entire portion of the Property located on the side of Rob Roy Creek in which the first development parcel is located, shall be mass graded at the same time the first development parcel is developed. The Preliminary PUD process may identify issues not contemplated in this Agreement. In the event that issues arise, the CITY and OWNER agree to work together to resolve those issues. The CITY agrees to adopt an ordinance or ordinances grantjng a Preliminary PUD Plan so long as the Preliminary PUD Plan substantially conforms to the Concept Plan. Thereafter, the CITY shall adopt an ordinance or ordinances granting a Final PUD Plan so as to allow for the development of the PROPERTY in conformance with Exhibit "B" and Exhibit "D" for each DEVELOPMENT parcel or for the entire PROPERTY or any combination thereof. The CITY acknowledges that the commercial development will be developed as individual commercial lots and for OWNER retained commercial parcels. As a result, the DEVELOPMENT will require and the CITY shall require a cross access easement or reciprocal easement agreement required to properly provide for the required access between commercial uses or between commercial and residential uses. 6. DEPARTURES FROM LOCAL CODES. Because the OWNER has not completed its detailed development plans to the specificity of a Preliminary or Final PUD Plan, the CITY agrees to reasonably consider any additional requests for modifications or departures from the CITY zoning ordinance and/or subdivision ordinance, requested by OWNER at the Preliminary PUD or Final PUD stage, and more specifically, the CITY shall not apply to the PROPERTY the ten (10%) percent limitation on waivers, exceptions, departures and/or modifications within the PUD or Subdivision as itdates to_ - Deleted: , specifically related specific setbacks and building height. 7. SPECIAL USE REQUESTS/LIQUOR LICENSES. The OWNER and CITY - acknowledge that some specific uses shall require Special Use permits to operate in the CITY, for example a gas station, liquor store, or restaurant/bar. The OWNER agrees that the individual user shall submit the required plans and information required with the special use application for review and approval of the CITY. The CITY agrees to expeditiously process and reasonably consider future requests 5 July 1 , 2008 City Staff revisions to 6/11/08 version for special uses for individual uses and shall conduct any necessary public hearings therefore. The CITY Deleted: In the event the OWNER agrees to process any such applications pursuant to the procedures set forth in the CITY Zoning cannot obtain the necessary off-site easements for the extension of the Ordinance and not to require an amendment to this Annexation Agreement. Outdoor sales areas shall be ; utilities and public improvements permitted and shall not require special use approvals. required to construct the PUT),the CITY shall allow OWNER to extend the aNities and public improvements from OWNER shall be authorized to apply for and the CITY agrees to reasonably consider issuing other locations to the PROPERTY within liquor licenses to liquor and/or restaurant establishments in the PROJECT, subject to compliance with existing easements or rights.o5way. Notwithstanding anything s i this a pp licable CITY liquor license and liquor code licensing requirements. Agreement to the contrary in the event that the dnect line easement is not 8. UTILITIES. EASEMENTS AND PUBLIC IMPROVEMENTS. OWNER agrees that obtained by the CITY, then the OWNER shall be permitted to install its own lift any extension and/or construction of the utilities and public improvements required for the development station on the PROPERTY and OWNER of the PROPERTY shall be performed in accordance with CITY subdivision regulations and other shall not be required to connect to the applicable ordinances, subject to paragraph 6 above. An on-site work and the cost thereof shall be the sanitary sewer via the Fox Hills PP J y Subdivision Unit 7 and OWNER shall not responsibility of OWNER except as otherwise provided in this Agreement. The CITY shall reasonably be required to pay any sanitary sewer assist the OWNER to obtain any off-site easements required for utilities and public improvements, recapme fee pursuant to the Fox Hills specifically including but not limited to off-site easements required for sanitary sewer service through the sanitary recapture agreement q property south and west of the PROPERTY known as the "Cobblestone South Subdivision" (the final plat F Deleted: As required by the CITY Engineer, OWNER shall connect the of subdivision has not been recorded as of the date of this Agreement). The City agrees that it shall obtain entire project, including than portion west from the owner of the Cobblestone South Subdivision property, the easements required to service the of Rob Roy Creek to the watermain to be PROPERTY with the sanitary sewer via the lift station located in Fox Hills Subdivision Unit 7, which ' - constructed on the Kendall Marketplace i property located to the east of the will require a direct line easement through Cobblestone South Subdivision and not around its perimeter, t PROPERTY. Due to the condition of the all as shown on OWNER's engineering plans. existing water system, the CITY To the extent that the alternative routing f an of the utilities Or public improvements is more acknowledges that the PROPERTY does g y P P receive a minimum benefit from a expensive than as designed by OWNER's civil engineer, the CITY agrees that, at OWNER's request, the connection to the CITY wateunain CITY will reasonably consider alternatives and shall exercise reasonable and best efforts to assist with located south of Route 34 and west of Rob Roy Crack only during emergency acquisition of off--site easements, utilizing eminent domain if necessary. All costs related to or associated situations when the watennain valve to be with acquisition of the real property for easement purposes and/or acquisition of fee title, for Sanitary r constructed by OWNER is manually sewer, storm water drainage or potable water purposes shall be the responsibility of OWNER. The CITY opened. The CITY shall obtain the required easements of access for shall not incur any acquisition cost. construction proposes over any portion of the Kendall Marketplace property necessary to allow wnnection to the 9. POTABLE WATER SUPPLY, SANITARY SEWER AND RECAPTURE, Krndan Marketplace watermain, Deleted: The CITY acknowledges that A. Water. The CITY represents t0 OWNER that the CITY OWRS potable Water, fire the PROPERTY located east of Rob Roy flow and water storage facilities and that such facilities will have sufficient capacity to adequately Creek does not receive any benefit from a serve the needs of the OWNER and occupants of the PROPERTY as developed pursuant to the connection to the sanitary sewer located iwest of Rob Roy Creek and south of terms of this Agreement- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Route 34. The OWNER shah connect that portion of the PROPERTY located B. Sanitary Sew west of Rob Roy Creek to the sanitary Settee With respect to sanitary sewer treatment capacity, the CITY sewer mains located south of Route 34. shall assist and cooperate with OWNER in their efforts to acquire adequate sanitary sewer The Parties agree that the lift station treatment capacity from the Yorkville Bristol Sanitary District ("YBSD") for use in the located in Fox Hal Subdivision Unit 7 is sufficient to accommodate flows from PROPERTY as developed pursuant to this Agreement. The OWNER shall connect that portion of that portion of the PROPERTY In ,,, Z the PROPERTY located east of Rob Roy Creek to the existing thirty-six (36") inch YBSD Deleted: The CITY acmowledges that sanitary sewer interceptor located along the east property line of the PROPERTY., the PROPERTY does not receive a benefit from a water infrastructure improvement constructed by the C. Recapture. developer of the Fox Hill Subdivision and as a result the OWNER dean not be ' required to make my payment under the 1. Fox Hill Water Main Recapture -OWNER agrees to install a manual valve not a_,` recapture ordinance or agreement pressure reducing valve) between the PROPERTY and the Fox Hill water main, which is regarding said improvemem constructed an upgrade to the Fox Hill water main system. The CITY agrees that it shall renegotiate by the developer of the Fox Hill Subdivision. However, the terms of the Recapture Agreement between the United City of Yorkville and Deleted: value 6 July 1 , 2008 City Staff revisions to 6/11/08 version dated and shall pay the required recapture payments attributable to the PROPERTY from the CITY's share of the local sales tax. 2. Fox Hill Sanitary Sewer Recapture - The CITY acknowledges that the portion of the PROPERTY located east of Rob Roy Creek does not benefit from the sanitary sewer infrastructure improvements provided by the developer of the Fox Hill Subdivision and as a result the OWNER shall not be required to make any payment under the recapture ordinance or agreement between the CITY and dated for that portion of the PROPERTY located east of Rob Roy Creek. The CITY agrees that it shall renegotiate that portion of the recapture agreement with the Fox Hill developer so that OWNER is not required to pay that portion of the recapture fee. The Parties acknowledge that a 26.58 acreportion of the PROPERTY located, west of Rob Roy Creek,_as_depicted _ _ - comment [Thts]: Need to verify rids on Exhibit `E" Rob Roy Falls - Fox Hills Sewer Recapture Benefited Properties Exhibit numbei: dated March 19, 2008, does benefit from the Fox Hill sanitary sewer infrastructure improvements constructed by the developer of the Fox Hill Subdivision. 3. Cannonball Recapture - OWNER acknowledges that the PROPERTY benefits from water and sanitary sewer improvements installed by the CITY and described b Resolution 1995-13. The rate of said recapture is established by Resolution 1995-13 as $1500 per acre for commercial purposes increased by 6% per annum interest commencing July 1 . 1995 and $150 pet' population equivalent for residential units also increased by 6% per annum interest commencing .July 1 , 1995 Deleted: The CITY agrees to renegotiate that portion of the recapture agreement with the Fox Hill developer so _ _ _ - -y that OWNER is not required to pay that The_CITY agrees to grant recapture to OWNER for_ any sanitary sewer or r portion of the recapture,but instead the watermains oversized at the request of the CITY pursuant to the CITY Municipal Code. P recapture payments owed shall be paid from the Business District Sales tax proceeds or the City's share of the local 10. SECURITY INSTRUMENTS. sales tax ifdris is not an eligible expense through the Business District. A. Posting Security. Subject to the requirements and limitations of state law � ' Deleted: ¶ D. The CITY represents and warrants to and City ordinance requirements, OWNER shall deposit, or cause to be deposited, with the CITY OWNER that no other recapture such surety bonds or other security in the forms and in the amounts prescribed by the ordinances agreements exist orwiu be agreed to in the of the CITY ("Security Instruments to guarantee completion and maintenance of the PR£nnne in which the in OWed orc ( �' ) � p . PROPERTY will be included walled ,improvements to be constructed in anyparticular Phase of DEVELOPMENT. The OWNER shall upon to contribute funds.¶ have the sole discretion, subject to compliance with Illinois law and City ordinance requirements, Formatted: Indent: Left: 0", First as to whether an irrevocable letter of credit or surety bond will be used as the security line: On instruments. The amount of each Security Instrument shall be as required by state law and the Deleted: E duration shall be as required by applicable ordinances of the CITY. The CITY Council upon ' Deleted: pablic recommendation by the CITY Engineer„play from time to time approve a reduction or reductions _ - - - _ Deletetl: shall in the Security Instruments by an amount not in excess of eighty-five (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 the DEVELOPMENT. If the OWNER chooses to use a Special Service Area as a funding mechanism for the installation of public improvements, per United CITY of Yorkville's Resolution No. 2006-19, the OWNER shall not be required to post any irrevocable letters of credit or surety bonds to guarantee the installation of those public improvements covered by the Special Service Area. Any ,improvements, installed by the OWNER-on_ its respective parcels aspart of a special service area _ - Deleted: public shall require OWNER to post a one-year maintenance bond after acceptance by the CITY of said public improvements in an amount equal to 10% of the approved engineering's estimate of the costs. 7 July 1 , 2008 City Staff revisions to 6/11 /08 version T I _ _ Deleted: Any perimeter roadways and B. Acce tance of Under round Im rovements and Public Streets. Upon onahe improvements may be dodicated,as completion and inspection of underground improvements, public streets, and/or related constructed, andsor bondedlo P P gT P P independent phases of development at the improvements in each Phase of Development on the Residential Parcels and the Commercial sole discretion of the OWNER-1 Parcels, respectively, and acceptance by the CITY Council upon recommendation by the CITY Engineer, OWNER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the CITY Subdivision Control Ordinance. The CITY shall exercise good faith and due diligence in accepting said public - improvements following OWNER'S completion thereof for each Phase of Development in compliance with the requirements of said ordinance, and shall adopt the resolution accepting said public improvements not later than forty-five (45) days following the completion of the Punch List items.. C. Acceptance of Other Public Improvements. Upon completion of other Deleted: fammortearsve cal, or P P , period. Any amendment, repeal,year public improvements not constructed specific to any individual neighborhood (i.e. park areas, additional regulations, which are offsite water main, sewer mains, homeowners association open space areas) in each Phase of the ' subsequently enacted by the CITY, shall DEVELOPMENT, ot be applied to the development of the NT and acceptance thereof by the CITY Council upon recommendation by the ; PROPERTY except upon the written CITY Engineer, OWNER shall be entitled to a release or appropriate reduction of any applicable consent of OWNER during the respective Security Instrument subject to a maintenance Security Instrument remaining in lace for a one five (5) year period. After the termination �' J �' g P of the second five (5)year period, the year period from the date of acceptance by the CITY, in conformance with the CITY Subdivision PROPERTY and its development will be Control Ordinance and/or bond funding provisions. subject to all Applicable Codes in existence on or adopted after the expiration of the second five (5)year D. Transfer and Substitution. Upon the sale or transfer of any portion of its period provided, however, that the respective parcels within the PROPERTY, OWNER shall be released from the obligations for application of any such Applicable Code shall not result in a reduction in the such portion secured by its Security Instruments for public improvements upon the submittal and number of residential building loft or acceptance by the CITY of a substitute Security Instrument approved by the CITY, securing the units herein approved for the Residential costs of the improvements set forth therein. CITY acceptance shall not be unreasonably withheld. Parcel, shall not result in a reduction in P P y the square footage of commercial DEVELOPMENT as shown on Exhibit 11. AMENDMENTS TO ORDINANCES. All applicable ordinances, regulations, and "D', alter or eliminate any of the codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, contemplated her em, nor resultfin my comprehensive land use plan, and related restrictions ("Applicable Codes"), as they presently exist, subdivided lot or structure constructed except as amended, varied, or modified by the terms of this Agreement, which modification includes but within the PROPERTY being classified as non-conforming under any ordinance not is limited to wetland, stormwater management and drainage regulations that shall be regulated of the CITY. The CITY shad give the pursuant to Section 28 of this Agreement have been set forth on Exhibit "P", and shall apply to the OWNER a six (6) month grace period PROPERTY and its development fora period of five 5 ears from the date the first permit for from the date OWNER is notified of any P P O )r P changes to the Applicable Codes of the construction of a building is issued. At the termination of the first five (5) year period, all applicable CITY in order to comply with the new ordinances, regulations and codes of the CITY, then in effect, shall apply to the PROPERTY and its regulations. The foregoing to the country development notwithstanding, in the event the CITY is P - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - required to modify, amend or enact any If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes ordinance or regulation and to apply the or regulations affecting the zoning, subdivision, development, construction of any improvements, same to the PROPERTY pursuant to the express and specific mandate of any buildings, appurtenances, or any other development of any kind or character upon the PROPERTY, other superior governmental authority, such than those upon which site plan approval may be based, are amended or modified to impose less ordinance or regulation shall apply to the restrictive requirements on development or construction upon properties situated within the CITY's PROPERTY and be complied with by 9 P P P Pe OWNER, provided, however, that any so- boundaries, and applied city wide, then the benefit of such less restrictive requirements shall inure to the called "grandfather" provision contained benefit of the OWNER, and anything to the contrary contained herein notwithstanding, the OWNER may in such superior governmental mandate proceed with development or construction upon the PROPERTY pursuant to the less restrictive which world serve to exempt PROPERTY P P P P implementation against the PROPERTY shall be given fall force and effect. I 8 July 1 , 2008 City Staff revisions to 6/11/08 version amendment or modification applicable generally to all properties within the CITY. 12. BUILDING CODE: BUILDING PERMITS. The CITY has adopted the International Building Code, which is updated approximately every three years. The International Building Code for the CITY in effect as of the date of building permit application for each respective building on the PROPERTY will govern any and all construction activity regarding said building on the Property. Any local life safety amendment adopted by the CITY as an amendment to or in addition to the International Building Code shall be enforced against the PROPERTY under the same terms and conditions as the ordinances, codes and regulations identified in Section 11 above. 13. FUTURE FINAL PLATS AND FINAL ENGINEERING. The CITY recognizes the development of the PROPERTY may occur in stages or units (sometimes referred to herein as 'Phases") over a period of time. Accordingly, the CITY grants permission to OWNER to phase the development on the respective parcels over a period of twenty (20) years and to submit separate final plats and final engineering for approval for each Phase. The CITY shall act upon any final plat and final engineering submitted to it for approval within a reasonable time of its receipt of such final plat, final engineering and all necessary supporting documentation and information. The plat review and consideration by the CITY shall not exceed the limitations set out in 65 ILCS 5/11-12-8 (2002). The CITY shall not require engineering to be submitted for any Phase of the PROPERTY that is not within the particular Final Plat for a Parcel, Phase or Unit being submitted for approval by OWNER, provided, however, the CITY can require engineering for sewer, water, storm water lines and utilities that cross undeveloped Parcels and/or Phases. 14. FEES AND CHARGES. Deleted: six A. During the first rve years for residential development and during the first ive1 _'_ celetea: s (F) years for commercial development, following the date of this Agreement,_ the CITY shall date_of- d: impose upon and collect from the OWNER, and its respective contractors and suppliers, only De eight those permit, license, tap-on and connection fees and charges, and impact fees and in such Deleted: s amount or at such rate, as are in effect on the date of this Agreement and as are generally applied throughout the CITY, except as otherwise expressly provided for in this Agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit "G". Thereafter, the OWNER shall comply with the Fee Schedule then in effect from time to time so long as it otherwise conforms to the terms of this Agreement. At the expiration of the rve _5)year term, the CITY shall give the_ _ - Deleted: six OWNER a six (6) month grace period from the date they are notified of any changes to the Deleted: 6 permit, license, tap on and connection fees and charges in order to comply with the new regulations. Notwithstanding anything in this Section 14 to the contrary, no increased impact fees and no new impact fees shall apply to the PROPERTY, except as are contemplated in the existing Fee Schedule regarding water bi-annual increases tied to a construction index. B. To the extent that any fees charged by the CITY or other governmental agency by reason of this Agreement or CITY Ordinance are not frozen by the specific terms contained in this Agreement, such fees may be prepaid as follows: (i) If the CITY increases any fees that are not prohibited from being increased by the terms of this Agreement and are applicable to the PROPERTY, the CITY will provide OWNER with notice thereof and will determine a reasonable method that allows OWNER to prepay the fees as they existed prior to such increase at any time within thirty (30) days after receipt of the notice of the increase of the fees from the CITY. 9 July 1 , 2008 City Staff revisions to 6/11/08 version (ii) OWNER's right to prepay will apply to all fees or only certain fees applicable to their respective parcels within the PROPERTY as selected by OWNER and prepayment of a particular fee will prevent the increase in such fee from being applicable to that portion of the PROPERTY for which such fee was prepaid. For fees charged on a per residential unit basis, OWNER may designate the number of residential units and pay such fees based on such designated number of units and may prepay for only a certain number of units as determined by OWNER. (iii) Once the payment is made, no refund of any portion of any prepayment made will be allowed. 15. CONTRIBUTIONS. The CITY shall not require the OWNER to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. With regard to all contributions required to be made by the CITY ordinances, the Parties agree that the public bike trails land, including the costs to construct the public bike trails and pedestrian bridge across the Rob Roy Creek, the 2.6 acre (+/-) parcel for the Bristol-Kendall Fire Protection District "BKFD", and all other land dedicated by the OWNER, shall be reduced from the total acreage of the PROPERTY prior to any computation of the required contribution, be it land or cash. A. Perimeter and Off-Site Road Improvements. OWNER agrees to improve the unimproved portion of Beecher Road adjacent to the PROPERTY and Route 34 adjacent to the PROPERTY according to the plans approved by IDOT and pursuant to the Agreement for Sycamore Road Intersection Agreement, attached as Exhibit "H" hereto. B. Beecher Road Improvements. OWNER shall rend Beecher Road from the Kendall Deleted: conm�.a -- - - - the Marketplace terminus to the north and connect to Faxon Road Said extension, from the Deleted: Property lice of the PROPERTY north boundary to the Faxon Road intersection shall be reimbursable under the PROPERTY Economic Incentive Agreement described in Section 32 of this Agreement If requested by BKFD or the CITY to construct access to either one of both the 2.6 acre BKFD Parcel and the City 8 Acre parcel, prior to construction of the commercial DEVELOPMENT adjacent to Beecher Road, OWNER shall construct a temporary service driveway to provide access to existing Beecher Drive south of said parcels. Attached as Exhibit "I" is the approved cross section for the temporary service driveway. C. Fire Department Contribution. The OWNER shall integrate into the Preliminary PUD Plan and dedicate at time of Final Platting the northem-most commercial outlot on the Beecher Road frontage of the PROPERTY to the BKFD for use by the BKFD as a Fire Station. The land dedication shall include a4ausesuch that title to the BKFD outlot shall_revert ,to the CITY- _ Deleted: revcner without further action required, five years from the date of the Annexation Agreement in the Deleted: back event a Fire Station has not yet been approved on the outlot, or in the event a Fire Station has not Deleted: OWNER been built within six (6) years from the date of the Annexation Agreement. D. CITY Land Contribution. The OWNER shall dedicate the 8-acre parcel of land ("8- Acre Parcel") as shown on the Conceptual PUD Plan to the CITY for future civic use., only on the condition that the Kendall Marketplace shopping center owners transfer title to the 3.4-Acre Parcel ("3.4 Acre Parcel") to the OWNER. To facilitate the transfer of title to the 8-Acre Parcel, OWNER shall place the deed to the 8-Acre Parcel in escrow with instructions that the deed to the 8-Acre Parcel be delivered to the City simultaneously with the City's execution of the this Annexation Agreement. 10 July 1 , 2008 City Staff revisions to 6/11 /08 version E. Time of Transfer of Tide to 3.4 Acre Parcel, The legal title holder of the 3.4 Acre Parcel of property located on the west side of Beecher Road and surrounded by the PROPERTY shall transfer title to the 3.4 Acre Parcel to the OWNER simultaneously with OWNER'S execution of the Plat of Dedication to the Illinois Department of Transportation of a 25 foot wide strip of land along Route 34. Prior to transfer of title of the 3.4 Acre Parcel to the OWNER, the existing overburden soil stockpile shall have been removed from the 3.4 Acre Parcel. Each and every requirement, duty and responsibility of OWNER in this Agreement is specifically subject to the transferring of title to the 3.4 Acre Parcel to the OWNER simultaneously with OWNER'S execution of the Plat of Dedication to the Illinois Department of Transportation of a 25 foot wide strip of land along Route 34. F. ` _ _ _ _ _ _ _ _ _ _ _ Comment l"fM6I: The(Sty should not 16 . SCHOOL AND PARK DONATIONS. At the time of final plat approval for the portion pay for right-of-way it will not own. The of the PROPERTY requiring the donation, OWNER shall be responsible for making the contributions `, °1prlyemenrsaidthe develop development q g p g improvements aid the widening of US 4 outlined in Exhibit "J" to the Plano Community Unit School District No. 88 ("School Districts"), and the duspropetty. The setbacks forbuildings United CITY of Yorkville Parks Department ("Parks Department") or the estimated Land Cash and { most be measured from the fnalrow discussed,the parking School Transition Fee that is projected to be experienced by said entities as a result of the development of 1 `, line this has been tot ar stbe 30 feet from then ow per the Residential Parcel in the manner provided for under this Agreement. There shall be no other school Ordinance 2op6 136 -Landscape Code. and park contributions, fees or land dedications required for development of the Residential Parcels and Deleted: Right of Way Dedications. there shall be no school or park contributions, fees or land dedications required or made for development OWNER shall receive a credit against all Of the Commercial Parcel. CITY imposed pencil and/or review fees 'i as they become due and payable , in the meant oflDOT's fair market value 17. REGIONAL TRAIL ALONG ROUTE 34 AND ROB ROY CREEK. OWNER agrees formula for all right of way including but of to the CTTY (b mOT, (15) fo but not to dedicate adequate land for a regional bike trail across Rob Roy Creek, together with trail connections, limited to the fifteen (IS) foot strip of including the pedestrian bridge over Rob Roy Creek, from the regional bike trail into each of the PUD Route 34 right of way, the twenty five commercial and residential land use areas according o the terms of a Memorandum from the CITY Park (zsl foot strip of Route 34 right d way as g set forth in Subsection "E" immediately Board, Laura Haake, to Joseph Duffy dated March 7, 2008, attached hereto as Exhibit "K", so long as 1 above, the Beecher Road right of way OWNER receives a credit against all CITY imposed permit and/or review fees as they become due and I from its present terminal point as for said land dedication from the CITY. The trail connection locations are depicted on Exhibit ', Shopping Cbytheeelopestothe lort payable P Shopping Center developers T the north property line of the PROPERTY, and the YBSD easement for the YBSD interceptor previously dedicated to 18. PROJECT SIGNS. Following the date of this Agreement and through the date of the YBSD. The building setback lines from issuance of the final occupancy permit for the Residential Parcel, OWNER shall be entitled to construct, Illinois Route 34, on both the Preliminary maintain and utilize offsite commercial and residential subdivision identification, marketing d location PUD Plat and Final PUIl Plat shall be g measured from the Route 34 property line signs at not more than three (3) locations at any time within the corporate limits of the CITY as OWNER existing print m my right of way may designate (individually an "Offshe Sign" and collectively the "Offsite Signs") subject to sign permit dedication to MOT. review and issuance by the CITY. Offsite Signs will not be located on public right-of-way. OWNER shall Deleted: 9 be responsible, at its expense, for obtaining all necessary and appropriate legal rights from private land owners for the construction and use of each of the Offsite Signs. Each Offsite Sign may be illuminated and is subject to approval by the CITY. In addition to the Offsite Signs, OWNER shall be permitted to construct, maintain and utilize signage upon the Residential Parcel. OWNER shall be permitted to construct signage, as deemed appropriate by the commercial developer, announcing and advertising the commercial or residential development upon the Route 34 frontage of the PROPERTY. Deleted: Permanent signage for the 19. MODEL HOMES, PRODUCTION UNITS AND SALES TRAILERS. During the shall be permitted- co developments development and build out period of the Residential Parcels (subsequent to final plat approval), OWNER, shall he permitted. The commercial signage shall be pertained pursuant to the and such other persons or entities as OWNER may authorize, may construct, operate and maintain model same sip standards as permitted in the homes and sales trailers within the Residential Parcels staffed with OWNER'S, or such other person's or Kendall Marketplace shopping center. I I1 July 1 , 2008 City Staff revisions to 6/11/08 version entity's, marketing and construction staff, and may be utilized for marketing offices for the residential subdivisions for said persons or entities. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by OWNER, but shall in no event exceed five (5) for each product type in any phase or unit of the residential development. Off-street parking shall be required for model homes when more than three (3) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking two (2) cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood, which may be hereinafter designated by OWNER as a separate neighborhood at the fime a final plat for all or any part of that neighborhood is submitted by OWNER to the CITY, shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon submission of a temporary hold harmless letter to the CITY and the BKFD.) A final inspection shall be conducted prior to the use of a model home and water service shall be made available within 300' of the model home. There shall be no occupation or use of any model homes_ „ _ - Deleted: if located for residential purposes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational or until temporary service, as approved by the City, is available, whichever is earlier. Use of models as a model unit only shall not be deemed to be "occupancy" thereof and may be made prior to connection to a sanitary sewer or water system, so long as temporary waste water holding tanks and temporary water facilities are installed to serve them. OWNER may locate temporary sales and construction trailers upon the Residential Parcels and Commercial Parcels during the development and build out of said property, provided any such sales trailer shall be removed within two (2) weeks following issuance of occupancy certificates for all units within the Residential Parcels and Commercial Parcels respectively. A building permit will be required by the CITY for any trailer that will be utilized as office space when there is an electric connection. Prior to construction of the sales trailer the OWNER shall submit an exhibit of the model trailer site with landscaping and elevations for the CITY's approval, which the CITY shall approve, or if denied, the reasons for said denial, within fourteen (14) calendar days. OWNER hereby agrees to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit and shall execute and deliver to the CITY a hold harmless and indemnification agreement in form and content reasonably satisfactory to the CITY, so providing, prior to the commencement of construction of any model homes. OWNER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each neighborhood as the Final Plat and Final Engineering for each such neighborhood is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each neighborhood. 20. CONTRACTORS' TRAILERS. The CITY agrees that from and after the date of 12 July 1 , 2008 City Staff revisions to 6/11/08 version execution of this Agreement, contractors and subcontractor's supply storage trailers may be placed upon such part or parts of the PROPERTY as required and approved by OWNER for development purposes. Said trailers shall be removed from each of the Residential Parcels and the Commercial Parcels, respectively, within thirty (30) days after issuance of the last occupancy permit for each such parcel, subject to force majeure. A building permit will be required by the CITY for any trailer that will be utilized as office space where there is an electric connection. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way. 21. CERTIFICATES OF OCCUPANCY. A. The CITY shall issue certificates of occupancy for buildings and dwelling units constructed on the PROPERTY or any parcel or phase thereof within five (5) working days after proper application therefore or within five (5) working days after the receipt of the last of the documents or information required to support such application, whichever is later. If the application is disapproved, the CITY shall provide the applicant within five (5) working days after receipt of the application and all documentation or information required to support such application, with a statement in writing of the reasons for denial of the application including specification of the requirements of law which the application and supporting documents fail to meet. The CITY agrees to issue such certificates of occupancy upon the applicant's compliance with those requirements of law so specified by the CITY. The CITY, at its expense, shall retain the services of such consultants and/or hire such employees as may be necessary to ensure that the CITY is able to fulfill its obligations under this Subsection. The foregoing, however, shall not negate the obligation of OWNER to pay all fees otherwise payable for services rendered in connection with the issuance of certificates of occupancy under applicable CITY ordinances. B. Notwithstanding the foregoing, certificates of occupancy shall be issued by the CITY for buildings and dwelling units whose driveway and/or sidewalk paving and grading improvements, landscaping, staked lot corners, B-boxes, and any other items deemed necessary by the City have not been completely finished due to adverse weather conditions subject to the following understandings: (i) if a certificate of occupancy is issued for such a building or dwelling unit and a party fails to complete the driveway and/or sidewalk paving or grading improvements for such building or dwelling unit, landscaping, staked lot comers, B-boxes, and any other items deemed necessary by the City as soon as weather permits but in any event by June V of the following summer, the CITY shall have the right to withhold the issuance of further building permits for the specific building involved until such exterior work has been completed; (ii) with respect to the last phase of development on the PROPERTY, for any building or dwelling unit for which a certificate of occupancy has been issued with incomplete exterior conditions, adequate security, which may be by a bulk surety in the form of a letter of credit or surety bond, shall be posted with the CITY to ensure the completion of such work; and (iii) the CITY is hereby granted rights of access to the applicable phase of the PROPERTY so that, if necessary, the CITY can complete such work. Notwithstanding the foregoing, if the provisions of (i) above apply but if the party that failed to complete the driveway and/or sidewalk paving or grading improvements, landscaping, staked lot comers, B-boxes, and any other items deemed necessary by the City, posts Security with the CITY in the amount of one hundred ten percent (110%) of the amount estimated by OWNER and approved by the CITY to be needed to complete such improvements or to effect such corrections, the CITY shall not withhold the issuance of such other building permits or certificates of occupancy. Under no circumstances shall the failure of Commonwealth Edison or another utility company to energize street lights installed by OWNER within a given Phase of development on the PROPERTY constitute a basis for the CITY denying 13 July 1 , 2008 City Staff revisions to 6/11/08 version the issuance of building permits or a certificate of occupancy for buildings and dwelling units constructed or to be constructed within such Phase of the PROPERTY provided OWNER makes a good faith effort to connect the street lights and make them operational. Deleted: 22. LIMITATIONS. . In no — — 22._ _ _ RECAPTURE AGREEMENTS. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ event, including,of a without limitation, the — exercise of the authority granted in l` Chapter 65, section 511 1-124 of the A. Benefiting the PROPERTY. The CITY agrees , to enter into recapture nfinois Compiled stamtes (2oo2), shall agreements with the OWNER for a portion of the costs of certain public improvements the PROPE RTY dedicany part of the ublic , PROPERTY be dedicated forpub7ic constructed by OWNER which the Parties agree may be used for the benefit of property purposes.¶ ("Benefited Properties") not located within the PROPERTY which will connect to and/or utilize Deleted: 23 said public improvements. Each Recapture Agreement shall be substantially in the form as Comment [inn]: Petifioner must attached hereto and incorporated herein as Exhibit "L". The improvements which qualify as provideahstuCexpepe1 items mat they:: benefiting other properties and the identity of the benefited properties (by location map and/or intend on receiving recapture fm-iE permanent index number) shall be identified at the time of approval of Final Engineering for each none are expected, this section should be phase of development. A phase may include more than one neighborhood. removed, B. Encumbering the PROPERTY. With the exception of the Fox Hill Subdivision Recapture for sewer and water, explained in Section 9 of this Agreement and referenced in Exhibit "E" of this Agreement, and with exception to Resolution 1995-13. there are currently no recapture agreements or recapture ordinances, nor will there be in the future, affecting public utilities which will be utilized to service the PROPERTY which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNER, or their successors, upon connection of the PROPERTY to any of such public utilities, nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will affect the PROPERTY. 24. COMMENCEMENT OF IMPROVEMENTS. A. The CITY shall issue permits to OWNER to authorize the commencement of construction of utility improvements on the PROPERTY or any Parcel or Phase thereof at the sole risk and cost of OWNER prior to construction of the CITY utility improvements, provided: (1) such construction is undertaken at the risk of the party seeking to undertake such work; (2) approved engineering plans for such improvements have been approved by the CITY that are sufficient in detail for the CITY to determine the nature and scope of the improvements being constructed; (3) the final subdivision plat for the Phase upon which the improvements are being constructed has been approved by the CITY; (4) the IEPA and the sanitary district that will serve the PROPERTY, as and if applicable, have issued permits for the construction of sanitary sewer and water lines for the Phase on which the improvements are being constructed. The CITY agrees to review and, where appropriate, execute IEPA sewer and water permit applications separate and apart from the review of final engineering plans so that the IEPA will be in a position to issue such permits prior to CITY approval of final engineering plans; and (5) the construction complies with the CITY's existing soil erosion ordinances. OWNER shall indemnify the CITY against any claims, actions or losses the CITY may suffer sustain or incur because another governmental agency takes action against the CITY after OWNER undertakes development activities on either of their respective parcels pursuant to the provisions of this Subsection 24 (A). B. The CITY shall issue permits, pursuant to the CITY's Soil, Erosion and Sediment Control Ordinance # 2003-19, as amended from time to time, to OWNER to authorize the commencement of mass earthwork and grading on the PROPERTY or any Parcel or Phase 14 July 1 , 2008 City Staff revisions to 6/11/08 version thereof prior to acceptance of a final plat of subdivision and final engineering by the CITY, provided, that OWNER has submitted mass grading and erosion control plans to the CITY at least thirty (30) days prior to the commencement of such mass earthwork and grading and complies with the erosion control ordinance of the CITY. 25. COVENANTS. OWNER shall include provisions in the covenants to provide that the Homeowners Association shall be responsible for the maintenance of landscaping within the perimeter landscaping easements, signage provided on the Residential Parcels, and other obligations as determined at the time of final platting and as referenced in this Agreement. 26. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA (DSSA). A. Homeowners Association. OWNER shall establish through a declaration of covenants, conditions and restrictions, a Homeowners Association ("Association") of all lot owners within the Residential Parcels and a mandatory membership of all lot owners in the Association within the Residential Parcels. The Association shall have the primary responsibility and duty to carry out and pay for the maintenance of Common Facilities (defined below) through assessments levied against A dwelling units within the Residential Parcels. A maintenance easement shall be established over all of the Common Facilities located on the final plat for each Phase of Development for the Association that undertakes responsibility for the Common Facilities Maintenance. The Association will be responsible for the regular care, maintenance, renewal and replacement of the Common Facilities including stormwater detention areas and other open spaces within the Residential Parcels and for the yards and buildings on the private lots. The maintenance described herein shall include, without limitation, the mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition, and for the maintenance and repair of the exterior of the residential units and shall utilize the Association to provide sufficient funds to defray the costs of such maintenance and to establish reserve funds for future repairs and replacements and shall otherwise comply with the CITY's Property Maintenance Standards and Landscape Ordinance. The Common Facilities are to be determined at such time as the final engineering plans are approved by the CITY. OWNER may covenant the commercial properties for the proportionate sharing of the costs of maintenance of any storm water management facilities on the Residential Parcels that benefit the Commercial Parcels. B. Dormant Special Service Area. OWNER agrees to the CITY enacting, at the time of final plat approvals or anytime thereafter, a Dormant Special Service Area (DSSA) to act as a back up in the event that the Homeowner's Association fails to maintain the private common areas, detention ponds, perimeter landscaping features, and entrance signage within the Residential Parcels. C. Commercial Property Owners' Association Covenants, Conditions and Restrictions of Record. Concurrent with and prior to recording its First Final Plat for a commercial phase of the development, OWNER 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 OWNER to establish the covenants, conditions and restrictions for each commercial Phase of Development. The Declaration shall provide for the authority of OWNER and/or the City to establish an association (the "Property Owners 15 July 1 , 2008 City Staff revisions to 6/11/08 version Association") which shall have primary responsibility for the ownership, care and maintenance of the common open space areas within the commercial phases of the PROPERTY ("Common Facilities") and the collection of assessments from the association members to defray the cost thereof. The Declaration shall be recorded against each commercial Phase of Development simultaneously with the recording of the Final Plat for each commercial Phase of Development. The OWNER 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 fails to do so. D. Dormant Special Service Area. OWNER agrees to the City enacting at the time of final plat approval of a commercial phase of the development, or anytime thereafter, a Dormant Special Service Area (DSSA) to act as a back up in the event that the commercial 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 commercial phases of the PROPERTY. OWNER 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. 27. ON-SITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the PROPERTY, OWNER determines that any existing utility easements and/or underground lines require relocation to facilitate the completion of their obligation for their respective parcels of the PROPERTY, the CITY shall fully cooperate with OWNER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be home by the OWNER. If any easement granted to the CITY as a part of the development of the PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the PROPERTY in this Agreement, the CITY shall fully cooperate with OWNER in vacating and relocating such easement and utility facilities located therein, which costs shall be home by OWNER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNER shall pay for the cost of design and relocation of any such easement and the public utilities located on their respective parcels unless the relocation involves overhead utilities. If any existing overhead utilities are required to be relocated or buried on perimeter roads that are the responsibility of the OWNER, the CITY agrees to be the lead agency in the relocation of those utilities. Upon OWNER's request, the CITY will make the request to have overhead utilities relocated. In the event there is a cost to the OWNER associated with burying what had been overhead utility lines, the OWNER shall have the right to make the determination as to whether the utility lines will be buried or re-located overhead. 28. WETLANDS AND STORMWATER DETENTION. The Residential Parcels contains three wetland areas within the Rob Roy Creek corridor which are under the jurisdiction of the Army Corps of Engineers (ACOE). OWNER shall comply with applicable ACOE rules and regulations regarding ACOE jurisdictional wetlands. OWNER's plan for the development of the Residential Parcels will not adversely impact the Wetland Areas within the Rob Roy Creek corridor. Notwithstanding anything in this Agreement to the contrary the CITY agrees to grant OWNER the right to comply in all respects with the list of engineering requirements prepared by CM LaVoie & Associates, dated , 2008 and attached hereto as Exhibit "M". 29. ROUTE 34 CURB CUTS. The CITY agrees to cooperate with OWNER in an effort to procure and execute permits from the appropriate governmental agencies with jurisdiction to allow the construction of a minimum of five (5) curb cuts and street access on Route 34 to the Commercial Parcels as indicated on the Conceptual PUT) Plan. The location of the curb cuts have been approved on a preliminary basis by IDOT. OWNER and CITY acknowledge that IDOT, and not the CITY, shall have 16 July 1 , 2008 City Staff revisions to 6/11/08 version ultimate approval of the number and location of the curb cuts designed on Route 34 for the Commercial Parcels. The CITY agrees that it will not withhold or delay issuance of any building permits on the basis that a property owner has not yet dedicated any land to IDOT for road improvements to Route 34, provided the location of land dedication have been established and approved by IDOT Furthermore. the OWNER agrees that no occupancy permits will be issued until such land has been conveyed. The CITY agrees to work with OWNER to agree upon a phase plan for Route 34 road improvements that will be submitted to IDOT. 30. BEECHER ROAD CURB CUTS. The CITY agrees to issue curb cuts and street access onto Beecher Road as indicated on the Conceptual PUD Plan, in addition to a right-in right-out curb cut directly across from Kendall Marketplace's southernmost Beecher Road access drive. The final location of the curb cuts will be determined by OWNER subject to the approval of the CITY. The Parties acknowledge that Kendall Marketplace is constructing the Beecher Road intersection improvements that are located on the Kendall Marketplace property, including on the 3.4 acre parcel of land referenced in this Agreement. The CITY agrees that it will not withhold or delay issuance of any building permits to OWNER of the PROPERTY on the basis that any unrelated land owner has not or refuses to dedicate land to the CITY for road improvements to Beecher Road. 31. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, resolution or regulation of the CITY which may be in conflict with the provisions of this Agreement. 32. ECONOMIC INCENTIVE AGREEMENT. It is the intention of OWNER, that to the greatest extent possible, the costs of the installation of on-site and off-site public improvements for the PROPERTY shall be funded by a Business District and Special Service Area. At the request of OWNER, CITY shall enter into an Economic Incentive Agreement pursuant to 65 ILCS 5/8-I1-20 and shall approve all ordinances and execute all other agreements in connection therewith which may be necessary to reimburse OWNER or its assigns for the design and installation of those public improvements (the "Commercial Project Improvements") within or abutting the Commercial Parcels which (i) are directly attributable to the Commercial Parcels and (ii) do not qualify to be funded by the special service area established for the Residential Parcels under the provisions of paragraph 33 of this Annexation Agreement. The terms of the Economic Incentive Agreement shall contain the following provisions: (a) The costs of the Commercial Project Improvements (the "Project Improvement Costs") for which OWNER or its assigns shall be reimbursed, shall include costs of design and engineering paid, during_ construction,_ permit fces,_ inspection fees, insurance premiums and , - oe�eted: landdedicatlon. consh on bonds and amounts paid to contractors, subcontractors and suppliers for labor, material, and '"rua51 equipment used in constructing and installing the Commercial Project Improvements which shall not exceed $27,700,000.00. Notwithstanding the foregoing, in the event that construction of the shopping center portion of the proposed development has not commenced construction within eight (8) years of the date of this Agreement, then the CITY agrees to reasonably consider an increase the maximum dollar amount to incorporate the increased costs of construction of the DEVELOPMENT, (b) The amount for which OWNER and its assigns shall be reimbursed (the "Reimbursement Amount") shall consist of the DEVELOPMENT Improvement Costs plus interest at the rate of 5% per annum from January In of the year following the completion of construction of the respective improvement (as evidenced by contractor's swom statements and waivers) to the date of reimbursement. 17 July 1, 2008 City Staff revisions to 6/11/08 version (c) The commencement date for reimbursement shall be the date of issuance of a certificate of occupancy for 100,000 square feet or more of floor area operating on the Commercial Property. The termination date after which time the CITY shall no longer be required to make any reimbursement payments to OWNER or its assigns shall be 15 years after the commencement date for reimbursement. (d) During the reimbursement period the CITY shall pay to OWNER or its assigns one-half of any taxes imposed by the State of Illinois as a retailer's occupation tax or a retailer's service occupation tax or any other sales tax or successor tax which may be enacted by the State of Illinois as replacement thereto that are generated by the operation of any retail stores operating on the Commercial Parcels and are distributed to the CITY by the Illinois Department of Revenue. Such payments shall be made until the first to occur of the following: (i) OWNER has been fully reimbursed for the Reimbursement Amount (including interest); or (ii) the termination date of the Economic Incentive Agreement. Thereafter the CITY shall have no further obligation to make any payments under this Agreement to OWNER or their assigns. (f) The OWNER may request consideration within the Economic Incentive - Deleted: The CITY agrees to consider Agreement addressing cost effective green design standards as recommended by the U.S. Green. prodding up to 3/, of 1% ofthe local sales Building Council by the LEED program. tag to the OWNER or developer buildings m the PROPERTY [hat s i nclude "Green" provisions (g) With School District 988 consent _e CITY agrees to allow up to fifty (50%) of_ _ _ _ Deleted: T the real estate tax generated from the PROPERTY to be used to repay the bonds issued for the development of the PROPERTY as a secondary source for repayment of the bonds. This incentive shall expire upon the first to occur: five (5) years after the date of this Agreement; or when four hundred thousand (400,000) square feet of the shopping center has been leased; or when sales of one hundred twenty five million (125,000,000) have been achieved from stores in the shopping center. This incentive shall not be available if it is determined that the incentive will adversely impact the sale of the bonds. 33. ESTABLISHMENT OF SPECIAL SERVICE AREA AS FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS. At the OWNER's request, the CITY shall establish a special service area ("SSA") to be utilized as a funding mechanism, in the commercial portion of the PUD only, for acquisition, construction and installation of public improvements including but not limited to, engineering, surveying, soil testing and appurtenant work, mass grading and demolition, storm water management facilities, storm drainage systems and storm sewers, site clearing and tree removal, public water facilities, sanitary sewer facilities, erosion control measures, roads, streets, curbs, gutters, street lighting, traffic controls, sidewalks, paths and related street improvements, landscaping, wetland_ - , - Deleted: equipment and materials mitigation, public park improvements and tree installation, costs for land and easement acquisitions or necessary for the maintenancethereo[ dedications relating to any of the foregoing improvements, required tap-on and related fees for water or sanitary sewer services, required impact fees and dedications and other eligible costs to serve the Special Service Area (the "Special Services"). It is contemplated that the Business District Tax shall be the first source of payment for the Special Services. In the event that the Business District Tax is not adequate to pay for the Special Services, then the OWNER shall request the CITY to establish the SSA. The OWNER and CITY presently estimate the total cost of these Special Services, together with costs of borrowing money for that purpose, funding administrative expenses and providing for necessary debt service reserves and capitalized interest (collectively the "Costs of the Special Services") to be approximately Twenty Seven Million Seven Hundred Thousand Dollars ($27,700,000.00). The CITY acknowledges that it is in the best interests of the CITY to issue Special Service Area Ad Valorem Tax Bonds in a principal amount not to exceed Twenty Seven Million, Seven Hundred Thousand Dollars ($27,700,000.00) to pay or provide funds to pay the costs of the Special Services. The CITY and OWNER shall cooperate in good 18 July 1 , 2008 City Staff revisions to 6/11/08 version faith to identify and agree on an appropriate structure for the financing, which the CITY and OWNER currently believe will consist of an SSA pursuant to 35 ILCS 200/27-5 et sea., but which may be authorized and implemented under other legal frameworks acceptable to the CITY and OWNER. The CITY agrees to prepare and publish and mail the public notices required by the Special Service Area Act, and to hold the required public hearing to consider establishment of the Special Service Area, the issuance of the Bonds for the propose of paying the costs of the Special Services and the manner in which the Bonds are proposed to be retired and the proposed tax levy. Upon creation of the Special Service Area, the CITY agrees to issue bonds in the amount not to exceed Twenty Seven Million, Seven Hundred Thousand Dollars ($27,700,000.00). To the extent that the OWNER desires to utilize a special service area to construct public improvements in the residential areas, OWNER shall abide by CITY policies then in effect. 34. BUSINESS DISTRICT. A. Oualification of District. Prior to OWNER's execution of this Agreement the CITY agrees to take the necessary steps to formally qualify the PROPERTY as a Business District as described by the Business District Development and Redevelopment Act, 65 ILCS 5111-74.3 et seq. If the PROPERTY qualifies as a Business District under the Business District Development and Redevelopment Act, the CITY agrees to create a Business District. OWNER shall select a consultant from the CITY's list of preferred consultants and OWNER shall be responsible to pay CITY's consultant fees, but in no event more than twenty thousand k$20,000.00)bollars_ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CommentlTTlal:Needtovettfyftus ' amouvtu sufficient to covei these costs. : B. Amount of Business District Tax. The CITY agrees to allow for the generation of additional sales tax revenue on the Commercial Parcel, at a rate of not more than an additional one-half percent (1/2 n/o) tax. The OWNER agrees to not object to the creation of said Business District. C. Priority of Payments. One hundred percent (100%) of all revenues received as a result of the aforesaid additional tax shall be rebated back to the OWNER by CITY as reimbursement for OWNER's share of engineering expenses and improvement costs for Route 34, Beecher Road, and all other eligible expenses, pursuant to the following priority of reimbursements: (i) CITY and OWNER's share of Route 34 Improvements through Sycamore pursuant to an "Agreement for Sycamore Road Intersection Improvements" dated entered into between the Parties. (ii) Public Improvements for Commercial Development Phase I as eligible under state statute. (iii) Phase 2 of Route 34 Improvements from Sycamore to east side of creek. (iv) Public Improvements for Commercial Development Phase 2 as eligible under state statute. (v) Beecher Road Improvements to north PROPERTY line. 19 July 1 , 2008 City Staff revisions to 6/11/08 version (vi) Off-Site Sanitary Sewer extension (through Cobblestone South). (vii) North Beecher Road (north of PROPERTY line to Faxon Road) and Faxon Road improvements. In the event that there are not sufficient Business District taxes and/or local sales taxes generated to fund the improvements set forth in Section 34-C (vii) above, then such improvements shall not be required to be constructed by OWNER. D. Creation of Business District. In furtherance of same, at such time as OWNER requests, but not before OWNER and/or another developer has contracts to construct not less than 100,000 square feet of commercial floor area, as set forth in Section 32-C of this Agreement, the CITY agrees to issue the required public notices and hold the required public hearings required to create the Business District. 35. CITY ASSISTANCE. The CITY agrees to cooperate and provide any reasonable assistance requested by OWNER in applying for and obtaining any and all approvals or permits necessary for the development of the PROPERTY, including, but not limited to those required from the Illinois Environmental Protection Agency, the Army Corps of Engineers, the Federal Emergency Management Agency, the United States Environmental Protection Agency, Illinois Department Of Transportation ("IDOT"), the Illinois Department of Natural Resources, Kendall County, Kendall County Forest Preserve District, Bristol Township, Rob Roy Drainage District, Yorkville Bristol Sanitary District, Bristol Kendall Fire District, the United CITY of Yorkville Park Board, Plano Community School District No. 88, and Yorkville Community Unit School District 115. The CITY further agrees to reasonably cooperate with OWNER in obtaining all permits and approvals required by the applicable sanitary district, the County of Kendall and all other governmental units in connection with the contemplated development of the PROPERTY or any Phase thereof. OWNER may proceed with grading and installation of public improvements after CITY's approval of final engineering or other documentation called for hereunder and with the construction of homes prior to the issuance of access permits or other permits required for the development by Illinois Department of Transportation ("fDOT"), so long as such access permits have been applied for, and the CITY shall not delay the processing or approval of such engineering or documentation or the issuance of building permits for the reason that IDOT permit(s) have not yet been issued-d, , - - Deleted: Further and notwithstanding - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - the CITY Codes and ordinances to the 36. ADDRESSES. Within thirty 0 days after the final plat of subdivision for an phase contrary, the CITY sand'ena engineers, shun rtY ( ) Y P Y P including architect and engineers, shall of the Residential Parcels is approved, CITY will provide OWNER with the addresses of all lots within respond to submittal of plans from that phase for the purpose of expediting the process of obtaining utility installations by the applicable owNER within forty-sve (45) days of utility company or companies. owNER sh u be reviewed wit s by fourteen (14) days of submittal to the 37. SUBSEQUENT AMENDMENTS. It is understood and agreed that subsequent CITY. No new issues will be raised by q CITY staff and consultants on subsequent amendments of this Agreement, may be obtained solely by the owner of any portion or Phase of the reviews of resubmitted plans. PROPERTY, and the CITY as to such portion or Phase, without any action or approval of the owners of other portions of the PROPERTY if such amendments do not include the PROPERTY or affect duties or obligations of the owners of the balance of the PROPERTY. Special Uses, Rezonings, Variations, or an amendment of the Planned Development may be applied for and processed by the CITY without requiring an amendment of this Agreement. 38. "RIGHT TO FARM" LANGUAGE. The OWNER of the PROPERTY acknowledges that Kendall County has a long, rich tradition in agriculture and respects the role that farming continues to 20 July 1 , 2008 City Staff revisions to 6/11/08 version play in shaping the economic viability of the county, and that normal agricultural practices may result in occasional smells, dust, sights, noise and unique hours of operation that are not typical in other zoning areas. The OWNER of the property agrees to incorporate the "Right to Farm" language on the Final Plat of Subdivision and incorporate similar language within such other documents governing the subdivision if any property adjacent thereto is used or operated as a farm. 39. RESPONSIBILITIES OF OWNER. The OWNER shall not be required to perform any development obligations under this Agreement so long as OWNER is a passive title holder in the PROPERTY and does not act as a developer. Upon the transfer of OWNER's rights, title or interest in the Residential Parcels, Commercial Parcels, or any portion thereof to a developer, the covenants and obligations of OWNER hereunder as to such portion shall be performed by developer. Upon the transfer of OWNER' rights, title and interest in the Commercial Parcels or any portion thereof to the commercial developer, then the obligations of OWNER hereunder as to such portion shall be performed by the commercial developer. Until such time as any portion of the Residential Parcels or the Commercial Parcels is transferred to a developer or the commercial developer, the obligations hereunder as to such portion shall not be required to be performed by developer, as the case may be.,_ _ _ - Deleted: The CITY agrees that the OWNER is exculpated from any personal 40. OWNER'S CONTINUED OPERATIONS. OWNER shall be permitted to continue liability or obligation to perform the p conunianents and obligations set forth the operation of a farm upon all or any part of the PROPERTY as a farm until each such part is developed herein as to any phase of the PROPERTY pursuant to this Agreement. CITY agrees that during the pendency of any such operations, no municipal for which they do not act as developer and that the CITY will look solely to the sales tax shall be sought or collected by CITY from OWNER for any sales of farm produce from or upon party who develops such phase for such the PROPERTY. performance. ¶ 41. GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER and its successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNER, and the CITY. The obligations of OWNER hereunder with respect to the Commercial Parcels shall be binding on and inure to the benefit of any commercial developer of the Commercial Parcels. The obligations of OWNER hereunder with respect to the Residential Parcels shall be binding on and inure to the benefit of any residential developer of the Residential Parcels. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER hereunder shall not be deemed transferred to or assumed by any purchaser of a empty lot or a lot improved with a dwelling unit in the Residential Parcels who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. All Terms and Conditions Contained Herein. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of 21 July 1 , 2008 City Staff revisions to 6/11/08 version any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: (1) If to OWNER: LaSalle National Trost, as TMIT # 47016 c/o Drew Daniels Director of Development Sexton Companies 4415 W. Harrison Street Suite 535 Hillside IL 60162-1900 Tele: (708) 449-1250 Fax: (708) 449-0177 with a copy to: Schain, Burney, Ross & Citron, Ltd 222 N. LaSalle Street, Suite 1910 Chicago, IL 60601 Tele: (312) 332-0200 Fax: (312) 332-4514 Attn: Robert C. Kenny (2) If to CITY: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Tele: (630) 553-4350 Fax: (630) 553-7575 Attn: City Clerk with a copy to: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Tele: (630) 553-4350 Fax: (630) 553-7575 Attn: City Attorney or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 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 22 July 1 , 2008 City Staff revisions to 6/11/08 version addition, the CITY and OWNER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the PROPERTY. F. Agreement. This Agreement, and any Exhibits or attachments hereto, may he amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the CITY Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the PROPERTY not affected by such Agreement. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER to sell or convey all or any portion of the PROPERTY, whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER, and their successors or assigns, to develop the PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and CITY Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. 1. Term of Agreement. The term of this Agreement shall be twenty (20) years from the date of execution of this Agreement. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and OWNER. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNER's expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement maybe executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the final plat of any Phase of the Project. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, Yorkville-Bristol Sanitary District, or any other governmental agency that preempts the authority of the United CITY of Yorkville. 0. Time is of the Essence. Time is of the essence of this Agreement and all 23 July 1 , 2008 City Staff revisions to 6/11 /08 version documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. P. Legal Challenges. If for any reason and at any time, the annexation of the PROPERTY to the CITY is legally challenged by any person or entity by an action at law or in equity, the CITY shall: (i) cooperate with OWNER in the vigorous defense of such action through all proceedings, including any appeals; and (ii) take such other actions as may then or thereafter be possible pursuant to the Illinois Municipal Code to annex the PROPERTY and/or other properties to the CITY so that the annexation of the PROPERTY to the CITY can be sustained and/or effected. Q. Maior and Minor Modifications. The PROPERTY shall be developed in substantial compliance with the Final Plans and this Agreement. Changes to the Concept and Preliminary Planned Unit Development plans hereafter requested shall be evaluated and processed according to Section 10- 13-5.H and 10- 13.6 G, respectively, of the Planned Unit Development section of the CITY Zoning Ordinance. R. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the PROPERTY, the CITY and OWNER, including, but not limited to, county, state or federal regulatory bodies. [THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK] [SIGNATURES APPEAR ON THE NEXT PAGE] 24 July 1, 2008 City Staff revisions to 6/11/08 version IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNER: LASALLE NATIONAL TRUST, as Trustee under Trust # 47016 dated December 1, 1973 By: Its: CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: Its: Mayor ATTEST: By: Its: RCK/Sex ton-Yorkville/-06-11A8-Sexton-Annexation-Agent 25 LIST OF EXHIBITS EXHIBIT A-1 LEGAL DESCRIPTION OF PROPERTY EXHIBIT A-2 PLAT OF ANNEXATION EXHIBIT B CONCEPT PUD PLAN EXHIBIT C COMMUNITY GUIDELINES FROM APPEARANCE CODE EXHIBIT D DEVELOPMENT AREA PLAN EXHIBIT E FOX HILL SEWER RECAPTURE AREA EXHIBIT F APPLICABLE MUNICIPAL CODES: Zoning and Subdivision Codes in effect as of the date of this Agreement EXHIBIT G FEE SCHEDULE EXHIBIT H SYCAMORE ROAD INTERSECTION AGREEMENT EXHIBIT I CROSS SECTION FOR TEMPORARY DRIVEWAY EXHIBIT J LAND CASH CONTRIBUTION TABLE EXHIBIT K MEMORANDUM FROM THE CITY PARK BOARD, LAURA FIAAKE, TO JOSEPH DUFFY DATED MARCH 7, 2008 EXHIBIT L RECAPTURE AGREEMENT EXHIBIT M WETLAND AND STORMWATER REPORT EXHIBIT "I" RECAPTURE AGREEMENT THIS RECAPTURE AGREEMENT ("Agreement") is made and entered as of the _ day of 2008, by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation ("CITY") and LASALLE NATIONAL TRUST, as Trustee under Trust # 47016, dated December 1, 1973, an Illinois corporation ("Owner"). RECITALS: A. Owner is the owner of that certain real estate development located within the corporate limits of the CITY and commonly known as Rob Roy Falls Development ("Project"). B . Owner and the CITY have heretofore entered into that certain Annexation Agreement dated , 2008 ("Annexation Agreement") pertaining to the annexation and development of the Project within the CITY. C. Owner desires to recapture an allocable share of the costs of constructing certain of the public improvements for the Project ("Recapture Items") which will provide benefit to other properties ("Benefited Properties"), from the owners of the Benefited Properties ('Benefited Owners"). D. Owner and the CITY are desirous of entering into this Agreement to provide for the fair and allocable recapture by Owner of the proportionate costs of the Recapture Items from the Benefited Owners, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the parties hereby agree as follows: 1. RECAPTURE ITEMS. The Recapture Items, being elements of the public improvements to be constructed as a part of the development of the Project, are identified in Attachment "A" attached hereto ('Recapture Schedule"). The Recapture Schedule identifies each Recapture Item and the estimated cost to construct each Recapture Item ("Estimated Cost"). Owner shall cause each of the Recapture Items to be constructed in compliance with the provisions of the Annexation Agreement and to be accepted and conveyed to the CITY in accordance with applicable ordinances of the CITY. 2. BENEFITED PROPERTIES. The Benefited Properties are legally described in the Recapture Schedule attached hereto as Attachment "B". Each parcel of real estate contained within the Benefited Properties is referred to herein individually as a "Benefited Parcel". There are a total of ) Benefited Parcels as identified in the Recapture Schedule. 3. RECAPTURE COSTS. The Recapture Item(s) which the Corporate Authorities of the CITY have determined will benefit a Benefited Parcel and the prorata share of the Estimated Cost of each such Recapture Item to be allocated to such Benefited Parcel are set forth in the Recapture Schedule. The aggregate amount of the proportionate share of the Estimated Cost for each of the Recapture Items allocable to a Benefited Parcel is referred to herein as the "Recaptured Costs". The Recapture Costs for each of the Benefited Parcels shall be as identified in the Recapture Schedule. Compound Interest shall accrue on the Recapture Costs for the benefit of Owner at the rate of six percent (6%) per annum from the date the Recapture Item is completed by Owner until the Recapture Cost is paid. All references to Recapture Costs herein shall include accrued interest owned thereon. I 4. COLLECTION OF RECAPTURE COSTS. The CITY shall assess against and collect from the Benefited Owner of a Benefited Parcel, or any portion thereof, successors and assigns, the Recapture Cost, calculated under Paragraph 3 of this Agreement for such Benefited Parcel. At such time as a Benefited Owner, or its agent or representative, annexes and/or subdivides a Benefited Parcel, or any portion thereof, or subdivides the Benefited Parcel from a larger parcel of land, or applies to the CITY for issuance of a permit for connection to all or any of the Recapture Item by the CITY until such Benefited Parcel has fully paid the applicable Recapture Costs, owed by such Benefited Parcel under this Agreement. 5. PAYMENT OF RECAPTURE COSTS. Any Recapture Costs, collected by the CITY pursuant to this Agreement shall be paid to Owner, or such other person or entity as Owner may direct by written notice to the CITY, within thirty (30) days following collection thereof by the CITY. It is understood and agreed that the CITY's obligation to reimburse Owner shall be limited to funds collected from the Benefited Owners as provided herein, and payments made hereunder shall be made solely out of said funds. This Agreement shall not be construed as creating any obligation upon the CITY to make payments from its general corporate funds or revenue. 6. CITY'S OBLIGATION. The CITY and its officers, employees and agents shall make all reasonable efforts to make the aforesaid collections of the Recapture Costs, for each Benefited Parcel. Neither the CITY nor any of its officials shall be liable in any manner for the failure to make such collections, and Owner agrees to hold the CITY, its officers, employees and agents, harmless from the failure to collect said fees. In any event, however, Owner and/or the CITY may sue any Benefited Owner owing any Recapture Costs, hereunder for collection thereof, and in the event Owner initiates a collection lawsuit, the CITY agrees to cooperate in Owner's collection attempts hereunder by allowing full and free access to the CITY's books and records pertaining to the subdivision and/or development of the Benefited Parcel and the collection of any Recapture Costs therefore. In the event the CITY and any of its agents, officers or employees is made a party defendant in any litigation rising out of or resulting from this Agreement, Owner shall defend such litigation, including the interest of the CITY, and shall further release and hold the CITY harmless from any judgment entered against Owner and/or the CITY and shall further indemnify the CITY from any loss resulting therefrom, except to the extent such loss results from the grossly negligent or willfully wrongful act or conduct of the CITY or any of its agents, officers or employees. 7. CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in this Agreement shall limit or in any way affect the rights of the CITY to collect other fees and charges pursuant to CITY ordinances, resolutions, motions and policies. In the event the CITY approves a lower fee on any aspect of this Project to any other developer of any other development project in the CITY during the term of this Agreement, then OWNER shall be entitled to pay the lower fee pursuant to this PROJECT. The Recapture Costs provided for herein for each Benefited Parcel is in addition to such other CITY fees and charges. 8. TERM. This Agreement shall remain in full force and effect for a period of twenty (20) years from the date hereof, unless sooner terminated by the mutual agreement of the parties hereto or by the completion of all duties to be performed hereunder. In the event no portion of a Benefited Parcel is a part of a subdivision approved or recognized by the CITY and no connection permit as aforesaid is issued by the CITY of such Benefit Parcel within ten years following the date of this Agreement, this Agreement, and each and every duty and undertaking set forth herein pertaining to such Benefited Parcel, shall become null and void and of no further force and effect as to such Benefited Parcel. 2 9. LIEN. The recordation of this Agreement against the Benefited Properties shall create and constitute a lien against each Benefited Parcel, and each subdivided lot hereafter contained therein, in the amount of the Recapture Costs, plus interest, applicable hereunder to such Benefited Parcel. 10. MISCELLANEOUS PROVISIONS. A. Agreement: This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements and without the consent of any other person or corporation owning all or any portion of the Benefited Properties. B. Binding Effect: Except as otherwise herein provided, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Owner and any successor municipal corporation of the CITY. C. Enforcement: Each party to this Agreement, and their respective successors and assigns, may either in law or in equity, by suit, action, mandamus, or other proceeding in force and compel performance of this Agreement. D. Recordation: A true and correct copy of this Agreement shall he recorded, at Owners expense, with the Kendall County Recorder's office. This Agreement shall constitute a covenant running with the land and shall be binding upon the Benefited Properties in accordance with the terms and provisions set forth herein. E. Notices: Any notice required or desired to be given under this Agreement, unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery, on the date of confirmed telefacsimile transmission provided a hard copy of such notice is deposited in the U.S. mail addressed to the recipient within twenty-four hours following the telefacsimile transmission, or on the date when deposited in the U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: If to CITY: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Tele: (630) 553-4350 Fax: (630) 553-7575 Attn: City Clerk with a copy to: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Tele: (630) 553-4350 Fax: (630) 553-8330 Attn: City Attorney 3 If to OWNER: Sexton Companies 4415 W. Harrison Street Suite 535 Hillside IL 60162-1900 Tele: (708) 449-1250 Fax: (708) 449-0177 Attn: Drew Daniels Director of Development with copy to: Schain, Burney, Ross & Citron, Ltd 222 N. LaSalle Street, Suite 1910 Chicago, IL 60601 Tele: (312) 332-0200 - Fax: (312) 332-4514 Attn: Robert C. Kenny Attorney for Owner F. Severability. The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefited Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. G. Complete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto an no other prior agreement, excepting the Annexation Agreement, regarding the subject matter of this Agreement shall be deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. H. Captions and Paragraph Headings: Captions and paragraph headings incorporated herein are for the convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof. 1. Recitals and Exhibits: The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof. J. Enforceabiliri: This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. 4 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the date first above written. OWNER: LASALLE NATIONAL TRUST, as Trustee under Trust # 47016 dated December 1, 1973 By: Its: CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: Its: Mayor ATTEST: By: Its: 5 Page 6: [1] Deleted . Travis Miller ;! " 711/2008 4:24:00 PM r. As required by the CITY Engineer, OWNER shall connect the entire project, including that portion west of Rob Roy Creek to the watermain to be constructed on the Kendall Marketplace property located to the east of the PROPERTY. Due to the condition of the existing water system, the CITY acknowledges that the PROPERTY does receive a minimum benefit from a connection to the CITY watermain located south of Route 34 and west of Rob Roy Creek only during emergency situations when the watermain valve to be constructed by OWNER is manually opened. The CITY shall obtain the required easements of access for construction purposes over any portion of the Kendall Marketplace property necessary to allow connection to the Kendall Marketplace watermain, or the CITY shall require the developer of Kendall Marketplace to extend the watermain to the PROPERTY. Page 6: [2] Deleted'- ? Travis Miller '< '; 7/1/2008 4:24:00 PM The CITY acknowledges that the PROPERTY located east of Rob Roy Creek does not receive any benefit from a connection to the sanitary sewer located west of Rob Roy Creek and south of Route 34. The OWNER shall connect that portion of the PROPERTY located west of Rob Roy Creek to the sanitary sewer mains located south of Route 34. The Parties agree that the lift station located in Fox Hill Subdivision Unit 7 is sufficient to accommodate flows from that portion of the PROPERTY located west of Rob Roy Creek, and that no upgrades to the lift station are required. The CITY shall assist and cooperate with OWNER in its efforts to obtain adequate means of delivery of sanitary sewer capacity to the PROPERTY or, in the alternative, shall provide such means of delivery, subject however, to the requirements of the YBSD where appropriate. The CITY shall seek to obtain such governmental approvals and permits, but in the event that its best efforts are not successful, the CITY shall not be liable for any failure to provide adequate means of delivery of the sanitary sewer treatment capacity contemplated under this Subsection 9.B arising from its inability to obtain such approvals and permits; and the CITY undertakes no duty to pay for sanitary sewer extensions or system upgrades deemed necessary by YBSD to serve the PROPERTY. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILLIN IS HELD IN THE CITY COUNCIL CHAMBERS. IDRAFT 800 GAME FARM ROAD ON TUESDAY. MAY 27, 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 Ward III Moons Present Sutcliff Present Ward IV Besco Present (left 9: 10 p.m.) 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, City Engineer Wywrot, Deputy Clerk Pickering and Jennifer Milewski. OUORUM A quorum was established. IN'T'RODUCTION 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 Alderman Spears noted that the correct date for the Public Safety Committee meeting was Tuesday, May 30, 2008 at 6:00 p.m. She also asked that Item #1 of the Public Safety Committee report be moved up on the agenda to after the presentations and the City Council Report moved to after the Public Safety Committee report. Mayor Burd asked if all were in favor of the amendments and the City Council unanimously approved them with a voice vote. COMMITTEE MEETING DATES Public Works Committee 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 6:00 p.m., June 12, 2008 Yorkville Public Library Public Safety Committee 6:00 P.M., May 30, 2008 City Hall Conference Room PRESENTATIONS Special Olympics Deb Clason, along with Special Olympic athletes (Kylie Baker, Curtis Evans, Jeremy Kuehn and Neil Pagel) distributed copies of their newsletters. She explained that Special Olympics program in Kendall County was established in 1970. There are sixty participants from Plano, Yorkville, Oswego, etc. and they range in age from 8 to 55 years old. She explained that the athletes participate in individual sports such as bowling, swimming, snow shoeing, etc. The program is operated by the Kendall County Special Education Cooperative which pays for administrative and travel costs. 100% of the athletes cost such as uniforms, equipment and lodging are covered by private donations, fundraising activities and the Family Fun Festival every July. Ms. Clasen gave information on their website and the Family Fun Festival. She distributed copies of the Special Olympics' schedule and noted that the athletes had raffle tickets for the festival for sale. The Minutes of the Regular Meeting of the City Council — May 27, 2008 — page 2 Alderman Spears asked if the group accepted donations and Ms. Clason stated they did. Alderman Spears encouraged everyone to support the organization by making donations or buying raffle tickets. PUBLIC SAFETY COMMITTEE REPORT Request for Sponsorship Kendall County Special Olympics "Family Fun Festival" (PS 2008-18) A motion was made by Alderman Spears to approve the request for sponsorship of the Kendall County Special Olympics "Family Fun Festival" in the amount of $250.00; seconded by Alderman Plocher. Alderman Spears indicated that the sponsorship received an overwhelming vote of support from the Human Resource Commission. Motion approved by a roll call vote. Ayes-7 Nays-0 Werderich-aye, Golinski-aye, Besco-aye, Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye CITY COUNCIL REPORT Resolution 2008- 20 Supporting the Kendall County Special Olympics (CC 200843) Alderman Spears read the resolution supporting the Kendall County Special Olympics. She then made a motion to approve a resolution supporting the Kendall County Special Olympics; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-7 Nays-0 Golinski-aye, Besco-aye, Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye, Werderich-aye PUBLIC HEARINGS None. CITIZEN COMMENTS None. CONSENT AGENDA 1 . Water Department Report for March 2008 (PW 2008-68) 2. Water Department Report for April 2008 (PW 2008-69) 3. McHugh Road Roadway improvements — Bid Results —Award contract to Aurora Blacktop, Inc. in an amount not to exceed$178,371.85 (PW 2008-70) 4. Asphalt Surface Treatment — Bid Results —Award contract to CAM, LLC in an amount not to exceed $47, 005.10 (PW 2008-71) 5. Resolution 2008-21 - Crack Filling Project — Bid Results and MFT Appropriation Resolution — award contract to SKC Constructions, Inc. in an amount not to exceed $25,289.35 and approve supplemental MFT resolution and authorize City Clerk to execute (PW 2008-72) 6. Van Emmon Water Service Transfers — Change Order #1 - authorize decrease in the amount of $4,061. 75 and authorize the Mayor execute (PW 2008-73) 7. Kendall Marketplace — Temporary Entrance Permit Bond Release - authorize release of st. Paul Traveler 's Bond No. 104666919 in the amount of$2,500.00 (PW 2008-74) 8. 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 (PW 2008-75) 9. Grande Reserve — Letter of Credit Expirations - authorize City Clerk to call letters of credit if they are not renewed by August 2, 2008 (PW 2008-76) 10. Wells 3 & 4 Treatment Facility — Certificate Regarding Operations & Maintenance - authorize the Mayor and City Clerk to execute (PW 2008-80) 11. Ordinance 2008-22 - Amending Ordinance 2008-38 Providing for the Registration of Mobile Food Vender Units — authorize the Mayor and City Clerk to execute (PS 2007-28) Mayor Brad entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Munns; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes-7 Nays-0 Munns-aye, Plocher-aye, Spears-aye, Sutcliff--aye, Werderich-aye, Besco-aye, Golinski-aye The Minutes of the Reeular Meetine of the City Council — May 27, 2008 — naee 3 PLAN COMMISSION/ZONING BOARD OF APPEAL Director Miller reputed that the next Zoning Board of Appeal meeting will be June 3, 2008 and the next Plan Commission meeting was scheduled for June 11, 2008. The Comprehensive Plan Citizen Advisory Committee will meet on May 28, 2008 and the Plan Commission Consortium was scheduled to meet in July in Big Rock, Illinois however the date and location were still pending. MINUTES FOR APPROVAL A motion was made by Alderman Munns to approve the minutes of the City Council meeting of April 22, 2008; seconded by Alderman Besco. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Morris to approve the paying of the bills listed on the Detailed Board Report dated May 22, 2008 totaling the following amounts: checks in the amount of$258,141 .09 (vendors FY 07/08); $266,752.18 (vendors FY 08/09); $2,107.61 (payroll period ending 5/9/08); $2,107.61 (payroll period ending 5/10/08); for a total of$785,862.53; seconded by Alderman Plocher. Alderman Spears questioned the following items on the bill list: o Page 15 — Nelson Enterprises, Inc. in the amount of $157.50. Director Mika explained that the bill was for advertising the city on WSPY. She did not know the specifics and stated she would investigate and get back to Alderman Spears. o Page 17 — Kathleen Field Orr — Autumn Creek — in the amount of$ 11 ,350.50. Director Miller explained that Attorney Orr was in the process of negotiating the recapture agreement that was included in the Annexation Agreement. The recapture agreement will be in front of the Economic Development Committee in July. o Page 38 — Yorkville Clerk's Account — Comm/Dev - Pobol Property in the amount of $40.00. Director Miller explained that this was for the recording of the Annexation Agreement. o Page 38 —Yorkville General Fund — admin — liquor background check — in the amount of $117.75 and Yorkville Police Department - admin — liquor background check — in the amount of $216.25. She questioned why one fee was taken out of the General Fund and why there was a difference in the amounts. Chief Martin stated that the liquor background checks do not come out of the police - budget but rather the Administration Committee budget. Director Mika stated that she would have to research the matter. Alderman Besco questioned the following: o Page 24 — BNY Midwest Trust Co. — Countryside — Interest Payment in the amount of $71,433.75. He asked if the developer was paying for this. Director Mika stated that the developer was not paying this and that it was a bond payment. Attorney Orr explained that the bond was being paid by accrued interest. Motion approved by a roll call vote. Ayes-7 Nays-0 Munns-aye, Plocher-aye, Spears-aye, Sutcliff--aye, Werderich-aye, Besco-aye, Golinski-aye REPORTS MAYOR'S REPORT Appointment of Ward 1 Alderman Replacement (CC 2008-38) Mayor Bard reported that she received three applicants for the Ward I aldermanic position and all the candidates were very qualified so it was difficult to choose. She chose Scott Gengler, an Oswego High School teacher, because he grew up in Yorkville and she felt he would be dedicated and proactive. Mayor Hurd entertained a motion to approve the appointment of Scott Gengler as alderman of Ward I to complete Jason Leslie's term of office. So moved by Alderman Mounts; seconded by Alderman Plocher. Alderman Werdericb requested a Special City Council meeting before a vote of approval so that all the applicants would an opportunity to speak to the Council. He felt that while the mayor has the right to appoint a replacement, the City Council votes to approve it. He asked that the matter be tabled until after the special meeting. Attorney Orr noted that the matter could be tabled and a special City Council meeting scheduled if three aldermen request the meeting. A motion was made by Alderman Werderich to table the approval of the appointment until the next City Council meeting; seconded by Alderman Spears. The Minutes of the Regular Meeting of the City Council — Mav 27. 2008 — page 4 Motion approved by a roll call vote. Ayes-4 Nays-3 Besco-aye, Sutcliff--nay, Munns-nay, Spears-aye, Plocher-nay, Werderich-aye, Golinski-aye Mayor Bard noted that according to state statute the mayor votes when four alderman vote in the affirmative. Attorney Orr left the room to clarify the statute. She returned, read it to the City Council and after a brief discussion it was her opinion that the mayor does not vote. Appointments to Boards and Commissions (CC 2008-39) Mayor Bard entertained a motion to approve the appointment of Garrick Gillette to the Park Board. So moved by Alderman Golinski; seconded by Alderman Munns. Alderman Spears asked Mr. Gillette to introduce himself to the City Council. Mr. Gillette explained that he was a nine year resident of Yorkville and had two children. He is active in the community through his involvement with Youth Tackle Football and Yorkville Youth Baseball (which he recently resigned from). He stated that he felt that he could make an impact by serving on the Board. 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 Appointment of Hearing Officers (CC 2008-40) Mayor Burd asked Attorney Orr to update the Council on this item. Attorney Orr reminded the Council that the city adopted an ordinance allowing for the administrative adjudication of local ordinances. All violations will be heard at city hall by local lawyers. Violators can plead before these attorneys however they will not be required to hire their own attorney. The Police Department is spearheading the project which numerous municipalities already have in place. Mayor Burd explained that she was appointing Carlo Colosimo and Greg Ingemunson as hearing officers. Mayor Burd entertained a motion to appoint Carlo Colosimo as Hearing Officer for the United City of Yorkville. So moved by Alderman Smoliff; seconded by Alderman Munns. Alderman Werderich asked how much the city was paying the attorneys. Mr. Colosimo explained he took the job without knowing the pay. Alderman Werderich noted that the City Council wasn't informed on the cost of these services. Alderman Besco asked if the attorneys could also represent developers. Attorney Orr explained that Mr. Colosimo has no work pending with developers and Mr. Ingemunson will have his cases with developers resolved before he begins working for the city. Both have also agreed to refrain from representing developers while they are hearing officers. Alderman Werderich asked how the attorneys found out about thejob and Mr. Colosimo explained he was present at the meeting when the ordinance was approved. Alderman Werderich asked if the job was posted. Attorney Orr explained that this was not a job so there was no posting. She further explained that the City Council hasn't determined the amount to be paid the hearing officers. Alderman Werderich asked how Mayor Bard chose these attorneys from a lot of possibilities. Mayor Hurd stated that she picked people she knew were qualified and she has known Mr. Ingemunson professionally. Alderman Werderich asked the mayor if she consulted with Attorney Orr on her choice. Mayor Burd stated she did not; she made the choice on her own. Alderman Spears noted that she has not seen Mr. Colosimo before the City Council in a professional capacity with developers and felt he would serve the city well. Motion approved by a roll call vote. Ayes-6 Nays-1 Werderich-nay, Golinski-aye, Besco-aye, Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye Mayor Bard entertained a motion to appoint Greg Ingemunson as Hearing Officer for the United City of Yorkville. So moved by Alderman Munns; seconded by Alderman Sutcliff. Alderman Werderich noted that both candidates were fine attorneys however he was voting against the process; he did not like bow Mayor Bard determined the appointments. Alderman Munns noted that this was not a hired position but rather like any other board. Alderman Werderich commented that these appointments were different because the individuals were getting paid not volunteering their services. Attorney Orr noted that the hearing officers are required by the ordinance and state statute. They should be appointed for their confidence not as a political appointment. Alderman Werderich stated he was not The Minutes of the Regular Meeting of the City Council — May 27, 2008 — Page 5 implying that this was a political appointment. He felt that the City Council should know what the lawyers are being paid before they are appointed and that the process was not fair because other attorneys did not know where to apply. Mayor Burd explained that two attorneys were needed for the process and everyone was familiar with her two appointees. She stated that this was not a "hidden process". Alderman Besco stated that he understood Alderman Werderich's concerns. He noted that there wasn't a job description or pay scale in place for the hearing officers. Attorney Orr indicated that the job description is outlined in Ordinance 2008-08 however the pay scale was not included. Alderman Spears noted that Mr. Ingemunson was still working with developers. Attorney Orr stated that he was at the "tail end" of this. She explained the process used to prepare the hearing officers and felt that the sitting of the officers was still one to two months away. Alderman Spears stated that she was not comfortable progressing with this appointment at this time. She asked if the Council could just approve one position for now. Attorney Orr noted that it would cost the city more for two training sessions instead of one. Alderman Spears suggested that the training be delayed. Attorney Orr reiterated what the ordinance called for. Alderman Werderich stated that the need for two attorneys was never discussed with the City Council. He stated that the ordinance is written in the singular rather than the plural. Attorney Orr explained that the ordinance was written this way because one officer is needed per hearing. Alderman Golinski asked Attorney Orr if it was her experience to appoint a well known local attorney or one from outside the area. Attorney Orr stated that she has seen the appointment of both but that local attorneys have a better understanding of the city so the majority of communities appoint someone local. Alderman Spears reiterated that currently Mr. Ingemunson had a conflict of interest. She also noted that he has also represented Council members in personal business and she felt this could look bad to residents. Motion approved by a roll call vote. Ayes-3 Nays-2 Abstain-I Sutcliff--aye, Munns-aye, Spears-nay, Plocher-abstain, Werderich-nay, Golinski-aye Alderman Besco was not present for the vote. Swearing-in of Appointed Officials (CC 2008-41 ) Mayor Burd noted that appointed officials have not been sworn in yet. She asked the City Attorney Kathleen Field Orr, City Administrator Brendan McLaughlin, Chief of Police Harold Martin, Parks and Recreation Director Dave Mogle, 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, Hearing Officer Carlo Colosimo and Hearing Officer Greg Ingemunson to stand and she swore them in. Metropolitan Mayor's Caucus Update (CC 2008-42) Mayor Hurd updated the City Council on the Metropolitan Mayor's Caucus where at the last meeting, the Brookings Institute gave a PowerPoint presentation (see attached). The group also discussed that downtown Chicago was not seeing much effect from the economic down turn. Mayor Burd also reported that she would be attending an economic forum and invited the Chamber of Commerce and aldermen interested in a better outlook to attend. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT Annual Police Pension Report (CC 2008-44) Treasurer Powell presented the Annual Police Pension Report (see attached). The balance as of May 1 , 2007 was $2,156,872.18. Total contributions were $457,741 .56 and total expenses were $154,337.51 for The Minutes of the Regular Meeting of the City Council — May 27, 2008 — oaae 6 a fiscal yearend balance of$2,960,321 .93. Treasurer Powell explained that now that the fund has exceeded $2.5 million investing procedures can be changed which will increase the rate of return. Mayor Burd commented that when she attended the lobby day with Metro West she learned that there is a lobby for pension funds because some communities are facing problems. She asked Treasurer Powell if the fund was having any problems. Treasurer Powell indicated that two officers retired last year and as more retire the fund will diminish however new officers have been hired who are adding to it. Also, as new officers are added the tax levy increases. Overall the fund saw an increase. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that the water tower bid was moving forward. CHIEF OF POLICE'S REPORT Chief Martin reported the police department conducted a tobacco compliance check and no one sold to underage individuals. He also reported that the city, along with Old Second Bank, will be holding a safety fair on July 26, 2008 from 10:00 a.m. to 1 :00 p.m. at the bank's Countryside location. Residents can drop off confidential documents at the fair for destruction. DIRECTOR OF PARKS & RECREATION'S REPORT Director Mogle reported that over a yew ago the city applied for a small grant to use on the property across from F.E.Wheaton and it recently received $49,600.00 and the snatch is in-kind labor. COMMUNITY DEVELOPMENT DIRECTOR REPORT No report. COMMUNITY RELATIONS OFFICER'S REPORT No report. COMMUNITY & LIAISON REPORT Park Board Meeting Alderman Plocher reported he attended the Park Board meeting where they discussed the development of Hoover. Aurora Area Convention and Visitor's Bureau Alderman Golinski reported that he attended the Aurora Area Convention and Visitor's Bureau Board of Director's meeting where they discussed their goals and marketing plan for 2009 along with the small meeting market. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2008-40 Authorizing the Execution of an Annexation and PUD Agreement Windmill Farms (Jake Land Group, LLC) (PC 200742) A motion was made by Alderman Golinski to approve an ordinance authorizing the execution of an Annexation and PUD Agreement with Jake Land, LLC ("Owner/Developer"), as presented, and authorize the Mayor and City Clerk to execute all documents; seconded by Alderman Besco. Alderman Golinski reported that this is the development at Routes 126 and 71 . Public hearings were held before the Plan Commission and the City Council and the developer has worked the bugs out and agreed to staff comments. The Minutes of the Regular Meeting of the City Council — May 27. 2008 — page 7 Alderman Spears questioned the comment regarding 51% of signed petitions. Director Miller explained that the petitions were part of the applications. Attorney Dan Kramer, representing the developer, added that all the people in the area signed the petition under oath. Alderman Werderich noted that former Alderman Leslie had concerns with the development. Attorney Kramer explained that Mr. Leslie participated in the Economic Development Committee meetings and his concern was with the town homes which have since been removed from the plan. Alderman Spears asked if flex zoning was applied and Attorney Kramer stated it was and that it allowed for office buildings or age restricted active adult community. Director Miller disagreed; the PUD allows for a mix of uses and the location and number of units is precise but can be refined as the process proceeds. Alderman Plocher asked why boat sales were removed from the B-3 zoning. Attorney Kramer stated that there wasn't enough space to allow for this use. Alderman Plocher also asked why ticket sales were also deleted. Attorney Kramer and Director Miller stated that a Ticketmaster site would be an applicable use. Alderman Spears noted that she asked that this use be removed in a similar agreement. Alderman Sutcliff noted that the property borders farmland and asked if water issues were taken into consideration. Director Miller stated that the drainage submits to the applicable ordinance. Furthermore, the property owner to the east requested provisions for drainage, buffering, etc. be included in the agreement. Attorney Kramer confirmed that the developer met with the Block family to work out issues. Alderman Besco noted that there is a great amount of on-site water storage and he felt confident there wouldn't be any problems. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye, Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye Ordinance 2008-41 Annexing Windmill Farms (Jake Land Group, LLC) (PC 2007-42) A motion was made by Alderman Golinski to approve an ordinance annexing Windmill Farms, as presented, and authorize the Mayor and City Clerk to execute; seconded by Alderman Bosco. Motion approved by a roll call vote. Ayes-7 Nays-0 Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye Ordinance 2008-42 Rezoning Windmill Farms (Jake Land Group, LLC) (PC 2007-42) A motion was made by Alderman Golinski to approve an ordinance rezoning certain property in furtherance of an Annexation Agreement, as presented, and authorize the Mayor and City Clerk to execute; seconded by Alderman Bosco. Alderman Werderich asked if an asphalt plant was planned for the property and Attorney Kramer stated no and the rezoning allowed for gas stations, dry goods store, general retail, etc. Motion approved by a roll call vote. Ayes-7 Nays-0 Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye Rezoning Certain Property in Furtherance of an Annexation Agreement Lincoln Prairie (PC 2008-17) A motion was made by Alderman Golinski to approve an ordinance rezoning certain property in furtherance of an Annexation Agreement, as presented, and authorize the Mayor and City Clerk to execute; seconded by Alderman Moons. Alderman Werderich asked if the rezoning allowed for an asphalt plant. Director Miller stated it did. Alderman Werderich asked if the City Council was aware of this use when the Annexation Agreement was approved and Director Miller explained that the special use for an asphalt plant was included in the agreement. Alderman Besco noted that when this was brought forward the developer gave a presentation showing that state-of-the-art technology would be used at the site which would address the hydro carbons and smell from the plant. The Minutes of the Regular Meeting of the City Council — May 27, 2008 — pate 8 Alderman Spears commented that she was not in favor of the business as she felt it was not appropriate for the site especially with the proposed waste transfer station in the same area. She expressed her concern with the impact on traffic in the area. Alderman Munns stated he would like to see current information on the operation concerning odors. He agreed with Alderman Spears regarding the asphalt plant's negative impact on the roads. He stated that he did not feel this was a good use at this time. Alderman Golinski agreed with Aldermen Spears and Manus however the plant was already approved with the agreement. He asked if the city was obligated to approve this use. Attorney Orr read from the agreement regarding the M-2 zoning and stated that an asphalt plant fits into the zoning. She explained that this annexation agreement was approved in 2005 but the property was never rezoned as agreed to when annexed; this is a housekeeping item. She noted that if the rezoning is not approved, the city would be violating the annexation agreement. Alderman Besco asked if there was a possibility to negotiate road improvements on Eldamain Road to Galena Road. Attorney Orr noted that the agreement only provides improvement to the road in front of the plaint. Alderman Plocher asked who would be running the plant and Administrator McLaughlin stated it will be the Healy Asphalt plant. Alderman Plocher asked if the rezoning could be tabled and the matter discussed further in executive session. A motion was made by Alderman Plocher to table the approval of the rezoning; seconded by Alderman Sutcliff. Motion approved by a roll call vote. Ayes-7 Nays-0 Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye Ordinance 2008- 43 Approving the First Amendment Annexation Agreement and PUD Agreement Yorkville Town Center (Raycorp, Inc.) (PC 2008-04) A motion was made by Alderman Golinski to approve an ordinance approving the first amended Annexation Agreement and PUD Agreement with Raycorp, Inc. ("Owner/Developer"), as presented, and authorize the Mayor and City Clerk to execute; seconded by Alderman Besco. Alderman Werderich distributed a map (see attached) and expressed concern with the affects of traffic on the Sunflower and Greenbriar subdivisions. He felt that there will be additional traffic on Greenbriar Road due to the new traffic signal. He asked that this be remedied with signage. Alderman Spears asked if Walsh Drive was a collector and was told it was not. She agreed with Alderman Werderich that signage is needed. Alderman Golinski agreed that a sign could be used at Walsh and Greenbriar. Director Miller explained that a warrant study would be needed before any traffic signals are installed. He stated that one was done a few years ago and no sign was recommended due to lack of traffic volume. He stated that if it is found that traffic volume has increased the area could be reevaluated. Alderman Plocher asked if the petitioner would pay for the traffic study. Tony Graff, representing the developer, stated the developer was cooperating with the city by having the study for the Route 71 traffic light done. He stated that if the city wanted to increase the scope of the study the developer was open to discuss this. Chief Martin stated that he has put an officer with radar and the speed trailer in the area. He advised residents to contact the police department with their concerns so that he could out a squad in the area. Alderman Werderich stated that he discussed the traffic study with his constituents who expressed their concerns with traffic and felt a new study would yield different results. Alderman Spears stated she reviewed the zoning in the document and she requested the removal of an army surplus store, billiard parlor, etc. She questioned the use of drive through facility and Director Miller stated that this applied to fast food restaurants, pharmacies, etc. Alderman Spears noted other uses she felt were inappropriate for the property such as amusement park, boat launch, etc. which the developer agreed to remove. Alderman Plocher asked that personal loan facilities also be removed; the developer agreed. The Minutes of the Regular Meeting of the City Council — May 27, 2008 — page 4 Alderman Munns questioned Alderman Spears' reason for the removal of the army/navy store and she explained she felt it was "tacky" and too close to a residential area. After a brief discussion, Alderman Munns agreed with Alderman Spears' request. There was further discussion regarding traffic and Director Miller clarified that a traffic study was being done for Route 71 in order to obtain an IDOT permit however it was his understanding that the scope of the study be increased to cover the area proposed by Alderman Werderich. Attorney Out suggested that this be addressed on page 4, section 2 of the agreement and she clarified the wording which would include an expanded area for the study. There was more discussion on who would be responsible for paying any additional cost incurred by expanding the scope of study and Administrator McLaughlin stated the developer would. Mr. Graff noted that the developer has been working on this for quite awhile and this was never brought up. He stated that the traffic problem in Sunflower currently exists and the developer should not be responsible to correct it. He asked where the study should begin and end. Administrator McLaughlin asked that Walsh Drive be included in the study because the new development will exacerbate the current situation. Mr. Graff and the developer felt the issue could be resoved with the additional language to the agreement. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Plocher-aye, Werderich-aye, Golir i-aye, Besco-aye, Sutcliff-aye, Munns-aye Ordinance 2008-44 Rezoning - Yorkville Town Center (Raycorp, Inc.) (PC 2008-04) A motion was made by Alderman Golinski to approve an ordinance rezoning certain property in furtherance of an Annexation Agreement, as presented, and authorize the Mayor and City Clerk to execute; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-0 Werderich-aye, Golinski-aye, Besco-aye, Sutcliff=aye, Mums-aye, Spears-aye, Plocher-aye PUBLIC SAFETY COMMITTEE REPOR (continued) Amending the Code of Ordinances Providing for the Registration of Solicitors, Hawkers and Itinerant Merchants (PS 2007-28) A motion was made by Alderman Spears to table the ordinance amending the code of ordinances providing for the registration of solicitors, hawkers and itinerant merchants; seconded by Alderman Golinski. Alderman Spears noted that this was being tabled in order to add additional language to the code. Motion approved by a roll call vote. Ayes-6 Nays-0 Sutcliff=aye, Mums-aye, Spears-aye, Plocher-aye, Werderich-aye, Golir i-aye, Besco-aye ADMINISTRATION COMMITTE REPORT No report. ADDITIONAL BUSINESS Ward I Meeting Alderman Werderich announced that there will be a Ward I meeting on June 3, 2008 at 7:00 p.m. in the City Council Chamber. Special City Council Meeting Alderman Werderich stated he would work with staff to determine the date for the Special City Council meeting that he recommended earlier. Property Maintenance Alderman Manna noted grass on the two properties on the south corners of Route 47 and Somonauk is in need of cutting. Director Dhuse stated he would contact the state who owns the property on the southwest corner and will turn the other complaint in to the property standards department. Prairie Meadows Problem Alderman Spears thanked staff for working on the problem in the Prairie Meadows subdivision. Van Emmon and Tuscany Issues Alderman Plocher asked if there had been any progress on the Van Emmon or Tuscany projects. Administrator McLaughlin stated that both were moving forward. Neighborhood Beautification Project Alderman Sutcliff reported that the new neighborhood beautification project had started and anyone interested in participating should call her. The Minutes of the Regular Meeting of the City Council — May 27, 2008 — page IO EXECUTIVE SESSION Mayor Burd entertained a motion to go into executive session for the purpose of: o For the purchase or lease of real property for the use of the public body. o For litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. Mayor Bard noted that no action would result from the executive session. So moved by Alderman Spears; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes-6 Nays-0 Spears-aye, Sutcliff-aye, Werderich-aye, Golinski-aye, Munns-aye, Plocher-aye The City Council took a short break and entered into executive session at 9:25 p.m. The City Council returned to regular session at 10: 10 p.m. ADJOURNMENT Mayor Brad entertained a motion to adjourn. So moved by Alderman Munns; seconded by Alderman Golinski. Motion unanimously approved by a viva voce vote. Meeting adjourned at 10: 11 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois MINUTES OF THE REGULAR MEETING OF THE CITY COUNC OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILLP OIS, HELD IN THE CITY COUNCIL CHAMBERS. DRAFT 800 GAME FARM ROAD ON TUESDAY, JUNE 10, 2008. Mayor Bard called the meeting to order at 7:08P.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 Ward III Munns Present 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, Police Chief Martin, Police Lieutenant Schwartzkopf, Director of Park & Recreation Mogle, Community Development Director Miller, City Engineer Wywrot and Public Relations Officer Spies. OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Bard 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 Alderman Spears asked that #4 - Authorization of Application for 2008 OSLAD Grants (CC 2008-45) be removed from the consent agenda and placed on the regular agenda under the Public Works Committee Report. Alderman Werderich asked that #9 - IDOT Letter of Understanding - Countryside Center Drive (PW 2008-76) be removed from the consent agenda and placed on the regular agenda under the Economic Development Committee Report. Attorney Orr asked if the City Attorney's Report could be moved up earlier on the agenda. Mayor Bard asked if all were in favor of the amendments and the City Council approved them with a voice vote. COMMITTEE MEETING DATES Public Works Committee 6:00 p.m., June 17, 2008 City Hall Conference Room Economic Development Committee 7:00 P.M., July 1, 2008 City Hall Conference Room Administration Committee 6:00 p.m, June 12, 2008 Yorkville Public Library Public Safety Committee 6:00 P.M., June 26, 2008 City Hall Conference Room Mayor Burd noted that she attended the Library Board meeting where they upheld their policy that the City Council cannot meet in their board room due to security issues. Alderman Munns commented that he didn't understand why the Council could not use the room since it is funded by taxpayer's money. ATTORNEY'S REPORT Attorney Orr noted that at the last City Council meeting she made an incorrect ruling regarding the Mayor voting when one half of elected alderman vote. She read from Illinois municipal law and clarified that the The Minutes of the Regular Meeting of the City Council — June 10, 2008 — page 2 number of voting aldermen is determined by the elected places. She stated that she wanted this clarified in the event she is asked to rule on the matter again. Alderman Spears objected to the ruling and Alderman Besco agreed. She stated that the statute states "elected" officials and only seven were present. Attorney Orr explained that she corrected her ruling because the statute uses different terminology. Alderman Werderich disagreed with her stating that the statute is clearly stated. He didn't feel there were any rulings to support Attorney Orr's position. Alderman Besco asked if the City Council should get a legislative attorney's opinion on the matter. Mayor Bard stated that if a legislative attorney supported the opinion that she does not vote, she would have to take the matter to court. Alderman Golinski stated that Attorney Orr was comparing "apples to oranges". Attorney Orr stated that her opinion was based on the wording "elected" versus "members holding office". Alderman Golinski asked for a written opinion on the matter. Alderman Spears read from the statute and again questioned the reason for Attorney Orr's change of ruling. Attorney Orr stated she would do further research on the ruling and it was the consensus of the Council for her to do so. PRESENTATIONS None. PUBLIC HEARINGS Raging Waves, LLC and Betty O'Keefe Raging Waves, LLC and Betty O'Keefe, Family Limited Partnership, an Illinois Limited Partnership, have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to Planned Unit Development agreement. The real property consists of approximately 140.95 acres at the southeast corner of Route 47 and Galena Road, Yorkville, Illinois. Please see attached Report of Proceedings by Teresa S. Grandchamp, C.S.R. from Depo Court Reporting Service for the transcription of this portion of the public hearing. CITIZEN COMMENTS Dan Duffy, former resident and current Yorkville business owner, thanked the Council for the opportunity to address them. He recommended Scott Gengler for Ward I alderman. He explained that he knew Mr. Gengler since he coached him in high school and that he was a very dedicated athlete. He felt lie would make a good alderman since he bas purpose and direction. He also noted that Mr. Gengler has lived his entire life in Yorkville, is well educated, independent and straight forward. He felt that the business of tabling and postponing the approval of Mr. Gengler as alderman was wrong and he felt that he would make an excellent addition to the City Council. Dan Walter, Fox Hill resident, expressed his concerns with the installation of the disc golf course in the Fox Hill East Park. He stated that he never received notification of the installation. He was afraid of disc being thrown into his yard as the first tee is seven feet from it and if the wind is blowing right it could carry discs into his yard. He has two small children and is concerned for their safety. Director Mogle explained that the disc course has been planned for several years for this park as well as one is Grande Reserve. It is a low impact sport consisting of twelve 6' tall baskets which are spaced throughout the park. Mr. Walter thought that since a SSA was established for the area, residents would have been notified. Mayor Bard explained that the SSA and the use a city park are two different things. Alderman Manus further explained that the SSA covers the maintenance of the trails and open space. He suggested that residents be notified when the use of older parks changes. Director Mogle apologized for the lack of notification to the residents. Tom Gilmore commented on the Ward I vacancy. He stated that he did not feel that any of the candidates had any shortcomings but personally he did not believe that sports meant a good candidate. He stated that he supported George Gilson and asked the City Council to take a second look at him. CONSENT AGENDA 1 . Police Reports for April 2008 (PS 2008-19) 2, Ordinance 2008-45 - Amending City Code to Add Additional Class G: Beer Garden/Patio Liquor License — authorize Mayor and City Clerk to execute (PS 2008-20) 3. Ordinance 2008-46 - Amending the Code of Ordinances Providing for the Regulation of Vehicle Speed Upon Certain Streets — authorize Mayor and City Clerk to execute (PS 2008-21) The Minutes of the Regular Meeting of the City Council — June 10, Z008 — page 3 4. Richard Marker Association, Inc. — Southeast Quadrant IL 47/Ament Road 1 1/2 Mile Review — approve recommendations to the Kendall County Board as presented (PC 2008-07) 5. Ordinance 2008-47 - Approving a Preliminary and Final Plat of Subdivision for Stage Coach — authorize Mayor and City Clerk to execute (PC 2008-09) 6. Ordinance 2008-48 - Approving a Special Use permit Application for Titanium Investment Properties Daycare at 10 Prairie Pointe Lot 2B, Crimson Lane — authorize Mayor and City Clerk to execute (PC 2008-10) 7. Resolution 2008-22 - Approving a Time Extension for Recording the Final Plat of Subdivision for Yorkville Crossing Unit I (Wal-Mart) — authorize Mayor and City Clerk to execute (EDC 2008-22) Mayor Bard entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Munns; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes-7 Nays-0 Munns-aye, Plocher-aye, Spears-aye, Sutcliff-aye, Werderich-aye, Besco-aye, Golinski-aye PLAN COMMISSION/ZONING BOARD OF APPEAL Anne Lucietto, chairman of the Plan Commission, gave the City Council an update. She indicated that the Plan Commission Consortium has worked well together discussing items such as roads, historic preservation. She also reported that the next Comprehensive Plan Open house will be held on June 19, 2008 from 4:00 to 8:00 p.m. at the Library. Alderman Werderich asked her to give an overview of the Comprehensive Plan Update Committee and asked how the information from the open houses is considered. She explained that the committee broke into random groups of four to discuss various items. Each group had homework which they discussed in their groups and then as a whole. She stated that after the first open house the members wrote down various questions and discussed them at their May 2008 meeting. They will take public input from the next open house and discuss it at the Plan Commission meeting in July. The update is scheduled to be before the council in August. Alderman Besco noted that the Economic Development Committee had a good meeting with Plattville where Ms. Lucietto was very helpful in define boundaries. He indicated that Plattville is struggling in their first year on incorporation and he suggested that Yorkville extend a helping hand to them. Mayor Bud congratulated Ms. Lucietto and the Plan Commission for a wonderful job. Director Miller reported that the Zoning Board of Appeals discussed the O'Keefe property at their June meeting. MINUTES FOR APPROVAL A motion was made by Alderman Munns to approve the minutes of the City Council meeting of May 13, 2008; seconded by Alderman Plocher. Alderman Besco noted a minor typographical error and asked that it be corrected. 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 June 6, 2008 totaling the following amounts: checks in the amount of$248,432.65 (vendors FY 07/08); $1,183,763.69 (vendors FY 08/09); $265,622.97 (payroll period ending 5/24/08); for a total of $1,697,819.31 ; seconded by Alderman Plocher. Alderman Spears requested that the second item on page 15 a payment of$1,064.00 to Jennifer Fischer for a Global Issues Course be removed from the bill until it can be reviewed by the labor attorney. Attorney Ort suggested that information on this subject not be distributed until confirmation from the labor attorney is received so as not to violate any personnel rules. Mayor Burd asked if the reimbursement policy was followed and both Director Mika and Administrator McLaughlin stated that this was approved in the budget and the reimbursement policy was followed. Alderman Spears disagreed stating that this employee's education is going beyond the required 64 hours of education and thus against the education reimbursement policy. She requested an executive session at the next City Council meeting to discuss this further. A motion was made by Alderman Spears to remove invoice #052808 from the bill list; seconded by Alderman Golinski. The Minutes of the Regular Meeting of the City Council — June 10, 2008 — page 4 Alderman Besco noted that a similar requested was previously denied and he asked if this was the same item or a new one. Mayor Burd suggested that this be discussed further in the requested executive session especially since another similar request was recently approved. She suggested that some consistency be applied to this type of request. Motion approved by a roll call vote. Ayes-6 Nays-1 Sutcliff-nay, Werderich-aye, Besco-aye, Golinski-aye, Munns-aye, Plocher-aye, Spears-aye Alderman Spears asked if the original motion needed to be amended. Alderman Plocher withdrew his second; Alderman Munns withdrew the motion. A motion was made by Alderman Munns to approve the bill list as amended; seconded by Alderman Plocher. Alderman Spears questioned an item on page 19, Laner, Machin, Dombrow, Becker in the amount of $1215.00 for labor counseling. She noted that the city has previously used another firm for labor matters and asked why this was changed. Attorney Orr indicated that when she became city attorney she introduced another attorney who works with her in these matters. She suggested that he could come to the next meeting so the Council could get reacquainted with him. Alderman Spears questioned the number of attorneys the city has been using. Alderman Werderich questioned an item on page 4, Gardiner, Koch & Weisberg totaling $9,881 .26. He asked if the city was using Attorney Gardiner for litigation. Attorney Orr stated he was and explained that one of the fees is being paid by the city's insurance company. Motion approved by a roll call vote. Ayes-5 Nays-1 Present-1 Munns-aye, Plocher-aye, Spears-nay, Sutcliff-aye, Werderich-aye, Bosco-present, Golinski-aye REPORTS MAYOR'S REPORT Appointment of Ward 1 Alderman Replacement (CC 2008-38) Mayor Bard entertained a motion to approve the appointment of Scott Gengler as alderman of Ward I to complete Jason Leslie's term of office. So moved by Alderman Munns; seconded by Alderman Sutcliff. Alderman Werderich commented that the residents of Ward I were in luck because three very good candidates applied for the position and any one of them will provide fine representation for the Ward. He felt that Mr. Gengler was a good person however he wanted to address a few things such as the tabling of this appointment at the last meeting. He explained that he and various other aldermen wanted the opportunity to speak with each applicant. He stated that pursuant to state statute and in accordance with the Governing Ordinance, three members of the City Council can and did request a special City Council meeting. The aldermen wanted the meeting because the appointment process has two parts; one is advice and the other consent They wanted to interview the applicants in order to advise the Mayor as to which one they recommended. He noted that the Mayor bas the right to not pick the recommended applicant. He stated that the aldermen are not trying to take away any authority from the Mayor but they wished to advise her. He believed that when someone is a leader the most important qualities is not to force people to follow you but rather to create a desire for those people to want to be led. The alderman wanted the opportunity to give their opinion and then let her respond. He felt there was an excellent candidate in George Gilson and unfortunately he is his neighbor and a good friend. He felt that these facts were weighted against Mr. Gilson and he apologized for this. He felt he was the best candidate because he is very active in the community. He stated he was going to vote against Mr. Gengler not because he isn't a good candidate but because he felt the city would be missing the opportunity to avail itself to an exceptional person to fill the job. Alderman Beam explained that out of the three candidates he knew Carlo Colosimo the best and knew the others from running into them at various meetings. He stated he did not know their qualifications so he agreed with Alderman Werderich that a special City Council meeting would be a good opportunity for the Council to meet each applicant. He stated that during the recent election campaign the idea of open, honest, transparent government was thrown around. He felt this was the darkest thing he has ever seen since being on the Council. He felt it was ridiculous to think the Council has to approve something that is good for the city and they do not know who they are voting for. He stated that four aldermen showed up for the special meeting and he felt it was disgusting and disgraceful that the meeting could not be accomplished for reasons unknown. He put off a business trip to be available for the meeting. He stated The Minutes of the Regular Meeting of the City Council — June 10, 2005 — Wage 5 he had no hard feelings against Mr. Gengler but he did not get the opportunity to meet the three applicants in the forum requested. Alderman Manus commented that he called the Mayor when the position opened up and told her he would support anybody she brought forward that was qualified because it is her prerogative to appoint the person. He stated that it is the Council's prerogative to approve the appointment. He stated that this was the same way he felt under the former mayor. He noted that the council had six weeks to question the candidates and the only candidate to contact him was Mr. Gengler six weeks ago. He stated he supported Mr. Gengler. He felt he was proactive and qualified for the position. He asked that the "personal shenanigans" be stopped and a vote be taken. Alderman Spears noted that she was not contacted by Mr. Gengler prior to his appointment. She expressed her disappointment with some members of the City Council who opted to boycott the special meeting. She stated that the meeting was to help with providing advice and consent to the Mayor. She did not feel it was unreasonable to meet the applicants collectively. She noted that in the past, she had been contacted by the former mayors to discuss people they were going to recommend for a position. She stated that previous mayors wanted the Council's support and wanted them to work together. She commented that she bad a problem with the Mayor not showing up to the special meeting because she attended a birthday celebration for the city attorney. She felt city business should come first and didn't like the attitude of"do it my way or it is not going to be done". She felt it was unfortunate that three qualified people have become "pawns" in a political situation. Alderman Smoliff thanked the gentlemen for applying for the job. She agreed with Alderman Manus that the only applicant to contact her was Mr. Gengler however the Council had six weeks to talk to all of them. She stated that after the last City Council meeting she emaded the aldermen advising them that she felt she had plenty of time to meet with the applicants and she did not feel she needed to attend the special meeting. She stated that it was the Mayor's choice to bring people forward and it was up to the Council to approve or disapprove the choice. Alderman Golinski agreed there were three strong candidates and he did not have a problem with Mr. Gengler. He stated he did have a problem with the fact that a special meeting was called and there seemed to be an effort spearheaded to block the meeting. Also, the current Ward I alderman is unsatisfied with the process to select his counterpart and he respected that opinion. Mayor Bard commented that she did not condone the agenda for the special meeting because the agenda said the meeting was to interview candidates. She felt that this totally disregarded the fact that there were no candidates; that the appointment had already been made. There was no one for the City Council to choose because they do not get to choose. She asked if any of the City Council members had ever watched when a president makes appointments and suggested anyone interested in government should watch the process. She stated that the senate does not get to pick or tell the president who to choose. They get to interview the appointee and determine if the person is someone who will do a good job. It is not to determine if there is anyone out in Ward I who would do a better job; this is not what advice and consent is about. She did not approve what the council was trying to accomplish with the special meeting and she thought it was disrespectful to the person she appointed. She stated that the selection has been made and the appointment is before the council. There is no other appointee. She stated that it is their choice to vote to approve him or not. Alderman Besco stated he did receive a call from Mr. Gengler but did not have the opportunity to call him back. He apologized for this. He felt it was insulting for the Mayor to be chastising the council. He explained his busy schedule and stated that his time is very precious. He came for a scheduled meeting and found that some council members made up their minds that they did not owe it to the citizens of Yorkville to show up. He felt this was wrong. He also felt that if the Mayor was truly open and honest, this situation would have been completely different. He felt she should have contacted the council about the matter and she should have taken their advice on who their counterparts would be. Mayor Bard asked Alderman Besco if he was unaware that the choice had already been made. She asked if he read her memo to him. Alderman Besco stated he understood what the Mayor was saying however he felt if she had done this process in a different fashion a special meeting could have been held before she made her decision. He commented that now it was "my way or the highway". Mayor Burd stated that he was correct; she has already made her choice and is not considering anyone else. She stated that for two months everyone knew who the applicants were; their names were in the paper. She did not receive any negative feedback on her appointee nor did anyone invite the applicants to a meeting to meet them. She felt the process was transparent. She stated that the special meeting was held and those present had their discussions. She reiterated that the appointment was over and the clock could not be turned back. Alderman Werderich clarified the Mayor's comment that she did not receive any negative concerns and he reminded her that he had several discussions with her regarding the negative logic she used to make The Minute of the Regular Meeting of the City Council — June 10. 2008 — page 6 the choice. Mayor Burd asked that her statement be amended to reflect she meant non-elected people; she was thinking of her constituency not the people who disagree with her on the City Council. She stated that she did hear Alderman Werderich opinion. Alderman Plocher asked for clarification on the appointment process. Attorney Orr explained that within sixty days of a vacancy, the mayor shall make an appointment to the vacancy. Within thirty days after the appointment, the City Council has the right to approve or disapprove the appointment. If the appointment is not made, there is not a time limitation but the law states the mayor then makes a second appointment and the City Council has another thirty days to approve or disapprove. If the second appointment is not approved, the mayor has the right to appoint either appointee to fill the vacancy until the next election. If there is no action taken by the City Council in the thirty days, the appointment is considered approved. Motion defeated by a roll call vote. Ayes-3 Nays-4 Munns-aye, Spears-nay, Plocher-aye, Werderich-nay, Golinski-nay, Besco-nay, Sutcliff-aye Appointments to Boards and Commissions (CC 2008-39) School Board Mayor Burd entertained a motion to approve the appointment of Mike Crouch as School Board representative to the Plan Commission. So moved by Alderman Golinski; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye, Sutcliff-aye, Munns-aye Zoning Board of Appeals Mayor Bard entertained a motion to approve the re-appointment of Ryan Woods to the Zoning Board of Appeals. So moved by Alderman Munns; seconded by Alderman Spears. 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 CITY COUNCIL REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CEIIEF OF POLICE'S REPORT Chief Martin reported that the Special Olympics Torch run would be held tomorrow at 9:00 a.m. from Blackberry Oaks Golf Course to the intersection of Routes 47 and 34. The event should take abort an hour so anticipate traffic to be tied up in that vicinity for a good cause. DIRECTOR OF PARKS & RECREATION'S REPORT Director Mogle reported that the 3 annual Payton Run was held on Saturday, June 7, 2008. He estimated that 400 runners participated in the event and he noted it was the largest event in the three year history. He also reported that the season's first Music Under the Stars would be held Friday, June 13, 2008 and it would be the second in the city's "series of playful events." COMMUNITY DEVELOPMENT DIRECTOR REPORT No report. The Minutes of the Regular Meetinz of the City Council — June 10, 2008 — maze 7 COMMUNITY RELATIONS OFFICER'S REPORT Mrs. Spies reported that she emailed the Council regarding a tentative walk through of the Rush-Copley facility on July 8, 2008 at 5:30 p.m. before the City Council meeting. She stated she will confirm the date and get back to the City Council. Alderman Besco noted he did not receive an email and asked Mrs. Spies to check if she had his correct email address. COMMUNITY & LIAISON REPORT Prairie Meadows Park Parking Alderman Spears reported that she and Director Mogle attended a meeting with residents who live across from the Prairie Meadows park in order to discuss their concern with the limited parking. She stated that the residents were very receptive. Chamber of Commerce Administrator McLaughlin reported that the Chamber of Commerce will be hosting two new events. One will be quarterly membership luncheons beginning this fall and the other will be a business book club which will beginning meeting on June 20, 2008 at Vignettes in downtown Yorkville. The club will meet on the first and third Fridays of the month at 8:30 a.m. Two returning events will be River Night on August 28, 2008 from 5:00 to 10:00 p.m. at the Riverfront Park and the Annual Golf Outing on September 18, 2008 beginning at 9:00 a.m. at Blackberry Oaks Golf Course. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Authorization of Application for 2008 OSLAD Grants Riverfront Park Acquisition — Bollweg (CC 2008-45) A motion was made by Alderman Besco to approve a resolution of authorization to apply for OSLAD grant for riverfront park acquisition - Bollweg and authorize the Mayor and City Clerk to execute; seconded by Alderman Plocher. Alderman Spears stated that this was discussed in executive session and it was her recollection that the City Council determined there were no funds identified for this property. It was also discussed that due to the shortfall in the budget, it was not in the best interest of the city to acquiring this property. Director Mogle explained that the city can use the dedicated value of another parcel of land to offset the cost of the property. The city has previously used this process for another land acquisition. The net cost is reasonable for the city however he did not have the final price at this time. Alderman Golinski stated that he had the same recollection of the executive session that Alderman Spears had. The City Council gave direction that they were not interested in the property. He commented that the property did not have sufficient road access and the river frontage was small. He stated that even the Park Board recommended against pursuing the property. He also noted that using dedicated land restricts the future acquisition of other properties indicated in the parks master plan. He was concerned that applying for two grants could hurt the city's chance of getting either one. He suggested that since the property is no longer on the market, the city revisit the purchase when its finances are better. - Mayor Burd stated that it was her understanding that the Council's direction was to pursue grants to pay for the property but that the city was not going to expend any of its money on them. She also stated that she was unaware of the Park Board's decision. Director Mogle stated that in the fall of 2007 three properties were discussed by the City Council and the direction was to look at river front property. The Park Board gave the opinion that OSLAD grants could be used for active recreational areas. With this in mind, he brought the properties to the Park Board about 1 %2 months ago and they supported the acquisition because the other three were more costly. The grant writer also suggested this property for the OSLAD because this parcel is the most "grant friendly". Alderman Spears questioned what the cost would be to improve the access to the property. Director Mogle stated he did not know and that getting authorization to apply for the grant was the first step in the process. Alderman Spears questioned where the funds for the access would come from and Director Mogle replied that this has yet to be determined. Alderman Spears noted that there are no funds available for this and expressed her concern that the In-town Road Program has been cut and now the city was acquiring land which needs funds to provide access to it. The Minutes of the Regular Meeting of the City Council — June 10, 2008 — page 8 Mayor Burd noted that the property has a dedicated right-of-way for access off Quinsey Lane. Administrator McLaughlin commented that while the property owner has access to the property it is not a public road. Alderman Spears asked if the public could use the road if the property is acquired by the city. Administrator McLaughlin stated that the road is not substantial enough for use by numerous vehicles. Mayor Burd asked if there was a stub to the property in the Heartland subdivision and Director Miller indicated there was but it does not go all the way to the property. Alderman Besco noted that when the Heartland subdivision was first proposed, Quinsey Lane was represented as being maintained by the homeowners living on it. Alderman Plocher asked if there was any urgency to develop the property if it is acquired or could it be left as is until funds become available. Director Mogle explained that the property would be good for passive recreation or possibly a nature center because there is a house on the property. There is a small amount of river frontage and a pond on the property along with rare species of plant life. Alderman Golinski noted that the IDNR and the Forest Preserve District both looked at the property and saw no value in it. The Park Board members he spoke with stated that if the city wanted to pursue that was fine however this property wasn't their choice. He stated that the OSLAD grant comes with a cost to the city in the manner of a dedicated parcel of land that cannot be used again. He felt that the city would be losing an opportunity to put the land up for something that has a higher priority for the Parks Department_ Alderman Besco noted that there would also be an immediate expense in making the building ADA compliant. He felt that due to the nature of the house (dirt house) this could be expensive. Alderman Sutcliff asked when the grant would be awarded. Director Mogle explained that OSLAD grants are awarded in January. Alderman Sutcliff also commented that the house was not a true dirt house because it was constructed of concrete and a probably only a ramp would be needed to make it ADA compliant. Alderman Spears estimated that it could cost $30,000.00 to make the property ADA compliant. She noted that in executive session she questioned what it would cost to bring the house up to code so that it could be used by the public. She also suggested that the building be checked for mold. Alderman Spears did not agree with Alderman Plocher's suggestion of acquiring the property and letting it sit until funds are available. She felt the city had better things to spend taxpayer's money on. Alderman Plocher asked that if the property was obtained could it be used towards another grant. Mayor Burd indicated it could not be used for another matching grant. Alderman Werderich asked Director Mogle if he felt that the submission of two grant applications would negatively affect either one. Director Mogle stated he asked the grant writer the same question and was told it would not because the grants are for two different types of uses. Alderman Werderich asked what other areas have been identified by the Park Board to have higher priority. Director Mogle indicated Hoover and the Bristol Bay subdivision were two he recalled. Alderman Spears made a motion to remove the riverfront park acquisition — Bollweg property and proceed with Bristol Bay property. Mayor Burd noted that the motion on the floor was just for the Bollweg property. A motion was made by Alderman Golinski to table the matter indefinitely; seconded by Alderman Spears. Motion to table defeated by a roll call vote. Ayes4 Nays-4 Munns-aye, Spears-aye, Plocher-nay, Werdericb-nay, Golinski-aye, Besco-aye, Sutcliff-nay, Mayor Burd-nay Attorney Orr explained that the Mayor was allowed to vote per her ruling and the motion is defeated due to the tie. Alderman Moons noted that even if the property sits there would be maintenance costs and he asked if this was in the budget. Director Mogle indicated that he wasn't at the point to determine maintenance cost yet. Mayor Burd stated that if there was interest in going forward with this acquisition the city could look for foundation grants such as one from the Conservation Foundation. They have given Director Mogle a list of possible places for grants because this is a unique property because it has never been farmed, has pristine woods, a pond, etc. They feel it should be saved. She stated that it is about whether or not the Council feels strongly about saving something that is environmentally unique in Yorkville. The Minutes of the Regular Meetine of the City Council — June 10, 2008 — page 9 Alderman Bosco asked if Alderman Golinski was correct when he stated that the property was no longer on the market. Director Mogle explained that the property was on the market but currently it is not and is being rented. Alderman Spears noted that when a grant is awarded semi-annual reports are needed which indicated the status of the property. If the grant is received, the city would have to do what it committed to do when it applied for the grant. She stated that at this time the city would be purchasing a property because it is pristine but it will have major expenses due to the access road and ADA compliance. She felt that the city cannot sit back mid wait for funds to perform these things; there are deadlines with grants. She stated that the City Council should realize they are making a major commitment if they approve this. Director Mogle stated that Alderman Spears was correct about the reporting process. Alderman Sutcliff stated that Alderman Spears was making assumptions that have not been proven yet. She stated that some of the aldermen were presenting the worst case scenario and she felt there was a good chance that not much maintenance or upkeep would be needed. She stated that the first step was to apply for the grant and then do the homework. She stated that she was depending on the department heads to know proper procedure. Mayor Burd stated that she spoke with Director Mogle earlier in the day and he commented that if the grant was received the city would have the opportunity to turn it down if the city could not do what it needs to do. She asked if this was correct and Director Mogle explained that it could be turned down if the seller is unable to come to an agreement or price. Mayor Bud asked if there was a timeline for developing the property. Director Mogle stated he did not know a lot about the acquisition grant and he would have to check it there was one. Alderman Spears stated that she has experience working with grants and you never want to turn a grant down. She questioned rushing into this without an evaluation of the house or the cost to upgrade the property. Director Mogle stated that if the OSLAD grant is not pursued at this time, the city would have to wait another year to apply. Alderman Spears suggested that it be readdressed in a year. Motion defeated by a roll call vote. Ayes-2 Nays-5 Sutcliff-aye, Munns-nay, Spears-nay, Plocher-nay, Werderich-aye, Golinski-nay, Besco-nay Alderman Werderich asked for clarification on the vote to table. Attorney Orr stated that a tie means that there is no action. He requested that Attorney Orr investigates case law as to the mayor being able to vote. Attorney Orr stated that she has not found state law but the logical conclusion after looking at other ordinances. She explained the verbiage difference between ordinances and how she determined that the mayor votes. She read from a treatise and Alderman Werderich noted that this was a treatise and not case law, Resolution 2008-23 Authorization of Application for 2008 OSLAD Grants Bristol Bay Park — Phase I Development (CC 2008-45) A motion was made by Alderman Bosco to approve a resolution of authorization to apply for OSLAD grant for Bristol Bay Park — Phase I development and authorize the Mayor and City Clerk to execute; seconded by Alderman Spears. Alderman Spears noted that this was different tyoe of grant and no taxpayer's dollars would be used on this project. Motion approved by a roll call vote. Ayes-6 Nays-0 Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye, Munns-aye *Alderman Sutcliff was not present for the vote. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2008-48 Rezoning Certain Property in Furtherance on Annexation Agreement (Lincoln Prairie) (EDC 2008-17) A motion was made by Alderman Golinski to approve an ordinance rezoning certain property in furtherance of an Annexation Agreement, as presented, and authorize the Mayor and City Clerk to execute; seconded by Alderman Bosco. The Minutes of the Regular Meeting of the City Council — June 10, 2008 — page 10 Alderman Golinski stated that this was a housekeeping matter which had been table two weeks ago so that it could be discussed further in executive session. Attorney Orr noted that no approving this would be a liability for the city since the rezoning was part of the previously approved Annexation Agreement. She further noted that the matter needed a supermajority vote to pass. Alderman Werderich stated that he understood that the Annexation Agreement had been approved by an earlier City Council however he felt it was a "tough pill to swallow" because it allows for an asphalt plant. Motion approved by a roll call vote. Ayes-5 Nays-3 Werderich-aye, Golinski-aye, Besco-aye, Sutcliff-nay, Munns-nay, Spears-nay, Plocher-aye, Burd-aye Ordinance 2008-50 Approving an Amendment to the O'Keefe Property Annexation Agreement (PC 2008- 14) A motion was made by Alderman Golinski to approve an ordinance approving an amendment to the O'Keefe Property Annexation Agreement and authorize the Mayor and City Clerk to execute all documents; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes-8 Nays-0 Golinski-aye, Besco-aye, Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Burd-aye IDOT Letter of Understanding - Countryside Center Drive (PW 2008-76) A motion was made by Alderman Golinski to approve the IDOT Letter of Understanding - Countryside Center Drive and authorize Mayor to execute; seconded by Alderman Sutcliff. Alderman Werderich stated that the biggest resident complaint he gets is that the Yorkville roads are overcrowded. He stated that due to this he was reluctant to add another traffic light on Route 47 especially when it had not been determined what will be built on the property, Alderman Besco indicated that the traffic light was critical to the future Countryside development. He stated he was not in favor of the light but realized is needed, Alderman Plocher stated he spoke to residents who were in favor of the light. Alderman Sutcliff stated she was happy to see a frontage road is planned and hoped this would help with congestion at the corner. Motion approved by atoll call vote. Ayes-6 Nays-1 Plocher-aye, Werderich-nay, Golinski-aye, Besco-aye, Sutcliff-aye, Munns-aye, Spears-aye PUBLIC SAFETY COMMITTEE REPORT Ordinance 2008- 51 Amending the Code of Ordinances Providing for the Registration of Solicitors, Hawkers and Itinerant Merchants (PS 2007-28) A motion was made by Alderman Spears to approve an ordinance amending the code of ordinances providing for the registration of solicitors, hawkers and itinerant merchants, as presented, and authorize the Mayor and City Clerk to execute; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye, Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS McHugh Road Alderman Moons asked what the plan was for McHugh Road was. City Engineer Wywrot explained that the road from Spring Street to Walnut was to be milled out and repaved. The work should begin at the end of the month and take about one month to complete. The contracts for the project were signed today. The Minutes of the Regular Meeting of the City Council — June 10. 2008 — nage 11 Caboose Update Alderman Besco asked for an update on mobbing the caboose. Director Mogle stated that the caboose was the last phase to be completed at the Whispering Meadows Park which is currently about 60% done. Deposition Schedule Alderman Werderich asked for an update on the deposition schedule for the landfill appeal. Attorney Orr indicated that this would be discussed in executive session. Review of Solid Waste Ordinance Alderman Werderich stated he would like the City Council to review the Solid Waste Ordinance in order to address flaws. It was the consensus of the Council to place this matter on an Administration Committee agenda for discussion. Date for City Council Meeting Alderman Werderich suggested there be a sign indicating the date which could be seen when the meetings are being filmed. The videographer indicated that this could be added at her studio for an additional cost. Alderman Munns suggested the Council look at the cost. Tuscany Plaza Update Alderman Plocher asked for an update on the Tuscany plaza development. Administrator McLaughlin stated he spoke with the developer who is trying to accomplish having the Comcast line being moved; bedrock has been hit so an additional soil sampling is needed; a hydrant needs to be relocated and they need to prepare the plat. He also has not received any plans yet from the developer. Staff is trying to push the developer to follow up. EXECUTIVE SESSION Mayor Burd entertained a motion to go into executive session for the purpose o£ o 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. o For the discussion of minutes lawfully closed under this Act, whether for the purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06. Mayor Bard noted that no action would result from the executive session. So moved by Alderman Golinski; seconded by Alderman Sutcliff. Motion approved by a roll call vote. Ayes-6 Nays-1 Spears-aye, Sutcliff-aye, Werderich-aye, Besco-nay, Golinski-aye, Munns-aye, Plocher-aye The Council took a ten minute break and entered into executive session at 9:45 p.m. The Council returned to regular session at 10:07 p.m. ADJOURNMENT Mayor Burd entertained a motion to adjourn. So moved by Alderman Plocher; seconded by Alderman Besco. Motion unanimously approved by a viva voce vote. Meeting adjourned at 10:09 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois Page 1 CITY COUNCIL MEETING UNITED CITY OF YORKVILLE , ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above - entitled matter taken before TERESA S . GRANDCHAMP , C . S . R . , on June 10 , 2008 , at the hour of 7 : 00 p . m . , at 800 Game Farm Road in the City of Yorkville , Illinois . D - 849108 Page 2 1 P R E S E N T : 2 MS . VALERIE BURD , Mayor ; 3 MR . JOSEPH BESCO , Alderman ; 4 MR . GARY GOLINSKI , Alderman ; 5 MR . MARTY MUNNS , Alderman ; 6 MR . ARDEN JOE PLOCHER , Alderman ; 7 MS . ROSE ANN SPEARS , Alderwoman ; 8 MR . WALLY WERDERICH , Alderman . 9 10 MR . BRENDAN McLAUGHLIN , City 11 Administrator ; 12 MR , WILLIAM POWELL , City Treasurer ; 13 MS . JACQUELYN MILSCHEWSKI , City Clerk . 14 15 A P P E A R A N C E S : 16 BY : MS , KATHLEEN FIELD ORR , 17 appeared on behalf of the United 18 City of Yorkville , Illinois . 19 - - - 20 21 22 23 24 Page 3 1 ( Pledge of Allegiance ) 2 ( WHEREUPON a portion of 3 the proceedings was not 4 herein transcribed . ) 5 MAYOR BURD : Okay . We have no 6 presentations tonight . We do have a public 7 hearing on the Raging Waves , LLC and Betty 8 O ' Keefe , Family Limited Partnership , have filed an 9 application with the United City of Yorkville to 10 request an amendment to the Planned Unit 11 Development agreement . The real property consists 12 of approximately 140 . 95 acres at the southeast 13 corner of Route 47 and Galena Road . 14 Is someone here tonight to make - - 15 to speak to us on this public hearing? 16 MR . MELBY : Thank you , Mayor . My name 17 is Scott Melby with Raging Waves , and just a 18 little background . In October of 106 when we came 19 before the Council with our annexation agreement , 20 in there we were allotted four illuminated 21 100 - square - foot signs on each of the O ' Keefe 22 parcels . There are four O ' Keefe parcels , and 23 according to sign code , the business is allowed 24 one 100 - square - foot sign on parcel number three . Page 4 1 And so a few months ago when we went in for our 2 permanent sign , as we were looking at all of that , 3 we really wanted to streamline that , declutter it , 4 come up with a nicer sign , and so we have asked 5 the City to allow us to have a slightly larger 6 sign ; rather than 100 square foot , allow it to 7 have 150 square foot ; rather than 20 foot tall , to 8 have a 25 foot tall . 9 In exchange for that - - as I said , 10 we were allowed the five one - hundred- square foot 11 signs - - I would like to trade back the 350 square 12 feet back to the City and we ' re asking for one 13 sign of 150 square feet . 14 We ' ve gone before the DBA and we 15 were approved . We ' ve gone before the Council ' s 16 committee of the EDC as well , and so now we ' re 17 coming before the Board . 18 MAYOR BURD : Does anybody in the 19 audience have any questions on this ? 20 Yes , sir . Please state your name 21 for the record . 22 MR . MILLER : Todd Miller . Where do you 23 want to put the bigger sign at ? 24 MR . MELBY : In the southwest corner of Page 5 1 Rosenwinkel and 47 . 2 MR . Miller : Okay . 3 MAYOR BURD : Does anyone else have any 4 questions ? Does anyone on the City Council have a 5 question? 6 ALDERMAN MUNNS : Being as you can see 7 those - - that tornado thing , whatever it is , from 8 four miles away , why would you think you need a 9 bigger sign right there ; you think people are 10 going to drive by and miss it or what ? 11 MR . MELBY : I mean , right now it is easy 12 to see from far away . I mean , what we ' re hearing 13 coming down in the road with development in that 14 whole area , there will be a significant amount of 15 development down the road . We ' re just 16 anticipating further growth in Yorkville , and so 17 we thought it would be better to declutter all of 18 that off and take down , you know , four of them in 19 exchange for the one . 20 ALDERMAN MUNNS : Okay . 21 ALDERMAN WERDERICH : I just had one 22 question about the light box . What did you 23 envision that being? 24 MR . MELBY : Just something we could Page 6 1 put - - you know , like a - - I don ' t know how to 2 describe it . Like on a church sign where we could 3 say , Now Accepting Applications , or Season Passes 4 Now Available . 5 ALDERMAN WERDERICH : More like one of 6 the signs where you put letters up ? 7 MR . MELBY : Exactly . 8 ALDERMAN WERDERICH : Okay . 9 MAYOR BURD : Any other questions ? 10 Ms . Spears . 11 ALDERWOMAN SPEARS : I would like to say 12 that you have my support on this ; rather than 13 having three or four signs all over , just have 14 one , and your sign is very attractive , too . 15 MR . MELBY : Thank you . 16 MAYOR BURD : Any other questions ? No 17 questions ? We ' ll call the public hearing closed . 18 Thank you , sir . 19 MR . MELBY : Thank you . 20 ( Which were all the 21 proceedings had at the 22 public hearing portion of 23 the City Council 24 meeting . ) Page 7 1 STATE OF ILLINOIS ) SS . 2 COUNTY K A N E ) 3 I , Teresa S . Grandchamp , a 4 Certified Shorthand Reporter , do hereby certify 5 that I reported in shorthand the proceedings had 6 at the hearing of the above - entitled cause and 7 that the foregoing Report of Proceedings is a 8 true , correct , and complete transcript of my 9 shorthand notes so taken at the time and place 10 aforesaid . 11 I further certify that I am neither 12 counsel for nor related to counsel for any of the 13 parties to this suit , nor am I in any way related 14 to any of the parties to this suit , nor am I in 15 any way interested in the outcome thereof . 16 I further certify that my 17 certificate annexed hereto applies to the original 18 transcript and copies thereof , signed and 19 certified under my hand only . I assume no 20 responsibility for the accuracy of any reproduced 21 copies not made under my control or direction . 22 23 24 Page 8 1 In testimony whereof , I have 2 hereunto set my hand this 23rd day of June , A . D . , 3 2008 . 4 5 6 Teresa S . 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EA UT 64 64 64 64 64 64 C*j J O W W F } Z O Z W 1— H O U W W F a, W W M Q m 3 J x w �- U U Z Q m Q Li OU W a OU rn rn d W Wi J Vta, ca 2-6-1 2-6-2 CHAPTER HUMAN RESOURCES COMMISSION SECTION : 2-6- 1 : Commission Established 2-6-2: Composition ; Appointment; Terms Of Office 2-6-3: Expenditures 2-6-1 : COMMISSION ESTABLISHED: There is hereby established a citizens' commission , which shall be known as the City of Yorkville Human Resources Commission , for the purpose to assess and identify problems within the community which affect the social welfare of the citizens and with the goal of improving the quality of life for all of our citizens and the general welfare of this community. Said Commission shall from time to time report on its activities and make recommendations to the Mayor and City Council . (Ord . 1998-1 , 1 -22- 1998) 2-6-2: COMPOSITION; APPOINTMENT; TERMS OF OFFICE: A. The members of the Human Resources Commission shall be composed of seven (7) residents of the City, one of whom shall be appointed chairman . The appointments to the Commission shall be made by the Mayor, with the advice and consent of the City Council . In addition to the seven (7) members , the Mayor or his/her designee shall serve as an ex officio member. B. The term of office to this Commission shall be for a period of three (3) years. However, members appointed at the onset shall be for the following terms: three (3) members shall serve for two (2) years, two members shall serve for three (3) years and two (2) members to serve for one year. (Ord. 1975-19, 10-9-1975; amd. Ord. 1998-1 , 1 -22- 1998) C. After the expiration of the member's initial term , all successors shall be appointed for three (3) years. (Ord . 1975-19, 10-9-1975) January 2000 City of Yorkville 2-6-2 2-6-3 D . The Commission shall meet on a monthly basis unless approved by the Commission and the Mayor, with proper notification of a cancellation or meeting date change. E. The Commission shall submit in writing an annual report summarizing their activities and recommendations to the Mayor and City Council . (Ord. 1998-1 , 1 -22- 1998) 2-6-3: EXPENDITURES: The Human Resources Commission shall be authorized to expend no Municipal funds; provided , however, the Commission may recommend to the City Council such expenditures and appropriations as it deems expedient or advisable. (Ord. 1975- 19, 10-9- 1975) January 2000 City of Yorkville Reviewed By: Agenda Item Number 2 w O J -n Legal ■ �`��I i�.L 1 '_ �' 1636 EST. ,l Finance F1 Engineer ❑ 0 City Administrator ❑ Tracking Number Police te `��? Human Resources F1 Public Works ❑ City Council Agenda Item Summary Memo Title: Ordinance Approving a Lease of Unit D, Fountain Village of Yorkville City Council/Committee Agenda Date: City Council—July 8, 2008 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Two-thirds of the corporate authorities then holding office 65 ILCS 5/11-76. 1-1 Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: C/Ty , Memorandum To: City Council EST. ,.. .. 1836 From: Bart Olson, Assistant City Administrator CC: Brendan McLaughlin, City Administrator Date: July 3, 2008 Subject: Census office lease <LE icy J Attached is a lease agreement for Unit D of the Fountain Village development. The City will use the office space to conduct the 2008 Special Census, expected to begin in late July or early August. Dean Tomich of DTD Investments offered to give the City the office space for a period of 90 days for $ 1 , with a 30-day extension for $ 1 , if needed. Since the space currently has no drywall, flooring, electrical outlets or plumbing, Mr. Tomich and DTD have offered to build out the unit, within two weeks of lease approval, at their cost. There is no additional cost to the City for insurance on this unit. Staff recommends approval of this lease agreement. Approval of this lease agreement requires a two-thirds majority of the corporate authorities. STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. 2008- ORDINANCE APPROVING A LEASE OF UNIT D, FOUNTAIN VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, the Mayor and City Council of the United City of Yorkville have directed a special census of the population be undertaken in accordance with all applicable federal laws; and, WHEREAS, the special census requires additional staff and office space for approximately ninety (90) days while the necessary data is being collected and compiled; and, WHEREAS, in order to perform this monumental task, it is necessary to rent additional office space to permit the special census to be done in an efficient and expeditious manner without interrupting the day to day operations of the City; and, WHEREAS, Crestlake Holding, LLC, has offered to provide approximately 1 ,493 square feet of office space at Fountain Village of Yorkville for ninety (90) days for total rent of $ 1 .00 for the sole purpose of taking of the 2008 special census. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Lease by and between Crestlake Holdings, LLC, and the United City of Yorkville in the form attached hereto is hereby approved and the Mayor and city Clerk is hereby authorized and directed to execute and deliver same. 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 BOB ALLEN APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008. Mayor Attest: City Clerk LEASE THIS LEASE, made and entered into this Stn day of July, 2008 , by and between Crestlake Holdings LLC , (hereinafter referred to as "Landlord " ) and City of Yorkville, (hereinafter referred to as " Tenant " ) . ITNESSETH ARTICLE 1 : PREMISES ; TERM ; LANDLORD ' S RESERVATIONS ; SPECIFIC ECONOMIC TERMS Landlord, for and in consideration of the covenants and agreements hereinafter set forth, does demise and lease to Tenant for use only by Tenant and Tenant hereby leases from Landlord the premises known as part of Unit "D" consisting of approximately 1 ,493 square feet (hereinafter referred to as " Premises " ) in Fountain Village of Yorkville (hereinafter referred to as "Center") in the County of Kendall , Yorkville , Illinois . The center consists of 26 ,646 square feet and Tenant's pro rata share is 1493sf and 5 . 6/ 100 percent ( 5 . 6 %) . Landlord specifically accepts and reserves to itself the use of the roof, the exterior portions of the Premises, other than the storefront, and such areas within the Premises required for installation, maintenance and repair of utility lines and other installations required to service the premises from time to time during the term of this Lease . No rights are conferred upon Tenant, and Landlord specifically accepts and reserves to itself, unless otherwise specifically provided, all rights to the land and improvements below the floor level of the Premises and to the air rights above the Premises unless otherwise specifically provided . The term of this Lease shall commence on July 8 , 2008 and shall end on October 8 , 2008 , but the provisions of this Lease shall, unless otherwise specifically set forth, apply from the date hereof. An additional 30-day extension to the term shall be allowed, provided the tenant notifies the landlord prior to the original term ' s expiration . The following specific economic terms shall apply, in addition to other terms set forth elsewhere herein, subject to the conditions , rights , remedies and additional provisions set forth in this Lease : Lento Rent shall be $ 1 . 00 ( One dollar and 00/ 100) for the term, and $ 1 , 00 for the extension, and due upon execution of this lease . Purpose : The Premises shall be used for census recording for the City of Yorkville . ARTICLE 2 : OPERATION OF THE PREMISES The Premises shall be occupied and used only for the purpose set forth in Article 1 . Tenant shall not use said Premises , nor permit same to be used, for the manufacture, sale, barter, trade, gift or service of intoxicating liquors of any nature whatsoever, as the same shall be defined under the Statutes of the United States, the State of Illinois or any municipal or other governmental authority having jurisdiction. Tenant agrees to operate all of the Premises during the entire term of this Lease, unless prevented from doing so because of fire or casualty, and to keep open and to operate its store with the trained personnel necessary for efficient service, during normal business hours , days , and evenings of the week. Tenant agrees promptly to comply with all laws, ordinances, orders and regulations of any public authority affecting the Premises, and with the recommendations of any insurance company or inspection bureau . Tenant agrees, in the Premises and at the Center, not to make, use, keep, allow or permit: any unlawful or immoral act; any use that might invalidate or increase the rate of insurance; any inflammable fluids or explosives without in each instance obtaining the prior written approval of landlord; a nuisance, defacing or injury to the Center or Premises ; overloading of the electrical lines, floors or other utility lines ; any roof cuts to be made; or any waste of property . Tenant agrees to pay as additional rent any increase in the cost of insurance on the Center or Premises to Landlord as a result of any unauthorized use of the Premises by Tenant without being waiver by Landlord of any of its other rights herein . ARTICLE 3 : LANDLORD' S AND TENANT' S WORK. Landlord will give a credit for the drop ceiling if it is optioned by tenant not to be installed . All work, other than that which has already been performed or to be performed by Landlord as provided in Exhibit D which is attached hereto and by this reference made a part hereof, shall be completed by Tenant at Tenant' s expense and shall hereinafter to be referred to as "Tenant' s Work " . Tenant' s Work shall be completed in the time, manner and subject to the conditions provided for by Landlord . Prior to the commencement of any work Tenant shall submit complete plans and specifications to Landlord in such detail as Landlord shall require for Landlord' s prior approval and no such work shall commence until Tenant shall have secured Landlord to its satisfaction for the cost of such work and any liens which may arise therefrom . Tenant's Work shall include all signs used at the Premises, the installation, design and size of which shall be subject to Landlord' s sign criteria as same shall be revised from time to time, said signs not to be installed without Tenant having first obtained the prior written approval of Landlord in each instance . Tenant's Work shall become, upon completion, the property of Landlord. ARTICLE 4 : ADDITIONAL CONSTRUCTION Landlord reserves the right at any time to make alterations, modifications, expansions, reductions or additions to the common areas and the Center or any part thereof and to build adjoining the same . Landlord reserves the right as to the Center at any time to do, or permit to be done, without limitation any or all of the following : add buildings or structures ; change the number and location of buildings and structures ; change building dimensions ; change the identity and type of stores and tenancies and the dimensions thereof; change the name of the Center in which the Premises are located; convert common areas into leasable areas and expand the size of the Center by acquiring or making available additional land; provided, however, that no changes shall materially alter the size of the Premises or deny reasonable ingress to and egress from the Premises . ARTICLE 5 : CONDITION OF PREMISES ; REPAIR AND MAINTENANCE Tenant's taking possession of the Premises shall be conclusive evidence of Tenant's acceptance thereof in good order and satisfactory condition . Tenant agrees that no representations respecting the condition of the Premises and no promises to decorate, alter, repair or improve the Premises or the Center, either before or after the execution hereof, have been made by Landlord to Tenant unless the same are contained herein . Tenant shall, at its sole cost and expense, make additions , improvements, alterations and repairs to or on the Premises, to utility equipment used exclusively for the Premises and to utility lines to the point of connection for Tenant, which may be required to keep same in good order, condition and repair and sanitary, clean, safe, and in sightly appearance at all times during the term of this Lease including those improvements, alterations and repairs required by any lawful authority, unless specifically made Landlord's responsibility under the next paragraph . Any such work by Tenant shall be subject to Landlord's approval, and Landlord may, but shall not be obligated to, deal directly with any such authorities respecting their requirements for additions, improvements, alterations and repairs . Landlord agrees , at its expense , to keep the foundations, utility lines from the point of connection for Tenant, exterior walls , including the storefront and other doors, and structural system of the Premises in good condition and repair. Landlord shall not be liable to Tenant for any damages except for damage caused by the items mentioned in the previous sentence being out of repair after Landlord has had reasonable opportunity to have same repaired after being notified in writing of the need of same by Tenant. Tenant's responsibility hereunder shall include, without limitation, repair, insuring and replacement of mechanical equipment required for the Premises and included within Tenant's Work, replacement of fixtures, glass (with glass of the same size and quality), floor covering and ceiling materials , doors and door hardware and decoration of the interior and storefront of the Premises in order to maintain at all times a clean and sightly appearance . Tenant shall not attach any fixtures or articles to any portion of the Premises, nor shall Tenant make any alterations, additions, improvements, or changes or perform other work whatever in and to the Premises , including installation of trade fixtures which significantly alter the interior or exterior appearance of the Premises, without in each instance obtaining the prior written approval of the Landlord. If Tenant does not keep the Premises in a condition reasonably satisfactory to Landlord, Landlord shall have the right, after notice to Tenant except in situations deemed to be emergencies by Landlord, to make repairs or perform maintenance and Tenant shall pay the Landlord' s cost of such work promptly upon demand . ARTICLE 6 : ACCESS TO PREMISES Tenant agrees that Landlord's beneficiaries or any persons authorized by either may enter the Premises to inspect the condition of the same, to make repairs additions , improvements , changes or alterations to the premises , the building or the Center as Landlord may elect to make, and to exhibit the same to prospective purchasers of the Center or to prospective tenants, and to place in and upon said Premises at such places as may be detenmined by Landlord " For Rent" signs or notices during the last ninety (90 ) days of the term thereof. Tenant undertakes and agrees that neither Tenant nor any person within Tenant's control will interfere with such signs or notices . Such entry, inspection and repairs , additions , improvements, changes or alterations as Landlord may make of the premises, the building of which the Premises are a part, or the Center shall not constitute eviction of Tenant in whole or in part and the rent reserved shall in no way abate while such work is being done by reason of loss or interruption of business of Tenant or otherwise . If Tenant or Tenant's agents or employees shall not be present to permit entry into the Premises at any time and for reason when entry therein shall be necessary or permissible under this Lease„ the Landlord shall not enter. ARTICLE 7 : DAMAGE TO PREMISES In the event the Premises are damaged by fire, explosion, or other casualty or occurrence to the extent of less than twenty-five percent ( 25 %) of the insurable value of the Premises, the damage shall be promptly repaired by Landlord at Landlord's expense; however, that Landlord in no event shall be required to expend for such repair an amount in excess of the insurance proceeds recovered or recoverable as a result of such damage . In the event of any such damage in which (a) the Premises shall be damaged to the extent of twenty-five percent (25 %) or more of the insurable value, (b) the building of which the Premises are a part is damaged to the extent of fifty percent ( 50 %) or more of the insurable value, or (c) the damage is caused by any occurrence not covered by the Landlord' s insurance or by Tenant's negligence, Landlord may elect to repair or rebuild or to terminate the Lease upon giving notice of such election in writing to Tenant within ninety (90 ) days of the happening of the event causing the damage; provided, however, that Landlord shall in no event be required to expend for such repairs or rebuilding an amount in excess of the insurance proceeds recovered or recoverable as a result of such damage provided further that, if Landlord elects to repair or rebuild, Landlord' s obligation to Tenant hereunder shall be limited to repairing or rebuilding Tenant's Premises, if necessary, and necessary, and restoring the site on which the building is built to a clean and safe condition . If Landlord is required to or elects to rebuild the Premises as herein provided, Tenant shall repair or replace its fixtures, furniture, furnishings, floor coverings and equipment, and stock in trade, and if Tenant has closed, Tenant shall promptly reopen for business . ARTICLE 8 : INSURANCE Landlord agrees to purchase and keep in full force and effect insurance on Landlord's buildings in the Center against fire and such other risks as may be included in extended coverage insurance from time to time available in an amount not less than the greater of eighty percent ( 80 %) of full insurable replacement value of Landlord's building in the Center or the amount sufficient to prevent Landlord from becoming coinsurer under the teens of the applicable policies and such policies shall contain a clause, if permitted at no additional premium cost, pursuant to which the insurance carriers waive all rights of subrogation against Tenant with respect to losses payable under said policies. Tenant, at its sole cost and expense and for the mutual benefit of the title holding Trust, Landlord and the agents and employees of Landlord, agrees to purchase and keep in force and effect during the term hereof, insurance on its merchandise, inventory, contents , furniture, fixtures, equipment and other personal property located in the Premises protecting Tenant from damage or other loss caused by fire or other casualty, including but not limited to, vandalism, perils covered by extended coverage, theft, sprinkler leakage, water damage (however caused), explosion of heating and cooling or similar apparatus, and other similar risks in amounts not less than the full insurable replacement value of such property . Such insurance polices shall contain a clause, if permitted at no additional premium cost, pursuant to which the insurance carriers waive all rights of subrogation against the title holding Trust, Landlord, and their agents and employees with respect to losses payable under said policies . Landlord and Tenant intend that the risks of loss or damage as described above be borne by responsible insurance carriers to the extent above provided and Landlord and Tenant hereby agree to look solely to, and to seek recovery only from , the respective insurance carriers in the event of a loss of a type described above to the extent that such coverage is agreed to be provided hereunder. For this purpose, and any applicable deductible amount shall be treated as though it were recoverable under such policies . Landlord and Tenant agree that applicable portions of all monies collected from such insurance shall be used toward the full compliance of the obligations of Landlord and Tenant under this Lease. Tenant agrees to maintain during the term commencing on the date Tenant takes possession of the Premises the following insurance coverage with respect to the Premises : public liability in the minimum amount of One Million Dollars ( $ 1 ,000 , 000 . 00) for the injury to or death of any person or persons and Two Hundred Thousand Dollars ($ 200 , 000 . 00) for damage to property, and such other insurance and in such amounts as Landlord may require, all such insurance to have such limits per occurrence and in the aggregate and to include the title holding Trust, Landlord, and their employees and agents as insured parties and to cover claims between insured parties thereunder. Tenant further agrees that, if at any time during the term of this Lease, Tenant shall sell or serve intoxicating liquors on the Premises, Tenant will maintain liquor liability coverage on the Premises in amounts and as approved by Landlord in writing. Tenant shall provide Landlord with copies of policies or certificates prior to the date Tenant takes possession of the Premises and from time to time thereafter as required by Landlord evidencing that the aforesaid insurance is in full force and effect. All of Tenant's policies and certificates shall provide that Landlord shall be given a minimum of thirty (30 ) days' written notice by any such insurance company prior to the cancellation, termination or change of such coverage . All insurance herein required shall be in addition to and not in discharge of or a limitation to Tenant' s obligation to indemnify Landlord, and its employees and agents as provided in this Lease . All Tenants ' insurance required herein shall be with companies satisfactory to Landlord. ARTICLE 9 : CONDEMNATI ®N If any portion of the Premises, or any significant (in Landlord' s determination) part of the building of which the Premises are a part or of the Center shall be taken under eminent domain proceedings, Landlord may, at Landlord's option, terminate this Lease by written notice to Tenant, such termination to be effective on or after the date possession is taken if the Premises is included in such taking or no later than thirty ( 30 ) days after the possession is taken if the Premises is not included in such taking. If the taking of a sufficient or a certain portion of the Premises renders the balance of the Premises inadequate for the operation of Tenant' s business at the Center, Tenant shall have a right to terminate this Lease upon written notice to Landlord within thirty ( 3) 0) days from the date of such taking of possession, said termination to be effective not less than ninety ( 90) days from the date said written notice is given to Landlord . In any event, Tenant shall have no claim against Landlord by reasons of such taking or termination and shall not have claim or right to any portion of the amount that may be awarded or paid to landlord as a result of any such taking. The entire compensation award in or by reason of said eminent domain proceedings shall belong to Landlord without any deduction therefrom for any present or future estate or interest of Tenant and Tenant hereby assigns to Landlord all of Tenant's right, title and interest in and to any and all such compensation together with any and all rights, estate and interest of Tenant now existing or hereafter arising in and to the same or any part thereof. ARTICLE 10 : LIENS Tenant agrees promptly to pay for any work done, material or service furnished for or on behalf of Tenant in or about the Premises and to not permit or suffer any lien, charge or encumbrance to placed against or to attach to the Premises or the Center, and to promptly cause any such lien, charge or encumbrance or any claim therefore to be released; provided, however, that in the event Tenant contests any such claim, Tenant agrees to indemnify and secure Landlord to Landlord's satisfaction . In the event any such lien, charge or encumbrance is placed against the Premises or the Center, Landlord may, upon Tenant's failure to secure Landlord to Landlord's satisfaction, take all action necessary to remove such lien, without any duty to investigate the validity thereof and Tenant shall pay to Landlord, immediately on demand, all costs and expenses, including reasonable attorneys' fees, incurred by Landlord in removing such lien, charge or encumbrance . It is understood and agreed by and between the parties that in the event Landlord approves of Tenant making an alteration or related series of alterations, the cost of which exceeds the sum of Four Thousand Dollars ( $4,000 .00) ("Material Alteration"), then Tenant shall be required to enter into a Tenant improvement/work completion escrow agreement (the `Escrow Agreement") with Chicago Title and Trust Company ("Chicago Title") having an address at 171 North Clark, Chicago, Illinois 60601 and the farm attached hereto as "Exhibit "E" prior to the commencement by Tenant of the Material Alteration pursuant to which Tenant shall deliver to Chicago Title the cost of the Material Alteration in installments as such installments are due and payable and Chicago Title shall disburse all costs to be paid for the Material Alteration . Prior to commencement of the Material Alteration, Tenant shall provide Landlord with the total cost of Material Alteration , a list of the contractors and subcontractors who will be performing the Material Alteration and the sums to be paid each contractor and subcontractor, together with a copy of the fully executed Escrow Agreement. It shall be stipulated in the Escrow Agreement that Chicago Title will not disburse any sums to any such contractor and/or subcontractor unless and until such contractor and/or subcontractor has delivered proof satisfactory to Chicago Title and Landlord and that no liens or claims have been filed against the Premises as a result of work performed by such contractors and/or subcontractors, including, but not limited to, lien waivers and the Material Alteration has been fully completed and paid for. Tenant' s failure to enter into the Escrow Agreement with Chicago Title and comply with the terms and conditions of the Escrow Agreement including, but not limited to, the delivery of the total cost of the initial Material Alteration to Chicago Title, shall constitute a material default by Tenant under this Lease, entitling Landlord to exercise its remedies available under the applicable law and under the Lease . ARTICLE 11 : UTILITIES Tenant shall apply to applicable utility company or municipality for all utility services, including water, required by Tenant for use in the Premises, and shall be responsible for the connection and installation of same . Tenant shall promptly pay all bills for said utilities . In the event Tenant fails to pay any utility bill within forty- five (45 ) days after the due date, Landlord may, but shall not be obligated to, pay such bills (without any duty to investigate the validity thereof) in which event such shall be deemed additional rent hereunder and Tenant shall immediately reimburse Landlord for the amount paid by landlord plus interest at the rate set forth hereinbefore. No interruption or discontinuance of any utilities, or inability to obtain same, regardless of the nature of the cause, shall be deemed an eviction or disturbance of Tenant, relieve Tenant from any obligation under this Lease, nor create any liability on the part of Landlord . ARTICLE 12 : COMMON AREAS Landlord hereby grants to Tenant the right to use the common areas during the term of this Lease, unless tenninated by lapse of time or otherwise, for their intended purposes and subject to the following conditions : (a) Use by Tenant, its agents, employees, customers and invitees shall be in common with and not interfere with use by agents, employees, customers and invitees of Landlord and the other owners , occupants and tenants from time to time in the Center; (b) Landlord shall have the right to construct buildings or temporary or permanent improvements in, to change the location or character of, to make alterations , eliminations, or additions, and to repair and rebuild the common areas ; and (c) Landlord shall have the right to adopt rules and regulations governing the common areas, including the right to institute a parking system by validation, metering or otherwise . The common areas shall consist of the sidewalks , roof, parking areas , loading docks , maintenance areas , landscaping, driveways, fences and other common areas at the Center. Landlord shall , subject to causes and events beyond its reasonable control , maintain, or cause to be maintained, the common areas in good order and repair. Neither Landlord nor any of its respective agents or employees shall be liable to Tenant or any of Tenant's employees, agents, customers or invitees or anyone claiming through or under Tenant, for any damages, injuries, losses, expenses, claims or causes of action, because of any interruption or discontinuance at any time for any reason in the furnishing of any of said common area services . No interruption or discontinuance shall be deemed an eviction or disturbance of Tenant's use or possession of the Premises or any part thereof; nor shall any such interruption or discontinuance relieve Tenant from full performance of Tenant's obligations under this lease . ARTICLE 13 : RULES AND REGULATIONS Tenant agrees , at Tenant' s sole cost, to comply with all rules and regulations promulgated from time to time by Landlord and as set forth in Exhibit B which is attached hereto and by this reference made a part hereof. Tenant agrees that Landlord may amend, modify and delete present rules and regulations or add new and additional reasonable rules and regulations for the use and care of the Premises, the building of which the Premises are a part, the common areas and the entire Center. Tenant agrees to comply with all such rules and regulations upon notice to Tenant from Landlord or upon the posting of same in such place within the Center as Landlord may designate . In the event of any breach of any rules and regulations herein set forth or any amendments or additions hereto, Landlord shall have all remedies in this Lease provided for default of Tenant. ARTICLE 14 : SUBORDINATION AND ESTOPPEL Landlord reserves the right to subordinate this Lease at all times to the lien of any mortgage, mortgages , trust deed or trust deeds now or hereafter placed upon the Premises, and Tenant covenants and agrees to execute and deliver, upon demand, such further instruments subordinating this Lease to the lien of any such mortgage, mortgages, trust deed or trust deeds as shall be desired by Landlord, or any mortgagee or trustee upon condition that Tenant shall have the right to remain in possession of the Premises under the terms of this Lease, notwithstanding any default in any such mortgage, mortgages, trust deed or trust deeds , or after foreclosure thereof, so long as Tenant is not in default under any of the covenants , conditions and agreements contained in this Lease . Tenant shall execute and deliver within ten ( 10) days after demand in writing whatever instruments may be required for such purposes, and in conjunction therewith or at any time upon request in writing from Landlord, Tenant shall execute, acknowledge and deliver to Landlord a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications) and the dates to which the Minimum Rent, percentage rent (if applicable) and other charges have been paid and further certifying to such other additional matters as Landlord may require . ARTICLE 15 : ASSIGNMENT AND SUBLEASE Tenant shall not transfer, assign, sublet, enter into a license or concession agreement or hypothecate this Lease or the Tenant's interest in and to the Premises, permit any transfer of Tenant's interest created hereby or allow any lien upon Tenant' s interest by operation of law, nor permit the use or occupancy of the Premises or any part thereof by anyone other than Tenant, without first obtaining the express written consent of Landlord . The consent by Landlord to any of the aforesaid shall not constitute a waiver of the necessity of Landlord's consent thereafter and any of the aforesaid transactions shall only be by an instrument in writing, in a form satisfactory and delivered to Landlord in advance, and shall include an agreement for the benefit of the Landlord to assume to be bound by, and to perform the terms, covenants and conditions of this Lease to be done, kept and performed by Tenant. All requests for Landlord' s consent shall be by written notice and, in the event Tenant requests Landlord's consent to any transaction covered under the previous paragraph and Landlord consents to such transaction, Tenant shall immediately reimburse Landlord for all expenses, including attorneys' fees incurred by Landlord in conjunction therewith in any manner whatsoever. If Tenant requests Landlord's consent to any such transaction, Landlord shall have the right, independent of Landlord's right to refuse its consent, to terminate this Lease by written notice to Tenant served within ten ( 10) days of receipt of Tenant's written notice to Landlord requesting such consent, such termination to be effective sixty (60 ) days from Tenant's receipt of Landlord's written notice of termination, unless Tenant shall by written notice to Landlord withdraw its request for Landlord's consent within five ( 5 ) days of receipt of Landlord's aforesaid election to terminate . ARTICLE 16 : WAIVER OF CLAIMS AND INDEMNITY Tenant waives all claims against Landlord and its agents and employees for injury to persons or damage to property sustained by Tenant or any person claiming through Tenant resulting from any occurrence in or upon the Premises or building of which the Premises shall be part, including, but not limited to, such claims for damages resulting from : ('a) any equipment or appurtenances becoming out of repair; (b) the Premises or the building being out of repair; (c) injury or damage done or occasioned by wind, water, flooding, freezing, fire, explosion, earthquake, excessive heat or cold, vandalism, riot or disorder or other casualty; ( d) any defect in or failure of plumbing, heating, ventilating or air conditioning equipment, of electric wiring or installation thereof, of gas, water or steam pipes , and of stairs, railings or walks ; (e) broken glass ; (f) the backing up of any sewer pipe or down spout; (g) the bursting, leaking or running of any tank, tub washstand, water closet, waste pipe, drain cooling coil or any other pipe or tank in , upon or about such building or Premises ; (h ) the escape of steam or hot water; ( i ) water, snow or ice being upon or coming through the roof, skylight, trapdoor, stairs , walk or any other place upon or near such building or Premises or otherwise ; (j ) the falling of any fixture, plaster or stucco ; or (k) any act, omission, or negligence of other tenants, persons or occupants of said building, of adjoining or contiguous buildings or of adjacent or contiguous properties . Tenant agrees to indemnify, defend and hold harmless Landlord and its agents and employees , from and against all claims , liabilities, losses , damages and expenses ( including all costs and expenses of defending against same) for injury to death of any person or loss or damage to property in or upon said Premises and including the person and property of Tenant, its employees, agents, invitees , licensees or others, it being understood and agreed that all property kept, stored or maintained in or upon the Premises, shall be at the risk of Tenant. The foregoing indemnity shall be in addition to Tenant's obligation to supply the insurance as required by Article 10 and not in discharge of substitution for same . If any damage to the portion of the Premises which Landlord is responsible to repair or maintain or other property of Landlord results from any act or neglect of Tenant, its agents or employees, Landlord may at its option repair such damage, and Tenant shall promptly on demand reimburse Landlord for the cost thereof to the extent same is not covered under landlord' s Insurance . ARTICLE 17 : DEFAULT BY TENANT It is agreed that : (a) Tenant vacates or abandons the Premises or permits the same to remain vacant or unoccupied for a period of ten ( 10 ) days or fails to conduct business at the Premises for a period of five ( S ) consecutive days ; (b) if the rent, any other charges due pursuant to the terms of this Lease, or any part thereof shall be unpaid for five days after written notice thereof to Tenant; (c) if default shall be made in prompt and full performance of any covenant, condition or agreement of this Lease to be kept or performed by Tenant and Tenant shall fail to promptly and fully cure such default or breach or performance or such default or breach of performance shall continue for more than a reasonable time (in no event to exceed thirty (30) days , unless , with respect to any default which cannot be cured within thirty (30 ) days, Tenant or any person holding by, through or under Tenant, in good faith, within ten ( 10) days after receipt of such written notice, shall have commenced and thereafter shall continue diligently to prosecute all action necessary to cure such default), after written notice to Tenant, specifying such default or breach of performance; or (d) ; if any proceeding shall be commenced to declare Tenant or Guarantor of this Lease, if any, bankrupt or insolvent or to obtain relief under any chapter or provision of any bankruptcy or debtor relief law or act or to reduce or modify Tenant's or Guarantor's debts or obligations or to delay or extend the payment thereof, or if any assignment of Tenant's or Guarantor's property be made for benefit of creditors , or if a receiver or trustee be appointed for Tenant or Tenant's Guarantor's property or business (unless in the case of a petition filed against Tenant or Guarantor, the same is dismissed within sixty (60) days), then Landlord may treat the occurrence of any one or more of the foregoing events as a breach of this Lease and thereupon at its option, without further notice or demand of any kind to Tenant or Guarantor or any other person, may have, in addition to all other legal or equitable remedies, the following described remedies : (i) Landlord may elect to terminate this Lease and the term created hereby in which event Landlord forthwith may repossess the Premises and Tenant shall pay at once to Landlord as liquidated damages a sum of money equal to the rent provided in Article 1 of this Lease and other sums provided to be paid by Tenant to Landlord for the balance of the stated term of this Lease less the fair rental values of the Premises for said period and Tenant shall pay any other sum of money and damages due or to become due to Landlord from Tenant. (ii) Landlord may elect to terminate Tenant's right of possession without termination of this Lease in which event Tenant agrees to surrender possession and vacate the Premises immediately and deliver possession thereof to Landlord and Tenant hereby grants to Landlord full and free license to enter into and upon the Premises, in whole or in part, with or without process of law to repossess Landlord of the Premises or any part thereof and to expel or remove Tenant and any other person , firm or corporation who may be occupying or within the Premises or any part thereof and remove any and all property therefrom without terminating the Lease or releasing Tenant in whole or in part from Tenant's obligation to pay rent and perform the covenants, conditions and agreements to be performed by Tenant as provided in this Lease without being deemed in any manner guilty of trespass , eviction or forcible entry or detainer, and without relinquishing Landlord's right to rental or any other right of Landlord under this Lease or by operation of law . Tenant hereby expressly waives the service of any notice of any election made by Landlord under this Article and demand for possession , including any and every form of demand and notice prescribed by law, Landlord being obligated to give only such notice as in this Lease specified . Upon and after entry into possession without terminating this Lease, landlord may, but shall not be obligated to relet all or any part of the Premises for the account of Tenant for such rent and upon such terms and to such person, firm or corporation and for such period or periods as landlord in Landlord' s sole discretion shall determine ( including the right to relet the Premises for a term greater or lesser than that remaining under the stated term of this Lease and the right to relet the Premises as part of a larger area and the right to change the character or use made of the Premises) and Landlord shall not be required to accept any tenant offered by Tenant (nor shall any such offer have any effect on Landlord's right hereunder), to observe any instruction given by Tenant about such reletting or to do any act or exercise any care or diligence with respect to such reletting or to the mitigation of damages of Tenant. All such consideration so received shall be the sole property of Landlord ; provided; however, if the consideration collected by Landlord upon such reletting for Tenant's account is not sufficient to pay the rental and other charges reserved in this Lease together with an amount equal to five percent (5 %) of the rent provided for in any new lease as liquidated damages and cost of repairs, alterations , additions, and Landlord 's other expenses, Tenant agrees to pay Landlord the deficiency on demand . The service of a five-day notice, demand for possession, a notice that the tenancy hereby created will be terminated on the date therein named, institution of an action of forcible detainer or ejectment or the entering of a judgment for possession in such action, or any other act or acts resulting in the termination of Tenant's right to possession of the Premises shall not relieve Tenant from Tenant's obligation to pay the rent hereunder during the balance of the term or any extension thereof, except as herein expressly provided . Landlord may collect and receive any rent due from Tenant and the payment thereof shall not constitute a waiver of or affect any notice or demand given, suit instituted or judgment obtained by Landlord, or be held to Waive, affect, change modify or alter the rights or remedies which Landlord has in equity or at law or by virtue of this Lease. The acceptance of liquidated damages by Landlord under any of the provisions of this Lease shall not preclude Landlord from the subsequent enforcement of any of the covenants or agreements of this Lease, nor shall any other act which infers recognition of the tenancy operate as a waiver of Landlord's right to terminate this Lease or operate as an extension of this Lease . ARTICLE 18 : REMEDIES All rights and remedies of Landlord herein created or otherwise existing at law or equity are cumulative and may be exercised concurrently, whenever and as often as deemed desirable, and the exercise of one shall not be taken to exclude or waive the right to the exercise of any other The failure of Landlord to insist upon strict performance by Tenant of any of the covenants, conditions and agreements of this Lease or upon strict compliance by Tenant of any other tenant in the Center of any rule or regulation shall not be deemed a waiver of any of Landlord's rights or remedies concerning any subsequent or continuing breach or default by Tenant of any of the covenants , conditions and agreements of this Lease or any rule or regulation . No surrender of the Premises shall be affected by Landlord's written acceptance of such a surrender. ARTICLE 19 : SURRENDER OF PREMISES ; ABANDONMENT OF TENANT' S TRADE FIXTURES ; HOLDOVER Upon expiration or termination of this Lease, by lapse of time or otherwise, Tenant agrees peaceably to surrender to Landlord the Premises, including the alterations , additions, improvements, changes and fixtures, other than Tenant' s movable trade fixtures , in broom-clean condition and in good repair, except for damage caused by acts of God, ordinary use and wear and damage by fire or casualty . Tenant agrees to remove Tenant's trade fixtures and to repair all damage to the Premises caused by such removal . Tenant' s failure to remove such trade fixtures shall be deemed an abandonment and Tenant shall pay upon demand for Landlord's cost of such removal, including the cost of repairing any damage to the Premises caused by Landlord' s removal of such trade fixtures . In the event that Tenant shall fail to surrender the Premises as provided above, Tenant agrees to pay Landlord, as liquidated damages, a sum equal to twice the rental as provided in Article 1 of this Lease to be paid by Tenant to Landlord for all the time Tenant shall so retain possession of the Premises or any part thereof plus any additional rental payments and charges provided for in this Lease ; provided, however, that exercise of Landlord' s rights under this Article shall not be interpreted as permission to Tenant to continue in possession . This Article shall not operate as a waiver of Landlord' s right to Tenant to continue in possession . This Article shall not operate as a waiver of Landlord's right of re-entry . ARTICLE 20 : UNPERFORMED COVENANTS OF TENANT In the event Tenant shall fail to comply with any of the provisions of the Lease to be performed by Tenant, Landlord shall have the right (but not be obligated) to perform any such provisions, and Tenant agrees to pay to Landlord on demand, sum equal to the amount expended by landlord in the performance of such provisions . Landlord's actions under this Article shall not constitute an eviction of Tenant, in whole or in part nor relieve Tenant from the continued performance of all covenants , conditions and agreements of this Lease, nor create any liability for any claims for loss or damage to Tenant or anyone claiming through or under Tenant. ARTICLE 21 : NOTICES Notices and demands required or permitted to be given hereunder shall be in writing and given by personal delivery or be sent by certified mail to the parties entitled thereto, directed to them at the address stated under their name on the signature page of this Lease or to such other address as was last specified respectively by written notice by Landlord or Tenant. Notices and demands shall be deemed to have been given when deposited in the United States mail or, if made by personal delivery, then upon such delivery . ARTICLE 22 : SUCCESSORS AND ASSIGNS All covenants , promises , conditions, representations and agreements herein contained shall be binding upon, apply and inure to the parties hereto and their respective heirs, executors , administrators, successors and permitted assigns . As used in this Lease the word " Tenant" shall include, where appropriate, any party or parties having or making claim to the leasehold interest herein, it being understood and agreed, however, that the provisions of Article 17 hereof are in no way impaired by this Article 24 . ARTICLE 2 ') : REPRESENTATIONS AND INTERPRETATIONS It is understood and agreed by Tenant that Landlord, its agents and employees have made no representations or promises with respect to the Premises or the making or entry into this Lease except as in this Lease expressly set forth and that no claim or liability, or cause for termination, shall be asserted by Tenant against Landlord for, and neither Landlord or its agents and employees shall be liable by reason of, breach of any representations or promises not expressly stated in this Lease . The parties hereto agree that it is their intention hereby to create only the relationship of Landlord and Tenant, and no provision hereof, or act of either party hereunder, shall ever be construed as creating the relationship of principal and agent, or a partnership, or a joint venture or enterprise between the parties hereto, or to render either party hereto liable for any of the debts or obligations of the other party. The necessary grammatical changes required to make the provisions of this Lease apply in the plural sense where there is more than one tenant and to either corporations, associations, partnerships or individuals, males or females, shall in all instances be assumed as though in each case fully expressed . References to " Landlord " herein shall be interpreted as including the title holding Trust and Landlord's beneficiaries , who shall have the right to enforce the obligations of Tenant in this Lease set forth in their own names or through an agent. The laws of the State of Illinois shall govern validity, performance and enforcement of this Lease . The submission of this Lease for examination does not constitute an offer to lease or a reservation of or option for the Premises, and this lease becomes effective only upon execution and delivery thereof by Landlord and Tenant. The captions of this several articles contained herein are for convenience only and do not define, limit, describe or construe the contents of such articles . This Lease sets forth all of the covenants, promises, agreements, conditions, and understandings between Landlord and Tenant concerning the Premises and there are no covenants , promises , agreements, conditions or understandings, either oral or written, between them other than are herein set forth . Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Lease shall be binding upon Landlord or Tenant unless reduced to writing and signed by them . If any provision of this Lease is held to be invalid, such invalid provision shall be deemed to be severable from and shall not affect the validity of the remainder of the Lease . ARTICLE 24 : LANDLORD ' S FEES Whenever Tenant requests Landlord to take any action or give any consent required or permitted under this Lease, except as otherwise provided herein, Landlord may do so in its sole discretion and Tenant will reimburse Landlord for Landlord ' s reasonable out-of-pocket costs incurred in reviewing the proposed action or consent, including without limitation attorney ' s fees, engineer' s fees and architect ' s fees within ten ( 10 ) days after Landlord ' s delivery to Tenant of a statement of such costs . Tenant shall be obligated to make such reimbursement without regard to whether Landlord consents to any such proposed action . ARTICLE 25 : BROKERAGE FEES Tenant agrees to pay and to hold Landlord harmless from any cost, expense or liability ( including cost of suit and reasonable attorneys' fees ) for any compensation , commission or charges claimed by any realtor, broker or agent with respect to this Lease and the negotiation thereof other than a broker with whom Landlord has signed a written agreement. ARTICLE 26 : PROHIBITION AGAINST RECORDING Any recording of this Lease, or any writing or memorandum with respect thereto by Tenant or by anyone acting through, under or on behalf of Tenant shall make this Lease null and void at Landlord' s election . IN WITNESS WHEREOF, the parties hereto have executed this Lease and the attached Riders on the date first above written . Exhibit A - Shopping Center Site Plan Exhibit D - Rules and Regulations Exhibit D -- Work to be performed by landlord TENANT ° City of Yorkville LANDLORD: Crestlake Holdings, LLC By: Valerie Burd, Mayor By: Dean Tomich, Member ADDRESS OF TENANT : ADDRESS OF LANDLORD : 800 Gagne Farm Road 2250 Weber Road Yorkville, IL 60560 Crest Bill, IL 60403 Exhibit D — List of work to be completed by landlord within two weeks of lease commencement date : Landlord shall put up drywall on all interior walls and install restroom facilities per the United City of Yorkville ' s building codes , and install electrical outlets and lighting per the National Electric Code for Cormnercial Buildings, year 2002 (unamended) . No drop ceiling is required for the project, unless desired by the Landlord, and shall be installed at the Landlord ' s expense . N Clp Reviewed By: Agenda Item Number J� T Legal ❑ 4 �:k I/ (' a Esr 1636 Finance ❑ Engineer ❑ Tracking Number O y City Administrator ❑ Win 9 �sw 20 Consultant ❑ ye�tlGUnly ` ❑ <LE Agenda Item Summary Memo Title: Request to amend city code to issue an additional package liquor license—Target Meeting and Date: City Council 7/8/08 Synopsis: Request to amend city code to allow the Liquor Commissioner to issue a Class B: Package Liquor License to Target. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Vote to approve ordinance amending city code. Submitted by: Lisa Pickering Clerk's Office Name Department Agenda Item Notes: Please see attached information. This item was previously scheduled to be at the June 26 Public Safety meeting which was cancelled. This is a time sensitive issue due to the fact that Target has a scheduled opening date for the end of July. At Memorandum EST�1 ess To: Mayor and City Council From: Lisa Pickering, Deputy Clerk p9 ® ® CC: Brendan McLaughlin, City Administrator ®2 Bart Olson, Assistant City Administrator <ZE ®yv Date: July 2, 2008 Subject: Request for Class `B" Package Liquor License — Target We have received an application for a Class `B" — Package Liquor License for the new Target Store. The store will be located at 1652 Beecher Road in Kendall Marketplace. Per Ordinance No. 2007-62 approved on September 11 , 2007, there is now a limit on the number of package liquor licenses that can be issued. Any new requests for package licenses will go to city council for approval to amend the city code to allow for new locations to be licensed. There are currently seven locations licensed for Class `B" Liquor Licenses and 5 locations licensed for Class `B- 1 " Licenses (see attachment #1). Greg Weber, the GIS Coordinator, has provided a map depicting the locations of all of the package liquor licenses for the city (see attachment #2). Approval of this ordinance will bring the total of Class `B" licenses up to eight. The Class `B- 1 " licenses will remain at a total of five. Please note that per the current city code, section 3-3-6 limits the number of package liquor licenses that can be issued in a shopping center. The code states that for shopping centers up to 100,000 square feet of gross building floor area, there can be only one B or B- 1 license issued. For shopping centers over 100,000 square feet, there can be one additional B or B-1 license issued. Kendall Marketplace has over 100,000 square feet, which would allow for two package liquor licenses to be issued per city code. If council decides to amend the liquor code to allow another package liquor license to be issued, this would be the first package license issued for this shopping center. Staff recommendation is to approve the ordinance amending city code to allow the Liquor Control Commissioner to issue a package liquor license pending approval of the Target liquor license application. UNITED CITY OF YORKVILLE PACKAGE LIQUOR LICENSES IN FORCE AS OF 6/20/08 BUSINESS ADDRESS CLASS/DESCRIPTION Stacked Liquors 121 Saravanos Drive B Beer, Wine, and Liquor Package Only Yorkville Liquors 1925 Marketview Dr. B Beer, Wine, and Liquor Package Only Corner Liquor & Grocery 102 W. Fox Street B Beer, Wine, Liquor Package Only Jewel/Osco 234 E. Veteran's Parkway B Beer, Wine, Liquor Package Only Pride Pantry 302 N. Bridge St. B Beer, Wine, Liquor Package Only Vat & Vine Liquor Store 634 W. Veterans Pkwy, B Beer, Wine, Liquor Suite A Package Only 7-Eleven 1541 - 1545 Sycamore Rd. B Beer, Wine, Liquor Package Only Circle K #1272 1421 N. Bridge Street B-1 Beer, Wine Pkg Only Circle K #1277 2001 S. Bridge Street B-1 Beer, Wine Pkg Only BP Products North America 1402 N. Bridge Street B- 1 Beer, Wine Pkg Only Speedway SuperAmerica 504 S. Bridge St. B-1 Beer, Wine Pkg Only Aldi Store #47 1610 Bridge Street B- 1 : Beer &Wine Pkg Only Proposed Location Target 1652 Beecher Rd B Beer, Wine, and Liquor Kendall Marketplace Package Only Page 1 of 1 Legend _.. Liquor License Locations 30 CLASS j i i IF e .:-=-=-=_4i r._.._.._.._ 1 *' Proposed B Proposed B-1 1 ! ! 47 �- 1 rte:. •. } !.._. _., ; I T ! 34 r 71 I it 24 !s v _ 1 128 128 I l._ 47 \'• 71 I ! `- i !i I ! i j in The Done Is pmvldedw ivur.n",.n,representation a Liquor License Locations reuraceop,wld w.r..m.teness.ltlslher pon i6ilryo end acre ,e o el determine acwrery,smartness,eempleteness,and appropriateness or l6 use The United qty of YanWille makes no June 20,2008 warren-,e,pressed or Implied,tp the use of We Data. -United Vrt ofY oWille GIs UNITED CITY OF YORKVILLE ORDINANCE NO, AN ORDINANCE AMENDING SECTIONS 3-3-6 OF CHAPTER 3 (LIQUOR CONTROL) OF TITLE 3 (BUSINESS AND LICENSE REGULATIONS) OF THE UNITED CITY OF YORKVILLE CITY CODE PASSED BY THE UNITED CITY OF YORKVILLE THIS DAY OF 12008 Published in pamphlet form by the authority of the United City of Yorkville this day of 2008. UNITED CITY OF YORKVILLE ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 3-3-6 OF CHAPTER 3 (LIQUOR CONTROL) OF TITLE 3 (BUSINESS AND LICENSE REGULATIONS) OF THE UNITED CITY OF YORKVILLE CITY CODE WHEREAS, the Liquor Control Act of 1934, 235 ILCS 511 - 1 , et seq., (the "Liquor Control Act") sets forth a comprehensive system for the regulation of liquor control within the state of Illinois, and authorizes broad powers to municipalities with regard to local retail licenses; and WHEREAS, the United City of Yorkville has undertaken a comprehensive system for the licensing and regulation of the sale of liquor within its boundaries pursuant to said Liquor Control Act; and WHEREAS, the City Council of the United City of Yorkville has determined that it will promote the public health, safety and welfare, and that it is in the best interests of the City to amend the regulations pertaining to the sale of liquor as set forth in the City Code of the United City of Yorkville as set forth herein. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville as follows: Section 1. Recitals. The preliminary paragraphs set forth above are incorporated herein as part of this Ordinance. Section 2. Section 3-3-6 of Chapter 3 (Liquor Control) Of Title 3 (Business And License Regulations) of the United City of Yorkville City Code is hereby amended by deleting said section in the entirety and replacing it with following new Section 3-3-6: 2 3-3-6: NUMBER OF LICENSES: No limitation shall be in effect within the city as to the maximum number of liquor license holders, except with reference to: 1 . Holders of classes Al through A4 which shall not exceed the number of two (2) licenses issued at any given time in an area commencing at the intersection of the center line of Route 47, also known as Bridge Street, and the center line of Van Emmon Street, and running thence west along the center line of Van Emmon Street to the alley; thence in a northerly direction parallel to the center line of said Route 47 to the south bank of the Fox River; thence easterly along the south bank of the Fox River to a point which intersects with the center line of Heustis Street extended; thence along said east line extended in a southerly direction and along the center line of said Heustis Street until said line intersects the center line of Van Emmon Street; thence west along the center line of Van Emmon Street to the intersection of the center line of Route 47; thence westerly along the center line of Van Emmon Street to a point 100 feet westerly of the easterly line of Route 47; thence southerly parallel with Route 47 (the same being Bridge Street) to the point of intersection of the center line of Washington Street; thence easterly along the center line of Washington Street to a point 100 feet easterly of the easterly line of Route 47, the same being Bridge Street thence northerly parallel with the easterly line of Route 47 to its intersection with the center line of Van Emmon Street; thence westerly along the center line of Van Emmon Street to the place of beginning. In any event, it shall be unlawful to sell or offer for sale at retail any alcoholic liquor within any residential portion of the city ?. 2. The liquor control commissioner shall further have a right to issue up to a total of three (3) additional retail type licenses inclusive of any of the four (4) existing retail class licenses, in areas outside the above designated downtown area and outside of any residential area subject to approval of the city council, in order to provide for the orderly growth of the city with respect to additional territories being developed and annexed within the city. No licenses in excess of three (3) additional Al through A4 class licenses, inclusive, shall be issued outside of the downtown area without amendment of this section by the city council. 3 . Maximum Number Of Package (Class B and B-1) Liquor Licenses: There shall be no more than eight (8) Class B liquor licenses at any one time. There shall be no more than five (S) Class B- 1 liquor licenses at any one time. 4. There shall be permitted not more than any one liquor license of any package (B or B- 1 ) class in any shopping center up to one hundred thousand (100,000) square feet of gross building floor area. There will be available one additional liquor license of said package class for those shopping centers in excess of one hundred 3 thousand (100,000) square feet of gross building floor area upon approval of the liquor commissioner. Section 3. Effective Date. This Ordinance shall be in full force and effect after its passage and approval, and publication according to law. Section 4. Severability. In the event that any section, clause, provision, or part of this Ordinance shall be found and determined to be invalid by a court of competent jurisdiction, all valid parts that are severable from the invalid parts shall remain in full force and effect. 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 GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS BOB ALLEN Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2008. MAYOR 4 Reviewed By: Agenda Item Number J� Q 0� Legal ❑ EST. Finance F]1836 Engineer ■ Tracking Number t� * y City Administrator F1 �.x,•„ �O Consultant El�•„ ` PC 2008-12 CE ,��, Parks and Recreation El PC 2007-23 Agenda Item Summary Memo Title: Zangler Property Annexation and Zangler Woods Subdivision Plat Meeting and Date: City Council—July 8, 2008 Synopsis: Request for Annexation, Annexation Agreement and Final Subdivision Plat Council Action Previously Taken: Date of Action: October 23, 2007 Action Taken: Annexation Agreement Public Hearing Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached. =s��o ctry Memorandum 1 o J 4 'n To: EDC M. 1 1836 From: Travis Miller CC: Lisa Pickering, Deputy Clerk (for distribution) < 41 r( Date: June 26, 2008 0 9 Subject: PC 2007-23 Zangler Annexation and PC 2008-12 Zangler Woods — Plat of Subdivision Background: The petition requested annexation of the property in 2007 and was reviewed by the Plan Commission October 10, 2007 and was recommended for approval subject to the staff comments prepared October 2, 2007 (attached) with the exception of a recommendation made by staff for the annexation agreement to include a provision to require the creation of an easement for a future multi-use trail. This provision was removed from the draft agreement based on this recommendation and City Council direction given to staff at the October 23, 2007 Public Hearing. Prior to final approval of the annexation agreement, the petitioner decided to prepare this subdivision plat for approval simultaneously with the annexation. The terms of the annexation agreement drafted in 2007 (attached) includes provisions for utility easements which should be included on this plat and are explained below. Subdivision Plat - Staff Comments and Recommendations: 1 . Zoning Ordinance 10-4-5 requires all land annexed into the City be classified as R-1 Residential. The petitioner is not requesting a re-zoning from this classification upon annexation. The proposed plat was reviewed assuming R-1 Zoning Classification. 2. Plat of Subdivision, Sheet 1 comments: (Comment from October 2, 2007 report) - Staff recommends the subdivision plat include the following public easements: a. A utility easement to allow the extension of a sanitary sewer line across (east- west) the property in the future to serve the homes on Quinsey Lane east of the subject property. In the October 2, 2007 staff report, Joe Wywrot, City Engineer advised this easement width should be a minimum of 30 feet wide. On June 6, 2008 Wywrot reviewed the site plan currently proposed by the owner and revised the recommended width to 20 feet. This easement location should be in line with the existing manhole where the sewer makes a bend to the west and could be aligned to accommodate the future home and pool locations depicted on the proposed grading plan. b. An additional ten (10) feet is proposed to be added to the existing utility easement along the west property boundary based on previous staff comments. i. Note: A sanitary sewer and storm sewer already occupy the existing easements along the west property line. The additional dedication will enable the City to extend a watermain along this same alignment for future extensions to the west through the Woodworth property. 0 United City of Yorkville Memo o 00 800 Game Farm Road EST , I _ 1836 Yorkville, Illinois 60560 `r`-- Telephone: 630-553-8545 0 9 �® oy Fax: 630-553-3436 Date: October 2, 2007 To: Plan Commission From: Travis Miller, Community Development Director Cc: Stephanie Boettcher, Senior Planner (for distribution) Subject: PC2007-23 Zangler Property Annexation Request Comprehensive Plan Recommendations: The Comprehensive Plan Land Use Plan for the property recommends Suburban Neighborhood Land Use for the majority of the property with Park/Open Space Land Use along the western portion and along the Fox River frontage. Staff Comments: 1 . Zoning Ordinance 10-4-5 requires all land annexed into the City be classified as R-1 Residential. The petitioner is not requesting a re-zoning from this classification. The R- 1 zoning district is appropriate zoning to be consistent with the Comprehensive Plan recommendation. 2. Staff recommends the Annexation Agreement include provisions to establish the following public easements (refer to Attachment 1): a. A utility easement to allow the extension of a sanitary sewer line across (east-west) the property in the future to serve the homes on Quinsey Lane east of the subject property. Joe Wywrot, City Engineer has advised this easement width should be a minimum of 30 feet wide. b. An additional ten (10) feet be added to the existing utility easement along the west property boundary. c. An easement for a multi-use trail along Quinsey Lane (north property boundary), follow the west property boundary allowing for connection to the adjacent property on the west. 3. The petitioner will be requesting annexation to YBSD for only a portion of the property. The intention is to annex an area surrounding the proposed home site only. Staff recommends this issue be resolved between the petitioner and YBSD and addressed in the annexation agreement. It should be clearly stated in the Annexation Agreement that in the event this property is further developed/divided into additional home sites, those homes would be required to be served by sanitary sewer and the YBSD territory would be expanded as necessary. 1 c. An additional 10-foot wide public utility and drainage easement is proposed to be dedicated immediately east of and adjacent to the existing easement dedicated as Document 200400003975 based on previous staff comments. This easement runs from the north property line to the E-W sanitary sewer easement discussed in item (a) above. PLAT_ OF TOPOGRAPHY F , LKa5V0 q�l" Attachment 1 OM ,a ID �,ra.rvurur �. 1 Y .S- - k rw..,a..a W.�r..... m,.��QQ �' �4 �s � ' �d;I � .a •.,. • W � f �•I fi Existing Utility Easement ,{ � - 10'Requested Addition to Utility Easement - Requested 30'Sanitary Easement Requested Multi-Use Trail Alignment #, 1 41 s, I - i' tt. 1 IA p ,r•a - r- r's� 3F f 0 I o y a nG nny:Vt 16_f — __ UPV E+ING n•nr ,ex ru .erne 1 REfE 263.02' ----BUILDING SET AC6 / IF so 14' \ ED-13NU SE z\ I I Nil=586.10 3 .)2'. 1 NN X011' • 4 I;c Q.� iJ` p0�\4 ` CONC. TI 4 Q3 Z� � ol pSV T x> Z• �0.." p5. �' Oa vz3LL f� s nw�U) Li :V)0;m 1•. Zq',Jq' - A.i u 37 d9 '. " 5 2.0 PORCH 7' 9.0 6"PVC- - 26 .COVER -- -4. 2', N.SERVI 1.00° FENCE— �� .. ` . "PVC SDR 26 - --- - AN.SERVICE. "�`i, 2i.. -0 -- Lo _ REMAINS OF STUD 1 00% MIN. ` �' `o FENCE `� � \\ 394 x'•, 15' .3 /9.91 I,- DECK N 1ST •83 iV. FLOOR - C i h0 2 W 4' \ ULT,I TRUNK I 14 -A Ii f 16 N ' .� \ \ l \\ nSw'Y• / 012 79 15 O �9• �3. 15' .2� �,�. s AP APPROXIMATE _ ` --- LIMIT OF DISTURBANCE `\ aeon EU CEP Q 0 Ln a = „ o m `? 4 r€j o C A7 Subject Property ®� ® Y a United Cit Oi YOIkVille GIS The Data is provided withoutwarranty or any representation of e y accuracy,timeliness,or completeness.It is the responsibility of the Parcel Data and Aerial Photography "Requester"to determine accuracy,timeliness,completeness,and Provided By Kendall County GIS appropriateness of its use.The United City of Yorkville makes no warranties,expressed or implied,to the use of the Data. I Rev. 12/12/07 Rev. 6/26/08 i ANNEXATION AGREEM ( erty) THIS ANNEXATION AGRE T ("A is made and entered as of the _ day of July, and be THONY ZANGLER and NICOLE ZANGLER (co ely, "O RS"), a UNITED CITY OF YORKVILLE, a municipal tion org xisting r and by virtue of the laws of the State of Illinois (here ed to as " ') by and through its Mayor and Aldermen uthor OWNERS and DEVELOPER and the CITY are sometimes ereinafter re o indiv y as a "Party" and collectively as the "Parties". RECITALS: A. RS are the owners of certain parcels of real estate legally described and sh e Plat of Annexation, attached hereto as Exhibit "A" (hereinafter referred to as "SUBJECT PROPERTY"). B. OWNERS desire to annex the SUBJECT PROPERTY to the CITY for the purposes of constructing one single family residence. The SUBJECT PROPERTY is currently contiguous with the existing corporate limits of the CITY and is not within the boundary of any other city. C. OWNERS desire to proceed with the development thereof fo esidential use in accordance with the terms and provisions of this Agreement. D. OWNERS propose that the SUBJECT PROPERT to the R-1 Single-Family Residence District provisions of the City Ordmanc ping Ordinance") within the SUBJECT PROPERTY con ' of approximately fiv eight tenths (5.8) acres, legally described in Exhi ' attached E. All public hearings, as required by een duly held by the appropriate hearing bodies of the C upon the matte red by this Agreement. The Plan Commission conducted a is arding nested zoning and conceptual site plan on October 10, 20 ity i d the public hearing on the annexation agree ober 23, F. ITY and RS h iven all appropriate notices due to be given pursu applica linois Compiled Statutes and the City Code. e Cc Authorities, after due and careful consideration, have concluded that ecutio f this Annexation Agreement subject to the terms and visions hereof, the zoning and development of the SUBJECT PROPERTY as P for h will inure to the benefit and improvement of the CITY in that it will increas xable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. H. (i) Each parry agrees that it is in the best interests of the OWNERS and the CITY to annex and develop the SUBJECT PROPERTY with one single family residence. (ii) Each party agrees that it is in the best inter the local governmental bodies affected and the O rovide for performance standards in the deve nt of the ECT PROPERTY. I. It is the desire of the CITY and ERS th development an use of the SUBJECT PROPERTY proceed as conve be, in accordance with the terms and provisions of this Agre . ent, and be subje e applicable ordinances, codes and regulations of the CITY n fect, exc otherwise provided in this Agreement. J. The and their entatives have discussed the proposed annexation an e attende b hear of the Plan Commission and the City Council. NOW, T in consideration of the foregoing preambles and mutual nan s I reem ntained herein, the Parties hereto agree to enter into this Agreement and upplem the Petition for Annexation and drawings submitted rewith, and agr at the annexation, zoning and plan for the SUBJECT PROPERTY s appro y the City Council upon the following terms and conditions and in conside f the various agreements made between the parties: 11 LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ANNEXATION AND ZONING. As soon as reaso practicable following the execution of this Agreement, the Corporate An dopt such ordinances as may be necessary and appropriate to ann as zone the CT PROPERTY under the R-1 Single-Family Residenc ct provisions of the Zoning Ordinance ("Zoning Ordinance"). OWNERS agree that the SUBJECT P all be developed in accordance with the ordinances of - CITY, as appro subsequently amended, unless otherwise provided for her o follow the policies and procedures of the CITY in connection such cept as modified in this Agreement. The pa acknowle that the RS will be required to subdivide the property in ' ance w' I trol Ordinance in order to annex only a portion of the su perty to the Yorkville Bristol Sanitary District. The Owners su appli to the City for Preliminary and Final Subdivision within 90 days after the on is a oved. The City a s to consider the subject property as the "Lot' as defined by the g O cc for purposes of identifying and measuring Building Setback Line and Y for future building permit applications provided the lots identified in the said Subdivision remain under common ownership. Furthermore, the City agrees to waive the Improvement Plan requirement of the City Subdivision Control Ordinance described by Section 5.03 of said ordinance for said Subdivision. In the event the Owners desire to re-subdivide the property at a later date, any further subdivision of the land into buildable lots will require annexatio f the re- subdivided lot or lots as the case may be into Yorkville Bristol Sanitary t as well as require said lots to comply with Zoning Ordinance and Subdivis' Ordinance requirements, unless a variance is sought OWNER and appro d the City. 3, AMENDMENTS TO ORDINAN With the exception of the City considerate d in Section 2 of this agreement, all ordinances, regula ' codes of the including, without limitation those pertaining to subdivis c0 . torm ' er management and drainage, comprehensive land use plan, restrictitsns, as they presently exist shall apply to the C Y ERTY s development . 4. ES AND D first five (5) years following the date of this Agreement, the ITY s ose u d collect from the OWNERS, and their respective contractors and Tiers, only those permit, license, tap-on and connection fees and arges, and ' h amount or at such rate, as are in effect on the date of this A ent as are generally applied throughout the CITY, except as otherwise express rovided for in this agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit "C". Be The CITY represents and warrants to OWNERS that no part of the SUBJECT PROPERTY is currently subject to nor is there pending any request to subject any part of the SUBJECT PROPERTY to any special service area or special assessment district that will result in any special taxes or assessments for any po ' n of the SUBJECT PROPERTY, other than charges to existing drainage districts . ord, if any. 5. CONTRIBUTIONS. The CITY shall not r the ERS to donate any land or money to the CITY, or any other ental body, as otherwise expressly provided in this Agreement. 6. SCHOOL AND PARK DONATI I event this property is subdivided at a future date, the City ill impose land-ca uirements to this property in accordance with the amount esidential within the future development and/or subdivision pl t t' ermit application, the Owner agrees to co a amount on the Fee Schedule in Exhibit "C" of this agreemen 1 dwell' nits on the erty. 7. TIF ANCY. �p+41 The shall issue a certificate of occupancy for the dwelling unit nstructed SUB PROPERTY within five (5) working days after proper application there r within five (5) working days after the receipt of the last of the ents or info tion required to support such application, whichever is later. If the app i proved, the CITY shall provide the applicant within five (5) working days a ceipt of the application and all documentation or information required to support such application, with a statement in writing of the reasons for denial of the application including specification of the requirements of law which the application and supporting documents fail to meet. The CITY agrees to issue such certificates of occupancy upon the applicant's compliance with those requirements of law so specified by the CITY. The CITY, at its expense, shall retain the services of such nsultants and/or hire such employees as may be necessary to ensure that the CIT le to fulfill its obligations under this Subsection. The foregoing, however negate the obligation of OWNERS to pay all fees otherwise payab services d in connection with the issuance of certificates of oc cy under applicable ordinances. B. Notwithstanding the foregoing, certi i ancy shall be issued by the CITY for the dwelling unit wh driveway and/or alk paving and grading improvements have not been comple o adverse er conditions. 8. LIMITATIONS. In no - nt, in limitation, the exercise of the authority hapter 6 ion 5/11 -12-8 of the Illinois Compiled Statutes (200 , shall the Y require any part of the SUBJECT PROPERTY be dedica public the utility easements described in this Agreement. MENT OF IMPROVEMENTS. e SUBJECT P ERTY or any portion thereof may continue to be used for a al an sery uses as interim uses until the relevant portion of the SUBJECT PROP actually developed. Such uses shall constitute legal, non-conforming uses of the SUBJECT PROPERTY. 10. ONSITE EASEMENTS AND IMPROVEMENTS. The parties acknowledge that there is currently a 30 foot sanitary and sewer easement located on the westerly edge of the property. The Owners agree to add an additional 1 feet to the easterly portion of the existing easement at no cost to the City so that sement will become 40 feet in width and for the same purposes of the existin The parties further agree that the Ow ne sh 1 grant a gent easement to the CITY for the purposes of a sanitary easement, location an to be agreed upon by the parties. Said easeme be desc ' nd included in the final subdivision plat for the property. The easeme nt upon the CITY fully installing all sanitary sewer impr e within tw s from the date of the execution of this annexation agree t. t all sam " : wer improvements are not fully installed within two ye then a I ant shall expire and no longer exist. I ees to rate of $ 1 .00 per square foot for the aforementio sement. 11. CONNECTION. OWNERS and DEVELOPER shall develop OP as a single family residence approved by the CITY in accordance with terms eof, and shall not, as the OWNERS of said property, tition to disco any portion or all of said property from the CITY or from any s rovid the CITY. 12, CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 13. CITY ASSISTANCE. The CITY agrees to cooperate and provide any reasonable assistance requested by OWNERS in applying for and obtaining any and all approvals or permits necessary for the development of the SUBJECT P PERTY, including, but not limited to those required from the Illinois Enviro Protection Agency, the Army Corps of Engineers, the Federal Emergency M : gency, the United States Environmental Protection Agency, IDOT, e linois Dep t of Natural Resources, Bristol Township, the United C' Yorkville Park Boar Yorkville Community Unit School District 115. ITY ees to reasonably cooperate with OWNERS in obtaining all pemn ovals required by the applicable sanitary district, the Co of Kendall and a r governmental units in connection with the contemplated de UBJEC PERTY. 14. ADDRESSES. Wi urtee fter the annexation is approved, CITY wil WNERS a addresses of the lot for the purpose of expediting the - ss of obta g utility in tions by the applicable utility company or companie 15. S NT AMENDMENTS. It is understood and agreed that eque ent t is Agreement, may be obtained solely by the owner of any portion of the CT P ERTY and the CITY as to such portion without any tion or approval e owners of other portions of the SUBJECT PROPERTY if such ents d affect the rights, duties or obligations of the owners of the balance of the S PROPERTY not included in the aforedescribed amendments without any action or approval of the owners of other portions of the SUBJECT PROPERTY. Rezoning may be applied for and processed by the CITY without requiring an amendment of this Agreement. 16. GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable ' it Court of Kendall County by any of the parties or their successors o as gns by an riate action at law or in equity to secure the performance covenants and agree contained herein, including the specific perform this Agree t. This Agreemen shall be governed by the laws of the State of Illinois. B. Successors and Assi ns ,g This Agreement ure to the benefit of and be binding upon the OWNERS, an in title crest, and upon the CITY, and any successor municipaliti the erstood and agreed that this Agreement shall e land a rich, shall be assignable to and binding upon each and subsequ antee an cessor in interest of the OWNERS and the CITY. regoing standing, the obligations and duties of OWNERS here not be deemed transferred to or assumed by any purchaser of a t imp with a dwelling unit who acquires the same for residential occupation, unle erwise ressly agreed in writing by such purchaser. C. All s and Conditions Contained Herein. This Agreement contains all s and 'ons agreed upon by the parties hereto and no other prior agreement, regards ubject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any parry is require o, or may wish to, serve upon any other party in connection with this Agreement s e in writing and shall be deemed effectively given on the date of c lefacsimile transmission, on the date delivered personally or on the se usiness da wing the date sent by certified or registered mail, return r requested, postage pr addressed as follows: (I) If to OWNERS: Tony and Nicole Za en Avenue i L e, IL60515 with copies to: X653-7958 emunson, P.C. eet s 60560 Ingemunson 958(I1) If Y: rkville j 800 Game Farm Road Yorkville, IL 60560 Fax: 630 553-7575 uch o ersons and/or addresses as any party may from time to time desi in a written notice to the other parties. E. S bili . This Agreement is entered into pursuant to the provisions of Chap . 5111 -15.1-1 , et seq., Illinois Compiled Statutes (2002 ed.). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS shall take all action necessary or required to fulfill the intent of this Agreement as to the use and d , elopment of the SUBJECT PROPERTY. F. Agreement. This Agreement, and any Exhibits or a ereto, may be amended from time to time in writing with the conse f e parties, t to applicable provisions of the City Code and the law the State of Illinois. Agreement may be amended by the CITY and ner of re c f a portion of the SUBJECT PROPERTY as to provisions apply' thereto, without the consent of the owner of other portions . the SUBJECT P TY not effected by such Agreement. t G. Conveyances. Nothing ined ' s ` ent shall be construed to restrict or limit the OWNE ell or convey all or any portion of the SUBJECT PR whe proved o proved. H. Rqary lutions. The CITY shall pass all ordinances and r necessary to permit the OWNERS, and their successors or s, the CT PROPERTY in accordance with the provisions of this Agreement, pro said or ances or resolutions are not contrary to law. The CITY ees to authoriz Mayor and City Clerk to execute this Agreement or to correct any to defec 'ch may arise after the execution of this Agreement. erm of Agreement. The term of this Agreement shall be twenty (20) years from the date of execution of this Agreement. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and OWNERS. J. Captions and Paragraph Headings. The captions and paragra headings used herein are for convenience only and shall not be used in cons ny term or provision of this Agreement. K. Recording. This Agreement shall be rec e in the O the Recorder of Deeds, Kendall County, Illinois, at OWNE pense. L. Recitals and Exhibits. The reci et forth at beginning of this Agreement, and the exhibits attached hereto, are inco a in by this reference and shall constitute substantive provisions this Agreement. M. Counterparts. This A in execute unterparts, each of which shall be deemed an original, but f w ' - g 11 constitute one and the same document. N. oratori e CITY s of deny a building or other permits that may be ap or due ed moratorium and shall in no event t �N. unreasonably wi proval of said permits. Nothing contained herein shall affect Hill pose sanitary sewer or water main extensions by the Illinois g Environmental ction ncy, Yorkville-Bristol Sanitary District, or any other vemmental age at preempts the authority of the United City of Yorkville. is of the Essence. Time is of the essence of this Agreement and all docum eements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. P. Legal Challenges. If for any reason and at any time, the annexation of the SUBJECT PROPERTY to the CITY is legally challenged by any person or entity by an action at law or in equity, the CITY shall: (i) cooperate with OWNERS in vigorous defense of such action through all proceedings, including any appeals; take such other actions as may then or thereafter be possible pursuant to Municipal Code to annex the SUBJECT PROPERTY and/or other prop ie o the CIT t the annexation of the SUBJECT PROPERTY to the CITY sustained and/or effec Q. Major and Minor Modifications. y modific to any approve preliminary or final plats of subdivision and engine hich are deemed to be minor modifications, may be approv the CITY A or (following review and approval by the CITY Engineer) wi t r ublic he nd without formal amendment to the Planned Developme rov CT PROPERTY or this AGREEMENT. M I necess olve engineering, layout and/or design problems shall emed to b or modi ns so long as such modifications do not change the tial ch 11 ary or final plats of subdivision or engineering plan rease the total number of dwelling units allowed on the f � R revisions to a preliminary or final plat of subdivision or engineering pla ich if ermined by the CITY to be major modifications, shall uire review by CITY's Planning Commission and approval by the CITY Council. In ent sh h major modification require an amendment to this AGREEMENT. xculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, the CITY, OWNERS, including, but not limited to, county, state or federal regulatory bodies. S. Effectiveness. This Agreement shall be subject to and shall ke effect after the consummation of the transaction between OWNERS for the s any portion by OWNERS . [SIGNATURE PAGE FOL AYR IN WITNESS WHEREOF, the parties hereto have set their hands als to this Agreement as of the day and year first above written. .3 OWNERS: CITY: TONY ZANGLER i Tony Zangler i I Nicole Zangler UNI TY OF YORKVILLE, an Illino cipal corporation By: Title: Mayor I I Attest: i Title: City Clerk LIST OF EXHIBITS EXHIBIT "A" Legal Description EXHIBIT "B" Plat of Annexation of SUBJECT PRO EXHIBIT "C" Fee Schedule M W F N W •W W w W J u 4P Ll S WS02r rzi z 0 ¢ WFSOy6Q OOFWF- JN J Q 2h 00AWO J Ito O a SCWWO ZNJANO = % WFOZF- W F- Ot'+ ¢ 6ZW1- K WOZJZ ~ FmnFQ = NOS ZHO FJWKO {-• N S UN7J � X0 OI - KL pOl- ~ LL• JZN QH CUM "" ••�� W Old *FWr OI- NFdW Zd' K ZUy WQ6MSINWW2OFN• WWAIL SZ = FJ • MN6W N •ym FQZOh FF OCz W WS S O " F z Z . •- - F W;> W FO 6 6 N CMZWOW30wF m w Z3 1- OMttO O - SUM^ wonwUUti •-t ONCW ¢ Z LN yF- N CO T hJPL- Z02WFZZI WZOJ A OQ _ WH pA N - d MJ \ WzOUO NXAWMJ WMxd VWNQ• 3 > Ozw - N • •+ O .- - S NQZATIO Z r+ W ¢7 M1ZSwm t+ F OC � wwNz MIL f1- WJdF+ F+ wT /- W A 0: - `• Fw AA UC UF- Wy • Fw SW X60 O S - YWQWU C WmnwwF = MW = SNNW - F2 - N ®;x u �• OX SVZVVNAOZN WZWZK2 m66tyh hM Z V F 1- O F- 2WZWWZN6 WOHPXVO Z W ' %WOO TA .'F- ` ZOZ Zm ixxj ICXOQWW mCOF- YWI- 24 •Q W1- i- s w z 0 Q Z W ZJ ox ;. • a A O WZO.W' O - ¢ WIOOZ O CZZ W O ¢ +- V X - C - M ; W F m F h U O N W'O O z F U C H t > c M S -! 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" 2 WWA > OA " 00: wwZ J wx ¢ w wZUALLAZ 0 .� 0UJ W d W U A W Z H a Z d Z W F w Z W z d S 0 2 A W Z C 2 2 U r W x2 C W A O " OF ZWPA U W O Z !- CFgN000i-+ F QNF- NA S Z XO -•• UFm WU U N ZUU C NZ m � C r+ N �r U UU � cy C S OJ ^ WX = SW wW W " W W C ¢ QMCO SCS6 W •O LLIWOQLLO dQ. W W F M1U ¢ 6A W NFN ONZ = A m �1 W 'I .0 QZ i- W y ON - C mca OFwMY EXHIBIT "B" PLAT OF ANNEXATION OF SUBJECT - PERT Exhibit C United City of Yorkville Fee Schedule Fee Ty pe Fee Timine of Pa ment Fire District Development Impact Fee $1000/SF Building Permit (Note: This fee is not "locked" by this agreement.) Library Dev. Im act Fee $500/unit Building Permit Engineering Dev. Impact Fee $100/unit Building Permit Municipal Building Dev. Impact Fee $5,509/unit if paid at bldg permit Building Permit $3,288/unit if pre-paid at first final plat or Pre-Paid at Final Plat Parks & Recreation Dev. Impact Fee $50/unit Building Permit Police Dev. Impact Fee $300/unit Building Permit Public Works Dev. Impact Fee $700/unit Building Permit Administration Fee 1 .75% of approved engineer's cost Final Plat estimate for land improvements School District Transition Fee $3,000/unit Paid to School District prior to application for Building Permit Building Permit Fees Calculated based upon $650 per house plus Building Permit $.20 per square foot area of house as defined by City Public Walks/Driveway Inspection Fee $35/unit Building Permit Weather Warning Siren Fee $75/acre Final Plat Water Connection Fee $3,700/SF Building Permit Water Meter Costs Vary based on current City Fees Building Permit (Note: This fee is not `locked" by this agreement.) (currently $390) City Sanitary Sewer Connection Fee $2000/unit SF Building Permit Water and Sewer Inspection Fee $25/unit Building Permit Road Contribution Fund $2000/unit Building Permit County Road Fund $1,707/unit Building Permit Yorkville Bristol Sanitary District $3,660/acre At time of annexation to Annexation Fee Sanitary District (Note: This fee is not "locked" by this agreement.) Yorkville Bristol Sanitary District $1,400/unit Building Permit, Paid by Connection Fee separate check to YBSD (Note: This fee is not "locked" by this agreement. Yorkville Bristol Infrastructure $3,660/acre At time of IEPA permitting Participation Fee unless otherwise agreed to by (Note: This fee is not "locked" by this agreement.) YBSD Yorkville Bristol Permit Review Fee $.50 per LF of 8" diameter or larger sanitary Due at permitting. (Note: This fee is not `locked" by this agreement) sewer or $800 minimum (whichever is more) School/Park Land Donation $101 ,000/acre required — Acreage Building Permit required is based on projected population — calculation per Land-Cash Ordinance STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING AN ANNEXATION AGREEMENT WITH ANTHONY AND NICOLE ZANGLER 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 and Anthony Zangler and Nicole Zangler (the "Owner/Developer"), desire to enter into an Annexation Agreement (the "Agreement"), regarding property owned by the Owner/Developer which is approximately 5.8 acres (the "Subject Property"); and, WHEREAS, the Owner/Developer desires to annex the Subject Property to the city for the purpose of constructing one single family residence; and, WHEREAS, the Subject Property is contiguous with the existing corporate limits of the City and is not within the boundary of any other city; and, WHEREAS, the Subject Property will be classified as R-1 zoning, pursuant to City Zoning Ordinance 10-4-5; and, WHEREAS, the Agreement includes the Owner/Developer's obligation to grant a utility easement to allow the extension of a sanitary sewer line across the property in the future to serve the homes on Quinsey Lane, east of the Subject Property, and an additional ten (10) feet added to the existing utility easement along the west property boundary line, pursuant to City staff recommendations; and, WHEREAS, a public hearing was conducted by the Plan Commission regarding the requested zoning and conceptual site plan on October 10, 2007, and the Mayor and City Council (the "Corporate Authorities") conducted a public hearing on the annexation agreement on October 23, 2007, and all notices required by law have been given by the City and Owner/Developer; and, WHEREAS, the Corporate Authorities have concluded that the approval and execution of the proposed Annexation Agreement, attached hereto, is in the best interests of 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. The above recitals are incorporated and made a part of this Ordinance. Section 2 The attached Annexation Agreement is hereby approved, and, the Mayor and City Clerk are hereby authorized and directed to execute and deliver same. 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 ROSE SPEARS BOB ALLEN Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2008. MAYOR 2 j STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, WHEREAS, the United City of Yorkville, Kendall County, Illinois (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, a written petition, signed by one hundred percent (100%) of the legal owners of record and no less than fifty-one percent (51 %) of the electors of all land within the territory hereinafter described, has been filed with the City Clerk requesting that said territory be annexed to the City; and, WHEREAS, there are no electors currently residing within the said territory; and, WHEREAS, the said territory is not within the corporate limits of any municipality but is contiguous to the City; and, WHEREAS, legal notices regarding the intentions 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 of Kendall County; and, WHEREAS, the legal owners of record of said territory and the City have entered into a valid and binding Annexation Agreement relating to such territory; 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 Section 7- 1 -8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interest of the City 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 above recitals are incorporated and made a part of this Ordinance. Section 2. The territory legally described on Exhibit A and depicted on an accurate map on Exhibit B, both of which are attached and made a part of this Ordinance, is hereby annexed to the City. Section 3. The City Clerk is hereby directed to record and file a certified copy of this Ordinance with the County Recorder and the County Clerk. Section 4. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2008. CITY CLERK ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS BOB ALLEN Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2008. MAYOR Exhibit A Legal Description (see attached) Exhibit B Map of Territory to be Annexed (see attached) STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING A PRELIMINARY AND FINAL PLAT OF SUBDIVISION FOR ZANGLER WOODS SUBDIVISION 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, Anthony Zangler and Nicole Zangler, the owners of approximately 5.8 acres legally described in Exhibit A, attached and made a part of (the "Subject Property"), have submitted an application and petition for a preliminary and final plat of subdivision requesting that the Subject Property be divided into two (2) lots for the purpose of constructing one single family residence; and, WHEREAS, concurrently with this ordinance, the Mayor and City Council (the "Corporate Authorities") will approve and authorize execution of an annexation agreement, whereby the Subject Property will be annexed to the City and will then be located within the corporate limits of the City; and, WHEREAS, the Subject Property will be classified as R-1 residential once annexed; and, WHEREAS, the City staff recommends that the subdivision of the Subject Property are be approved so long as it includes a twenty (20) foot utility easement to allow the extension of a sanitary sewer line across the property in the future to serve the homes on Quinsey Lane east of the Subject Property, and that an additional ten (10) feet be added to the existing utility easement along the west property boundary line; and, WHEREAS, the Mayor and City Council deem the approval of said preliminary and final plat of subdivision to be in best interest of the City, in order to promote 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. The above recitals are incorporated and made a part of this Ordinance. Section 2. The Corporate Authorities hereby approve the preliminary and final plat of subdivision, attached and made a part of as Exhibit B, submitted by Anthony Zangler and Nicole Zangler, the owners of approximately 5.8 acres for the purpose of constructing one single family residence. 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 ROSE SPEARS BOB ALLEN Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2008. MAYOR 2 Exhibit A Legal Description of Subject Property (see attached) 3 Exhibit B Preliminary and Final Plat of Subdivision (see attached) 4 `,�fp0 C/py Reviewed By: Agenda Item Number J� 4 �� n Legal E]El EST 1836 7836 Finance 1 Engineer ■ Tracking Number City Administrator ❑ �O Consultant ❑ PC 2008-15 CE Parks and Recreation El Agenda Item Summary Memo Title: Prairie Pointe Lot 2—Preliminary and Final Plat Meeting and Date: City Council—July 8, 2008 Synopsis: Request for Preliminary and Final Subdivision Plat(First Addition) Council Action Previously Taken: Date of Action: Sept. 26, 2006 Action Taken: Subdivision plat approval Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached. To: EDC Memorandum EST From: Travis Miller/Stephanie Boettcher CC: Lisa Pickering, Deputy Clerk (for distribution) mn p Date: June 26, 2008 GE Subject: PC 2008 — 15 Prairie Pointe Lot 2, Preliminary & Final Plat Background The subdivision process has been necessitated do to the special use application for a day care proposed for only a portion of Prairie Pointe Lot 2 (daycare proposed on Lot 1 of the currently proposed 2 lot subdivision). The subdivision process is dividing Lot 2 of the original Prairie Pointe Subdivision into two lots. The Plan Commission reviewed the request and made the following action at the June 11 , 2008 meeting: Motion to recommend approval of Preliminary Plan subject to addressing staff comments 5 ayes; I no Motion to recommend approval of Final Subdivision Plat subject to addressing staff comments 5 ayes; 1 no The member voting no stated concerns about the new lot not having direct frontage to a street. Staff Comments: Pronosed Lot 2 - Front Yard: Based upon definitions of front yard, front lot line and frontage, a front yard cannot be established for the proposed Lot 1 . Relief from the definitions and from the setback requirements would need to be granted as part of this plat approval. The petitioner has proposed the southeast boundary of Lot 1 as the Front Yard for purposes of measuring the Front Yard Setback. Proposed Lot 2 - Access: In�ress/Egress serving Lot 2 is proposed to cross Prairie Pointe subdivision Lot 1 — refer to the 3` sheet of the plan submittal for location of existing parking area and access stubs planned to serve proposed Lot 2. gBIlRW s�OeRiI RBn..GOMu PRELIMINARY / FINAL PLAT OF SUBDIVISION in W GROIIP, INCe PRAIRIE POINTE FIRST ADDITION ' ° NI PIMRTIIYDM.YRRi.Lm® L�mBL�AN ...a4BOBmn .s�eGa.aBBEP.®I ' ` b bq CONCRETE BEING A REBOBDIVISION OF LOT 2 OF PRAIRIE POINTE SUBDIVISION ca,r /uc- 65af«-Lor, 2 «Ya ounce dddwg MEOW FNC.sr NOATO QO ry01b, MONUMENT A SUBDIVISION OF PART OF SECTIONS 21 AND 28, TOWNSHIP 36 ' Hat of Sawy eAP 00 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN , IN THE \� \JS O UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS � O PQ- 0Q ti0 ¢ CROSS AOCESS EAHEmENT HEREBY GRANTED: / J P' A RECIPROCAL EASEMENT A HEREBY RESERVED FOR AND GRANTED S THE / qp \\ A5 g01" OWNERS OF LOTS 1 AND 2 AND THEIR ASSIGNS, FOR INGRESI AND 2. / S AND CROSS ACCESS OVER THE PAVED AREAS OF SAID LOTS t AND 2. \ \ CROSS ACCESS 81NGRESS EGRESS EASEMENT PREVIOUSLY GRANTED: NOT THIS SUBDIVISION IS SUBJECT TO AND BENEFITS FROM A CROSS ACCESS ¢,bG,T^¢wwjb4, EASEMENT AND A RECIPROCAL INGRESS/EGRESS EASEMENT PER THE \ \ INCLUDED RECORDED PLAT OF PRAIRIE POINTE SUBDIVISION, RECORDED NOVEMBER 30, 2006 AS DOCUMENT NUMBER 2008-38788. \ (fi LOT 2 \ s� ac. +/- \ �G 33.94' \ \\ 'sS A N28°75'02°W \ \ I. ANNOTAVM ARRAEVAROVS SETBACK- AN. = BUILDING SETBACK LINE \ P.U. @ OE. = PUBUC URtltt AND DRAINAGE EASEMENT 2 THIS PROPERTY 15 NITHIN THE CORPORATE LlM/15 OF ]H£ UNIRT) Lltt OF YORKN(LE. 'm \ 3 5 18' STEEL RODS SET O ALL EXTERIOR CORNERS UNLESS ON ERNWSE N01£0. 518" Y STEEL RODS MLL BE SET AT ALL INTERIOR CORNERS WOMAN 11 MONTHS OF RECORDAMAL 4. DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS OTHERWISE NOTED. S. NO DIMENSIONS SHALL BE ASSUMED BY SCALING. 6. ALL AREAS SHOWN HER£GN ARE MORE OR LESS TO TH£ NEAREST SWARE FOOT. /rl / ]. BEARINGS ARE BASED ON THE RECORDED PLAT DE PRAIRIE PONT SUSORISIM. LOT N66°40TOBTUE, \ \ 10.0' B.S.L. / ry10 p�4't,� \ \ 8. SEE COVENANTS AND RESTRICDONS FOR EASEMENT PROVISIONS NOT SHOWN HEREON. L=13.94' > \ 0 N 40.50' / / 0z" �1 \)a\/ / / / 10.0' B.SL \ CONCRETE p MONUMENT rII�A111 pO1NTE v� �a� Q o. \ \ PR U501VIS\ON 8168 10.0' B.SL °�� e, LOT I > SU 200600p3 / I.J4 aa. +/- / / a No. per DpC �g��/ SURVEYOR'S CERRFlCATE JSO' MILE.. p !n .E 055 STATE 4W ACCESS / j p �/ G W5 )SS EASEMENT 4' V ra ry� (�•�.S COUNTY OF KPTDALL ) 39.43' MC+�uT / R--O A� Auto m m ceroy, Mat /, Craig L. Dan a r rneed Pro/Iond Land Serrcpr At the Stare Of N ina d B N39°i6,5,/'W \ ro'W TWr z9T". / 1A nom sve Ved and sMai:dm the property amcdbm as rwlows' GRAPHIC SCALE 'T Sf8.5'5,"W I.' 65' LOT 2 IN PRAIRIE NG A UMN179 SUADIVISON 01 AS ART OF NOVEMBER J0, 24 AS DOCUMENT NUMBER m am Tw rv11Y1'asb / 7 EAST MORD A 5I/BDI L ME � PART OF UNITED SOCRONS T1 ANO N RAMOMIP KEN AL NCRTN RANGE 10.0' B.SL. ] EAST CF M£ IMRO PRINCIPAL MEFIDIAN IN ME UNITED OTY OF 1CRNN[LE, KENDALL CWNIY, o / / LOT 3 TE ltudws ( wpm ) I Mw barely earthy that l haw Nwected the Federal Tood Insurance Rate Map: Community Pard t - ah = 40 LL PRAIRIE p Si ON Number 170341 Ca]5 C detm 19, 1981 me hale deamlmm that the subject prMarry I$ R=125.90' SU6DIVIS 38768 located wham 'FLWO ZONE C - Amas of mmNnd flomay.". as Mrsurl fl f by me Fsdard Eanyvenry 2006000 Management Nane IV'datamand°no eete°mb maiion merger s earl trmopleed brottherteoor not°the.snMact pproFerty — — — — — CB=S39°51'37°W ° No. :m adaany flood. LEGEND — — —' — L x I t \ CH=5123' per �° l aw newly certify that afi sabe amen ededar mwaments how been set and Muchom an An R 34 7.3;p. Fmd Plat w Mankind by Me Plot Act (Wrow Remed Statues 1989, Chapter 109, Secfrw 1), and ■ CONCRETE MONUMENT TO BE SET C/{x B 5 s X5.41' mat at afamf momrmwv AS be set wrcho 12 manor of me recomatan of tan plot. ai CBx 11 S-81'0 S35'02Y iew drmensrLeo shown me Ad Met and awimds thereof. N7 — — — — RIGHT OF WAY LINE N.E. CORNER I _ � 4 \ E•y5 U.SP.S LANDS — ) ^ J'O1 the land rnnuem wa d tan n and On e o wRnm me mass po /Nn RS th the Unreal sco of YWnlb, '— t T4 4t \ y P"Pf,,aS Ankh has at Me 111n nfy pion d Coe eaas now r or a rte power aufhwrzed by p/MO/w IT of BUILD/NC SETBACK TINE U.S.P.S. LANDS I '[ \ \ A0. w 6� Abide It of me moron Mankind code. w now w hereafter amwdm. _ — \ \ OC'1o$ tan pwfewknd sorma conforms M the Caren Ninan minrmum showasw a boundary surwry — EASEMENT LIVE Doc. No. 200400033642 RAIQIE POINTE \ clmn ardor tar Hood and sod errs _ ear of AD., z0_, NOTE: Only those Building Line Restrictions or Essences shown an P N\SION 68 a Recorded SubdiWlon Plat are chase Mason across the I SUgD 6000 \ Me atlam b be or case contains a proper description of No 200 \ PRELIMINARY/FINAL PLAT OF SUBDIVISION dee regubed buAJing T be surveyed wed cons Basis of bevel far this surrey RECORDED PLAT OF wewmswv I Doc' PRAIRIE POINTE FIRST ADDITION • No dl¢Iance should be mounted by scaling. per 05c' \ • No underground Mpromments have been located unless shown I LOT 4 Gp �P AmfesAand cousin Land SurvOw No. JM9 and noted B ME PART OF LOT 2 IN PRAIRIE POINTE SUBDIVISION, • No representation as to owne¢hp, use, or Possession should be OE.EPSG tL9 License expwhort date : N/JO/2008 UNITED CITY OF YORKVILLE, hereon naplim' ( ' S5 JPB KENDALL COUNTY, ILLINOIS Thu Surny and Plot of Suray are Aid without original mnpossed P0'0fif'r vA Rered wlo ed seal and signature affixed.. P lyAo d work far this surnY won camplated m 5115/ore . • This pmlessiond "Man conforms to the current Illinois minimum REAGOIG Deli BY: TNT: OATS: PROJECT NO. standards for a boundary survey and was perfmmed far: L LLO 1 a/79/Da 060444 LA.S 2 i D51N BY: MIT I HORI2 SCAIE SHEET NO. AT fMw'CE repwde¢cripd'su and site marlu'ngs with WB plat and .i I'=40' any epancin which you may find. CHK BY TNT: VQiT SCALE: S MRF 'aria/N.BI Ms.BL WIIBI PRELIMINARY / FINAL PLAT OF SUBDIVISION SEC GROUP, INC. a . P �.rr. c� BBBw .sECVB ►n PRAIRIE POINTE FIRST ADDITION WRMM.DMY� Ll1® COUP. FN£ 0504TH-LOT2 rmu0 051908 Onong BEING A RESUBDIVISION OF LOT 2 OF PRAIRIE POINTE SUBDIVISION, Em Mr. BEING A SUBDIVISION OF PART OF SECTIONS 21 AND 28, TOWNSHIP 36 op �TfrcATF NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE STAN OF I UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS ) as EASEMENT PRONYONS COUNTY CF I A MN-£XCLUSIW EASEMENT FOR SWNNC THE SURAWSILW M1515 TO CERTIFY THAT IS ME FEE SIMPLE EWER OF ME PRMEFTY AND OTHER PROPERTY NTH ELECTRIC AND CIMI AMACAPQV BERMS IS HEREBY RESERVED FAR AND WANTS TO DESCRIBED M PIE FOREGOING SURVEYQP'S CERPFlCAT£ AND HAS CAUSED WE SAME TO BE SURVEMA, SUSOIADM. AND PLATTED AS GRAIN MUNDY FOR THE USES ANO PURPOSES HEREIN SET FORM AS CONdAAONMM OPSON COMPANY, AMERITECH ALMIS a.k.a. ILU IS BELL TELEPHONE COMPANY, ALLOMED AM PROMEO FM BY STAMM AM DOE$ He f en' ACAMIREDC£ AND ADOPT ME SAME GRAN]£E$ UNDER ME STYLE AM MIS THEREON INDICATED. NOUN '£SPECIE LICENSEES, SUCCESSORS AND ASLCN$ .XMNRY AND WE ALLY TO ME UNOWPCNFD HEREBY OFOICAIES FOP PUBLIC USE ME LINOS SNOB$ ON MIS PUT FOR CONGST MT, OPERATE, REPAIR MAINTAIN, MODIFY, RECONSTRUCT, RUUCE. SUPPLEMENT, MOROUCHFARM STREETS ALLE15 AND PUBLIC SERMONS AND HEREBY A SO RESERVES FOR ANY RELOCATE AND REMOVE, FIRM TIME IN DM£, RULES. GUM ANCHORS. NIA£$ CABLES CGMUIT£ ELECTRIC GAS, TELEPHONE, CABLE N LR OMER RUCCWMUNAMMI $ COMPANY UNDER MANGMSE 5'TAIf OF I[LINOI$ MANHIXE$ TRANSFORMER$ PEDESTALS, EQUIPMENT CARINEIS OR OVER FAULMES USD IN AGREEMENT WM ME UN/RDONOF YOPKWU& MEIR SUCCESSORS AM ASSGVS ME EASEMENT ) CONWICIGN KIM MAIRANWWNO MANSMISSON AND DISTRIBUTION OF SECIRIGN, PRONSKIIN WiICH AF£ STAND HEREON )ss COMMUNIAPOWS SOUNDS AM SIGNALS IN, OYFR, UNDER, ACROSS ALOVC AND UPC! ME COUNTY (Al' KENDALL) SURFACE OF ME PROPERTY SWMl WORN ME BASHED OR DOTRD LNES (w- simdw ✓es/g ahon) ME UNGERSGNED FURTHER CERTIFY MAT ALL OF ME LINO NODDED N MIS PLAT LAU WMM ME OR ME PUT AND MARKED EASEMENT: TIMIN EAWWNF' PUBLIC UTILITY UYMENP P.W.E.- BOUNDARIES OF YOPKMT£ COMMUNITY UNIT SCHOIX DISTRICT ITS. APPROVEO AND ACLYPRD BY ME PUN COMMISSOV W ME (ar sNnPx designation), ME PROPERTY DESIGNATED IN ME O£OARAROR OF CO40O INIUM UNITE) ON OF YORKMLLE. 1UP101$ MIS —DAY OF ANO/OP W MIS PLAT AS SONMON ELEMENTS' AND ME PROPER" OESCNAM) ON ME PUT DATED AT MIS DAY OF 20_ AS SOMME/ AREA OR AREAS; AND ME PROPERTY DEVO AIEO ON ME PLAT FOt STREETS AND OMER: ALLEYS, WIERAM PUBLIC OR PRIVATE, TOGETHER WM WE MONT M INSTALL REQUIRED SEAMS COMECMNS UNDER ME SURFACE OF EACH LOT AND COMMON AREA OP AREAS N SERW CHAIRMAN AP.ROWWAIS MEREW. OR ON ADJACENT LOTS AND COMMON AREA OR AREAS ME RICHT TD CUT, TRW OR REMOVE TREES BUSHES ROOM SAPUNGS AND TO "M OBSTRUCTIONS FROM BY ME SURFACE AND SUBSURFACE AS MAY BE REASONABLY REQUIRE) WODENT N ME GRAIN GERM WREN. AND ME RIGHT TO ENTER UPON ME SUBMNOE) PROPERTY FOR ALL SOON PURPOSES PRryATE OBSTRUCTIONS SHALL NOT BE PLACED OVER ORMOUS' FACILITIES OR IN, IM UPON OR OVER ME PROPERTY WORM ME DASHED OR DOTTED LNE5 (w aNWw desgnoftm) ON ME PUT MO MARKED EASEMENT; LDUTY EASEMENT' PUBLIC UTILITY EASEMENT; TUE.• (or LYTY dmPw desgooli"A WMWT RN PRIOR KRITZER CONSENT OF ME GOATEES AFTER INSTAUAPON OF ANY SUCH FACNDE$ ME UNABLE CF ME SUBLIMES PROPERTY STALL NOT SE STA)£ CF IILNOIS) EERODF M A MANNER SO AS M #INGRESS WM ME PROPER OPERATOR M0 MARMNACE NOTARY C�TFV�4T£ As ME TERM SONMOR ELEMENTS• SHALL HAVE ME MEANING SET FORM FOR SUCH TERM N COUNTY OF KENDALL) ME LONDOMINIUM PROPERTY ACT' CHAPTER 765 XCS 6O5/y AS AMENDED FROA RUE M RUE. ME TERM IMMMOW AREA OR AREAS' IS DEFINED AS A LOT, PARCEL OR AREA CF ME REAL STALE OF ) APPROVED AND ACCEPTED BY ME ON ADMNISIRAMR OF ME PROPERTY, ME SENEFlOK USE AND EMIYMEM OF WCH IS RESERVED N IMM E OR AS AN ss UNIGM ON OF WAKNUE, MNOI$ MIS _DAY OF 20_, APPORTIONMENT TO ME EEPARAIELY OWED LOTS PARCELS M AREAS WMIN ME PUNNED COUNTYW ) OEVELLPMEM, EVEN MEIN SUCH MAY SE ORERWSE DESIGNATED OR ME PUT BY RRNS SUCH AS WROTS TM/MW ELEMENTS; GLEN SPACE; WEN AREA; COeMOI CROWN); TARRING' AO COMMON' AREA' ME IERW TWUM AREA OR AREAS' AD TOMMON L A NOTARY PUBLIC N AND FM BIT COUNTY ELLWNTi' INCLUDE REAL PROPERTY SURFACED WM NIERIOM ORIWMATS AND WALKWAY$ BUT ON ADMINISTRATOR EXCLUDES REAL PROPERTY PHYSICALLY OCCUNED BY A WILLING, SEANCE BUSNESS DISTRICT OR ANO STAGE AFORESAN, 00 HEREBY CERTIFY MAT STRUCTURES SUCH AS A POD, REONDOR POW OR MECHANICAL EW#WNT. RELOCATION OF PAMIRS WL BE DONE BY GRAMMES AT COST OF ME GRANTMAOT AND PERSONALLY KNOWN 10 ME TO BE PIE OWNER, UPON WITIEN REQUEST. AM OF AS SWUWN ABOVE, APPEARED BEFORE ME NIS DAY AND ACKNOWEOP£D MA AS SUCH OANUUM MEY SIGNED AND DEZJWME) ME SAID INSTRUMENT AD CASED ME CORPORATE SEAL TO SE AMMO MOTTO AS MEIN FREE Afro NHUNTARY UNITED CITY OF GWOWUE ACT AO AS ME ERE£ AND WtUNTIRY ACT OF SAID COPPOKAMA,, FOP ME USES AND PURPOSES MERE$ EASEMENT PROMSONS SET FORM PUBLIC UTILITY AO 0.PNNACE EASEMENT OVEN UNDER MY NANO AND NOTARIAL SEAL MIS _ DAY O" 20_ CITY LYY ACL QYTFOATE A NON-EXCLUSIK EASEMENT IS HERESY RESERVED FOR AGO GRANTED M SBC AWRIT£CH MCM. SFAX OF ILLINOIS) TOM ED, COMCAST, OMER PUBLIC GOUGES, AND MU ERS OF EXISTING FRANCHISES GRATED BY )ss ME ON OF YOPKNLLE, MWO$ AND MEN RESPECPW SUCCESSORS AND ASEMS WAIN ME COUNTY OF KENDALL) AREAS S M ON M£ PLAT AS PUBLIC UTUN & DRAINAGE EASEMENT' (ODbmackof P.U. d D.E.) TO CONSIRUCT, INSTALL RECONSTRUCT REPAIR, REMOK REPLACE INSPECT MAINTAIN AD NOTARY PUBLIC APPROVED AND ACCEPTED BY ME MAYOR AD ON CWNOL OF M£ OPERATE UN)ERMARM TRASPSSON AND MSMISURON SYSTEMS AM ONES UNDER THE UNITED ON OF YOPKNLL£, IWNM$ MIS —DAY OF 20 SURFACE OF ME PUBLIC UTILITY d MARINADE EASEMENT; NIXUOMG WMOUT UMITAMON TO TELEPHONE CABLE. GAS MNNS EY£CMIC LINE$ CABLE TRIYEEON ONES AM ALL NECESSARY FACUIRS APPURTENANT MEREM, MONTRER WM ME ARDIT W ACCESS THERETO FUR ME PERSONNEL AND EQUIPMENT NECESSARY AND RCIWIREO FOR SUCH USES AD PURPOSES ANO MOEMER WIN ME WENT TD INSTALL REQUIRED SERNCE CONNECTORS UNDER M£ SURFACE OF Pa'•C .d MAWS EACH LOT TD GONE IMPROA£ME TS MEREOW. A NON-E ftX(nW EASEMENTS ALSO NERLBY RESENV£D FOR AND GRANTED TO ME GROSS ON STALE OF $LINOS) GF MRKNLLE WINGS TO CONSIRUCT INSTALL, RECONSTRUCT REPAIR, REMOVE: REPLACE AO )sa INSPECT FAcarms FOP ME TRANSMISSION AND DISMASUPOY OF WAIER, STORM SENERS COUNTY OF NEMALL) SANITARY SEKERS AND MURM CITY, WMIN ME AREAS GROW ON ME PUT AS PUBLIC UTUTY & DRAINAGE EASENENF' TOGETHER WM A RIGHT OF ACCESS TNEREW FOR ME PERSONNEL AND L COUNTY CORK OF KENDALL COUNTY, UINpS GO HEREBY EQUIPMENT NECESSARY AO REWIND FOR SUCH USES AND PURPOSES CERTIFY MAT MERE ARE NO MO RMAT GENERAL TAXES NO UNPAID CURRENT TAXES NO UNPAID FORFEITED TAXES AND NO REDETMMLE TAX SALES AGAINST ANY O` ME LAND NGWED ME ABOVE NAMED EMPTIES ARE HEREBY GRATED ME RIGHT 10 ENTER UPON EASEMENTS IN ME PUF HEREIN DRAW I FURMEH RRTBY MAT I HAVE R£OTKD ALL STANTOPY FEES IN Cfry �'S �I£ HEREIN DESCRIBED FOR ME USES MERLIN SE' FORM AND THE RIGHT TO CUT TRW, OR REMOVE COVINGTON WM ME PLAT HEREN DRAWN. ANY MOT$ SHRUBS M OMER PLANTS WHIN ME AREAS DERMATEO AS PUBLIC UPUN AND DRAINAGE EASMENr• WOCH INERFERE WN ME CONSTRUCTION. /NSTALLAPOL. RECONSTRUCTION LIEN UNDER MY HANG AND SAL OF ME COUNTY GERK AT YLRKNUE', STATE OF UMRGS) REPAIR, REMOVAL. REPLACEMENT, MAINTENANCE AND GPMATON O MDR UNDERGROUND SS TRANSMISSION AND DISTRIBUTION SYSTNS AND FAMINE APPURTENANT MEREIO NO I(UNOS MIS DAY LF 20_ COUNTY M AMMALL) PERMANENT SURIPNGS STRUCTURES. OR CBSNUCMW SHALL BE CONSTRUCTED W. UPON. OR OKR MY AREAS DESGNAMD AS PUBLIC UNITY d DRAINAGE EASEMENri RUT SUCH AREAS MAY BE USED FOR GARDENS STUBS MESS, LANDSCAPING DRhEWAM AND OMER PEALED L JOE WYHROT, CITY DIMEER TOP ME UNITED ON OF YOR(NUE; 00 HENRY ONAFY NAT ME PURPOSES MAT )0 NOT UNREASONABLY NIENERE WM ME USED HEREIN DESCRIBED. REQUIRED IMPROVEWRIS HAAS MEN $STALLED OR ME REWIRED WARANTE COLLATERAL HAS BEEN POSH) FOR ME COMPLETED/ OF ALL REWIND IAIPAIDWINNIS WE OCCUPATION AND USE CF ME NON-EXOUSVE £ASEWNr HEREIN GRATED AND RESEMEO COUNTY GERK FOR ME ABOVE NAMPO MARES BY EAdI CF SUCH ENTITIES SHALL BE DONE IN SUCH A MANNER DA NO AT YORKNLLE, MERGE MIS DAY OF � M0 SO AS NOT TO INTERFERE WM SIP PRECLUDE ME WCUPAPON AND USE A£R£O" BY OTHER EUJMMS FOR NMCH SUCH EASEMENTS ARE GRANTED AM RESERVER ME CROSSING AD RECROSSING OF SAID EASORMIS BY ME ABOVE NAME) ENTITIES SHALL SE DONE IN OUCH A MANNER SO AS NOT TO NRF£EFE WM, DMAGE, OR DISTURB MY MANSMISSOW AO OSIROAUMN SYSTEMS AND FAGUTES APPURTENANT THERETO EXISTING WMIN ME EASEMENTS BCING CROSSED Of REOROSSD. NO USE OP OCCUPATION OF SARI EASEMENTS BY ME ASUV£ ON ENGNETR NAMED ENTITIES SHALL CAUSE ANY CHANGE IN GRADE OR WPAI OR PACE M£ SURFACE IF O LINOS) BENGALIS PATTERNS SETA )as FDLLOWNG MY 'AORA' M SE PERFORMED BY ME UNITED CITY CR YOREALE IN ME OUNCES OF DOMAIN O' KENDALL) In EASEMENT RIGHTS HEREN GPAMFD, SAID ON STALL HAVE NO CRAIGAVON WM RESPECT TO SURFACE RESTCRAPOy INCLUDING BUT NOT LeuMB ICE ME PESTORAINN. REPAIR OR MIS INSTRUMENT NO. WAS FILE) FOR RECORD REPLACEMENT OF PAVEMENT. CURB. WTERS TREES U W/ ON SHRUBBERY. PROWOW, HON R. IN THE RECLWOMS OFFICE OF KENDALL COUNTY, WNp$ ON MIS MAT SAID CITY SHALL BE CRUGARD, FOLOWNG SNYI MUNDMANCE NVRK, TO BACKFILL AND DAY OF 20_, AT OBLOCK _.M TYFY C -.q !ffiTFK.`eT£ WIND ALL TRENCH CREATED W AS TO RETAIN SUITABLE DRAINAGE M COLD PAMH MY ASPIHALT OR CONCRETE SURFACE W REMOVE ALL EXCESS DEBRIS AND SPO , AND N LEAK ME STALE OF ILLINOIS) MAINT£NMCF AREA N A GENERALLY OEM AND MRKMANUIN COWNAM.. KENDALL COUNTY RECOPOEF COUNTY OF KENDALL) APPROED AND ACCEPTED BY ME MAYOR AND ON COGWL OF ME OMEB ON CF YOEdN . IWNOIS BY ORMNANCE me AT A MEETING HEIR MIS _JAY OF 20, PRELIMINARV/FINAL PLAT OF SUBDIVISION ON CLERK PRAIRIE POINTE FIRST ADDITION NOTICE: PART OF LOT 2 IN PRAIRIE POINTE SUBDIVISION, and respects County has a /that rich FIg coat In dgtooplay UNITED CITY OF YORKVILLE, and respects fhe role that IRWAY o continues f0 play N vArly t the economic is Industry of the country, lcated KENDALL COUNTY ILLINOIS shading Property that supports for Industry is se, Anyone e a zoning a s A-T or Aq Special Use. s zamin should be constructing o residence or NAgric near this tires gENSOAS DM BY: TNT: DOE PROJECT NO.0/19/Ild 060444 may r 0e aware that normal is dust. sights.practices DUN EY: TNT: HORIZ SCALE: SHEET N0. may result in ocrosbnal smells, dust re not n i =SC one unique noun OF donations Mat d not (.y td T, other zan4lw areas CHIN BY: TNT: 4IIiT SCALE: 2 OF 2 TURF CHILDREN OF AMERICA DAYCARE CENTER N UNITED CITY OF YORK VILLE m 0 VV A 20 0 20 CO 60 w a VAV A A V A A A ` w T, vv �� \ A Scale: 1 " = 20' /TILL v Proposed Lot 2A \ ICI V A\ �\ Ertel m:Me between ZA arid 26 \`\ � �ILL A A. D�mvsMr ,`qG ry Li ` LEGAL DESCRIPTION ea v v MaININn fonw LOT 2 0 / \ \ muM pmpasa0 Pr�p d Lo`t�2B THAT PAPS OF LOT 2IN PRAIRIE POINTE SUBDIVISION LYING SOUTHEASTERLY OF LINE DESCRIBED qS FOLLOWS: BEGINNING iV W aumpstep9E. AT A POINT ON THE NORTHEASTERLY LINE OF END LOT 2,SAID POINT BEING LIFTS FEET NORTHWEETERYL OF THE MOST ¢wm V \ \\ \ �. \ EASTERLY CORNER OFSAID LOT 2: THENCE SOUTH 50 DEGREES 56 MINUTES BB SECONDS WEST, 211.52 FEET TO A POINT ON j>oo° 41 Install Lot fence THE SOUTHWESTERLY LINE OF END LOT 2,BEING A PART OF SECTION 21 AND SECTION 28, BOTH IN TOWNSHIP 37 NORTH, ow amuntl proposed RANGE] EAST OF THE THIRD PRINCIPAL MERIDIAN.IN THE UNITED CITY OF YORKVILLE, BRISTOL TOWNSHIP,ACCORDING TO Uym.°.2 THE PLAT THEREOF RECORDED NOVEMBER 30.ZEN AS DOCUMENT 2008030]BB IN KENDALL COUNTY ILLINOIS. A iT V `V P �P play area ^/ � O \/ B ALSO KNOWN AS: PROPOSED LOT CRIMSON LANE,YORKVLLI0 K,zm \ � WILD z u v a° Sp r� s wam� a 7 Dot .v. zo °z v v / GQ„a V vR I US Y. P IF s °5 u o 0 / y PROPOSED z u C PLAY AREA O z .Fi ILI fL, ` / :� C',� V v ev \ � .IIIII Do / .ns v r r V _ Dix V PROPOSED ONESTORY CHILDREN OF AMERICA D] z ae \ % DAYCARE CENTER BUILDING \ \ Z US Q ° coca 0� FINISHED FLOOR NI� �"� 'z, a N - / � TILL,\1� ELEVATION-00000 ILI v ` �.8l, o F4 w 3 0 D ID ILI `✓ ` m b d? . HMGae Falling 519n O B \` 9' f uOM MANb cMF® Sea Oelell on This Sbeai) LEGEND: pD {V V 7� v / 1 aRLSKSONTF / \ / \ \ \ \ D"' AeA Xauap Ramp lsee Dehll on sneel8) ^ \ SK SON MW)/ LP j a PROPOSED BRUMINOVS PAVEMENT bFx' xuw� uu_ o 5 / \ \ �4 / R1 ti Hentl ceP Peik4958n I �3 / V IT / Rs. 2 (66a DeIeIIMTNS Sneep A\ \ Po _el j j h d� KB PROPOSED DOUG RETE SIDEWALK .S LICT% GAO DES TNrr m v �j' 4 � IT �v � �/ / E� e>"° Y e`H of>` / NOTES' RESERVED // L g b / 1. ALL PAVEMENT DIMENSIONS SHOWN ARE MEASURED ILL V /' J 60� / / J�� FROM EDGE OF PAVEMENT TO EDGE OF PAVEMENT W PARKING j UNLESS OTHERWISE INDICATED. ' wd`O ryP� a 8 $ / 2. ALL PAVEMENT RADII SHOWN ARE MEASURED FROM wa ba W % Q / IFiCy�i 3u / THEEDGD, PAVEMENT UNLESS INDICATED r�J/ 3. ALL PROPOSED CURB IS FLINCH ttPE'B'BARRIER CURB. �� MT Lob fl1050 ti SITE TOTAL N a \ I 9 Qp TOAR AREA OF LOT SED LET ON: 134 4ACR125Q FTJ e $ AREA OF PROPOSED LOi2B: 136 ACRES dot l 1 �CUL OWlet / LOT 3 BUILDING FOOTPRINT AREA. 10,000 SD. FT $250 FINE Few U E�1 (Sae BLIND) cP wee Dow) T' / STANDARD PARKING STALLS PROVIDED. 37 > I'V % L1W OuIIe1 $4py Rt 50 / HANDICAP PARKING STALLS PROVIDED: 2 HANDICAP Q Io(See Daiall ) �l50 TOTAL PARKING STALLS PROVIDED: 39 _r.--ro srreaLe) �e PARKING SIGN DETAIL II ILI b I �Du AubPe OUb]yCORipag \ W Y Eaa aOLONNp slats LID wuuolPw.TraL.vnaeaT _ �.• .• N + z euxsnTerva Ars, �\ \ D yH^�`y Y - Aa �]s e3Teaa� ��+fib _ 3q6 5 p Meas 82000 LI, § � N w,np cNTTn h A m q� 6YMaOl � y .F,LD ILI IT, a.„ ! ; rr ! CLY HANDICAP SYMBOL { HANDICAP SPACE LAYOUT LI ILI HANDICAP PARKING SYMBOL MARKING DETAILS PROJECT NO- 125]SO SHEETX �rGo eery United City of Yorkville J2� °" 800 Game Farm Road Es . � i ow Yorkville, Illinois 60560 (- u Telephone: 630-553-4350 Fax: 630-553-7575 PC # APPLICATION & PETITION Please Check One: Preliminary Plan >< Final Plat Development Name: i I:AI911(- Date of Submission: $ J2of eg 1 . NameofPetitioner(s): Tse eD4P&) t Than Zawotc i Z ji tJSg&r40.P Address: cc T1 jOiAae ez ,;:� Po, + �� i �4rlc, :IIJI ie. fworcao Phone Number: 6 )a rs3 7sL4 c Fax Number: foPo rss 7 to 4q Email Address: ! /00 A& oJ A 594&�o-Pr�� 2. a). Street address and physical location of subject property: Pia aLh, OGIN4 &-ej vim` b). Legal description of property; attach as Exhibit W. c). Total Acreage: Z . S8 3 . Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed:, 'XmS *N �o�e J TN�o2rot�.'l'eo... G� �-•tom Q bdQ Attorney: Name: %, Zn. ee Address: go aewt� sr.�4 de _ ystat LAIL& &001 4 Phone Number: $e5'. q59. SSoo Fax Number. /s. sls9 Sm7,1 Email Address: %BANCIL P ZC 1AeJ Cab" Pabe I of s United City of Yorkville Pmlinanary/Final Plat Application Revised: 1/37/06 Continued - 3. Contact Information Engineer: Name: ayfmk& L Address: /o. d ��' . 4 l ,. L+,J/fir Phone Number: &® o. ss3. �7Steo Fax Numbcr: f 3. '7to +ffo Email Address: AQV& &i-Jf 0 S�CGro.P�Ac Lama Land Planner: Name: A/4; I � A � c (eossso Address: Cos! �� t �+ i � ..� V+�• `Zd�� , Phone Number: X010. ss3. '7 its o Fax Number: &.4o. sy,4. 7& `✓e° Email Address: 4�1 Seev 'p-Pay +- . o-o• 4. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to Page 3 of this application "Petitioner Route, Step I , Fees" and/or contact the Deputy Clerk for verification of this amount). c . To begin the review process, the initial submittal must consist of: I . 12 sets of Preliminary Plans /Final plats folded to fit in a 10" x 13" envelope 2. 7 sets of Landscape Plans folded to fit in a 10" x 13" envelope 3. 7 sets of Preliminary /Final Engineering folded to fit in a 10" x 13" enveloped. d . One CD containing one electronic copy (pdf) of each of the signed application (complete with exhibits), preliminary plan or final plat, landscape plans, engineering plans. Within one week of receipt of submittal, the Engineering Department will determine if it is complete or if additional information is needed. Once the submittal is complete, the Plan Council Meeting date will be scheduled for the next meeting that is 6 weeks from this date One week prior to your scheduled Plan Council meeting, you will be required to submit 15 frill size preliminary/final site plans for the packets distributed to the members. Patin , nr 8 Untied City of Yorkville Preliminary/rinal Mai Application Itceisnd: I!?DOri In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct . Date: .517' .0 / 03 Petitioner(s) Signature: (All legal property owners signatures or their authorized agents (i a Planner, Petitioner's Attorney, Engineer) must appear on this application ) Subscribed and sworn to before me this cR o77V day of M A 5 200 S N al OFFICIAL JUDITH MK, itFR RY PUBLIC - S- 9VIN"M p ICATION MUST BE NOTARIZED. COMMISSION c a. - :S 07131/52 Page 3 of S United City of-Yurkvillc Preliminary/Final Plat Application Revised: 1/37106 STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING A PRELIMINARY AND FINAL PLAT OF SUBDIVISION FOR PRAIRE POINTE LOT 2 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, Jason Poppen, the owner of approximately 2.88 acres located at Prairie Pointe Drive, located west of US 34 and north of Countryside Parkway within the Prairie Pointe Subdivision (the "Subject Property"), legally described in Exhibit A, attached and made a part of, has submitted an application and petition for a preliminary and final plat of subdivision for the development of Prairie Pointe Lot 2; and, WHEREAS, the Subject Property is located within the corporate limits of the City and is zoned as a B-3 business service district; and, WHEREAS, the owner of the Subject Property is requesting to subdivide the property into 2 lots; and, WHEREAS, in order to allow for separate ownership of the lots within the Subject Property and the development thereof, the Mayor and City Council deem the approval of said preliminary and final plat of subdivision to be in best interest of 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. The above recitals are incorporated and made a part of this Ordinance. Section 2. The Corporate Authorities hereby approve the preliminary and final plat of subdivision submitted by Jason Poppen for the approximately 2.88 acres located at Prairie Pointe Drive, located west of US 34 and north of Countryside Parkway within the Prairie Pointe Subdivision. 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 ROSE SPEARS BOB ALLEN Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2008. MAYOR 2 Exhibit A Legal Description of Subject Property LOT 2 IN PRAIRIE POINTE SUBDIVISION AS RECORDED NOVEMBER 30, 2006 AS DOCUMENT NUMBER 200600038768, BEING A SUBDIVISION OF PART OF SECTIONS 21 AND 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. 3 `<rpp Cl pf Reviewed By: Agenda Item Number J� c T Legal ❑ EST. 1836 Finance F-1 1 - Engineer ■ Tracking Number City Administrator ❑ Consultant ❑ PC 2008-17 `E Parks and Recreation F-1 Agenda Item Summary Memo Title: United City of Yorkville Subdivision (185 Wolf St.)—Preliminary& Final Plat Meeting and Date• City Council—July 8, 2008 Synopsis: Request for Preliminary and Final Subdivision Plat Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached. C/Jy Memorandum To: EDC EST. , .:. 1836 From: Travis Miller/Stephanie Boettcher Cc: Lisa Pickering, Deputy Clerk U � g Date: June 5, 2008 Subject: PC 2008-17 Betzweiser Property - Plat of Subdivision CE Background The Plan Commission reviewed this request June 11 , 2008 and made the following actions: - Motion to recommend approval of Preliminary Plan subject to addressing staff comments 6 ayes; 0 no - Motion to recommend approval of Final Subdivision Plat subject to addressing staff comments 6 ayes; 0 no Subdivision Request The City has negotiated the purchase of 3.54 acres in the Fox Industrial Park south and west of the Badger Street and Wolf Street intersection. There are two existing buildings on the property, one the City plans to acquire, and one which has been condominiumized and will not be acquired which is within `Parcel One' described on the subdivision plat; The City Ordinance (as well as State statute) requires a subdivision to be created if the purchase or transfer of the property involves new streets or new easements of access. A new easement of access is required in this case to serve `Parcel One'; therefore, a subdivision had to be created. Subdivisions are required to be composed of lots (or in this case a single lot). This subdivision has only one lot (Lot 1) that includes the entire property shown less `Parcel One' (the condominiums). The Subdivision Plat document was prepared under the guidance of staff; The access easement is on the existing paved areas within the shaded portions of the plat. Any future paving in the southern portion of the lot will not be part of the access easement, but will be for City use only. Comprehensive Plan Recommendation for the Property The 2005 Comprehensive Plan proposes Industrial land use for the subject property. The Comprehensive Plan for Industrial Land Use states: "[Intent] to allow limited general manufacturing, assembly, wholesale and warehouse uses in distinct areas that can be served well by transportation and other infrastructure. 11 '� --`-- - wiy Eliza beth S*t:. l2 Mini 10 _ - i Nl /-t i + t l 1 o�ontal\ Y how � �� i � � �}lei �� ,O� � •�' i � =Beaver St y ' ' C � En m _ o Garden St -.. 7 — t d t N y Property d - Is,I rrrr b r.. 47 it re n Briar Rd - _ 9 P iAMMFk-, United City of Yorkville GlS The Data is provided without warranty or any representation of ac a curacy,timeliness,or completeness.it is the responsibility ofthe Parcel Data and Aerial Photography "Requester"to determine accuracy,timeliness,completeness,and Provided By Kendall County Gl$ appropriateness ofits use.The United City of Yorkville makes no s warranties,expressed or implied,to the use of the Data. He <.- WO- a wz6 LL `<� :0 oo11 MOWO, Z,-Ou°OZW. Fwz z ro mWSO iz. 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COUNTY OF KENDALL ) Ordinance No. AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING A PRELIMINARY AND FINAL PLAT OF SUBDIVISION FOR UNITED CITY OF YORKVILLE SUBDIVISION 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, requested the subdivision of 4. 151 acres located at 185 Wolf Street within the Fox Industrial Park (the "Subject Property"), legally described in Exhibit A. attached and made a part of, has submitted an application and petition for a preliminary and final plat of subdivision for the said property; and, WHEREAS, the Subject Property is located within the corporate limits of the City and is zoned as a M- 1 limited manufacturing district; and, WHEREAS, the City is requesting to subdivide the Subject Property into 2 lots; and, WHEREAS, in order to allow for separate ownership of the lots within the Subject Property and the development thereof, the Mayor and City Council deem the approval of said preliminary and final plat of subdivision to be in best interest of 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. The above recitals are incorporated and made a part of this Ordinance. Section 2. The Corporate Authorities hereby approve the preliminary and final plat of subdivision submitted by the City for the approximately 4. 151 acres located at 185 Wolf Street, within the Fox Industrial Park. 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 ROSE SPEARS BOB ALLEN Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2008. MAYOR 2 Exhibit A Legal Description of Subject Property THAT PART OF THE NORTHWEST QUARTER OF SECTION 4 AND THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 1 , BLOCK 2, FOX INDUSTRIAL PARK, UNIT 4, KENDALL COUNTY, IL; THENCE NORTH 01 DEGREES 44 MINUTES 07 SECONDS WEST ALONG THE WEST LINE OF SAID LOT, 390.00 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 81 DEGREES 52 MINUTES 08 SECONDS WEST ALONG THE SOUTH LINE OF WOLF STREET AND THE SOUTH LINE OF LOT 5, BLOCK 2, FOX INDUSTRIAL PARK, KENDALL COUNTY, ILLINOIS, UNIT 5, A DISTANCE OF 470.59 FEET TO THE SOUTHWEST CORNER OF SAID LOT 5; THENCE SOUTH 01 DEGREES 44 MINUTES 07 SECONDS EAST ALONG THE WEST LINE OF SAID LOT 5 EXTENDED SOUTHERLY, 390.00 FEET TO THE SOUTH LINE OF SAID LOT ONE EXTENDED WESTERLY; THENCE SOUTH 81 DEGREES 52 MINUTES 08 SECONDS EAST ALONG SAID EXTENDED SOUTH LINE 470.59 FEET TO THE POINT OF BEGINNING, EXCEPTING THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1 ; THENCE NORTH 01 DEGREES 44 MINUTES 07 SECONDS WEST ALONG THE WEST LINE OF SAID LOT, 390.00 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 81 DEGREES 52 MINUTES 08 SECONDS WEST ALONG THE SOUTH LINE OF SAID WOLF STREET AND THE SOUTH LINE OF SAID LOT 5, 240.22 FEET; THENCE SOUTH 01 DEGREES 44 MINUTES 07 SECONDS EAST, 27.59 FEET; THENCE SOUTH 01 DEGREES 44 MINUTES 07 SECONDS EAST, 155.04 FEET; THENCE SOUTH 88 DEGREES 15 MINUTES 53 SECONDS WEST, 171 .79 FEET; THENCE NORTH 01 DEGREES 44 MINUTES 07 SECONDS WEST, 155.04 FEET; THENCE NORTH 88 DEGREES 15 MINUTES 53 SECONDS EAST, 171 .79 FEET TO THE POINT OF BEGINNING, ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. 3 `,repo CIP Reviewed By: Agenda Item Number O J -n Legal ❑ EST. Finance r-1 1 \`__ Engineer Tracking Number 4 Lei �i City Administrator F-1 Consultant ❑ Parks and Recreation F-1 EDC 2008-27 �CE° Agenda Item Summary Memo Title: Rush Copley Stormwater Easement Agreement Amendment Meeting and Date: City Council—July 8, 2008 Synopsis: Request to amend stormwater easement to allow additional phases to develop using infiltration basin for stormwater management. Council Action Previously Taken: Date of Action: May 22, 2007 Action Taken: Subdivision Plat Approval Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached. C,Ty Memorandum J2 � T To: EDC From: Travis Miller EST. R 1836 Cc: Lisa Pickering, Deputy Clerk Date: June 27, 2008 Subject: EDC 2008-_d Rush-Copley Stormwater Easement Agreement `2D Amendment <GE Background The Final PUD Plan and Plat was approved for the Rush-Copley Medical Center May 22, 2007. In 2007, staff requested Rush-Copley to dedicate a temporary easement to include the area to be used for stormwater management for Phase 1 to ensure the City can access and intervene in the event this stormwater management area fails. Purpose of temporary stormwater management area/and amendment requested: Rush-Copley is developing their final plan in phases. When this project is fully built-out, an outfall will be required to convey stormwater away from this site. This outfall is not necessary for Phase 1 . The stormwater for Phase 1 can be managed without an outfall due to the percolation rate/ability of the area delineated on Exhibit B of the proposed Easement Agreement. The proposed amendment allows Rush-Copley the flexibility to add additional units/development phases (beyond Phase 1) to be managed by the infiltration basin as long as it is demonstrated that there is enough volume capacity in the infiltration basin to accommodate the additional phase(s). Other stormwater concerns and staff recommendation: Within the past week, staff has become aware of a discrepancy in the stormwater management report/design of the site and the constructed stormwater system on the property. This discrepancy is regarding a difference in elevation on the bottom of two basins. Staff recommends approving this easement agreement amendment subject to the resolution of the stormwater management plan elevation concerns as explained in the attached memo from Bill Dunn, EEI. Note:as of the preparation of this report, staff is working with Rush-Copley and their engineering team to resolve these items and will report to the EDC the current status (or the resolution) on July 3`d. TEMPORARY STORMWATER MANAGEMENT EASEMENT AGREEMENT This Agreement is made this _day of , 2004 by and between . . . . . . - _ - Deleted: 7 Copley Ventures Inc, an Illinois corporation, (hereinafter referred to as "Grantor"), and The United City of Yorkville., an Illinois municipal corporation (hereinafter referred to as "Grantee'). The Grantor and Grantee are sometimes individually referred to as "Party" and collectively referred to as "Parties" herein. WITNESSETH WHEREAS, Grantor is the owner in fee simple of a certain parcel of real estate, which is legally described on "Exhibit A" attached hereto and made a part hereof which is located south of Veteran's Parkway and west of the proposed Beecher Road in Yorkville Illinois, hereinafter referred to as "Subject Property"; and WHEREAS, Grantor intends to develop the Subject Property as a medical healthcare campus in several phases of construction beginning with a medical office building to be constructed as the first phase of development which shall be located just south of Veteran's Parkway; and WHEREAS, Grantor intends to provide all required storm water management for the first phase of construction within an on-site storm water basin as depicted in Exhibit "B" attached hereto and incorporated herein; and WHEREAS, said storm water detention basin will not be equipped with a storm water outfall pipe during the first phase of construction on the Subject Property; and WHEREAS, Prior to Grantor commencine additional phases of build-out on the Subject , - Deleted: when Grantor Prooertv which create additional impervious areas, and cause the Easement Area defined in Deleted: undertakes the second phase Exhibit "B" to become insufficient due to lack of adequate depressional storage Grantor shall orconshueGOa on the Subject Property ensure that the on-site detention basin and/or basins located on the Subject Property are equipped which is intended to include a hospital facility 13106881 43376/4 with a storm sewer outfall pipe; and WHEREAS Prior to undertaking construction of anv additional phases of development on the Subject Property. Grantor shall fdovide Grantee with a storm water management analysis. prepared by a Illinois licensed Civil Engineer, indicating whether or not the bounds of the Easement Area are sufficient to accommodate the required depressional storage for additional development. WHEREAS. the ity Engineer shall have final authority in determinhw if the Easement_ - - Deleted: CITY Area is sufficient to accommodate any additional phases of development on the Subject Property. WHEREAS, during the interim period of time when the on-site detention facility serving the first phase of development is not equipped with a storm sewer outfall pipe a 100 year rainfall event may occur which causes an overflow of water from the on-site detention basin into other area of the Subject Property. WHEREAS, the parties wish to memorialize an agreement as to the granting of a temporary access easement covering the entire Subject Property to provide the grantee with the ability to enter the Subject Property to monitor, inspect, maintain and repair the on-site storm water management facility and interim high water level areas on an emergency basis. NOW, THEREFORE, in consideration of ten ($10.00) dollars in hand paid and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following agreements, covenants and restrictions are made: 1 . Incorporation of Recitals. The foregoing recitals are substantive and are incorporated by reference in this paragraph 1 as though fully set forth herein. 2. Grant of Easements. Grantor hereby grants to Grantee, and to Grantee's successors and assigns, a temporary, non-exclusive easement over and across the portion of the Subject Property depicted in Exhibit "B" attached hereto and made a part hereof (hereinafter referred to as the "Easement Area"), consistent with and for the purposes set forth in the terms of this Agreement; and a temporary, non-exclusive access easement over the entire Subject Property. The Easements granted herein shall automatically terminate upon the Grant2 s_ Deleted: ee equipping the on-site detention basin and/or basins with a storm sewer outfall pipe. _ _ _ _ _ _ _ _ _ , - Deleted: issuance of grading De m for phase 11 development of the Subject 3. Purposes of the Easements. The purposes of the easements granted herein are: Property, and a. The temporary, non-exclusive easement over the Easement Area is for the temporary right, privilege and authority, but not the obligation, to survey and inspect, and construct, reconstruct, repair and maintain, but only in cases of emergency, the storm water management area which is depicted as the "Interim High Water Level" (hereinafter "HWL") on the HWL Exhibit attached hereto as Exhibit `B", together with any and all manholes catch basins, sanitary sewers, connections, ditches, swales, and other structures 13ios8c2 4149814 and appurtenances as may be deemed necessary by Grantee. The right is also granted to cut down, trim, or remove any trees, shrubs, or other plants on the Easement Area that interfere with the operation of the storm water management facilities located on the Subject Property. b. The temporary, non-exclusive access easement over the entire Subject Property is for the right of access across the Subject Property in the event of an emergency, together with necessary equipment, to do any of the work or perform any of the easement rights described in paragraph 3.a. above. Grantor shall remain primarily responsible for the operation, maintenance, and repair of the storm water management area and appurtenances. Grantee will perform only emergency procedures as deemed necessary by the Grantee's Engineer. 4. Grantor Restrictions. During the term of this Agreement, Grantor shall not: a. place any permanent buildings on the Easement Area; or b. change the topography or storm water management structures within the Easement Area prior to Grantee's approval. _ Notwithstanding the foregoing, the storm_ - - Deleted: water management structures within the Easement Area may be used for purposes that do Deleted: approval ofGrantor's chase u not then or later interfere with the Grantee's rights herein. gaa'"g plans 5. Conduct and Coordination of Maintenance. Repair and Replacement. All entries by Grantee upon the Easement Area shall be done in a manner to so as to minimize impact upon the activities of the Grantor. However, any damage to the Subject Property caused as a result of Grantee's activities on the Easement Area or the Subject Property shall be the obligation of the Grantor to correct and restore to its original condition. 6. Grantee's Costs. In the event of an emergency effecting properties adjacent to the Subject Property requiring maintenance or repair of the Easement Area, Grantee may, at its option, perform such maintenance, repair, replacement. Grantor shall, upon presentment of verification by Grantee, immediately reimburse Grantee for any and all costs and charges associated therewith. In the event of a failure by Grantor to maintain and repair the Easement Area and the improvements thereon, which impacts adjacent property owners or Grantee, then Grantee shall notify Grantor in writing of such failure. If Grantor fails to remedy such failure within thirty (30) days after receipt of such notice or, if such failure cannot reasonably be cured within such thirty (30) days, or in the event Grantor fails to commence the cure of such failure within such thirty (30) day period and diligently pursue such cure to completion, Grantee may, at its option, perform the obligation which Grantor has failed to properly perform hereunder and Grantor shall, upon notice from Grantee, immediately pay to Grantee any and all costs and charges associated therewith. In the event that Grantee assumes any of Grantor's obligations pursuant to this paragraph, 13to6sn-3 433)&4 Grantee shall be entitled to recover from Grantor, upon request, the charges, fees, costs, and expenses reasonably incurred by Grantee. 7. Covenants Runnine with the Land. All provisions of this Agreement, including the benefits and burdens set forth herein, shall run with the land and are binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 8. Transfer of Ownership. Whenever a transfer of ownership of the real estate, or a part thereof, legally described in Exhibits A occurs, the liability of the transferor for any breach of covenant occurring thereafter shall automatically terminate with respect to such transferor. Any transferee shall automatically assume and be bound by the burdens and obligations hereunder running with the land to the owner of the parcel or portion thereof being transferred. 9. Interpretation. This Agreement shall be interpreted in all respects pursuant to the laws of the State of Illinois. The rule of strict construction does not apply to the grants herein. The grants herein shall be given a reasonable construction to carry out the intention of the parties hereto to confer a commercially usable right of enjoyment to each party. 10. Jurisdiction and Venue. The parties hereby agree that the proper venue for any actions pursuant to his Agreement, brought by or on the behalf of any of the parties to this Agreement, shall be heard in the Courts of Kendall County, Illinois. All parties waive any objections to the jurisdiction of said Court and hereby consent to itsjurisdiction. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK 13iossa4 43378/4 [SIGNATURE PAGES FOLLOW] GRANTEE: UNITED CITY OF YORKVILLE, An Illinois Municipal Corporation. By: Mayor By: City Clerk 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, an Illinois municipal corporation, and ' personally known to me to be the City Clerk of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person and severally acknowledged that as such Mayor and City Clerk, they signed and delivered the said instrument as such Mayor and City Clerk of said municipal corporation and they caused the corporated seal of said municipal corporation, as their own free and voluntary act, and as the free and voluntary act of said municipal corporation, for the uses and purposes therein set forth. Given under my hand and official seal this day of , 200$, _ _ , , - Deleted: 7 Notary Public 13iaean_5 433]814 GRANTOR: COPLEY VENTURES I LLC, An Illinois Corporation. By: It's President By: It's Secretary 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 President of Copley Ventures, Inc, an Illinois corporation, and personally known to me to be the Secretary of said corporation, and personally ]mown to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person and severally acknowledged that as such President and Secretary, they signed and delivered the said instrument as President and Secretary of said corporation and they caused the corporated seal of said corporation, as their own free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. Given under my hand and official seal this day of 52004- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Deleted: r Notary Public 13io6sa6 4337814 i LIST OF EXHIBITS Exhibit A: Legal Description Exhibit B: High Water Level Exhibit 13106827 4338/4 05/06/2008 08: 01 6385537575 YORKUILLE PAGE 09/ 10 i DXHIBIT A THAT FART OF.T7.-IE NORTHEAST 114 OF SECTION 30, TOWNSHIP 37 FORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF I SAID NORTHEAST 1/4; THENCE SOUTH 01 DEGREES 18 MINUTES 14 SE ONDS EAST ALONG THE EAST LINE OF SAID NORTHEAST 114, 474.42 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF U.S. ROUTE NO. 34 FOR A POINT OF BEGINNING; THENCE CONTINUING SOUTH 01 DEG S, 18 MINUTES 14 SECONDS EAST ALONG SAID EAST LINE, 1431.68 FEET; T iENCB SOUTH 88 DEGREES 33 MINUTES 00 SECONDS WEST, 1327.15 FELT, P. O THE WEST LM OF THE. BAST,112 .OF SAID NORTHEAST 1/4; THENCE-NO T4'1 01 DEGRELSt3 MIN(J S 35 SECONDS WEST ALONG SAID WEST' LINE, II 569,74 FEET TO A POINT ON SAID SOUTH RIGHT OF WAY" LINE; THENCE S0 PTH 85 DEGREES 29 MINUTES 54 SECONDS EAST ALONG SAID SOUTH RIGHT OF WAY LINE, 1331.85 FEET TO THE POINT OF BEGINNING, ALL IN D! USTOL TOWNSHIP, XmMALL COUNTY, ILLINOIS; EXCEPTING THERE 140M A SQUARE SHAPED PARCEL COMPRISED OF 60,000 SQUARE FEET AT THE NORTHWEST CORNER OF THE ABOVE-DESCRIBED REAL ESTATE. AND EXEMPTING THEREFROM THE PORTION OF PROPERTY TO BE CONVEYED TO THE ILLINOIS DEPARTMENT OF TRANSPORTATION WgICH SS LEGALLY DESCRIBED AS FOLLOWS . I PART OF THE NORTHEAST QUARTER OF SECTION 30 , TOWNSHIP 3.17 , RANGE 7 OF THE THIRD PRINCIPAL MERIDIAN , IN KENDALL COUNTY, ILLINOIS , MORE PARTICULARLY DESCRISED AS FOLLOWS . i COMMENCING AT THE NORTHEAST QUARTER OF SAID SECTION 30 , i THENCE SOUTH 01 DEGREES 14 MINUTES 08 SECONDS EAST, ALOIJC THE EAST LINE OF SAID SECTION 30 , 479 . 42 FEET, TO THE SOUTHERLY RIGHT OF WAY OF WEST VETERANS PARKWAY (U . S . RQUTE 34 ) AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH� O1 DEGREES 14 MINUTES 08 SECONDS EAST, 90 . 47 FEET; THP.NCE NORTH 85 DEGREES 32 MINUTES 37 SECONDS WEST, 13 . 71 FEET THENCE NORTH 40 DEGREES 30 MINUTES 56 SECONDS WESTr 106113 FEET; THENCE NORTH 85 DEGREES 30 MINUTES 22 SECONDS WESt? PARALLEL WITH SAID SOUTHERLY RIGHT OF WAY, 1004 . 09 FEET THENCE NORTH 01 DEGREES 15 MINUTES 36 SECONDS WEST, 1.5498 FEET, TO SAID SOUTHERLY RIGHT OF WAY ; THENCE SOUTH 85 j DEGREES 30 MINUTES 22 SECONDS EAST, ALONG SAID SOUTHERL* RIGHT OF WAY, 1085 . 33 FEET, TO THE POINT OF BEGINNING . I i �1 3 EXHIBIT "A" ' o _ 0 O M 2 6t r y^ __ C N If co Fn oil I 114\ ---- -- (D W C7 m J �„ ICI-- -____tor £8ww N O .:J�� ' �!>> I 111111 gy+ _ ~ `� O � \ O l lax `\`�� , oaflilll 11111 62 ylit`� d �'-S' X U Q fUl OIi �41I 1 lt l lit ° r z 4 m Ii� V , Z. l �I W I l � d 6 N II{i \by' l/ i{ I i d }—�� U t n 1 c r,. O U) a.to All to ¢ � Z IlJ 'SmZ 1 I C =Cd 000.7 Odi C.} ~pi 00 v CL C) a I 1 ZIwD 'ova pziwfl �( 7111 Lil N G (ND � z 1.0 i f1Mw // U~'7 w i rr� II �' = = m ° . . m O d 'l r ONIC in8 11 ^ i -_ \ ° _ 1r?'i s ° o z z t 03So 8d / - !, v a o 3 4_r try ;IIII i U a 1 ll tagIti lldl'�ti I lit i u O N Q CLW 0 CC) fir lid i _ J11 JI(o^'�1 :� ! j �� !l jt 91VIj1`Oj .a, ,,,,n. 41 iii . II 11111 _�,.�S� null I E Y7K r�tt tu 611111 I If I a'C-'Ili r ,L� _�___"_ [laud 1111 I tit 0111111 1 Z i ( I i V L1tl'Id dl ill I I I l flJ i } � "'t i Y17rjd f IIII 11 O /lJ�td ilill it Z / III � ry M ! �� liri yd d111U 1i t] cn rt 1 {I{ yry rY I lima #@11111 i 11 if R Z 1 z fill Ii z 11 1 3. 1 Ii I w c 2 J �i11 cr- VIII I� O � di `�. i • / \ty �� Ipj11 WWZI- Ilhill ll `Z r 11 It F- W z dllili it W w r Q \ y4Ftlj��, \ I UJ W it I g ill tl U� v a (W flu i1 O N -..,. 111 l it i .� ... 1 ^�� 1j1! O z d Atli Iltl it 'S m �✓ - ( Ilidf �Q W fi 11 -( : s lg31 !! I I � bFB.,,,_y° ��t � Pg iljt �j111 W O i Illy I�IIi il! W v 1111 REllli 1 � � Z rn 636'"°` - - o C} J i �_ 1 52 wheeler Road • Sugar Grove, IL 60554 TEL: 630 / 466-9350 FAX: 630 / 466-9380 w ,eehveb.com Engineering Enterprises, Inc. June 26, 2008 Mr. Joseph A. Wywrot, P. E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Rush-Copley Healthcare Center — Phase 1 Stormwater Management Plan United City of Yorkville, Kendall County, Illinois Dear Mr. Wywrot: Since early May of this year, EEI has been monitoring the "as constructed" condition and function of the three detention/infiltration basins that were developed during Phase 1 of the Rush Copley Healthcare Center project. The interest in the function of these ponds was stimulated by Rush Copley's request to allow the construction of the next phase of their master plan, a free standing dialysis center, without the construction of an outfall sewer as specified in the existing P. U.D. Agreement. The visual monitoring of these ponds on various occasions suggested that the ponds were not infiltrating at the design rate of 10.8 inches per day and led to concerns of whether additional flows could be added to this system without exceeding the design High Water Elevation. During this same general period there have been reported complaints and/or concerns regarding the Sexton property north of Route 34. It is reported that the Sexton depressional area that typically draws down through its agricultural field the system is not functioning normally this year. The field tiles serving this area have been connected to the Rush Copley stormwater system. Additionally, Kendall County representatives and contractors working on the courthouse expansion project have expressed concern at the unexpected "normal" water elevations they have encountered since connecting their storm sewer outfall into the designated sewer stub constructed by Rush Copley. On June 11 , 2008, during a meeting with Rush Copley and the City, EEI again raised concerns about the functionality of the of the Phase 1 stormwater system. At this meeting, Randy Buss of Cemcon, Ltd. agreed to collect infiltration measurements in the field, certify those results and forward them for review. To date, this information has not been presented to the city or EEI. Consulting Engineers Specializing in Civil Engineering and Land Surveying Mr. Joseph A. Wywrot, PE June 26, 2008 Page 2 of 3 During the past week, EEI has gone back and studied the multiple drafts of the Rush Copley Phase 1 Stormwater Management Analysis & Report as well as the engineering plans and have discovered some unsettling findings. Throughout the review of the preliminary and final engineering up to January 30, 2007, the stormwater basins were represented as being excavated to an elevation of 6 inches below the outfall flared end section invert. In Basins #1 and #2 the bottom of the basin would be excavated to an elevation of 624.50 with a normal water elevation of 625.00. Basin #3 would be excavated to an elevation of 622.50 with an normal water elevation of 623.00. On January 30, 2007, in correspondence addressed to your office, we recommended approval for mass grading and stormwater facility construction, based on these values. During the process of mass grading and stormwater construction, it was discovered by the excavating contractor that there was an elevation discrepancy or "bust" with regards to the original site elevations. On May 8, 2007, a meeting was held at Engineering Enterprises, Inc.'s office to discuss this problem. Cemcon identified at that meeting that the perimeter grades for the site where accurate but the interior grades, collected at a different time by a different technique, were as much as a few feet higher than what was shown on the plans. At that meeting, it was stated that the trunk line storm sewer would remain unchanged. Following this meeting, Cemcon, Ltd. indicated that they would be revising the site grading to reflect the discrepancy in grades. At this point in the review process, the final stormwater report had been approved with only a few comments ,lingering regarding the infiltration structures designed for Basin #3 and the calculations regarding these structures. When revised plans came into our office during the second week of May, 2007, our review focused only on the few outstanding stormwater issues raised in the previous review and did not focus on a re-review of the entire report, since there was no reason to expect changes in the other portions of the report. The balance of our review focused on the Phase 1 site improvements including parking lot and driveway design, water main, street lighting, etc. In the transmittal of revised plans, the design engineer never drew any attention to the fact that the design of the stormwater basins was changed in this final submittal. In this submittal, the bottoms of Basins #1 and #2 were raised to elevation 628.50 and starting water elevation was raised to 629.00. These basin changes were introduced even though the flared end sections entering and leaving these basins where installed at the original grades more than three feet below the bottoms of the basins. To our knowledge, there were no discussions with the City or our office at any previous time regarding these changes. These changes have resulted in the construction of a stormwater system that does not adhere to City design standards and simply does not function as originally designed. The main line sewer is now constantly underwater and subject to blockage and siltation. In our opinion, the failure of the Sexton property field tiles is directly related to the changed bottom elevation of these basins. Similarly, the G:: PubHWorkvrl620051Y00526 Rush-Copley (Conover-Fisher Prope"y)klocsUWyv/rot16R Aoc Mr. Joseph A. Wywrot, PE June 26, 2008 Page 3 of 3 County Courthouse stormwater system cannot function properly with Basins #1 and #2 filled to elevation 628.50. CONCLUSIONS We believe the only solution to this problem is to restore all three basins to there original design and in accordance with the design methodology that is stated and has remained unchanged in each edition of the Stormwater Management Analysis and Report prepared by Cemcon, Ltd. for this project; that is, to construct ". . .three stormwater management facilities excavated to a depth approximately 6-inches below the flowline of the outfall structures to accommodate first flush of runoff from impervious surfaces. " While this will likely be viewed as bad news by the design engineer and his client, we believe there may be some potential good news that is part of this remedial solution . The recommended remedial excavation of the Phase 1 infiltration basins represents additional stormwater basin volume since the tops of the basins have been raised because of the elevation discrepancies discussed above. This excess stormwater volume will allow for some latitude in the infiltration rates if they prove to be less than the assumed design values. We recommend that you direct the developer to excavate each of the basins to a level approximately 6 inches below their respective outfall sewer inverts in accordance with their design methodology and that you renew the request to Cemcon, Ltd. for certified field data to substantiate the infiltration rates assumed in their project design. If you have any questions or comments regarding the above or should you require additional information, please feel free to contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. William E. Dunn, P.E. Senior Project Manager PC: Mr. Travis Miller, Community Development Director Brendan McLaughlin, City Administrator JWF, TNP, DRM - EEI G]Publ1ckYorkvillet200b1Y00528 Rush-Copley (Conover-Fisher Property)XdocsVwyV9ot16R doe STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Resolution No. 2008- RESOLUTION APPROVING A TEMPORARY STORMWATER MANAGEMENT EASEMENT AGREEMENT WITH COPLEY VENTURES, INC. WHEREAS, Copley Ventures, Inc., an Illinois corporation ("Copley") is the owner in fee simple of a certain parcel of real estate which is located south of Veteran's Parkway and west of the proposed Beecher Road in Yorkville, Illinois, hereafter referred to as "Subject Property"; and, WHEREAS, Copley intends to develop the Subject Property as a medical healthcare campus in several phases of construction beginning with a medical office building to be constructed as the first phase of development which shall be located just south of Veteran's Parkway; and, WHEREAS, Copley intends to provide all required stormwater management within an on-site stormwater basin and shall ensure that such on-site detention basins are equipped with storm sewer outfall pipe as the phases of development may require, all as set forth in the Temporary Stormwater Management Easement Agreement attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Temporary Stormwater Management Easement Agreement by and between Copley Ventures, Inc., an Illinois corporation and the United City of Yorkville, in the form attached hereto and made a part hereof, is hereby approved; and, the Mayor and City Clerk are hereby authorized to execute and deliver same; and, to undertake any and all actions required to implement the terms thereof. 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 ROSESPEARS BOB ALLEN 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 <eo cl)` Reviewed By: Agenda Item Number J 0110 Legal ❑ � , ( , EST Finance ❑ 1 Engineer ❑ Tracking Number .4 (�l City Administrator ❑ Consultant ❑ EDC 2008-28 Parks and Recreation F-1 Agenda Item Summary Memo Title: Integrated Transportation Plan—Contract for Services Approval Meeting and Date: City Council—July 8, 2008 Synopsis: Contract approval for consultant services to complete the Integrated Transportation Plan. Council Action Previously Taken: Date of Action: Dec. 13, 2007 Action Taken: Funding approval and IDOT Agreement approval. Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached report. N,QED CITi- Memorandum ? To: EDC EST 1 sac From: Travis Miller/Stephanie Boettcher L Cc: Lisa Pickering, Deputy Clerk p` Date: June 27, 2008 Subject: EDC 2008 Integrated Transportation Plan — Contract for Services CE Request Authorize staff to execute the attached contract for services for the Integrated Transportation Plan. Background In 2004, the Illinois Department of Transportation awarded the City of Yorkville funds to complete an Integrated Transportation Plan to guide the City of Yorkville in planning future transportation facilities as high levels of population growth are experienced. This Plan was to consider community transportation issues, impacts on economic opportunities, protect natural resources and provide improved public access and mobility. The scope of services prepared for The Integrated Transportation System Plan was designed to achieve the goals set forth by the Illinois Tomorrow Corridor Planning Grant Program and complete the project described by the City of Yorkville when the grant funding was acquired. The Plan includes three components: 1 . Multi-Use Trail System Analysis 2. Multi-Use Trail System Design 3 . Downtown Streetscape Plan Funding approval in the amount of $ 10,200 to enable the completion of the United City of Yorkville Integrated Transportation System Plan was granted by City Council December 13, 2007. Note: the $ 10,200 is a local match required to obtain $91 ,800 in federal and state funds awarded to the City by IDOT in 2004. Authorization to execute Intergovernmental Agreement with IDOT (attached) was also approved in December 2007. STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Resolution No, 2008- RESOLUTION APPROVING CONTRACT WITH SEC GROUP, INC. TO PROVIDE PLANNING AND ENGINEERING SERVICES FOR THE INTEGRATED TRANSPORTATION PLAN WHEREAS, in 2004, the Illinois Department of Transportation awarded the City of Yorkville funds to complete an Integrated Transportation Plan to guide the City of Yorkville in planning future transportation facilities as high levels of population growth are experienced and to consider community transportation issues, impacts on economic opportunities, protect natural resources and provide improved public access and mobility; and, WHEREAS, the scope of services for the Integrated System Plan was designed to achieve the goals set forth by the Illinois Tomorrow Corridor Planning Grant Program and to complete the project described by the City of Yorkville when the grant funding was acquired; and, WHEREAS, the Plan includes three components: • multi-use trail system analysis • multi-use trail system design • downtown streetscape plan WHEREAS, after review of all submissions in response to a Request for Proposal for planning and engineering services to complete the Integrated Transportation System Plan, the proposal of SEC, Group Inc. as attached to this Resolution is hereby recommended for approval. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Proposal/Agreement for Master Planning Services Yorkville Integrated Transportation Plan with SEC Group, Inc. of Yorkville, Illinois, is hereby approved and the Mayor and City Clerk are hereby authorized to execute and deliver said document and undertake any and all actions as maybe required to implement its terms. 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 BOB ALLEN 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 SEC Group, Inc . Smith Engineering Consultants • SEC Automation ■ SEC Planning PROPOSAL/AGREEMENT for MASTER PLANNING SERVICES YORKVILLE INTEGRATED TRANSPORTATION PLAN Mr. Travis Miller Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Phone: 630-553-8573 Fax: 630-553-7575 SEC Job No. YORK-080384 June 23, 2008 llt �ic>is � Tc.�xs 6` 1 P .,,u is Poi me I}rive, Suite 201 , Yorl,rtll ,, Illinois 60560 r. 630,S53.7560 £: 630.;5137646 ttrti sec atx i ic.ta.x Mr. TraVIS MillCr Unned City of YoAville Yorkville tnteyated Transportation Plan SEC Job No, YORK-080389 June 23, 2008 Pose 2 of 13 I. Project tf dersfanding SEC Group; Inc. (SEC) is pleased to submit this proposal to provide planning and engineering services for the Integrated Transportation Plan. The scope of services has been prepared to achieve the goals set forth by the Illinois Tomorrow Corridor Plamiing Grant Program and as outlined in the Request for Proposal received on April 21 , 2008. The Integrated Transportation Plan is to consider community 'transportation issues, impacts on economic opportunities, protection of natural resources and provide improved public access and mobility, it is our understanding that professional services, as described below, are required to complete the project. ] I. � '°: Seope�f services A. Data Collection and Analysis SEC will coordinate tvitb the United City of Yorkville (Yorkville) staff to collect available data including demographics, corridor statistics, traffic volume maps, orthophotos, land use, and other relevant information and will evaluate the corridor and study area.'s present condition, Data will also be collected from other sources as needed for the benefit of the study. SEC will utilize all the information compiled including the items listed below: Current Yorkville demographic information. Corridor Statistics and Traffic Maps. • . 2006 Orthophotography obtained from Kendall County. • Land Use through the 2008 Comprehensive Plan Update. 200$ Conceptual Shared Use Trail Map. SEC will analyze the study area by conducting an initial kickoff meeting with the Yorkville staff. Site visits to the study area will then be conducted to observe and inventory the existing conditions to be compiled in the final report. Deliverables — Data Collection and Analysis • Collect data, assemble and review all pertinent information. • One (1) kickoff meeting with Yorkville staff. • Two (2) site visits — tour study area and inventory existing conditions. Air. Travis Miller United City of Yorkville Yorkville Integrated Transportation Plan SEC Job No. YORK-0&0389 hoe 23, 2008 Page 3 of 13 • One (1 ) Basemap and Aerial Exhibit of the Study Area_ • One (1 ) Site Analysis Exhibit. B. General Consultation 1 . Public Involvement, Coordination and Partnership SEC will provide professional services to complete the Public Involvement, Coordination and Partnership task. SEC will conduct a series of meetings, involving local, county and state officials, businesses, land developer, property owners, forest and waterway authorities, citizens, and stakeholders. The following items will be completed as part of this task'. • Stakeholder Interviews = Up to eight (8) stakeholder interviews will be conducted in the project with agencies affected property owners, and business leaders within the downtown area. Identified stakeholders will be met with to discuss project issues, concerns, and potential solutions. • Meetings with Stakeholder Task Force Committee — SEC will conduct four (4) meetings with the, Stakeholder Task Force Committee. SEC will work with the Task Force Committee to communicate progress on the project and to receive input on key issues and address stakeholder concerns. iSEC will coordinate with the Task Force on the creation of the Vision Statement, Goals and Objectives as well as the Community SutveyfQuestionnaire if.desirable. • Define Vision ' Statement, Goals and Objectives — During and following the public process, SEC will compile notes to create a coherent, specific vision statement capturing the goals and intentions of the project. Once defined, SEC will outline the goals and objectives necessary to achieve the result described in the vision statement and formulate an implementation plan. • Community Survey/Questionnaire — SEC will draft and coordinate a survey with the residents, business owners, Yorkville staff and elected officials, and other interested parties. This survey will ascertain the needs and desires of stakeholders in the region and will help to address respondents' diverse attitudes and concerns towards this study. The survey will be limited to one page, front and back, to ease in distribution and collection of data. Public Workshop and Information Meetings — Two (2) Public Workshop,/Information Meeting_ s will be completed for the Integrated Transportation Plan. SEC %Till coordinate with Yorkville to determine Mrr Travis Miller Unit-,d City of Yorkville Yorkville tniegated Transponation Plan SEC Job No, YORE.-080389 Jima 23, 2008 Page d of 13 the final format for these informational meetings to obtain meaningful participation. • Project Newsletters/Fact Sheets — Up to four (4) Project Newsletters will be completed and distributed throughout the course of the project. The Newsletter will provide a written source of easily understood, up- to-date information on the project study. The newsletters and fact sheets will be distributed to stakeholders at established milestones of the project and will be available for public meetings, briefings and general distribution. The Newsletter-v will be provided in Adobe` ) PDF format for easy posting to the Yorkville's website. • Final Public Meetings — Two , (2) Final Public Meetings will be completed. One (1 ) Planning Commission Meeting and One ( 1 ) City Council Meeting at a date to be determined. SEC will provide the status of the project, present the plans, facilitate discussion, and receive input from both government bodies. Deliverables — Public Involvement, Coordination' and Partnersbip • One ( 1 ) Survey/Questionnaire for distribution to Stakeholders. • Two (2) Public WorkshoplIttformation Meetings, • Eight (8) Interviews/Meethigs with Stakeholders, Local and Regional Authorities (as listed above), + Four (4) Stakeholder Task Force Committee Meetings. 9. Four (4) Project Newsletter?Fact Sheets. • ` Two (2) Final Public Meetings with Yorkville's Planning Commission and City Council: . 2. Prioritization: Phasing, Implementation and Funding Strategies SEC will provide services to complete Prioritization, Phasing, Implementation and Funding strategies. SEC will explore prioritization of the Shared-Use Trail and will recommend action steps and provide recommended programs and available funding grants to pursue. SEC will then provide Yorkville's leadership and staff with a color coded map showing the priority of phases for construction sequencing. Mr. Travis Miller United City of Yorkvillc Yorkville Integrated Transportation Plan SEC Job No. YORK-080389 R= 23, 2008 Page 5 of 13 Deliverables — Prioritization, Phasing, Implementation, and Funding Strategies • Prioritization, Phasing, Implementation and Funding Strategies (to be included in Final Report). • Master Phasing Plan for the Shared-Use Trail System. C. Conceptual Planning Concept Development Based on existing study area characteristics, inventory and results of the above tasks, SEC will complete the Concept Development task. The following items will be addressed: L Subtask 1 — Share-Use Trail System Design: • Identify locations on the 2008 Conceptual Shared-Use Trail Map that cross or conflict with other vehicular traffic. Unique design solutions will be provided where beneficial and appropriate. • Identify criteria to prioritize the implementation of the unconstrueted segments of the system. • Estimate construction costs, volume of users, potential locations of land or easement acquisition, and identify connectivity to commercial, schools, and work places, • Prepare a prioritized list of Shared-Use Trail projects and identify standalone projects to be completed with approximate cost estimates. Preliminary planning and engineering guidelines will be produced by SEC which will include phasing improvements, design and conceptual construction specifications and guidelines. The guidelines and policy produced will be used in the future as 'a valuable resource by developers, engineers, and others to encourage a sense of fairness and uniformity throughout Yorkville, as it continues to grow in the fixture. These conceptual guidelines will address the following elements as outlined in the Request for Proposal : • Cross-section design. • Material specifications and pavement markings. • Path, roadway signage; and wayfinding. .Mr. Tray is ,Miller United City of Yorkville Yorkville Integrated T:ansportation Plan SEC Job No. YORK-080384 June 23, ?008 Page 6 of 13 • Typical landscape improvements and guidelines. • Handicap accessibility and ADA compliance. • Potential traffic control measures. • Typical traffic control requirements. • Typical path and roadway lighting. • Bicycle and Pedestrian Safety Programs. • Cost estimates for items listed above. Deliverables-Shared Use Trail System Design • Conceptual Guidelines and Standards. • Shared-Use Trail Master Plan ' • Recommendations for Phasing Improvements, Design and Construction Specifications. • Signage and wayfmding theme and concept (defined below). • Preliminary cost estimates. 2. Subtask2 — Downtown Streetscape Plan Task l — Downtown Pedestrian System Analysis • Task 2 _ Design Standards for Streetscape Elements The purpose of the Downtown Strectscape Plan is to provide standards and guidelines for the pedestrian and bicycle environment in the downtown area of :Yorkville, and Design Standards for Streetscape Elements, ' SEC will also create a Concept Plan, with the goal of connecting; the existing downtown with surrounding residential neighborhoods, and improve upon existing interactions between vehicular, bicycle and pedestrian routes: The Streetscape Master Plan will identify conceptual landscape concepts, safe zones, resting areas (for passing and waiting), street separations and edge treatments. a. Task l - Downtown Pedestrian System Analysis SEC will examine and propose solutions for the Pedestrian System Analysis stage and the Shared-Use Trail System in the downtown study area. SEC will produce a map depicting points of pedestrian destinations, identify primary circulation routes, activity zones, and vehicular conflict areas such as street crossings. Specifically, the following elements will be considered and studied as defined in the Request for Proposal: k4r. Travis Miller United City of Yorkville Yorkville Integrated Transportation Plan SEC .lob No. PORK-080389 June 23, 2006 Pave 7 of 13 • Solutions for a safe pedestrian/bicycle environment. • Reduce conflict between non-vehicular and vehicular traffic. • Increase pedestrian and vehicular access to the downtown area. • Provide and improve connections to recreational opportunities like the Fox River and surrounding amenities. SEC will examine traffic calming techniques and will offer solutions, as requested by the Request for Proposal: • Alternative bike path surfaces at crossings. • Raised pavement areas, crossing surface colors and materials. • Safe sight and stopping distances. • Appropriate sidewalk and path width. • Refuge islands (bump outs) with barriers where needed. • Slow design speeds, slopes, curves. • Clear traffic signing, :pavement markings, and flashing signs. Deliverables — Downtown Pedestrian System Analysis (Task 1) • One (1 ) Downtowr Streetscape Master Plan. • One(1) Pedestrian System Analysis. • Street typical sections specific to the Downtown area. Up to Five (S) diagrams demonstrating safe bicycle and pedestrian treatments. • Illustrative narrative (to be included in the final report). b. Task 2 -Downtown Design Standards for Streetscape Elements SEC )Sall prepare the Downtown Streetscape Plan and Design. Standards for Streetscaping Elements: The streetscape elements will define physical components typically included in a streetscape such as banners, lighting, benches,' bike racks, bollards; trash receptacles, tree grates, landscape plantings, signage and wayfinding, paving and stonework. SEC will also perform a Theme and Character Study that recommends a coherent theme to implement within the Downtown. Deliverables — Design Standards for Streetscape Elements (Task 2) • Design Standards for Streetscape Elements • Theme and Character Study — further defined below. Mr. Travis Millet United City of Yorkville Yorkville biteerated Transportation Plan SEC Job No. YORK-080389 lime 23. 2008 Pape 8 of 13 D. Integrated Transportation Plan - Final Report The final report will provide a summary document outlining the findings, guidelines and policies. The report will document the process and will provide goals and objectives necessary to carry out the vision statement. Comments and feedback gained through the public process will be combined together with exhibits in a cohesive and comprehensive report. Plates, exhibits, illustrations, sketches, elevations and text descriptions will be utilized to convey ideas and direction of the plan. Thirty (3)0) copies of the report will be provided in 8 V" x 1 P' booklet and digital PDF format to Yorkville. F. Reimbursable Expenses Reimbursable expenses include expenses by the Consultant in the interest of the Project. Reimbursable items under this agreement shall include mailings, deliveries; plots, copies, reports, and exhibits, requested outside consultants, mileage, project related photography, permits. and application fees. Any additional material costs not described above will not be considered a reimbursable expense unless reviewed with and approved by Yorkville_ III "` tiitng The Scope of Work contained in this Contract will be completed on a Lump Sum basis. LUMP SUM: IyABQit 'COST Data Collection and Analysis (-PL02) $6050.00 ' General Consultation -PL13) $ 15, 100.00 Conceptual Plannin ` -PL04 $58,000.00 Prioritization, Phasing, $6,040.00 Implementation &c Funding Strategies Integrated Transportation Plan — $ 10,000.00 Final Report -PL17 Reimbursable Expenses 2,600.00 Siulr IotaL $97,850.00 Mr. "Travis Miller United City of Yorkville Yorkville Integrated Transportation Plan SEC Job No. YORK-080389 .Tune 23, 2008 page 9 of I3 IV, ! ADDTTIONAL ! CONTRACT UNDERSTANDING . - Extra Work Any work required but not included as par of this contract shall be considered extra work Extra work will be billed on a Time and Material basis with prior approval of the CLIENT. Outside Consultants SEC Group, Inc. (SEC), is not responsible for accuracy of any plans, surveys or information of any type including electronic media prepared by any other consultants. etc, provided to SEC for use in preparation of plans. SEC is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this contract unless indicated in the Scope of Work Attorneys' Fees - In It).- event of any litigation arising from or related to the services provided under this AGREEMENT, the prevailing party will be entitled to recovery of all reasonable costs incurred including staff time, court costs, attorneys' fees and other related expenses. Certificate of Merit The CLIEN T shall make no claim for professional negligence. either directly' or in a third party claim, against SEC unless the CLIENT has first provided SEC with a'written ceriBeation executed by an independent design professional currently practicing in the same discipline as SEC and 'licensedin the State of lllinais. This certification shalh a) contain the name and license number of the certifier; b) specify-each and every act or omission that the certifier contends is a violation of the standard of care expected of a Design Professional performing professional services under similar circumstances; and c) state in complete detail the basis for the cerificr's opinion that each such actor omission constimies such a violation. This certificate shall be provided to SEC not less than thirty (30) calendar days prior To the presentation!of any claim or the institution of any judicial proceeding. Standard of Can Sen ices provided by SEC under this AGREEMENT will he performed in a manner consistent with that degree of care and skill ordinaril}'exercised by members of the same profession currently practicing under similar circumstances. Job Site Safety Neither the professional activities of SEC, nor the presence of SEC'S employers and subeonsultants at a construction site, shall relieve the General Contractor and any Vilver entity of their obligations, duties :and responsibilities including, but not limited to. construction means, methods, sequence, techniques or procedures necessary for performing, suporintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by tiny regulatory agencies. SEC and "its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions 'the CLIENT agrees that the General Contractor is solely responsible for job:site safety, and warrants that this intent shall be made evident in the CLIEW. s AGREEMENT with the General Contractor. The CLIENT also agrees that the CLIENT, SEC and SEC'S consultants shall be indemnified and shall be made additional insureds on the General Contractor's and all subcontractor's general liability policies on a primary and non-contributory basis. Mr_ Travis %liIIer United City of Yorkville Yorkville huegrated Transportation plan SEC .lob No. YORK-090389 June 23. 2008 Page 10 of 13 Reuse of Documents All project documents including, but not limited to, plans and specifications furnished by SEC under this project are intended f'or use on ibis project only. Any reuse, without specific written verification or adoption by SEC shall be at the CLIENT's sole risk, turd CLIENC shall indemnify and hold harmless SIiC from all claims, damages and expenses including attorneys fees arising out of or resulting therefrom. Ownership of Instruments of Service All reports, plans, specifications, field dam, field notes, laboratory test data, calculations, estimates and other documents including all documents our electronic media prepared by SEC as instruments of service shall remain the property of SEO. SEC shall retain these records for a period of five (5) years follmving completionisubmission of the records, during which period they will be made available to the CLIENT at all reasonable times. Failure to Abide by Design Documents or to Obtain Guidance The CLIENT agrees that it would be unfair to hold SEC liable for problems that might occur should SEC'S plans, specifications or design intents not be followed, or for problems resulting lrom others' failure to obtain and/or follow SECS guidance with respect to any errors, omissions, inconsistencies, ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing SECS plans, specifications or other ins en bfsemice. Accordingly, the CLIENT waives any claim against SEC, and agrees to defend, indemnify and hold SEC harmless from any claim for injury or losses that results from failure to follow= SECS plans, specifications or design intent, or for failure to obtain and/or follow SEC'S guidance with respect to any alleged errors, omissions, inconsistencies, ambiguities or conflicts contained within or arising as a result of implementing SEC'S plans,specifications or other instruments of seances. The CLIENT also agrees to compensate SEC for any time spent and expenses incurred by SEC'S prevailing fee schedule and expense reimbursement policy. Opinion of Probable Construction Cost -. SEC shall submit to the CLIENT an opinion of probable cost required to construct work recommended, designed. or specified by SEC. SEC is not a consn4IDtion cost estimator or construction contractor, not should SEC'S rendering an opinion of probable construction costs be considered equivalent to the nature and extent of sea-ice a construction cost estimator or construction contractor would provide. SEC'S opinion will be based solely upon his or her own experience with construction. This requires SEC to make a number of assumptions as to actual conditions that will be encountered on site; the specific decisions of other design professionals engaged; the means and methods of construction the contractor will employ; the cost and extent of labor, equipment and materials the contractor will employ, contractor's 'techniques in determining prices and market conditions at the time; and other factors over which SEC has'no control. Given the assumptions which must be made, SEC cannot guarantee the accuracy ofhis or her opinions of cost, and in recognition of that fact, the CLIENT waives any claim against SEC relative to the accuracy of SEC'S opinion of probable construction cost. - Design Information in Electronic Form Because electronic file information can be easily altered, corrupted, or modified by other parties, either intentionally or inadvertently, without notice or indication, SEC reserves the right to remove itself from of its ownership and/or involvement: in the material from each electronic medium not held in its possession. CLIENT shall retain copies of the work performed by SEC in electronic form only for information and use by CLIENT for the specific propose for which SEC was engaged. Said material shall not be used by CLIENT tit transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by SEC without SEC's expressed written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. Furthermore, the CLIENT agrees to defend, indemnity, and Mild SEC harmless from all claims, injuries, damages, losses, expenses, and attmney's fees arising out of the modification or reuse of these materials. The CLIENT recognizes that designs, plans, and data stored on electronic media including, but not limited to computer disk, magnetic iape, or files transferred via email, miry be subject to undetectable:alteration and/or uncontrollable deterioration. The fill. Travis kliller United City of Yorkville Yorkville Integrated Transportation Plan SEC ,Job No. YORK-080389 Juno 23, 2008 Page I 1 of 13 CLIEN L therefore, agrees that .SEC shall not be liable for the completeness or accuracy of any materials provided on electronic media after a 30 day inspection period, during which time SEC shalt correct anv errors detected by the CLIENT to complete the design in accordance with the intent of the contract mid specifications, After 4D days, at the request ofthe CLIENT, SEC shall submit a final set of sealed drawings, and any additional services to be performed by SEC relative to the submitted electronic materials shall be subject to separate AGREEMENT. Dispute Resolution In an eflbrt to resolve any conflicts that arise during the design or construction of the project or .[()][owing the completion of the project, the Consultant and CLIENT agree that all disputes between them arising out of or tainting to this AGREEMENT shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. Limitation of Liability The CLIENT agrees, to the fullest extent permitted by law, to limit the liability of SEC and its subconsultants to the CLIENT for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness fees and costs, so that Vic total aggregate liability of S17C and its subconsultants to all those named shall not exceed SEC'S total Ice for services rendered on this project. It is intended that this (imitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. Hazardous Materials It is acknowledged by both parties that SEC'S scope of services does not include anV services related to asbestos or hazardous or toxic materials_ In the event SEC or any other party encounters asbestos or hazardous or toxic materials at the job site, or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of SEC'S services.. SEC may, at its option and without liability for consequential or any other damages, suspend performance of services on the project until the CLIENT retains appropriate, specialist consultant(c) or contactor(s) to identify. abate and;br remove the asbestos or Hazardous or toxic materials, and warrant, that the job site is in full compliance with applicable laws and regulations. Exclusion This fee does not include attendance at any meeKings or public hearings other than those specifically listed in the Scope of San ices. These work items are considered extra and am billed separately on an hourly basis. Payment a. SEC shall invoice Client monthly for services rendered under the Contract. Client's obligation to :make its payment to SEC shall be within 30 days of the invoice] -SEC will allow a grace period of an additional 10 working days or after 45 days of the invoice date without interest chwM Any outstanding balance past 45 days will be subject to an interest charge tat agate of 1 .5% per mouth. If Client Pails to make any payment required by the Contract beyond sixty (60) days, SEC shall have no further obligation to perform services under the Contract and SEC may, at SEC's discretion, terminate the Contract or suspend work. SEC will notify the client of the suspension of work or the termination of the Contract. five (5) business days.before the action occurs. SEC, at SEC's sole discretion, may resume services once all invoices beyond 3D da;rs are paid In full, If at my time there is an outstanding balance of $10,000 or more beyond 60 days, the Client shalt make payment to SEC in an amount equal to the full outstanding balance. SEC has the right to lien the project if any outstanding invoices are not paid within ninety (96) days of invoice submission. SEC may require the Client to deposit a retainer will) SEC to cover the cost of future work of the Client allows its account to remain delinquent in excess of ninety (90) days. The obligations of this paragraph may not be waived and may only be modified by the written agreement of the parties. b. Any contracts less than $5,000.00, payment will be due upon submittal of the completed work to the CLIENT. A4r. Trai-is h4il7er fanted City of Yorkville York,N i11e Integrated "Transportation Plan SEC Job No. YORK-080384 .Tune 23, 2008 page 12 of 13 Inclement Weather In the event of a substantial weather system affecting the completion of the said project, 5EC retains the right to renegotiate additional fees to cover time needed to complete the said proiect. Substantial weather conditions include but not limited to extensive rain, high winds, snow greater than two (2) inches and ice. Time Limit This AGREEMENT must be executed within ninety (90) days of the composition date to be accepted under the terms set forth herein. This contrast shall expire two years from date of execution. Termination tither party has the option to terminate this Agreement. In the event of failure by the other party to perform in accordance widt the teens hereof through no fault of the terminating party, then the obligation to provide further services under this Agreement may be terminated upon seven days written notice. In the event of any termination, SEC will be paid for all authorized services rendered to the date ofterannation, Mr. Travis Miller United City of Yorkville Yorkville Integrated Transportation Plan SEC Job No. YORK-0803389 June 2:3. 2008 Page 13 of 13 We sincerely appreciate this opportunity to offer our services. If this AGREEMENT merits your approval and acceptance, please sign both copies, retain one (1 ) copy for your files and return one (1) to our office. This AGREEMENT is approved and accepted by the Client and Consultant upon both parties signing and daring the AGREEMENT. Work cannot begin until SEC receives a signed agreement. The effective date of the AGREEMENT shall be the last date entered below. Sincerely, SEC GROUP, INC. Phil L. Stuepfert Director of Planning. Midwest Approved by: Jason J. Poppen Executive Vice President PLSljmk CLIENT: Accepted by: PrintedlTvped Name: Title: Date: Client: Z:i20095 080389-YORK\?dministrative\Agmc in nts\080i89 Proposal 062,08 dkxN, JobslSmith\2007\070XXX;SMM..Smith Ca;.Adroirustrffiion=.Contrpc+.'iPMpnsal-03Q308�fr,doa (Actual File Location) OI rods Department Intergovernmental Agreement of Transportation Governments! Body Name City of Yorkville Address 800 Game Farm Road City, State, Zip Yorkville, Illinois 60560 Remittance Address (if different from above) City, State, Zip Telephone Number Fax Number FEINlTIN 630-553-8531 630-563-7575 35-6006169 Brief Description of Service (full description specified in Pad 5) Funds for this project will be used to conduct a Yorkville Integrated Transportation plan and Fox River Watershed in the city of Yorkville,Illinois. Compensation Method (full details Agreement Term specified in Part 6) - From: Execution Flat Rate Total Compensation Amount Advance Pay ❑ Yes To: $91,800 ® No June 30, 2011 i REQUIRED SIGNATURES By signing below, GOVERNMENTAL BODY and DEPARTMENT agree to Comply with and abide by all provisions set forth In Parts 1- 7 herein and any Appendices thereto. , //FOR THE GOVERNMENTAL BODY: �ra VA F.P , E 80Rt�, Ia -19- 0 Signature of Authorized Representative Type r nn o Authorized Representative Date FOR THE DEPARTMENT:' El SthahNCHdIMIns, Chief Counsel ( pro a to fonnj Richard J. Smith, Director, Planning and Programming Ann Schneider, Director of Finance & Administration -1,> '' 12r00� Milton R. Sees, P.E., Secretary of Transportation Date Intergovernmental Agreement Page 1 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 Illinois Department of Transportation INTERGOVERNMENTAL AGREEMENT FOR INTEGRATED TRANSPORTATION PLAN AND FOX RIVER WATERSHED This Agreement is by and between City of Yorkville Please type or print legibly GovrmmenAL Sony's legal name and address 800 Game Farm Road Yorkville, Illinois 60660 Attn: Bartolomew A. Olson e-mail: bolson@yorkville.il.us hereinafter called the GOVERNMENTAL BODY, and the State of Illinois, acting by and through its Department of Transportation, hereinafter called the DEPARTMENT. Part 1 Scope/Compensation/Term Part 2 General Provisions Part 3 Federally Funded Agreements Part 4 Specific Provisions Part 5 Scope of Services/Responsibilities Part 6 Compensation for Services Part 7 Agreement Award Information PART 1 SCOPE / COMPENSATION / TERM A. Scope of Services and Responsibilities. The DEPARTMENT and the GOVERNMENTAL BODY agree as specked in Part 5. B. Compensation. Compensation (if any) shall be as specked in Part 6. C. Term of Agreement The term of this Agreement shall be from execution to 0613012011:• D. Amendments. All changes to this Agreement must be mutually agreed upon by DEPARTMENT and GOVERNMENTAL BODY and be incorporated by written amendment, signed by the parties. E. Renewal. This Agreement may not be renewed. Intergovernmental Agreement Page 2 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 PART 2 GENERAL PROVISIONS A. Changes. If any circumstance or condition in this Agreement changes, GOVERNMENTAL BODY must notify the DEPARTMENT in writing within seven days. B. Compliance/Governing Law. The terms of this Agreement shall be construed in accordance with the laws of the State of Illinois. Any obligations and services performed under this Agreement shall be performed in compliance with all applicable state and federal laws. C. Non-Appropriation. This Agreement is subject to termination and cancellation in any year for which the General Assembly or the United States Congress fails to make an appropriation to make payments under the terms of the Agreement. D. Records Inspection. The DEPARTMENT or a designated representative shall have access to GOVERNMENTAL BoDYs work and applicable records whenever it is in preparation or progress, and the GOVERNMENTAL BODY shall provide for such access and inspection. E. Records Preservation. The GOVERNMENTAL BODY shall maintain for a minimum of three years after the completion of the Agreement, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the Agreement. F. Subcontracting/Procurement Procedures/Employment of Department Personnel. 1 . Subcontracting. Subcontracting, assignment or transfer of all or part of the interests of the GOVERNMENTAL BODY concerning any of the obligations covered by this Agreement is prohibited without prior written consent of the DEPARTMENT. 2. Procurement of Goods or Services — Federal Funds. For purchases of products or services with any Federal funds that cost more than $2,500.00 but less than the simplified acquisition threshold fixed at 41 U.S.0 403(11), (currently set at $1003000.00) the GOVERNMENTAL BODY shall obtain price or rate quotations from an adequate number (at least three) of qualified sources. Procurement of products or services with any Federal funds that are in excess of the simplified acquisition threshold fixed at 41 U.S.C. 403(11 ), (currently set at $100,000.00) will require the GOVERNMENTAL BODY to use the Invitation for Bid process or the Request for Proposal process. In the absence of formal codified procedures of the GOVERNMENTAL BODY, the procedures of the DEPARTMENT will be used, provided that the procurement procedures conform to the provisions in Part 3(K) below. The GOVERNMENTAL BODY may only procure products or services from one source with any Federal funds if (1) the products or services are available only from a single source; or (2) the DEPARTMENT authorizes such a procedure; or, (3) after solicitation of a number of sources, competition is determined inadequate. 3 Procurement of Goods or Services — State Funds. For purchases of products or services with any State of Illinois funds that cost more than $10,000.00, ($5,000.00 for professional and artistic services) but less than the small purchase amount set by the Illinois Procurement Code Rules, (currently set at $31 ,300.00 and $20,000.00 for professional and artistic services) the GOVERNMENTAL BODY shall obtain price or rate quotations from an adequate number (at least three) of qualified sources. Procurement of products or services with any State of Illinois funds in excess of the small purchase amount (currently set at $31,300.00 for goods and services and $20,000.00 for professional and artistic services) will Intergovernmental Agreement Page 3 IT— United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 require the GOVERNMENTAL BODY to use the Invitation for Bid process or the Request for Proposal process. In the absence of formal codified procedures of the GOVERNMENTAL BODY, the procedures of the DEPARTMENT will be used. The GOVERNMENTAL BODY may only procure products or services from one source with any State of Illinois funds if: (1 ) the products or services are available only from a single source; or (2) the DEPARTMENT authorizes such a procedure; or, (3) after solicitation of a number of sources, competition is determined inadequate. The GOVERNMENTAL BODY shall include a requirement in all contracts with third parties that the contractor or consultant will comply with the requirements of this Agreement in performing such contract, and that the contract is subject to the terms and conditions of this Agreement 4. EMPLOYMENT OF DEPARTMENT PERSONNEL. GOVERNMENTAL BODY will not employ any person or persons Currently employed by the DEPARTMENT for any work required by the terms of this Agreement. PART 3 FEDERALLY FUNDED AGREEMENTS A. Standard Assurances, The GOVERNMENTAL BODY assures that it will comply with all applicable federal statutes, regulations, executive orders, Federal Transit Administration (FTA) circulars, and other federal requirements in carrying out any project supported by federal funds. The GOVERNMENTAL BODY recognizes that federal laws, regulations, policies, and administrative practices may be modified from time to time and those modifications may affect project implementation. The GOVERNMENTAL BODY agrees that the most recent federal requirements will apply to the project. B. Certification Regarding Lobbying. As required by the United States Department of Transportation (U.S. DOT) regulations, "New Restrictions on Lobbying," at 49 CFR 20.110, modified as necessary by 31 U.S.C. 1352 the GOVERNMENTAL BODYs authorized representative certifies to the best of his or her knowledge and belief that for each agreement for federal assistance exceeding $100,000: 1 . No federal appropriated funds have been or will be paid by or on behalf of the GOVERNMENTAL BODY to any person to influence or attempt to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress regarding the award of federal assistance, or the extension, continuation, renewal, amendment, or modification of any federal assistance agreement; and 2. If any funds other than federal appropriated funds have been or will be paid to any person to influence or attempt to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any application for federal assistance, the GOVERNMENTAL BODY assures that it will complete and submit Standard Form-LLL, 'Disclosure Form to Report Lobbying," including information required by the instructions accompanying the form, which form may be amended to omit such information as authorized by 31 U.S.C. 1352. 3. The language of this certification shall be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements). The GOVERNMENTAL BODY understands that this certification is a material representation of fact upon which reliance is placed and that submission of this certification is a prerequisite for providing federal assistance for a transaction covered by 31 U.S.C. 1352. The GOVERNMENTAL BODY also understands Intergovernmental Agreement Page 4 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 that any person who fails to file a required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. C. Nondiscrimination Assurance. As required by 49 U.S.C. 5332 (which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment Dr business opportunity), by Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, and by U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act." 49 CFR Part 21 at 21 .7, the GOVERNMENTAL BODY assures that it will comply with all requirements imposed by or issued pursuant to 49 U.S.C. 5332, 42 U.S.C. 2000d and 49 CFR Part 21 , so that no person in the United States, on the basis of race, color, national origin, creed, sex, or age will be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination in any program or activity (particularly in the level and quality of transportation services and transportation-related benefits) for which the GOVERNMENTAL BODY receives federal assistance awarded by the U.S. DOT or FTA. Specifically, during the period in which federal assistance is extended to the project, or project property is used for a purpose for which the federal assistance is extended or for another purpose involving the provision of similar services or benefits, or as long as the GOVERNMENTAL BODY retains ownership or possession of the project property, whichever is longer, the GOVERNMENTAL BODY assures that: 1 . Each project will be conducted, property acquisitions will be undertaken, and project facilities will be operated in accordance with all applicable requirements of 49 U.S.C. 5332, 42 U.S.0 2000d and 49 CFR Part 21 , and understands that this assurance extends to its entire facility and to facilities operated in connection with the project. 2. It will promptly take the necessary actions to effectuate this assurance, including notifying the public that complaints of discrimination in the provision of transportation-related services or benefits may be filed with U.S. DOT or FTA. Upon request by U.S. DOT or FTA, the GOVERNMENTAL Boot assures that it will submit the required information pertaining to its compliance with these requirements. 3. It will include in each subagreement, property transfer agreement, third party contract, third party subcontract, or participation agreement adequate provisions to extend the requirements of 49 U.S.C. 5332, 42 U.S.C. 2000d, and 49 CFR Part 21 to other parties involved therein including any subrecipient, transferee, third party contractor, third party subcontractor at any level, successor in interest, or any other participant in the project. 4. Should it transfer real property, structures, or improvements financed with federal assistance to another party, any deeds and instruments recording the transfer of that property shall contain a covenant running with the land assuring nondiscrimination for the period during which the property is used for a purpose for which the federal assistance is extended or for another purpose involving the provision of similar services or benefits. 5. The United States has a right to seek judicial enforcement with regard to any matter arising under the Act, regulations, and this assurance. 6. It will make any changes in its Title VI implementing procedures as U.S. DOT or FTA may request to achieve compliance with the requirements imposed by or issued pursuant to 49 U.S.C. 5332, 42 U.S.C. 2000d, and 49 CFR Part 21. D. Control of Property. GOVERNMENTAL BODY certifies that the control, utilization and disposition of property or equipment acquired using federal funds is maintained according to the provisions of A-102 Common Rule. Intergovernmental Agreement Page 5 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 E. Cost Principles. The cost principles of this Agreement are governed by the cost principles found in Title 48, Code of Federal Regulations, Subpart 31 , as amended; and all costs included in this Agreement are allowable under Title 48, Code of Federal Regulations, Part 31 , as amended. F. Debarment GOVERNMENTAL BODY shall comply with Debarment provisions as contained in 49 Code of Federal Regulations, Part 29, including Appendices A and B as amended. GOVERNMENTAL BODY certifies that to the best of its knowledge and belief, GOVERNMENTAL BODY and GOVERNMENTAL BODY'S principals: a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; b) within a three-year period preceding this Agreement have not been convicted of or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract under a public transaction, violation of federal or state anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in subsection (b), above; d) have not within a three-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. The inability of a prospective GOVERNMENTAL BODY to certify to the certification in this section will not necessarily result in denial of participation in this Agreement- The prospective GOVERNMENTAL BODY shall submit an explanation of why it cannot provide the certification in this section. This certification is a material representation of fact upon which reliance was placed when the DEPARTMENT determined whether to enter into this transaction. If it is later determined that GOVERNMENTAL BODY knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the DEPARTMENT may terminate this Agreement for cause. The GOVERNMENTAL BODY shall provide immediate written notice to the DEPARTMENT if at any time the GOVERNMENTAL BODY learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms 'covered transaction,° "debarred," °suspended; "ineligible," °lower tier covered transaction, °participant" "person," °primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this Part shall have the meaning set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549 and 12689. The GOVERNMENTAL BODY agrees that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized, in writing, by the DEPARTMENT. The GOVERNMENTAL BODY agrees that it will include the clause titled °Cert'fiication Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the DEPARTMENT, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. The GOVERNMENTAL BODY may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless GOVERNMENTAL BODY knows the certification is erroneous. GOVERNMENTAL BODY may decide the method and frequency by which it determines the eligibility of its principals. Each GOVERNMENTAL BODY may, but is not required to, check the Non-procurement List If a GOVERNMENTAL BODY knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from participation, in addition to other remedies available to the federal government, the DEPARTMENT may terminate this Agreement for cause or default. Nothing contained in this section shall be construed to require establishment of a system of records in order to render in good faith the certification required by this section. The knowledge and Intergovernmental Agreement Page 6 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 information of a GOVERNMENTAL. BODY is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. G. Single Audit, The Single Audit Act of 1984 (Public Law 98-502) and the Single Audit Act Amendments of 1996, 31 U.S.C. 7501 at seq, require the following: 1 . State or local governments that receive $500,000 or more a year in federal financial assistance shall have an audit made in accordance with the Office of Management and Budget (OMB) Circular No. A-133. 2. State or local governments that receive less than $500,000 a year shall be exempt from compliance with the Act and other federal requirements. 3. Nothing in this paragraph exempts state or local governments from maintaining records of federal financial assistance or from providing access to such records to federal Agencies, as provided for in federal law or in (OMB) Circular A-133 °Audits of States, Local Governments and Non-Profit Organizations.' 4. A copy of the audit report must be submitted to the DEPARTMENT within 30 days after completion of the audit, but no later than one year after the end of the GOVERNMENTAL BODY's fiscal year. H. Drug Free Workplace. The GOVERNMENTAL BODY certifies that it will comply with the requirements of the federal Drug Free Workplace Act, 41 U.S.CA. 702 as amended, and 49 C.F.R. Part 29, Subpart F, including Appendix C as amended. I. Disadvantaged Business Enterprise Assurance. In accordance with 49 CFR 26.13(a), as amended, the GOVERNMENTAL BODY assures that it shall not discriminate on the basis of race, color, national origin, or sex in the implementation of the project and in the award and performance of any third party contract, or subagreement supported with Federal assistance derived from the U.S. DOT or in the administration of its Disadvantaged Business Enterprise (DBE) program or the requirements of 49 CFR Part 26, as amended. The GOVERNMENTAL BODY assures that it shall take all necessary and reasonable steps set forth in 49 CFR Part 26, as amended, to ensure nondiscrimination in the award and administration of all third party contracts and subagreements supported with Federal assistance derived from the U.S. DOT. The GOVERNMENTAL BODY S DBE program, as required by 49 CFR Part 26, as amended, will be incorporated by reference and made a part of this Agreement for any Federal assistance awarded by FTA or U.S. DOT. Implementation of this DBE program is a legal obligation of the GOVERNMENTAL BODY, and failure to carry out its terms shall be treated as a violation of the Agreement Upon notification by the Federal Government or the DEPARTMENT to the GOVERNMENTAL BODY of its failure to implement its approved DBE program, the U.S. DOT may impose sanctions as provided for under 49 CFR Part 26, as amended, and may in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 , as amended, and/or the Program Fraud Remedies Act, 31 U.S.C. 3801 et seq., as amended. J. Assurance of Nondiscrimination on the Basis of Disability. As required by U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," at 49 CFR 27.9, the GOVERNMENTAL BODY assures that, as a condition to the approval or extension of any Federal assistance awarded by FTA to construct any facility, obtain any rolling stock or other equipment, undertake studies, conduct research, or to participate in or obtain any benefit from any program administered by FTA, no otherwise qualified person with a disability shall be, solely by reason of that disability, excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in any program or activity receiving or benefiting from Federal assistance administered by the FTA or any entity within U.S. DOT, The GOVERNMENTAL BODY assures that project implementation and operations so assisted will comply with all applicable requirements of U.S. DOT regulations implementing the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, et seq., and the Americans with Disabilities Act of 1990, as Intergovernmental Agreement Page 7 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 amended, 42 U.S.C. 12101 et seq., and implementing U.S. DOT regulations at 49 CFR parts 27, 37, and 383 and any applicable regulations and directives issued by other Federal departments or agencies. K. Procurement Compliance Certification. The GOVERNMENTAL BODY Certifies that its procurements and procurement system will comply with all applicable third parry procurement requirements of Federal taws, executive orders, regulations, and FTA directives, and requirements, as amended and revised, as well as other requirements FTA may issue including FTA Circular 4220. 1E, "Third Party Contracting Guidelines," and any revisions thereto, to the extent those requirements are applicable. The GOVERNMENTAL BODY certifies that it will include in its contracts financed in whole or in part with FTA assistance all clauses required by Federal laws, executive orders, or regulations, and will ensure that each subrecipient and each contractor will also include in its subagreements and its contracts financed in whole or in part with FTA assistance all applicable clauses required by Federal laws, executive orders, or regulations. L. Intelligent Transportation Systems Program. As used in this assurance, the term Intelligent Transportation Systems (ITS) project is defined to include any project that in whole or in part finances the acquisition of technologies or systems of technologies that provide or significantly contribute to the provision of one or more ITS user services as defined in the "National ITS Architecture." 1 . As provided in SAFETEA-LU Section 5307(c), 23 U.S.C. 502 note, the GOVERNMENTAL BODY assures it will comply with all applicable requirements of Section V (Regional ITS Architecture and Section VI (Project Implementation) of FTA Notice, "FTA National ITS Architecture Policy on Transit Projects,' at 66 Fed. Reg. 1455 et seq., January 8, 2001 , and other FTA requirements that may be issued in connection with any ITS project it undertakes financed with funds authorized under Title 49 or Title 23, United States Code. 2. With respect to any ITS project financed with Federal assistance derived from a source other than Title 49 or Title 23, United States Code, the GOVERNMENTAL BODY assures that is will use its best efforts to ensure that any ITS project it undertakes will not preclude interface with other intelligent transportation systems in the Region. M. Davis-Bacon Act. To the extent applicable, GOVERNMENTAL BODY Will comply with the Davis-Bacon Act, as amended, 40 U.S.C. 3141 of seq., the Copeland 'Anfi-Kickback" Act, as amended, 18 U.S.C. 874, and the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. 3701 et seq., regarding labor standards for federally assisted subagreements. N. Certifications and Assurances Required by the U.S. Office of Management and Budget (OMB) (SF-424B and SF-424D) As required by OMB, GOVERNMENTAL BODY Certifies that it: 1 . Has the legal authority and the institutional, managerial, and financial capability (including funds sufficient to pay the non-federal share of project cost) to ensure proper planning, management, and completion of the project. 2. Will give the U.S. Secretary of Transportation, the Comptroller General of the United States, and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives; 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or Intergovernmental Agreement Page 8 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 personal gain; 4. Will initiate and complete the work within the applicable project time periods; 5. Will comply with all applicable Federal statutes relating to nondiscrimination including, but not limited to: • Title VI of the Civil Rights Act, 42 U.S.C. 2000d, which prohibits discrimination on the basis of race, color, or national origin; • Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 through 1683, and 1685 through 1687, and U.S. DOT regulations, "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," 49 CFR Part 25, which prohibit discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of disability; • The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 through 6107, which prohibits discrimination on the basis of age; • The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. 1101 et seq., relating to nondiscrimination on the basis of drug abuse; • The Comprehensive Alcohol Abuse and Alcoholism Prevention Act of 1970, as amended, 42 U.S.0 4541 et seq., relating to nondiscrimination on the basis of alcohol abuse or alcoholism; • The Public Health Service Act of 1912, as amended, 42 U.S.C. 201 et seq., related to confidentiality of alcohol and drug abuse patient records; • Title VIII of the Civil Rights Act, 42 U.S.C. 3601 et seq., relating to nondiscrimination in the sale, rental, or financing of housing; • Any other nondiscrimination provisions in the specific statutes under which Federal assistance for the project may be provided including, but not limited, to 49 U.S.C. 5332, which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity, and Section 1101 (b) of the Transportation Equity Act for the 21st Century, 23 U.S.C. 101 note, which provides for participation of disadvantaged business enterprises in FTA programs; and • Any other nondiscrimination statute(s) that may apply to the project. All of the requirements listed in Part 3, paragraphs A through N apply to the federally funded project. The GOVERNMENTAL BODY agrees to include these requirements in each contract and subcontract financed in whole or in part with federal assistance. PART 4 SPECIFIC PROVISIONS A. Invoices, The amount shown on each invoice shall be in accordance with the rates established in Part 6. All non-labor costs, if allowable, shall be listed and itemized as provided in Part 6. Any invoices/bills issued by the GOVERNMENTAL BODY to the DEPARTMENT pursuant to this Agreement shall be sent to the following address: Illinois Department of Transportation Bureau of Business Services Attn: Juanita Akers 2300 South Dirksen Parkway, Room 302 Intergovernmental Agreement Page 9 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 Springfield, 1162764 All invoices shall be signed by an authorized representative of the GOVERNMENTAL BODY. B. Billing and Payment. All invoices for services performed and expenses incurred by GOVERNMENTAL BODY prior to July 1st of each year must be presented to the DEPARTMENT no later than July 31 of that same year for payment under this Agreement. Notwithstanding any other provision of this Agreement, the DEPARTMENT shall not be obligated to make payment to GOVERNMENTAL BODY on invoices presented after said date. Failure by GOVERNMENTAL BODY to present such invoices prior to said date may require GOVERNMENTAL BODY to seek payment of such invoices through the Illinois Court of Claims and the Illinois General Assembly. No payments will be made for services performed prior to the effective date of this Agreement. The DEPARTMENT will send all payments to the GOVERNMENTAL BoDYS remittance address listed in this Agreement. C. Termination, If the DEPARTMENT is dissatisfied with the GOVERNMENTAL BODYs performance or believes that there has been a substantial decrease In the GOVERNMENTAL BODY'S performance, the DEPARTMENT may give written notice that remedial action shall be taken by the GOVERNMENTAL BODY within seven (7) calendar days. If such action is not taken within the time afforded, the DEPARTMENT may terminate the Agreement by giving seven (7) days written notice to the GOVERNMENTAL BODY. Additionally, the DEPARTMENT may terminate the Agreement by giving thirty (30) days written notice. In either instance, the GOVERNMENTAL BODY shall be paid for the value of all authorized and acceptable work performed prior to the date of termination, based upon the payment terms set forth in the Agreement. D. Location of Service. Service to be performed by the GOVERNMENTAL BODY shall be performed as described in Part 5. E. Ownership of Documents/Title to Work. All documents, data and records produced by GOVERNMENTAL BODY In carrying out GOVERNMENTAL BODY's obligations and services hereunder, without limitation and whether preliminary or final, shall become and remain the property of the DEPARTMENT. The DEPARTMENT shall have the right to use all such documents, data and records without restriction or limitation and without additional compensation to GOVERNMENTAL BODY. All documents, data and records utilized in performing research shall be available for examination by the DEPARTMENT upon request Upon completion of the services hereunder or at the termination of this Agreement, all such documents, data and records shall, at the option of the DEPARTMENT, be appropriately arranged, indexed and delivered to the DEPARTMENT by GOVERNMENTAL BODY. F. Software. All software and related computer programs produced and developed by GOVERNMENTAL BODY (or authorized contractor or subcontractor thereof) in carrying out GOVERNMENTAL BODYs obligation hereunder, without limitation and whether preliminary or final, shall become and remain the property of both DEPARTMENT and GOVERNMENTAL BODY. The DEPARTMENT shall be free to sell, give, offer or otherwise provide said software and related computer programs to any other agency, department, commission, or board of the State of Illinois, as well as any other agency, department, commission, board, or other govemmental entity of any country, state, county, municipality, or any other unit of local government, or to any entity consisting of representatives of any unit of government, for official use by said entity. Additionally, the DEPARTMENT shall be free to offer or otherwise provide said software and related computer programs to any current or future contractor. The DEPARTMENT agrees that any entity to whom the software and related computer programs will be given, sold or otherwise offered shall be granted only a use license, limited to use for official or authorized purposes, and said entity shall otherwise be prohibited from selling, giving or otherwise Intergovernmental Agreement Page 10 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 offering said software and related computer programs without the written consent of both DEPARTMENT and GOVERNMENTAL BODY. G. Confidentiality Clause. Any documents, data, records, or other information given to or prepared by GOVERNMENTAL BODY pursuant to this Agreement shall not be made available to any individual or organization without prior written approval by the DEPARTMENT. All information secured by GOVERNMENTAL BODY from the DEPARTMENT in connection with the performance of services pursuant to this Agreement shall be kept confidential unless disclosure of such information is approved in writing by the DEPARTMENT. H. Reporting/Consultation. GOVERNMENTAL BODY shall Consult With and keep the DEPARTMENT fully informed as to the progress of all matters covered by this Agreement. I. Travel Expenses. Expenses for travel, lodging, or per diem maybe paid by the DEPARTMENT pursuant to this Agreement J. Indemnification. Unless prohibited by State law, the GOVERNMENTAL BODY agrees to hold harmless and indemnify the DEPARTMENT, and its officials, employees, and agents, from any and all losses, expenses, damages (including loss of use), suits, demands and claims, and shall defend any suit or action, whether at law or in equity, based on any alleged injury or damage of any type arising from the actions or inactions of the GOVERNMENTAL BODY and/or the GOVERNMENTAL BODY'S employees, officials, agents, contractors and subcontractors, and shall pay all damages, judgments, costs, expenses, and fees, including attorney's fees, incurred by the DEPARTMENT and its officials, employees and agents in connection therewith. K. Equal Employment Opportunities, Affirmative Action, Sexual Harassment. The GOVERNMENTAL BODY will comply With the Illinois Human Rights Act with respect to public contracts, including equal employment opportunity, refraining from unlawful discrimination and having a written sexual harassment policy. PART 5 SCOPE OF SERVICE/RESPONSIBILITIES The Department will provide State Planning and Research (SPR) funds to the Governmental Body to conduct a Yorkville Integrated Transportation plan and Fox River Watershed. The study will address community transportation and its impact on economic opportunities, corridor development, public access and protection of the natural resources along the 20-square mile corridor encompassing Illinois Routes 34, 47, 71 and 126; Galena Road, Baseline Road, Caton Farms Road and Kennedy Road in the City of Yorkville; the Fox River and access to Interstates 1-55, 1-80 and 1-88. In order to accomplish this project, the Governmental Body will perform the following tasks: 1 . DATA COLLECTION AND ANALYSIS — The Governmental Body will collect data such as demographics, corridor statistics, traffic maps, orthophotos, land use, and other relevant Information from forest district and municipalities; conduct site visits; and evaluate the corridor's present condition. 2. PUBLIC INVOLVEMENT — The Governmental Body will conduct a series of open and continuous public meetings involving local, county and state officials, businesses, land developers, property owners, forest and waterway authorities, the citizens and other Intergovernmental Agreement Page 11 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 stakeholders to present the plan, gather inputs, identify and deliberate issues and formulate a context-sensitive-solution. 3. COORDINATION AND PARTNERSHIP — The Governmental Body will coordinate with the Kendall County Highway Department and the Departments District 6) Office on its plan for road capacity assessments, zoning changes, walking and bicycle paths; establish partnership with waterway authorities, adjacent communities, Kendall County Forest District and the Illinois Department of Natural Resources (IDNR) on its plan affecting the Fox River, wildlife and wetlands; coordinate with land developers on land use management. 4. CONCEPT DEVELOPMENT — The Governmental Body will assess the performance and effectiveness of existing transportation plans; develop speck plans for non-vehicle access, "bike-friendly" streets, pathways and parking areas; enhance land-use design in target Corridor including complementary amenities; recommend changes to zoning codes and sign standards; promote the preservation of open space; and build multi-faceted transportation guidelines and policies. Deliverables: final reports and presentations consisting of the following: 1. City of Yorkville Integrated Transportation plan and Fox River Watershed. 2. Downtown streetscape and pedestrian design. 3. Maps and Graphics. The Governmental Body will provide a copy of the final report to the Department and will provide, upon request copies of any work products prepared through this Agreement. PART COMPENSATION FOR SERVICES PARTICIPATION: FEDERAL FUNDING THROUGH DEPARTMENT STATE PLANNING AND RESEARCH (SPR) FUNDS $ 81 ,600 80% DEPARTMENT STATE FUNDS $ 10,200 10% FUNDING THROUGH GOVERNMENTAL BODY 1$ 0.200 10% TOTAL $102,000 100% Intergovernmental Agreement Page 12 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 PART 7 AGREEMENT AWARD NOTIFICATION REQUIRED FOR ALL PROJECTS Does this project receive Federal funds? ® Yes ❑ No Amount of Federal funds: $81 ,600 Federal Project Number SPR-PL 3000(37) CFDA Number* 20.205 Federal Agency Federal Highway Administration Program Title IL Highway Planning Research Program Amount of Federal funds: $0 Federal Project Number. CFDA Number* Federal Agency Program Title Description: Yorkville Integrated Transportation Plan and Fox River Watershed *For CFDA (Catalog of Federal Domestic Assistance) Number, refer to original Federal Award/Grant Agreement. ANNUAL CERTIFICATION FOR COMPLIANCE WITH FEDERAL OMB-CIRCULAR A-133 NOTE: ANNUAL COMPLIANCE WITH THIS REQUIREMENT IS MANDATORY FOR EVERY YEAR IN WHICH THE DEPARTMENT REIMBURSES COSTS FOR THIS PROJECT TO ANY STATES LOCAL GOVERNMENTS OR NONPROFIT ORGANIZATIONS. FAILURE TO COMPLY WITH THE ANNUAL CERTIFICATION TO THE DEPARTMENT WILL RESULT IN THE SUSPENSION OF PAYMENTS TO REIMBURSE PROJECT COSTS, in accordance with OMB Circular A-133, Audits otStates, Local Govemments, and Non-Profit Organizations, such non-federal entities that expend $500,000 or more in federal awards in a year are required to have a single audit performed in accordance with OMB Circular A-133. The Illinois Department of Transportation (IDOT) is required by Federal law to obtain and review the single audit of all entities that had any Federally participating funds pass through it, irrespective of the amount provided by IDOT. It is the responsibility of the agencies expending Federal funds to comply with the requirements of OMB Circular A-133 and determine whether they are required to have a single audit performed. Intergovernmental Agreement Page 13 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 In order to comply with this requirement, your agency must provide the following information to the Department on an annual basis for every year in which you receive reimbursement from the Department for costs associated with this project: 1 . If your agency expended $500,000 (or the current OMB Circular A-133 qualifying amount) or more in federal awards from all sources, including other agencies, in a year, you are required to have a single audit performed in accordance with OMB Circular A-133 and submit a copy of the report to the Department within the earlier of 30 days after completion of the single audit or no more than nine months after the end of your fiscal year end. This is an annual requirement for every year in which you receive payments to reimburse costs for this project. 2. If your agency did not expend $500,000 (or the current OMB Circular A-133 qualifying amount) or more in federal awards from all sources, including other agencies, in any fiscal year for which you expend payments from the Department for reimbursement of project costs and were not required to conduct a single audit, You must complete and return the certification statement on the following page. This is an annual requirement for every year in which you receive payments to reimburse costs for this project. 3. If your agency receives multiple awards from the Department, only one annual submittal of this information is required. Please submit a copy of your OMB Circular A-133 single audit or the Single Audit Not Required Certification to: Illinois Department of Transportation Audit Section, Rm. 124 2300 South Dirksen Parkway Springfield, IL 62764 Attn: Julie Brooks The single audit must be comprised of four parts. You have the option of including the four parts in one report or a combination of reports. The four parts are commonly known as: 1 . Comprehensive Annual Financial Report (Financial Statements). 2. Schedule of Expenditures of Federal Awards and Independent Auditor's Report thereon. 3. Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and other matters based on an Audit of Financial Statements performed in accordance with Government Auditing Standards, 4. Independent Auditor's Report on Compliance with Requirements Applicable to each Major Program and on Internal Control over Compliance in accordance with OMB Circular A-133. Additional information which should be submitted: 1 . Corrective Action Plan(s), if applicable. 2. Management Letter, if applicable. 3. Status of Prior Year Findings, is applicable. For your convenience, you may also submit the information via email to Julie Brooks at Julie.Brooksftillinois.gov or via fax at 217/785-7624. If you have any questions, please contact Julie Brooks or me at 217/782-5148. Intergovernmental Agreement Page 14 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 Single Audit Not Required w«ice, ON of yon kv.itC I certify that _did not expend $500,000 or more in federal awards in our fiscal year and was not required to have a single audit conducted. t `r (Signature) (Title) Subrecipient Contact Information Subrecipient: City of Yorkville Contact Person: U�Lyte; wu—,fin Title: c„y " IIN ke Ttnz Address f�cC7 C1'�4e rA4W 0'01 Phone No. ( y � z5S YC ytiKE IL V Fax No. (� � sS3 3�I3tp Fiscal Year End: Ac SL 3b Email address: ( rnI12� @ycti'kyille_il . S Intergovernmental Agreement Page 15 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 0 C/py Reviewed By: Agenda Item Number J� u T Legal E] L, EST. 1836 Finance F-1 Engineer El En -�� Tracking Number 9 n City Administrator ❑ .V `�O Consultant El. EDC 2008-29 E Parks and Recreation F-1 Agenda Item Summary Memo Title: Amendment to Ordinance 2005-11 —Building Code Section 503.1.5 Meeting and Date: City Council—July 8, 2008 Synopsis: Amendment to remove three story restriction for frame structures. Council Action Previously Taken: Date of Action: Feb. 8, 2005 Action Taken: Amendment to 2000 Intemational Building Code re:building height and construction type. Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: Amendment to the International Building Code was made by the City of Yorkville to require four story buildings to be of Type I (noncombustible construction only) construction. This amendment was made due to the limitations of the Bristol Kendall Fire Department based on the lack of proper fire equipment at that time to protect a building over three stories in height. Since 2005, BKFD has acquired the proper equipment and the need for this amendment no longer exists. The City Building Department has recently received an application for a four story building(Hampton Inn) which would prefer to avoid constructing a building of Type I construction. Staff researched the amendment and presented the proposed amendment to the BKFD June 19, 2008 —BKFD supported the proposed amendment to 2005-11. STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. 2008- AN ORDINANCE AMENDING ORDINANCE NO. 2005-11 WHEREAS, Ordinance No. 2005- 11 amended the International Building Code (2000 Edition) and the International Fire Code (2000 Edition), published by the International Code Council. ; and, WHEREAS, the Mayor and City Council, have, after careful consideration, determined it to be in the best interests of the United City of Yorkville to further refine the changes made by Ordinance No. 2005- 11 . NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the text of Ordinance No. 2005- 11 be amended as follows: Section 1 . Section 503 . 1 .5 of the International Building Code (2000 Edition) be deleted and the following inserted in its stead: "Section 503. 1. 5 Four-, Five-, and Six-Story Buildings. Regardless of use, all four-story buildings shall be of Type IIIA, Type IV, or Type VA construction; and five-story or six-story buildings shall be Type I or Type II construction in accordance with Table 601 and the International Fire Code. " Section 2. That the City Clerk shall certify to the adoption of this Ordinance, and cause the same to be published as required by law. 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. ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS BOB ALLEN 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