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Economic Development Packet 2008 04-03-08 Co.o United City of Yorkville J '`� 800 Game Farm Road EST. �Z 1836 Yorkville, Illinois 60560 4 -� Telephone: 630-553-4350 �A Cotlmv seas p� Fax: 630-553-7575 Kentlall County 'LE AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Thursday, April 3, 2008 7:00 PM City Hall Conference Room Presentation: Minutes for Correction/Approval: March 6, 2008 New Business: 1. EDC 2008-13 Monthly Building Permit Report for February 2008 2. EDC 2008-14 Monthly Plan Commission Report for March 2008 3. PC 2008-04 Yorkville Town Center— Raycorp PUD Amendment and Rezoning Request 4. EDC 2008-15 MPI — Second Bond Issuance for Grande Reserve `Central Portion' and Refinancing 2004 Bonds 5. PC 2008-02 Special Use Zoning Ordinance Amendment for Financial Institutions and Drive Through Facilities Old Business: 1. EDC 2008-12 Economic Incentive Policy— Discussion 2. EDC 2007-38 Sign Ordinance — Update 3. EDC 2007-50 Integrated Transportation Plan — Request for Proposals Additional Business: UNITED CITY OF YORKVILLE WORKSHEET ECONOMIC DEVELOPMENT COMMITTEE Thursday, April 3, 2008 7:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. March 6, 2008 ❑ Approved ❑ As presented ❑ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2008-13 Monthly Building Permit Report for February 2008 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2008-14 Monthly Plan Commission Report for March 2008 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. PC 2008-04 Yorkville Town Center—Raycorp PUD Amendment &Rezoning Request ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. EDC 2008-15 MPI— Second Bond Issuance for Grande Reserve `Central Portion' and Refinancing 2004 Bonds ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. PC 2008-02 Special Use Zoning Ordinance Amendment for Financial Institutions and Drive Through Facilities ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2008-12 Economic Incentive Policy—Discussion ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2007-38 Sign Ordinance - Update ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2007-50 Integrated Transportation Plan—Request for Proposals ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- Page 1 of 3 DRAFT UNITED CITY OF YORKVILLE ECONOMIC DEVELOPMENT COMMITTEE Thursday, March 6, 2008, 7pm Council Chambers In Attendance: Committee Members Chairman Jason Leslie Alderman Gary Golinski Alderman Joe Besco Other City Officials: City Administrator Brendan McLaughlin Community Development Director Travis Miller Other Guests: Tony Scott, Kendall County Record Shaina Busch Mike Skinner, ZBA Tim Gerk, Kendall Citizens for Farmland Gregg Ingemunson, Attorney Janice Hill, Kane County-Kendall Citizens The meeting was called to order by Chairman Jason Leslie at 7:OOpm. Presentation 1. Kendall County Farm Protection Presentation by Tim Gerk Tim Gerk, Chairman of Kendall Citizens for Farmland Protection and Janice Hill, Manager of the Kane County Farmland Protection Program were in attendance to present a program on farmland protection. Their groups endorse "smart growth"while protecting farmland. As a result of their efforts, a farm protection ordinance has been put in place. Mr. Gerk said 2000-3000 acres of productive farmland are being lost to development each year in Kendall County and groundwater is also being affected. Ms. Hill focused on zoning and planning and how they can protect farmland. She said a program has been developed in Kane County called"Purchase of Development Rights" whereby the County buys the development rights and the property stays agricultural. "Cluster zoning"brings about voluntary easements from a landowner and in Kane County, there are 32 farms protected in this way. Currently, there is proposed legislation in Springfield regarding funding. Chairman Leslie commented that one of the greatest challenges to preservation is the farmer selling the land at a high price and that the focus needs to be placed here. The program is completely voluntary and the farm prices remain at "ag value". Page 2 of 3 New Business: 1. EDC 2008-10 Monthly Building Permit Report for January 2008 Travis Miller said the City is reviewing permits on a quarterly basis and he anticipated 400-500 units in January with 10 residential permits and 6 commercial permits in February. (Out of order) Minutes for Correction/Approval: February 8, 2008 The minutes were approved as read. 2. EDC 2008-11 Monthly Plan Commission Report for February 2008 Miller said there would be Public Hearings for the Hattner Trust and Jake Land Group this month. It was noted the Jake Land Group changed their age restrictions. 3. PC 2007-24 Kalant Property—Rezoning Request(R-2 to B-2) A new Public Hearing was recommended due to lack of notification to nearby residents. Miller said the Plan Commission had voted against approval of this petition due to concerns about Rt. 47 traffic and B-2 zoning intensity. Besco commented on concerns for parking and said that any change would need to be low impact. Two objections had been received. Attorney Gregg Ingemunson said that park events and the nearby church generate more traffic than the proposed business. A suggestion was made to table the issue until all issues can be re-examined and Besco asked for time for residents' comments. Victoria Coveny and Michelle Cullen spoke out against allowing a business at the subject location. A letter from the Doug Pierson family at 103 W. Center St. also asked the committee to deny the zoning request. (See letter). Miller said the City Attorney advised the City to redo the Public Hearing. There was also discussion as to legal ramifications if the zoning were to be reversed. It was noted that although letters were not sent, the legal notice was published. Chairman Leslie recommended tabling the matter for a month to present it to staff and ask the petitioner's help in finding a resolution. A discussion was then held on the proper rules for handling this petition moving forward. In conclusion, Attorney Orr's opinion will be requested and the matter will move to the March 25th City Council without a committee recommendation. 4. EDC 2008-12 Economic Incentive Policy—Discussion The policy was approved in 2005 as a policy/guide according to Miller and was brought back to this meeting for evaluation with consideration of surrounding communities. He said there have been many stand alone agreements since that time. He provided brief information about some nearby towns' policies. Besco suggested incentives to offset leases in empty storefronts to promote job creation. This could extend to industrial and commercial. Golinski and McLaughlin said that at some point, the incentives must be reduced. YEDC will be asked to give a future presentation with input from business owners. Page 3 of 3 Old Business: 1. EDC 2007-38 Sign Ordinance—February 15, 2008 Workshop Meeting Summary Mike Skinner of the Zoning Board of Appeals gave an update on the revised Sign Ordinance. He said smaller stores need the same opportunities for signage as larger companies that the City is trying to attract. He said many of the past PUD's have allowed very large signs, while local businessmen were recently denied their requested signs. The guidelines for electronic message boards were also discussed. Mr. Miller said he will draft a revised draft of the Sign Ordinance by next month. He added that signs already in place would be grandfathered in, however, incentives might be offered for new signage in order to be ordinance-compliant. 2. EDC 2008-06 Draft Millbrook Boundary Agreement-Discussion Alderman Besco and Golinski expressed their concerns regarding the recent Montgomery agreement and the fact that landowners were not allowed input before a decision was reached. Because of that, it was requested that the Millbrook decision be delayed at this time. Golinski asked what the advantage would be for Yorkville to have the Millbrook agreement. No further action will be taken on this matter in this committee. 3. EDC 2008-08 Policy for Legal Fees Paid by City for Annexation Agreements Besco said he wished to add verbage to item#2- it must be demonstrated"by petitioner" that there would be a"major" economic benefit to City. Alderman Besco said that as an Alderman, it is difficult to explain to his constituents why a certain property is being annexed if it is far from the City. Golinski said that sometimes there could be reasons other than economic, why a certain parcel would be annexed. The policy will be revised and brought to the City Council consent agenda on March 25th It will also be subject to legal review. 4. EDC 2007-53 Comprehensive Plan —Planning Area Discussion Miller said direction had been given at a previous meeting to arrange a meeting with Platteville to discuss a southern boundary and discuss the Comp Plan. It was suggested that this be taken to City Council for discussions on how to structure the meeting. Additional Business: Alderman Golinski said an open house to discuss the Comp Plan had been held at the Library the previous night. About 70 citizens attended along with City staff and comment forms were available for feedback. There was no further business and the meeting adjourned at 9:07pm. Minutes by Marlys Young, Minute Taker HrW LM 1�J� Q N N ti O O H b V1 v1 �"� A7 P b N O 6o U VI b VI L Ni Yf P .� ti � N N A ti P Ni h N Yf Vf A Y3 N3 d] H C � � 0 U m 0 F S 0 v W b C O O O O O O O O O O O O O O a a ti VI m m N N Po C4 v a `o g ti y n 3 C-1 O u �y 44 b �; i V M d £ K ry G Q ! Y C y e` i 4 ° s o OR 0 'e E y E v ° 4 O L a � v O � ° d 0 o e o O '° 9 u m t A u a A � ,� � � •� � � o u y � v C New-guS106% 410? EbC aoo8- ICI = a o Memorandum To: EDC/City Council EST. 7836 From: Travis Miller, Community Development Director CC: Brendan McLaughlin,City Administrator Ie 9 p Lisa Pickering,Deputy Clerk ��'� Date: March 13,2008 kE Subject: Plan Commission Actions March 12,2008 PC 2008-04 Raycorp-Rezoning (R-2 Duplex to PUD)and Concept PUD Request - Motion to recommend rezoning to PUD classification subject to addressing staff comments and the following items in the amended PUD Agreement: • Provide access to the property to the south(Pottinger); • Require development to adhere to the `dark sky' requirements for parking lot lights and building lights; • Provide a minimum of two points of ingress/egress to the property, including one across property to the east(Hughes); • Require improvements of Route 71 to include dedicated turning lanes at the entrance in the event IDOT does not require; 8 ayes; 0 no - Motion to recommend approval of the Concept PUD Plan subject to staff comments. 8 ayes; 0 no PC 2008-03 Text Amendment to Chapter 14 Section 10-14.7 (B)2. of the Yorkville Zoning Ordinance:Application procedures/requirements - Motion to continue this public hearing to April 9,2008 Plan Commission meeting. 8 ayes; 0 no PC 2008-02 Text Amendment to Chapter 7 Article A of the Yorkville Zoning Ordinance: Adding banks, credit unions and savings and loan associations and drive through facilities as Special Uses in the O Office Zoning District. - Motion to recommend approval of the text amendment as presented by staff. 8 ayes; 0 no ,SO'D C►p Reviewed By: Agenda Item Number d"' Legal El E5r 1836 Finance ❑ Engineer El--�--� Tracking Number City Administrator ❑ �v Consultant ❑ PC 2008-04 ALE �'� F-1 Agenda Item Summary Memo Title: Yorkville Town Center—Raycorp PUD Amendment and Rezoning Request Meeting and Date: EDC, April 3, 2008 Synopsis: Request to Amend PUD Agreement, Rezone to PUD zoning and approval of Concept PUD Plan Council Action Previously Taken: Date of Action: March 25, 2008 Action Taken: Public Hearing Conducted Item Number: Type of Vote Required: majority Council Action Requested: approval Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: ch- United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 y Telephone: 630-553-4350 Fax: 630-553-7575 PC# APPLICATION&PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT,ZONING OR SPECIAL USE REQUEST Development Name: Yorkville Town Center. Date of Submission: February 1,5;1,, 2008 Requesting: a Annexation Zoning Planned Unit Development a Special Use: 1. Name of Petitioner(s): Raycorp, Inc. Address: 16345 S. Harlem Ave. Suite 4 SW Tinley Park IL 60477 Phone Number: 708-429-6644 Fax Number: - - EmallAddress: jimbLraycorpinc.net Relationship of Petitioner(s)to subject property: 4COwner 0 Developer []Contract Purchaser 2. Name of holder of legal title, if different from#1: Villas at the Preserve Raycorp, Inc. If legal title Is held In a Land Trust, list the names of all holders of any beneficial interest therein: 3. a). (1), Street address and physical location of subject property: 10312 Rt 71 Yorkville IL 60560 1 4 mile west of the intersection (?f �t�te oa,ds g parcels: on the south side of Rt 71 1 , oning of surrolhldin North: B3 -- South: County Agricultral. East: B3 West: County Agricult:ral b). Legal description of property; attach as Exhibit"A". c). Total Acreage: d). Kendall County parcel Number(s)of property: 05-08-201-002 & 05-05-400--010 e). Current Zoning Classifcation:Yorkville R-2 Duplex Two-Family Residence PVD District f). Zoning Classification Requested: wort yJA I n -3 Hi gb ay Business = s g). Is this property within City limits? XX Yes No, requesting annexation Page 1 of 5 United City of Yorkville Annexation,PUD,Zoning,5pecial Use Application Revised: 11/28/06 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit"B". 5. List all governmental entities or agencies required to receive notice under Illinois law: 6. List the Illinois Business Tax Number(IBT#)for the State of Illinois and names of businesses located on subject property to be annexed: 7. Does a flood plain exist on the subject property? S. Do Electors reside on the subject property? if so, they must execute this petition to annex. (Electors as defined by Illinois Law Is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status.) 9. Contact Information: Name,address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Tony Graff, Graff Management & Development, LLC 1334 Walsh Dr. Yorkville, IL 60560 P 630-689-9217 f 630-553-3270 email graffmd @aol.com Attomey: Name: Schain Burney, Ross & Citron Ltd. attn Robert Kenny Address: 222"N. LaSalle St. , Suite 1910 Chicago, TL 60601 Phone Number: 119-312-09-00 - Fax Number: 112-3'32-4514 Emall Address; r'k enny@schainlaw.com Engineer: Name; MeritCorp, PC attn James Meier Address: 20 S. Main St. ,_Oswegog IL 60543 Phone Number: 610 »554-6655 Fax Number; Win-554-7788 Email Address; info@merit-corp.com Land Planner: Name:MeritCorp, PC attn James Meier Address: 20 S. Maim St. , 0 we go, IL 60543 Phone Number: 630-554--665.5 __ _ Fax Number: - EmallAddress; info @merit-corp.com Page 2 of 5 United City of Yorkville Annexation,PUD.Zoning,Special Use Application Revised: 11/28106 10. 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. Approprlate filing fee(Please refer to page 4 of this application to"Petitioner Route, Step 1, Fees"and/or contact the Deputy Clerk for verification of this amount). c. Concept or Preliminary Site Plan: 40 sets folded to fit in a 10"x 13' envelope, d. One CD containing one electronic copy(pdf)of each of the signed application (complete with exhibits)and site plan. In witness whereof the following petitioners)have submitted this application tinder oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Date: FebruarX 15.L 200$ P tioner(s) natur I property owners signatures must appear on this application.) Subscr' fore me this / day of Februar 200 8d,_ l SHERRtE A.MARROTTA INOTRRY ptlt3t tC;SrAls W It7� THIS APPLICATION MUST BE NOTARIZED, Page 3 of 5 United City of Yorkville Annexation,pUD,Zoning,Special Use Application Revised: 11/28106 ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST PETITIONER ROUTE Step 1. Petitioner must submit a completed application, fees*and all pertinent materials to the Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner Is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S.Army Corps of Engineers, etc., to allow timely review by City. *t=ees: a. Annexation or Annexation and Rezoning-$250 plus$10 per acre for each acre over 5 acres b. Rezoning only-$200 plus$10 per acre for each acre over 5 acres c. Special Use-$250 plus$10 per acre for each acre over 5 acres d. Engineering Review Fees-1.25% of the approved engineer's estimate of cast of all land improvements,to be determined by City Engineer. e. Planned Unit Development fee-$500 f. Engineering Review Deposit-up to 1 acre=$1,000; over 1 acre but not over 10=$2,500 over 10 acres, but not over 40=$5,000 over 40 acres, but not over 100=$10,000 over 100 acres=$20,000 g. Deposit for Outside Consultants-under 2 acres=$1,000 2 to 10 acres= $2,500 over 10 acres= $5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs,public hearing costs including a written transcription of public hearing and outside consultant costs(i.e, legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly,they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. //fate: You must present your plan at each of the meetings below as indicated. Step 2: Plan Council• The Plan Council meets the 2nd and 41h Thursday of the month at 9:30 a.m.in the City Administration Office. Upon recommendation by the Plan Council,you will move forward to the Plan Commission Meeting. Attendees to this meeting include: City Administrator,Community Development Director,Sanitary District Director, City Engineer, Building Department Official,Emergency Medical Rep, Public Works Director, Director of Parks and Recreation, Fire Department Rep,and Police Chief. Step 3: Park Board Planning Meeting: The Park Board makes recommendations on any Park Sites included In residential developments. The Park Board Planning Meeting is the fourth Thursday of each month at 7:00 p.m.at the Riverfront Building, 301 E. Hydraulic Street. Step 4: Plan Commission: The Plan Commission meets the second Wednesday of each month at 7:00 p.m.in the Council Chambers at City Hall. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor,the City Attorney and City Land Planner. A Public Hearing will be held at this time for the Annexation Agreement and/or Rezoning request or Special Use request. Notice will be given by publication by the United City of Yorkville In the Kendall County Record and certified mail by the Petitioner to adjacent property owners within 500 feet of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the City Clerk's office containing the names, addresses and permanent parcel numbers of all parties that were notified. Page 4 of 5 United City of Yorkville Annexation,PUD,Zoning,special use Application Revised; 11128106 Step 5-only required for annexation agreements or PUD agreements: City Council public hearing: The City Council meets the fourth Tuesday of the month at 7:00 p.m.in the Council Chambers at City Hall. A Public Hearing will be held at this time for the Annexation Agreement and/or Planned Unit Deve[opment Agreement. Notice will be given by publication by the United City of Yorkville In the Kendall County Record. A certified mailing to surrounding landowners is not required for this public hearing. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Step B. Economic Development Committee and Committee of the Whole: The Economic Development Committee and Committee of the Whole meets the third Tuesday of the month at 7:00 p,m, in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 7, City Council: The City Council meets the fourth Tuesday of the month at 7:00 p.m. in the Council Chambers at City Hail. This Is where all City Council voting takes place. Agreement: I understand and accept all requirements,fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original(retaining a copy for y=gnat'�.fp GI United City of Yorkville, 800 Game Farm Road,Yorkville, Illinois 60560. Date, I b-�aar 15, 2008 ioner Page 5 of 5 United City of Yorkville Annexation.PUD,Zoning,5peoiai Use Application Revised: 1 VN106 NSA 11'rCIPININ Anco 16345 S.Harlem Avenue,Suite 4-S.W.+Tinley Park,IL 60477 Phone(708)429-6644 Fax(708)429-6686 EXHIBIT A Legal Description of Property THAT PART OF THE SOUTHEAST % OF SECTION 5 AND THAT PART OF THE NORTHEAST 1/ OF SECTION 8, TOWNSHIP 36 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS;COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 6 AS SHOWN BY A PLAT RECORDED IN PLAT BOOK 3 ON PAGE 65; THENCE SOUTHWESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 6 AND THE NORTHERLY LINES OF LOTS 7 AND 8 AS SHOWN ON SAID PLAT, 609.27 FEET;THENCE NORTHERLY, ALONG A LINE WHICH FORMS AN ANGLE OF 48 DEGREES 47 MINUTES 08 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM)967.66 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 71 FOR A POINT OF BEGINNING;THENCE SOUTHERLY ALONG THE LAST DESCRIBED COURSE, 967.66 FEET TO THE NORTHERLY LINE OF SAID LOT S;THENCE SOUTHWESTERLY ALONG THE NORTHERLY LINE OF LOT 8 AND THE NORTHERLY LINES OF LOTS 31 AND 10 OF SAID PLAT, 882.61 FEET TO THE EASTERLY LINE OF A 10 ACRE TRACT RESEVED IN A WARRANTY DEED FROM SILAS AND THANKFUL DYER, HUSBAND AND WIFE,TO CLEMENT DYER AND RECORDED IN BOOK 30 AT PAGE 545 ON MARCH 23, 1870,AND THEN CONCONVEYED TO GEORGE W. HARRIS BY WARRANTY DEED RECORDED IN BOOK 32 AT PAGE 90 ON DECEMBER 3, 1870;THENCE NORTHERLY ALONG SAID EASTERLY LINE, WHICH FORMS AN ANGLE OF 62 DEGREES 23 MINUTES 19 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM), 1545.38 FEET TO SAID CENTER LINE OF ILLINOIS ROUTE NO. 71; THENCE EASTERLY ALONG SAID CENTER LINE, 1028.91 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP,KENDALL COUNTY, ILLINOIS Yorkville Town Center Proposed Commercial Concept PUD Narrative Summary Neighborhood Retail Center RT 71 & Walsh Drive 23 +/- acres (03/05/08) Explanation of the General Character of the proposed PUD It is the stated goal of the"2005 Comprehensive Plan Update,Southern Study Area" ("Comprehensive Plan") that commercial land uses in the southern study area, in which this property is located, are intended to promote market-sensitive development of commercial uses within strategically located areas to efficiently,effectively, and conveniently serve the growing local population. The subject property is located proximate to the Route 47/Route 71 intersection. That intersection is developing as a commercial node for the southern portion of Yorkville located south of the river. Whereas,it was originally anticipated that the subject property would be an excellent transition development between the Forest Preserve and the commercial at the immediate corner of Route 47 and 71, the market has clearly dictated otherwise. The subject property is identified as a Transitional Neighborhood land use in the Comprehensive Plan. The Transitional Neighborhood land use contemplates a medium density residential setting which is part of a mix of residential uses within a master planned community. "These master planned communities can have neighborhoods of varying densities, open spaces and carefully integrated commercial uses... Transitional Neighborhood can be designed to provide intermediary space between lower density residential areas and non-residential areas allowing greater flexibility of development adjacent to areas subject to development pressures." Clearly Raycorp,Inc. attempted to build a project in accordance with the Comprehensive Plan. Raycorp sought and obtained final approval of the Villas at the Preserve medium density residential project. Raycorp constructed a model building and commenced an aggressive marketing campaign for over 1-1/2 years,including the construction of a model building to enhance the marketability of the project. What,in retrospect may have been lacking,was the fact that this property was not part of a larger master planned community. Where a mix of residential densities can exist and thrive in a master planned community; at this location, a single residential product did not. The market has clearly spoken: residential use on the last privately held property between the Route 47/71 intersection and the forest preserve property will not work. However,in reviewing the general area surrounding the property and in reviewing the commercial uses existing to serve the southern portion of the Yorkville community, it is clear that an anchored retail center will enhance the immediate area as well as the nearby community of southern Yorkville. Raycorp has focused its sights on a grocery store anchor for the project. Nearby residents have welcomed the thought of a grocery store south of the river. The balance of the commercial uses to be pursued will be retailers and other commercial users that do not presently serve the southern community of Yorkville. It is suggested that the subject property is a large enough commercial parcel to provide for an anchor tenant. The anchor tenant will be the difference between a more typical strip retail center that may experience vacancies from time to time, and retail space adjacent to the anchor that is able to feed off the anchor tenant's business. It is also expected that once the anchor tenant is up and operating, that the vacant commercial property located directly across Route 71 will benefit and will be able to be constructed and fill its stores. It is recognized that Route 71 is identified as one of the City's "gateway corridors". As such,Raycorp recognizes that compliance with the City's existing landscaping plan will be a crucial tool to enhance the Route 71 corridor. Raycorp has agreed to continue the bike trail system across the property's right of way (in compliance with IDOT requirements) to provide easy access to the adjacent Forest Preserve property. Raycorp also recognizes the benefit of Design Guidelines as set forth in the Appearance Code. Although the residential model building currently exists on the property,that building will be demolished if the B-3 zoning and Planned Unit Development are granted,and as such,the property will either meet or exceed the Building Design Guidelines for Unbuilt Sites. (See Chapter 15 Appearance Code.) Raycorp has had numerous conversations with the property owner to the east of the subject property (Hughes). Mr. Hughes and Raycorp understand the importance of integrating a commercial development across both properties.Similarly,Raycorp has discussed development integration with the Pottinger family to the south of the property. Discussions centered on shared access to Route 71 and Route 47 and shared easements for utilities and drainage. Raycorp is committed to working with the Pottinger and Hughes families to integrate,in the way most beneficial to all owners and the City, given the limitations of the topography of the properties. Finally,Raycorp has discussed the commercial development plans with the Forest Preserve. While the Forest Preserve is not interested in purchasing the subject property,Raycorp has offered and the Forest Preserve is interested in acquiring title (via transfer,assignment or sale) to what will be the southern triangle of the property which may consist of up to 3.5 to 4 acres. Raycorp has agreed to work with the Forest Preserve to screen the commercial buildings that will back up to the Forest Preserve on the west side of the property with berming and landscaping (such as conifer trees) to compliment the Forest Preserve,while other screening methods will be used along the balance of the west side of the subject property. Raycorp also agreed to install"night sky" lighting to minimize the glare experience on the Forest Preserve property to the west. One of the clear benefits from commercial development on this property is the expectation that the commercial development will warrant a traffic signal at the property's sole Route 71 access point which lines up with Walsh Drive across from the subject property. This traffic light will not only benefit traffic movements to and from the site onto Route 71,but also it will substantially enhance the safety and security of the residents in Sunflower Estates and Greenbriar Subdivisions who now have to negotiate 2 the hazards of the existing Greenbriar Road/ Route 47 and Walsh Drive/ Route 47 intersections that are not protected by a traffic signals at this time. A. Description of all land uses to be included in such district (including open space) with percentages of each use. The proposed PUD shall only consist of commercial uses. It is anticipated that the anchor retail tenant will comprise approximately 50% of the total square footage of the site (approximately 60,000 to 65,000 sq ft). Supporting in-line retail and outlots will make up the balance of the project. Raycorp is requesting as part of the Annexation Agreement and Planned Unit Development Agreement amendment, the right to up to at least four drive-through windows for the commercial users and at least one bank on an outlot. The detention pond is proposed to be located in the northwest corner of the property to provide further buffering to the Forest Preserve. B. Projected Densities for each Residential Use. As this project will be entirely commercial,this matter is not applicable. C. A Description of the Development Standards and Design Criteria Applicable to the Proposed Planned Unit Development. The Commercial project shall meet or exceed the Development Standards and Design Criteria contained in the City Codes, except as modified by the"First Amended Annexation Agreement and Planned Unit Development Agreement." D. An Outline Describing Why the Property Should be Developed as a Planned Unit Development. The Owner originally applied to rezone the Subject Property to B-3 in an effort to facilitate the marketing of the subject property for commercial uses. It was anticipated that at such time as a viable user was identified,then that user would obtain site plan or planned unit development approval. This strategy was originally pursued because the Owner has no current user for the property. However,Staff requested that we include a request for PUD with our application,which we have agreed to do. Therefore,we are also seeking Concept PUD approval for commercial use in the B-3 zoning district for the subject property. Given the history of the property and given the discernible topography,it is thought that a Planned Unit Development will provide helpful controls for the Owner and for the City. E. Identification of the Conventional Zoning Classification Allowing the Uses for Each land use type Included. The underlying zoning district for this project will be the B-3 Business Service District, similar to the B-3 zoning located immediately adjacent to the east of the subject property and located immediately across Route 71 from the subject property. F. A List of requested Exceptions to Applicable City Ordinances and Codes. 3 At this Concept PUD stage,the following requests for waivers are being requested: 1. Modification in the 30' buffer distance from the detention pond to allow an access road within the 30' area. 2. Private Roads within the development. 3. Modification of requirements required due to the property's topography. 4. Bike trail in the State Right of Way in accordance with IDOT standards. 5. Minimum of one freestanding bank. 6. Minimum of 4 drive-through windows. 7. Interior developable lots adjacent to private roads instead of the required public road standards as an allowance for building setbacks. 4 Memorandum 0 To: EDC Esr. lz _ _ leas From: Travis Miller CC: Lisa Pickering(for distribution) 0 . O� Date: March 27,2008 M.dAC-,Ty �= Subject: PC2008-04 Yorkville Town Center(Rezoning and PUD Agreement LI.E �v Amendment) PC 2008-04 Raycorp - Rezoning (R-2 Duplex to PUD) and Concept PUD Request Background The Plan Commission conducted a public hearing February 12, 2008 to consider a request to amend the zoning classification from R-2 Duplex to PUD and consider the Concept PUD Plan. The Plan Commission action was as follows: - Motion to recommend rezoning to PUD classification subject to addressing staff comments and the following items in the amended PUD Agreement: • Provide access to the property to the south(Pottinger); • Require development to adhere to the `dark sky' requirements for parking lot lights and building lights; • Provide a minimum of two points of ingress/egress to the property, including one across property to the east(Hughes); • Require improvements of Route 71 to include dedicated turning lanes at the entrance in the event IDOT does not require; 8 ayes; 0 no - Motion to recommend approval of the Concept PUD Plan subject to staff comments. 8 ayes; 0 no Findings Necessary for a Zoning Amendment shall be based on the following: a. Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. c. The suitability of the property in question to the uses permitted under the existing zoning classification. d. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. e. The impact that such reclassification and/or annexation will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976-43, 11-4-76) Comprehensive Plan Recommendations relevant to this site: • The Comprehensive Plan Land Use Plan for the property recommends Transitional Neighborhood. • The Comprehensive Plan identifies Route 71 as a"gateway corridor." Given this distinction, attention should be given to the landscaping along this route along with providing trail/sidewalk to connect into the surrounding properties. Staff Comments: Amended PUD Agreement: • Attached to this report is a draft First Amendment Annexation and PUD Agreement for Yorkville Town Center. Staff has reviewed this document and recommends the modifications as noted on the attached. Concept PUD: • A 10' wide pedestrian trail should be provided along the entire length of the property frontage that parallels Route 71. • A tree preservation plan shall be submitted, which shall include the location, species, and size of the existing trees on the site. • Site design shall be sensitive to existing trees and incorporate them into the landscape plan. • Due to the use of the proposed commercial area, including the service drive on the west edge of the property, it would be appropriate to increase the landscape buffer yard width, plant material amounts, and add a berm to sensitively develop the site to the Forest Preserve property to the west. • The detention area should be a naturalized basin. • Connection should be planned to the adjacent property to the south and incorporated into the site plan. • The narrative description should be modified to state the bank site is a maximum of one parcel and drive-thru facilities a maximum of 4. 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630 / 466-9350 FAX: 630 / 466-9380 wwwueeiweb.com Engineering Enterprises , Inc . January 15 , 2008 Mr. Joseph A. Wywrot, P . E . City Engineer United City of Yorkville 800 Game Farm Road Yorkville , IL 60560 Re: Yorkville Town Center Concept Plan Review United City of Yorkville, Kendall County, Illinois Dear Mr. Wywrot: We have reviewed following materials submitted for the above- referenced project : • Concept Plan for Rte . 71 & Rte 47 prepared by MeritCorp , P . C . consisting of one ( 1 ) sheet dated December 28 , 2007 • Application & Petition for Zoning dated December 28 , 2007 • Application & Petition for Concept Plan Review dated December 28 , 2007 GENERAL COMMENTS 1 . The proposed land use for this development , B-3 Highway Business , does not conform to the current Comprehensive Plan 's land use designation for this area . The Comprehensive Plan designates this area as Transitional Neighborhood which would seem more appropriate with Harris Forest Preserve lying immediately west of this proposed development . 2 . The existing P . U . D . Agreement for this property approves residential land use . The requested land use change would require an amendment to the P . U . D . Agreement. 3 . The name and address of the owner or developer should be should be shown on the Plan . 4 . The approximate dimensions and area of the parcel should be shown on the plan . Consulting Engineers Specializing in Civil Engineering and Land Surveying 5 . Complete topography and existing contours should be shown in this Plan . All existing wooded areas , wetlands , watercourses and drainage ways should also be shown as should existing buildings , existing utilities and proposed utility extensions . 6 . We know from previous reviews of this property that this site contains wetlands , drainage routes that bisect the property and areas where existing grades exceed normal design parameters . None of these features have been illustrated on the concept plan . Existing wetland areas are being shown as a developable out lot. No wetland mitigation areas are shown on the Plan . It does not appear that any of these factors have been considered during the preparation of this Concept Plan . 7 . Improvements to IL Route 71 fall under the jurisdiction of the Illinois Department of Transportation and will be required of the developer. It is expected that these improvements will include the installation of traffic signals at the entrance to the subdivision as depicted on the concept plan . 8 . Easements will be required to bring water and sanitary service to this parcel . Cross-access easements will also be required from the commercial property lying east of the subject parcel . SUMMARY If the proposed zoning for this property is deemed acceptable by the City, we recommend that the developer resubmit the concept plan , complying with the requirements set forth in the checklist found in Article 6. 01 . 01 of the United City of Yorkville's Subdivision Control Ordinance . Additionally, special attention should be given to the comments listed above . If you have any comments regarding the above or require any additional information , please feel free to contact our office . Sincerely, ENGINEERING ENTERPRISES , INC . C William E . Dunn , P . E . Senior Project Manager PC : Brendan McLaughlin , City Administrator Travis Miller, Community Development Director Charles Wunder, Urban Planner Annette Williams, Administrative Assistant Jim Brown , Raycorp , Inc. James Meier, MeritCorp P . C . JWF/DRM , EEI GAPublifforkvilleMOMY00802 Yorkville Town Ce rite r0oddwywrotConcept0l .doc t A if a i r do a tk �titti� �� s � .l��F t■ 10 r f w r • M+ � r��st � .di,. 1� may a Forest rve Prese �,"y Au t� AO~4 w1+AC�rltii a � w..-r eM. •tea'La-..` fry �.+'�.� .�.++.` ..'+•`.+.:�y.� r United City of Yorkville GIS .w�ryL 1 �•� 1� Provided . 03-05-08 to client 03-26-08 City Staff Review Comments THIS INSTRUMENT PREPARED BY AND RETURN TO: THE ABOVE SPACE FOR RECORDER'S USE FIRST AMENDED ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND RAYCORP,INC. DEVELOPER AND OWNER OF RECORD (YORKVILLE TOWN CENTER) WHEREAS, a Petition for Annexation, Rezoning, Planned Unit Development and Preliminary Plat Approval for the real estate legally described in Exhibit I attached hereto ("Subject Realty"),was previously filed with the United City of Yorkville,Illinois ("City") by the previous owners of the Subject Realty;and WHEREAS, the Plan Commission previously held a public hearing on said petitions in accordance with law and recommended approval thereof;and WHEREAS, the City authorized execution of, and did execute, an "Annexation and Planned Unit Development Agreement between the United City of Yorkville and Burnside Construction Company,Developer,and the Owner of Record" ("Prior Agreement")for the Subject Realty;and WHEREAS,subsequent to execution of the Prior Agreement,the previous owners sold the Subject Realty to Raycorp, Inc., who is the present owner and developer of the Subject Realty (hereinafter sometimes referred to as"Owner"and/or"Developer");and WHEREAS, earthwork, including stormwater ponds, was commenced on the site consistent with the preliminary engineering prepared to implement the development plan of the Prior Agreement but not completed by the Owner/Developer resulting in unresolved drainage problems in the Route 71 right-of-way; WHEREAS, wetland areas have been identified on the property; WHEREAS, improvements have been implemented to Route 71 which have benefited the Subject Realtyby reducing the amount of improvements necessary at time of development of Subject Realty; Deleted:WHEREAS,the market for WHEREAS,Owner has petitioned the City to consider a chan&e of zoning to Planned Unit residential units has drastically Development under the commercial B-3 district regulations to allow commercial uses on the changed from the time.the Prior p � Agreement was executed and given Subject Realty;and the number of residential units planned but not yet built in the WHEREAS a commercial development on this Subject Realty will provide the much greater Yorkville community the ' P Subject Parties agree that development of the needed commercial services to the Yorkville community jn the vicinity of the Subject Realty;and Subject Realty for residential purposes is no longer feasible or WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions reasonable'and¶ upon which the Subject Realty will be developed jn an orderly manner;and Deleted:located south of the river Deleted:in to the City WHEREAS, Owner and Developer and their representatives have discussed the proposed commercial Planned Unit Development zoning classification and have had a Public Hearing with the Plan Commission as to the proposed commercial Planned Unit Development classification and have had a Public Hearing with the City Council as to this First Amended Annexation and Planned Unit Development Agreement (the "Agreement"), and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. WHEREAS,the terms of that certain Prior Agreement shall be rendered void and replaced in its entirety by this Agreement;and NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained,the parties agree,as follows: Deleted:under Deleted:At such time as Owner ' obtains a developer to construct the ARTICLE I commercial uses on the Subject / Realty,said developer shall submit Iand the City shall approve a PLANNED UNIT DEVELOPMENT ZONING APPROVAL ' Preliminary Planned Unit Development application for that portion of the Subject Realty which is The Subject Realty shall be rezoned from The United City of Yorkville R-2 Duplex Two- proposed for development.q Family Residence Planned Unit Development District to the commercial Planned Unit '/ Comment[TM1]:This date should Development District} ilizing the B-3 Highway Business District regulations and the provisions of be revised with the submittal of the this Agreement. plan described at the Plan / Commission public hearing in March ARTICLE II -minus the gas station use- PLANNED UNIT DEVELOPMENT PLANS / otherwise a provision should be included addressing the gas station special use requirement. SECTION 1: APPROVED CONCEPT PLAN / Comment[TM2]:There are several outstanding items staff and the Plan The Concept Plan prepared by MeritCorp,PC,f with last revision date of December 28,2007L Commission have recommended to of which is attached hereto as Exhibit II Conce t Plan" has been reviewed b the Plan submitted.amended he the Concept Plan a copy (�/ p ) y submitted. These will need to be Commission of the City and is(hereby approved by the City as a part of this Agreement. At such addressed and the concept Plan resubmitted prior to this provision being acceptable. 2 time as a commercial user of the Subject Realty is obtained,said user and/or developer shall apply for a Preliminary 'Manned Unit Development and Final Subdivision Plan and Plat approval._ Deleted:and Final The Concept Plan is hereby deemed approved. Development within the Subject Realty shall be in substantial conformity with: 1) the Concept Plan as further revised in the preliminary and final planned unit development process; 2) 1l1 provisions of United City of Yorkville Deleted:applicable Municipal Code 3&and this Agreement. Development of the Subject Realtt conformity shall be in conformi Deleted:Subdivision Ordinance with applicable ordinances of the City, except as otherwise provided or specifically varied or limited in this Agreement,and in accordance with the additional procedures,definitions,uses and restrictions contained herein. SECTION 2: REVIEW AND APPROVAL OF PRELIMINARY AND FINAL PLATS AND PLANS A. Preliminary Plans. All review, approval and construction of work with respect to the construction of the and ' �rovements� the Developer shall be performed in conformity with Deleted:Public Section 2 of this Agreement, the Preliminary PUD Plan, the Preliminary Engineering Plan, and Deleted:I final PUD and final engineering drawings to be submitted to the City Engineer for review and Deleted:and to be approved by approval.Upon approval of the Preliminary Planned Unit Development by the City,the Developer shall prepare and submit to the City for approval by the City,a final plat of subdivision and final engineering for the Development.All approvals by the City staff and City engineering consultants shall not be unreasonably delayed. B. Final Plans. Developer shall have the right to develop the Subject Realty in such number of phases or units (individually a "Phase Development") as Developer and the City mutually Deleted:may from time to time agree upon. Upon the submittal by Developer to the City of a final plat of subdivision ("Final determine in its sole discretion Plat"), final landscape plan ("Final Landscape Plan") and final engineering plans ("Final Engineering Plans") for a Phase of Development, which substantially conform with the reliminary Plan as to such Phase of Development, the City shall-romtltly approve such Final Deleted:Concept Plat, (so long as it is in substantial conformity with the approved,'reliminary Plan, and that Deleted:Concept Developer is not in material breach or default as to any terms of this Agreement),Final Landscape Plan and Final Engineering Plan incompliance with applicable law and cause the Final Plat to be duly recorded with the Kendall County Recorder's Office provided Developer complies with applicable City regulations pertaining to (i) the posting of the applicable Security Instruments, as defined in Paragraph 13-B of this Agreement,for such Phase of Development, (ii) the payment of applicable fees to the City has provided for in this Agreement, and (iii) the procurement of such approvals as may be required by other governmental authorities with jurisdiction thereover. C. Review of Plans. Upon Developer's submittal to the City of preliminary and/or final engineering specification, technical details, plats and/or plans and preliminary and/or final planned unit development plans ("Plans") for the Property, the City shall promptly make such initial reviews of the Plans and shall submit a letter detailing all requested corrections, The Deleted: within forty-five(45) Developer shall then make such corrections as are requested or shall confer with City staff to calendar days after the date of submission of such Plans clarify the requested corrections and then resubmit Plans containing such corrections to the previously submitted Plans to the City.Upon resubmission of the corrections by the Developer,the Deleted:within fourteen(14)days after Developer resubmits such City shall promptly review the corrections made by Developer and City shall submit a letter, corrections, Indicating City approval or what corrections were not properly_made. Upon Deve�oer's / Deleted:The City agrees and completion of all corrections and upon City approval, the City shall thereafter issue the permits warrants that it shall not raise new and approvals to Developer in order for Developer to start construction of the Project. issues when responding to the Developer's corrections. 3 SECTION 3: PROPERTY OWNERS' ASSOCIATION COVENANTS, CONDITIONS AND RESTRICTIONS OF RECORD Concurrent with and prior to recording its First Final Plat, Developer shall submit to the City and City shall review a copy of the Declaration of Covenants,Restrictions and Easements (or similarly named document) ("Declaration") which will be used by Developer to establish the covenants, conditions and restrictions for each Phase of Development. The Declaration shall provide for the authority of Developer and/or the City to establish an association (the"Property Owners Association") which shall have primary responsibility for the ownership, care and maintenance of the common open space areas within the Subject Realty ("Common Facilities") and the collection of assessments from the association members to defray the cost thereof. The Declaration shall be recorded against each Phase of Development simultaneously with the recording of the Final Plat for each Phase of Development. The Owner/Developer shall be solely responsible for creation and formation of the Property Owners'Association,although the City may have the right,but not the obligation to do so,if Owner/Developer fails to do so. SECTION 4: DORMANT SPECIAL SERVICE AREA Owner/Developer agrees to the City enacting at the time of final plat approval,or anytime thereafter,a Dormant Special Service Area(DSSA)to act as a back up in the event that the Property Owners'Association fails to maintain the Common Facilities,including,but not limited to,private common areas, detention ponds, perimeter landscaping features and entrance signage within the Subject Realty. Owner/Developer agrees to execute any and all documentation necessary or proper to create the Dormant Special Service Area and pay any and all fees, including legal expenses,for the preparation and approval of said documentation. ARTICLE III DEVELOPMENT STANDARDS SECTION 1: ZONING AND LAND USE REQUIREMENTS The underlying zoning classification for each of the Phases of Development shall be B-3 Highway Business District pursuant to provisions of the Zoning Ordinance attached hereto as Exhibit"_". Each of the Phases of Development shall be developed in compliance with the bulk design standards as set forth in the Zoning Ordinance and Subdivision Ordinance ("Bulk Design Standards"),unless otherwise provided herein. SECTION 2: BULK DESIGN STANDARD MODIFICATIONS Unless otherwise provided in the Preliminary or Final Planned Unit Development Plan to be submitted and approved by the City,which the City shall reasonably consider at such time as a commercial user is obtained, each Phase of Development shall be developed in compliance with the bulk design standards as specified in the City's Municipal Code and as universally applied Deleted:Subdivision Ordinance and throughout the City. For any new ordinances adopted subsequent to the date of this Agreement, the Zoning Ordinance the City shall give the Owner a six(6) month grace period from the date Owner is notified of any 4 changes to the Applicable Codes of the City in order to comply with the new regulations except as otherwise specified in Exhibit VIII attached hereto ("Bulk Design Modifications'). The Bulk Design Modifications are hereby approved and shall control the development of the Subject Realty irrespective of any conflicting provision contained in the City's Subdivision Ordinance or Zoning Ordinance. (Exhibit to be� ttached.� Comment[TM3]:the lot configurations will create lots that SECTION 3: TEMPORARY CONSTRUCTION FACILITIES will be deemed uete able as \ setbacks cannot be e d determined.The agreement should acknowledge this Owner/Developer,its successors and assigns shall have the right to place,build and utilize situation and stipulate that this issue will be addressed no later than trailers for management and construction offices and facilities,in each Phase of Development from preliminary pud approval. the time this Amended Agreement is approved by the City Council until the last occupancy permit has been issued for all commercial units permitted within the Subject Realty. Said trailers are �been7 ment[TM4R3]:Exhibit has not subject to the issuance of a building permit if electricity connection is made. sub mitted for review. SECTION 4: STREET ACCESS A. Restricted Access: No direct driveway access shall be permitted for any lot onto Route 71. B. Minor Streets: The subdivision internal minor streets ("Minor Streets") shall be private roads and shall provide access from the businesses to Route 71 and Route 47. SECTION 5: SIGNAGE Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the last commercial unit, Owner shall be entitled to construct,maintain and utilize offsite commercial,marketing and location signs at not more than three (3)locations at any time within the corporate limits of the City,including along Route 71,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 hall be responsible, at its expense, for obtaining all necessarT and Comment[TM5]:The size and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite height restrictions will need to be provided for the off-premise signs. Sign sum ct to approval by the City. In addition to the Offsite Signs, Owner shall be This section should also identify the permitted to construct signage, subject to sign permit review and issuance by the City \ general content of the off-premise announcing and advertising the commercial development upon the Route 71 frontage of the signs(or provide an exhibit depicting Subject Realty. this content) Deleted:may be illuminated and • Deleted:as deemed appropriate by A. Temporary Signg e: Temporary Project Signs shall be permitted for the Subject the Developer Realty as provided in(Exhibit IX attached hereto,from the date of approval of this Agreement. Deleted:permanent signage for the \ commercial developments shall be 1. Owner/Developer shall be allowed three (3) temporary sales signs permitted.The commercial signage shall be permitted pursuant to the ("Temporary Sales Signs"), each of which shall be double-sided. The \ \ same sign standards as permitted in Temporary Sales signs shall be located as shown on the Concept Plan. other similar shopping centers within \ the City.¶ 2. Owner/Developer shall be allowed two(2)project marketing signs("Project Comment[TM6]:No exhibit has Marketing Signs"). Said Project Marketing Signs may be located as shown been submitted for review. on the Concept Plan and shall have a maximum area of 120 square feet per Comment[TM7]:Need to determine timeframe or trigger for side and a maximum height of 15 feet. "temporary" 5 3. Owner/Developer shall be allowed to place such signs as shown on the Concept Plan in conformance with the standards set forth in the City Sin Deleted:Zoning and Subdivision Code currently in effect at the date of execution of this Agreement by the city ordinances unless otherwise modified by this Agreement. B. Permanent Signag_e: Permanent commercial identification signs and features shall be permitted along Route 1711. comment[TMS]:Details must be provided regarding design,height, SECTION 6: CONFLICT WITH DEVELOPMENT ORDINANCES area,location,materials,lighting either within this provision or as attached exhibit referred to by this To the extent of any conflict, ambiguity or inconsistency between the terms,provisions or provision. standards contained in this Agreement and the terms, provisions or standards, either presently existing or hereafter adopted,of the City Code,the Zoning Ordinance,Sign Ordinance,Landscape Ordinance, the Subdivision Ordinance, as heretofore identified, City Reimbursement of Consultants and Review Fees Ordinance,City School Transition Fee,and City Development Fee,or any other City code, ordinance or regulation, (collectively defined herein as "Development Ordinances"k provisions ofhis Agreement shall govern and control. These Development Deleted: the terms Ordinances shall be the Ordinances that govern this Subject Realty and as to the dates of this Deleted:and standards of Agreement and any amendment to the Development Ordinances shall not apply to the Subject Realty. Notwithstanding the foregoing, if any City code, ordinance or regulation is hereafter adopted or amended as to life safety issues which are applied uniformly within the City said Ordinance shall apply for that purpose to the Subject Realty., Deleted:Further and notwithstanding the City Codes and ordinances to the contrary,the City All Development Ordinances in effect as of the date of execution of this Agreement shall staff and consultants,including continue in effect insofar as they relate to the development of the Subject Realty, except as architects and engineers,shall provided in this Agreement,for a period of five (5)years. Any amendment,repeal,or additional respond to submittal of plans from Owners and Developers within forty regulations,which are subsequently enacted by the City,shall not be applied to the development five(45)days of submittal to the City. of the Subject Realty except upon the written consent of the Owners and Developer during said No new issues will be raised by City O Y p O y period, Realty p staff and consultants on subsequent five 5 year period. After said five 5 year eriod the Subject Real and its development will be reviews of resubmitted plans.¶ subject to all ordinances, regulations and codes of the City in existence on or adopted after the expiration of said five (5) year period., provided, however, that the application of any such ordinance, regulation or code shall not result, alter or eliminate any of the ordinance variations provided for herein; nor result in any subdivided lot or structure constructed within the Subject Realty being classified as non-conforming under any ordinance of the City. If,during the term of this Agreement,any existing,amended,modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of any improvements,buildings,appurtenances,or any other development of any kind or character upon the Subject Realty,other than those upon which site plan approval may be based,are amended or modified to impose less restrictive requirements on development or construction upon properties situated with the City's boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the Owners and Developer, and anything to the contrary contained herein notwithstanding,the Owners and Developer may proceed with development or construction upon the Subject Realty pursuant to the less restrictive amendment or modification applicable generally to all properties within the City. 6 SECTION 7: FEES AND CHARGES Fees and charges may be assessed against the Subject Realty provided any such fee or charge is or shall be collected by the City on a uniform basis from all commercial owners, users and developers of property within the City. The city shall not increase the amount of any fee or charge for building permit fees, occupancy permit fees, plan review fees, inspection fees, utility fees,application fees or use fees for the Subject Realty unless such increases are: (i)made generally applicable to all owners,users and developers of property with the City;and(ii)such increases are reasonably related to increased costs incurred by the City in providing the services for which such fee is assessed. The City's Development Ordinances establish the City policy with respect to fees and contributions to be made by commercial developers of real estate.The fees payable shall be those established by the City's Development Ordinances on the date of approval of this Agreement by the City. A. Engineering Review Fee: Owner/Developer agrees to pay, at final plat approval for each phase of the development,an Engineering Review Fee at the rate of 1.25% of the approved engineer's estimate of cost of all land improvements, as defined in the Subdivision Ordinance in effect at the time this Agreement is signed. B. Administration/Inspection Fee: Owner/Developer agrees to pay, at final plat approval, an Administration/Inspection Fee at the rate of 1.75% of the approved Engineering estimate of construction costs of land improvements, including but not limited to, all public improvements to be dedicated to the City,mass earth grading,and quasi-public improvements to be maintained by the Property Owners'Association. C. Weather Warning Siren: Owner/Developer agrees to pay, if not previously paid at annexation, a weather warning siren fee to the City of $75.00 per acre, or a total of $1,800.00. Said contributions and fees, as they apply to the Subject Realty, shall not be increased from the date of approval by the City of this Agreement. D. Coordination Fee: E. Consultant Invoices: for Engineering,Wetland,Legal,Land Planner F. Commercial Building Fees(attach exhibit) SECTION 8: SANITARY SEWER SERVICE Developer shall cause the Subject Realty, to be annexed to the Yorkville-Bristol Sanitary District("Yorkville Bristol"or'EYBSD")for the purpose of extending and connecting to the sanitary Deleted:'Yi3sD sewer lines and treatment facilities of Yorkville-Bristol. The installation of sanitary sewer lines to service the Subject Realty and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol shall be carried out in substantial compliance with the Final Engineering as approved by the City for each Phase of Development.The City shall fully cooperate with Owner and Developer in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, permitting the 7 construction and connection of the sanitary sewer lines to the Yorkville-Bristol facilities,in order to facilitate the development and use of each Phase of Development of the Subject Realty. In the event the Yorkville Bristol Sanitary District or City requires Owner/Developer to oversize sanitary sewer mains, the parties shall enter into a written agreement specifically providing that said costs shall be the subject of a Recapture Agreement and Recapture Ordinance in favor of Owner/Developer before Owner/Developer is required to perform any oversizing. SECTION 9: POTABLE WATER SERVICE The City acknowledges that it owns, operates and maintains a potable water supply and distribution system within its borders and water mains,�Iong_a portion of theperimeter of the Deleted:within the right-of-way Subject Realty,which system and mains have,sufficient capacity and pressure to accommodate the anticipated potable water and fire protection needs of the Subject Realty to the extent the Subject Realty is developed in accordance with the Concept Plan.The City shall cooperate with Developer in obtaining all off-site easements necessary and shall grant Developer access to all City-owned right-of-way to enable Developer's provision of potable water service to the Subject Realty. Developer shall restore property affected by off-site extension of water lines to its existing condition prior to said construction. In the event the City requires Owner/Developer to oversize water mains, sanitary ewer Deleted: based on the fire flow mains,or storm sewer lines,the parties shall enter into a written agreement specifically providing requirements of the development that said costs shall be reimbursed by the City, or be the subject of a Recapture Agreement and Recapture Ordinance in favor of Owner/Developer before Owner/Developer is required to perform any oversizing. SECTION 10: STORM SEWER FACILITIES Any storm water detention facility constructed on-site shall comply with the requirements of the City Codes and Ordinances. SECTION 11: OWNERSHIP OF PUBLIC UTILITIES All public utilities, including but not limited to sanitary sewer and water mains shall be Deleted:storm sewer owned and maintained by the City after acceptance in accordance with the Subdivision Ordinance. Any storm water detention facilities shall be owned by the Property Owner's Association and maintained by said Association. SECTION 12: OFF-SITE IMPROVEMENTS/RECAPTURE/INSPECTIONS A. The City agrees to respond to all requests for required inspection or permits within seven (7) days and to issue or reject (with explanation for corrections) approvals and/or permits within hir days Deleted:fourteen Deleted:14 B. Off-site improvements for the provision of water, sanitary sewer and other utility Deleted:. and infrastructure services shall be provided by Owner/Developer according to the City Subdivision Ordinance. After the installation of improvements by Owner/Developer, the United 8 City of Yorkville shall deliver to the subdivision site potable water characterized by such minimum flows and pressures as required by the Illinois Environmental Protection Agency. C. The City agrees to consider, but is not obligated to negotiate with Owner/Developer the passage of a Recapture Ordinance for any off-site sanitary sewer or water main improvement or on-site sanitary sewer or water main improvement benefiting future users that are contiguous or within a reasonable service area of the Subject Realty.Any recapture shall be done by Ordinance after the City has reviewed Engineer's drawings, pursuant to the Engineer's Estimate of Cost and Actual Cost of the Improvements submitted by Owner/Developer, and approved by a majority vote of the City Council. D. Owner/Developer and City agree that if easements are necessary for off-site improvements to serve Subject Realty with utility and municipal services. The United City of Yorkville hereby agrees to use its best efforts,to assist the Owner/Developer in the acquisition of easements or permission to use easements from private parties,Bristol Township,Kendall County and the State of Illinois. The actual cost of acquisition of any easement shall be at the expense of Owner/Developer. SECTION 13: ACCEPTANCE OF PUBLIC IMPROVEMENTS/SECURITY INSTRUMENTS A. Acceptance of Public Improvements: The public improvements constructed as a part of the development of each Phase of Development shall be accepted by the City pursuant to the provisions of the Subdivision Ordinance. The City shall exercise good faith and due diligence in accepting said public improvements following Developer's completion thereof for each Phase of Development in compliance with the requirements of the Subdivision ordinance, and shall adopt the resolution accepting said public improvements within sixty(60)days following the gompletion Deleted:submission of the"as built" of the punchlist, provided the public improvements have been accepted by the City. Should the plans City not approve the public improvements,it shall provide a detailed written description of why the improvements are not being accepted to the Developer within 60 days of Owner'/Developer's request for acceptance. B. Posting Security: Developer shall deposit, or cause to be deposited, with the City, at Developers option, such irrevocable letters of credit, contractor's performance bonds or surety bonds ("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the City. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the City at the time this Agreement is executed. All such Security instruments if in the form of an irrevocable letter of credit shall be substantially in a form agreeable to the City. The Cam, plu suant to recommendation by the Cites Deleted:parties Engineer,}nay from time to time alprove a reduction or reductions in the Secures in b_y_ Deleted:shall an amount not in excess of eighty five percent (85%) of the value certified by the City Engineer of the completed work,so long as the balance remaining in the Security instruments is at least equal to one hundred ten percent(110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. The Security Instruments for the public improvements for each Phase of Development shall be deposited with the City prior to the recordation of the Final plat for each Phase of Development. Deleted:f C. Release of Underground and Streets: Upon completion and inspection of underground improvements,street and related road improvements in each Phase of Development and acceptance by the City,Developer shall be entitled to a release or appropriate reduction of and Deleted: Engineer 9 applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the City, in conformance with the City Subdivision Ordinance. D. Transfer and Substitution: Upon the sale or transfer of any portion of the Subject Realty, Developer shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the City of a substitute Security Instrument approved by the City, securing the costs of the improvements set forth therein by the proposed substitute Developer. SECTION 14: AMENDMENTS TO ORDINANCE All ordinances,regulations,fees, and codes of the City including,without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, building requirements, official plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the Subject Realty and its development for a period of five (5) years from the date of this Agreement. Any Agreements repeal or additional regulations which are subsequently enacted by the City shall not be applied to the development of the Subject Realty except upon the written consent of Developer during said five(5)year period. After said five(5)year period,the Subject Realty and its development will be subject to all ordinances, regulations, and codes of the City in existence on or adopted after the expiration of said five (5)year period. Developer shall not be entitled to a freeze on amendments to ordinances where it would affect the City's ISO rating. The foregoing to the contrary notwithstanding,in the event the City is required to modify, amend or enact any ordinance or regulation and to apply the same to the Subject Realty pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the Subject Realty and be complied with by Developer, provided, however, that any so-called "grandfather' provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the Subject Realty shall be given full force and effect. SECTION 15: BUILDING MATERIAL Exterior building materials shall be comply with the City Appearance Code regarding commercial buildings. SECTION 16: WETLAND MITIGATION The Owner/Developer agrees to evaluate the wetland areas identified on the Subject Realty and provide a mitigation plan to the City for review and approval within 60 days of the execution of this Agreement. SECTION 17: EROSION CONTROL The Owner/Developer agrees to submit an erosion control plan addressing the existing erosion and sedimentation problems on the site within 30 days of the execution of this Agreement and furthermore, agrees to provide the City with a financial security to guarantee the satisfactory 10 performance and ongoing maintenance of said erosion control until the Subject Realty is developed and the written release of said maintenance is provided to the Owner/Developer by the City Engineer. ARTICLE IV GENERAL PROVISION SECTION 1: CHANGES TO THE PLANNED UNIT DEVELOPMENT The Subject Realty shall be developed in substantial compliance with the Final Plans and this Agreement. Changes to the Planned Unit Development hereafter requested shall be evaluated and processed as follows: A. Definitions: 1. Major changes: Major changes shall include any changes to the Planned Unit Development which require an amendment of the Ordinance approving this Agreement, increase in the number of units, or any other change for which a public hearing is required by law or by the United City of Yorkville Municipal Code,except as specifically provided herein. 2. Minor changes: Minor changes shall include any change not defined herein as a major change or a technical change. 3. Technical changes: Technical changes shall include any change to the engineering plans and specifications, and any change to the building plans, which is determined by the Building Commissioner, Fire Chief or City Administrator as the case may be, to be: (i) in substantial compliance with the Final Plat as approved by the City Council; (ii) in compliance with the Yorkville Municipal Code, as amended, except as specifically varied herein; and (iii) in compliance with usual and customary building or engineering practice. For purposes of this Section,the location of buildings and signage shall constitute a technical change only. B. Procedures: 1. Major changes may be approved by the vote of a simple majority of the City Council after public hearing and recommendation by the Plan Commission pursuant to submittal and processing of a petition to amend the Planned Unit Development and a petition for preliminary approval,as set forth in the United City of Yorkville Municipal Code. 2. Minor changes may be approved by the City Council without Plan Commission review or public hearing. 11 3. Technical changes may be approved by the City Engineer, Building Commissioner,Fire Chief or City Administrator,as the case may be. SECTION 2: ON-SITE EASEMENTS AND IMPROVEMENTS At the time of recordation of each final plat for the Subject Realty,the owner of such platted area shall grant to the City, at no cost to the City, on-site easements which are determined by the City Council to be necessary for the provision of Public Improvements for the Subject Realty, including but not limited to easements for lift stations,sanitary sewer,water main,electric utility, cable television, storm sewer, stormwater detention and retention, and drainage facilities of sufficient capacity and elevation to provide free flowing and unobstructed outfall of stormwater from areas tributary to the Subject Realty, all as depicted on the Final Engineering Plans or as required by the Subdivision Ordinance.Except for such time to effectuate the reconnection of any public utility system, there shall be no material disruption or discontinuation of the operation of any public utility system,or storm or surface water drainage system by virtue of establishing new easements and vacation any of existing easements,to the extent reasonably practicable. The City shall be granted blanket easements,which shall be included in the Declaration of Covenants, Restrictions and Easements for the subdivisions,for a phase of development, over the private access roads and parking facilities contained therein for utility maintenance,and for police, fire,and other emergency vehicles.When each final plat of subdivision is recorded for the Subject Realty,Developer shall pay for the design engineering,construction engineering and installation of all on-site land 'rnprovements as defined herein and under the United City of Yorkville Municipal Deleted:Public Code, and as reasonably determined by the City Council to be necessary for the development of Deleted:I the Subject Realty in compliance with the Final Plat and Final Engineering Plans. In the event that during the development of the Subject Realty Developer determines that any existing utility easements and/or lines require relocation to facilitate development of the Subject Realty in accordance with the Final Plat, the City shall fully cooperate with Developer in causing the vacation and relocation of such existing easements,and all costs thereof shall be borne by the Developer. If any easement granted to the City as a part of the development of the Subject Realty is subsequently determined to be in error or located in a manner inconsistent with the intended development of the Subject Realty as reflected on the Final Plat and in this Agreement, the City shall fully cooperate with Developer in vacating and relocating such easement and utility facilities located therein, which costs shall be bone by the Developer. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement,Developer shall pay for the cost of design and relocation of any such easement and the public utilities located therein. Developer shall provide for the interconnection, through appropriate storm drainage easements,swales and structures,of the storm sewer system constructed within the Subject Realty with the outfall structures and surface channels adjacent to the Subject Realty. SECTION 3: OFFSITE EASEMENTS AND CONSTRUCTION At the time each final plat of subdivision for the Subject Realty is recorded,Developer shall obtain all off-site easements which are reasonably determined by the City Council to be necessary for the development of such portion of the Subject Realty in accordance with the Final Plans.In the 12 event Developer is unable to acquire such necessary off-site easement, the City shall exercise its power of eminent domain to acquire the same,provided Developer shall pay the costs incurred by_ Deleted:reasonable the City as a result thereof.Developer shall deposit the amount of such costs reasonably estimated by the City into a segregated,interest bearing escrow account prior to the commencement of such eminent domain proceedings by the City. Such finds shall be utilized solely to defray such costs and all funds,including interest,remaining in such escrow upon completion of such proceedings shall be refunded to Developer. At the time each final plat of subdivision for the Subject Realty is recorded,Developer shall pay for the design engineering, construction engineering and installation of all off-site Public Improvements as required by the final engineering plans for each final plat of subdivision. All such off-site Public Improvements shall be included in the Guarantee for Completion for the area so platted. Deleted:In the event any such off- site Public Improvements are determined by the City to provide a The Owner/Developer agree to pay to (fountain village developer) to benefit to other Subject Realty,the compensate for % of the improvements(fountain village developer)funded for improvements City shall enter into a Reimbursement benefiting the Subject Realty. Owner/Developer agrees to pay said amount within 30 days of the Agreement with Developer with respect to such improvements. execution of this Agreement. SECTION 4: BUILDING CODE Except as otherwise provided in(Exhibit XI I("Builder Code Deviations")to this Agreement, Comment[TM9]:No exhibit has Developer shall comply in all respects with the applicable provisions of the United City of been submitted. Yorkville Municipal Code and other City ordinances pertaining to the construction of structures for commercial purposes in effect at the time Developer, or its successor or assigns, makes application to the City for a building permit or permits in connection therewith. SECTION 5: BUILDING PERMITS The City shall issue building permits for construction of improvements upon the Subject Realty within fourteen (14) working days subsequent to receipt of application therefore. If the application is denied,the City shall provide a written statement within said period specifying the reasons for denial of the application including specifications of the requirements of law which the application or supporting documents fail to meet. The City shall review and provide written comments or approve the resubmittal plans within fourteen(14) calendar days of the resubmittal. The City shall issue such building permits upon compliance with those requirements. Developer may apply for and the City shall issue building permits for portions of the Subject Realty after approval but prior to recordation of a Final Plat for any such portion of the Subject Realty, and prior to the installation and availability of storm sewer,sanitary sewer and potable water service to such portion of the Subject Realty. SECTION 6: OCCUPANCY PERMITS A. No occupancy permit shall be issued for any building on the Subject Realty until the storm sewer,sanitary sewer,water system,telephone,gas,electric and streets throughJ?ituminous Deleted:stone base binder course are operational. Notwithstanding the foregoing the Owner/Developer shall be 13 entitled to use temporary construction and sales trailers in accordance with Section 3 of Article IV of this Agreement. B. The City shall not deny a temporary certificate of occupancy for any space within a commercial building for the sole reason that other areas in the building are either incomplete or under construction, provided the space to be occupied otherwise meets all applicable occupancy requirements of City ordinances. C. The City shall issue certificates of occupancy for buildings constructed within the Subject Realty within two (2)working days subsequent to application therefore,or issue a letter of denial within said period informing the applicant specifically as to what corrections are necessary as a condition to the issuance of a certificate,Inabilitt,due to adverse_weather conditions,to install Deleted:, a final surface course on driveways, service walks, public sidewalks, stoops, landscaping (including parkway trees)and final grading,shall not delay the issuance of a temporary certificate of occupancy,which shall contain an escrow account and specific deadlines for completion of each of the items not completed.The City shall not issue a final occupancy permit unless the Final Plat of Subdivision for the Subject Realty is recorded. SECTION 7: RESTORATION OF CITY PROPERTY Developer shall repair and replace, in accordance with the original sizes, standards and topography in a manner satisfactory to the City Engineer, all City property, including Public Improvements, damaged or disturbed by reason of Developer's work in connection with the development of the Subject Realty. SECTION 8: MAINTENANCE OF PRIVATE FACILITIES The provisions of the Property Owners'Association Declaration shall apply to the repair and maintenance of all facilities and amenities which are not conveyed to the City as part of the publicly owned portion of the Public Improvements and are not owned and maintained by a lot owner within the Subject Realty. SECTION 9: COMPLIANCE WITH STATE STATUTES A. General: In the event that any one or more provisions of this do not comply with any one or more provisions of the Illinois Compiled Statutes and the governing rules of the Illinois Water Pollution Control Board or the Federal or State Environmental Protection Agencies, then the City, Owner, and Developer, and all of their respective successors and assigns, agree to cooperate to comply with said provisions which shall include,but not be limited to,the passage of resolutions and ordinances to accomplish such compliance. SECTION 10: PRELIMINARY GRADING Upon execution of this Agreement by the city,Developer may obtain from the city,and the city may issue, a site development permit in conformance with Municipal Code for the site grading to be performed upon the Subject Realty. Such site grading shall be at Developer's sole risk and expense,and in conformity with Engineering Plans to be approved by the City Engineer, and any changes or adjustments to the requirements for such grading resulting from the review 14 and approval of the final engineering plan for such phase shall be promptly performed by Developer,at Developer's expense. SECTION 11: CONSTRUCTION TRAILERS The city agrees that form and after the effective date of this Agreement, Developer's subcontractors'supply storage trailers may be placed upon such part or parts of the Subject Realty as required and approved by Developer for development purposes. Said trailers may remain within any phase of development within the Subject Realty until all Public Improvements for such phase of development have been completed and accepted by the City.L Comment[TM10]:This section is basically covered by article III section SECTION 12:STREET STANDARDS 3-this provision should be combined with that one to avoid confusion/confliction. f Design standards for Interior Minor Streets and access drives to be utilized as part of the development of the Subject Realty are set forth on the Preliminary engineering Plans ("Street Standards"). To the extent any ordinance or regulation of the City conflicts with any of the Street Standards,such ordinance or regulation is hereby varied and the Street Standards shall prevail and be the legal, applicable standards for development of the subject realty, except as otherwise expressly provided in this Agreement. (Need to provide Street Plan exhibit or statement regarding interior streets.)I Comment[TM11]:Staff recommends removing this section SECTION 13: DEDICATION OF STREET RIGHT-OF-WAY entirely. The subdivision control ordinance requirements must be met for street improvements. The final plat for each phase of development in the Subject Realty shall establish the dedication of the appropriate right-of-way for all public streets within such phase of development in accordance with the Subdivision Ordinance, as amended or as otherwise provided in this Agreement,and in substantial conformity with the Final Engineering Plans. Street names for each public street shall be established and identified on each final plat of subdivision. SECTION 14: CONVEYANCES Nothing contained in this shall be construed to restrict or limit the right of the Owner and/or Developer to sell or convey all or any portion of the Subject Realty,whether improved or unimproved, and to transfer or assign any or all of their respective rights and duties under this Agreement. SECTION 15: TRANSFER OF RIGHTS AND DUTIES Upon the conveyance of any Owner's interest in a phase of development or any portion of the Subject Realty to a third party ("Transferee"), the rights and obligations so identified of such Owner and Developer pertaining to such phase or portion of the Subject Realty, shall be deemed assigned to and assumed b such third party, and Owner and Developer shall thereupon be Comment[ded all Provision � y p y � p p should be added allowing the City released and discharged by the City from any farther obligation pertaining to such identified rights the ability to approve this transfer- and duties.) The Transferee shall thereupon be entitled to exercise all rights and authorities and / not automatically release and discharge. 15 shall perform all duties and obligations of Owner and Developer pertaining to such phase or portion of the Subject Realty.The Transferee shall comply with the applicable requirements of this Agreement pertaining to the posting of guarantees with the City affecting the portion of the Subject Realty conveyed.Any such guarantee previously posted by the Transferor shall be released by the City upon the delivery to the City by the Transferee of a substitute guarantee in the appropriate amount,in proper form and issued by a financial institution approved by the City. SECTION 16: DEMOLITION OF EXISTING STRUCTURES. Owner/Developer shall demolish the buildings on the Subject Realty within 6)months Deleted:twelve of the effective date of the approval of$his Agreement subject to the issuance of a permit from the Deleted:12 C1ty• \ Deleted:the rezoning and annexation ARTICLE V _ _ _ _ _ _ _ Deleted:of the Subject Realty MISCELLANEOUS Deleted:SECTION 17: COMMERCIAL TAX INCENTIVES¶ SECTION 1: INCORPORATION OF EXHIBITS ¶ Owner/Developer is proposing 23.7 acres of commercial development on All exhibits attached to this Agreement are hereby incorporated herein and made a part of the Subject Realty with a the substance hereof. neighborhood retail shopping center on Route 71,approximately 1/4 miles west of a major intersection of Route SECTION 2: ENFORCEMENT 47 and Route 71.Owner/Developer represents that in order to proceed with the development of the Subject This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the Realty as commercial,it will be parties or their successors or assigns by an appropriate action at law or in equity to secure the required to construct or pay for the construction of certain on and off site performance of the covenants and agreements contained herein, including the specific improvements,including highway performance of this Agreement. This Agreement shall be governed by the laws of the State of and roadway improvements,traffic Illinois. signals,demolition,sanitary sewer line,water mains and other utilities. Owner/Developer has requested and SECTION 3: SUCCESSORS AND ASSIGNS the City agrees to provide up to a maximum of two million four hundred thousand($2,400,000.00) This Agreement shall inure to the benefit of and be binding upon the Owner, Developer dollars in economic assistance and their successors in title and interest,and upon the City,and any successor municipalities of the towards the actual cost of project improvements as outlined within the City.It is understood and agreed that this Agreement shall run with the land and as such,shall be City's Economic Incentives Policy assignable to and binding upon subsequent grantees and successors in interest of the Owner, adopted on December 13,2005.In Developer,and the City. recognition of the benefit to the City through creation of job opportunities, the enhancement of the tax base and the strengthening of the commercial SECTION 4: ENTIRE AGREEMENT sector,the City agrees to enter into an economic incentive agreement with the Owner/Developer to be funded This Agreement contains all the terms and conditions agreed upon by the parties hereto by a percentage of the taxes that are generated from the businesses to be and no other prior agreement,regarding the subject matter hereof shall be deemed to exist to bind located on the Subject Realty.I the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, I 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. 16 SECTION 5: NOTICES Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested,postage prepaid,addressed as follows: If to the City: United City of Yorkville Mayor Valerie Burd 800 Game Farm Road Yorkville,IL 60560 With a copy to: United City of Yorkville's Attorney Kathleen Field Orr&Associates 180 N.Michigan Avenue Suite 1040 Chicago,IL 60601 If to Owner/Developer: Thomas Rayburn Raycorp,Inc. 16345 S.Harlem Ave. Suite 4SW Tinley Park IL 60477 With a copy to: Robert C.Kenny Schain,Burney,Ross&Citron,Ltd 222 N.LaSalle Street,Suite 1910 Chicago,IL 60601 or to such other addresses as any party may from time to time designate in a written notice to the other parties. SECTION 6: SEVERABILITY This Agreement is entered into pursuant to the provisions of Chapter 65,§ 5/11-15.1-1,et seq., Illinois Compiled Statutes (2002), in the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain.In addition,the City,Owner and Developer shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the Subject Realty. SECTION 7: AGREEMENT This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties,pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the City and the owner of 17 record of a portion of the Subject Realty as to provisions applying exclusively thereto,without the consent of the owner of other portions of the Subject Realty not affected by such Agreement. SECTION 8: CONVEYANCES Nothing contained in this Agreement shall be construed to restrict or limit the right of the Owner or Developer to sell or convey all or any portion of the Subject Realty,whether improved or unimproved. SECTION 9: NECESSARY ORDINANCES AND RESOLUTIONS The City shall pass all ordinances and resolutions necessary to permit the Owner, Developer and their successors or assigns, to develop the Subject Realty in accordance with the provisions of this Agreement,provided said ordinances or resolutions are not contrary to law.The City agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. SECTION 10: TERM OF AGREEMENT The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said (20) twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the City and Owner/Developer. SECTION 11: CAPTIONS AND PARAGRAPH HEADINGS The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. SECTION 12: RECORDING This Agreement shall be recorded in the Office of the Recorder of Deeds,Kendall County, Illinois,at Developer's expense. SECTION 13: RECITALS AND 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. SECTION 14: COUNTERPARTS This Agreement may be executed in counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same document. SECTION 15: NO MORATORIUM 18 The City shall not limit the number of building or other permits that may be applied for due to any City imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of Development. SECTION 16: TIME IS OF THE ESSENCE Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. SECTION 17: EXCULPATION It is agreed that the City is not liable or responsible for any restrictions on the City's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the Subject Realty,the city,the Developer, or Owners, including,but not limited to county,state or federal regulatory bodies. IN WITNESS WHEREOF,the undersigned have hereunto set their hands and seals this. day of ,2008. UNITED CITY OF YORKVILLE Kendall County,Illinois By: Its: Mayor ATTEST: By: Its: City Clerk RCK/Raycorp-Yorkville/Annexation-Agreement-03-05-08 19 D Co.y Reviewed By: Agenda Item Number J� Le NEW BUSINESS #4 gal ❑ "Q}y Finance ❑ EST. �Z 1836 Engineer ❑ Tracking Number 4 �i� City Administrator ❑ �ollyseat `p Consultant El EDC 2008-15 K—A,County Agenda Item Summary Memo Title: MPI— Second Bond Issuance for Grande Reserve `Central Portion' and Refinancing 2004 Bonds Meeting and Date: EDC/April 3, 2008 Synopsis: See attached memo from William Blair& Company Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: Both the bond issuance and the refinancing request have been reviewed by Attorney Orr who recommends approval of each request. The bond issuance(#2 for Central Portion of Grande Reserve) is consistent with the MPI Annexation Agreement provisions. The refinancing of Bond Series 2004 would enable the bonds to be consistent with the current City policy regarding SSA's by being"payed down"at home closing. MEMORANDUM TO: The United City of Yorkville FROM: William Blair&Company DATE: March 26, 2008 RE: Refinancing Options for the Grande Reserve Project MPI Grande Reserve is requesting the approval of the Economic Development Commission to present two financing issues to the City Counsel. In September of 2004, the City established special service area No. 2004-104 for the MPI Grande Reserve Project, covering the central portion of the Grande Reserve development. The Establishing Ordinance authorized the issuance of up to $35,000,000 in special service area bonds. On October 26, 2004 the City adopted a bond ordinance and initially issued $13,200,000 in bonds. The Developer is now seeking the issuance of an additional $16,445,000 (approximately) of bonds to complete the Public Improvements in the"Central"portion of the development. In addition, the Developer would like to pursue a refunding of the Series 2004 variable rate SSA No. 2004-106 Bonds ("Series 2004 Bonds") to remove the LaSalle Bank letter of credit. The Series 2004 Bonds would be defeased and replaced by fixed rate"paydown bonds" (Series 2008 Bonds") maturing on March 1, 2033. Under a paydown bond structure, the special service area tax is required to be prepaid at each home closing. The Series 2004 Bonds were originally issued to pay for area-wide public infrastructure. William Blair&Company, L.L.C. 222 West Adams Street Chicago, Illinois 60606 312.236.1600 www.williamblair.com DRAFT SUMMARY OF PROPOSED TERMS UNITED CITY OF YORKVILLE DRAFT SPECIAL SERVICE AREA NUMBER 2004-104 DRAFT SERIES 2008 (MPI Grande Reserve Project-Central Parcel) GENERAL: In September of 2004, the City established special service area No. 2004-104 for the MPI Grande Reserve Project, covering the central portion of the Grande Reserve development. The Establishing Ordinance authorized the issuance of up to $35,000,000 in special service area bonds. On October 26, 2004 the City adopted a bond ordinance and initially issued$13,200,000 in bonds. The Developer is now seeking the issuance of an additional $16,445,000(approximately) of bonds to complete the Public Improvements. ISSUER: United City of Yorkville, Illinois BOND TYPE: Special Tax Bonds -Fixed Rate AMOUNT: $16,445,000* COUPON: TBD USE OF PROCEEDS: The proceeds of the Bonds will be used to 1)purchase and/or construct certain on- site Public Improvements; 2) fund 23 months of capitalized interest; 3) fund a debt service reserve equal to 10% of par; and 4)pay costs of issuance. PUBLIC The Bonds will be used to reimburse the Developer and/or construct certain on-site IMPROVEMENTS: Public Improvements within or benefiting the Central Grande Reserve Special Service Area No. 2004-104(the"Central Area"). Improvements include land, mass grading, roadways, storm sewers, sanitary sewers, landscaping and certain soft costs associated with the Public Improvements. THE AREA: The development is commonly known as the Grand Reserve subdivision(the "Development") and consists of three areas;North, Central and South. Areas North, Central and South were partially developed with the proceeds of SSA 2004- 106. Additionally, SSA 2004-104 bond proceeds were used for the Central Area. The Development is approximately 1,036 acres of land located to the south of Galena road, north of Route 34, and is bisected by Kennedy Road, Bristol Ridge Road and Mill Road. The Developer proposes to develop the Central Area with finished lots for up to 1,245 dwelling units consisting of 723 detached single-family homes, 224 duplex units and 298 townhome units. The Developer currently has sold 330 single family units. SECURITY: - A first lien on all Special Taxes imposed upon all property within the Special Service Area(SSA). - Capitalized Interest for a period of approximately 23 months. - A Reserve Fund equal to 10%of the initial par amount of the Bonds. PUBLIC The Developer and the City entered into a Public Infrastructure Agreement,which IMPROVEMENT the Developer agreed to construct certain public improvements. Pursuant to the AGREEMENT: Agreement, the Developer is required to pay all costs in excess of the budgeted amount as outlined in the Public Improvement Agreement. DEVELOPER: Grande Reserve is being developed as a joint venture of MPI-Moser Enterprises, Inc.,Pasquinelli and Mevlin Isenstein(the"Developer"). BANK FINANCING: Bank Financing is being provided by Bank of America. METHOD OF SALE: Limited Offering DENOMINATION: $100,000 with increments of$1,000 in excess thereof. FORM: Book-entry only through DTC. RATING: None. TAXATION: Exempt from federal taxes; not subject to AMT; not exempt from State of Illinois income taxes. INTEREST March 1 and September 1, commencing September 1, 2008. PAYMENT DATES: PRINCIPAL March 1, commencing March 1, 2011 PAYMENT DATES: FINAL MATURITY: March 1, 2034 OPTIONAL The Bonds are subject to optional redemption prior to maturity on any date on or REDEMPTION: after March 1,2018 at the option of the City, together with accrued interest as follows: Redemption Dates Redemption Prices March 1, 2014 through February 28, 2015 102% March 1, 2015 through February 28, 2016 101% March 1, 2016 and thereafter 100% SPECIAL The Bonds are subject to mandatory redemption on any March 1,June 1, September MANDATORY 1, and December 1, in part, from individual homeowners' prepayments of Special REDEMPTION Taxes made in accordance with the Ordinance of the City establishing the Area(the FROM "Establishing Ordinance") and deposited into the Special Redemption Account of the HOMEOWNER Bond Fund, at a redemption price(expressed as a percentage of the principal amount PREPAYMENT: of the Bonds to be redeemed)as set forth below, together with accrued interest on such Bonds to the date of redemption. Redemption Dates Redemption Prices On or prior to February 28, 2014 103% March 1, 2014 through February 29, 2015 102% March 1, 2015 through February 28, 2016 101% March 1, 2016 and thereafter 100% *Estimated,subject to change. 2 When the amount on deposit in the Special Redemption Account equals $1,000, such amount shall be used to redeem Bonds on the next Interest Payment Date at the redemption prices set forth above. AUTHORIZATION: Pursuant to Ordinance No. 2004-60 adopted by the municipal corporate authorities on October 26, 2004 sets forth the maximum tax that will be levied on each property owner within the Area(Maximum Parcel Special Tax). The Maximum Parcel Special Tax will be reduced to reflect the actual debt service including anticipated delinquencies and deposits to the Reserve Fund, if any. The Special Tax will then be billed to each property owner and collected by the County. The Special Tax will then be forwarded to the Trustee will be used to make debt service payments on the Bonds. SPECIAL TAX The Special Tax Roll and Report prepared by David Taussig&Associates on October ROLL AND 5, 2004 outlines the Maximum Parcel Special Tax per unit type within the Central REPORT: Area(SSA 2004-104). Below are the maximum special tax amounts. Per Unit Levies Single Levy Collection Family Duplex Townhome Year Year Levy Levy Levy 2008 2009 2,194.00 1,796.00 1,516.00 2009 2010 2,227.00 1,823.00 1,539.00 2010 2011 2,260.00 1,850.00 1,562.00 2011 2012 2,294.00 1,878.00 1,585.00 2012 2013 2,328.00 1,906.00 1,609.00 2013 2014 2,363.00 1,935.00 1,633.00 2014 2015 2,398.00 1,964.00 1,657.00 2015 2016 2,434.00 1,993.00 1,682.00 2016 2017 2,471.00 2,023.00 1,707.00 2017 2018 2,508.00 2,053.00 1,733.00 2018 2019 2,546.00 2,084.00 1,759.00 2019 2020 2,584.00 2,115.00 1,785.00 2020 2021 2,623.00 2,147.00 1,812.00 2021 2022 2,662.00 2,179.00 1,839.00 2022 2023 2,702.00 2,212.00 1,867.00 2023 2024 2,743.00 2,245.00 1,895.00 2024 2025 2,784.00 2,279.00 1,923.00 2025 2026 2,826.00 2,313.00 1,952.00 2026 2027 2,868.00 2,348.00 1,981.00 2027 2028 2,911.00 2,383.00 2,011.00 2028 2029 2,955.00 2,419.00 2,041.00 2029 2030 2,999.00 2,455.00 2,072.00 2030 2031 3,044.00 2,492.00 2,103.00 2031 2032 3,090.00 2,529.00 2,135.00 2032 2033 3,136.00 2,567.00 2,167.00 *Estimated,subject to change. 3 TRUSTEE: TBD BOND COUNSEL: Foley&Lardner BILLING AND The County will bill and collect the special service area COLLECTING: tax. ADMINISTRATOR: The City will hire David Taussig&Associates as the special service area administrator(the"Administrator")to assist the City in the levy, abatement and collection process. UNDERWRITER: William Blair&Company *Estimated,subject to change. 4 DRAFT SUMMARY OF PROPOSED TERMS UNITED CITY OF YORKVILLE DRAFT SPECIAL SERVICE AREA NUMBER 2004-106 DRAFT SERIES 2008—REFUNDING PAYDOWN BONDS (MPI Grande Reserve Project) GENERAL: The Developer would like to pursue a refunding of the Series 2004 variable rate SSA No. 2004-106 Bonds ("Series 2004 Bonds") to remove the LaSalle Bank letter of credit. The Series 2004 Bonds would be defeased and replaced by fixed rate "paydown bonds" (Series 2008 Bonds") maturing on March 1, 2033. Under a paydown bond structure, the special service area tax is required to be prepaid at each home closing. ISSUER: United City of Yorkville,Illinois (the"City") BOND TYPE: Special Tax Revenue Refunding Bonds AMOUNT: $14,020,000 -Preliminary COUPON: Fixed Rate- TBD USE OF PROCEEDS: Proceeds Series 2008 Bonds would be used to 1.) defease$12,205,000 principal amount of the Series 2004 Bonds, 2.) fund a debt service reserve equal to 10% of par,and 3.)pay costs associated with the issuance. THE AREA: The development is commonly known as the Grand Reserve subdivision(the"Development") and consists of three areas;North, Central and South. Areas North, Central and South all benefited from the proceeds of SSA 2004-106. Area Acreage Units MPI North 311 1,125 MPI Central 590 1,245 MPI South 175 276 Total 1,036 2,646 The lien of each area has been established based on the improvements of each area. See Exhibit A. SECURITY: - A first lien on all Special Taxes imposed upon all property within the Special Service Area. - A Reserve Fund equal to 10% of the initial paramount of the Bonds. FINAL MATURITY: March 1, 2033 -1- DRAFT AMORTIZATION: Amortization will be in years 2016 through 2033 STRUCTURE: Pursuant to the Special Tax Roll, the Special Service Area Tax from the special service area will be due and payable in full upon the transfer of title on the property. Effectively, this structure will mandate the Special Tax be prepaid once the Developer no longer owns the property (i.e.,prior to the time a homeowner takes possession or in the case of a land developer,when the land is sold to a homebuilder). At each closing, the payoff amount would be deposited with the bond trustee and the City would issue a lien release. Quarterly, the Trustee would use all prepayments to redeem bonds. Beginning in 2008 the owners will be required to make special tax payments based on interest only for the special service area debt allocable to their property. Beginning with the June 2015 special tax payment, the special service area debt will begin to amortize for any unsold units. ESTIMATED SOURCES Sources: AND USES OF FUNDS: Bond Proceeds $14,020,000 Original Issue Discount(' 14( 0,200) 13,879,800 Uses: Redeem 2004-106 Bonds 12,205,000 Debt Service Reserve(2) 1,321,875 Costs of Issuance(3) 350,500 Rounding 2,425 13,879,800 (1) In order to allow for prepayment at any time without penalty,the bond purchasers will require a I%discount on the bonds at the time of issuance. (2) The Debt Service Reserve is required by bondholders and will be returned pro rata at the time of each lot payoff. See"Debt Service Reserve." (3) Costs of issuance are estimated and subject to change. AVERAGE ESTIMATED SPECIAL TAX PAYMENTS: Depending on the location within the Area,unit types will have different estimated special tax payments. Please see Exhibit B for a breakdown of the estimated special taxes. DEBT SERVICE RESERVE: A Debt Service Reserve equal to the maximum annual debt service of the Series 2008 Bonds will be required by the bondholders. A pro rata amount of the Debt Service Reserve will be used to reduce the payoff amount(see"Payoff') at the time the lien is released(the "Debt Service Reserve Credit"). The Debt Service Reserve Credit will not be available to any property owner that is delinquent in their special tax payments. PAYOFF: Please see Exhibit C for an explanation of the payoff figures. METHOD OF SALE: Limited Offering DENOMINATION: $100,000 with increments of$1,000 in excess thereof. -2- DRAFT BOND FORM: Book-entry Only through DTC ANTICIPATED RATING: None TAXATION: Exempt from federal taxes; not subject to AMT;not exempt from State of Illinois income taxes. INTEREST PAYMENT March 1 and September 1, commencing September 1, 2008 DATES: PRINCIPAL PAYMENT March 1, commencing March 1, 2016 DATES: OPTIONAL REDEMPTION: The Bonds are not subject to mandatory redemption by the City prior to maturity. SPECIAL MANDATORY The Bonds are subject to mandatory redemption on any Interest REDEMPTION FROM Payment Date, in par, from prepayments of Special Taxes made in PROPERTY OWNER accordance with the Ordinance of the City establishing the Area(the PREPAYMENT: "Establishing Ordinance") and deposited into the Special Redemption Account of the Bond Fund, at a redemption price of par, together with accrued interest on such Bonds to the date of redemption. When the amount on deposit in the Special Redemption Account equals $1,000, such amount shall be used to redeem Bonds on the next Interest Payment Date at the redemption prices set forth above. ACCELERATION: The Indenture does not permit the acceleration of the principal of the Bonds upon the occurrence of an Event of Default under the Indenture. ABATEMENT: Annually on or before the last Tuesday in December, the City shall adopt an abatement ordinance abating the Special Tax to the extent monies are on deposit in the Principal and Interest Account of the Bond Fund and to adjust the levy for prepayment that occurred during the year. BOND COUNSEL: Foley&Lardner UNDERWRITER: William Blair&Company TRUSTEE: TBD BILLING AND The City, through the Administrator will continue to bill and collect COLLECTING: the special service area tax. ADMINISTRATOR: The City will hire David Taussig&Associates as the special service area administrator(the"Administrator")to assist the City in the levy, abatement and collection process. -3- ,SO'D C►p Reviewed By: Agenda Item Number d"' Legal El E5r 1836 Finance ❑ Engineer El--�--� Tracking Number City Administrator ❑ �v Consultant ❑ PC 2008-02 ALE �'� F-1 Agenda Item Summary Memo Title: Special Use Zoning Ordinance Amendment for Financial Institutions and Drive Through Facilities Meeting and Date: Economic Development Committee, Thursday, April 3, 2008 Synopsis: Zoning ordinance to change banks to, and add drive through facilities as special use in business and office districts Council Action Previously Taken: Date of Action: n/a Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Submitted by: Travis Miller Community Development Department Name Department Agenda Item Notes: See attached report Memorandum 0 To: EDC Esr. lz _ _ leas From: Travis Miller CC: Lisa Pickering(for distribution) 0 . O� Date: March 27,2008 M.dAC.,Ty �= Subject: PC2008-02 Special Use Zoning Ordinance Amendment for <LE w Financial Institutions and Drive Through Facilities 1. Financial Institutions Issue• As development of commercial land occurs in the City, it is important to monitor the mix of uses being established to ensure a healthy economic environment exists. Financial institutions area a critical part of the fabric of any economically healthy and diverse community. Banking branches, however, do not generate sales tax revenue for the City and typically locate facilities on prime commercial sites for the same reasons retailers locate there. Although, at this time, there is no evidence supporting a major concern of tax base erosion in Yorkville due to this occurrence, a heightened level of review and consideration for future financial institutions in the City would help to ensure a problem does not present itself in the future. Background: The Economic Development Committee began discussing this issue in the early winter of 2007 and requested staff to prepare a land use policy to help guide decisions related to banking facilities. Staff researched surrounding communities in the Chicago region and found that several communities have enacted various land use controls relating to the location and design of financial institutions. The EDC recommended the Financial Institution Location Policy which was approved February 26, 2008 and is attached for reference. In addition to this policy, staff recommended to the EDC that the Zoning Ordinance be amended to include financial institutions as Special Uses in order to have the ability to review proposed financial institutions proposed for land already annexed and zoned,which the policy would not impact. Currently banks, credit unions and savings and loans associations are permitted in the O Office, B-1 Limited Business, B-2 General Business, B-3 Service and B-4 Business Zoning Districts as a permitted use. In recent years large numbers of financial institution "branch" facilities have become a characteristic of this commercial use. Currently there are eight financial institutions in the City of Yorkville. Three new financial institutions are under construction. All of them are either in the Route 47 or Veteran's Parkway corridors and are either zoned B-3 or B-4. 2. Drive Through Facilities Issue: The current City ordinances do not include regulation or guidelines for the location or design of Drive Through Facilities. Drive Through Facilities, typically serving banks and restaurants,have unique qualities that justify a heightened design review and approval process due to on-site circulation and safety issues, as well as general aesthetic issues in situations when a drive through facility is oriented toward a major public road, for instance. Background: Commercial developments require site plan and engineering review prior to construction permitting. Currently, the City Engineer and plan review staff use best judgment related to the location and design of drive through facilities and often encourage petitioners to orient these facilities away from major public road viewsheds. Without regulation in place, this practice is not always the most effective. Recommendation: Amend the Zoning Ordinance to include Banks, Credit Unions, Savings and Loan Associations and Drive Through Facilities as Special Uses for the Office (0)Zoning District. The special uses allowable in the Office district are also allowable as special uses in the B-1, B-2, B-3 and B- 4 districts. ARTICLE A. O OFFICE DISTRICT 10-7A-1: USES PERMITTED: Advertising agency. Bank. Barber shop. Beauty shop. Bookkeeping service. Club -private indoor. Coffee shop. College, university or junior college. Commercial school, trade school - offering training in classroom study. Credit, Detective agency. Employment office. Engineering office. Government office. Income tax service. Insurance office. Library. Manufacturing agent's office. Medical clinic. Park. Professional offices. Public accountant. Real estate office. Savings and loan asseeiation. Stenographic service. Stock broker. Telegraph office. Ticket office. Title company. Travelagency. Utility office. (Ord. 1973-56A, 3-28-74) 10-7A-2: SPECIAL USES: Banks Credit Unions Daycare centers. Drive Through Facilities Planned developments. Savings and Loan associations Solid waste disposal site. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1995-20, 8-10-1995) 10-7A-3: LOT AREA: No lot shall have an area less than twenty thousand(20,000) square feet. (Ord. 1973-56A, 3-28- 1974) 10-7A-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than thirty feet (30'). B. Side Yards: Aside yard on each side of the zoning lot of not less than ten feet (10'), except where a side yard adjoins a street, the minimum width shall be increased to twenty feet(20'). C. Rear Yard: A rear yard of not less than twenty feet(20'). (Ord. 1973-56A, 3-28-1974) 10-7A-5: LOT COVERAGE: Not more than fifty percent(50%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974) 10-7A-6: MAXIMUM BUILDING HEIGHT: A. No building or structure shall be erected or altered to exceed a maximum height of six(6) stories or eighty feet (80'), whichever is lower. B. No building or structure shall be erected or altered to exceed a maximum height of three (3) stories or thirty five feet(35')within the "downtown area" as described by exhibit A, attached to the ordinance codified herein. (Ord. 2006-67, 8-8-2006) 10-7A-7: OFF STREET PARKING AND LOADING: All in accordance with regulations set forth in chapter 11 of this title. (Ord. 1973-56A, 3-28- 1974) X14. D CITY Reviewed By: Agenda Item Number a� �.1+ Legal ❑ Finance F-1 EST. � 183 Engineer ❑ ~-� �- Tracking Number 0 JIM- 18, y City Administrator El �D Consultant ❑ CLE tiy�� ❑ Agenda Item Summary Memo Title: Integrated Transportation Plan-Request for Proposals Meeting and Date: EDC /April 3, 2008 Synopsis: See attached report Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See Attached Report �E'D cry o United City of Yorkville County Seat of Kendall County EST, _�1836 800 Game Farm Road t !� . _= Yorkville, Illinois, 60560 Telephone: 630-553-4350 �LE �,� INTEGRATED TRANSPORTATION PLAN REQUEST FOR PROPOSAL 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 is 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 Plan and Fox River Watershed have been 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 agreement. The City of Yorkville has entered into an Intergovernmental Agreement with the Illinois Department of Transportation in 2008 for The Integrated Transportation Plan and Fox River Watershed to be accomplished by June 30, 2011; however the City of Yorkville hopes for the project to be complete within one year, approximately June 2009. Scope of Services The Scope of Services/Responsibilities as identified by Part 5 of the Intergovernmental Agreement includes four tasks: 1. Data Collection and Analysis 2. Public Involvement 3. Coordination and Partnership 4. Concept Development The United City of Yorkville is requesting proposals which will address the above tasks. The italicized text has been taken verbatim from the Intergovernmental Agreement between the United City of Yorkville and the Illinois Department of Transportation. Additional explanation and services for each task are listed below in normal text. 1. DATA COLLECTIONAND 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. In addressing this responsibility, the United City of Yorkville has completed the following: • Current demographic information, including population projections (updated on a quarterly basis) through the 2008 Comprehensive Plan Update. • Corridor Statistics and Traffic Maps through the 2003 United City of Yorkville Transportation Study and the 2006 United City of Yorkville Transportation Model • 2006 Orthophotography obtained via Kendall County • Land Use through the 2008 Comprehensive Plan Update • Additional Information—Conceptual Shared Use Trail Map in the 2008 Park and Recreation Master Plan Update The United City of Yorkville requests assistance in completing Task 1, which would include, site visits in order to evaluate the corridor's present condition, along with assembling the above information into Deliverable 1 as outlined in Part 5 of the Intergovernmental Agreement. 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 stake holders to present the plan, gather inputs, identify and deliberate issues and formulate a context-sensitive-solution. The United City of Yorkville requests assistance in completing Task 2 through consultant assistance in formulating a stakeholder group with representatives from the groups listed above. This stakeholder group will be responsible for, but not limited to, providing direction, input, and addressing: • Identifying all locations where the paths on the 2008 Conceptual Shared- Use Trail Map will cross/conflict with other vehicular traffic on this plan resulting in a `unique' design solution, such as grade separation, special signalization, etc. • Identifying criteria to use to prioritize implementation of all un-constructed segments of the 2008 Conceptual Shared-Use Trail Map. This criteria should include, but not be limited to, consideration of estimated construction costs, estimated volume of trail users, complexity of land and/or easement acquisition, connectivity to commercial uses, connectivity to other community's systems, connectivity to schools, connectivity to work places and overall benefit of the segment to the City-wide shared-use trail system. • Preparation of a Prioritized list of Shared-Use Trail projects - Include parameters of each project as a `stand alone' project that can be constructed independent of any other segment while providing a benefit to the system; - Include cost estimation for each project including land acquisition(where applicable), design and construction costs ■ Providing a context-sensitive solution to be addressed in Task 4, Concept Development 3. COORDINATIONAND PARTNERSHIP— The Governmental Body will coordinate with the Kendall County Highway Department and the Department's District 3 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. The United City of Yorkville envisions this task to be addressed as part of Task 2, Public Involvement, as explained above. Through this task the United City of Yorkville hopes to identify where projects are planned by other organizations along with identifying potential gaps in the shared-use trail system to aid in prioritizing projects along with the desired preliminary engineering as addressed in Task 4, Concept Development. 4. CONCEPT DEVELOPMENT— The Governmental Body will assess the performance and effectiveness of existing transportation plans; development specific 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. The United City of Yorkville envisions this task to include two subtasks, Shared-Use System Design and a Downtown Streetscape Plan, which are described below. Subtask 1 — Shared-Use Trail System Design The purpose of this subtask is to provide a standard guideline for the Shared Use Trail System. The product of this component should include recommendations for phasing improvements and provide a design and construction specification guide for all elements related to the trail system, including: • Cross section design; • Material specifications; • Pavement markings; • Path and roadway signage; • Wayfinding standards; • Typical landscaping improvements; • Handicap accessibility compliance; • Potential traffic control measures at conflict/crossing locations; • Typical traffic control requirements; • Typical path and roadway lighting; • Cost estimates for all elements above. Subtask 2—Downtown Streetscape Plan The purpose of this subtask is to provide a standard guideline for the pedestrian environment of the downtown area of Yorkville, generally bounded by Somonauk Street to the north, Mill Street to the east, Route 126 to the south, and Morgan Street to the west. The product of this component should provide a plan for integrating the shared-use trail system into the downtown area and to provide a guide for all streetscape elements within the downtown area. This subtask contains two components. • Task 1 —Downtown Pedestrian System Analysis • Prepare a map depicting the Shared-Use Trail System through the downtown area overlaying the existing downtown pedestrian system. This map should note points of pedestrian destinations, identify primary circulation routes, activity zones, and vehicular conflict areas such as street crossings. • Provide an illustrative narrative describing opportunities to: - increase public safety; - reduce conflict between non-vehicular and motorist traffic; - increase access to downtown for enhancing economic development; - provide/enhance connections to recreational opportunities. • Task 2 - Prepare Design Standards for Streetscape Elements. The streetscape elements defined should include all physical components typically housed within the streetscape. These elements should include (but not necessarily limited to): - Banners; - Lighting: - Benches; - Bike Racks; - Bollards; - Trash Receptacles; - Tree Grates; - Plantings— Street Trees, Planters, Hanging Baskets; - Signage and Way Finding; - Paving; - Stonework. Deliverables The deliverables listed at the end of Part 5 of the Intergovernmental Agreement includes final reports and presentations of the items below (listed verbatim). 1. City of Yorkville Integrated Transportation plan and Fox River Watershed. 2. Downtown streetscape and pedestrian design 3. Maps and Graphics The consultant is to provide the above listed deliverables with the inclusion of Deliverable 3 into Deliverables 1 and 2. Request for Proposal As part of the Request for Proposal the consultant is to provide at least: • A narrative description of how said consultant will provide the aforementioned scope of services in order to achieve Part 5 of the Intergovernmental Agreement. • Consultant is to provide all the deliverables outlined in Part 5 of the Intergovernmental Agreement along with the necessary copies for each deliverable. • A timeline of achieving the scope of services for the project. • Specific examples of projects done by the consultant for the Illinois Tomorrow Corridor Planning Grant Program and/or other projects/programs of a similar nature • A list of deliverables • A proposed budget • A list of references Request for Proposals are due by Friday May 9, 2008. Please submit your proposals to: Travis Miller, Community Development Director 800 Game Farm Road Yorkville, IL 60560 If you have any questions please contact Travis Miller at(630) 553-8573 or tmiller&yorkville.il.us or Stephanie Boettcher, Senior Planner, at (630) 553-8549 or sboettcher&yorkville.il.us Attachments 1. Part 5 and Part 6 of Intergovernmental Agreement for Integrated Transportation Plan and Fox River Watershed between the Illinois Department of Transportation and the United City of Yorkville it�)v Illinois Department Intergovernmental Agreement of Transportation Governmental 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 FEIWTIN 630-553-8531 630-553-7575 36-6006169 Brief Description of Service(full description specified in Part 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 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: I�hA j,a 'l LE 6 ).k Vf+ i=2(E gURI� 1c)-18-0 Signature of Authorized Representative Type r rin e o Authorized Representative Date FOR THE DEPARTMENT: E71 a le- a tins,Chie Counsel (AnDroviad a%to form) t Richard J.Smith,Director, Planning and Programming Ann L.Schneider,Director of Finance&Administration I%r 200f 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 UTIllinois 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 GOVERNMENTAL BODY's legal name and address 800 Game Farm Road Yorkville, Illinois 60560 Attn: Bartolomew A. Olson e-mail: bolson @yorkviIle.ii. 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 specified in Part 5. B. Compensation. Compensation (if any) shall be as specified in Part 6. C. Term of Agreement. The term of this Agreement shall be from execution to 06/30/2017.' 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 BODY'S 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 $100,000.00) 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 BODY's 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 or 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. 53322 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 BODY 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. 53322 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 "Certification 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 et 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.C.A. 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 of seq. , and implementing U.S. DOT regulations at 49 CFR parts 27, 37, and 38, 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 party procurement requirements of Federal laws, executive orders, regulations, and FTA directives, and requirements, as amended and revised, as well as other requirements FTA may issue including FTA Circular 4220. 1E1 "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 et seq., the Copeland "Anti-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, 11 62764 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 BODY's remittance address listed in this Agreement. C. Termination. If the DEPARTMENT Is dissatisfied with the GOVERNMENTAL BODY's 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 BODY'S 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 governmental 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 Department's District 0j 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 specific 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 6 COMPENSATION FOR SERVICES PARTICIPATION: FEDERAL FUNDING THROUGH DEPARTMENT STATE PLANNING AND RESEARCH (SPR) FUNDS $ 81 ,800 80% DEPARTMENT STATE FUNDS $ 10,200 10% FUNDING THROUGH GOVERNMENTAL BODY 1$ 0,220 10% TOTAL $1022000 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 of States, Local Governments, 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 Auditors 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 Auditors 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.Brooksaillinois.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 4vetknkA Cdr{OfyofVolt I certify that_did not expend $500,000 or more in federal awards in our fiscal year 6 and was not required to have a single audit conducted. � (Signature) 4afu( Subrecipient Contact Information Subrecipient: City of Yorkville Contact Person: UjmkS MkLLe42 Title: epkyyt 11V l am-t 1�lT �IK.>=NTH Address: 002 6411✓1-A" ROAD Phone No. fl+�� 553— S X73 yMf VlLLI. , IL boSToa Fax No. ((0 3„) 5S3 — 3'I3tp Fiscal Year End: A MkL 3b Email address: +M{I�ar@ it rkville.il.kS Intergovernmental Agreement Page 15 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10