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Economic Development Packet 2008 07-03-08 =®��o CrT® United City of Yorkville ^` 800 Game Farm Road ESL -. 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 gp �I3�k p Fax: 630-553-7575 W `2 <LE AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Thursday, July 3, 2008 7 :00 PM City Hall Conference Room Presentation: Minutes for Correction/Approval: 1 . May 29, 2008 Special EDC Meeting 2. June 5, 2008 Regular EDC Meeting Items Recommended by Plan Commission for Approval: 1 . PC 2008- 13 Cross Evangelical Lutheran Church — Annexation and PUD Zoning 2. PC 2008- 12 Zangler Annexation and Zangler Woods Subdivision Plat 3 . PC 2008- 15 Prairie Pointe Lot 2 — First Addition Subdivision (Preliminary & Final Plat) 4. PC 2008- 17 United City of Yorkville — 185 Wolf Street — Preliminary and Final Subdivision Plat New Business : 1 . PC 2008- 11 HRM Properties & Development, LLC — Courthouse Square PUD Amendment Request (Cannonball Trail/Route 34) 2. EDC 2008-25 Monthly Building Permit Report for May 2008 3 . EDC 2008-26 Monthly Plan Commission Report for June 2008 4. EDC 2008-27 Rush-Copley Stormwater Easement Agreement Amendment 5 . EDC 2008-28 Integrated Transportation Plan — Contract for Services Approval Economic Development Committee July 3 , 2008 Page 2 New Business (con't) : 6. EDC 2008-29 Amendment to Ordinance 2005- 11 — Building Code Section 503 . 1 .5 7 . EDC 2008-30 Future Meeting Dates Old Business : 1 . EDC 2008-21 Pulte (Autumn Creek Subdivision) — Water Main and Sanitary Sewer Recapture Agreements Additional Business: 2008 City Council Goals Economic Development Committee "Evaluate fiscal incentives. " Alderman Golinski Travis Miller Susan Mika 'Increase development standards, with heavy emphasis on multi family. " Alderman Besco Travis Miller Alderman Werderich "Facilitate large lot planning areas, with exploration on agricultural Alderman Besco homestead zoning district, and heavy emphasis on studying how we can Alderman Werderich Travis Miller make large lots economically viable in the marketplace. " "Bridges to river islands. " Alderman Besco Dave Mogle Alderman Werderich "Open space acquisition. " Alderman Sutcliff Dave Mogle Bart Olson "Strengthen the city 's role in economic development activities. " Alderman Means Brendan McLaughlin Travis Miller "Land use planning adjacent to Route 47, with research on how we can none Travis Miller help Route 47 ex anion via contact with Springfield. " UNITED CITY OF YORKVILLE WORKSHEET ECONOMIC DEVELOPMENT COMMITTEE Thursday, July 3, 2008 7:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: -------------------------------------------------------------------------------------------------------------------------------------- - l . May 29, 2008 Special EDC Meeting ❑ Approved as Presented ❑ Approved with Corrections 2. June 5, 2008 Regular EDC Meeting ❑ Approved as Presented ❑ Approved with Corrections --------------------------------------------------------------------------------------------------------------------------------------- ITEMS RECOMMENDED BY PLAN COMMISSION FOR APPROVAL: ------------------------------------------------------------------------------------------------------........------------------------- 1 . PC 2008- 13 Cross Evangelical Lutheran Church — Annexation and PUD Zoning ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PC 2008-12 Zangler Annexation and Zangler Woods Subdivision Plat ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes - - --------------- ------------------------------------ --------------------------------- -- ----------------- 3 . PC 2008- 15 Prairie Pointe Lot 2 — First Addition Subdivision (Preliminary & Final Plat) ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes ---------------------------------------------------------........------------.........---................------------------------------ 4. PC 2008- 17 United City of Yorkville — 185 Wolf Street — Preliminary and Final Subdivision Plat ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: ----------------- ---------------- ----------------------------------------- ----------------------- --------------- 1 . PC 2008-11 HRM Properties & Development, LLC — Courthouse Square PUD Amendment Request (Cannonball Trail/Route 34) ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2008-25 Monthly Building Permit Report for May 2008 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes -------------------------------------------------------------------------------------------------------------------------- ------------- 3 . EDC 2008-26 Monthly Plan Commission Report for June 2008 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. EDC 2008-27 Rush-Copley Stormwater Easement Agreement Amendment ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. PC 2008-28 Integrated Transportation Plan — Contract for Services Approval ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes -----------------------------------......-------------------------------------------------------------------------------------- -------- 6. EDC 2008-29 Amendment to Ordinance 2005-11 — Building Code Section 503 . 1 .5 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes -----------------------------------------------------------------------------------...... ---------------------------------------------- 7. EDC 2008-30 Future Meeting Dates ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: ----------------------------------------------------------------------------------------------------------------------........ --------- 1 . EDC 2008-21 Pulte (Autumn Creek Subdivision) — Water Main and Sanitary Sewer Recapture Agreements ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- r . ° United City of Yorkville DRAFT ° �j iN CCount/y� Seat of Kendall Coounty EST �. - ..-_.. . 1836 000 Game Farm Road o Yorkville, Illinois, 60560 vim ' ?° Telephone : 630-553-4350 Cr Yorkville/Plattville Joint Planning Discussion Meeting Summary Economic Development Committee Special Meeting Thursday, May 29, 2008 Yorkville Public Library Conference Room 902 Game Farm Road ATTENDEES: United City of Yorkville Economic Development Committee Gary Golinski, Chairman; Joe Besco; Marty Mums; Village of Plattville Representatives Jerry Friel, Mayor; Chester Zmarzlinsk; Betty Longelord; Susan Brusveen; Michelle Steffa; Eugene Augustine; June McCord; United City of Yorkville Plan Commission Members Anne Lucietto, Chairman; United City of Yorkville Staff Brendan McLaughlin; Travis Miller; Stephanie Boettcher; Guests Wally Werderich, Ward I Alderman; Ralph Pfister, YBSD; Richard Scheffrahn, Yorkville Fagade Committee Cbaimran; Lauren Free, Kendall County Record; Susan Speath, Resident Meeting Called to order at 7:00 pm by Gary Golinski, Economic Development Committee Chairman. Gary Golinski welcomed the group and requested introductions by all in attendance. Golinski thanked the representatives from Plattville for coming to the meeting and stated the EDC's intention for calling the meeting was to open a positive dialog with Plattville in an effort to work together on the common goals of our communities. Travis Miller, Community Development Director, gave an overview of the Yorkville Comprehensive Plan Update process currently underway. Miller explained that the Yorkville Plan Commission has requested the City Council to determine and instruct the Plan Commission on their preferred planning area boundary as the future land use map component of the Comprehensive Plan update is prepared and briefly recapped for the group some previous EDC meeting discussions related to this planning area. Plattville is near the southern portion of the current planning area, thus leading to the purpose, and need, for this meeting. Golinski asked Anne Lucietto to describe the current Comprehensive Plan Update process. Lucietto explained how the Citizens Advisory Committee was formulated and some of the highlights of the process to date, including the land uses proposal discussions tending toward low density residential in the southeast portions of the planning area. Joe Besco went further into the need for the meeting between the two communities. He spoke to the EDC's effort to determine the planning area boundary and the discussion of the committee to take the planning area further south to Route 52 (the current southern boundary is at Helmar Road). Besco envisioned an agreement between the two communities, which would allow for a revenue sharing component of commercial corridors, such as Route 47, Route 52, and the Prairie Parkway interchanges with these routes, which would also include extending sanitary sewer service to this area. Besco also spoke to the attractiveness of the land around Plattville and in Yorkville's southeastern part of the planning area. Besco would like to see zoning in this area which would be very low density and preserve the natural features. Mayor Jerry Friel, Plattville spoke to their community's intent. He stated that he would like to see further annexation of properties into Plattville along Brisbin Road. The community also needs to locate a business area for commercial development. The town, of approximately 240 persons, is newly incorporated into Kendall County and they have recognized that growth is coming and while they can't stop growth, it can be managed. Talks turn to sanitary sewer service and the potential for Yorkville Bristol Sanitary District (YBSD) to serve Plattville. Ralph Pfister, YBSD Executive Director stated that the current district planning boundary at the south is Caton Farm Road. Pfister mentioned that beyond Caton Farm road there would be some difficulties in service due to the topography of the area and the extreme costs associated with topographic challenges. Sewer service may be more feasible from Minooka or other communities with less topographic challenges and advised Plattville to pursue discussions with them as well, if not already underway. Discussion continued on sanitary service, namely the benefit of having sanitary sewer as opposed to septic. It was acknowledged that septic tanks can service low density areas, but if a community wants to have intense commercial uses, sanitary sewer would be needed as it can also help attract these services to a community. Alternatives to sanitary sewer service were brought up. Pfister stated that membrane technology could be a potential for Plattville. The high water table in Plattville was brought up as a potential deterrent to land applications. The High Grove development on Grove Road was mentioned as a model for utilizing alternative technologies for sanitary sewer service. However, it was again mentioned that this residential neighborhood is a much lower intense use then any commercial use which Plattville would hope to see in its future. Ultimately, Pfister recommended that a feasibility study be done to see if YBSD service could be extended to Plattville or if another community or alternative technologies would be a better provider. Chester Zmarzlinsk from Plattville stated that the goal of the community is to stay an agricultural community. However, they have discussed a vision for the future of Plattville and a potential planning area. This was described by June McCord as Caton Farm to the north, Brisbin Road to the east, the section line south of US 52 to the south, and IL 47 to the west. Plattville realizes that a commercial area for the community would be vital in order to pay for the long term maintenance costs for the upkeep of the community, i.e. road maintenance. They saw frontage on Caton Farm Road as one of their best shots at getting commercial development in their community. Zmarzlinsk spoke to the recognition of market demand for future land uses, and while many in Plattville want the community to remain agricultural, that others are willing to sell their land and move their farming operation elsewhere. Zmarzlinsk, along with the rest of the community leaders in Plattville, just want to do what is best for Plattville not only today, for generations to come. One of the first steps in this process will be drafting a comprehensive plan in order to establish municipal zoning in the community. Anne Lucietto offered her assistance to the Village of Plattville, especially with their future work on a comprehensive plan and stated she plans to approach the City Council with a request to provide planning assistance to the unstaffed surrounding communities, including Plattville based on requests she has recently received from other communities. Lucietto invited the representatives from Plattville to the Comprehensive Plan Open House on June 19th. She mentioned this would be a good way to stay informed as a community of Yorkville's intentions for our planning area, but also to help them understand the components of a comprehensive plan and the comprehensive planning process. Gary Golinski thanked everyone again for their attendance and thought this first meeting between the communities went very well. Meeting Adjourned at 8: 15 pm. Page 1 of 6 RAF UNITED CITY OF YORKVILLE ECONOMIC DEVELOPMENT COMMITTEE Thursday, June 5, 2008, 7pm City Conference Room In Attendance: Committee Members Mayor Valerie Burd Chairman Gary Golinski Alderman Joe Besco Other City Officials: City Administrator Brendan McLaughlin Alderwoman Rose Spears Community Development Director Travis Miller Attorney Kathleen Orr City Planner Charlie Wunder Other Guests: Tony Scott, Kendall County Record Attorney Gregg Ingemunson Attorney Kelly Kramer YEDC Director Lynn Dubajic Ben Underwood, Titanium Develop. Delene Drew, Newark SD #66 John DeMay, Newark SD #66 Bob Rychlicki, Kane McKenna Scott Melby, Raging Waves Mr. Slifka, Tri-Land Properties R. F. Dube, Tri-Land Properties Hugh Robinson, Tri-Land Properties John Andrews, Tri-Land Properties Gary Neyer, Marker, Inc. Scott Gengler Larry Saravanos, Saravanos Properties Paul Bertie, Atwell-Hicks Pauline Berggren Newark High School Michael Mallon, Time-O-Matic The meeting was called to order by Chairman Gary Golinski at 7:03pm. (Agenda items out of sequence) New Business: 2. EDC 2008-19 Monthly Building Permit Report for April 2008 This is informational only with trends being the same as previous months. Travis noted a spike in April and a total of 70 residential units for the year. An updated population projection for the third quarter will be presented at the July EDC meeting. 3. EDC 2008-20 Monthly Plan Commission Report for May 2008 This report is also informational and was recommended for approval. Minutes for Correction/Approval: April 3, 2008 and May 1 , 2008 Both sets of minutes were recommended for approval as read. Page 2 of 6 (out of sequence) Old Business 1. EDC 2008-12 Economic Incentive Policy — Update/Discussion This will move forward to July. (out of sequence) New Business- 5. EDC 2008-21 Pulte (Autumn Creek Subdivision) — Water Main and Sanitary Sewer Recapture Agreements This item was tabled Meeting protocol questions were briefly discussed since only two committee members were present. It was noted by Attorney Orr, that the Governing Ordinance requires three votes to move an item out of committee. Items from Plan Commission Recommended for City Council Approval: 1. PC 2008-03 Zoning Ordinance Text Amendment — Chapter 14, Sections 10-14-5, 6, 7, 8, 9 Golinski noted that this was a "housekeeping" item with a recommendation that anyone who lives within 500 feet of a zoning variance request, must be notified and proof must be provided. This moves to the consent agenda. 2. PC 2008-07 Richard Marker Associates, Inc. — Southeast Quadrant IL 47 1Ament Road 1-112 Mile Review Miller said this item was recommended by Plan Commission with a series of items for the County Board to consider. The Board felt it was important for the County to recognize the Comprehensive Plan guidelines. One of those considerations is a 1 - 1 /2 mile review. The zoning was also discussed along with some of the possible uses. Besco noted concern for a potential liquor store or tavern in close proximity to a school. However, since the area is unincorporated, Attorney Orr said the City does not have control. The Plan Commission recommended that it be called a "special use". Alderwoman Spears suggested removing the liquor type businesses from permitted uses. If the "special use" were to be kept, the setback should be increased to 500 feet from schools and churches. This item moves to City Council. 3. PC 2008-08 DTD Investments, LLC (Fountainview) — Annexation Agreement Amendment Request The petitioner has agreed to a shift in the front yard setback and a reduction in the side yard. The Plan Commission concurred with a motion to approve and the amendment will include these variations. This item will move to the June 24th City Council meeting for a Public Hearing. Page 3 of 6 4. PC 2008-09 Stagecoach Crossing — Preliminary and Final Plat of Subdivision Request This is a request to subdivide the lots in this development with separate deeds being created for each lot. Attorney Orr noted that covenants assigned to the title will be retained with any transfer of ownership. This moves to consent agenda on June 10"h. 5. PC 2008-10 Titanium Investment Properties (Children ofAmerica Daycare) — Special Use Request This item has gone through the Plan Commission and they recommended approval. The only concern was that the entrance to their lot is through lot #2. This lot can be split. This will move to Plan Commission for subdivision plat on June 11 lb and move to EDC in July. New Business: 1. EDC 2008-18 Newark School District — Title 8, Chapter 9 City Code Amendment Request (Transition Fee Ordinance) Miller reported that a city code is already in place that provides for school transition fees, but there was only one school district for Yorkville at that time. The amendment will recognize the fact that there are two additional school districts in the City. Resolutions by the other school districts agree to hold the City harmless and accept the transition fees. The agreed-upon fee is $3000 per residential unit. This item moves to the consent agenda. (out of sequence) 4. PC 2008-14 O'Keefe Annexation Agreement Amendment (Raging Waves Signage) Chairman Golinski noted that the water park would open on June 21St. Raging Waves representative Scott Melby said that several radio stations are vying for remote broadcasts, they have sold 350 season passes and 6,000 vouchers have been issued in response to a school reading program. He said his company was very impressed with the Yorkville area employees and also praised Lynn Dubajic for her efforts. Alderwoman Spears asked that ribbon-cutting ceremony be scheduled for an early evening or weekend to allow all the aldermen to be present. The company is requesting an amendment to the annexation agreement. Raging Waves is relinquishing 4 signs in order to have 1 larger sign with a positive recommendation from The Zoning Board. Miller said the ZBA had discussed the area of the sign and that exhibit would become part of the Annexation Agreement. A Public Hearing will be held June 10'. 5. EDC 2008-21 Pulte (Autumn Creek Subdivision) — Water Main and Sanitary Sewer Recapture Agreement This item was tabled at Pulte's request and will come back in July. Page 4 of 6 6. EDC 2008-22 Yorkville Crossing Unit I (Wal-Mart) — Time Extension for Recording Request Wal-Mart is requesting their second extension to August 22, 2009. They are hoping to close on the property this year and break ground next year. A new prototype store design is also being considered. Permits to widen Rt. 34 have been approved by IDOT. The committee recommended approval of the time extension and this will move to the consent agenda. 7. EDC 2008-23 IDOT Letter of Understanding — Countryside Center Drive Tri-Land representatives were present and Richard Dube gave an overview of the revised concept plan for Countryside Center. The plan consists of 4 main buildings in prairie- style architecture and it includes a possible hotel. Mr. Dube said his company is ready to bid their project out this fall. Another component of the plan is to bring Countryside Parkway and Center Parkway into this development. Alderwoman Spears commented that feedback from area residents shows they are not in favor of a hotel. She said it might be more appropriate closer to the new water park. Mr. Dube said there is not much likelihood of a hotel at this time. She also asked why the project had been downsized. Mr. Dube replied that the issue is money and the proposed underground parking garage alone would cost $6 million. She expressed concern over the length of time it has taken for this project and would like it moved forward. Travis Miller discussed the permit process necessary to proceed with construction on Rte. 47 that is tied to the incentive agreement. Due to a timing issue, this agreement was not sent through the Public Works committee. He said a signal would be needed to serve businesses to the east such as Dunkin Donuts. When improvements are made to Rt. 47, some businesses will only have right in/right out access. Staff recommends extending the existing alleyway near Burger King and other nearby businesses to allow access to the signal. City Administrator McLaughlin said the IDOT letter of understanding should be placed on the consent agenda for the next City Council meeting and the financial issues will be handled along with the Redevelopment Agreement. Mr. Dube said Tri-Lands is almost 100% into renovation of shopping centers and he cited the various projects they have completed. This also included a TIF in Kansas. Discussion turned to the Redevelopment Agreement and economic incentives. Golinski commented that the City has never exceeded 25% of the project costs. Attorney Orr said a revised budget of proposed costs had been received in February. The City reviewed the budget and found that some costs would not be reimbursable. She suggested that a reduction of $4,822,237 was needed. The cost of the roads was further deleted leaving a cost of $37 million. Total economic incentives would then be based on $9.4 million. Page 5 of 6 Ms. Orr said the developers have requested that the balance of the TIE bonds be distributed to them. She recommended the balance not be given until the City has ` something in hand'. $550,000 has been requested at this time. It was recommended that the TIE money be used for the roads. She added that the City is at risk for the $500,000 in bonds issued for the demolition. She also said that TIE bonds cannot be marketed unless the developer has signed leases in place. Alderwoman Spears asked if the TIE bonds would affect the City' s bond rating. Ms. Orr said it would not. Attorney Orr indicated that direction is now needed from City Council to continue to negotiate. A resolution will be presented to the City Council in two weeks to seek approval of the concept plan and give direction to proceed. Old Business: (out of sequence) 2. EDC 2007-38 Sign Ordinance — Update/Presentation Travis Miller briefly summarized concerns that ZBA member Mike Skinner had regarding signs. City Planner Charlie Wunder then introduced Michael Mallon from Time-O-Matic, a sign company. Mr. Mallon has assisted other suburban towns with their sign ordinances. Wunder said electronic signs today are all LED signs and are much more energy- efficient. He noted that the school district has LED message boards and area gas stations also have LED signs. Mr. Mallon gave an overview of his experience with electronic signs and said a study was done showing no correlation between safety and moving signs. The revised draft of the proposed sign ordinance proposed to allow the electronic signage because some businesses asked to have such signs. Miller added that the technology has changed so rapidly and those signs are more energy-efficient. It was noted that the ordinance would include a minimum 60-second duration of the message and movement (fading or scrolling) and that flashing signs would be prohibited. Mayor Burd stated her opposition to any moving signs and said that some companies have already removed these types of signs. Besco agreed saying that he does not want them in business districts. It was noted that smaller businesses might find it difficult to purchase an LED sign if those were required. A revision will be done and brought back to the June 24th Council regular agenda. Page 6 of 6 Additional Business: Golinski suggested the approval and review process for developers be revised after a conversation he had with some area developers yielded suggestions on streamlining the process. He suggested a timeline to show what is expected at given intervals. The engineering review was the biggest issue. Administrator McLaughlin has asked to be copied on any emails starting May I s` regarding any reviews. If he sees a review has been stalled, he will initiate further action. Mayor Burd suggested that the City issue a list of requirements at the beginning of the project. The practices of other towns should also be reviewed. The meeting date for EDC has changed to the first Tuesday of July. Project Light Speed is going to be started soon. The Cable Consortium Attorney is being consulted on this project. There was no further business and the meeting adjourned at 9:27pm. Minutes by Marlys Young, Minute Taker `,�O CJp` Reviewed By: Agenda Item Number J� y , T Legal ❑ C i Finance ❑ Esc , - _ 7836 Engineer ❑ — < y City Administrator ❑ Tracking Number D Consultant El` PC 2008-13 Agenda Item Summary Memo Title: Cross Evangelical Lutheran Church–Annexation and PUD Zoning Meeting and Date: EDC/July 3, 2008 Synopsis: Request for annexation and PUD zoning with a Concept PUD Plan Council Action Previously Taken: Date of Action: n/a Action Taken: Item Number: Type of Vote Required: majority Council Action Requested: Approval of Annexation and Concept PUD Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report ,SO'® ci, y Memorandum 2 O To: EDC Ilk From: Travis Miller/Stephanie Boettcher EST. , a � 1836 CC: Lisa Pickering, Deputy Clerk (for distribution) =� Date: June 26, 2008 40 (a1 0) Subject: PC2008-13 Cross Evangelical North Campus (Annexation, Rezoning and Concept PUD) <kE ®>?' Background The Plan Commission reviewed the petition June 11 , 2008 and made the following actions: Motion to recommend approval of Annexation 6 ayes; 0 no Motion to recommend PUD Zoning subject to addressing staff comments. 4 ayes; 2 no Members voting no stated concerns related to the commercial use proposed on the concept plan, specifically the broad range of uses that could occupy that space as proposed by the PUD. Comprehensive Plan Recommendation for the Property The 2002 Comprehensive Plan proposes Public/Quasi Public land use for the subject property. The Comprehensive Plan for Public/Quasi Public Land Use states: "[Intent] to locate existing City, County and sanitary district facilities, as well as school, park and church properties, cemeteries and other non private land uses. The Comprehensive Land Use Plan Update assumes that these future facilities are allowed within various land use categories illustrated on the plan as deemed necessary by the City...[Design Guidelines] Require all development within the Public/Quasi Public Land Use to maintain the same high standards of site, architectural, and landscape design required of residential, commercial and industrial developments. Include significant buffering in all site designs when located adjacent to residential uses. " Concept Plan The concept plan, requesting a P.U.D zoning, has two land use components, a commercial component at the southwest corner of the parcel and a public/quasi public land use component for the remaining parcel. The commercial component would have uses consistent with the B-3 zoning classification and the rest of the parcel would be consistent with R-2 zoning classification. Religious institutions, within the City of Yorkville, are allowed by right within residentially zoned districts. Although a P.U.D zoning is requested, the zoning requirements for B-3 zoning and R-2 zoning are provided as a reference for the individual components of the P.U.D. 1 Staff Comments and Recommendations: • While the overall Concept Plan is not entirely consistent with the Comprehensive Plan land use recommendation due to the commercial component, the zoning classifications identified within the P.U.D are consistent with the surrounding properties' current zoning; • Design Guidelines from the 2005 Comprehensive Plan should be considered for this development, particularly focusing on one architectural style to serve as a cohesive element. The design should be residential in character and reflective of the surrounding neighborhood's architectural style. Staff recommends incorporating these guidelines into the Annexation Agreement; • Staff recommends a trail along the northern property line connecting Grand Reserve to New Life should be included on the Concept PUD with a provision addressing the timing of construction in the Annexation/PUD Agreement; • The City's parking ratio for religious institutions is I parking spot for each 6 seats and adequate space provided for any buses used in conjunction with the Church. The number of seats associated with the church was not provided so staff is unable to confirm that adequate parking is being provided. The location of the proposed parking meets the City's parking location requirements. • In other day care proposals, the off-street parking requirements for a day care facility were established by Anna Kurtzman, Zoning Coordinator, as 1 parking spot per employee plus I parking spot per 10 students. Staff has not received information detailing the number of employees and students at the facility. It is requested that the petitioner provide the number of employees (teachers and administrative) and students to staff in order to confirm that adequate parking is being provided. • The proposed ROW for Mill Road is 100 feet. A 50-foot dedication should be required as a provision of the annexation agreement and be dedicated upon annexation; • Grande Reserve Unit 28 (a.k.a. Neighborhood 4) has a proposed private roadway intersecting Mill Road about 240 feet west of the east property line of Cross Lutheran Church. The proposed Cross Lutheran entrance, which is also presumed to be private, is shown about 530 west of the east property line. Even though these side roads will be private, they will function similar to public streets, and therefore staff recommends that the spacing between them be 400 feet. As shown they would only be 290 feet apart; • Grande Reserve Unit 20 (a.k.a. Neighborhood 2) is directly east of the Cross Lutheran property. Unit 20 will have single-family homes backing up against the northern half of the Cross-Lutheran property. Landscape buffer a minimum of 30 feet wide should be provided along this boundary; • Grande Reserve Unit 20 also has a stormwater basin adjacent to the southern half of the Cross Lutheran property. Staff recommends the owner explore the possibility of cooperating with the Grande Reserve developer to enlarge this basin to satisfy their stormwater detention requirements; • Grande Reserve Unit 20 has stubbed an 8" watermain to the NE comer of the Cross Lutheran property. The proposed stormwater basin blocks the extension of this watermain. The watermain should be extended through the Cross Lutheran site and south to the 16" watermain on Mill Road. 2 Special Use: A daycare facility is currently operated on the property and the petitioner plans to continue this activity once annexed to the City. Daycare is a special use and staff recommends the Plan Commission consider the following criteria when formulating a recommendation of this annexation request: Special Use Standards (10-14-6 of Zoning Ordinance) F. Standards: No special use shall be recommended by the Plan Commission unless said Commission shall find that: 1 . The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 3 . The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission. (Ord. 1973-56A, 3-28-74) Annexation Agreement The proposed Draft Annexation Agreement is attached for your reference and review. A public hearing regarding the agreement has been scheduled for July 22, 2008. Staff is currently reviewing the agreement and will provide a report/comments prior to the public hearing. 3 r r C oss _i Lutheran Property i J ,r'I kLAII II` .4 .1 �?ti 'i EXHIBIT "n" Exhibit from New Life Church Annexation Agreement - 01 %IC rill I �� LL 1� wN or. � , cc If QN n. F S 1 i irk cF 'S W W W ?� I Ha .;.! ! prj W � t ( zaa X D " V js 'f $ 3 II I W Q W Zg WJ �' L1N 7jS I ¢ H ¢ UW ¢ --i :WW it CCW W a oUO aF_- � 4_ � `° I� I (J [C > F' .Wy i i Os � x � � i, )It W i ¢ R \ J W I z - Vy o Iq m I ! � y � ' • Fa ° 11 s � c7 ~ W a I) < ` IJ LU °1c? d z �` NoN � o . � Jf� aoAp f � Lu D) 0 ' \ KEN s v a p W 3 0 m W W ¢ o y 3 ~ Ox a �0Wik Xk > Qrr � ; 84 ,cr i MOW i k I I Draft: 05/26/08 { r F� b a bw ANNEXAMON AGREEME _ (CROSS EVAN )ii + HERAN $NCH) ";� g:. �} e THIS ANNEXATION T ("Agr nt"), is made and entered into as of this _ day of 008, b d betty CROSS EVANGELICAL LUTHERAN CHURCH, an is Not Fo fit Corpor owner of approximately 25.00 acres of property at 74 11 Road in ty, I is. Permanent Index Numbers 02- 11 -400- 006-0000 (herei colle "OWNER" and as "OWNER"), and the UNITED CITY O ' I LE, a mumc pal corporation organized and existing under and by A laws o to of Illinois (hereinafter referred to as "CITY") by and through its ermen orate Authorities"). OWNER and the CITY are sometimes fter refers ;x 'ndivi as a "Party" and collectively as the "Parties". N 120461/1 1 RECITALS: A. OWNER is the owner of record of a certain parcel of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit "A" (herein ferred to as "SUBJECT PROPERTY"). B. OWNER desires to annex the SUBJECT PROPERT CITY for the purposes of developing a church, daycare, community center fac' and r uses along with other business uses. C. OWNER desires to proceed with the devel y t of a church facility a ith various other commercial and office uses in accord ith the to and provisions o is Agreement. D. OWNER proposes that the SUBJECT PR be zoned as a Planned Unit Development ("PUD") under provisions e City Zoning ce ("Zoning Ordinance"), with uses consistent with the R- 1 On nce Di stn I B-3 Service Business District, as depicted on the Legal D tions Pare " s attached hereto and incorporated herein as Exhibit `B". E. All publ' s require aw, have been duly held by the appropriate hearing bodies of upon atters co d by this Agreement. The Plan Commission conducted a pu earing reg the request ning and conceptual site plan on June 11, 2008. The Plan issi berations on this case at their June 11 , 2008 meeting. Counc cted the public hearing on the annexation agreement on 20 F. Th Y an R have given all appropriate notices due to be given suant to applicabl visions of the Illinois Compiled Statutes and the City Code. G. The C to Authorities, after due and careful consideration, have concluded that ecution s Annexation Agreement subject to the terms and provisions of this Agreeme zoning, subdivision and development of the SUBJECT PROPERTY as provided for em, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and 120461/1 2 development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. H. (i) Each party agrees that it is in the best interests of the O ER and the CITY to annex and develop the SUBJECT PROPERT cribed in the Attached Exhibit "A" as a PUD in conformance e United City of Yorkville Comprehensive Plan. (ii) Each party agrees that it is in the best int re f the loc ermmental bodies affected and the OWNER to ide for specific ance standards in the development of th . JECT PROPERTY. (iii) Each party agrees that it is ' est inter the OWNER and the CITY that the SUBJECT PROP b eloped in an orderly and efficient fashion. (iv) Each party agree bstantial impa be placed on the services of the United Ci f d other rnmental agencies by development of said prope (v) The CT PROP ontiguous o the corporate boundaries of I. It i esire of ITY and t WNER that the development and use of the SUBJECT PR Y proce fly may be, in accordance with the terms and provisions of this d be sub e applicable ordinances, codes and regulations of the in for effect, except as otherwise provided in this Agreement. WNE is representatives have discussed the proposed annexation and e had public h s with $ Plan Commission and the City Council, and prior to the ution hereof, not was duly published and a public hearing was held to consider this A ent, as requir the statutes of the State of Illinois in such case made and provided. , T ORE, in consideration of the foregoing preambles and mutual covenants and agree ntained herein, the Parties hereto agree to enter into this Agreement. The Parties hereto her agree to supplement this Agreement with the Petition for Zoning and Annexation, and drawings submitted therewith to be approved by the City Council upon the 120461/1 3 following terms and conditions and in consideration of the various agreements made between the parties: 1 . LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended e to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois tution. 2. ANNEXATION AND ZONING. As soon as reaso p ble following the execution of this Agreement, the Corporate Authorities shal a t such or es as may be necessary and appropriate to annex and zone the SUBJE OPERTY under rind Unit Development District, under provisions of the Zo rdinance. The zoning ma e CITY shall thereupon be modified to reflect the clas ions of th JECT PROPERTY as aforesaid. OWNER agree that the SUBJECT PROPERTY s developed in accordance with the ordinances of the CITY, unless orb vide d for here agree to follow all of the policies and procedures of the CITY in c • c ch de el t except as modified in this Agreement. 3, MODIFICADQNS OF L DES. T e specific modifications and deviations from the C of es, rules, codes contained herein have been requested, approved and are ed with r ct to the d pment, construction, and use of the Subject Property ("Pe Modifica ' (A) The ch an c e use on the Subject Property shall continue. O e allo expand the church and child care facility upon that portion of the S Prope ed in -1 District (the "Loving Arms Expansion"), as shown on the ncept Plan, atta hereto xh'bit C and subject to final engineering approval by the Y. The Loving s Expansion's design shall be consistent with the existing building. S ility built up e Subject Property shall be allowed to be built to a maximum building heigh fiv feet. The Loving Arms Expansion construction shall be Phase I of OWNER' ment of the Subject Property. (B) WNER shall be allowed to construct a Community Center/Worship Center/School Facility on the 10. 14 acre parcel shown on Exhibit C, to a maximum height of fifty-five (55) feet, and subject to complying with the CITY's ordinances, including, but not 120461/1 4 limited to, parking, setbacks, lighting and landscaping as well as the Design Guidelines from the CITY's 2005 Comprehensive Plan. The church steeple shall have a maximum height of one- hundred and ten (110) feet. This construction shall be Phase II of OWNER'S development of the Subject Property. (C) OWNER shall be allowed to construct, maintain, an 4 rate an outdoor recreation facility located within the R-1 area of the Subject Prope c oor recreation facility may include paved surfaces and equipment necessary for ka oarding, skating or for any other outdoor recreational activities which the O ay wish to engage J n the Subject Property. Such outdoor recreation facili - be constructed, operat d maintained by OWNER' S and will comply with CIT . ding and s `.nodes. (D) CITY agrees that all signs which are p ed Chapter 12 of the CITY Zoning Ordinance for Business Districts shall be pe within the Subject Property. OWNER shall be allowed illuminated t signs up to dred (100) square feet in area advertising the facility. Furtherm be alloo construct permanent stone entry monuments upon the Subjec perty. ents shall be permitted at existing entry points locate the Mill R (E) OWNE " ` ed to ill J ate the church steeple and parking lots within the R-1 portion o ubject Pr provid owever, that the illumination is foot candles at the Property (F) O that the - meted in Exhibit D to this Agreement shall be pro hib' in the ervice Business District zoned portion of the Subject Property. g in thm aph o it D shall be construed to prevent OWNER from prohibiting 11 sole an d abso scretio er uses in R- 1 or B-3 portions of the Subject Property. 4. UTIL S EASEMENTS DEDICATIONS AND PUBLIC I ` VEMENTS. R agrees that any extension and/or construction of utilities and public ove shall be performed in accordance with existing CITY subdivision regulatio feed by this Agreement. Any on-site work and the cost thereof shall be the responsibility f OWNER except as otherwise provided in this Agreement. OWNER agrees to the following: 120461/1 5 (A) Upon annexation, OWNER shall dedicate a portion of the SUBJECT PROPERTY along Mill Road such that grant the linear distance from the centerline of Mill Road north is fifty feet (505). OWNER shall pay the cost of surveying, preparing and recording the dedication. (B) As part of OWNER's Phase II construction, or upon re the CITY, OWNER shall grant a 10' wide trail and water main easement along the rn portion of the Subject Property, approximately as shown on Exhibit C. A parry o ER shall pay the cost of surveying, preparing and recording the easement, as wel any cons required to install the water main. The easement shall be part of the re landscape buffer. 5, SECURITY INSTRUMENTS, A. Posting Security. OWNER shall dep cause t posited, with the CITY such irrevocable letters of credit or sure ecurity Instruments") to guarantee completion and maintenance o ublic improvements to be constructed as a part of ent of each of Development as are required by applicable or ces o if an . e OWNER shall have the sole discretion, subject mpl' w s Compiled Statutes, as to whether I le letter o or surety bond will be used as the Security Instru The unt and on of each Security Instrument shall be as re by appli e ordinanc f the CITY. The City Council upon r endati i e r, may from time to time approve a reduction or re the Security Instruments by an amount not in excess of eighty perce %) of the value certified by the City Engineer of the completed w Ion a balance remaining in the Security Instruments is at least equal e hun d ten percent (110%) of the cost to complete the remaining public ' ovements for the applicable Phase of Development. Pe ' roadways and onsite improvements may be dedicated, constructed, a onded as independent Phases of Development at the sole discretion of the R, as long as adjacent phases are seventy percent (70%) constructed. B. Acceptance of Underground Improvements and Streets. The CITY, once it has had the opportunity to inspect and fully confirm that the public improvements 120461/1 6 required to be constructed under this Agreement comply with CITY approved plans, specifications, and ordinances, shall approve all such public improvements, all in accordance with Section 21 of this agreement, and shall accept their dedication subject to the OWNER'S warranty, as described , and shall thereafter operate, maintain, repair, and replace all suc is improvements located therein. The procedure for acceptance of impr n ' 1 comply with CITY ordinances. OWNER warrant that all pubic rovemen fired to be constructed by them hereunder shall be fre defects in wor p or material for a period of one (1) year after tance thereof by the Cl on notice from CITY, OWNER shall p , y comme o remedy any defects covered by the foregoing warranties, an ' iti reto, in the event that any construction or build out activity within a " se of the development of the SUBJECT PROPERTY ' " ed to have d any public improvements previously installed by O SUB JE OPERTY, then, upon notice thereof from the Cl v OWN tly commence to repair or replace any ublic imp so damaged. C. Reducti Within sr 60) calendar days after (a) receipt of notice fro OWNER certain o ublic improvements and facilities within a of the S ER under development have been completed, and f to the CIS" =a11 required documentation (including without tatio terial certifications), the City Engineer shall inspect said emen indicate, in writing, either his approval or disapproval of the sam uch im ements are not approved, the reasons therefore shall, within said s (60) calendar day period, be set forth in a written notice to the O Upon the OWNER'S correction of the punch list items set forth in said no e City Engineer, at the OWNER'S request, shall re-inspect the ovements to be corrected and either approve or disapprove said provements, in writing within sixty (60) working days of receipt of the OWNER'S notice requesting said re-inspection. As public improvements are partially completed and paid for by the OWNER and accepted by the CITY the 120461/1 7 Security Instruments deposited by the OWNER with the CITY, if requested by the OWNER, may be proportionately reduced or released on an individual improvement-by-improvement basis. Notwithstanding anything herein to the contrary, the CITY shall have no obligation to reduce or release - ast ten (10%) of any Security Instrument provided hereunder until all ty obligations of OWNER secured thereby have lapsed. D. Construction of Offsite and Onfite Im rovem s. Durin se I of construction, OWNER shall construct the Lo I rrns Expansion, on Exhibit B. Simultaneously with the cons n of the Loving Arms Exp Owner shall construct the expande modified g lot and additional retention, if necessary. All other d improvements shall be constructed as part of the Phase II construct ER has provided adequate road access (i.e. gravel aved roads) t is for emergency vehicles and has provided sufficie ate or fire fi ,,purposeS. E. Utility Permits The Cl 11 is OWNER to authorize the commence - of cons utility improvements on the SUBJECT PROP o arcel or e thereof prior to: (i) approval of a final plat o ivision; rior to c tion of the CITY utility improvements 'ded: (1) on i dertaken at the risk of a party seeking to im work; ed engineering plans for such improvements ave b roved by the CITY that are sufficient in detail for the CITY to e e and scope of the improvements being constructed: (3) the pre su ' ion plat for the Phase upon which the improvements are being structed has been approved by the CITY; and (4) the IEPA and the Fox Metr ater Reclamation District, as applicable, have issued permits for the G c 'on of sanitary sewer and water lines for the Phase or Unit on which the rovements are being constructed. The CITY agrees to process IEPA sewer and water permit applications separate and apart from the review of final engineering plans so that the IEPA will be in a position to issue such permits prior to CITY approval of final engineering plans. OWNER acknowledges that 120461/1 8 the CITY signatures on the IEPA permit applications do not constitute final plat or plan approval. OWNER shall indemnify the CITY against any claims, actions or losses the CITY may suffer, sustain or incur because other governmental agency takes action against the CITY after OWNER undtdevelopment activities pursuant to the provisions of this Subsection 5. 6. PROCEDURE FOR ACCEPTANCE PUBLIC IMPROVEMENTS. Upon completion of other public improve en of cons pecific to any individual neighborhood (i.e. park areas, offsite utilitie ' perty owner asso open space areas) in each Phase or Unit of Development; proval by the City Counc n recommendation by the City Engineer, OWNER s e entitled - release or appropriate reduction of any applicable SECURITY INSTRUME e maintenance SECURITY INSTRUMENT remaining in place for a one year period fro date of approval by the CITY. 7. AMENDMENTS TO GANANCES. All or es, regulations, and codes of the CITY, including, without limitatio se to subdrn ontrols, zoning, storm water management and drainage, compreh ve Ian related restrictions, as they presently exist, except as ed, varied, ed by the terms of this Agreement, shall apply to the SUBJEC and its d pment for a period of five (5) years from the date of this Agr t. Any endments, al, or additional regulations, which are subsequently e by the be ied to the development of the SUBJECT PROPERTY excep itten cons WNER during said five (5) year period. The CITY the O a six (6) month grace period from the date they are notified of any c s to the : ces, ions, and codes of the CITY in order to comply with the new lations. After ve (5) period, the SUBJECT PROPERTY and its development will ubject to all ordin s, regulations, and codes of the CITY in existence on or adopted after th oval of this a ment. The foregoing to the contrary notwithstanding, in the event the CIT fired dify, amend or enact any ordinance or regulation and to apply the same to the SUB PERTY pursuant to the express and specific mandate of any superior governmental uthority, such ordinance or regulation shall apply to the SUBJECT PROPERTY and be complied with by OWNER, provided, however, that any so called "grandfather" 120461/1 9 provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the SUBJECT PROPERTY shall be given full force and effect. 8. BUILDING CODE, The City has adopted the International Building Code, which is updated approximately every three years. The building codes for th I in effect of the date of the building permit application will govern any and all cons n activity within the Subject Property; provided, however, that OWNER shall not to make any modification to the existing building in the event that it does not c orm to ' ding code currently in effect. 91 FEES AND CHARGES. During the e (5) years following the f issuance of the first building permit, the CITY shall e upon an - ct from the OWNER, and their respective contractors and suppliers, only tho i se, tap on and connection fees and charges, and in such amount or at such rate, in effect on the date of this Agreement and as is generally applie I out the CIT t as otherwise expressly provided for in this agreement. At the e k ti ve year t e CITY shall give the OWNER a six (6) month grace period fr the da >ed of any changes to the permit, impact, license, tap d connectio charges in order to comply with the new regulations. } J 10. FE PLICAS TO THE AREA. As of the date of this Agreement it is the intention Parties if the JECT PROPERTY described as R-1 will have non-residenti ever i "e ` ' R chooses to build any type of residential hous on the CT PROPERTY then the OWNER will be subject to all CITY d ment '" licab sidential developments including, but not limited to, building it fees, donaf impact s, dedications for school and park sites, and other CITY R nxirements. 1. CON UTIONS. The City shall not require the OWNER to donate any land or mo the or any other governmental body, except as otherwise expressly provided in this A 12, ROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the SUBJECT PROPERTY, OWNER shall be entitled to construct, maintain and utilize development identification, marketing and location 120461/1 10 signs on Mill Road, Kennedy Road, and Galena Road, and at such other locations within the corporate limits of the CITY as OWNER may designate subject to sign permit review and issuance by the CITY. Development identification, marketing, and location signs located on Mill Road shall be allowed to have a maximum surface area of one-hundred ighty square feet (180), and shall be fifteen (1S) feet high, and twelve (12) feet wide. ffsite Signs will not be located on public right-of-ways. OWNER shall be respo expense, for obtaining all necessary and appropriate legal rights for the cons tm n and us - ch of the Offsite Signs. Each Offsite Sign may be illuminated subject royal by the CIT 13, CONSTRUCTION TRAILERS. O tray locate temporary cons on trailers upon the SUBJECT PROPERTY during the opment an zzz out of said property, provided any such trailer shall be removed within two ek wing issuance of the final occupancy permit for the SUBJECT PROPERTY. A pe be required by the CITY for any trailer that will be utilized as office 14. CONTRACTOR TRAIL agrees th : and after the date of execution of this Agreement, contractor'H d subc ry ly 'storage trailers may be placed upon such part or of the S OPERTY as required and approved by OWNER for develop utp : Said trai may remain upon the SUBJECT PROPERTY until the issuance a last fina cupancy p for the SUBJECT PROPERTY. A permit will be requir e CITY at w e utilized as office space. All contractor's trailers and suppl r be kep working order and the area will be kept clean and ris. actor's trailers or supply trailers will be located within dedicated }-way. " 15. O ING PROVEMENTS A. Reca WA2reement. In the event the CITY requests the OWNER to construct a improvement and that needed for the proposed development or other public impr t, in g oversizing and or deepening of such improvements, which will serve property n the SUBJECT PROPERTY, and benefit the CITY as a whole, then the CITY agrees to adopt recapture ordinances to reimburse the OWNER for such expenses including engineering, construction, and other costs which may reasonably be expected to be incurred by the OWNER. 120461/1 11 16. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11- 12-8 of the Illinois Compiled Statutes (2002) ed., shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public purposes, except as otherwise provided in this Agreement. 17. RELOCATION OF MILL ROAD. [is this applicable?] derstood by the Parties that the CITY shall be responsible for all costs associated cation of Mill Road. Furthermore the CITY agrees to pay all costs associated i . emoving _ ated Mill Road from the Subject Property, including asphalt removal, _ mg fees, and gra well as any existing utilities located within the existing Mill ght of way. Furthermore upon completion of the new Mill Roa CITY agr close and Vacate the existing Mill Road. Upon vacation, the land up to the li f re adjacent to the Subject Property shall be deeded and/or otherwise released or conv the OWNER at no cost, and the OWNER shall incorporate the 1 the proposed vision at the OWNER' S discretion. CITY shall cooperate in the t o and va ; to meet the reasonable demands of the OWNER. Provided ho r, ther a vacation of this section of roadway until the new Mill is construct ects to Kennedy Road. Upon the City's remo b g of the ting Mill Road, OWNER shall be allowed to reconstruct a road where th Gated Mill was formerly located if the adjacent owner agrees to provi necess e ontribution, or solely upon the SUBJECT PROPERTY adjac w e existui 1 oad formerly existed. Any road constructed by O fully c with all CITY codes, ordinances, and regulations. R. E E ANTS AND IMPROVEMENTS. If any easement granted to CITY as a part develo `6 ` m of the SUBJECT PROPERTY is subsequently determined e in error or to in a manner inconsistent with the intended development of the S T PROPER e CITY shall fully cooperate with OWNER in vacating and relocating such e nt an facilities located therein. 19. ONNECTION. OWNER shall develop the Subject Property in accordance with the terms of this agreement, and shall not, as either the OWNER of said property, petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 120461/1 12 20. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 21. TRANSFER. OWNER may assign this Agreement without C proval, but only in connection with its conveyance of all or any part of the SUBJECT - ERTY, and upon said assignment and acceptance by an assignee, the OWNER sh er obligations hereunder as to the that portion of the SUBJECT PROP so con but shall continue to be bound by this Agreement and shall retain the o ions created there respect to any portion of the SUBJECT PROPERTY reta' d not conveyed. If O its successors sell a portion of the SUBJECT PROP the seller 'be deemed to have assigned to the purchaser any and all rights and obligati a under this Agreement (excluding rights of recapture) which affect the portion of 11 JECT PROPERTY sold or conveyed and thereafter the seller shall er obligatio er this Agreement as it relates to the portion of the SUBJECT P IZ e. ed, bu such seller shall retain any rights and obligations it may have and s Agre ect to any part of the SUBJECT PROPERTY ret d not con uch seller. otwithstanding any such assignment of this Agr o uch sale : nveyance, unless the successor to or assignee of the OWNER of a portion JE9 OPERTY shall have deposited and substituted its I ` f credit as a co Retion, repair and maintenance of roadway or other public imp e tth the OWNER or other seller though otherwise releas obliga ereunder, shall keep its letter of credit on deposit with the CITY ch time O the successor to or assignee of the OWNER has provided a stitute letter of c 22. GENE PROVISIONS Enforc nt This Agreement shall be enforceable in the Circuit Court of Kendall Co y any of the parties or their successors or assigns by an appropriate n at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. 120461/1 13 B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER and its successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall ran with the land and as such, shall b nable to and binding upon each and every subsequent grantee and succ in interest of the OWNER and the CITY. C. Total Incorporation. This Agreement contains all e s and c ns agreed upon by the parties hereto and no other prio ement, regarding bject matter hereof shall be deemed to ex' . bind the parties. The 'es acknowledge and agree that the terms onditions I Agreement, including the payment of any fees, have been r a process of good faith negotiation, both by principals and throng sel, and represent terms and conditions that are dee a parties to be easonable, acceptable and contractually binding upo h ' D. Notices. Notices or other 'als w is required to, or may wish to, serve up other p ection wi this Agreement shall be in writing emed of vely given on the date of confirmed facsimile tr ion, on to delive ersonally or on the second business day f ing the d if r registered mail, return receipt requested, pos ddresse Ows: to O Cross Evangelical Lutheran Church. The Administrative Pastor oute 47, Yorkville, IL 60560 y to: Wade R. Joyner 407 W. Galena Blvd Aurora, IL 60506 Fax: (630) 897-9500 CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, I160560 Fax: (630) 553-7575 120461/1 14 copy to: or to such other persons and/or addresses as any party om time to time designate in a written notice to the other parties. E. Severability. This Agreement is entered into p s to the p ns of the Agreements With Owner of Record Act of th ois Municipal Co ILCS 5111- 15. 1-1 , et seq.) In the event any p ortion of this Agreement, y provision, clause, word, or designatio .. s Agree 1 s held to be invalid by any court of competent jurisdiction, sai o ause, word or designation of this Agreement shall be deemed to be e from this Agreement and the invalidity thereof shall such portion o ons of this Agreement as remain. In addition, the R shall Pall action necessary or required to fulfill the intent s A the use and development of the SUBJEC PERTY. R A ee eement, any Exhibits or attachments hereto, may be am from tim time in with the consent of the parties, pursuant to ble prov' ity de and Illinois Compiled Statutes. This yi Agr e amen e `° e CITY and the owner of record of a portion of e S ROPERTY as to provisions applying exclusively thereto, without sent owner of other portions of the SUBJECT PROPERTY not effec such ement. G. Conve es Nothing contained in this Agreement shall be construed to restrict or lim' e right of the OWNER to sell or convey all or any portion of the S T PROPERTY, whether improved or unimproved. ss Ordinances and Resolutions The CITY shall pass all ordinances and resolutions necessary to permit the OWNER and its successors or assigns to develop the SUBJECT PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The 120461/1 15 CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twe M ) years. In the event construction is commenced within said twenty- period all of the terms of this Agreement shall remain enforceable d e limitation, unless modified by written agreement of the CITY/O ER. J. Captions and Paragraph Headings. The cap ' and paragraph he used herein are for convenience only and shal a used in construing any r provision of this Agreement. K. Recording. This Agreement shall be r ffice of the Recorder of Deeds, Kendall County, Illinois, at OWNER use. L. Recitals and Exhibits. s set forth at t inning of this Agreement, and the exhibits attached eto, orated - by this reference and shall constitute substantive sions t. M. Counte arts s Agreern executed in counterparts, each of which shall be ginal, bu _ of which together shall constitute one and the s ument. N. oratoriu shal of limit the number of building or other pe be app i within any approved phase due to any CITY ose orium and shall in no event unreasonably withhold approval of said or a I for the Final Plat of any Phase of the Subject Property. Not ontaine ein shall affect any limitations imposed as to sanitary sewer or wat am extensions by the Illinois Environmental Protection Agency, Foz Metro ter Reclamation District, or any other governmental agency that pre the authority of the United City of Yorkville. O. is of the Essence Time is of the essence of this Agreement and all ocuments, 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. 120461/1 16 P. 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 jupisdiction over the SUBJECT PROPERTY, the CITY, and the OWNER, ing, but not limited to, county, state or federal regulatory bodies. Q. Liability of OWNER. It is expressly understood and d among the parties hereto that all responsibility of The Estate o lzabeth and The Henry A. Bauman Sr. Bypass Trust shall be e - lshed simultaneou th the transfer of title to the real estate from t ER to the Purchaser, N d e Church of Yorkville, An Illinois or Profit - oration, as OWNER hereunder. Thereafter, the OWNER es the responsibilities and obligations of the OWNER under this A nt. It being understood and agreed, however, that shall also hav ' bligation to perform the obligations of the OWNE c ER a M Fwriting to assume said obligations. ;gig; 120461/1 17 IN WITNESS WIIEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. CITY: OWNER: UNITED CITY OF YORKVILLE, CROSS EVANGELIC THERAN an Illinois municipal corporation CHURCH, an Illino' r profit corporation By: By Title: Mayor ident Attest: A Title: City Clerk Dated: Dated: e; Fo 120461/1 18 EXHIBIT A Plat of Annexation w v. 120461/1 19 EXHIBIT B Legal Descriptions of the R-1 and B-3 portions of the Subject Property 120461/1 20 EXHIBIT C Concept Plan s , k 120461/1 21 EXIIIBIT D Uses Prohibited in the B-3 Service Business District R -s y W 6'. 120461/1 22 D C/;� Reviewed By: Agenda Item Number u , T Legal ❑ tT EST.. Finance ❑ 1 - - Engineer ■ Tracking Number -4 11 q City Administrator ❑ a ° 20 Consultant ❑ PC 2008-12 <LE ��• ❑ PC 2007-23 Agenda Item Summary Memo Title: Zangler Annexation and Zangler Woods Subdivision Plat Meeting and Date: EDC /July 3, 2008 Synopsis: Request for Annexation, Annexation Agreement and Final Subdivision Plat Council Action Previously Taken: Date of Action: October 23, 2007 Action Taken: Annexation Agreement Public Hearing Item Number: Type of Vote Required: majority Council Action Requested: Approval of Annexation Agreement and Final Subdivision Plat Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report ®,I'00D Cl; ` Memorandum 2 O 0 Alf- 'A To: EDC EST. 1836 From: Travis Miller CC: Lisa Pickering, Deputy Clerk (for distribution) (®I n— ` Date: June 26, 2008 9 �® Subject: PC 2007-23 Zangler Annexation and <cE ®yam` PC 2008-12 Zangler Woods — Plat of Subdivision Background: The petition requested annexation of the property in 2007 and was reviewed by the Plan Commission October 10, 2007 and was recommended for approval subject to the staff comments prepared October 2, 2007 (attached) with the exception of a recommendation made by staff for the annexation agreement to include a provision to require the creation of an easement for a future multi-use trail. This provision was removed from the draft agreement based on this recommendation and City Council direction given to staff at the October 23, 2007 Public Hearing. Prior to final approval of the annexation agreement, the petitioner decided to prepare this subdivision plat for approval simultaneously with the annexation. The terms of the annexation agreement drafted in 2007 (attached) includes provisions for utility easements which should be included on this plat and are explained below. Subdivision Plat - Staff Comments and Recommendations: 1 . Zoning Ordinance 10-4-5 requires all land annexed into the City be classified as R-1 Residential. The petitioner is not requesting a re-zoning from this classification upon annexation. The proposed plat was reviewed assuming R-1 Zoning Classification. 2. Plat of Subdivision, Sheet 1 comments: (Comment from October 2, 2007 report) - Staff recommends the subdivision plat include the following public easements: a. A utility easement to allow the extension of a sanitary sewer line across (east- west) the property in the future to serve the homes on Quinsey Lane east of the subject property. In the October 2, 2007 staff report, Joe Wywrot, City Engineer advised this easement width should be a minimum of 30 feet wide. On June 6, 2008 Wywrot reviewed the site plan currently proposed by the owner and revised the recommended width to 20 feet. This easement location should be in line with the existing manhole where the sewer makes a bend to the west and could be aligned to accommodate the future home and pool locations depicted on the proposed grading plan. b. An additional ten (10) feet is proposed to be added to the existing utility easement along the west property boundary based on previous staff comments. i. Note: A sanitary sewer and storm sewer already occupy the existing easements along the west property line. The additional dedication will enable the City to extend a watermain along this same alignment for future extensions to the west through the Woodworth property. c1r® United City of Yorkville Memo 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 ®<LE , Date: October 2, 2007 To: Plan Commission From: Travis Miller, Community Development Director Cc: Stephanie Boettcher, Senior Planner (for distribution) Subject: PC2007-23 Zangler Property Annexation Request Comprehensive Plan Recommendations: The Comprehensive Plan Land Use Plan for the property recommends Suburban Neighborhood Land Use for the majority of the property with Park/Open Space Land Use along the western portion and along the Fox River frontage. Staff Comments: 1 . Zoning Ordinance 10-4-5 requires all land annexed into the City be classified as R-1 Residential. The petitioner is not requesting a re-zoning from this classification. The R-1 zoning district is appropriate zoning to be consistent with the Comprehensive Plan recommendation. 2. Staff recommends the Annexation Agreement include provisions to establish the following public easements (refer to Attachment 1): a. A utility easement to allow the extension of a sanitary sewer line across (east-west) the property in the future to serve the homes on Quinsey Lane east of the subject property. Joe Wywrot, City Engineer has advised this easement width should be a minimum of 30 feet wide. b. An additional ten (10) feet be added to the existing utility easement along the west property boundary. c. An easement for a multi-use trail along Quinsey Lane (north property boundary), follow the west property boundary allowing for connection to the adjacent property on the west. 3 . The petitioner will be requesting annexation to YBSD for only a portion of the property. The intention is to annex an area surrounding the proposed home site only. Staff recommends this issue be resolved between the petitioner and YBSD and addressed in the annexation agreement. It should be clearly stated in the Annexation Agreement that in the event this property is further developed/divided into additional home sites, those homes would be required to be served by sanitary sewer and the YBSD territory would be expanded as necessary. I c. An additional 10-foot wide public utility and drainage easement is proposed to be dedicated immediately east of and adjacent to the existing easement dedicated as Document 200400003975 based on previous staff comments. This easement runs from the north property line to the E-W sanitary sewer easement discussed in item (a) above. PLAT OF TOPOGRAPHY ,� M.W.`"' Y~�_ i> LEGEND 8 �� Attachment 1 'F/:t:--'v n9Y1'LalwrR y III 7•quryo V°x rR Ge„RragTi"4, ifJ.W W414GY:K I xI.'xum: �X°R tlPTY4, IiI Y°u� ;.VP RYV WRW �a v+.wnwic=rnwa,srR iu,zi X2rMrNe � i� :1 ,��.-ply-v yii YyI PFYT.[IOS4 u. YIWL'� p$p'.CeII�% �. nYt�l4 �{ I 1 � ✓r N"N. � an / tin PIZ 0.:Y is A JR' P1. .rtai.uu -�a�C, •n I .� — h n ,OANVfs nvi aaxry evnnn / � - � vvip reu.rv.rz.iwu wo v xn.w mcmv vn v! ..� `�,-- bl, NS iurs ^�u`Iiiu�o x � am n.0 rttnY xJrc xti^x aev:vz>ZU x•: .�° _. ,e 61w V - Existing Utility Easement €� = 10' Requested Addition " l to Utility Easement Requested 30' Sanitary Easement ' h ♦ —0' Requested Multi-Use Trail Alignment Ia t „ r. 1 = 11 � dw9�.p45 t °c vsx�mivisi ss �I. - CO ;yq ^Ne, a e.e. a,°,oeuxee, mc.,—•,.roz�ercexeemvu"... ccwmN.noN so�vii-u°:ecc eew xxmum vux w x aoa.e¢:` �\- II ,. � �9 =� 3`" n•on us v:» --•:xmc-m A ;WCp.PI r ine wmn�awe !Y+[�SLRWPNIP.B, Il•CZIK 9 U VF^ry�NNZ�fY YC3aa'i siJ IAW.G031C. II:.CRi6 ZLBWFY-'6i 34°1 y A � _ R Z 5 ' - 90 �' •-}1' ! � 4'v9� RRGW .vur..nv...v .ww a.:v«v m GOB .iix[�~ a'cnGV°u LIRVEVING d�"u ui'.giv rn•Yier�nuc ' — I � :BETE__ 77 77 263.02' --— f -- Ilk -263.02 - - 50' f IF BUILDING \\ \Z - " \ SET AC� - 4 1 I ' �• \ � TsB–END --- `� ,.- ql =586.10— � - V i >. 2' ; 1� � nt�w `G _` oc r7' aju5�c W uOp0�0��N - _ CONC. T1 4 a' 3 �� a w W�W ZI .2�Np05S ® " � \ (�Q wlZ w`.. - ���-_w'OD 2S CJ 20' i s i I 2.0 wl a� R:' 3T2:9 j PORCH Y' 92o 6" PVC 26 - \ COVER 4 2397' SERVI �I �� �-•� A� � @ 1.00° FENCE. M 04. co Z PVC SDR 26 - - - MN. SERVICE CJ' 2. STUB I 1,U0% MIN. a REMAINS OF y, � 15' FENCE I2' J M C � h m az:5g .3 tD 7ti.97 n -, DECK ON1ST X83 , 00S FLOOR'LEVEL d _. h 4— =o.1'EAST I \ \ �0 4 , q•. W \ MUL � TRUNK 1 16' 1r, . . - ry . . 1 ' � � a S w�f• i o b \ � APPROXIMATE � LIMIT OF DISTURBANCE J 01007 170.02' �" 3 , h I - , / a 9� Ee �, a 4f ,,, � u� IN NO C6 Oh f bf ® Q ® ® � 93 EJ] d CL Subject Property Ic le (� ZZ✓✓ Q ® 1� � ® 8 United Cif Of Yorkville GlS The Data is provided without warranty or any representation of a Y accuracy,timeliness,or completeness.It is the responsibility of the Parcel Data and Aerial Photography 'Requester°to determine accuracy,timeliness,completeness,and Provided By Kendall County GIS appropriateness of Its use.The United City of Yorkville makes no warranties,expressed or implied,to the use of the Data. s I Rev. 12/12/07 Rev. 6/26/08 F . 4 I I q y . I ANNEXATION AGREEM 3}�x ( erty) THIS ANNEXATION AGRE ' . NT ("A is made and entered as of the day of July, and be THONY ZANGLER and NICOLE ZANGLER (co ely, "O RS"), a UNITED CITY OF YORKVILLE, a municipal on org xis ring '` r and by virtue of the laws of the State of Illinois (here red tows " ) by and through its Mayor and Aldermen thor OWNERS and DEVELOPER and the CITY are sometimes ereinafter re o indiv y as a "Party" and collectively as the "Parties". RECITALS: RS are the owners of certain parcels of real estate legally described and sh e Plat of Annexation, attached hereto as Exhibit "A" (hereinafter referred to as "SUBJECT PROPERTY"). B. OWNERS desire to annex the SUBJECT PROPERTY to the CITY for the purposes of constructing one single family residence. The SUBJECT PROPERTY is currently contiguous with the existing corporate limits of the CITY and is not within the boundary of any other city. C. OWNERS desire to proceed with the development thereof fo esidential use in accordance with the terms and provisions of this Agreement. D. OWNERS propose that the SUBJECT PROPERT to the R-1 Single-Family Residence District provisions of the City Ordinanc ning Ordinance") within the SUBJECT PROPERTY con ' of approximately iv eight tenths (5.8) acres, legally described in Exhi ' attached E. All public hearings, as required by een duly held by the appropriate hearing bodies of the C upon the matte red by this Agreement. The Plan Commission conducted a c arding nested zoning and conceptual site plan on October 10, 20 City r d the public hearing on the annexation agre ober 23, F. ITY and RS h iven all appropriate notices due to be given pursu applica llinois Compiled Statutes and the City H Code. e Co Authorities, after due and careful consideration, have concluded that ecutio f this Annexation Agreement subject to the terms and visions hereof, the zoning and development of the SUBJECT PROPERTY as P for h will inure to the benefit and improvement of the CITY in that it will increas able value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. H. (i) Each parry agrees that it is in the best interests of the OWNERS and the CITY to annex and develop the SUBJECT PROPERTY with one single family residence. (ii) Each party agrees that it is in the best inter the local governmental bodies affected and the O rovide for performance standards in the deve . nt of the CT PROPERTY. r' I. It is the desire of the CITY and RS th development an use of the SUBJECT PROPERTY proceed as conve be, in accordance with the terms and provisions of this A ent, and be subje e applicable ordinances, codes and regulations of the CITY n ffect, exe otherwise provided in this Agreement. R. J. The and their entatives have discussed the proposed annexation an e attende blic he of the Plan Commission and the City Council. NOW, T in consideration of the foregoing preambles and mutual Dan s eem ntained herein, the Parties hereto agree to enter into this Agreement and upplem the Petition for Annexation and drawings submitted rewith, and agr at the annexation, zoning and plan for the SUBJECT PROPERTY s appro y the City Council upon the following terms and conditions and in conside f the various agreements made between the parties: 11 LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2, ANNEXATION AND ZONING. As soon as reaso practicable following the execution of this Agreement, the Corporate Autho dopt such ordinances as may be necessary and appropriate to ann zone the CT PROPERTY under the R-1 Single-Family Residenc ct provisions of the . Zoning Ordinance ("Zoning Ordinance"). OWNERS agree that the SUBJECT P all be developed in accordance with the ordinances of CITY, as appro subsequently amended, unless otherwise provided for her follow the policies and procedures of the CITY in connection such cept as modified in this Agreement. The p cknowle that the ERS will be required to subdivide the property in ance w' trol Ordinance in order to annex only a portion of the su perty to the Yorkville Bristol Sanitary District. The Owners su appli to the City for Preliminary and Final Subdivision within 90 days after the on is a oved. The City a s to consider the subject property as the "Lot' as defined by the g O ce for purposes of identifying and measuring Building Setback Line and Y for fixture building permit applications provided the lots identified in the said Subdivision remain under common ownership. Furthermore, the City agrees to waive the Improvement Plan requirement of the City Subdivision Control Ordinance described by Section 5.03 of said ordinance for said Subdivision. In the event the Owners desire to re-subdivide the property at a later date, any further subdivision of the land into buildable lots will require annexatio _ f the re- subdivided lot or lots as the case may be into Yorkville Bristol Sanitary t as well as require said lots to comply with Zoning Ordinance and Subdivis' Ordinance requirements, unless a variance is sought OWNER and appro d the City. S 3. AMENDMENTS TO ORDINAN. With the exception of the City consideratio d in Section 2 of this agreement, all ordinances, regula ' codes of the Y, including, without limitation those pertaining to subdivis co torm "ter management and drainage, comprehensive land use plan, restricts s, as they presently exist shall apply to the S: rr ERTTIYY a s development . 4. vES AND Dun first five (5) years following the date of this Agreement, the ITY s ose u d collect from the OWNERS, and their respective contractors and liers, only those permit, license, tap-on and connection fees and arges, and h amount or at such rate, as are in effect on the date of this A ent as are generally applied throughout the CITY, except as otherwise express rovided for in this agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit "C". B. The CITY represents and warrants to OWNERS that no part of the SUBJECT PROPERTY is currently subject to nor is there pending any request to subject any part of the SUBJECT PROPERTY to any special service area or special assessment district that will result in any special taxes or assessments for any po ' n of the SUBJECT PROPERTY, other than charges to existing drainage districts ord, if any. 5. CONTRIBUTIONS. The CITY shall not r the RS to donate any land or money to the CITY, or any other ental body, as otherwise expressly provided in this Agreement. 6. SCHOOL AND PARK DONATI I event this property is subdivided at a future date, the City ill impose land-ca uirements to this property in accordance with the amount esidential within the future development and/or subdivision pl t Permit application, the Owner agrees to co the amount on the Fee Schedule in Exhibit "C" of this agreemen - 1 dwell' nits on the erty. 7. TIFI ANCY. The shall issue a certificate of occupancy for the dwelling unit nstructed SUB PROPERTY within five (5) working days after proper application there r within five (5) working days after the receipt of the last of the ents or info tion required to support such application, whichever is later. If the app i proved, the CITY shall provide the applicant within five (5) working days afte ceipt of the application and all documentation or information required to support such application, with a statement in writing of the reasons for denial of the application including specification of the requirements of law which the application and supporting documents fail to meet. The CITY agrees to issue such certificates of occupancy upon the applicant's compliance with those requirements of law so specified by the CITY. The CITY, at its expense, shall retain the services of such nsultants and/or hire such employees as may be necessary to ensure that the CIT le to fulfill its obligations under this Subsection. The foregoing, however negate the obligation of OWNERS to pay all fees otherwise payab r services d in connection with the issuance of certificates of oc cy under applicable ordinances. B. Notwithstanding the foregoing, certi ancy shall be issued by the CITY for the dwelling unit wh driveway and/or allc paving and grading improvements have not been comple o adverse er conditions. 8. LIMITATIONS. In no nt, ' limitation, the exercise w of the authority hapter 6 on 5/11- 12-8 of the Illinois Compiled Statutes (200 shall the Y require any part of the SUBJECT PROPERTY be dedica public the utility easements described in this Agreement. MENT OF IMPROVEMENTS. w "A 4 ; e SUBJECT P ERTY or any portion thereof may continue to be used for a al an sery uses as interim uses until the relevant portion of the SUBJECT PROP actually developed. Such uses shall constitute legal, non-conforming uses of the SUBJECT PROPERTY. 10. ONSITE EASEMENTS AND IMPROVEMENTS. The parties acknowledge that there is currently a 30 foot sanitary and sewer easement located on the westerly edge of the property. The Owners agree to add an additional 1 eet to the easterly portion of the existing easement at no cost to the City so that sement will become 40 feet in width and for the same purposes of the existin The parties farther agree that the Owner sh 1 grant a gent easement to the CITY for the purposes of a sanitary easement, location an to be agreed upon by the parties. Said easeme be desc ' nd included in the final subdivision plat for the property. The easeme nt upon the CITY fully installing all sanitary sewer impr ents within tw s from the date of the execution of this annexation agree t all sam wer improvements are not fully installed within two ye then a nt shall expire and no longer exist. A rees to rate of $ 1 .00 per square foot for the aforementio sement. 11. CONNECTION. OWNERS and DEVELOPER shall develop OP as a single family residence approved by the CITY in accordance with terms _ eof, and shall not, as the OWNERS of said property, tition to disco any portion or all of said property from the CITY or from any se rovid the CITY. 12, CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 13. CITY ASSISTANCE. The CITY agrees to cooperate and provide any reasonable assistance requested by OWNERS in applying for and obtaining any and all approvals or permits necessary for the development of the SUBJECT P PERTY, including, but not limited to those required from the Illinois Envim Protection Agency, the Army Corps of Engineers, the Federal Emergency M gency, the United States Environmental Protection Agency, IDOT, e linois Dep t of Natural Resources, Bristol Township, the United C' Yorkville Park Boar Yorkville Community Unit School District 115. 1 1 ees to reasonably cooperate with OWNERS in obtaining all pe ovals required by the applicable sanitary district, the Cc of Kendall and r governmental units in connection with the contemplated de UBJEC ERTY. 14. ADDRESSES. Wi - urtee fter the annexation is approved, CITY wil P WNERS e addresses of the lot for the purpose of expediting the ss of obta ' . g utility ' tions by the applicable utility company or compame ' 15. S ENT AMENDMENTS. It is understood and agreed that eque ent s Agreement, may be obtained solely by the owner of any portion of the CT P ERTY and the CITY as to such portion without any ti on or approval e owners of other portions of the SUBJECT PROPERTY if such ents d - affect the rights, duties or obligations of the owners of the balance of the S PROPERTY not included in the aforedescribed amendments without any action or approval of the owners of other portions of the SUBJECT PROPERTY. Rezoning may be applied for and processed by the CITY without requiring an amendment of this Agreement. 16. GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable it Court of Kendall County by any of the parties or their successors o a gns by an riate action at law or in equity to secure the performance covenants and agree contained herein, including the specific performa this Agree This Agree men shall be governed by the laws of the State of Illinois. B. Successors and Assi This Agreement ure to the benefit of and be binding upon the OWNERS, an S in title Q Brest, and upon the CITY, and any successor municipaliti the rr le rstood and agreed that this Agreement shal e land ch, shall be assignable to and binding upon each and subsequ ante e an cessor in interest of the OWNERS and the CITY. - regoin I t standing, the obligations and duties of OWNERS here not be deemed transferred to or assumed by any purchaser of a o t imp - with a dwelling unit who acquires the same for residential occupation, unle erwise ressly agreed in writing by such purchaser. C. All s and Conditions Contained Herein. This Agreement contains all s and ions agreed upon by the parties hereto and no other prior agreement, regards ubject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is require cj to, or may wish to, serve upon any other party in connection with this Agreement s e in writing and shall be deemed effectively given on the date of c lefacsimile transmission, on the date delivered personally or on the se usiness da wing the date sent by certified or registered mail, return r ,, requested, postage pr addressed as follows: (I) If to OWNERS: Tony and Nicole Z en Avenue e, IL60515 :• with copies to: La ffices o emunson, P.C. 226 ri eet YO r ois 60560 Atten Gregg Ingemunson Fax: X53-7958 (II) If Y: of Yorkville Attn: ty Clerk 800 Game Farm Road Yorkville, IL 60560 • Fax: 630 553-7575 uch o ersons and/or addresses as any party may from time to time desi in a written notice to the other parties. E. S bili . This Agreement is entered into pursuant to the provisions of Chap 5111-15. 1- 1 , et seq., Illinois Compiled Statutes (2002 ed.). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS shall take all action necessary or required to fulfill the intent of this Agreement as to the use and d elopment of the SUBJECT PROPERTY. F. Agreement. This Agreement, and any Exhibits or a ereto, may be amended from time to time in writing with the conse f e parties, t to applicable provisions of the City Code and the law . the State of Illinois. Agreement may be amended by the CITY and ner of re f a portion of the SUBJECT PROPERTY as to provisions apply' thereto, without the consent of the owner of other portions the SUBJECT P TY not effected by such Agreement. G. Conveyances. Nothing ed ' s " ent shall be construed to restrict or limit the OWNE ell or convey all or any portion of the SUBJECT PR Y, whe proved proved. H. essa olutions. The CITY shall pass all ordinances and r necessary to permit the OWNERS, and their successors or s, the CT PROPERTY in accordance with the provisions of this Agreement, pro said or mances or resolutions are not contrary to law. The CITY ees to authoriz Mayor and City Clerk to execute this Agreement or to correct any to 1 defe ch may arise after the execution of this Agreement. erm of Agreement. The term of this Agreement shall be twenty (20) years from the date of execution of this Agreement. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and OWNERS. I. Captions and Paragraph Headings. The captions and paragra headings used herein are for convenience only and shall not be used in cons y term or provision of this Agreement. K. Recording. This Agreement shall be rec e in the O the Recorder of Deeds, Kendall County, Illinois, at OWNE xpense. L. Recitals and Exhibits. The reci et forth a beginning of this Agreement, and the exhibits attached hereto, are inco a in by this reference and shall constitute substantive provisions this Agreement. M. Counterparts. This A in execute unteiparts, each of which shall be deemed an original, but f w ' g 11 constitute one and the same document. N. oratori he CITY s of deny a building or other permits that may be ap or due = ed moratorium and shall in no event unreasonably wi proval of said permits. Nothing contained herein shall affect i pose o sanitary sewer or water main extensions by the Illinois Environmental ction "ency, Yorkville-Bristol Sanitary District, or any other vernmental age t preempts the authority of the United City of Yorkville. is of the Essence. Time is of the essence of this Agreement and all docum cements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. P. Legal Challenges. If for any reason and at any time, the annexation of the SUBJECT PROPERTY to the CITY is legally challenged by any person or entity by an action at law or in equity, the CITY shall: (i) cooperate with OWNERS in vigorous defense of such action through all proceedings, including any appeals; take such other actions as may then or thereafter be possible pursuant to Municipal Code to annex the SUBJECT PROPERTY and/or other prop ie to the CIT t the annexation of the SUBJECT PROPERTY to the CITY sustained and/or effec Q. Major and Minor Modifications y modific to any approve preliminary or final plats of subdivision and engjne hich are deemed to be minor modifications, may be approve the CITY Adm or (following review and approval by the CITY Engineer) wi t r ublic he d without formal amendment to the Planned Develop men rove I CT PROPERTY or this AGREEMENT. M necess olve engineering, layout and/or design problems shall erred to b or modi ns so long as such modifications do not change the tial c 1. 1 ary or final plats of subdivision or engin)Aeering plan rease the total number of dwelling units allowed on the ER revisions to a preliminary or final plat of subdivision or engineering pl ch if ermined by the CITY to be major modifications, shall uire review by CITY's Planning Commission and approval by the CITY Council. In ent s h major modification require an amendment to this AGREEMENT. xculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, the CITY, OWNERS, including, but not limited to, county, state or federal regulatory bodies. S. Effectiveness. This Agreement shall be subject to and shall ke effect after the consummation of the transaction between OWNERS for the s any portion by OWNERS . [SIGNATURE PAGE FOL k, IN WITNESS WHEREOF, the parties hereto have set their hands als to this Agreement as of the day and year first above written. OWNERS: CITY: TONY ZANGLER Tony Zangler I Nicole Zangler UNI TY OF YORKVILLE, an I cipal corporation By: Title: Mayor Attest: Title: City Clerk 1, I A . 9 LIST OF EXHIBITS Alk EXHIBIT "A" Legal Description EXHIBIT `B" Plat of Annexation of SUBJECT PRO = EXHIBIT "C" Fee Schedule f S t I FARCEL ONE THAT PART OF THE NORTH EAST 1 /4 OF SECTION 33 . TOWNSHIP 37 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN , DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTH EAST CORNER OF SAID NORTH EAST 1 /41 THENCE WEST ALONG THE NORTH LINE OF , SAID'MORTH ..EAST. .1 /4 .91]5 ,66 ; FEET ( THENCE SOUTH Bit DEGREES , 35 MINUTES . 00 $ECONDS WEST 216.20FIEEL THENCE SOUTH 004 DEGREES . 00 MINUTES , 00 SECONDS EAST 786 . 73 FEET;* TO THE NORTHERLY LINE EXTENDED WESTERLY OF A 16 FOOT WIDE LANE LEADING 7'0 NELSON J . QUINSEY ' S SUBDIVISION AS RECORDED MARCH 3 , 1922 IN PLAT BOOK 7 . PAGE it AND TO THE POINT OF BEGINNINGi THENCE SOUTH 884 DEGREES , 45 MINUTES . 30 SECONDS EAST ALONG SAID EXTENDED NORTHERLY LINE AND SAID NORTHERLY LING Of SAID LANE 267 . 47 FEEL THENCE, SOUTH_081, " DEGREES ,_ 0@ MINUTE;y Bg� _ _ SECONDS EAST 876 . 31 FEET TO THE NORTHERLY BANK OF THE FOX RIVER I THENCE` WESTERLY ALONG SAID NORTHERLY BANK TO A POINT SOUTH 004 DEGREES . 00 MINUTES . 00 SECONDS EAST FROM THE POINT OF BEGINNINGI THENCE NORTH 004 DEGREES . 00 MINUTES . 06 SECONDS WEST 996_30 FEET TO THE POINT OF BEGINNING . IN THE TOWNSHIP OF BRTSTOL , KENDALL COUNTY , ILLINOIS . ' PARCEL TWO : EASEMENT ( FOR INGRESS AND EGRESS ) CREATED BY WARRANTY DEED DATED JANUARY 25 . 1935 AND RECORDED JANUARY 26 , 1935 IN BOOK 85 OF DEEDS PAGE 638 MADE B ELIZABETH H . WAYNE AND JOSEPII N . WAYNE . HER HUSBAND TO ARTHUR L . COLLINS FOR THE BENEFIT OF PARCEL 1 OVER THAT PART OF THE NORTH EAST 1 /4 OF SECTION 33 , TOWNSHIP 37' NORTH . RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN .SCRIBED AS FOLLOWS : COMMENCING AT THE NORTH EAST CORNER OF SAID M1JORTH EAST 1141 THENCE WEST ALONG THE NORTH LINE OF SAID NORTH EAST 1 /4 885 . 06 FEEL THENCE SOUTH 011 DEGREES , 35 MINUTES . 00 SECONDS WEST 216 _ 26 FEET , THENCE SOUTH 004 DEGREES . 00 MINUTES , 00 SECONDS EAST 706 . 73 FEET TO THE NORTHERLY LINE EXTENDED WESTERLY OF A 16 . 0 FOOT WIDE LANE LEADING TO NELSON J. QUNISEY ' S SUBDIVISION . AS RECORDED MARCH 3 . 1922 IN BOOK 7 OF PLATS , PAGE 11 AND TO THE POINT OF BEGIMNING1 THENCE NORTH 004 DEGREES , 00 MINUTES . 00 SECONDS WEST TO THE SOUTH LINE OF QUINSEY ROAD ( THIS LINE HEREJNAFTER REFERRED TO AS LINE ' A ' ) ; THENCE EASTERLY ALONG .GRID SOUTH LINE TO A POINT 16 . 0 FEET EAST OF At!D MEASURED AT RIGHT ANGLES TO SAID LINE 'A ' i THENCE SOUTH PARALLEL TO SAID LINE °A • TO A POINT SOUTH 084 DEGREES , 45 MINUTES , 38 SECONDS EAST OF THE POINT OF BEGINNINGI THENCE NORT14 695 . DEGREES . 45 MINUTES , 39 SECONDS WEST TO THE POINT OF BEGINNINGI UH THE TOWNSHIP OF BRISTOL . KE!•N)ALL COUNTY , ILLINOIS . i EXHIBIT `B" PLAT OF ANNEXATION OF SUBJECT - PERT L P . . 4 Exhibit C United City of Yorkville Fee Schedule Fee Type Fee Timine of Pa ment Fire District Development Impact Fee $1000/SF Building Permit (Note; This fee is not IockcVby this agreement.) Library Dev. Impact Fee $500/unit Building Permit Engineering Dev. Impact Fee $100/unit Building Permit Municipal Building Dev. Impact Fee $5,509/unit if paid at bldg permit Building Permit $3,288/unit if pre-paid at first final plat or Pre-Paid at Final Plat Parks & Recreation Dev. Impact Fee $50/unit Building Permit Police Dev. Impact Fee $300/unit Building Permit Public Works Dev. Impact Fee $700/unit Building Permit Administration Fee 1 .75% of approved engineer's cost Final Plat estimate for land improvements School District Transition Fee $3,000/unit Paid to School District prior to application for Building Permit Building Permit Fees Calculated based upon $650 per house plus Building Permit $.20 per square foot area of house as defined by City Public Walks/Driveway Inspection Fee $35/unit Building Permit Weather Warning Siren Fee $75/acre Final Plat Water Connection Fee $3,700/SF Building Permit Water Meter Costs Vary based on current City Fees Building Permit (Note: This fee is not "locked" by this agreement.) (currently $390) City Sanitary Sewer Connection Fee $2000/unit SF Building Permit Water and Sewer Inspection Fee $25/unit Building Permit Road Contribution Fund $2000/unit Building Permit County Road Fund $19707/unit Building Permit Yorkville Bristol Sanitary District $3,660/acre At time of annexation to Annexation Fee Sanitary District (Note: This fee is not "locked" by this agreement.) Yorkville Bristol Sanitary District $1 ,400/unit Building Permit, Paid by Connection Fee separate check to YBSD (Note: This fee is not `locked" by this a eement.) Yorkville Bristol Infrastructure $3,660/acre At time of IEPA permitting Participation Fee unless otherwise agreed to by (Note: This fee is not "locked" by this agreement.) YB$D Yorkville Bristol Permit Review Fee $.50 per LF of 8" diameter or larger sanitary Due at permitting. (Note: This fee is not locked" by this agreement.) sewer or $800 minimum (whichever is more) School/Park Land Donation $101 ,000/acre required — Acreage Building Permit required is based on projected population — calculation per Land-Cash Ordinance `QED C/p� Reviewed By: Agenda Item Number J= 0 , T Legal ❑ �ly Finance F1 esT � 1836 1 Engineer ■ -�-:— Tracking Number < v! City Administrator ❑ O I� 9 a �O Consultant ❑ PC 2008-15 Agenda Item Summary Memo Title: Prairie Pointe Lot 2-First Addition Subdivision(Preliminary and Final Plat) Meeting and Date: EDC/July 3, 2008 Synopsis: Request for Preliminary and Final Subdivision Plat(First Addition) Council Action Previously Taken: Date of Action: September 26,2006 Action Taken: Subdivision Plat Approval Item Number: Type of Vote Required: majority Council Action Requested: Approval of Preliminary and Final Subdivision Plat Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report C/p` 0 a� Memorandum To: EDC EST. '^l !-: 1836 From: Travis Miller/Stephanie Boettcher ®� I®! tl CC: Lisa Pickering, Deputy Clerk (for distribution) Date: June 26, 2008 �y®2® Subject: PC 2008 — 15 Prairie Pointe Lot 2, Preliminary & Final Plat <GE Background The subdivision process has been necessitated do to the special use application for a day care proposed for only a portion of Prairie Pointe Lot 2 (daycare proposed on Lot 1 of the currently proposed 2 lot subdivision). The subdivision process is dividing Lot 2 of the original Prairie Pointe Subdivision into two lots. The Plan Commission reviewed the request and made the following action at the June 11 , 2008 meeting: - Motion to recommend approval of Preliminary Plan subject to addressing staff comments 5 ayes; 1 no - Motion to recommend approval of Final Subdivision Plat subject to addressing staff comments 5 ayes; 1 no The member voting no stated concerns about the new lot not having direct frontage to a street. Staff Comments: Proposed Lot 2 - Front Yard: Based upon definitions of front yard, front lot line and frontage, a front yard cannot be established for the proposed Lot 1 . Relief from the definitions and from the setback requirements would need to be granted as part of this plat approval. The petitioner has proposed the southeast boundary of Lot 1 as the Front Yard for purposes of measuring the Front Yard Setback. Proposed Lot 2 - Access: In press/Egress serving Lot 2 is proposed to cross Prairie Pointe subdivision Lot I — refer to the 3` sheet of the plan submittal for location of existing parking area and access stubs planned to serve proposed Lot 2. marl l=Iw/024"RRS1N=SIe6 PRELIMINARY / FINAL PLAT OF SUBDIVISION In SECGROUP, INC. SI Is PRAIRIE POINTE FIRST ADDITION ' eaRIIYRMY CarmulOMAwSEC bO/ CONCRETE BEING A RESUBDIVISION OF LOT 2 OF PRAIRIE POINTE SUBDIVISION, NoivaE SilmAao`orz r<%<e asr906 <la.e.9 00 11grb MONUMENT A SUBDIVISION OF PART OF SECTIONS 21 AND 26, TOWNSHIP 36 p\� 00 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN , IN THE \�\�qO\�00�0 UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS Q�Pg�a. L Boa `,UO-� N61eym1 ,4 /,\\ \ CROSS Ag888 EASEMENT HEREI DMN _ too \ \ \ 6S NOT \ \ INCLUDED LOT 2 \\ S 1.ss ac. +/— \ L&a 33.99' \ \\ 7� N26° s 150 .W p. \ \ 0 pe \ LOT I 14O' T8OME \ \ zo.o• es.L. NW L=19.94• > / \ e CFI=12" eye p\/ / zO.O' esL MONUMENT E Y0. IE POINTE � e and 4 PRSU601VIS10 038�68 zD.O E.sL. '}y �� LOT I '200600 1.39 «. No, any Per DOC °{�s:►° S 1R YOR'S CFRnF1CATE 350' D.E. C CROSS ?�G STATE OF IWNgS ) ACCESS J' rf ti y )SS EASEMENT Q'4°I ly rye% � � CWNTY OF KENDALL ) 3049' m;% ;% m certify mere t Gal9 L. 2ur. a Raensed vrare%ama Lana su,.e,ar w the stain of ur;na% s N3B'155/'W 1 0i" ea z9.r+' / �.�a how ww V d and mbdideee the Property downtime as w kesub O 5<6Y351'W IS )63' LOT 2IN PRNRIE SG A OMICIALW AS ART OF S C77ONS NOWMAR?21 J0, 3206 OW rim"DOCUMENT NUMBER S' I \ ry Ins°s'w / 10060CpOF W DWRO A 50001N NE OF PART OF SECTIONS 1I AND 16, 11 KEN AL NOV RAN2E 37 Q / 10.0' N.SL WAIMSCF WE MIFO PFMCIPIL MERIDIAN, M ME UNITED CITY Cfc ttdRNNtLE, KENDALL CWNIY.co, - - - - - - - - _. 7d " C <Y / LOT 3 OINTE y tl. P / deed hereby certify that I haw Nepecfee Me Federal Flood announce Rafe MAP, Community Pond L=51.59' PRAIRIE ION Murder n0Je1 CODS C dated Jrlr I9, 196z and how mtenmmed mat Me nbpet Property ;e R=125.00' SUBDIV p600038T68 M located within]ahla ewi en�ro o''�d°roe"eei..;n'imam; lmttar Only to thee dwelwnat ud Mrsof oe e. l osir!°f property '— — -- .— — — — \. C8=SW61 37•W O NO. 20 awai actually nand — — — L 3q ' \ CH=61.23' per DO I web heeler certify that aw nbmNSmn exterlor monuments how been set and described m this RS 3 �Scdll' FMa Plot m regubed by me Plat Act (MI Re Need statues 1969, Chapter 109, Switwl I), one NE CORNER �_H71 7B,e0• S28.02'1Oew y dimmtevhns boom memo�t°and decimls ships rchaf. the at Me recardafkn of Lob plat. All U.S.P.S [ANDS The land Included whom Loco mbTNaior he NNm the carbonate fraftd of the United City of Ywk,te, 1 which has adapted a ally Plan and is exercls;ng the species Pawns duoeYZed by O;Ntim 12 at U.S.P.S. LANDS S \ \ 0y w �Lo Article 11 of me Loma% Mmawa care, as now Or hereafter sentenced. Doc. No. 200400033642 \ \ oE'J m;s pmlenlcnw snNCe composed to the cummt 6hmcls minimum standards f a boundary su y. \ \ Much under my hand and sea this _ don of A.C. 20� NOTE: Only S'"I 9u Pl pie Restrictions throw unless Me sM1Own an I \ o flecwded rderidsi°n e s are edam ains a unless de I \ \ description Ordered to be or war contains a pr°pn desorption of \ PRELIMINARY/FINAL PLAT OF SUBDIVISION ,M1e raduved bullEing linen d warrants Bases Of hearings far thin server RECLw2EO PLAr Of SU60IH9IXY 5 PRAIRIE POINTE FIRST ADDITION • N° distance should be assumed by scaling. py \ • No underground unpravements how been located unless shown & 1%I - Proh6ama Olmax Lane Stw ty r N°. 359 and noted. I LOT 4 y. 560E51 License em;ra(ien Bate : U/J2/229s PART OF LOT 2 IN PRAIRIE POINTE SUBDIVISION, • No wpresentabon ere to ownership, use, or p°ssoman Arnold he P Q R\E UNITED CITY OF YORKVILLE• herein Implied. 0 55 dP KENDALL CDUNTY ILLINOIS Lois Survey one Plat of Stymy are wed without original embossed pP'pprp '(t\ w red mooed seal and army was °tided P Iy.10 • FlNd rank for this w y was ms completed Me cu 5/IS/O6 . • and ds far professional service conforms an ld tlm rforme Mind's minimum standards far a bounders %urny and was performed far. 8EN9W5 OWN BY: INL DALE: PROJECT N0. CAB 5 06 908 0441 LA.S OSN BY: TNT: HORIZ SCAIE: SHEET N0. Compare your dneriptwn and site machine eight this plot and d 1. AT ONCE repot any discrepancies which you may M6 i CHK EY: INT. yE 2T SCALE: 1 OF 2 MRF �YRN,iRI.p,yH N.11K®IRR PRELIMINARY / FiNAL PLAT OF SUBDIVISION SEC GROUP, INC. in ISSUERS)BmB F,�BrncBBBBB.MA,B„dfi0n, P1Bv n PRAIRIE POINTE FIRST ADDITION .R ,..� � COMP P/If 060444-LOTT Ilea LARIAT tla.Mg BEING A RESUBDIVISION OF LOT 2 OF PRAIRIE POINTE SUBDIVISION, NEb of 2TUmn o A SUBDIVISION OF PART OF SECTIONS 21 AND 28, TOWNSHIP 36 o� NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE STATE CS I UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS f 99 CASEMENT PRONSIAVS COUNTY OF A NON-EXOU!UW EASEMENT FOR &FRYING ME SAUXI4W MI5 I5 M CERTFY MAT IS ME FEE SIMPLE OMER OF ME PROPERTY AND OMEF PROPERTY MM EL£CMIC AN GRANTED TO .ffRNC£ IS HEREBY F£SER4ED F0.P AND GRANTED N SURDIO DESORMED I M ME LATIED AS SHOW HER LNF OR ME AM HAS CAUSED ME SAME TO BE 51/R1EKD, SU OREV A, AND INIVED 0 AS SHOW HT. AN DO ME USES ANC PURPOSES NOON PT FARM AS CCMMWXEALM EDISON COMPANY. AM£FN£CH /LUNGS a.k.a. l!!/NGS BELL TFLEPN0.YE RWPANY, UNDER AND STYLE AM TLE BY STANIN CAT DOES HEREBY ACKNONLmCE AND ADOPT ME SAME GpgN1£E$ UNDER ME SittE AND TIRE HEREON INDICATED. ME], WIRA ih£REPAIR £5, NIAW,SUCCESSORS AND ASSKN£ X4N2Y AND SEMINALLY 10 ME DOWEAGVED HEREBY O UEK5EA FOR PUBLIC USE ME LANDS SHORN ON MIS PLAT FOR (yTy FLgAI COt1LG�'YJ iffiIFA:pTE CLRORAT , OP MON FEPAM, TO AM, NCOIFY, RECARMO CT IZER CA SUPPLEMENT. IM,, Mg TRIO. UXS; SiF££TS ALLEYS ONO PUBLIC SEANCES UN HEREBY ALSO REMRWS UNDER FLOC ANY MANHOLTE AND FEMOI£ FFGN FMS TO RME POLE.£ CAS ANCHOR$ MMES CABLES CUSEt) IN AGREEMENT T W 1 ME UNU CABLE N CH OMER iTHEM? SUCL SSORS COMPANY S ME FRANCHISE Ml` MANHOLE$ TRANSFORMER$ PEDESTALS EWPMENT CABINETS IS OMEN FACIUFES USED M AGREEMENT WAC ME UNITED O HE LY rtAPKNL[E. MOF SUCCESSCFS AND ASLGV$ ME EASEMENT STAi£ (X 6UNOI5j CWNECMXI MM SOUNDS AND SI S IN, ONDW DER CROL%I/FW LA EUPON ME PFONSIIM'S WIIGI ARE STATED HFF£QV. J9t SURFACE SOUNDS AND 9GWIS IN, OYES, D OFF. THUD LINES lo, AND UPON ME COUNTY OF NENOAIG) SN WE LA ME PROPERTY SHOW MMIN WE DASHED N . PUBLIC LINESTY EASEMENT!NT!igT UE. BO VNOWS OF FURTHER CENDAy MAT ALL HO FIE LAND MCLVOED IN MIS PLAT LIES MMM ME p! ME dANO llmK EASEMENT; LFLITY EASEMENT' PUBLIC AMY EASEMENT' P.U.E.' BOUNDARIES OF )UPKN(IF CG.INUNl1Y UNIT SfNOIX DISTRICT 11S APPROVED Of ACCEPTED BY ME PUN COMMISSION b' ME for Nurser eMIS PLAY ME AKIN PROPERTY ELEMENTS-ENTS- A]£D IN ME OEC(AFA MA OF CWOWINMM DAND AT MI5 DAY CF TO� UNNEC ON CF YgtKNIL£, IfLIN01$ MIS —DAY OF TO_, AS VG W MIS PLAT RE S! AND EIEMEHR' ANO SO PIE)) ON OEYGNAFU W ME PUT AS CWNW AREA OR AREAS; AND ME PROPERTY 0T ME NIGHT T I FI PLAT fM RED SE AM MLEM ONNEF: CORRECTIONS ONS UN PUBLIC OR SURFACE . EACH T A ME COMMON frl INSTALL AREAS T SEANCE CAPROWM IS VNDER ME SURFACE OF EACH COT AND COMMON AREA AR AREAS TO HT TO MON CHAIRMAN CUT TRIM OR NOODLE E W ADJACENT OM AND GS AND AREA OR AREAS ME FIGHT N Cl/T, SURFACE Gt FFN SUBSURFACE MRFA BUSHES, FOCI$ SAPLINGS ARE TO CLEAR LMSFNC NE FROM BY ME REFACE ANN SUBSURFACE AS MAY BE FON THE REQUIRED PROPERTY IO NE RIGHTS NEREM GUN, AND ME RIGHT UCH i0 ENTER UPON ME PLACED NEED PANMES' FM ALL SUCH PURPOSES PRIME WSMUCDWS SHALL NOT BE R DOTO OVER ter smear r amignat CF M. ITS UPON LW AND ME ED TARN WMIN THE DASHED QP , V(PRC UTILITY(w CASEMENT!eeeign UE.- W ME PLAT AND tho I). EASEMENT' PRIOR EASEMENT' PUBLIC Or R EAMAN Tt P.U.E.' S !JTY AQL°STPATC]P:S (�}F{ELe>e sbngw de9/gnafbAN MMWT ME PRIOR MIMEO CONSENT CF ME LRANISMA AFTER ALTERED IN LY ANY 5(MN AS TO ES ME IE OE G" ME PROPER OPERATION AN SHALL NOT BE ALTERED /N A MANNER 50 AS i0 MF:RFER£ MM FT PROPER WERA FGV AND MAMhNPNCE STALE OF IWNMSJ HEREOF. AbTA�Y � •�,� )u ME DRUM COMMON ELEMENTS' SHALL HAVE CS MEANING SET M FlWM TWO SUCH ]ERIN M COUNTY p" KENDALL) ME LYE 7FRM UM PROPERTY ACT' GEPI£F D ILLS SALT. PARCEL O AREA TIME M ENE. ME ]EM COMMON AREA OR AREAS' l5 DEFINED AS A LOT. PARCEL OR AREA CF ME REAL STALE OF ) APPROVED AND ACCEPTED BY ME ON ADMINISTRATOR OF ME PROPERTY. ME BENEME USE AM COWED LO G' KMFN /5 RESERVED M MNOIE OR AS ED J ss UNl1E0 CITY OF MFNNLIE, IILMOI$ MIS SAY CF TD� APPCRRWNT. Po THOUGH SEH SU IELY DENIED LOTS PAFREV CR AREAS ME P FlE PUNNED CIX/Nry Cy j SUCH EVEN MOMM SUGI MAY NT BE NINERMSE SPA OESYWIN RE ME PLAT BY )ERNS SUCH AS WD IX ON ARE ELEMENTS! 9PEN IMAGE; OPEN AREA! TOMMOM AM CARHOP PARENTS; AND ECREAL AREA' UR CED SO IERI AREA N AREAS' AM COIIBUT L A NOTARY PUBLIC M AND fOP BE COUNTY EXCLUDES' INCLUDE REAL PROPERTY PHYSICALLY SURFACED MM MBULLR ORSEWAYI AND WNXWAY$ BUT GTY AOMINISMAiPP EXCLUDES REAL PROPERTY PNYSCA4Y OCCUPIED BY A MECHANICAL SEANCE BUSlNE55 DISTRICT OR AND STATE AFgPESAID. DO HEREBY CFft]lFY MAT S]FUCNRES SUM N AS A PWL RE UL BE POND CF GRAMMES T COU"ENT. I RELOCA WI OF FACILITIES NrtL BE Op/E BY GRANF:ES AT COST aF ME OiAN10R/LOT AM PERSONALLY KNOW N ME TO BE FK OMIFF. UPON MftITIEV FEWER . AM OF AS SHOW ABOVE, APPEARED BEFORE M£ MIS DAY AND ACKNOKEDC£0 MAT AS SUCH OEEICEFS THEY SCNED AND DELIVERED ME SAID INSMUMENi AND CAUSED THE COFPCRAT£ SEAL N BE AFFIXED MERKTO AS THEIR MET AND YXUNTARY UNOTO GTY Or YPPKNLLE ACT AM AS ME FREE AM IIXUNTARY ACT OF SAID CORPORA FqL FOR ME USES AND PURPOSES ASKEW EASTEENT PRONSONS EST FOAM. PUBLIC UMIN AND ORNNACE EASEMENT MEN UNDER MY HAND AND NOTARIAL SEAL MIS DAY DF 20_ CITY [YY/J"/ C� A ROY-E""ST EASEMENT BL HEREBY RESAND LD ADD GRANTED ]D SBC SEE WAN D BY. STATE OF ILLINOIS,) ME ED, CGVCAST OM£R PUBLIC AND DOUBLE MD AND HOLDERS OF EXISTING AND ASIVM COON BY ju AR ON OF YCAPKNIAE, PLAT A PUBLIC MDR LIN At SUCCES AND ASSWS ted P ME COUNT' OF NENDA4J D.E.) WOW U ME PUi AS PUBRU T, REP e' DRAINAGE CASEMENT'I Ear. MART P.U. Ar D.E.) N LUNDERO T INSTALL, RECONSTRUCT, REPAIR REMOLD REFACE, DD LLC MUN ER AND NOTARY Pf/BIIC UNION O AND F ACCEPE£0 IL M£ MAYOR AND GTY CWNFL OF ME OPERATE OF ME MASLETY W AND S EASE UFW SNCLUDI ADD L/N£5 UNDER ME UNTIED GIY q' 1TARKNXIE ILLINOIS MIS SAY OF TO_ SURFACE OF ME PUB(/C IRE 0 C IC UN GE CABLE T MOM UN WMWT LIMITATION TO RTCPNWE CABLE, WS MAINS EXECMIC LINE£ CABLE RBRUIT O LINES AND ALL NECESSARY FACERAS PERSONNEL APPURTENANT MENECE NECESSARY AND RE M£ FOR OF ACCESS HERETO FOR THE BRUIN ER AND EQUIPMENT NIGHT NECESSARY ANO REWASH FOR ECU USES AND E PURSHUS SURFACE AM ]ACH LO TO ME FEAT TO INSTAU.N REWIRED SEANCE CWNECFWS UNDER ME SURFACE CF MAYOR EACH GOT TO SERK IMPFOVEMENIS HEREON. A NW-EXCLUVW EASEMENT IS ALSO HEREBY RESIRWD FOR AND GRANTED N ME ONION ON STALE OF 1WHOUD OF YORKW L ACHES TO CONSTRUCT, INSTALL RECONSTRUCT, REPAIR, REMOVE, REPLACE AND )u INSPECT FACTURES FOR ME TRANSMISSION ANO OISMIWFON OF WATER, STORM SENORS COUNTY OF KENDALL) SANITARY SERENE AND ELECRha",, MANN ME AREAS SHORN ON ME PUT AS PUBLIC UTILITY @ DRAINAGE EA¢M£NT' TWEMER WIN A RIGNF OF ACCESS MEREIO FOR ME PERSOMIR AND /. COUNT• CLERK OF KENOALL COUNTY, NLMpS Da HEREBY EQUIPMENT W(ESSAFY AND REWIRED TAP SUCH USES AND PURPOSES CERAIN MAT WERE ARE NO DEUNWENT GENERAL TAXES NO UNPAID CURRENT TAXES NO UNPAID FOREMEN TAXES AM NO REDEEMABLE TAX SALES AGAINST ANY OF ME LINO INGUOED ME AWW NAMED £NRRES ARE HEREBY MANEED ME NIGHT TO ENTER UPON EASEMENTS M ME PLAT HEF£W MAW. I FURTHER CERRFY MAT I NAYS RECEIVED ALL STANTCRY FE£5 M (Jry gk,�,�•5 i� HEREIN DESCRIBED FOR THE USES HEFEM SET TERM AND ME RIWT TO WT, MM( OR REMOVE CONNECTION WM ME PUT HERFJN MAW ANY LEE$ SHRUBS OR OMER PUNTS WMIN ME AREAS DESIGNATED AS PUBLIC UTILITY AND DRAINAGE EASEMENT' WADI INTERFERE WM WE CGISIRUCBM. /NSTAW BON, RESINSMUCMU.. GVEN UNDER NY HAND AND SEAL CT ME COUNTY CXFFH AT YPPKNXLE STALE OF tt(NIGS) REPAIR. REMOVAL REPLACEMENT, MAINTENANCE AND OPEAAFW Or MBA UNDERGt0UNO ) SS TRANSMISSION AND OISTMBURM ENVEMS AND FACILITIES APPURTENANT HERETO NO ILLINGS MIS DAY OF 20_ COUNTY (Y KENDALL) PERMANENT NUMBING% STRUCNRE$ OR MSMULRONS SHALL BE 0105MUCTFB M, UPW, UP OVEN ANY AREAS DESGYAIN AS PUBLIC OWN A DRAINAGE EASEMENT' BUT SUCH AREAS MAY BE USED FOR GARDENS. SHRUB$ ME£$ LANDSCAPING ORTWHAM AND OMER RELIED O .EE WrNROT. GT• ENGRAER FAR ME UNITED CITY OF YCFKNLLE DO HEREBY CERTIFY MAT ME PURPOSES MAT 00 NOT UNREASONABLY MTERNBE WIN ME USES HERBED DESCRIBED. REWIRED IMPROWY NIS HAW BEEN INSTALLED OR ME REWIRED GUARANTEE COLLATERAL HAS BEEN POSIEO FW WE COMISMON OF ALL REWIRED IMPROKM£M% ME OCCUPATION AND USE OF ME NW-EXCLUSV£ EASEMENT HEREIN GRANTED AND RESERVED COUNTY CLERK FOR ME ABOVE NAND ENFF£S BY EACH OF NW TURNER SHALL BE DONE IN SUCH A MANNER OATH AT rtMKNLLE WOODS MI5 DAY Oe — TD_ 50 AS NOT N INTERFERE WIN OR PRECLUDE WE OCCUPATION AND USE FrtFEOr BY OMSA MRUES FOR WMW SUCH EASEMENTS ARE GRANTED AND RESMWN F2 MOSSING AND RECAOSSNG CF SAID EASEMENTS BY ME MOW NAMED ENFRES SHALL W DAVE IN SUM A MANNER W AS NOT N INTERFERE WM DAMAGE M MIZAAS ANY TRANSMISSION AND DISMIBUFW SY51EM5 AND FA(XFES APPURTENANT HERETO EXISTING WMIN ME GSE&ANS BEING CROSSED OR RECROSSED. NO USE W OCMPADM OF SAID EASEMENTS BY ME ABOVE ON ENGINEER NAMED ENRFES SMALL CAUSE ANY CHANGE IN GRADE OR IMPAR OR CHANCE TITRE SURFACE DRAINAGE PATTERN$ $TAI£ (F MLINGSJ )u NLLOMNM ANY NCRK TO EI PERFORMED BY WE UNITED HA OF YOBLIGA IN ME RESPECT OF COUNTY OF KENDALL) NS EASEMENT HYLA , IM MANG , T CITY SHALL NM. M LMLM TONS MM RESPECT TO SURFACE NT OF AND INGUryNG BUT NOT LIMNED M. HR PEST, PROD REPAIR % MIS E RECORD NO WAS FILED FOR RECORD MAT SAID O OF PAVEMENT, CURD CUTTERS FOOL ME£S UNN OR NAKOBERY, PFONON, FAL A , IN M£ FELCFOERY OFFICE OF KENDALL A MIMGS, W FNS MAT SAID b1Y SHALL BE O SO A FIXLOMNI SHEH SUITABLE DROA LAC , M TO BACTCH AND DAY O£ I0� AT OELOCK _.M IYTY CY—=-:G (ffiTFK`.ATE MOCHA ALL TR£NM C/IEA LET SO AS TO FETAL EXCESS IE WNND B Et. COLD PATCH ANY ASPHALT OR AREA IN SURFACE. N FEAAN AND RKMA DEBRIS AND SPOL AND N /EA VE ME SiAI£ OF RLINOSJ MA/N]EUANCE AREA M A GENERALLY CLEAN AND XORKMANUNE CWMTION. )u KENDALL COUNTY RECORDER COUNTY OF KEMALL) APPROVED AND ACCFPIN BY ME MAYOR AND ON CWNCL OF WE UNNTO ON OF YORKNLXE. IUNOI$ BY ORDINANCE Na AT A MEETING HELD THIS _DAY OF I0- PRELIMINARY/FINAL PLAT OF SUBDIVISION GTY CLERK PRAIRIE POINTE FIRST ADDITION NOTICE: PART OF LOT 2 IN PRAIRIE POINTE SUBDIVISION, Kendall County has a long, nch tradition in agriculture UNITED CITY OF YDRKYILLE, and respects the role that Farming continues to ploy In shaping the economic viability of the country. KENDALL COUNTY, ILLINOIS Property that supports this Industry Is Indicated by o zmhMq Indicator - A-I or AS Special Use Anyone onstr clog o residence or fac✓IN near this rasing BENSONS I DAN BY: INI: DAIS: PROTECT NO. should be aware that normal agricultural practices may result M Occasional smel ls, dust. sights, noise L C!D 5 19 OB 060444 and unque hours of operations that are not (pkol n a DSri BY: TNT: HIXi1Z SCALE SHUT N0. other ✓ashy andurs. I sc LHK BT: TNT: PERT SCALE: Y OF Z MRF CHILDREN OF AMERICA DAYCARE CENTER N UNITED CITY OF YORK VILLE N 0 ad 20 B zB aB w � a A A A Proposed Lot 2A vmpomtl lot line betWem 2A and ze `\ V/ A A A 14.XB, A / v �/ � , �v vy vvy °aa° I,f LOT 2 LEGAL DESCRIPTION sop 'Install Vinyl lance /(/ o tlpmposetl Prop d Lo't�2B THAT PART OF LOT 2 IN PRAIRIE POINTS SUBDIVISION LYING SOUTHEASTERLY OF LINE DESCRIBED AS FOLLOWS BEGINNING FOU tivmpmaw pad. p AT A POINT ON THE NORTHEASTERLY LINE OF BAD LOT 2,SAID POINT BEING 179.69 FEET NORTHWEGTERYL OF THE MOST W5 Q EASTERLY CORNER OF SAID LOT 2: THENCE SOUTH W DEGREES 58 MINUTES OB SECONDS WEST.211.51 FEET TO A MINT ON Nho� U / Install say lemtl THE SOUTHWESTERLY LINE OF SAID LOT 2, BEING A PART OF SECTION 21 AND SECTION 28, BOTH IN TOWNSHIP 37 NORTH, h amund Reposed RANGE i EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE UNITED DIN OF YORKALLE BRISTOL TOWNSHIP,ACCORDING TO O W ply area THE PLAT THEREOF RECORDED NOVEMBER W,20M AS DOCUMENT 28OGSIRS8. IN KENDALL COUNTY,ILLINOIS. Q O$ 'X A DFIN� $ 1460 KNOWN AS PROPOSED LOT 28 CRIMSON LANE, YORKVIITE, ILLINOIS. O WM I- P� al sale O s Is UL md T/ tg �� M' V Y MIS < PROPOSED PLAYAREA 3 z U ❑ i �Ttt, F PROPOSED ONESTORY H 2 . ✓ v A / A \ x V CHILDREN OF AMERICA G] X. DAYCARE CENTER BUILDING Y3 b� FINISHED FLOOR y j Z2 -a ELEVATION ELEVAnON-6BBBB d 4 DO 2 \ � F It HaMwap FaMln9fi9n \ iaxecwmouux xiwp R.wa[a 6 z O Goo° .� A A (9 0 tal T6 6Beel) _ A A V LEGEND: , YRKsWGu$IGxryS tapaeG OF > an� Ex � uaN m+ W V 1 S Hand pR Raise Oealw SM1eO 6� PROPOSED BITUMINOUS PAVEMENT °E V �1 R] ti �j Ha 4 pParking riG9n ! zxmxms µum E ar IL (See OelaN On lNS 66ea1) (OO �/8 wt(] Aw4Y AV PROPOSED CONCRETE SIDEWALK upx scry To ^TLS sJ Bc{n �e� / \ aup:5xwnxF V / YYII, / p� / 6 Y RESERVED Ozi NDTEB: y0 6 / t OMEGGE O DIMENSIONS TO EDGE OF PAVEMENT O 0 SRS FROM EO OTHERWISE INDICATED. E OF PAVEMENT \ JawLb / / a ,g �.�w UNLESS OTHERWISE INwcAreO. PARKIN(; W 2. ALL PAVEMENT RADII SHOWN ARE MEASURED FROM $ T?� $ / // THE EDGE OF PAVEMENT UNLESS OTHERWISE uF us' O` INDICATED. w 1=11Y `\ C\ 3. ALL PROPOSED CURB E861NCH TYPE'D' BARRIER CURB. SITE y W/ 0� TOTAL AREA OF LOT 2:288 ACRES(125.412 SO. FT) m3 AREA OF PROPOSED LOT 2B:IN ACRES @ IILII� Qi Curb (See Count (P� r LOT 3 BUILDING FOOTPRINT AREA W WN 1O, O SO. FT, sV2SO FINE U an$Nest O) ry RT / / / STANDARD PARKING STALLS PROVIDED t 37 I Curs O"IIBI R4pd �a OOO""6p HANDICAP PARKING STALLS PROVIDED: 2 HANDICAP Q Q (Bee Detail q �R /R24,50 TOTAL PARKING STALLS PROVIDED: 39 GO cm Seel 8) PARKING SIGN DETAIL o r' ed Cq ro Ewby`udxyBDa"�9e Easy % RNSWSpx e wxTEKaNR CmsrMaoLOnewT �i `\_ a Tent ?e BI.xaDARp'IG'PE,Taw.,aFaT A .R Arc_ Ch R B. of Ree Stu Cy Jab.50 bead o- �. R2000- V \ A 7•a W ca ex I U }� -- _ HANDICAP SYMBOL HANDICAP SPACE LAYOUT HANDICAP PARKING SYMBOL MARKING DETAILS PROJECT NO.: US75A SHEET z c/rye United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 PC # APPLICATION & PETITION Please Cheek One: Preliminary Plan Final Plat Development Name: fI A MR f, t otw 4 L Date of Submission: S-] 7.01 °s 1 . Name of Petitioner(s): T,, , I6 4P6J , '?e'nn ZA. QV. y �a li Ga1a� Qa .¢ Address: (o 17P.. � /nr le u . L 4eorcao Phone Number: 6 30, s-S'3. �71Tcae C Fax Number:t (o Po. rss. 7 cm r/( Email Address: 5 poAA'c cJ ( 5 ���c 2, a). Street address and physical location of subject property: P41Q IE �e,k Ft 1� e1 v�� b). Legal description of property; attach as Exhibit "A". c). Total Acreage: Z. 83 3 . Contact Information: Name, address, phone number', fax number, and email address of person to whom inquiries regarding this petition may be directed:, m 5 eN I Jo 04 J — ( zwr-,oz ovv .4l* « 60.+e l Attorney: Name: %. Zdu K Address: q0 SziI L srr� 4 C9Ns*I» l L- 4ut" /L &ooAl Phone Number: &Y. H59. 8soo Fax Number: 3/9. c/s9, gee Zq Entail Address: %ZAn!!K 6) Zt lars 0. at Page I or a United City of Yorkville Prelimiuty/Finul Plan Application Revked: 1/27/06 Continued - 3 . Contactlrnformation Engineer: Name: Pe- 4 Hu.mlG&&A. Address: &S? j6r2er .e.r is Po..-4,rC DR . VI k A��� /c. looJ� Phone Number: Gam. s-.rS. -7 .r Leo Fax Number. & 90. fr 3. 'to qG Email Address: Land Planner: Name: Address: &3-/ /00a1 rzrc �. �/'• J/u�/Lt , / C (ealt40 Phone Number: Fax Number: &,fo, sS'y. 7& 4/& Email Address: ez, fee. v0�-P/ � ` . r�0. 4. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to Page 3 of this application "Petitioner Route, Step 1 , Fees" and/or' contact the Deputy Clerk for verification of this amount'). c . To begin the review process, the initial submittal must consist of: 1 . 12 sets of Preliminary Plans /Final plats folded to St in a 10" x 13" envelope 2. 7 sets of Landscape Plans folded to fit in a 10" x 13" envelope 3, 7 sets of Preliminary /Final Engineering folded to fit in a 10" x 13" enveloped. d . One CD containing one electronic copy (pdf) of each of the signed application (complete with exhibits), preliminary plan or final plat, landscape plans, engineering plans. Within one week of receipt of submittal, the Engineering Department will determine if it is complete or if additional information is needed Once the submittal is complete, the Plan Council Meeting date will be scheduled for the next meeting that is 6 weeks from this date . One week prior to your scheduled Plan Council meeting, you will be required to submit 15 frill size preliminary/final site plans for the packets distributed to the members. rage , of s United City ofYorlwille Preliminary/Final Plat Application Revised: 1127/06 In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are hue and correct Date: /Z .0 < °S Petitioner(s) Signature: (All legal property owners signatures or their authorized agents (i a Planner, Petitioner's Attorney, Engineer) must appear on this application ) Subscribed and sworn to before me this a o7N day of M Aid 200,0 �. - N Ty Seal OFFICIAL JUDITH MK • i ;cR NOTARY CO aueuc - s 7 ff q ,ICATION MUST BE NOTARIZED. MY COMMISSION E+« - :S 01131/12 Page 3 of a United City ofYodwille Preliminary/Fired Plat Application Revised- 1127/06 D cl p , Reviewed By: Agenda Itt{em Number C , s Legal ■ �� �� EST. I AN 1836 Finance ❑ 1 – Engineer ■ –�_ — Tracking Number City Administrator ❑ Consultant ❑ PC 2008-17 Agenda Item Summary Memo Title: United City of Yorkville– 185 Wolf Street–Preliminary and Final Subdivision Plat Meeting and Date: EDC/July 3, 2008 Synopsis: Request for Preliminary and Final Subdivision Plat Council Action Previously Taken: Date of Action: N/A Action Taken: Subdivision Plat Approval Item Number: Type of Vote Required: majority Council Action Requested: Approval of Preliminary and Final Subdivision Plat Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report 44�oD Cl p. ,� m On Memorandum a To: EDC EST. 1836 From: Travis Miller/Stephanie Boettcher �0i ~ W Cc: Lisa Pickering, Deputy Clerk 140 SIM O Date: June 5, 2008 �� Wmc ' Subject: PC 2008-17 Betzweiser Property - Plat of Subdivision LE Background The Plan Commission reviewed this request June 11, 2008 and made the following actions: - Motion to recommend approval of Preliminary Plan subject to addressing staff comments 6 ayes; 0 no - Motion to recommend approval of Final Subdivision Plat subject to addressing staff comments 6 ayes; 0 no Subdivision Request The City has negotiated the purchase of 3.54 acres in the Fox Industrial Park south and west of the Badger Street and Wolf Street intersection. There are two existing buildings on the property, one the City plans to acquire, and one which has been condominiumized and will not be acquired which is within `Parcel One' described on the subdivision plat; The City Ordinance (as well as State statute) requires a subdivision to be created if the purchase or transfer of the property involves new streets or new easements of access. A new easement of access is required in this case to serve `Parcel One'; therefore, a subdivision had to be created. Subdivisions are required to be composed of lots (or in this case a single lot). This subdivision has only one lot (Lot 1) that includes the entire property shown less `Parcel One' (the condominiums). The Subdivision Plat document was prepared under the guidance of staff; The access easement is on the existing paved areas within the shaded portions of the plat. Any future paving in the southern portion of the lot will not be part of the access easement, but will be for City use only. Comprehensive Plan Recommendation for the Property The 2005 Comprehensive Plan proposes Industrial land use for the subject property. The Comprehensive Plan for Industrial Land Use states: "[Intent/ to allow limited general manufacturing, assembly, wholesale and warehouse uses in distinct areas that can be served well by transportation and other infrastructure. " f ElizabethS�tl,_i 4 --- ,� Beaver St _ CIO 0 Garden St 0. �s r �C i 47 R 1 � 1 +uaa� ANY alsh-6ir p ster-Dr United City of The Data is provided without warranty or any representation of x ty accuracy,timeliness,or completeness.It is the responsibility ofthe Parcel Data and Aerial Photography 'Requester"to determine accuracy,timeliness,completeness,and w Provided By Kendall County GIS appropriateness of its use.The United City of Yorkville makes no s warranties,expressed or implied,to the use of the Data. FINAL PLAT OF TIM UNITED CITY OF YORKVILLE N SUBDIVISION PART OF THE NW QUARTER OF SECTION 4 AND THE NE QUARTER OF SECTION 5, T. 36 N.. R. 7 E. OF THE THIRD PRINCIPAL MERIDIAN, IN THE UNITED CITY OR YORKVILLE, KENDALL COUNTY, ILLINOIS. F- 0 40 80 UA a SCALE FEET ~ aV I LEGEND WI = INDICATES SET CONCRETE MONUMENT: 5/8- u1 5 REBAR OR SURVEY MARKERS HAVE BEEN SET AT ALL Fv:( R PARK \ OMER LOT CORNERS, ANLLE POINTS AND POINTS OF IGiOTRIAL Q CURVATURE CURRENTLY NOT MGN UM EN TED LOT 5 BLOCK 2 _ FOUND IRON UNIT PIPE AT CORNER YOU 52'08'W 47 SET IRON ao0 _ oss WOLF ti STRE 2759' (PRENOus, m ET SET IRON ROD SON 44'GYE � SERMON ROD OEUCAGED) I N 8152081.00 171 .79 nCN 240,22' I Exc - 588'1553"W P.oB B. FOUND IRON 1 PIPE AT CORNER - RNORESS/EGREES EASEMENT HEREBY GRANTED OVER ALL PAVED AREAS.IN SHADED ' AREA Z ED Ell Or qa TO TC PARF.L. pB •••• AI! Ac, .) EXISTING I IC o METAL BNLDINO V r o:S 1 ad vE s o owl ow 'E' zW 0§ AGE A 0 c0 WGIM do S88'15'53"W I , 'R A.. =A4 : 177 .79• � wo- SOCK 2 INGRESS/EGRETS EASEMENT- "T SEi SURVEY MARKER '. SET IRON RICO HEREBY GRANTED OVER ALL 1/// I PAVED AREAS IN $HgOED S 06135'55 W 1 AREA 408.92 _ _ __ - z Wo I i op II I $ 9 LOT 7 £ 1 (3s4o AE,ex) I I I I FOR ALL EXISTING EASEMENTS REFER TO NOTE 1 II I II I SET CONCRETE _ _ MONUMENT - C T Y E N G I N E E R S C E R T I F I C A T E EXISTING STORM WATER MANAGEMENT EASEMENT PER STATE OF ILLINOIS) DOCUMENT 200000001187 COUNTY OF KENDALL) S S 4 81 50.59' ) 5 2'08"E 1, JOE WYMOT, Cltt ENGINEER FOR WE UNITED CITY OF YORKVILLE, 00 HEREBY CERTIFY NAT TIE REWIRES IMPROVEMENTS HAVE BEEN INSTALLED OR ME REQUIRED GUARANTEE COLLATERAL HAS BEEN POSTED FOR THE COMPLETION OF ALL REQUIRED IMPROVEMENTS. MET CONCRETE p,D. . ONUMENT B FATED AT YORKVILLE, ILLINOIS MIS DAY OE�. 2008, CITY ENGINEER CITY COUNCIL CERTIFICATE RECORDER ' S CERTIFICATE COUNTY CLERK ' S CERTIFICATE STATE OF ILLINOIS)ss STATE or ILLINOIS) STATE OF ILLINOIS) )ss COUNTY OF KENDALL) COUNTY OF KENDALL) COUNTY OF KENDALL) APPROVED AND ACCEPTED BY THE MAYOR AND CITY COUNCIL OF WE I, _------_-----_---, COUNTY CLERK OF KENDALL COUNTY. ILLINOIS. 00 HEREBY IRIS INSTRUMENT N0. WAS FILED FOR RECORD CERTIFY NAT THERE ARE NO DELINQUENT GENERAL TAXES, NO UNPAID CURRENT TAXES. NO UNITED Cltt OF YORKNLLE IWNORE IRIS ----DAY OF______ 2008. UNPAID FORFEITED TAXES, AND NO REDEEMABLE TAX SALES AGAINST ANY OF NE LAND IN WE RECORDER'S OFFICE OF KENDALL COUNTY. ILLINOIS, ON NIS _______ INCLUDED IN ME PLAT HEREIN DRAWN. I FURTHER CERTIFY NAT I HAVE RECEIVED ALL STATUTORY FEES IN CONNECTION WITH ME PLAT HEREIN DRAVM. DAY OF 2000, AT ---_--------- O'CLOCK ___M. LIVEN UNDER MY HAND AND SEAL OF THE COUNTY CLERK AT YORKVILLE. MAYOR ILLINOIS, MIS ----DAY OF ---------_---------- 2008. KENDALL COUNTY RECORDER C I T Y C L E R K ' S C E R T I F I C A T E COUNTY CLERK CITY PLAN COMMISSION CERTIFICATE STATE OF ILLINOIS) WE STATE OF ILLINOIS) COUNTY OF KENDALL) )SS COUNTY OF KENDALL) S U R V E Y O R ' S C E R T I F I C A T E APPROVED AND ACCEPTED BY THE MAYOR AND CITY COUNCIL OF ME UNITED CITY OF YORHNLLE, ILLINOIS. BY ORDINANCE NO.- __---------- APPROVED AND ACCEPTED BY THE PLAN COMMISSION OF THE STATE OF ILLINOIS) AT A MEEPNG HELD THIS _____SAY OF _ -__ 2008. UNITED CITY OF YORKVILLE, ILLINOIS, MIS ______ DAY OF-----------, 2000. COUNTY OF KANE))ss THIS IS TO CER➢FY MAT I, MARK G. SCH1lER, ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 35-3581, AT THE REQUEST OF ME OWNER THEREOF, HAVE SURVEYED, SUBDIVIDE AND PLATTED —_----------------- ME FOLLOWING DESCRIBED PROPERTY; THAT PART OF THE NORTHWEST QUARTER OF SECTOR 4 CITY CLERK CHAIRMAN AND ME NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORM RANGE Z EAST OF ME THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT ME SDUMMST CORNER OF LOT 1, BLOCK 2. FOX INDUSTRIAL PARK. UNIT 0. KENDALL COUNTY ILL THENCE NORTH 01 DEGREES 44 MINUTES 07 SECONDS WEST ALONG THE WEST LINE OF SAID LOT, 390.00 FEET TO ME NORTHWEST CORNER THEREOF: THENCE NORTH BI DEGREES 52 MINUTES 08 SECONDS WEST ALONG ME SOUTH LINE OF NOLF STREET AND ME SOON LINE OF LOT 5, BLOCK 2, FOX O W N E R S H I P C E R T I F I C A T E INDUSTRIAL PARK. KENDALL COUNTY. ILLINOIS, UNIT S. A DISTANCE OF 470.59 FEET TO THE SOUTHWEST CORNER OF SAID LOT 5: MERGE SOUTH 01 DECREES 44 MINUTES 07 SECONDS EAST ALONG ME NEST LINE OF SAID LOT 5 EXTENDED SOUTHERLY, 390,00 FEET TO THE SOUTH LINE C I T Y A D M I N S T R A T 0 R S C E R T I F I C A T E OF SAID LOT ONE EXTENDED WESTERLY; THENCE SOON 81 DEGREES 52 MINUTES LB SECONDS STATE OF ILLINOIS) EAST ALONG SAID EXTENDED SOUTH LINE 470.59 FEET TO ME POINT OF BEGINNING, EXCEPTED ) 55 THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT ME SOUTHWEST CORNER OF SAID LOT 1: COUNTY OF KENDALL) THENCE NORM 01 DEGREES 44 MINUTES Oi SECONW WEST ALONG ME WEST LINE OF SAID LOT, STATE OF ILLINOIS) MGM FEET TO ME NORTHWEST CORNER THEREOF, THENCE NORM 01 DEGREES 52 MINUTES 08 NIS IS TO CERTIFY NAT ME UNITED CITY OF YORKVILLE, AN IUTNOR LIT, IS ME FEE )SS SECONDS WEST ALONG ME SOUTH LINE OF SAID WOLF STREET AKIO ME SINN LINE Or SAID SIMPLE OWNER OF THE PROPERTY DESCRIBED IN ME FOREGOING SURVEYOR'S COUNTY OF KENDALL) WT 5. 240.22 FEET. THENCE SOON 01 DEGREES 44 MINUTES 07 SECONDS EAST, 27.59 FEET:CERTIFICATE AND HAS CAUSED ME SAME TO BE SURVEYED, SUBDIVIDED, AND PLATTED THENCE SOON 01 DEGREES 44 MINUTES 07 SECONDS EAST, 55.04 FEET: MERGE SOON 88 AS SHOWN HEREON FOR ME USES AND PURPOSES HEREIN SET FORM AS ALLOWED AND APPROVED AND ACCEPTED BY WE CITY ADMINISTRATOR OF THE DEGREES 15 MINUTES 53 SECONDS WEST, 9179 FEET: THENCE NORTH 01 DEGREES 44 MINUTES PROCEED FOR BY STATUTE, AND DOES HEREBY ACKNOWLEDGE AND ADOPT ME SAME W SECONDS WEST 155.04 FEET: THENCE NORM 88 DEGREES 15 MINUTES $3 SECONDS EAST, UNDER ME STYLE AND MME THEREON INDICATED. OIJ9 FEET TO ME POINT OF BEGINNING, ALL IN ME UNITED CITY OF YORKMILLE, KENDALL UNITED Cltt OF YORKVILLE, ILLINOIS, THIS ______DAY OF_ _ _ _ _ _ 2008, COUNTY. ILLINOIS. ME UNDERSIGNED HEREBY DEDICATES FOR TURD USE NE LANDS SHOWN ON NIS PLAT FOR THOROUGHFARES, STREETS, ALLEYS AND PUBLIC SERVICES; AND HEREBY ALSO I FORMER CERLEY THAT THE PLAT HEREON DRAWN IS A CORRECT AND ACCURATE RESERVES FOR ANY ELECTRIC, GAS, TELEPHONE, CABLE TV OR O R ER REPRESENTATION OF SAID SURVEY AND SUBDIVISION. ALL DISTANCES ARE SHOWN IN FEET AND TELECOMMUNICATIONS COMPANY UNDER FRANCHISE AGREEMENT WITH THE DUMB CITY __ DECIMAL PARTS THEREOF. OF YGRKVILLE, WEIR SUCCESSORS AND ASSIGNS. THE EASEMENT PROVISIONS WHICH ARE CITY ADMINISTRATOR STATED HEREON. I FURTHER CERTIFY NAT NO PART OF THE ABOVE DESCRIBED PROPERTY IS LOCATED WITHIN A THE UNDEVELOPED TURNER CERTIFY NAT ALL OF ME LAND INCLUDED IN NIS PLAT SPECIAL FLOOD HAZARD AREA AS [CENTERED BY ME FEDERAL EMERGENCY MANAGEMENT AGENCY BASED ON FIRM 17034100750. DATER. JULY 19 SF2 ALL OF NE PROPERTY IS LOCATED IN LIES MIND THE BOUNDARIES OF YORKVILLE UNIT SCHOOL DISTRICT No 115, ZONE O AREAS OF MINIMAL FLOODING. DATED AT YORKVILLE, ILLINOIS, MIS DAY OF ------------ 2608. I FURTHER CERTFY THAT ALL SUBDIVISION MONUMENTS WILL BE SET AND I HAVE DESCRIBED THEM ON THIS FINAL PLAT AS REQUIRED BY ME PLAT ACT (755 LOS 205/). THE ETMNft10R PARCEL ONE SUBDIVISION MONUMENTS HAVE BEEN SET AND INTERIOR MONUMENTS WILL BE SET WHEN 2 MONTHS OF WE RECORDING OF NIS PLAT (BECTON 1270-56 OF ME ILLINOIS PROFESSIONAL NAT PART OF WE NORTHEAST CHARTER OF SECTOR 5 AND NE NORTHWEST QUARTER OF SECTION 4. LAND SURVEYOR ACT OF 1989) UNTIED CITY OF YORKVILLE TOWNSHIP 35 NORM, RANGE 7 EAST OF ME WIRE PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS'. KENO ALL COUNTY, ILLIrvG15. COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; WENM NORTH 01 DEGREES 44 MINUTES 07 1 FORMER CERTIFY NAT ME PROPERTY SHOWN ON ME PLAT HEREON DRAWN IS STUA c0 SECONDS WEST ALONG ME WEST LINE OF SAID LOT, 39060 FEET TO ME NORHWEST CORNER WIND ME CORPORATE UNITS OF WE UNITED CITY OF YORKVILLE, (OUNCE, WHICH IS EXERCISING THEREOF; MERGE NORM 81 DEGREES 52 MINUTES OB SECONDS WEST ALONG ME SOUTH LINE OF SAID THE SPECIAL POWERS AUTHORIZED BY DIVISION 12 OF ARTICLE 11 OF ME ILLINOIS MUNICIPAL WOLF STREET AND ME SOON LINE OF SAID L07 S. 24002 FEET: THENCE SOUTH 01 DECREES 44 CODE AS AMENDED. MINUTES 07 SECONDS EAST. 27.59 FEE P, THENCE SCAM 01 DECREES 44 MINUTES 07 SECONDS EAST. GIVEN UNDER MT HAND AND SEAL AT SUGAR GROVE, IOUNOIS, NIS 27TH DAY OF MAY, 2000. 155.04 FEET[ THENCE SOON 58 DEGREES 15 MINUTES 53 SECONDS WEST 171 79 FEET: THENCE NORM BY: _ _--__------------ LI DEGREES 44 MINUTES 07 SECONDS WEST. 155.04 FEET; THENCE NORM 88 DECREES 15 MINUTES 53 MAYOR SECONDS EAST, 17179 FEET TO ME POINT OF BEGINNING, ALL IN ME UN170 CITY OF YORKVILLE, KENDALL COUNTRY ILLINOIS. ILLINOIS PROFESSIONAL LAND SURVEYOR, NO. 3561 LICENSE EXPIRES NOVEMBER 30, 2008 Bv: �cvO V'R" 1MM 111 CITY CLERK NOTES �'8 ry� L RECORDER)ALL EXISTING UTILITY EASEMENTS NOT SHOWN HEREON REFER TO 000. 200600001187 i • LAND REGORDEO AT THE KENDALL COUNTY RECORDERS OFFICE IN FF 15-11. #I supmel1 2. AN INGRESS EGRESS EASEMENT IS HEREBY GRANTED FOR THE BENEFIT OF THE ABOVE DESCRIBED pyy8 %VL PARCEL 1 OVER ALL PAVED AREAS IN SHADED AREA DEPICTED ABOVE. °j111gR CR�J== ti6 CAUL ENGINEERS k LAND SURVEYORS 52 Wheeler Road Sugar Grove, Illinois 60554 PAGE 1 OF 1 Phone: (630) 466-9350 WAS: Yo0e0701 PLAT OF CONDOMINIUM SURVEY AND E=BIT OF THE FIRST RESUBDIVISION OF 181 WOLF INDUSTRIAL CONDOMINIUMS " PART OF THE NE QUARTER OF SECTION 5 AND THE NW QUARTER OF SECTION 4, T. 36 N , R. 7 E. OF THE THIRD PRINCIPAL MERIDIAN, IN THE UNITED CITY OR YORKVILLE, KENDALL COUNTY, ILLINOIS. OWNERSHIP CERTIFICATE STALE OF ) 0 50 100 COUNTY of ----------- SCALE THIS IS To CERTIFY NAT ME UNDERSIGNED IS RTE OWNER OF THE PROPERTY DESCRIBED ON THE ATTACHED PLAT USES AND PURPOSES AS PI SAME INDICATEDE THEREON. AND SUBDIVIDED AND PLATTED ACKNOWLEDGE AND P DOME PT THE TSAME r FOR UNDER THE STYLE AND LE THEREON INDICATED. •Wu ME u °w THE UNDERSIGNED OF YORKVILLE FVRMER CMUNITY IT S ALL DI ME IANO MCLUOEO IN THIS PLAT LIES WITHIN THE BOUNDARIES OF D AND COMMUNITY UNIT SCHOOL DISTRICT 115. — — _ _ _ WITNESS MV RAND AND SEAL AT MIS _____ DAY E__—----_ � 2008. FOX I:ru3TRla. PARK a S - _ 5 5 POOR 2 _ -0N'R W 1 - ---- ART'52'01 — N O T A R Y C E R T I F I C A T E 1 11 4;0.59' _ I (PREVIOUS S772EET r` (PREWOU OWICAT 27,59' —7 - -_ I SLY STATE of 1 CRT IRON ROD soil 07 ' SET IRON ROD N �L I_ RO) 61'52'08"— 1 COLDTY OF 1 ) ss 1 171.79' A 0.8. 24022' W 1 _ NOTARY PUBLIC IN AND FOR THE STATE DEISTIC 53"E 9 1 Y�11 -FO AND COUNTY AFORESAID, HEREBY CERTIFY NAT JAMES REINERT, PERSONALLY KNOW TO ME TO BE ME SAME 9 FOR EXISTING EASEMENTS EM IT FORMER PERSON WHOSE NAME IS SUBSCR18ED TO ME FOREGOING INSTRUMENT, APPEARED BEFORE ME NIS DAY AND SEE NOTE 1 ACKNOWLEDGED THE EXECUTION OF THE ANNEXED PLAT AND ACCOMPANYING INSTRUMENTS FOR THE USES AND PURPOSES THEREIN SET FORM AS HIS FREE AND VOLUNTARY ALT. Z 181 WOLF STREET (� O 3 82' GIVEN UNDER MY HAND AND NOTARIAL SEAL TNT$ __— DAY OF__-------------------- 2008. g^ 'p. D, 160 N' N `B 1 9 c $° NIT D uu E UNIT F� On UNIT A UNIT a UNIT c u p AS IN NOTARY PUBLIC g3$ f Oo §W GUS F4 .I v5 a csO 3.32' c`d O W N E R S H I P C E R T I F I C A T E 000l 160ai 5 .(91 STATE OF _____ ) m `T )SS 171. 79" SET IRON Roo COUNTY OF _—____) SET IRON ROD S88 15'53"W THIS IS TO CERTIFY NAT THE UNDERSIGNED IS THE OWNER OF TIE PROPERTY DESCRIBED ON THE ATTACHED U � PLAT AND HAS CAUSED THE SAME TO BE SURVEYED, SUBDIVIDED AND PLATTED AS SHOWN BY ME PLAT FOR o p ME USES AND PURPOSES AS INDICATED THEREON, AND DOES HEREBY ACKNOWLEDGE AND ADOPT THE SAME 1 $ a UNDER THE STYLE AND TILE THEREON INDICATED. THE UNDERSIGNED FURRIER CERTMES THAT ALL OF THE LAND INCLUDED IN THIS PLAT LIES WITHIN THE 4 BOUNDARIES OF YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT 115. NEMESIS MY HAND AND SEAL AT ME -___ DAY OF------------____ 2006, I I ____ ____________ JOSE HOUSE I 1 I NOTARY CERTIFICATE L - _ _ _ J MILIN9 KNOW PATH MANARMENT PEER STAN OF x705 CADYAGNT COUNTY OF ner M Sal'52'Ofi"E 1 - - _ NOTARY PUBLIC IN AND FOR ME STAGE O W N E R S H I P C E R T I F I C A T E 1 Po AND COUNTY AFORESAID, HEREBY CERTIFY THAT JOSE PONZE, PERSONALLY KNOW i0 ME TO BE ME SAME ` "F' PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, APPEARED BEFORE ME MIS DAY AND STATE OF ) ACKNOWLEDGED ME EXECUTION OF ME ANNEXED PLAT AND ACCOMPANYING INSTRUMENTS FOR TIE USES AND )SS PURPOSES THEREIN SET FORTH As HIS FREE AND VOLUNTARY ACT COUNTY OF ---------) GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS __ DAY OF-----_---- 2003, MIS IS r0 CERTIFY THAT ME UNDERSIGNED ARE ME OWNERS OF THE PROPERTY DESCRIBED ON ME ATTACHED PLAT AND HAS CAUSED THE SAME i0 BE SURVEYED. SUBDIVIDED AND PLATTED AS SHOWN BY ME PLAT FOR ME USES AND PURPOSES AS INDICATED THEREON, AND DOES HEREBY ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE AND TIRE THEREON INDICATED. ME UNDERSIGNED FURTHER CERTIFIES MAT ALL of THE LAND INCLUDED IN MIS PLAT LIES WITHIN ME BOUNDARIES OF YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT 115. NOTARY PUBLIC WITNESS MY HAND AND SEAL AT OWNERSHIP CERTIFICATE MIS __ DAY OF _---_---------- 2008. STATE OF ) )SS GREG WEHRMEISTER ALE% GALLEGOS COUNTY Of MIS IS TO CERTIFY MAT THE UNDERSIGNED IS ME OWNER OF THE PROPERTY DESCRIBED ON THE ATTACHED N O T A R Y C E R T I F I C A T E PLAT AND HAS CAUSED ME SAME To HE SURVEYED, SUBDIVIDED AND PLATTED AS SHOWN BY ME PLAT FOR ME USES AND PURPOSES AS INDICATED THEREON, AND DOES HEREBY ACKNOWLEDGE AND ADOPT ME SAME UNDER ME STYLE AND MILE THEREON INDICATED. STATE OF 1 SS ME UNDERSIGNED FURTHER CERTIFIES THAT ALL DI ME LAND INCLUDED IN THIS PLAT LIES WITHIN ME COUNTY OF 1 BOUNDARIES OF YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT 115, WITNESS MY HAND AND SEAL AT Iq NOTARY STER PUBLIC IN AND FOR THE STATE AND COUNTY AFORESAID, HEREBY WHOSE MAT GREG SUBSCRIBED O ALEX FOREGOING INSTRUMENT,RY KNOW TO ME i0 BE THE SAME PAND ACKNOWLEDGED WHOSE NAMES APE ECKIFOBEO r0 ENE FOREGOING T AND APPEARED THIS _____ DAY OP-------------------. 2008. BEFORE ME MI5 DAY AND PURPOSES ME EXET ORN OF HE ANNEXED PLAT TAR ACCOMPANYING INSTRUMENTS FOR ME USES AND PURPOSES MER EIN SET FORM AS HEIR FREE AND VOLUNTARY ACT ------BRU—CE HIN--i25-CME--------- OVER UNDER MY HAND AND NOTARIAL SEAL THIS __DAY OF 2008. N O T A R Y C E R T I F I C A T E noineY aueuc STATE OF ) ss counTY of SURVEYOR ' S CERTIFICATE Y 1. NOTARY PUBLIC IN AND FOR THE STATE AND COUNTY AFORESAID, HEREBY CERTIFY MAT BRUCE HINTZSCHE PERSONALLY KNOW TO ME i0 BE ME SAME STATE OF ILLINOIS) PERSON WHOSE NAME IS SUBSCRIBED TO ME FOREGOING INSTRUMENT, APPEARED BEFORE ME THIS DAY AND )AS ACKNOWLEDGED ME EXECUTION OF ME ANNEXED PLAT AND ACCOMPANYING INSTRUMENTS FOR ME USES AND COUNTY OF KANE) PURPOSES THEREIN SET FORM AS HIS FREE AND VOLUNTARY ACT. MIS IS TO CERTIFY THAT WE, ENGINEERING ENTERPRISES INC., AT ME REQUEST OF ME OWNER GIVEN UNDER MY HAND AND NOTARIAL SEAL MI5 ____ DAY OF____________________, 2GO& THEREOF, HAVE SURVEYED, AND PLATTED THE FOLLOWING DESCRIBED PROPERTY: THAT PART OF THE NORTHWEST QUARTER OF SECTION 4 AND THE NORTHEAST QUARTER OF SECTION 5. TOWNSHIP 36 NORTH, RANGE 7 EAST OF ME THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT ME SOUTHWEST CORNER OF LOT 1, BLOCK 2, FOX INDUSTRIAL PARK, UNIT 4. KENDALL COUNTY, ------------------ ILUNOIS: THENCE NORTH 01 DEGREES 44 MINUTES 07 SECONDS WEST ALONG THE WEST LINE OF SAID NOTARY PUBLIC LOT. 390.00 FEET TO ME NORTHWEST CORNER HEREOF; THENCE NORTH 81 DEGREES 52 MINUTES 08 SECONDS WEST ALONG ME SOUTH LINE OF WOLF STREET AND ME SOUTH LINE OF LOT 5, BLOCK 2, FOX INDUSTRIAL PARK. KENDALL COUNTY, ILLINOIS, UNIT 5, 240.22 FEET; THENCE SOUTH 01 DEGREES 44 MINUTES 07 SECONDS EAST, 27.59 FEET FOR ME POINT OF BEGINNING: THENCE SOUTH 01 DEGREES 44 MINUTES 07 SECONDS EAST, 155.04 FEET; THENCE SOUTH 88 DECREES 15 MINUTES 53 SECONDS WEST, 171,79 FEET; THENCE NORTH 01 DEGREES 44 MINUTES OI SECONDS WEST. 155.04 FEET: THENCE 0 W N E R S N I P D E R T I F I CAT E NORTH 88 DEGREES 15 MINUTES 53 SECONDS EAST, 171.79 FEET TO THE POINT OF BEGINNING, ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY. ILLINOIS, STATE OF ))S WE FURTHER CERTIFY THAT MIS SURVEY COMPLIES WITH SECTION 5 OF ME ILLINOIS CONDOMINIUM S LOVrviT OF ___________) PROPERTY ACT, 765 ILLS 605/5, AND ACCURATELY DEPICTS THE MATTERS SET FORM IN SUBSECTIONS (1) MROUGH (4) OF SAID ACT, THIS IS TO CERTIFY THAT ME UNDERSIGNED IS ME OWNER OF ME PROPERTY DESCRIBED ON ME ATTACHED PLAT AND HAS CAUSED THE SAME TO BE SURVEYED, SUIEDMDED AND PLATTED AS SHOWN BY ME PLAT FOR ME USES AND PURPOSES AS INDICATED THEREON. AND DOES HEREBY GIVEN UNDER MT HANG AND SEAL AT SUGAR GROVE, ILLINOIS, THIS 27tH DAY OF MAY 2008. ACKNOWLEDGE AND ADOPT ME SAME UNDER THE STYLE AND TIRE THEREON INDICATED. ME UNDERSIGNED FURTHER CERTIFIES NAT ALL OF ME LAND INCLUDED IN MIS PLAT LIES AMID THE BOUNDARIES OF YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT 115, ILLINOIS PROFESSIONAL LAND SURVEYOR. NO. 3581 LICENSE EXPIRES NOVEMBER 30, 2008 W:M O�8 IIIIII ESS MY HAND AND SEAL AT ENGINEERING ENTERPRISES, INC. 0: THIS ____—DAY OF —---------------- 20p0. PROFESSIONAL DESIGN FIRM #184-002003 s 0]bIXllY1 (EXPIRES 04/30/09) 3 ��+4 d ERNIE BRAIN �/N`Q -----N eVj RECO R DER ' S CERTIFICATE N O T A R Y C E R T I F I C A T E IIy1 P ORO a— STATE OF ILLINOIS) STATE OF 1 )55 )SS COUNTY OF KENDALL) COUNTY OF Y THIS INSTRUMENT No WAS FILED FOR RECORD I, NOTARY PUBLIC IN AND FOR THE STATE IN THE RECORDER'S OFFICE OF KENDALL COUNTY. ILLINOIS, ON THIS _ AND COUNTY AFORESAID, HEREBY CERTIFY MAT ERNIE BRAIN, PERSONALLY KNOW TO ME TO BE ME -- SAME PERSON WHOSE NAME Is SUBSCRIBED TO THE FOREGOING INSTRUMENT, APPEARED BEFORE ME DAY OF —_____, 2006, AT ______________ O'CLOCK ___M, MIS DAY AND ACKNOWLEDGED ME EXECUTION OF THE ANNEXED PLAT AND ACCOMPANYING "--' INSTRUMENTS FOR ME USES AND PURPOSES THEREIN SET FORM AS HIS FREE AND VOLUNTARY ACT. GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS ---DAY OF-------------------- 2008. H ENDALL COUNTY RECORDER ____________WTART aueuc___________ NOTES 1. ALL EXISTING UTILITIES ARE COVERED BY A BLANKET UTILITY EASEMENT PETERED i0 IN DOC. 200600001187 RECORDED AT ME KENDALL COUNTY RECORDERS OFFICE IN FF 15-11. 2, ACCESS TO 181 WOLF INDUSTRIAL CONDOMINIUM IS FROM AN INGRESS/EGRESS EASEMENT GRANTED CCww CCy��y� ON ME FINAL PLAT OF THE UNITED CITY OF YORKVILLE SUBDIVISION. rT Enbrr� km 3. FOR EXISTING DIMENSIONS OF UNITS A ll F SEE DOCUMENT 20060000187 RECORDED AT CARL ENGINEERS & LAND SURVEYORS THE KENDALL COUNTY RECORDERS OFFICE IN OF 15-11, 52 Wheeler Road Sugar Grove, Illinois 60554 PAGE 1 OF 1 Phone: (630) 466-9350 DWG: Y0080703 Reviewed By: Agenda Item Number 2� O J o ,-W, -o Legal ❑ ww Bu"i IllGS_S � EST. 1 � 1836 Finance Fl 1 Engineer ■ -mac- Tracking Number < City Administrator F1 0 (� �O Consultant ❑ PC 2008-11 Agenda Item Summary Memo Title: Courthouse Square PUD Amendment Request(Cannonball Trail/US34) Meeting and Date: EDC /July 3,2008 Synopsis: Request for PUD Agreement Amendment and PUD Zoning Council Action Previously Taken: Date of Action: August 10, 2000 Action Taken: Annexation and PUD Agreement Approval Item Number: Type of Vote Required: 2/3 Council Action Requested: Approval of Annexation Agreement Amendment and PUD Zoning Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report �e`ED cfl O Memorandum J ° To: EDC Esr. �< leas From: Travis Miller and Stephanie Boettcher CC: Lisa Pickering, Deputy Clerk (for distribution) ® e 9 Date: June 26, 2008 °���`2 Subject: PC2008-11 Cannonball Trails (Amendment to Annexation/PUD Agreement) <LE Background: The City approved the current Planned Unit Development and Annexation Agreement for this property August 10, 2000 (record number 200000012562 — attached) Summary of the Existing Plan Components: Exhibit "D" in the 2000 PUD/Annexation Agreement, includes 2 commercial buildings with approximately 16,000 sq. ft, of retail space along the southern portion of the property and 2 office buildings with a proposed 9,000 sq, ft of space along the northern portion of the property. Exhibit "D" also includes a "screening berm" along the northern property line approximately 60 feet wide. The PUD/Annexation Agreement provided for Office (0) zoning with additional specified business uses in B-1 Limited Business District and B-2 General Business District as permitted uses (see Exhibit `B" from the 2000 PUD/Annexation Agreement- attached). Request: The petitioner is requesting an amendment to the PUD with changes to the site plan (Exhibit "D") and text amendments in the agreement related to the description of the site plan. The proposed plan includes a 30,636 sq. ft of commercial space, an increase of approximately 6,000 sq. ft. from the original site plan. The proposed end users include a bank, gas station, day care center, and retail space housing a drive thru business. Plan Commission Action: The Plan Commission reviewed the request June 11, 2008 and made the following action: Motion to recommend approval of the Planned Unit Development Agreement Amendment as presented. 0 ayes; 6 no The Plan Commission reviewed the criteria listed in Zoning Ordinance 10-14-7 B.5 a-e regarding zoning amendments as well as the standards listed in Zoning Ordinance 10-14-6 regarding Special Use requests. Findings noted at the meeting regarding the PUD amendment request included: The proposed gasoline service station is a concern based on testimony received regarding the impact this use may have related to enjoyment of other property in the immediate vicinity, primarily the residential land uses to the north (Oak Knolls), east and south (Cimarron Ridge) neighborhoods. 1 Concerns regarding drainage, specifically surface runoff carrying pollutants that may result on the surface of the gasoline service station use, and the close proximity of the Blackberry Creek. Testimony raised concerns that the close proximity to the Creek limits the ability for treatment of surface drainage before entering the Creek. Staff Comments/Recommendations: • Special Uses: The proposed plan includes a financial institution, a gasoline service station, two drive thru businesses, and daycare facility, which are all considered special uses under the current Zoning Ordinance. Banks and daycare facilities are permitted uses in Exhibit `B" of the current Annexation Agreement. However, the gasoline service station and the drive thru facilities should be considered/reviewed as special uses as this amendment is considered. The criteria to be considered for a special use permit in the City of Yorkville are listed on page 4 of this report. • Signage Program: The 2000 PUD/Annexation Agreement states under Section 6: Signage, "The CITY agrees to allow for the following signage to be used in the development in conformance with City Ordinances: Two identification signs (one for the commercial area not to exceed 100 square feet and one for the office area not to exceed 100 square feet)." Given the property now proposed to function as one unit these requirements should be reevaluated. Staff recommends requiring the Annexation/PUD Agreement amendment include a provision requiring the Comprehensive Plan Design Guideline Principle 13 be adhered to and included as an exhibit to the agreement. • Parldn : The proposed plan is in compliance with parking stall quantities with the exception of the proposed daycare. The Zoning Ordinance defers to the judgment of the Zoning Administrator. In other daycare facilities, the off-street parking requirements for a daycare facility were established by staff, as 1 parking spot per employee plus 1 parking spot per 10 students. Currently, 38 spaces are proposed to serve the 9,500 sq. ft. daycare facility. The petitioner have informed staff that the Kindercare license is planned to be for 142 students and 18 staff— requiring 32 spaces. Staff requests a copy of the license be provided prior to building permit stage (as part of the site plan approval) in order to verify these counts at that time. • Underground Fuel Storage: Staff has received comments from concerned residents regarding potential groundwater contamination in the event leakage occurs from the underground fuel storage for the proposed gasoline filling station. Although not regulated by the City of Yorkville, the regulating agency for the construction or alteration of underground fuel storage tanks is the Office of the State Fire Marshall. The design standards for these facilities would need to be in accordance with the National Fire Protection Association codes (NFPA 30A: Code for Motor Fuel 2 Dispensing Facilities and Repair Garages — last updated in 2008) along with any additional provisions specified by the State Fire Marshall for the particular site. • Engineering: Bill Dunn, EEI has reviewed the submittal (refer to June 3, 2008 report attached). Staff has concerns regarding the close proximity of the Lot 1 northwest entrance/exit to the Cannonball Trail entrance/exit location. Plan Council requested this entrance/exit be amended to an entrance only. The petitioner has modified the plan based on Plan Council suggestions, however, the painted island proposed will do little to deter/prevent exiting traffic from fuming left toward Cannonball Trail. Staff recommends this northwest entrance/exit to proposed Lot 1 be amended to be an entrance only. 3 Special Use Standards (10-14-6 of Zoning Ordinance) F. Standards: No special use shall be recommended by the Plan Commission unless said Commission shall find that: 1 . The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 3 . The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minunize traffic congestion in the public streets. 6. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission. (Ord. 1973-56A, 3-28-74) 4 j• •env � - ��./jy • t na�"� 1 � �' � f � r 1 avow 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630 / 466.9350 FAX: 630 1466-9380 www.eeiweb.com Engineering E=nterprises, Inc, June 3, 2008 Mr. Joseph A. Wywrot, P. E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Cannonball Trails P.U.D. Site Plan Review #2 United City of Yorkville, Kendall County, Illinois Dear Mr. Wywrot: We have reviewed following materials submitted for the above-referenced project: • Cannonball Trails. Site Plan prepared by Koziol Engineering Services consisting of one sheet revised May 23, 2008. • Application & Petition to Amend Planned Unit Development (PUD) Agreement dated April 25, 2008. • Elevation & Concept Sheet prepared by Kozial Engineering Services consisting of one sheet dated April 25, 2008. We offer the following comments: GENERAL COMMENTS 1 . The revised plans have provided a continuous northbound right turn lane along the Cannonball Trail frontage and the extension of the southbound right turn lane back to the entrance to Kendall Marketplace. While the separations between the two new access points and between the Kendall Marketplace access and the north most new access point are slightly below standards (185 feet versus 200 feet) as set forth in the City's Subdivision Control Ordinance, these separations should allow traffic to function consulting Engineers Specializing in Civil Engineering and Land Surveying Mr. Joseph A. Wywrot, P.E. June 3, 2008 Page 2 of 3 normally on Cannonball Trail and allow for the ingress egress locations as shown . It should be noted, however, that these improvements will necessitate the relocation and reconstruction of a portion of the existing bituminous pathway (not shown) on the west side of Cannonball Trail. An existing traffic signal will also need to be relocated at the northeast corner of U . S. Route 34 and Cannonball Trail. A traffic signal modification plan will most likely need to be prepared and submitted to IDOT for review. An IDOT Highway Permit will be required for all construction within the IDOT right-of- way. 2. As mentioned in our previous letter, IDOT may require a right turn deceleration lane east of the US Rte. 34 right-in/right-out access point. This item will fall under ]DOT review and jurisdiction. IDOT will also have jurisdiction regarding any additional right-of-way or easements required of this development. Site plans, including the design of the south detention area, should be forwarded to IDOT for review. 3 . Utility easements are typically required on all lot sides. All on-site public utilities and stormwater management areas should also be located within easements(described or blanket). 4. The stormwater detention area shown on the site plan (concept) appears to be approximately half the size of what will ultimately be required. During Plan Council, the developer indicated that underground detention is anticipated. Resolution of storm water management and the development of a stormwater management plan should be a high priority during preliminary engineering phase of this development. 5. Existing topography and contours and all proposed utilities, grading and stormwater facilities should be developed in the preliminary engineering phase of this development. 6. Sidewalks have been added on Route 34 and Cannonball Trail as requested. Connections both west and south should also be shown on the plans. (Sidewalk stubs on the NE corner of Rte 34 and Cannonball have been constructed by Kendal] Marketplace.) 7. The proposed vacuum/air pumps, pay phone and monument sign at the southwest corner of the development should be located outside of proposed easement areas. These items can be evaluated at Preliminary Engineering. 8. All other previous comments have been addressed. G:\Publ1dYorW11eV008\Y00812 Cannonball TraNS\D0CUwywrotS1te Plan02,doc Mr. Joseph A. Wywrot, P. E. June 3, 2008 Page 3 of 3 SUMMARY The petitioner/developer has been quite responsive to the issues raised in the various review letters and the comments elicited at the Plan Council meeting. Subject to the comments presented above, we recommend the approval of the site plan on a conceptual basis. If you have any comments regarding the above or require any additional information, please feel free to contact our office Sincerely, ENGINEERING ENTERPRISES, INC. William E. Dunn, P. E. Senior Project Manager PC: Charles Wunder, Urban Planner Annette Williams, Administrative Assistant JWF/DRM, EEI G Tubfifforkvilie12008\YO0812 Cannonball Tralls\Docvwywrotsite PIan02.doc r.Ao °"o United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 s ie4 o Telephone : 630-553-4350 Fax: 630-553-7575 P PC 0 FIRST AMENDED APPLICATION & PETITION To AMEND ANNEXATION or PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT Development Name: Cannonball Trails Date of Submission: 4/25/ 2008 1 . Name of Petitioner(s): HRl4 Properties & Development LLC Address: 300 N . Lake St, Montgomery , IL 60538 Phone Number. 630-859- 1044 Fax Number. 630-859-0813 Email Address: moliverftasoncorpinc . com Relationship of Petitioner(s) to subject property: EtOwner p Developer a Contract Purchaser 2. Name of holder of legal 80e, if different from #1 : First National Sank of Ottawa Trust # 2466 If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: 3. a). Street address and physical location of subject property: NEC of Cannonball Tr . and US Route 34 b). Legal description of property; attach as Exhibit W. c). Total Acreage: 6 . 14 d). Kendall County Parcel Number(s) of property: 02-29- 100-005 02-29- 100-004 a). Current Zoning Classification: PUD , Office District, B-1 Business , E B-2 Business Dist . f). Zoning Classification Requested if changing zoning: City of Yorkville PUD Zoning Classification 4. Names and addresses of any adjoining or contiguous landowners entitled to notice of petition under any applicable City ordinance or Stale Statute: (Please attach a separate list as Exhibit "B".) Pngc l or United Coy ofYorlvilie AmemNnnexa lion[PUD Application Revised; MUM S. Date of Annexation or PUD Agreement sought to be amended: 8 / 10 / 2000 Name of Agreement: See Attached Date of Recording: 9 / 15/ 2000 Attach a true and correct copy of agreement as Exhibit "C. 6. State the items to be amended from the existing annexation or PUD agreement. S41=e-12J an Special Use zoning for frnnt- n13t- lot-& See attached Exhibit " B" 7. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: HarnIA rS11,Ytar hal ' vex0m onnnnrninr mm Ph - 530-859- 1044 Fax - 630-859- 0813 Attorney: Name: Daniel Kramer . Address: 1107 A South Bridge St , Yorkville Phone Number. 630-553 - 9500 Fax Number: 630-553 -5764 Email Address: dkramer @dankramerlaw . com Engineer: Name: Jim Koziol Address: 1709 Ogden Ave, Lisler 60532 Phone Number. 630-435-8686 Fax Number. 630 -435-8689 Email Address: Jekoziol @aol . com Land Planner. Name: Address: Phone Number. Fax Number. Email Address: 8. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to page 4 of this application "Petitioner Routs, Step 1, Fees and(or contact the Deputy Clerk for verification of this amount). c. Site Plan (if necessary): 40 sets folded to fit in a 10" x IT envelope d. One CD containing one electronic copy (pdf) of each of the signed application (complete with exhibits) and site plan. PqV 2 ON United City orYeAville AmandAnnamdan(PUD Applicalinn Revised: 1V2RIb6 In witness whereof the following petitioners) gave subffdbd this appRoOm under oath and verily mat to the Wtof that knowledge Its contents are true-arid Tarred and SWW that the property to be Annow to contiguous to the Untied City of Yorkville, -April •24, 2008 PaSoner(s) Sipature: (All lep propirly owmrs'of remid signatures roust appear an this applicafions) FS t National Bank of Ottawa , 21. ; as' Trustea; Laad` Trust #2466 , Mark D , Duaavan, Trust Officer Attest jnc +.r " - �V Mary' G Mcilpi.ne, Asat. Trust Dfficer Subta@ed and sworn to before me this 24th day of April 200 8�. off Notary Beat THIS APPUCA TION MiT BE NOTARrM& ' =Xs1wA1w4r of PajF 3 vr1 IlelirdGi(y ofd'oh•illenmendAnnwaiian,RUO�pplienanp RetGod IiRXMa Z0/Z0 3908 id3a i-snLL LOE06E65L0 9591 9002/bZ/00 AMENDMENTTO ANNEXATION OR PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT 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. 'Fees: 1 . a. Annexation/PUD Amendment - $500 b. Deposit for Outside Consultants - under 2 acres = $1,000 2 to 10 acres = $26500 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 (.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. Note: You must presets your plan at each of the meetings below as indicated. Step 2: City Council: 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 Erne for the Amendment to AnnexatiordPUD Agreement For a public hearing, the petitioner shall complete and submit to the Clerk's office an application with a legal description 45 days prior to the public hearing at the Plan Commission meeting. Notice will be given by publication by the United City of Yorkvtile In the Kendall County Record at least 15 days but no more then 30 days prior to the public hearing date. Before this amendment can move forward to Committee of the Whole, a "draft" Amendment to Annexation or PUD Agreement must be written. Step 3: Committee of the Whole: The 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 infomhai 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 and for review of the draft amended agreement Step 4: City Council for vote on the amended agreement Any amendment to an annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Agreement: 1 understand and accept aft 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 your recur ) to the Deputy Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, llfinots 60560. Signature of Petitioner Page 4 ur4 united city orYmlville AmendAuLxaftenlPUDAplilicutioo Revised: U/29106 Exhibit LEGAL DESCRIPTION That part of the Northwest Quarter of Section 29, Township 37 North, Range 7 East of the Third Principal Meridian descn'bed as follows; Beginning at the Northeast Comer of said Northwest Quarter, then South 88°41'11 " West, along the South Line of Oak Knolls Subdivision, 285.05 feet to the East Line of Cannonball Trail; then South 2104V35" East along said East Line, 231.90 feet to an angle point therein; thence South 68" 10'25" East along said East line, 5.0 feet to an angle point therein; thence South 18°56'06" West along said East line 118.52 feet to an angle point; then South 21 °49'35" West along said East line 185.73 feet to an angle point; then South 45 " 10'25" East along said East line 73.20 feet to the Northerly line of US Route No. 34; then Easterly along said Northerly line, 462.40 feet to the East line of said Northwest Quarter; thence North 00'4935" on said East line, 697.74 feet to the point ofbeginning in Bristol Township, Kendall County, Illinois and containing 6.148 acres. 12 EXHIBIT `B" NOWCOMES Petitioners, FIRST NATIONAL BANK OF OTTAWA as Trustee under Trust #2466 as OWNER and FIRM PROPERTIES and DEVELOPMENT, LLC hereinafter referenced as DEVELOPER who as Co-petitioners herein move approval from the United City of Yorkville City Council for approval of its First Amendment to Planned Unit Development and Annexation Agreement dated August 10, 2000 as follows: I . That the zoning set out in paragraphs 3 of the recital page 2 of said original Annexation and PUD Agreement and paragraph 2a of page 3 of the ordering portion of said Annexation Agreement are hereby modified to provide that the zoning classification of the entire property shall be United City of Yorkville Planned Unit Development Zoning, 2. That the uses provided in and permitted by said Annexation Agreement on page 2 in paragraph 3 of the recitals page of said Annexation and PUD Agreement shall be modified to specifically permit gas station with car wash and convenience center; drive thru restaurants in conjunction with restaurants as listed in Exhibit `B" of permitted uses; and carryout /drive-in associated with carryout as permitted in the Pernutted Use List attached to the original Annexation/PUD Agreement. 3. That paragraph 2d of said Annexation Agreement be modified to pemrit the operation of a convenience store associated with the gas station use limited to the lot located closest to the intersection of Route 34 and Cannonball Trail Road, to 24 hour operation. 4. That paragraph 3b of said Annexation Agreement be modified to delete any reference as to lack of capacity of the Yorkville Bristol Sanitary District to provide sanitary sewer service to the subject property and that Petitioners affirmatively state that all development will be connected to City of Yorkville or Yorkville Bristol Sanitary District sanitary sewer mains from the time of development forward. 5. We want to modify paragraph 8 of said Planned Unit Development and Annexation Agreement to provide that building locations, architectural guidelines, parking lot locations, and the like shall be in conformance with the ultimate site development plan / final PUD Plan to be approved by the United City of Yorkville, City Council, with the Amended Annexation/PUD Agreement. 6. That paragraph 8b of said Agreement shall be modified to permit a day care center with the setback shown on the final PUD Plan and Site Development Plan, as well as all final engineering and final plats to be approved with the Amended Planned Unit Development Agreement, with no 400 foot distance having to be maintained between the daycare center and the north boundary of the subject property. 7. That paragraph 8d of the original Planned Unit Development and Annexation Agreement shall be modified to permit parking to be calculated for the daycare center on the basis of prior experience with similarly situated daycare centers built by Petitioners in the Kendall County and Southern Kane County Area. Except to the extent permitted for the daycare center in reference to parking the remainder of the United City of Yorkville Zoning Ordinance as to parking standards shall be complied with as to all other structures constructed on the real property described in Exhibit 'W'. 8. Paragraph 8f of said Annexation and Planned Unit Development Agreement shall be modified to permit landscaping as approved together with Final Plat and Final PUD Plan as approved by the United City of Yorkville, City Council, based upon the amended filing and uses of Petitioner. ATT Y OR P ITIONERS: Attorney Daniel J. Kramer CANNONBALL TRAILS Q _ a w s G A E �z� G SITE PLAN 11 A,MMi CON " OF , WFAST OF T HE TURN PRINCIPAL MERIDIAN TM USA M OAK GAMES A� MaE ]Wix RA DEGREES „ NTM UTES EC0� SE5 AT G5�EFu . PT � m ` «ALONG SAN zass STORAGE WEST, AN ANNE 68 , o MINUTES SUPERVISION � OI E u� M DEEEGEES SOCONDS MST *i UME�T] EwEi ALONG SAW Yw25 w0 EAS�wSSS..)e FEET TO USE PONT OF FROMMING w easTME mlNI XENNALL CWUtt. UJI Ns w[sl Xiww _ \ \ [p • o SMOKUSUP 0 Iuvwv t n� _ SF Of ANSWER PROPOSED B— 'Z ZONING IN A A KINDERCARE � 5.500 SO Fi REQUIRED PROPOSED �� Nry L LOT 4 LOT AREA (min) 10000Sf 44,518sf (LOT 1) ADUSI FRONT YARD (min) N/A N/A SIDE YARD t0 side lot line 20' 20' (LOT 1) a m SIDE YARD Adjacent to street 30' 35.85' (LOT 1) REAR YARD 30' 33.87' (LOT 2) PER TRANSITIONAL YARD to residential 30' 30' (LOT 4) �6 LOT COVERAGE RATIO (max) 80% 79.0% (LOT 1) ANOU if 11 F / f m LOT 3 15000 LOT AREAS LCR* BUILDING AREAS: REQUIRED PARKING PROPOSED PARKING �W LOT 1 0.978 ac 21.8% 3,220 BE GAS STATION 11 SPACES (13: 1000) 14 SPACES (4.46: 1000) LOT 2 11177 ac 9.7% 3,000 sf BANK 10 SPACES (3.3: 1000) 23 SPACES (7.66: 1000) GOOD _F-IN1EaHnF N_A_T_T - LOT 3 2.554 ac 13.5% 15,000 s! RETAIL 50 SPACES (3.3: 1000) 85 SPACES (5.66: 1000) of mi _ ., i 8 ^ °KE • FLOOD SO n. 5606 0 °9 LOT 4 1.291 as 16.9% 9,500 sf KINDERCARE 38 SPACES (TIED) 38 SPACES (4: 1000) mm c aEiuL 6axaxG c F�I Em TOTAL 5.00 oc 29,636 SF TOTAL - 109 SPACES TOTAL - 160 SPACES 150.00 °N 'LCR INCLUDES ALL PERMANENT HARD (IMPERVIOUS) SURFACES Can 7WIT 6 WRY - - - - LEGEND / _ - - - « ANXIED UUTENG Ace UOUENT PROPOSED GRADE I STORM SEWER SMITMV SEWER / H AN DNA RAWK, MAT S: ® WATER MAIN / YF ® FRANDLEAD, ft,mes ne 26 LESTER SPOT GRADE t 699.0 e _ o SUIRSS \ \ / $^yjl P GRADE VLT/CUN sAUC nw nxc[ ].00O s[ 2. P PRBANSED —0 OS OOmIVwT q�vQ ® NUTT SEWER MOXMOLE I 3 _ _ 81 _ LOT 2 AT N.xRARY SEWER MW„aM Fl SAFE WAY seem LOT 1 a FIRE 9RM 4 PONT vnlo�ttrn rg CONIFEROUS TREE M^i1 / QQ DECOUSULD TREE USE uS RW2 N . ® SERE CE TUB ]C SERNCE a GP PIT SENSE EXPANDED FEET FEET FEET CORRUGTEO METAL PIPE / _ -p UIM1M POLE ® A-BO% X IJGHI ON GROUND OR WALL _ _ _ _ _ _ _ _ _ US.—ROUTE MOD ROUTE_ - •y4 NEU PWO miN FRANK RAI US>aW AW INvL9Um CONE T SIGN IT WHEELCHAIR Acc[ssIAIL Y TRAFFIC FLOW SIROOTON t TRnmC now ssaow5 UPON LISLE BURST h PREPARED RY REVISIONS PREPARED FOR: N0. DATE DESCRIPTION NO. DATE DESCRIPTION CANNONBALL TRAILS KOZIOL ENGINEERING SERVICES 0 04 22 08 SITE PLAN FIRM PROPERTIES AND DEVELOPMENT Prwnsioom ngm Eeere 1 05 23 08 SITE PLAN revised per Yorkville review) 300 NORTH LAKE STREET 1709 OGDEN AGE, 1 05 28 08 REVISED GAS STATION CONCEPT SITE PLAN MONTGOMERY, ILLINOIS 60638 LISLE. IL. 60532 (630) 859-1044 a3o/us—aaea CIVIL/ CONSULTING ENGINEERS DSGN. BY: JEK FILE NAME: 05171SITE 05-28-08 SHEET NO. DRN, BY: AOP SCALE: Y=50' 1 of 1 TFM 1XXEH111-FF 0 w � w Mobil ;/ �♦, Mobil a p \ m 0 O 0 wo GAS STATION FRONT ELEVATION p w SCALE 1/4"=1'-0" < i U � p N Q m 2 m W m Z Lb 00 �''o mm Zan ;, n m ¢ o ' _ dal wo o a T T T [ N W o n T Y f c m 6 i a m ♦ / W � / U > W m my m Zma CP BANK FRONT ELEVATION Ww w � oo SCALE 1/4"=1'-0" W W o ' e o Z '� myt 2E � a Waf J O O 1 1 T T a T T p FZae�O e / ♦ / ♦ / ♦ / ♦ / ♦ w0 > Au�� / ♦ / ♦ / , / \ / \ H I / / \ / ♦ / \ / \ 6 > 6f m / ♦ i ♦\ I ( ♦♦ i ♦♦ i ♦ g0202!0 0 m T / T T / U �I \ ♦ i/ T �J � i/ U ♦ �/ I I amp O W a JJJ o O n RETAIL STORE ; 0 _ FRONT ELEVATION g � SCALE 1/4"=1'-0" W A-1 I'.EH IL.L COUi11Y .. ILLaidn I ; PAUL MIX-R,301d August 16, 2000 aPnuli lu e ? uU STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO, 2000 -2 AN ORDINANCE AUTHORIZING tHE EXECUTION OF AN ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT OF OLD KENT BANK, SUCCESSOR TRUSTEE TO MERCHANTS NATIONAL BANK OF AURORA, TRUSTEE UNDER TRUST #5085 WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Annexation and Planned Unit Development Agreement pertaining to the annexation and development ofthereal estate described on Exhibit "A" attached hereto and made a pant hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation and Planned Unit Development Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owner of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 5/11-15 . 1 - 1 , as amended, for the execution of said Annexation and Planned Unit Development Agreement has been filly complied with; and - 1 - WHEREAS, the property is contiguous to the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS : Section 1 : That the Mayor and City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation and Planned Unit Development Agreement concerning the annexation and development of the real estate described therein, a copy of which Annexation and Planned Unit Development Agreement is attached hereto and made a part hereof. Section 2: That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. DAVE DOCKSTADER —f— RICHARD STICKA MIKE ANDERSON VALERIE SURD S E A/ / ROSE SPEARS LARRY KOT THOMAS SOWINSKI APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 7 /02E day of A), A.D. 20 :D MAYOR - 2 - PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this day of -c.c,1 A.D. 20 &-) i l Attest: CITY CLERIC Prepared by and return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553 .9500 - 3 - i Exhibit 'W' LEGAL DESCRIPTION i That part of the Northwest Quarter of Section 29, Township 37 North, Range 7 East of the Third Principal Meridian described as follows; Beginning at the Northeast Comer of said Northwest Quarter, then South 88 '4 I'l 1 " West, along the South Line of Oak Knolls Subdivision, 285.05 feet to the East Line of Cannonball Trail; then South 21 '49'35" East along said East Line, 231 .90 feet to an angle point therein; thence South 68' 10'25" East along said East line, 5.0 feet to an angle point therein; thence South 18 056'06" West along said East line 118.52 feet to an angle point; then South 21 '49'35" West along said East line 185.73 feet to an angle point; then South 45 ° 10'25" East along said East line 73.20 feet to the Northerly line of US Route No. 34; then Easterly along said Northerly line, 462.40 feet to the East line of said Northwest Quarter; thence North 00°49'35" on said East line, 697.74 feet to the point of beginning in Bristol Township, Kendall County, Illinois and containing 6. 148 acres. Filed for Record in KENDALL COUNTY, ILLINOIS PAUL ANDERSON Revised August 23, 2000 On 09- 15-2000 At 02e51 PM, ANNEX AGREE 33. 00 j i STATE OF ILLINOIS } )SS COUNTY OF KENDALL ) PLANNED UNIT DEVELOPMENT AND ANNEXATION AGREEMENT OLD KENT BANK SUCCESSOR TRUSTEE TO MERCHANTS NATIONAL BANK OF AURORA. TRUSTEE (TRUST 45085 and ARTHUR SHERIDAN (OWNER) and COURTHOUSE SQUARE L L C (DEVELOPER) This Planned Unit Development and Annexation Agreement (hereinafter "Agreement"), is made and entered into this 101day of Atx s+ 12000, by and between the UNITED CITY OF YORKVILLE, a municipal corporation, hereinafter referred to as "CITY", OLD KENT BANK, SUCCESSOR TRUSTEE TO MERCHANTS NATIONAL BANK OF AURORA, TRUSTEE UNDER TRUST #5085, ARTHUR SHERIDAN, beneficiary thereof and COURTHOUSE SQUARE, L.L.C. (in formation) as "DEVELOPER", WITNESSETH WHEREAS, OWNERowns fee simple interest to the real propertywhichis legally described in Exhibit "A" attached hereto and depicted on the Plat of Annexation attached hereto and incorporated herein as Exhibit"A-1"2 consisting of approximately 6.4 acres, more orless (hereinafter "PROPERTY'); and WHEREAS, it is the desire of OWNER and DEVELOPER to provide for the annexation of the subject real PROPERTY; and to develop the PROPERTY in the CITY in accordance with the terms ofthis Agreement and the Ordinances ofthe CITY; and to provide that when said PROPERTY is annexed zoning will be granted at that time; and WHEREAS, it is the desire of the CITY to annex the PROPERTY and facilitate its development pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS, OWNER and DEVELOPER and CITY has or will perform and execute all acts required by law to effectuate such annexation; and 1 WHEREAS, all notices required by law relating to the annexation of the PROPERTY to the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS, the OWNER and DEVELOPER and CITY agree that upon Annexation to the CITY the subject PROPERTY shallbe zoned as O (Office District) Planned Unit Development, with the subject real property to be entitled to all uses under the 0 (Office District) and only the specific business uses currently permitted under the CITY B-1 (Limited business District) and B-2 (General Business District) as set out in the attached Exhibit `B" which is incorporated herein by reference; and WHEREAS, OWNER and DEVELOPER have agreed that in consideration of the CITY agreeing to annex and zone the subject real property ofOWNER as Planned Unit Development with the additional business uses permitted as set out in Exhibit `B", OWNER and DEVELOPER agree that all of the remaining B-1 (Limited Business District) and B-2 (General Business District) uses set out in the CITY Zoning Ordinance for B-1 and B-2 but which are not listed in the attached Exhibit `B" shall notbe permitteduses under thisAgreement; and a11B-3 (Service Business District) and B-4 (Business District) uses as contained in the CITY Zoning Ordinance are specifically prohibited from use on the subject real property. In the event the O (Office District), B-1 (Limited Business District), or B-2 (General Business District) are amended from time to time permitting additional uses, OWNER andDEVELOPERmaypetition for said additional uses without additional fee by Petition to Modify this Planned Unit Development Agreement upon approval by the City Council as to any change in the CITY Office Zoning Classification; but will require aPublic Hearing to be held and City Council approval if there is a modification sought requesting additional B-1 or B-2 uses by OWNER and DEVELOPER; and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNER and DEVELOPER andthe CITY have agreed to execute all petitions and other documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 15.1 -5, inclusive, relating to Annexation Agreements, the parties hereto wish to enter into abinding agreement with respect to the future annexation and zoning ofthe subject PROPERTY and to provide for various other matters related directly or indirectly to the annexation of the PROPERTY in the future, as authorized by, the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have had such public hearing and have taken all further action required by the provisions of 65 ILCS 5/11-15-1 .3 and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Agreement by the CITY. 2 i NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the parties agree as follows: 1 . ANNEXATION. OWNER and DEVELOPER have filed with the Clerk of the CITY a duly executed verified petition to annex pursuant to, and in accordance with the provisions of 65 ILCS 5/7-1-1 et seq. to annex the PROPERTY to the UNITED CITY OF YORKVILLE. 2. ZONING. A. Contemporaneously with the Annexation of the subject PROPERTY, the CITY shall adopt an ordinance amending the provisions of the United City of Yorkville Zoning Ordinance so as to provide that the PROPERTY shall be classified and shall zone the parcel Office PUD permitting the limited business uses as set forth in Exhibit `B". B. Contemporaneously with the Annexation ofthePROPERTY, the CITY shall, if necessary, amend its Comprehensive Plan to provide for the uses on the PROPERTY that are reflected in this Agreement. C. The CITY and OWNER and DEVELOPER agree that the PROPERTY shall be developed in substantial compliance with the ordinances of the CITY in effect at the time of passage of this agreement by the City Council of the UNITED CITY OF YORKVILLE. D. Hours of operation of any convenience store at this location shall be limited to 6:00 a.m. to midnight. E. That all recitals contained in this Agreement are hereby incorporated as enforceable covenants and conditions of this Agreement. 3. ANNEXATION TO YORKVILLE BRISTOL SANITARY DISTRICT A. OWNER and DEVELOPER agree to file the necessary petitions and agreements to request annexation and sanitary sewer service for the PROPERTY from the Yorkville-Bristol Sanitary District and the CITY shall provide a letter to Yorkville-Bristol Sanitary District indicating the CITY's desire to annex and have Yorkville-Bristol Sanitary District service the property. The subject real property has been identified by the CITY as being located within the Facility Plan Area of the Yorkville-Bristol Sanitary 3 i District. Attached hereto as Exhibit "C" is an extended Annexation Application to the Yorkville-Bristol Sanitary District. B. In the event at the time OWNER/DEVELOPER is ready to develop the subject real property, Yorkville-Bristol Sanitary District lacks capacity to service the development. OWNER/DEVELOPER shall be permitted to serve the subject development by septic system on a temporary basis at OWNER's expense until sanitary sewer is available. OWNER/DEVELOPER agrees to connect to the sanitary sewer service within one hundred eighty (180) days of capacity being available. In the event OWNER/DEVELOPER does temporarily hook-up to a septic system, OWNER/DEVELOPER shall be required to deposit with the CITY either a Letter of Credit or Bond in an amount approved by the City Engineer to secure hook-up for sanitary sewer purposes. 4. MUNICIPAL IMPROVEMENTS. A. The CITY acknowledges that it currently has the ability to provide ample quantities of water for the use of this development and that the UNITED CITY OR YORKVILLE will support the development's tap into the Yorkville-Bristol Sanitary District system. B. OWNER and DEVELOPER upon development of the subject real property shall provide two watermain extensions of 8" watermains to the East side of the subject site. C. The OWNER and DEVELOPER will be given a recapture agreement for any use or extension of any developer improvements of roadways, storm water, water or sewer facilities to or through this property for other than their own development which are required by the CITY or other governmental body, which benefit off-site owners or developers. 5. RECAPTURE. In the event the OWNER and DEVELOPER seek recapture reimbursement; or the CITY requests OWNER or DEVELOPER to construct public improvements benefitting other parcels, the parties agree a Recapture Agreement shall be executed pursuant to and in compliance with the Illinois Compiled Statutes, Local Government Act governing the Recapture with the requisite Public Hearing being held and Requisite Recapture Ordinance being approved by the City Council contingent on the percentage ofthe benefit to the OWNER otherthan the DEVELOPER and including the service area effected. 4 6. SIGNAGE: I The CITY agrees to allow the following signage to be used in the development in conformance with City Ordinances: A. Two identification signs (one for the commercial area not to exceed 100 square feet and one for the office area not to exceed 100 square feet). B. Individual building signs shall be permitted for each business located within the development the size of which will conform to CITY ordinances. C. Directional signs directing traffic within the development in conformance with CITY ordinances or if the sign ordinance is silent then at the discretion of the DEVELOPER. D. All signs must conform to the requirements of the CITY sign Ordinance in relation to locations on the subject site, dimensions permitted and the like notwithstanding anything contained herein. 7. OVERSIZING. In the event OWNER and DEVELOPER is required on or off-site to oversize any water, storm sewer or City sanitary sewer lines or to develop any roadways for future extension to accommodate other properties, CITY agrees to require anyone connecting to said lines to pay the CITY who then shall reimburse OWNER and DEVELOPER within 30 days of connection by the OWNER and DEVELOPER of any other parcel of real property connecting to said improvements, for OWNER and DEVELOPER's costs in over-sizing said lines including costs for deepening said lines and any engineering fees and all other costs associated therewith. The agreement for recapture is a part of this agreement and shall become effective with this agreement. The terms and costs for the recapture shall be calculated at the time of additional connection by other owners/developers on a basis of all cost of the improvement including the cost of interest paid and lost interest income since the time of annexation prorated by the number of square feet to be connected to the system(s). 8. PLANNED UNIT DEVELOPMENT ZONING AND CONDITIONS The parties agree upon approval of this Agreement, the subject real property shall be zoned by Ordinance as Office PUD with limited business uses as set forth in Exhibit `B". The subject property shall be developed and improved as Planned Unit Development under the following criteria: A. Specific building locations as generally defined by the site plan, as per Exhibit "D". 5 B. It is the intent of the OWNER and DEVELOPER to provide additional shrubbery, landscaping or screening to the most northerly and easterly area of the parcel. Setbacks shall be according to the Site Plan, Exhibit "D", attached; and in conformance with the CITY Amended Landscape Ordinance #2000- 49 . The site plan attached is hereby modified to provide that a minimum distance of approximately 400 feet shall be maintained between the northerly property fine of the subject site and the commercial center for business use shown on the subject site. C. The OWNER and DEVELOPER shall be permitted to operate any permitted use under the UNITED CITY OF YORKVILLE Ordinance in all `B-1" and "B-2" Business Classification District and "O" Office District, which are set out in the attached "Exhibit "B" that is used in relation to retail sales or service on the subject site. D. Parking shall be in conformance with city ordinance related to each classification of use. Minimum setback from the property line to parking areas as shown on the subject site plan shall be 45 feet from Route 34. The existing residence on Cannonball Trail which will be converted to office use shall not be subject to said setback. E. Detention shall be ' provided on-site in conformance with the CITY Ordinance. F. OWNER and DEVELOPER shall provide an Exhibit to this Agreement of all building facades to be used in the development of the real property as substantially presented to the CITY as set out in the attached Exhibit "F"; and in Landscape Plan which is attached hereto and incorporated herein as Exhibit "E". 9. TIME IS OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence in this Agreement, and that all parties will make every reasonable effort to expedite the subject matter hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 10. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including, but not limited to, successor owners ofrecord, successor developers, lessees and successor lessees, and upon an successor municipal authority of _ 6 the CITY and successor municipalities for a period of twenty (20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. 11 . NOTICES AND REMEDIES. j Nothing contained herein shall require the originalnamed OWNER in this Agreement to undertake any of the development obligations in this Agreement; those obligations being the responsibility ofthe DEVELOPER of the subject parcel and/or future OWNER of the subjectparcel of real property. I Upon breach of this Agreement, any of the parties in any court of competent jurisdiction, by any action or proceeding at law or in equity, may exercise any remedy available at law or equity. Before any failure of any party of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify in writing, by certified maillretum receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. _ Notice shall be provided at the following addresses: CITY: UNITED CITY OF YORKVILLE 800 Game Farm Rd. Yorkville, IL 60560 Attn: Mayor Copy to: CITY Attorney: Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 OWNER and DEVELOPER: Arthur Sheridan and Associates, Ltd., 100 Tower Dr. Burr Ridge, IL 60521 12. AGREEMENT TO PREVAIL OVER ORDINANCES. In the event of any conflict between this Agreement and any ordinances of the CITY in force at the time of execution of this agreement or enacted during the pendency ofthis agreement, the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency. 7 13. PARTIAL INVALIDITY OF AGREEMENT. j i If any provision of this Agreement (except those provisions relating to the requested rezoning of the PROPERTY identified herein and the ordinances adopted in connection herewith), . or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect the application or validity of any, other terms, conditions and provisions of this Agreement and, to that end, any terms, conditions and provisions of this Agreement are declared to be severable. If, for any reason during the term of this Agreement, any approval or permission granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances effectuating the zoning, variations and plat approvals proposed herein. 14. USE OF PROPERTY FOR FARMING/ZONING. Any portion of the PROPERTY, which is not conveyed or under development as provided herein, may be used for farming purposes, regardless of the underlying zoning. Further, the parties agree that until, or unless it is converted to a permitted office or business use pursuant to this Agreement, the house currently located on the subject premises may continue to be occupied as a legal non-conforming use of the residence. However, once converted to "O" Office District or `B" Business District use, it shall no longer be occupied as a residence. 15. TRANSPORTATION. The CITY shall put forth its best effort as a joint applicant with the DEVELOPER regarding issues effecting surrounding roadway; whether they be Federal, State, County, Township, or City to gain approval for access (ingress and egress), widening, improvements, signalization, etc. as may be required. 8 IN WITNESS W HEREOF, the parties have executed this Annexation Agreem ent the day and year first above written. CITY: THE UNITED CITY OF YORKVILLE By a'� i � �✓ a L ✓L i MAYOR ' n Attest: � � � rN� rA K � r✓�,rtiri., CITY CLERK 9 OWNER: OLD KENT BANK, SUCCESSOR TRUSTEE TO MERCHANTS NATIONAL BANK OF AURORA, TRUSTEE UNDER TRUST #5085 This instrument is executed by OLD KENT 13ANK, successor to MERCHANTS NATIONAL RANK OF AURORA, noy personally but solely as Trustoe as atoiesald . All tha w4ranties, covenants and $y: /rJc F1 s r condl,lois to be p I (nlme(i nereundcr by OLD Kt NT RRNIC, / jrj3 YrtYF� � rc�ti . or to MFR IIPNlb NMIONA RANK OI AURORA are IQI h _'rl by It 0161( a5 aid and not . 1 ; f� ., ,'� I- t . No peiso ad liability all b� aS�terted OI' he Attest " 7 m hie a rinst 01-1) KFh� I DANK successor to f YYCE n3.Fa r,„sWaj x ” ' ' �'- � 9� 14aI i S td O KINL RANK OF AURORA by reason of any >i the covenants, statements, representations or warranties contzined in This inshument, which are made and intended for the purpose of binding only that portion of the trust property DEVELOPER: specifically described herein. COURTHOUSE SQUARE, L.L.C. y � By: L- 1 - Arthur Sheridan - Beneficiary/Manager PREPARED BY AND RETURN TO: Law Offices of Daniel J. Kramer I I 07 S. Bridge Street Yorlcville, Illinois 60560 630.553 .9500 10 EXHIBIT LIST Exhibit "A" - Legal description Exhibit "A-1" - Accurate Map of Territory to be Annexed to the United City of Yorkville, Kendall County, Illinois Exhibit `B" Zoning Ordinance for O (Office District), B-1 (Limited Business District), B-2 (General Business District), list of permitted uses Exhibit "C" Yorkville-Bristol Sanitary District Petition Exhibit "D" - Site plan Exhibit `B" Landscape Plan Exhibit 'F" Building facades li Exhibit LEGAL DESCRIPTION i That part of the Northwest Quarter of Section 29, Township 37 North, Range 7 East of the Third principal Meridian described as follows; Beginning at the Northeast Corner of said Northwest Quarter, then South 88°41'11 " West, along the South Line of Oak Knolls Subdivision, 285.05 feet to the East Line of Cannonball Trail; then South 21 °49'35" East along said East Line, 231 .90 feet to an angle point therein; thence South 68 ' 10'25" East along said East line, 5 .0 feet to an angle point therein; thence South 18 '56'06" West along said East line 118.52 feet to an angle point; then South 21 '49'35" West along said East line 185.73 feet to an angle point; then South 45 ° 10'25 " East along said East line 73.20 feet to the Northerly line of US Route No. 34; then j Easterly along said Northerly line, 462.40 feet to the East line of said Northwest Quarter; thence North 00°49'35" on said East line, 697.74 feet to the point of beginning in Bristol Township, Kendall County, Illinois and containing 6. 148 acres. 12 i Exhibit "B" j PERMITTED USES I B-1 Limited Business District, the following would be permitted uses: antique sales household fiarnishing shop bakery - retail ice cream shop barber shop jewelry - retail beauty shop laundry, cleaning and dyeing - retail book store library cafeteria (diner) magazine and newsstand camera shop meat market church or other place of worship medical clinic cigar, cigarette and tobacco store mortuary - funeral home clothes - pressing and repair park community center photography studio computer and software sales playground dressmaker - seamstress post office drugstore professional building florist sales recreation center fiuit and vegetable market - retail restaurant gift shop shoe and hat repair grocery store - supermarket gymnasium all special uses permitted in O District (office) health food store except solid waste site hobby shop 13 B-2 General Business District, the following would be permitted uses: A appliances - sales leather goods ' Army/Navy surplus sales locksmith art gallery - art studio sales music, instrument and record store art supply store newspaper publishing, excluding printing automatic food service nursery - day care center automobile accessory store office equipment and supply sales bicycle shop paint/wallpaper store billiard parlor personal loan agency blueprint and photostat shop pet store carry-out food service picture frame store catalog sales office radio and television studios clothing store - all types reducing salon - tanning salon convenience store sporting goods discount store stationery drygoods store - retail taxidermist floor covering sales toy store furniture sales - new/used typewriter.- sales and repair hardware store variety store health club or gymnasium watch and clock sales and repair interior decorating studio weaving and mending - custom junior department store O - Office District, the following would be permitted uses: advertising agency income tax service bank insurance office barber shop library beauty shop manufacturing agent's office bookkeeping service medical clinic club - private indoor park coffee shop professional offices college, university or junior college public accountant real estate office commercial school, trade school - offering savings and loan association classroom study stenographic service stock broker credit union telegraph office detective agency ticket office employment office travel agency engineering office utility office government office 14 PETITION FOR ANNEXATION TO THE YORKVILLE-BRISTOL SANITARY DISTRICT TO: CLERK OF THE YORKVILLE-BRISTOL SANITARY DISTRICT YORKVILLE, ILLINOIS Old Kent Bank , sucessor Trustee to Merchants THE UNDERSIGNED, Nat . Bank Aurora , Tr . 5085 , being the sole owner of the following described real estate, to wit: (SEE ATTACHED LEGAL DESCRIPTION, EXHIBIT "A") which said real estate is contiguous with the existing boundaries of Yorkville- Bristol Sanitary District, and is not within the corporate limits of any other sanitary district, herewith petitions the Board of Trustees of the Yorkville-Bristol Sanitary District to annex said- real estate into the sanitary district. The undersigned represents unto the Board of Trustees of the Yorkville-Bristol Sanitary District as follows: I . That said real estate is contiguous with the existing boundaries of the Yorkville- Bristol Sanitary District, and is not within the corporate limits of any other sanitary district. 2. That Old Kent Sucessor Truste under tr , i� ole property owner 02-29- 100-005 & in the area sought to be annexed. Permanent Parcel #02-20 100 f10 u 3. (STRIKE INAPPLICABLE PARAGRAPH) (a) That there are no electors residing upon any portion of the above described Premises; ex,RsAtRiarz R x 4. That attached hereto and forming a part of the petition are the following: (a) Legal description of the real estate, Exhibit "A'; (b) Accurate map of the real estate, Exhibit "B". WHEREFORE, tltc undersigned requests that the above Petition be submitted to the Board of Trustees of the Yorkville-Bristol Sanitary District for consideration thereon, as required by 70 ILCS 2405/23.4, Illinois Revised Statutes. EXHIBITC EXHIBIT COURTHOUSE SQUARE NORTH-WT CORNFA US 34 & CANNONEML of i/ N(SGREEN) BERM eWdr/�r / 6 FFICE \� 9 0 FT. OFFICE 1 4cs \ ` 1 SP i 1 41 SPACES Z \\ 0 AWA 2g i S SPACYE - Y i!y ;ilv vim \ i r ! SIGN vi i RETAIL (T. _ frl to r Y/ /I I; FA(RE COMM CIA _ / / Z ty '/..:.w.un 90 S?AOESi/ two SIG F � 'i � ._. •�\ I / i � � EST i \ . nw , J%wRw.qmfi# Ott �ocAnax uu xvr m snot DEVELOPMENT PLAN ryI11p` LmMrt arOUP NmaasenenrowaAee0MAM �m u9I18 Lm/...p A.wx.e...w. . cw..+,�nr 0m.✓w o..u.n..,.,„ F �� @ 30 somn micmasn Avenue uw sn.uoe ,ono mww m 8 . $ @ .am a.o.n.o rtrooe.uxou .ou, o .. m� Swro >00 pMM.et; xan usm $ 8' seaew .�. ax/x IRdQ� Me 800. limwo Boe0.9 m.w Requlrad Prv9ded / • / . / PUmdnga PIOMAOa r �. LIMIYI'P . nor ' 6ha4e Tme 114 103 / • T. : , Ornanon(.al Trre 24 18 ' Ri •. \ Stub 644 613 amilto OShade Tree y I '< It (� Ev aman Tme / 1 r 0 am omiW Tree / v;., I °v Poll r l EHetI Troc / y'. ./+. +1� �)PJ ( �) ExlaYlne Evergreen Tree ��x { ,• Oil @ — r r _ Us. ROL" W. a9 Sj l Jill MbSCA I n are — utJOSCnae r+1.aN COUT�].OLISC S'zU21'8 �r�a©Tm,.�ma,��ar YoA:d.11A Win ln werun rv,�su•w: �.iwawd .wwdw.v EXHIBIT EXHIBIT F - BRICK FACADE Is 0 0 _ I'�4n7 T ` i ❑ � ❑ ❑ -❑' 1 , � . .1 ° En=() o _ n' OFFICE BUILDING DESIGN s M RETAIL BUILDING DESIGN i Ai_(J - �11' I{gCOi' fl lit ALJL n11aDEr50H t,Ci U' -c5-° lil<r At Qc l; 15 pm , CLfTIIFICA E 6. i0 Certificate of Correction State of Illinois ) ) ss County of Kendall ) This is to certify that the following is the correct Legal Description to be included with the following document : Document # 20000012562 Recorded 09 - 15 - 2000 PLANNED UNIT DEVELOPMENT AND ANNEXATION AGREEMENT LEGAL DESCRIPTION That part of the Northwest Quarter of Section 29 , Township 37 North , Range 7 East of the Third Principal Meridian described as follows ; Beginning at the Northeast Corner of said Northwest Quarter , then South 88 41 ' 11 '1 West , along the South Line of Oak Knolls subdivision , 285 . 05 feet to the East Line of Cannonball Trail ; then South 21 49135 " East along said East Line , 231 . 90 feet to an angle point therein ; thence South 68 10125 " East along said East Line , 5 . 0 feet to an angle point therein ; thence South 18 56106 " West along said East line 198 . 24 feet to an angle point ; then South 21 49135 " West along said East line 185 . 73 feet to an angle point ; then South 45 10125 " East along said East line 73 . 20 feet to the Northerly line of US Route No . 34 ; then Easterly along said Northerly line , 462 . 40 feet to the East line of said Northwest Quarter ; thence North 00 49135 " on said East line , 697 . 74 feet to the point of beginning in Bristol Township , Kendall County , Illinois and containing 6 . 148 acres . Dated t Aurora , I1 . Kane County , Illinois September 25 , 2000 Arthur Sheridan , Beneficiary , Old Kent Bank , Successor Trustee to Mechants National Bank of Aurora , Trustee Under Trust #5085 . Accurate Map of Territory to be Annexed to the N United City of Yorkville Kendall County Illinois x v , 20 20 S88°4/ '11 "W 285. 05 V ti' \ 29 29 ! !Od•' \ h N6801025 "W RM 5.0 ' o 0 a n Indicates Present Corporate Limits ell 0 A� v 0 73.20 462510 ' • Route /Vo Prepared by James M. Olson Associates, Ltd. 107 West Madison Street Yorkville, Illinois 60560 (630) 553-0050 August 25, 2000 Union Bank/Art Sheridan NO. qy?R City of Yorkville Plan Commission June 11, 2008 800 Game Farm Road Yorkville, IL 60560 To Whom it May Concern, We are writing to you because of concerns we have over the proposed site plan amendment for the property located at the northeast comer of the intersection at Rt. 34 and Cannonball Trail in Yorkville. Due to familial commitments tonight, we are unable to attend the meeting. Please accept our apologies. Based on the information received via United States Mail, we are informed that the proposed amendment for the intersection includes "a daycare, a gasoline service station, and two drive through facilities." It is our wish that the Plan Commission not recommend this, or any other type of "gasoline service station" at this intersection. This type of facility is not appropriate for this intersection given the number of homes in the immediate vicinity. The odor, the 24 hour lighting, and the additional night time noise distractions produced by the proposed service station are our greatest concerns. We have been residents of Cimarron Subdivision (situated at the south west corner of Rt. 34 and Cannonball Trail) for over 15 years. In that time period we have witnessed much growth in the area, particularly commercial growth. We have never complained about or rejected any of the business opportunities that have been built up around us. In fact, we welcomed and supported all the commercial ventures currently located at all corner's of the above-mentioned intersection as a benefit to the lives of all residents of Yorkville and surrounding areas. Living near such a high-trafficked intersection as Rt. 34 and Cannonball Trail, we realize that many businesses would certainly want to locate at the proposed location. It is our hope that the Plan Commission would consider the negative aspects that a gasoline service station would produce, clearly reducing the quality of life for the families living in the immediate vicinity. It is also our hope that the members of the Plan Commission continue to support business ventures that will enhance our area of town and our quality of life while declining to recommend the proposed "gasoline service station." Thank you for your time and concern. Sincerely, David and Maria Fisher, Lonnie and Kris Avery, Cimarron Ridge residents United City of Yorkville City Clerk City Hall Application #2008-11 800 Came Farm Road Yorkville, IL 60560 IIRNI Properties & Development LLC This is a written notice of protest against the proposed changes to an existing PUD agreement dated 8/10/2000 described as Kendall County Parcel Numbers 02-29- 100-004 and 02-29- 100-005 located at the northeast corner of Cannonball Trail and U. S . Route 34 in Yorkville, 11, containing 6. 148 acres more or less. Application for changing the existing PUD agreement was filed by 1IRM Properties & Development LLC, 300 N. Lake St. , Montgomery, IL 60538 . Copies of this notice have also been sent via certified mail to FIRM Properties & Development LLC and Daniel J. Kramer & Associates, Attorneys at Law, 1107 A S. Bridge St, Yorkville, IL 60560. We, the undersigned, state that according to the Illinois Compiled Statutes, he/she is the legal titleholder &/or mcmberhnanager of Kendall County Parcel Numbers : 02-20-376-003 and 02-29-201 -001 which constitutes more than 20`%, of the frontage proposed to be altered and is requesting that the Plan Commission of the United City of Yorkville deny any changes to the exist).lig PUD agreement dated 8/ 10 1/2000. }�irk 01/) 136bb' I . t to'h, 11 operty OWflel Marilyn Clack" hoperty Ownel 3974 CannonbaWTrail 3974 Cannonball Trail Yolkvifle., IL 60560 Yorkville, 11, 60560 Verne L. Venue, Member/Manager for 13smci Capital Mgmt . F,nterprises, LLC 10395 Routc 34 -- PO Box 51 Yorkville, iL 60560 I Subscribed and sworn to before me this 4`I' day of June, 2008. Notary Public Oh7ICIALSLAL„ DARALD NELSON ry Noia Public, si2jf, c Illinois My Carnmisan Eapiras a4/Q9112 Received from Martha Price, 29 Hickory Lane - June 2, 2008 cis _ `i ..�t.�•�-..� Cn CO i V J y Vi 6=VJ. C.Walton, Ground-water Recharges and 1�iin Oft in hi no s`",�tepoi�6 lnvesPiga�rtons, No 48, Illinois State Water Survey, Urbana, IL 1965 'Roy Edward W niams`;'Shallow Hydrology of Glacial Drifts in Northeastern Illinois, Ph-D. Thesis, P. 1179, University of Illinois, Urb Illinois, 196c) KF ALL COUNYY Ig LITTLE RO �7�sxBRISTOL r' {OSWEGO!'- 5 50 "' i► 7 .70 'L ,r.., •• ti 5 .�2 t wf' t pu.r p 5r}�- FOX 90 KENDALL NA-AU-SAY - ' - I , A BIG GROVE LISBON SEWARD 2. 24 3.04 1 . 00 AQUIFER MATERIAL-=^ «::x dandaurfa e between 5 and 20 ft of land surface between 20 and 50 ft of laid surface [_] no aquifer material � ' ' n 50 ft of land surface AQUIFER RISK FOR SENSITIVITY GROUNDWATER SCORE CONTAMINATION 0 .00-2.30 "Low Risk" 2.51-5 .00 "Low to Moderate Risk" 5 .01-7 . 50 "Moderate to High Risk" - 11 : f1 1 \ a1 1 t antiF 1111 + . 1 .1 : 1. 1 - : t tl ' i 1 ' I - • 111 1111 i1 'JI ' 1 t " A a l l 1 11'. . : . / J; . t1t1 ' 111 • 111 i l 11y : - .11 J ". 1. y .. . 3 I y : ' t1 , 1 •+ 11 1 { - le 1 - • M' 1 is ' : 1 t :1 + /. ' .: 1J 1 " • i r 1 \ . It J � t +1 1'7 1 11 1. t ' 1 :� : 1 3 - 11 ' i t - 1 / f • d 1 I • : y too 1 ' I 111 y 1 1 1. J I i 1 :. I ! P I 1 1 I t 1 1 J 1 • �J w 111 1 1 1 1 I • f 1 1 ! t - 1 1 - • J. i 1 i 11 f 1 I d I 1 11 11 • Ii ! • 1 1 / - t 1 1 • n 11 n ' :. 11 a1 - 1 • •JI 1y • { 11 � 1 1 1 1 I it L - 1 , - ' Jt P -li 11. { 'J 1 . I I ' : IA t1 1. 1 1 % 11 i1 '. 1 i :1 :� • `I' . 1 '• t 1 "i .- 1i1 - Received from Martha Price, 29 Hickory Lane - June 2, 2008 • Yorkville's Comprehensive Plan at that time showed the corner as Medium Density Housing (the County had it zoned for single family homes at that time) • April 12, 2000--Yorkville Plan commission voted against Arthur Sheridan's proposal which was to have an Office Planned Unit Development also allowing some uses from the B-2, B-2, and B-3 business zoning categories (without actually asking for business zoning). His proposal was rather vague about exactly where the buildings would be built or even how many buildings would be built. • The proposal was discussed at the Economic Development Committee on Tuesday, April 18, 2000, and the committee made some j recommendations. • Proposal was on agenda for Yorkville City Council Committee of the Whole for Thursday, April 20, 2000, Arthur Sheridan did not appear at the meeting and had requested two more weeks for modify his plan. • Arthur Sheridan announced that he is asking the Illinois Supreme Court to review his case against the County. In the meantime, he proceeded with his proposal to the city. (State's Attorney Tim McCann said it was not likely that the Illinois Supreme Court could hear the case since they only hear about 50 cases per year and then the cases must have an impact on the entire State or pertain to some unique point of law.) • July 6, 2000--At City Council Committee Meeting of the Whole, it was revealed that a PUD agreement had NOT been drafted. Attorney hired by the neighborhood addressed the council and summarized our position and reviewed the previous court cases concerning the comer. At that meeting, Mr. Sheridan volunteered that he would take out the requests for B-3 zoning. It was suggested by an alderman that retail uses (13-1 and B-2) be limited to the part of the parcel starting 400 feet from the northern lot line and the office zoning be on the northern 400 feet. The proposal was sent to the Economic Development Committee. • July 18, 2000 PUD was "hammered out" at the Economic Development Committee meeting. This meeting was attended by several residents of the neighborhood. PUD "hammered out" seemed an acceptable compromise between the neighborhood position that the comprehensive plan showing residential should be followed and the city's desire for more business zoning. (Court rulings had upheld the residential zoning.) (Search for minutes of that meeting is under way committee included Valerie Burd, Yorkville's current mayor.) • August 10, 2000--City Council approved the PUD (permitted uses from I Received from Martha Price, 29 Hickory Lane - June 2, 2008 the PUD attached) • Property subsequently sold by Arthur Sheridan • Property bought and sold other times? • Currently owned by Harold Oliver • Demolition permit was issued on March 22, 2006, for the brick ranch home on the property (home had been rented from time to time--allowed under the PUD even though home was zoned "office") • Home was demolished • May 16, 2008—adjacent property owners received notice of public hearing to be held at the Wednesday, June 11, 2008, meeting of the Yorkville Plan Commission to consider a request to change the PUD agreement. • Obviously a lot of effort has gone into getting to the current PUD as evidenced by all of the above "history" of the last 20 years. The neighborhood thought the current PUD would be acceptable--no worries about underground gasoline storage tank leaks or run off getting into the soil and into our wells or to Blackberry Creek, no objectionable noise and lights, no excess traffic. I I I i CANNONBALL TRAIL CIVIC LEAGUE June 18, 2008 • • • • • • • ® • • To: Yorkville Economic Development Committee Members: Alderman Golinski, Alderman Munns, and Alderman Besco In the packet given to the Yorkville Plan Commission members before the public hearing on June 11, 2008, was the long"history" of the northeast corner of Cannonball Trail and Route 34. I am sure that information was passed on to you. The Plan Commission agreed apparently by their unanimous vote against any change in the current PUD that the current PUD should be the "end" of this long history. Obviously, we wanted it to be the end also. The letter to the Plan Commission attached to the packet explained our concerns for any change to the current PUD which are primarily environmental in nature. The packet included information about the high risk for groundwater contamination. After hearing the concept plan at the public hearing and realizing that there is an underground pipe system proposed for the storm water management, we are even more concerned for the environment and groundwater contamination. We are told that this underground pipe system is a very bad storm water management system. An attachment to this letter is of further concern as it is a statement from someone from the U.S. Department of Agriculture about the poor filtration qualities of the soil in this location. Also attached to this letter is a copy of a statement made at the public hearing that specifically addressed what we feel are shortcomings in the application made by the petitioner in regard to zoning and uses. We hope you will support the current PUD worked out in 2000. We feel the changes requested are a threat to public health and the environment. Martha Price for the Cannonball Trail Civic League 630-553-7509 nlu:iec4 1 I u':tolx un Att. Public Hearing Comments U.S. Department of Agriculture statement In the letter and attachments sent to you, our reasons for asking that the PUD not be changed were given which included the previous legal battles and the many changes involving that corner over the years. All of that was outlined in the lengthy history attached to the letter. Our reasons for also not changing the PUD to allow for a special use for a gas station were also specifically given in the letter in that it doesn't seem that the special use meets the standards outlined in Yorkville's zoning book and those standards are quoted in the letter. These reasons along with the high risk for ground water contamination which could endanger the nearby private wells are the same as the concerns the residents at the other end of Cannonball Trail at Route 47 had in January of 2005 when a gas station was proposed at that corner. You know, of course, that there is NOT a gas station there—the proposal was withdrawn before it was put to a vote at the Plan Commission. In addition, I would like to raise the following issues or questions: The application for the change stated a request for a change in the site plan and for special uses for the "front" lots. I am assuming the "front" lots are the lots located closest to Route 34. In the certified letter we received it stated that the request was for a site plan amendment to the PUD and a special use for a daycare, a gasoline service station and two drive through facilities. I am assuming a"site plan" is the arrangement of the buildings and the current PUD on page 5 states that "The property shall be developed and improved as Planed Unit Development under the following: A. Specific building locations as generally defined by the site plan, as per Exhibit D" Since the new proposal shows buildings in a different arrangement, I am assuming this is what is meant by an amendment to the site plan. However, the new proposal shows a car wash which I believe is a B-3 use. Neither the application or the certified letter states any additional uses or zoning changes are requested. (Only `office" uses and some 13- 1 and B-2 uses are allowed per the current PUD.) Also, the new proposal shows the daycare in the portion of the parcel which according to the PUD is to be "office." In the current PUD, day care is a B-2 classification and should not be allowed in the office zoned portion. Again, neither the application or certified letter states a request for a zoning change or a change in a classification of a use. The "office" zoned portion the northern most 400 feet, is to serve as a buffer or transitional zoning portion between the single family residences and the B- 1 and B-2 uses— top paragraph on page 6 of current PUD. I realize that in Yorkville's CURRENT zoning ordinances, a day care is a special use in "office." However, the last paragraph on page 7 of the current PUD states "In the event of any conflict between this Agreement and any ordinance of the CITY in force at the time of the execution of this agreement or enacted during the pendency of this agreement, the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency." I think this means that since the current PUD states that day care is a B-2 use, that should take precedence. Again, we feel that the current PUD should be upheld. It was a long rough road getting to the current PUD and we feel the current PUD should end the matter. In addition, I have another document obtained during the first debate about a gas station in this location. This is a brief statement from someone at the US Department of Ag concerning the soil. 1'L/U3 'Yb 15:53 7Ut1053/448 KENDALL UU LM5N --»3411YO Pg. U1 United States Natural P.O. Box 2890 Department of Resources Washington, DC Agriculture Conservation 20013 SRtY1GA March 12, 1996 From: Bob Jankoski, — District Conservationist The Soil mapping units on the northeast comer of U.S. Rt. 34 & Cannonball trail are Fox(327B) silt loam. The Fox series consist of well drained soils formed in loamy deposits overlying sand and gravel on outwash plairts, stream terraces, and maraines. Approximately 1000 feet east of the intersection is Blackberry Creek. The soil mapping unit along the creek is identified as Lorenzo (318F) silt loam. Lorenzo also consists of well drained soils formed in 12 to 24 inches of loamy material over sand and gravel on outwash plains, valley trains and maraines. Both Fox (3278) and Lorenzo (318F) have very poor filter capabilities and rapid water movement will occur through the subsoil due to the gravel present. The Naturat newurces conservation seMco. IOnneny"sou conaen aaOn senaoe, to an agency of tha UAW Stator Dopartment otAgdwitura AN EQUAL OPPORTUNITY EMPLOYER BUILDING PERMIT REPORT United City of Yorkville Department of Building Safety and Zoning May 2008 Types of Permits 2-Family Commercial Number of Permits Issued SFD mimon,2005, Multiple-Family (BV..M2006,Category includes Industrial Miscellaneous- Total Construction Cost 2 pemb,-I s"caur) madoua) ............. May 2008 112 16 4 0 2 0 90 $31,627,827.00 Calendar Year 2008 396 61 6 0 19 0 220 $48,261,744.00 Fiscal Year 2008 112 16 4 0 2 0 90 $31,627,827.00 .......... .......... ............ ................ . ..... ................... .............. ........... ................ .. . ................... ........................ ......................................................... ........... ...................................................... May 2007 141 36 0 0 3 0 102 $7,444,345.00 Calendar Year 2007 505 182 4 0 20 0 299 $63,000,140.00 Fiscal Year 2007 141 36 0 0 3 0 102 $7,444,345.00 ...... .... ...........–. ............. ....... I.—.. ........ May 2006 184 72 8 1 3 0 100 $18,797,320.00 Calendar Year 2006 724 3913 28 4 17 0 282 $79,867,353.00 Fiscal Year 2006 184 72 8 1 3 0 100 $18,797,320.00 .......... ............ ......... ............... ........... ........ ......................... .... . ... ....... ........................................................ .......................................................................................................... May 2005 134 43 0 0 6 0 85 $12,519,845.00 Calendar Year 2005 1 451 169 5 0 22 0 250 $46,221,301.00 Fiscal Year 2005 134 43 0 0 6 0 85 $12,519,845.00 ".q., .. '..,.".....,.....,... ... ............... .............— ........ ......................... . .........I............................. ................ .............. ... ............ ....................................................................................................... May 2004 127 61 0 0 2 0 64 $15,415,633.00 Calendar Year 2004 2 399 193 3 0 5 0 197 $40,441,228.00 Fiscal Year 2004 1 127 61 0 0 2 0 64 $15,415,633.00 Permit Number Y-05-0012 was voided,thus only 451 of 452 assignedpermit numbers were actually used Permit Number Y-04-097 and Y-04-0518 were issuedfor each side ofa duplex,only I structure was built *Miscellaneous includes additions,remodelling,garages,sheds,,swimming pools,decks,fire alarmlsprinklerplan reviews,municipalprojeca,etc. Report prepared by. Barbara A Deumer,MCP,Department of Building Safety and Zoning h r�7 U, z (TI \J,% NE"1 v� i NESS -4,1cJ cb(C' �Uc7v-c21P 0 C/T` ,2 v O� Memorandum To: EDC/City Council ESr. 1836 From: Travis Miller, Community Development Director CC: Brendan McLaughlin, City Administrator O Lisa Pickering, Deputy Clerk ���� Date: June 12, 2008 CE Subject: Plan Commission Actions June 11,2008 PC 2008-11 HRM Properties &Development,LLC—PUD Amendment Request - Motion to recommend approval of the Planned Unit Development Agreement Amendment as presented. 0 ayes; 6 no The Plan Commission reviewed the criteria listed in Zoning Ordinance 10-14-7 B.5 a-e regarding zoning amendments as well as the standards listed in Zoning Ordinance 10-14-6 regarding Special Use requests. Findings noted at the meeting regarding the PUD amendment request included: - The proposed gasoline service station is a concern based on testimony received regarding the impact this use may have related to enjoyment of other property in the immediate vicinity,primarily the residential land uses to the north(Oak Knolls), east and south(Cimarron Ridge) neighborhoods. - Concerns regarding drainage, specifically surface runoff carrying pollutants that may result on the surface of the gasoline service station use,and the close proximity of the Blackberry Creek. Testimony raised concerns that the close proximity to the Creek limits the ability for treatment of surface drainage before entering the Creek. PC 2008-13 Cross Evangelical Lutheran Church—Annexation and Special Use Request - Motion to recommend approval of Annexation 6 ayes; 0 no - Motion to recommend PUD Zoning subject to addressing staff comments. 4 ayes; 2 no PC 2008-12 Zangler—Preliminary Plan and Final Subdivision Plat - Motion to recommend approval of Preliminary Plan subject to addressing staff comments 6 ayes; 0 no - Motion to recommend approval of Final Subdivision Plat subject to addressing staff comments 6 ayes; 0 no PC 2008-15 Prairie Pointe Subdivision — Lot 2 Preliminary Plan and Final Subdivision Plat - Motion to recommend approval of Preliminary Plan subject to addressing staff comments 5 ayes; 1 no - Motion to recommend approval of Final Subdivision Plat subject to addressing staff comments 5 ayes; 1 no PC 2008-17 United City of Yorkville — 185 Wolf Street Preliminary Plan and Final Subdivision Plat - Motion to recommend approval of Preliminary Plan subject to addressing staff comments 6 ayes; 0 no - Motion to recommend approval of Final Subdivision Plat subject to addressing staff comments 6 ayes; 0 no `,(OD C/p� Reviewed By: Agenda Item Number O J q .1% Legal ❑ N(-yi Ii,-lcS� � iFinance F1— esr leas 1 Engineer ■ -�-._— Tracking Number 0� �� „ y City Administrator F1 �O Consultant ❑ EDC 2008- % Agenda Item Summary Memo Title: Rush Copley Stormwater Easement Agreement Amendment Meeting and Date: EDC/July 3,2008 Synopsis: Request to amend the stormwater easement to allow additional phases to develop using the infiltration basin for stormwater management Council Action Previously Taken: Date of Action: May 22, 2007 Action Taken: Subdivision Plat Approval Item Number: Type of Vote Required: majority Council Action Requested: Approval of Amended Easement Agreement Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report C/p Memorandum 2 k O To: EDC J T From: Travis Miller EST. -� 1836 Cc: Lisa Pickering,Deputy Clerk Date: June 27, 2008 09 11. f-v Subject: EDC 2008-,27 Rush-Copley Stormwater Easement Agreement a�� X20 Amendment <GE Background The Final PUD Plan and Plat was approved for the Rush-Copley Medical Center May 22,2007. In 2007, staff requested Rush-Copley to dedicate a temporary easement to include the area to be used for stormwater management for Phase 1 to ensure the City can access and intervene in the event this stormwater management area fails. Purpose of temporary stormwater management area/and amendment requested: Rush-Copley is developing their final plan in phases. When this project is fully built-out, an outfall will be required to convey stormwater away from this site. This outfall is not necessary for Phase 1. The stormwater for Phase 1 can be managed without an outfall due to the percolation rate/ability of the area delineated on Exhibit B of the proposed Easement Agreement. The proposed amendment allows Rush-Copley the flexibility to add additional units/development phases(beyond Phase 1) to be managed by the infiltration basin as long as it is demonstrated that there is enough volume capacity in the infiltration basin to accommodate the additional phase(s). Other stormwater concerns and staff recommendation: Within the past week, staff has become aware of a discrepancy in the stormwater management report/design of the site and the constructed stormwater system on the property. This discrepancy is regarding a difference in elevation on the bottom of two basins. Staff recommends approving this easement agreement amendment subject to the resolution of the stormwater management plan elevation concerns as explained in the attached memo from Bill Dunn, EEI. Note:as of the preparation of this report, staff is working with Rush-Copley and their engineering team to resolve these items and will report to the EDC the current status (or the `a resolution) on July 3 TEMPORARY STORMWATER MANAGEMENT EASEMENT AGREEMENT This Agreement is made this _day of 2001, by and between - - - - - - - - - Deleted: 7 Copley Ventures Inc, an Illinois corporation, (hereinafter referred to as "Grantor"), and The United City of Yorkville., an Illinois municipal corporation (hereinafter referred to as "Grantee"). The Grantor and Grantee are sometimes individually referred to as "Party" and collectively referred to as "Parties" herein. WITNESSETH WHEREAS, Grantor is the owner in fee simple of a certain parcel of real estate, which is legally described on "Exhibit A" attached hereto and made a part hereof which is located south of Veteran's Parkway and west of the proposed Beecher Road in Yorkville Illinois, hereinafter referred to as "Subject Property'; and WHEREAS, Grantor intends to develop the Subject Property as a medical healthcare campus in several phases of construction beginning with a medical office building to be constructed as the first phase of development which shall be located just south of Veteran's Parkway; and WHEREAS, Grantor intends to provide all required storm water management for the first phase of construction within an on-site storm water basin as depicted in Exhibit `B" attached hereto and incorporated herein; and WHEREAS, said storm water detention basin will not be equipped with a storm water outfall pipe during the first phase of construction on the Subject Property; and WHEREAS, Prior to Grantor commencing, additional phases of build-out on the Subiect - - - Deleted: when Grantor Propery which create additional impervious areas and cause the Easement Area defined in Deleted: undenekosfhe second phase Exhibit "B" to become insufficient due to lack of adequate doressional storage _ Grantor shall. , of construction on the subject Property ensure that the on-site detention basin and/or basins located on the Subject Property are equipped which is intended to include a hospital facility 131068PI 4337814 with a storm sewer outfall pipe; and WHEREAS prior to undertaking constrUCtion of any additional phases of development on the Subject Property. Grantor shall provide Grantee with a storm water management analvsis prepared by a Illinois licensed Civil Engineer, indicating. whether or not the bounds of the Easement Area are sufficient to accommodate the required depressional storage for additional development. WHEREAS thegity Engineer shall have final authority in determining if the Easement- . , - 4 Deleted: CITY Area is Sufficient to accommodate any additional phases of development on the Subject Property. WHEREAS, during the interim period of time when the on-site detention facility serving the first phase of development is not equipped with a storm sewer outfall pipe a 100 year rainfall event may occur which causes an overflow of water from the on-site detention basin into other area of the Subject Property. WHEREAS, the parties wish to memorialize an agreement as to the granting of a temporary access easement covering the entire Subject Property to provide the grantee with the ability to enter the Subject Property to monitor, inspect, maintain and repair the on-site storm water management facility and interim high water level areas on an emergency basis. NOW, THEREFORE, in consideration of ten ($10.00) dollars in hand paid and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following agreements, covenants and restrictions are made: 1 . Incorporation of Recitals. The foregoing recitals are substantive and are incorporated by reference in this paragraph I as though fully set forth herein. 2. Grant of Easements. Grantor hereby grants to Grantee, and to Grantee's successors and assigns, a temporary, non-exclusive easement over and across the portion of the Subject Property depicted in Exhibit "B" attached hereto and made a part hereof (hereinafter referred to as the "Easement Area"), consistent with and for the purposes set forth in the terms of this Agreement; and a temporary, non-exclusive access easement over the entire Subject Property. The Easements granted herein shall automatically terminate upon the Grantor's_ - Deleted: ee equipping the on-site detention basin and/or basins with a storm sewer outfall pipe. _ _ _ _ _ _ _ _ _ - - . Deleted: iaeuance ofa grading permit for phase 11 development of the Subject 3. Purposes of the Easements. The purposes of the easements granted herein are: Property' and a. The temporary, non-exclusive easement over the Easement Area is for the temporary right, privilege and authority, but not the obligation, to survey and inspect, and construct, reconstruct, repair and maintain, but only in cases of emergency, the storm water management area which is depicted as the "Interim High Water Level" (hereinafter "HWL") on the HWL Exhibit attached hereto as Exhibit "B", together with any and all manholes catch basins, sanitary sewers, connections, ditches, swales, and other structures I31o6sn2 43370/4 and appurtenances as may be deemed necessary by Grantee. The right is also granted to out down, trim, or remove any trees, shrubs, or other plants on the Easement Area that interfere with the operation of the storm water management facilities located on the Subject Property. b. The temporary, non-exclusive access easement over the entire Subject Property is for the right of access across the Subject Property in the event of an emergency, together with necessary equipment, to do any of the work or perform any of the easement rights described in paragraph 3.a. above. Grantor shall remain primarily responsible for the operation, maintenance, and repair of the storm water management area and appurtenances. Grantee will perform only emergency procedures as deemed necessary by the Grantee's Engineer. 4. Grantor Restrictions. During the term of this Agreement, Grantor shall not: a. place any permanent buildings on the Easement Area; or b. change the topography or storm water management structures within the Easement Area prior to Grantee's approval. _ Notwithstanding the foregoing, the storm_ , , - Deleted: water management structures within the Easement Area may be used for purposes that do Deleted: approval of Grantor's rna:e n not then or later interfere with the Grantee's rights herein. grading plans 5. Conduct and Coordination of Maintenance, Repair and Replacement. All entries by Grantee upon the Easement Area shall be done in a manner to so as to minimize impact upon the activities of the Grantor. However, any damage to the Subject Property caused as a result of Grantee's activities on the Easement Area or the Subject Property shall be the obligation of the Grantor to correct and restore to its original condition. 6. Grantee's Costs. In the event of an emergency effecting properties adjacent to the Subject Property requiring maintenance or repair of the Easement Area, Grantee may, at its option, perform such maintenance, repair, replacement. Grantor shall, upon presentment of verification by Grantee, immediately reimburse Grantee for any and all costs and charges associated therewith. In the event of a failure by Grantor to maintain and repair the Easement Area and the improvements thereon, which impacts adjacent property owners or Grantee, then Grantee shall notify Grantor in writing of such failure. If Grantor fails to remedy such failure within thirty (30) days after receipt of such notice or, if such failure cannot reasonably be cured within such thirty (30) days, or in the event Grantor fails to commence the cure of such failure within such thirty (30) day period and diligently pursue such cure to completion, Grantee may, at its option, perform the obligation which Grantor has failed to properly perform hereunder and Grantor shall, upon notice from Grantee, immediately pay to Grantee any and all costs and charges associated therewith. In the event that Grantee assumes any of Grantor's obligations pursuant to this paragraph, 1310680 4337814 Grantee shall be entitled to recover from Grantor, upon request, the charges, fees, costs, and expenses reasonably incurred by Grantee. 7. Covenants RunninE with the Land. All provisions of this Agreement, including the benefits and burdens set forth herein, shall run with the land and are binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 8. Transfer of Ownership. Whenever a transfer of ownership of the real estate, or a part thereof, legally described in Exhibits A occurs, the liability of the transferor for any breach of covenant occurring thereafter shall automatically terminate with respect to such transferor. Any transferee shall automatically assume and be bound by the burdens and obligations hereunder running with the land to the owner of the parcel or portion thereof being transferred. 9. Interpretation. This Agreement shall be interpreted in all respects pursuant to the laws of the State of Illinois. The rule of strict construction does not apply to the grants herein. The grants herein shall be given a reasonable construction to carry out the intention of the parties hereto to confer a commercially usable right of enjoyment to each party. 10. Jurisdiction and Venue. The parties hereby agree that the proper venue for any actions pursuant to his Agreement, brought by or on the behalf of any of the parties to this Agreement, shall be heard in the Courts of Kendall County, Illinois. All parties waive any objections to thejurisdiction of said Court and hereby consent to its jurisdiction. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK t3iosan4 4339614 [SIGNATURE PAGES FOLLOW] GRANTEE: UNITED CITY OF YORKVILLE, An Illinois Municipal Corporation. By: Mayor By: City Clerk STATE OF ILLINOIS) ) SS. COUNTY OF ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that personally known to me to be the Mayor of The United City of Yorkville, an Illinois municipal corporation, and personally known to me to be the City Clerk of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person and severally acknowledged that as such Mayor and City Clerk, they signed and delivered the said instrument as such Mayor and City Clerk of said municipal corporation and they caused the corporated seal of said municipal corporation, as their own free and voluntary act, and as the free and voluntary act of said municipal corporation, for the uses and purposes therein set forth. Given under my hand and official seal this day of 2004 - - - Deleted: r Notary Public 13:ossn5 433]&4 GRANTOR: COPLEY VENTURES I LLC, An IDinois Corporation. By: It's President By: It's Secretary STATE OF ILLINOIS) ) SS. COUNTY OF ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that , personally known to me to be the President of Copley Ventures, Inc, an Illinois corporation, and personally known to me to be the Secretary of said corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person and severally acknowledged that as such President and Secretary, they signed and delivered the said instrument as President and Secretary of said corporation and they caused the corporated seal of said corporation, as their own free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. Given under my hand and official seal this day of 92004- - - - - - - - - - - - - - - - - Deleted: 9 Notary Public 131068/26 43398/4 i LIST OF EXHIBITS Exhibit A: Legal Description Exhibit B: High Water Level Exhibit 131ocea7 43398/4 05/06/2008 08: 01 6305537575 YORKVILLE PAGE 09/10 PXHIHIT A THAT PART OF.THE NORTHEAST 114 OF SECTION 30, TOWNSHIP 37IJORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIB D AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF I SAID NORTHEAST 1/4; THENCE SOUTH 01 DEGREES 18 MINUTES 14 $E ONDS 13AST ALONG THE EAST LINE OF SAID NORTHEAST 1/4, 479.42 PERT} TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF U.S. ROUTE NO. 34 FOR A POINT OF BEGINNING; THENCE CONTR-41MG SOUTH 01 DEGREES, 18 MINUTES 14 SECONDS EAST ALONG SAID EAST LINE, 1431.68 FEET; #ENCE SOUTH 88 DEGREES 33 MINUTES 00 SECONDS WEST, 1327.15 FEET, O THE WEST LINE OF THE. EAST 1/2 ,OF SAID NORTHEAST 11,.41 THENCE-NO TH. OI DEGREESI3 Ia MIFES 3S 9RCONDS WEST ALONG SAID WEST' LINE, I5609 FEET TO A POINT ON SAID SOUTH RIGHT OF WAY LINE; THENCE SO�7TH 85 DEGREES 29 MINUTES 54 SECONDS EAST ALONG SAID SOUTH RIC HT OF WAY LINE, 1331.85 FEET TO THE POINT OF BEGINNING, ALL IN R USTOL TOWNSHIP, TCENDALL COUNTY, ILLINOIS; EXCEPTING THERE FROM A SQUARE SHAPED PARCEL COMPRISED OF 60,000 SQUARE FEET AT THE NORTHWEST CORNER OF THE ABOVE-DESCRIBED REAL ESTATE, AND EXEMPTING THEREFROM THE PORTION OF PROPERTY TO BE CONVEYED TO THE ILLINOIS DEPARTMENT OF TRANSPORTATION W'FIICH IS LZGALLY Dx9CRxBmD As FOLLOWS , E PART OF THE NORTHEAST QUARTER OF SECTION 30 , TOWNSHIP 37 , RANGE 7 OF THE THIRD PRINCIPAL MERIDIAN , IN KENDALL COUNTY, ILLINOIS , MORE PARTICULARLY DESCRIBED AS FOLLOWS . i COMMENCING AT THE NORTHEAST QUARTER OF SAID SECTION 30 , THENCE SOUTH 01 DEGREES 14 MINUTES 08 SECONDS EAST, ALT THE EAST LINE OF SAID SECTION 30 , 479 . 42 FEET, TO THE SOUTHERLY RIGHT OF WAY OF WEST VETERANS PARKWAX (U . S . RPUTE 34 ) AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH, o3. DEGREES 14 MINUTES 08 SECONDS EAST, 90 . 47 FEET; THF,NCE NORTH 85 DEGREES 32 MINUTES 37 SECONDS WEST, 13 . 71 FEETF THENCE NORTH 40 DEGREES 30 MINUTES 56 SECONDS {VEST , 106 ; 13 FEET; THENCE NORTH 85 DEGREES 30 MINUTES 22 SECONDS WEST' ! PARALLEL WITH SAID SOUTHERLY RIGHT OF WAX, 1004 , 09 FEBTk THENCE NORTH 01 DEGREES 15 MINUTES 36 SECONDS WEST , 15 . 08 FEET, TO SAID SOUTHERLY RIGHT OF WAX , THENCE SOUTH 85 j DEGREES 30 MINUTES 22 SECONDS EAST, ALONG SAID SOUTHERLI RIGHT OF WAY, 1085 . 33 FEET, TO THE POINT OF BEGINNING . 1 i , EXHIBIT "A" SCALE: 1 " =150' High Water Level Exhibit o d RWIE 3V a t f ! I r r I\ I`634` if if illitl ;l i ilk l iili rr it ILL! C7 11111;11 IIM Op )Ili f _ • ,, lim � � (�.��,rT �� 111 ( i/ ! IIt tt rteV I 1 1 l;,l� W iii) If lit f!!f r { V Il �iAI fjl CIA PI its !'\� fit 11 ! If 1 \ \ '\ 11 1 ``�.J fit iI 1 If i AV \V ♦ 1i\ tllt ItFi It \A.,_634___ / fit itl / fl ( ! S \\ l fit lit 1 IlutttlI l iltllill( t/f !li( v ! ltJflittit l 1lU414. tljji! ft I !mi/I yr lJf I 1 f 1 i � � Jlillf llt� l w/ii l�ilfi t IltiF�l f! I v 1 t :`ctr i I ury%f riitn4 i ?vvv STORMWATER vii i 111111 1 v t r 1 /v f l! I f t I MANAGEMENT //iff ItJit t ] EASEMENT 111Ni h it FUTURE USH COPE'L V SITE 1 / y/ Jhlii tul I l i f' ryt t rr i7 rr /r 34• �__.— ,.... , __\ _ =Tlil' i �"h \\t\; .iJ626 it 1[1 STORMWATER \\\\ 11111, MANAGEMENT �\ ]lilt I EASEMENT of ` ! l / \\0 fills Ilw 1j / r~J i{f�lli Ilyl if `d h __ Ill II till I hill \ mill -- ----- .--:.:.w,.�.� 1�II i °4il;p a z3. Brit r 11 1jlf� .v.�'*e... vv mlhll lit It S70RMWATER -- Illiil1111 �'L.''cse`',~ 's_••!wa\ �Ii III II�II11 MANAGEMENT u I EASEMENT_'\\\ \\ tl lilt -� bv''8'm;.4,-a3ai\111 11111!11 \•``&,J_ -e = acc�c-_-�--c___ __ __ -834___ _ �^y //'P'yyREPARED7 BY: CIVIL ¢ e R � I EST. (V.../. @\../ 11 \\I ✓ 3 a Consulting Engineers, Land Surveyors & Planners � 2 2280 White Oak Circle, Suite 100 Aurora, Illinois 60502-9675 PH: 630.862.2100 FAX: 630. 862.2199 E—Mail : cadd@cemcon.com Website: www.cemcon.com NOTE' HIGH WATER LEVELS TO BE CONTAINED DISC NO.: R\903667 FILE NAME: EXHIBIT HWL WITHIN THE STORMWATER EASEMENTS SHOWN DRAWN BY: MOM FLD. BK. PG. NO. : NA COMPLETION DATE: 05-23-07 JOB NO. : 903.667 REVISED 05-08—OB/SJH DRAWING LOCATION: R: \903667\dwg\Exhibits\6tuv\EXtilelT HWL dwg TAB: Loyoutt Copyright Q 2007 Cerncon, Ltd. All rights reserved. 52 wheeler Road a Sugar Grove, IL 60554 TEL: 630 1466-9350 FAX: 630 / 466-9380 vn ,eehveb.com Engineering Enterprises, Inc- June 26, 2008 Mr. Joseph A. Wywrot, P. E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Rush-Copley Healthcare Center — Phase 1 Stormwater Management Plan United City of Yorkville, Kendall County, Illinois Dear Mr. Wywrot: Since early May of this year, EEI has been monitoring the "as constructed" condition and function of the three detention/infiltration basins that were developed during Phase 1 of the Rush Copley Healthcare Center project. The interest in the function of these ponds was stimulated by Rush Copley's request to allow the construction of the next phase of their master plan, a free standing dialysis center, without the construction of an outfall sewer as specified in the existing P.U.D. Agreement. The visual monitoring of these ponds on various occasions suggested that the ponds were not infiltrating at the design rate of 10.8 inches per day and led to concerns of whether additional flows could be added to this system without exceeding the design High Water Elevation. During this same general period there have been reported complaints and/or concerns regarding the Sexton property north of Route 34. It is reported that the Sexton depressional area that typically draws down through its agricultural field tile system is not functioning normally this year. The field tiles serving this area have been connected to the Rush Copley stormwater system. Additionally, Kendall County representatives and contractors working on the courthouse expansion project have expressed concern at the unexpected "normal" water elevations they have encountered since connecting their storm sewer outfall into the designated sewer stub constructed by Rush Copley. On June 11 , 2008, during a meeting with Rush Copley and the City, EEI again raised concerns about the functionality of the of the Phase 1 stormwater system. At this meeting, Randy Buss of Cemcon, Ltd. agreed to collect infiltration measurements in the field, certify those results and forward them for review. To date, this information has not been presented to the city or EEI. Consulting Engineers Specialising in Civil Engineering and Land Surveying Mr. Joseph A. Wywrot, PE June 26, 2008 Page 2 of 3 During the past week, EEI has gone back and studied the multiple drafts of the Rush Copley Phase 1 Stormwater Management Analysis & Report as well as the engineering plans and have discovered some unsettling findings. Throughout the review of the preliminary and final engineering up to January 30, 2007, the stormwater basins were represented as being excavated to an elevation of 6 inches below the outfall flared end section invert. In Basins 91 and #2 the bottom of the basin would be excavated to an elevation of 624.50 with a normal water elevation of 625.00. Basin #3 would be excavated to an elevation of 622.50 with an normal water elevation of 623.00. On January 30, 2007, in correspondence addressed to your office, we recommended approval for mass grading and stormwater facility construction, based on these values. During the process of mass grading and stormwater construction, it was discovered by the excavating contractor that there was an elevation discrepancy or "bust ' with regards to the original site elevations. On May 8, 2007, a meeting was held at Engineering Enterprises, Inc.'s office to discuss this problem. Cemcon identified at that meeting that the perimeter grades for the site where accurate but the interior grades, collected at a different time by a different technique, were as much as a few feet higher than what was shown on the plans. At that meeting, it was stated that the trunk line storm sewer would remain unchanged. Following this meeting, Cemcon, Ltd . indicated that they would be revising the site grading to reflect the discrepancy in grades. At this point in the review process, the final stormwater report had been approved with only a few comments .lingering regarding the infiltration structures designed for Basin #3 and the calculations regarding these structures. When revised plans came into our office during the second week of May, 2007, our review focused only on the few outstanding stormwater issues raised in the previous review and did not focus on a re-review of the entire report, since there was no reason to expect changes in the other portions of the report. The balance of our review focused on the Phase 1 site improvements including parking lot and driveway design, water main, street lighting, etc. In the transmittal of revised plans, the design engineer never drew any attention to the fact that the design of the stormwater basins was changed in this final submittal. In this submittal, the bottoms of Basins #1 and #2 were raised to elevation 628.50 and starting water elevation was raised to 629.00. These basin changes were introduced even though the flared end sections entering and leaving these basins where installed at the original grades more than three feet below the bottoms of the basins. To our knowledge, there were no discussions with the City or our office at any previous time regarding these changes. These changes have resulted in the construction of a stormwater system that does not adhere to City design standards and simply does not function as originally designed. The main line sewer is now constantly underwater and subject to blockage and siltation. In our opinion, the failure of the Sexton property field tiles is directly related to the changed bottom elevation of these basins. Similarly, the GIPublifforkvlle1200SV00528 Rush-Copley (Conover-Fisher Properly)kloosVwyvvrot16R Aoc Mr. Joseph A. Wywrot, PE June 26, 2008 Page 3 of 3 County Courthouse stormwater system cannot function properly with Basins #1 and #2 filled to elevation 628.50. CONCLUSIONS We believe the only solution to this problem is to restore all three basins to there original design and in accordance with the design methodology that is stated and has remained unchanged in each edition of the Stormwater Management Analysis and Report prepared by Cemcon, Ltd. for this project; that is, to construct ". . .three stormwater management facilities excavated to a depth approximately 6-inches below the flowiine of the outfall structures to accommodate first flush of runoff from impervious surfaces. " While this will likely be viewed as bad news by the design engineer and his client, we believe there may be some potential good news that is part of this remedial solution. The recommended remedial excavation of the Phase 1 infiltration basins represents additional stormwater basin volume since the tops of the basins have been raised because of the elevation discrepancies discussed above. This excess stormwater volume will allow for some latitude in the infiltration rates if they prove to be less than the assumed design values. We recommend that you direct the developer to excavate each of the basins to a level approximately 6 inches below their respective outfall sewer inverts in accordance with their design methodology and that you renew the request to Cemcon, Ltd. for certified field data to substantiate the infiltration rates assumed in their project design. If you have any questions or comments regarding the above or should you require additional information, please feel free to contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. , 6),& , William E. Dunn, P.E. Senior Project Manager pc: Mr. Travis Miller, Community Development Director Brendan McLaughlin, City Administrator JWF, TNP, DRM - EEI GAPu1hIie..Yorkvil1e @DD5iYOD528 Rush-Copley (Conover-Fisher Property)\docs1lwyvzotl6R.doc Cdr y Reviewed By: Agenda Item Number ? O J u N- -n Legal ■ -liuu t tI`-IlvI Finance F-1 EST. ° 1836 Engineer ■ Tracking Number �® City Administrator ❑ 9wn �O Consultant ❑ EDC2008- :..5 CE I Agenda Item Summary Memo Title: Integrated Transportation Plan—Contract for Services Approval Meeting and Date: EDC/July 3, 2008 Synopsis: Contract approval for consultant services to complete the Integrated Transportation Plan. Council Action Previously Taken: Date of Action: December 13,2007 Action Taken: Funding Approval and IDOT Agreement Approval Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See Attached Report C/p` Memorandum o , To: EDC EST. 1 1836 From: Travis Miller/Stephanie Boettcher Cc: Lisa Pickering, Deputy Clerk p Date: June 27,2008 Subject: EDC 2008- $Integrated Transportation Plan—Contract for Services kE Request Authorize staff to execute the attached contract for services for the Integrated Transportation Plan. Background In 2004,the Illinois Department of Transportation awarded the City of Yorkville funds to complete an Integrated Transportation Plan to guide the City of Yorkville in planning future transportation facilities as high levels of population growth are experienced. This Plan was to consider community transportation issues,impacts on economic opportunities,protect natural resources and provide improved public access and mobility. The scope of services prepared for The Integrated Transportation System Plan was designed to achieve the goals set forth by the Illinois Tomorrow Corridor Planning Grant Program and complete the project described by the City of Yorkville when the grant funding was acquired. The Plan includes three components: 1. Multi-Use Trail System Analysis 2. Multi-Use Trail System Design 3. Downtown Streetscape Plan Funding approval in the amount of$10,200 to enable the completion of the United City of Yorkville Integrated Transportation System Plan was granted by City Council December 13,2007. Note: the $10,200 is a local match required to obtain$91,800 in federal and state funds awarded to the City by IDOT in 2004. Authorization to execute Intergovernmental Agreement with IDOT(attached)was also approved in December 2007. SEC Group , Inc . Smith Engineering ConSdtantS ® SEC Automation w SEC: Planning PROPOSAUAGREEMENT for MASTER PLANNING SERVICES YORKVILLE INTEGRATED TRANSPORTATION PLAN Mr. Travis Miller Conmumity Development Director United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Phone_ 630-553-8573 Pas: 630-553 -7575 SLC Job No . YORK-080389 lone 23l I 15 ,i ' r� l nitcd l n of 1 mk% 11c Yorks iUe Inc nicd Iran pm ution Plan _ S] oh Au. V, )RK 080189 hire 21. 2008 1. Project Understanding SF(' Group, Inc. ( SEC ) is pleased to submit this proposal to provide planning and engineering services for the Integrated Transportation Plan . The scope of services has been prepared to achieve the goals set forth by the 'Illinois Tomorrow Corridor Planning Grant Program and as outlined in the Request for Proposal received on April ZI . 2008 . The Integrated Transportation Plan is to consider community transportation issues, impacts on econinnic opportunities. protection of natural resources and provide mproved public access and mobility . It is our understanding that professional services, as described below, are required to complete the project. tl . Scope of Services A. Data Collection and Analysis SEC will coordinate with the United City of Yorkville ( Yorkville) staff to collect available data including demographics, corridor statistics. traffic volume maps, orthophotos, land use, and other relevant information and will evaluate the corridor and study area' s present condition . Data will also be collected from other sources as needed for the benefit of the study. SEC will utilize all the information compiled including the items listed below: P Current Yorkville demographic inlonroation. • Corridor Statistics and Traffic Maps. • 2006 Orthophotography obtained from Kendall County . o Land Use tlu-ough the 2008 Comprehensive Plan Update. • 2008 Conceptual Shared Use "'frail Map. SEC will analyze the study area by conducting an initial kickoff meeting with the Yorkville staff. Site visits to the study area will then be conducted to observe and inventory the existing conditions to be compiled in the final report. Delis,erables — Data Collection and Analysis • Collect data, assemble and review all pertinent information. • One ( 1 ) kickoff meeting with Yorkville staff, • Two (2) site visits — tour study area and inventory existing conditions. N 'may RUM � h 3vs 11illcr t� Unittd 0 6 c i Yi ikrilk E York'rdI Ina r ,icd I i n 1 nl �tion I tun �o- SCI . Inh tvu 1 (1Rh-!ISO;ti9 .lour �i, IQiIR Pngc 3 of 13 ® One ( 1 ) Basemap and Aerial Fxhibit of the Study Arca. • One ( I ) Site Analysis Exhibit. B. General Consultation 1 . Public Involvement, Coordination and Partnersbip SEC will provide professional services to complete the Public Imoh'ement , Coordination and Partnership task. SEC will conduct a series of meetings, involving local, county and state officials, businesses, land developers, property owners, forest and water>•ay authorities, citizens, and stakeholders. The tollowing items will be completed as part of this task: • Stakeholder Interviews — lip to eight ( 8) stakeholder interviews will be conducted in the project with agencies, affected property owners, and business leaders within the downtown area. Identified stakeholders will be met with to discuss project issues, concerns, and potential solutions. • -Meetings with Stakeholder Task Force Committee — SEC will conduct four (4 ) meetings with the Stakeholder Task Force Committee. SEC will work with the Task Force Committee to communicate progress on the project and to receive input on key issues and address stakeholder concerns. SEC will coordinate with the Task Force on the creation of the Vision Statement, Goals and Objectives as well as the Community Survey/Questionnaire if desirable. • Define Vision Statement, Goals and Objectives — During and following the public process, SEC will compile notes to create a coherent, specific vision statement capturing the goals and intentions ofthe project. Once defined, SEC will outline the goals and objectives necessary to achieve the result described in the vision statement and formulate an implementation plan. • Community Survey/Questionnaire — SEC will draft and coordinate a survey with the residents, business owners, Yorkville staff and elected officials, and other interested parties. This survey will ascertain the needs and desires of stakeholders in the region and will help to address respondents' diverse attitudes and concerns towards this study. The survey will be limited to one page, font and back, to ease in distribution and collection of data. • Public Workshop and Information Meetings — Two (2) Public Workshop/Information Meetings will be completed for the Integrated Transportation Plan. SEC will coordinate with Yorkville to determine C .4tedCnN of Yorkville .N iMkcilla IDl ialgid Ilnmpmtation Hun r SCC JA Ao. YORK-080389 lure 23, 2008 i'a,,c 4 t.+r 13 the 'Final format lbr these informational meetings to obtain meaningful participation . ® Project islermsletteis/Fact Sheets — Up to four (4) Project Newslencr_s will be completed and distributed tlu'oughout the course of the project. The Newsletter will provide a written source of easily understood, up- to-date information on the project study. The newsletters and fact sheets will be distributed to stakeholders at established milestones of the project and will be available for public meetings, briefings and general distribution. The Newsletter will be provided in Adobel PDF format for ease posting to the Yorkville's websitc. • Final Public Meetings — Two (2) Final Public Meetings will be completed. One ( 1 ) Planning Commission Meeting and One ( 1 ) City Council Meeting at a date to be determined. SEC will provide the status of the project, present the plans, facilitate discussion_ and receive input from both government bodies. Deliverables — Public involvement, Coordination' and Partnership • One ( I ) Survey/Questionnaire for distribution to Stakeholders. • Two (2) Public WorkshopInformation Meetings. • Eight (8) Interviews/Meetings with Stakeholders, Local and Reoional Authorities (as listed above ). • Four ( 4 ) Stakeholder Task Force Committee Meetings. • Four (4) Project Newsletter/Fact Shcets. • Two (2) Final Public Meetings with Yorkville's Planning Commission and City Council. 2. Prioritization, Phasing, Implementation and Funding Strategies SEC will provide services to complete Prioritization, Phasing, hmplement,ation and Funding strategies. SEC will explore prioritization of the Shared-llso 1'rail and will recommend action steps and provide recommended programs and available funding grants to pursue. SEC will then provide Yorkville ' s leadership and staff with a color coded map showing the priority of phases for construction sequencing. �� :� Vr Ir.rrio Millar Unity ICtl . u fork v i I lc >rOILl i11 lit -rnncd I ramPoria1ion Plan " '�f:C Job No S ORK-(182389 I unc 23. 2003 Poet � of 13 Deliverables — Prioritization, Phasing, Implementation, and Funding Strategies • Prioritization, Phasing, Implementation and Funding Strategies fto be included in Final Report). • Mtuter Phasing Plan for the Shared-Use 'I System. C. Conceptual Planning Concept Development Based on existing study area characteristics, inventory and results of the aboN e tasks. SEC will complete the Concept Daaelopntent task. The following items will be addressed : 1 . Subtask I — Share-Use Trail System Design : • Identify locations on the 2008 Conceptual Shared-Use Trail Map that cross or conflict with other vehicular traffic. Unique design solutions will be provided where beneficial and appropriate. • Identify criteria to prioritize the implementation of the unconstructed segments of the system. • Estimate construction costs. vohmle of users, potential locations of land or easement acquisition, and identify connectivity to commercial. schools, and work places. • Prepare a prioritized list of Shared-Use Trail projects and identify stand alone projects to be completed with approximate cost estimates. Preliminary planning and engineering guidelines will be produced by SEC trhich will include phasing improvements, design and conceptual construction specifications and guidelines. The guidelines and policy produced will be used in the figure as a valuable resotnce by developers, engineers, and others to encourage a sense of fairness and uniformity throughout Yorkville, as it continues to grow in the future. These conceptual guidelines will address the following elements as outlined in the Request for Proposal : • Cross-section design. • Material specifications and pavement markings. • Path. roadway signage. and wayfinding. �„' Mr, lints Miller lmited 01h oI 1 orkvillc 1'orka itlr I it cc] lYa.n>puv,a;on Plan 'VP SI [C Job Ao. YQRK-680389 tuna 23. 7008 Pate G of I3 • Typical landscape improvements and guidelines. • handicap accessibility and ADA compliance. • Potential trallk control measures. • Typical traffic control requirements. • Typical path and roadway lighting. • Bicvcle and Pedestrian Safety Programs. • Cost estimates for items listed above. Deliverables-Shared Use Trail System Design • Conceptual Guidelines and Standards. • Shared-Use Trail Master Plan • Reconuncndations for Phasing Improvements, Desiu7 and Construction Specifications. • Signage and wayfinding theme and concept (defined below=). • Preliminary cost estimates. 2. Subtask 2 — Downton n Streetscape Plan • Task I — Downtown Pedestrian System Analysis • Task 2 — Design Standards for Streetscape Elements The purpose of the Downtown Streetscape Plan is to provide standards and guidelines for the pedestrian and bicycle environment in the doNvinown area of Yorkville, and Design Standards for Streetscape Elements. SEC will also create a Concept Plan, with the goal of connecting the existing downtown with surrounding residential neighborhoods, and improve upon existing interactions between vehicular, bicycle and pedestrian routes. The Streetscape Master Plan will identify conceptual landscape concepts, safe zones, resting areas (for passing and waiting), street separations and edge treatments. a. Task 1 — Downtown Pedestrian System Analysis SEC will examine and propose solutions for the Pedestrian System Analvsis stave and the Shared-Use Trail Svstem in the downtown studv area. SEC will produce a map depicting points of pedestrian destinations, identify primary circulation routes, activity zones, and vehicular conflict areas such as street crossings. Specifically, the following elements will be considered and studied as defined in the Request for Proposal : Ui l �o� ix \tills Gnil d ( m ul 1'i� kvillc Yorkvill Int ;!r;N Cd Ii .msporlaGon Plan WN ff �, 3x Vt:.0 lu;� Au. FORK-(iROl87 WHIC 23. 100 I'uee7ofI ) • Solutions for a safe pedesirianlbicycle environment. • Reduce conflict bCiween non-vehicular and vehicular traffic. • Increase pedestrian and vehicular access to the downtown area. • Provide and improve connections to recreational opport Lill ities like the Fox Ri\ er and surrounding amenities . SEC will examine traffic calming techniques and will offer solutions, as requested by the Request for proposal : • Alternative bike path 'surfaces at crossings. • Raised pavement areas, crossing surface colors and materials. • Safe sight and stopping distances. • Appropriate sidewalk and path %N idth_ • Refuge islands (bump outs) with barriers where needed. • Slow design speeds, slopes, curves. • Clear tral'iic signing, pavement markings, and flashing signs. Deliverables — Dotv'ntOR97 Pedestrian System Analysis (Task I ) • One ( l ) Downtown Streetscape Master Plan . • One (1 ) Pedestrian System Analysis. • Street typical sections specific to the Downtown area_ • Up to Five (5) diagrams demonsuatinu safe bicycle and pedestrian treatments. • Illustrative narrative (to be included in the final report ). h. Task 2 — Downtown Design Standards 'for Streetscape Elements SEC'. will prepare the Downtown Streetscape Plan and Design Standards for Streetscaping Elements. The streetscape elements will define physical components typically included in a streetscape such as banners-, lighting, benches, bike racks, bollards, trash receptacles, tree grates, landscape plantings, signage and wayfinding. paving and stonework. SEC will also perform a Theme and Character Study that recommends a coherent theme to implement within the Downtown. Deliverables — Design Standards for Streetscape Elements (Task 2) • Design Standards for Streetscape Elements • Theme and Character Study — further defined below. fiwk %11Ilar Uehcd Lm �. tl-orkrilie Yoi$cilic movialed T«m p i taokml Han 51 ( JohNo 1ORK-00189 June 23. 2()08 Pace 8 0113 t). Integrated Transportation Plan - Final Report I he final report will provide a summary document outlining the findings, gut idelines and policies. The report will document the process and will provide goals and objectives necessary to carry out the vision statement. Commants and feedback Ll,,ained through the public process will be combined together with exhibits in a cohesi\-e and comprehensive report. Flans. exhibits, illustrations, sketches, elevations and test descriptions will be utilized to convey ideas and direction of the plan. Thirty ( 30 ) copies of the report will be provided in 8 x I I " booklet and digital PDF format to Yorkville. F. Reimbursable Expenses Reimbursable expenses include expenses by the Consultant in the interest of the Project. Reimbursable items under this agreement shall include mailings, deliveries, plots, copies. reports, and exhibits, requested outside consultants, mileage, project related photography, permits, and application fees. Any additional material costs not described above will not be considered a reimbursable expense unless reviewed with and approved by Yorkville. IIl , Billing�� The Scope of Work contained in this Contract will be completed on a Lump Sum basis. LUMP SUM: _ ITEM LABOR COST Data Collection and Analysis (-PL02) $6. 150.00 General Consultation (-PLl3) S151100.00 Conceptual Planning {-PLOq} 558,000.00 Prioritization, Phasing, $6.000.00 1 Implementation & Funding Strategies Integrated `transportation Plan — $ 10.900.00 Final Report Reimbursable Expenses 2.600.00 Sub Total: $97,850.00 S t 'uriird Cilvof Yt>t'F:IN ill It Yorkville nm er;ncd Teri Npnrtanon Plan �z"tl SIC Ioh No YORK-USU389 [line 21. lom Page 4 o l 13 ADDITIONAL CONTRACT UNDERSTANDING Earl t4�ork .1uv Nnrtk Ieyuiled But not inchled as pan of this contract shall be -oosiderad evtra it ill kNoa a% orlt Neill be billed on it lime ;rod t%Ilocral husis Nrith prior approval of the CLIENT Outside Consultants Sl C Camp. file (SEC, IN not respunsible tilt accutucy of zap plum. turvcyc or information of mac tape including electronic III Cd in prepared bN m;v other consrdtants, etc. provided to SEC loo use In Of eptu at on of plans. S ( is not re-pooslfile for accuracy of topueraph is cun'cyI provided by others. A field check of a topographic sutler provided M inhcc will nut he done under this contact uolcss indicated in the Sc'opc of Work. Attorneys' Pees In the event tit am ftigation arising f Lon unrelated to the services provided under this AGREEMENT, the prevailing pally Neill he entitled to rccocen of, all reasonable costs incurred. including staff tittle. court costs. anorne}s' teas and other related t\pcnscs. - Certificate of Met it the CLIENT shall male no claim tier prof8ssional negligence, either directly or in o third parer claim. against SEC unless the CL II VT has lint provided SLC with a m itten r rtifiation executed by an independent Design professional currentlq practicing u: the same discipline as SEC and licensed it) the State of Illinois. this certification shall: a) contain the name and license number of file certifier: of specily each and every act or omission that the emitter contends is a violation of the standard of cure e<pected of a Design Professional performing professional services under similar circumsanas; and c) state in complete detail the basis for the certif! n 's opinion that each such act in omission eonstilntcs such a violation. Phis ceiliticafe shall be provided to SEC not less than thirty (36) calendar days prior to the preseNation of dmf claim or the institution of any judicial procee(ling. Standard of (-at e Seri ices provided h SGC under this AGREEMENT mill be peliorned in a manner consistent Iv fill that degree of care and skill ordinarily e.sci ciscd by members of the same Profession currants, practicing under similar ciocuntstmtces. .lob Site Safety Veither the professional actin ities of SEC. not the pretence of SECS employees and subconsulttnts at a construclloll site, shall relieNe the General Contactor and any' other emit y of their obligations, duties and responsibilities including, bit! not limited to, cnninuction means, methods, sequence, techniques or procedures necessary f'or peribnning. superintending or coordinating all portions ufthe. pork of construction in accordance with the contract documents and any health ur Safiap precautions required by any rcgulaton' agencies. SEC and its personnel have no authority to exercise anv control over any construction contractor or other emit or their employees in connection with their wmk or any health or sdeN precautions. The CLIEN I' agrees that the (ieneril Contractor is sold}' responsible for job silt safet), and warrants that this intent shall be made evident in the CLIEN I's .1GREEMEN I with the General Contractor. The CLIENT also agrees that the C'LIEN'T , SEC and SEC'S consultants shall be indunnifled and shall be made additional insureds on the General Contractor's and till subcontractor's _general liabiliq policies nn a prim it] e and non-contrihutnrN basis. FS .-fi a Vr liacis \ ti llcr '211 1 tided Utr of 'l orkyike Yol kv i I IQ I n teo rated IIit n Spatution I'[all SL C h h \o 1 ORK-OWi6y June 33. ?OOR Poet: In of Il Reuse of Documents Ail protect documents inclut ine, but not looked to. plan, and spcc ilieatiuns Furnished by SEC under This plojecl arc intended for usr on Ihis proiccl onh . Arc r SLC, shall be at (hc C:L11 SIT'< sole risk. and( C I I CNT shall in&inniiy and hold hared ss S13' 1}xim all claims. damages and cSpenses includ tic :warne�',a kes urisin� out of or n_9rdtinc therciYom. Ownership of Instruments of Service All roports, plam. specifcations, fleld dahc field notes, laborauov est data. calculations esfintatcs and other documents includi le all doeumenl_s on electronic media prepmcd b) SEC aS instruments of service ~hall rcoain the pioperls of SEC. Sl:C shall retain these record.+ for a pea'iod of fire (5) Scars follmt ing complcnoivsubmission of the records, during which period they trill he made available to the CLIENT at till reasonable times. Failure to .abide by Design Documents Or to Obtain Guidance I lie C1 f agrees that it ovuld ire unfair to hold SEC liable for problems that [night occur should SECS plans specilic:ations nr design intents nat be kllotved, or for problems resulting book other. leilnre to Obtain and%nr lithely S6CS guidance tvilh respcct to an% errors, omission. inconsistencies, ambiguities or conflicts which are detected or alleged to v. na in or as a nnuequcnce of implementing SECS plans, spec i III can011S or other 111 strunents of service. Accordingly, the CLIENT waives ana claim t unsi SEC and agrees to defend, indemnify and hold SEC harmless fi'om am' claim for injuiv or lasses that teAde; none Bailee W I,ohow SF S plans, specifications or design intent, or for failure fit obtain andlot follow SEC S uuid'ance with respect to any alleged errors_ omissions, inconsistencies. ambiguities or conflicts eomained it little or arising >L9 a result of implementing SLC'S plans. spcci l ican oas or other Instr till hcnK ol' seryices. Tlie CLIENT' also agrees to cumpens,tle SEC for any time spent and cspenses 'uxuned be SECS prevailing fee schedule and expense r6inbuismnent pOliey. Opinion of Probable Construction Cost �)I-'l Khan suhoit to the CLIENT an opinion of probable cost required to construct work recommended, designed, or npocified by SLC. SEC is not a conerutairin cost estimator or construction contractor_ nor should SECS rendering an opinion of probable construction costs he amsidered equiyulent to the Intone and estell of se'vicC a cOnstruction COM eAllolaelc or construction dontmctor would provide SECS opinion trill be based solely upon his or her own e.xpeiience wi iih construction. This retpoitis DLC to make a number of assuntptionc as to actual conditions that will be encountered on site: the specific decisions of other design professiolot s engaged; the metros and methods of amstuetiun the contractor will employ: the cost and cment of labor. equipment and materials the contractor will empluv: contractors techniques' in determining prices and market conditions at the lime, and other lectors okci which SEC laws no control. Given the assumptions which must be made. SEC cannot guarantee the accuracy of his or her opinions of cost. and in reangnifion of [hilt fact, the CLIENT waives anv claim against SEC relative to the acai sit cy o SEC'S opinion of proh able construction cost. Design Information in Electronic Form Because electronic (ale information can be ensile altered, corrupted. Or modified b}' other parties, either inlcntionallp or inadcertenth without notice or indication, SEC: reserves tike right to remove itself from of its otsneiship antLor involvamem in the material front each electronic mediate not held in its possession. CLiENI shall retain topics of flie work perioneed by SEC in electronic fora only for information and use by CLIEN I for the specific purpose for which SEC was engaged. Said matci ell _;hall not be used by 6,11-NT or Iransterred to any other pomp. for use in other polices, additions to this project. or aril other purpose for which the material cons not strict' intended by' SEC without SEC's espress-eel written permission. Any unauthorized use or reuse m' modifications of this material shall be it CLIENT'S sole risk. Furthermore, the CLIENT iglus to defend, indennlfy, and hold SEC harniless Gem all claims. injuries. danhages. losses, expenses, and attomC's I'CCS arising out of fhc trod i ficaIinn or reuse of these materials. The CLIENT recognizes that designs plans. and data stored on electronic media including, bill not finned to computer disk_ magnetic tape. or files n'onsfcncd yin email. mat he subject to undelcctable alteration endlor uncontrollable deterioration. The 4F N,IT II"\ Is bf llel' a tittit ( tl\ a} 1'O knife 'votto file loleiulaicd I r n p rtnli an Plan sIY' Job st a ) ORK-U4tli39 Innc 23. 2603 pace I I of 13 U IICti I . Iherelor ,Igrccs that SEC chair nut be Iiahlc liar the cumpletcucss or n-curacy of auv materials In o\ idyl on Octal oil C aT Jia ahol a 30 da? inspection period. during uhieh time Y C shall correct any gaol's detected by the CI AEN I to comPlem the d _ wu fn accordance With the intent of the conu'acI and specilications. Alter 40 daps, al the roqucsl of the Cl fs I . SFC shall auhmil it Boat le t of scaled drax'ings, and any addiIi ono l sea ices m he Ile rIornud by SITU relative to aim submitted electronic materials shall be sit bjccr to a•par ill e AORI:IIVIItAT. Dispute Resolution In an chart aI resoke am conflicts That urine during the desiun or nmsu'uctiott or the project or blilmv-ine tile completion of the pmicd, the Consullant and CI IFN I agree that all disputes bgvvecn thenT arkine out of or relating to this AC,RCI W IVI, shatl he suhmincd Iu nonbinding Inedinkon unless the parties mutually liorce othemise. Limitation of Liabilihi I he CLIHNT agrees, to the fullest extent perntilled be less, to limit the liability of SEC and its subconsultants to the CLIEV'I for ;ms and all cl Bats, losses. costs, damages of cot, nature uheisoeNcr or claims expenses Itont any cause or causes, including "unmet; fees and costs and vegan witness lec> and costs, so that the total aggregate liabilily of SHC. and its SltbepnSllllalltS m 311 those named shall not exceed 4LC'S total fee lot scmccs rendered or this project It is intended that this limitation apply to any and idl hal"uht) or cause ofaction however alleged nr arising. unless otherwise prohibited by li m - Hazardous Materials It is ncknoo led•ged by both parties that SECS scope ul services does not include amp services related to ashesuls or hazardous or toxic materials. In the c\ cm SEC or any other party encounters aebestos or hazardous or toxic materials at the job sire, or should it become knocn in fine n'Je Thal such materals may be present at the job site or any adherent areas that ma} a[Ice[ the perlolfronce of �I C S set\ Ices. SFC nary, at its option and \vithout liabilily fm' consequential or any Other damages, suspend perRumance ofseriices on the prujad until the CLIENT relnins appropriate specialist consultantls) or contracmr(s) to identify. ahmc and 'or remove the ashesluc or hazardous or to.yic material., and warrant that the ill) site is in h,III compliance vv-nth applicable laces and regulation s. Exclusion his Ice does not include attendance at any meetings or public hearings other thin those 5pecillcalle listed ut the Scope of Carciccs. -these \cork items are conside ud extra and are billed separalch on an hourh haus- payment a. SEC. shall invoice Client monllllr for sdry weoN lencicred under the Contract. Clients obligation to make its payment to SEC. shall be tkuhin 30 days of the invoice. SIiC vwill allow it grace period of an additional 10 corking days or alter d5 days of the invoice date Without interest charge. Any outstanding balance past 45 days mill be subject m an inizrest cha me at a rate of I5"4 per month. 11' Client fails I make any payment required by the Contract beyond siztu (60) days_ SEC shall [lace no Parther obligation to perform services under the Contract and SEC ma}'_ at SEC's discretion- terminate Lhe Contract orxuspend cork. SEC will mail, the client Of the suspension of viols or the termination orthe i:Ontract. file ( S) business days before the action occurs. 5EC. at SEC's sole discretion, may resume services once ell in\-oices beyond 3(1 days are paid in full. If at any time them is an outstanding halunce of :610.0(10 nr more heyond 60 days. the Client shall make payment to SEC in all mnount cquol to the full outstanding balance. SGC has the riglu to lien the prnjed if amp Au tsouldino im-oices are not rind within nioatc (90) days of invoice submiviorl SR may require the Client to deposit a retainer with SEC to cover the cost of future cork if the Client allmvs its account to remain delinquent in excess of ninety (90) days. The obligations of (Ins poragrnph may not be vcaked and m2q only be modiued by the writtat aorecmcnl of the parties b, Any contracts less than $5,000.00. payment sill be due upon submittal of the completed vcork to the CLIFN'I'. AIi Her tnitcd l rt) od Yorkville Yorkt ille Intcgrulcd I Iamporun ion Plum �l top No ORK-1180189 June 23. 1_008 Pamoe Ilof 13 Inclement tY enlher' In the Cana of a .ub>LUmtiul 1r eathel :y>te;o 'fleeting the completion of the said plolect. SPl Ie ainc the rieht to renegotime :ulditlonal tics m coyer time needed la coutplCe the said project Su etmnia! uCaiher eondiiionv include but not limited to estnuire 11111' . high tt ind,c, snoro gicatlor than Iwo ('_) inches and ice. 'Circe Limit I hli AUkCrhlrN. I mesl he ccccuted tcithm ninelc (90) daps of the Composition dote to He acceplad under the Terms set forth heroin_ This coRO'nct shall espiie h+ o cars I! om date of asecmton. Termination 1--Ith-r pan%, has the option to tamtinmc thi3 .Agreement. In the ceem of failure b�\ the other party to perlorm in accordance tt4th the terms hereof through oo fault of dtc terminating pm - then the oblit.,ation to pnrridc (usher sert'iccs under this .ALrccment nma he terrctinaticd upon seven ifa\ s nrincn notice. ht the elent of any Termination. SEC will be paid for all ;utthori/ed scrnicc, rCodcrcd to the d;ae o! lenninutiou. � �tr Ir rvip t4 illcr r'mlt i ( u of Yolkcille i Yoti:v In orated l r 111 poustinn Plan SIC Job No YORK-(NO399 Time 23. 2010$ Page 13 tit' I ') We sincerely appreciate this opportunity to offer out services. II this AGRPEMENI' merits Your approval and acceptance. please sign both copies, retain one ( I ) copy for your riles and retwn one ( I ) to Our office . Ihis AGREEMENT is approved and accepted by the Client and Consultant upon both parties signing and dating the AGREEMENT. Work cannot begin until Sl C receives a signed agreement. The effective date ofthe AGRBLNitNl shall be the last date entered belo\n . Sincerely, SEC GROI Ill, INC. Phil L. Stuepfcrt Director of Planning, Midwest Approved by: Jason .t . Poppen Lxecutive Vice President PLS/jmk CLIENT: Accepted by : Printed/Typed Name: Ti tlo : Date: Clicnt: / ' 60R4i303g4-Yf1RICLAdnum tratrvt Agrccm nC:0803R91't apnSal062305 door. lohs?tinmh200?�9?ONXXS,%1FIASmit6 0 Ar:011nistrmiowt, o tit act iPropostd-O?03ON-g IT,duc (Actual File Location) I"Inob Department Intergovernmental Agreement €�f Tran ort °®r► 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 FEIN771N 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: June 30, 2011 $91,800 ❑ No 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: �� VA F=R-1E E) UR. � Ia -19- 0 Signature of Authorized Representative Type r in e o Authorized Representative Date FOR THE DEPARTMENT: El a le- ia ins, Chia Counsel ( p PFOYO ay to form) Richard J. Smith, Director, Planning and Programming Ann L. Schneider, Director of Finance & Administration Aw 20V 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 yourkville.il.us hereinafter called the GOVERNMENTAL BODY, and the State of Illinois, acting by and through its Department of Transportation, hereinafter called the DEPARTMENT. Part 1 Scope/Compensation/Term Part 2 General Provisions Part 3 Federally Funded Agreements Part 4 Specific Provisions Part 5 Scope of Services/Responsibilities Part 6 Compensation for Services Part 7 Agreement Award Information PART 1 SCOPE / COMPENSATION / TERM A. Scope of Services and Responsibilities. The DEPARTMENT and the GOVERNMENTAL BODY agree as specked in Part 5. B. Compensation. Compensation (if any) shall be as specified in Part 6. C. Term of Agreement The term of this Agreement shall be from execution to 0613012011:• D. Amendments. All changes to this Agreement must be mutually agreed upon by DEPARTMENT and GOVERNMENTAL BODY and be incorporated by written amendment, signed by the parties. E. Renewal. This Agreement may not be renewed. Intergovernmental Agreement Page 2 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 PART 2 GENERAL PROVISIONS A. Changes. If any circumstance or condition in this Agreement changes, GOVERNMENTAL BODY must notify the DEPARTMENT in writing within seven days. B. CompliancelGoverning 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 0 8-10 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. S. 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. 5332, 42 U.S.0 2000d and 49 CFR Part 21 , and understands that this assurance extends to its entire facility and to facilities operated in connection with the project. 2. It will promptly take the necessary actions to effectuate this assurance, including notifying the public that complaints of discrimination in the provision of transportation-related services or benefits may be filed with U.S. DOT or FTA. Upon request by U.S. DOT or FTA, the GOVERNMENTAL 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. 5332, 42 U.S.C. 2000d, and 49 CFR Part 21 to other parties involved therein including any subrecipient, transferee, third party contractor, third party subcontractor at any level, successor in interest, or any other participant in the project. 4. Should it transfer real property, structures, or improvements financed with federal assistance to another party, any deeds and instruments recording the transfer of that property shall contain a covenant running with the land assuring nondiscrimination for the period during which the property is used for a purpose for which the federal assistance is extended or for another purpose involving the provision of similar services or benefits. 5. The United States has a right to seek judicial enforcement with regard to any matter arising under the Act, regulations, and this assurance. 6. It will make any changes in its Title VI implementing procedures as U.S. DOT or FTA may request to achieve compliance with the requirements imposed by or issued pursuant to 49 U.S.C. 53323 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 Total) 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 at seq. require the following: 1 . State or local governments that receive $500,000 or more a year in federal financial assistance shall have an audit made in accordance with the Office of Management and Budget (OMB) Circular No. A-133. 2. State or local governments that receive less than $500,000 a year shall be exempt from compliance with the Act and other federal requirements. 3. Nothing in this paragraph exempts state or local governments from maintaining records of federal financial assistance or from providing access to such records to federal Agencies, as provided for in federal law or in (OMB) Circular A-133 "Audits of States, Local Governments and Non-Profit Organizations." 4. A copy of the audit report must be submitted to the DEPARTMENT within 30 days after completion of the audit, but no later than one year after the end of the GOVERNMENTAL BODY'S fiscal year. H. Drug Free Workplace. The GOVERNMENTAL BODY certifies that it will comply with the requirements of the federal Drug Free Workplace Act, 41 U.S.C.A. 702 as amended, and 49 C.F.R. Part 29, Subpart F, including Appendix C as amended. 1. 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 at 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, of 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 4220.1E, "Third Party Contracting Guidelines," and any revisions thereto, to the extent those requirements are applicable. The GOVERNMENTAL BODY certifies that it will include in its contracts financed in whole or in part with FTA assistance all clauses required by Federal laws, executive orders, or regulations, and will ensure that each subrecipient and each contractor will also include in its subagreements and its contracts financed in whole or in part with FTA assistance all applicable clauses required by Federal laws, executive orders, or regulations. L. Intelligent Transportation Systems Program. As used in this assurance, the term Intelligent Transportation Systems (ITS) project is defined to include any project that in whole or in part finances the acquisition of technologies or systems of technologies that provide or significantly contribute to the provision of one or more ITS user services as defined in the "National ITS Architecture." 1 . As provided in SAFETEA-LU Section 5307(c), 23 U.S.C. 502 note, the GOVERNMENTAL BODY assures it will comply with all applicable requirements of Section V (Regional ITS Architecture and Section VI (Project Implementation) of FTA Notice, "FTA National ITS Architecture Policy on Transit Projects," at 66 Fed. Reg. 1455 et seq., January 8, 20012 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-4246 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 at 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 at 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 at seq., related to confidentiality of alcohol and drug abuse patient records; Title VIII of the Civil Rights Act, 42 U.S.C. 3601 at 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 Boot/ 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 S. Any invoices/bills issued by the GOVERNMENTAL BODY to the DEPARTMENT pursuant to this Agreement shall be sent to the following address: Illinois Department of Transportation Bureau of Business Services Attn: Juanita Akers 2300 South Dirksen Parkway, Room 302 Intergovernmental Agreement Page 9 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 Springfield, 1162764 All invoices shall be signed by an authorized representative of the GOVERNMENTAL BODY. B. Billing and Payment. All invoices for services performed and expenses incurred by GOVERNMENTAL BODY prior to July list of each year must be presented to the DEPARTMENT no later than July 3f of that same year for payment under this Agreement. Notwithstanding any other provision of this Agreement, the DEPARTMENT shall not be obligated to make payment to GOVERNMENTAL BODY on Invoices presented after said date. Failure by GOVERNMENTAL BODY to present such invoices prior to said date may require GOVERNMENTAL BODY to seek payment of Such invoices through the Illinois Court of Claims and the Illinois General Assembly. No payments will be made for services performed prior to the effective date of this Agreement. The DEPARTMENT will send all payments to the GOVERNMENTAL BoDYs remittance address listed in this Agreement. C. Termination. If the DEPARTMENT is dissatisfied With the GOVERNMENTAL 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 BODYS obligation hereunder, without limitation and whether preliminary or final, shall become and remain the property of both DEPARTMENT and GOVERNMENTAL BODY. The DEPARTMENT shall be free to sell, give, offer or otherwise provide said software and related computer programs to any other agency, department, commission, or board of the State of Illinois, as well as any other agency, department, commission, board, or other 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 Boot 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. tG 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 6 SCOPE OF SERVIcE/RESPONSIBILITIES The Department will provide State Planning and Research (SPR) funds to the Governmental Body to conduct a Yorkville Integrated Transportation plan and Fox River Watershed. The study will address community transportation and its impact on economic opportunities, corridor development, public access and protection of the natural resources along the 20-square mile corridor encompassing Illinois Routes 34, 47, 71 and 126; Galena Road, Baseline Road, Caton Farms Road and Kennedy Road in the City of Yorkville; the Fox River and access to Interstates 1-55, 1-80 and 1-88. In order to accomplish this project, the Governmental Body will perform the following tasks: 1 . DATA COLLECTION AND ANALYSIS — The Governmental Body will collect data such as demographics, corridor statistics, traffic maps, orthophotos, land use, and other relevant information from forest district and municipalities; conduct site visits; and evaluate the corridor's present condition. 2. PUBLIC INVOLVEMENT — The Governmental Body will conduct a series of open and continuous public meetings involving local, county and state officials, businesses, land developers, property owners, forest and waterway authorities, the citizens and other Intergovernmental Agreement Page 11 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 stakeholders to present the plan, gather inputs, identify and deliberate issues and formulate a context-sensitive-solution. 3. COORDINATION AND PARTNERSHIP — The Governmental Body will coordinate with the Kendall County Highway Department and the Departments Distdct30ffice 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 $ 8100 80% DEPARTMENT STATE FUNDS $ 10,200 10% FUNDING THROUGH GOVERNMENTAL BODY 1$ 0,200 10"x° TOTAL $102,000 100% Intergovernmental Agreement Page 12 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 PART 7 AGREEMENT AWARD NOTIFICATION REQUIRED FOR ALL PROJECTS Does this project receive Federal funds? ® Yes ❑ No Amount of Federal funds: $81 ,600 Federal Project Number SPR-PL 3000(37) CFDA Number* 20.205 Federal Agency Federal Highway Administration Program Title IL Highway Planning Research Program Amount of Federal funds: $0 Federal Project Number. CFDA Number* Federal Agency Program Title Description: Yorkville Integrated Transportation Plan and Fox River Watershed *For CFDA (Catalog of Federal Domestic Assistance) Number, refer to original Federal Award/Grant Agreement. ANNUAL CERTIFICATION FOR COMPLIANCE WITH FEDERAL OMB-CIRCULAR A-133 NOTE: ANNUAL COMPLIANCE WITH THIS REQUIREMENT IS MANDATORY FOR EVERY YEAR IN WHICH THE DEPARTMENT REIMBURSES COSTS FOR THIS PROJECT TO ANY STATES, LOCAL GOVERNMENTS OR NONPROFIT ORGANIZATIONS. FAILURE TO COMPLY WITH THE ANNUAL CERTIFICATION TO THE DEPARTMENT WILL RESULT IN THE SUSPENSION OF PAYMENTS TO REIMBURSE PROJECT COSTS. In accordance with OMB Circular A-133, Audits 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 Auditors 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.BrooksOillinois.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 Blot Re�fuired I certify that _did not expend $500,000 or more in federal awards in our fiscal year and was not required to have a single audit conducted. (Signature) (Title) Subrecipient Contact Information Subrecipient: City of Yorkville Contact Person: � t'Nti'1S i liVt_Et Title: c:cv w�ylty t�� v�.Z -ZC 1' tx€'_Ecac' Address: tc6,1 Phone No. Val :,Vii-trj IL Fax No. (6, -'1 ,) ;y ?, - 313tp Fiscal Year End; Email address: {- n, lt�y T v kd llr, kkIm Intergovernmental Agreement Page 15 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 `QED C/ry Reviewed By: Agenda Item Number J� n O t All n Legal ❑ I��.U�, 1', c;iN1 ESL A Finance F1 1e36 1 Engineer ❑ Tracking Number < rn City Administrator ❑ O a:k O Consultant El EDC 2008-29 9�1, ?� BKFD ■ Agenda Item Summary Memo Title: Amendment to Ordinance 2005-11 —Building Code Section 503.1.5 Meeting and Date: EDC/July 3, 2008 Synopsis: Amendment to remove three story restriction for frame structures Council Action Previously Taken: Date of Action: February 8,2005 Action Taken: Amendment to 2000 International Building Code regarding building height and construction type Item Number: Type of Vote Required: majority Council Action Requested: Approval of amendment Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: Amendment to the International Building Code was made by the City of Yorkville to require four story buildings to be of Type I (noncombustible construction only) construction. This amendment was made due to the limitations of the Bristol Kendall Fire Department based on the lack of proper fire equipment at that time to protect a building over three stories in height. Since 2005, BKFD has acquired the proper equipment and the need for this amendment no longer exists. The City Building Department has recently received an application for a four story building (Hampton Inn) which would prefer to avoid constructing a building of Type I construction. Staff researched the amendment and presented the proposed amendment to the BKFD June 19, 2008—BKFD supported the proposed amendment to 2005-11. DRAFT STATE OF ILLINOIS COUNTY OF KENDALL AN ORDINANCE AMENDING ORDINANCE NO. 2005-11 ORDINANCE NO. 2008-. BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORK.VILLE as follows: Section 1. Whereas Ordinance No. 2005-11 amended the International Building Code (2000 Edition) and the International Fire Code (2000 Edition), published by the International Code Council, Inc.; and whereas, the Mayor and City Council, have, after careful consideration, determined it to be in the best interests of the United City of Yorkville to further refine the changes made by Ordinance No. 2005-11 ; now, therefore, the United City of Yorkville hereby revises only the following text of Ordinance No. 2005-11 , with all other text remaining as previously adopted. Section 2. The following section of the International Building Code (2000 Edition) is hereby revised or added: Delete: Section 503.1.5 Four-, five-, and six-story buildings. Regardless of use, all four-story, five-story, or six-story buildings shall be of noncombustible construction only (Type I) and shall be in accordance with Section 403 and the International Fire Code. Insert: Section 503.1.5 Four-, five-, and six-story buildings. Regardless of use, all four-story buildings shall be of Type IIIA, Type IV, or Type VA construction; and five-story or six-story buildings shall be Type I or Type II construction in accordance with Table 601 and the International Fire Code. (Section 503.1.5.1 Maximum height remains the same.) Section 4. That nothing in this ordinance or in the International Building Code or International Fire Code hereby modified shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 2 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this ordinance. Section 5. That the City Clerk shall certify to the adoption of this ordinance, and cause the same to be published as required by law. DRAFT Section 6. That this ordinance and the rules regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect, and be in full force and effect after its passage and approval by the Mayor and City Council, as required by law. i IN WITNESS WHEREOF, this Ordinance has been enacted this _' ' day of June, 2008. WALLY WERDERICH MARTY MUNNS I ROBYN SUTCLIFF I ARDEN JOSEPH PLOCHER ROSE SPEARS GARY GOLINSKI JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _th day of June, A.D. 2008. Valerie Burd MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this _th day of June, A.D. 2008. Attest: Jacquelyn Milschewski CITY CLERK `QED CST f Reviewed By: Agenda Item Number ESL AiAin ■ ',lr.��i ;t , _ t� m 1836 Finance ❑ Engineer ■ Tracking Number 0 City Administrator F1�l :e o 9 �O Consultant ❑ 1 i �C < E Eby` F-1 G Agenda Item Summary Memo Title: Pulte(Autumn Creek Subdivision)Water Main and Sanitary Sewer Recapture Agreements Meeting and Date: EDC/3-414 3,2008 Synopsis: Council Action Previously Taken: Date of Action: April 12, 2005 Action Taken: Annexation Agreement Approval Item Number: Type of Vote Required: majority Council Action Requested: Approval of Water Main and Sanitary Sewer Recapture Agreements Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report Memorandum aZ To: EDC ESI 1836 From: Travis Miller CC: Lisa Pickering (for distribution) Date: May 29, 2008 Subject: Autumn Creek Subdivision — Water Main and Sanitary Sewer Recanture/Recovery Agreements The Pulte (Autumn Creek) Annexation Agreement Section 18 states: • Any public improvements installed by Pulte benefiting another property, even if not oversized, is eligible for recapture. Water Main Recapture Agreement - This water main recapture request is for expenses for an off-site water main installed by Pulte across the Grande Reserve subdivision - The request is for payment from the City in the form of water connection fee credits to recover an expense of $ 192,643 .70. - The water connection fees established in the Pulte Annexation Agreement (Exhibit G) are as follows: • Water connection fees: • SF = $2,660 • attached TH $2,280 • SF left to build (as of 4/08) = 272 (272*2,660 = $723,520) • TH left to build (as of 4/08) = 170 (170*2,280 = $387,600) - Recovery agreement as proposed by Pulte suggests 50% credit of Pulte water connection fees (SF $1 ,330 and TH $1 ,140). - MPI's consent to this recapture agreement is necessary to reflect MPI acknowledgement of 50% of these fees going to Pulte until the $ 192,643.70 amount is paid. Fees collected beyond that would go to MPI until their costs for water infrastructure is paid (as obligated to in the Grande Reserve Annexation Agreement). The MPI Recovery/Recapture agreement is currently being negotiated/drafted. - Pulte requested to remove the 20 year term — staff doesn't recommend — this is in the draft agreement (exhibit K) of the Autumn Creek annexation agreement and typical language in most recapture agreements. Sewer Recapture/Recovery - The Sanitary Sewer Recapture request is for on-site improvements that benefit other properties. - The credit for 190 permits covers the obligation (section 18) to fund the portion of the sewer constructed on the Hamman property; - The `county residential' consists of 53 lots within an existing unincorporated subdivision — The intention is not to force these properties to pay recapture unless they choose to connect (or are required by the County health department in the event of a septic system failure) Autumn Creek Pulte Home Corporation Grande Reserve Water Main Recovery RECOVERY AGREEMENT THIS RECOVERY AGREEMENT ("Agreement"), is made and entered as of the _ day of 200_, by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation ("CITY") and Pulte Home Corporation ("PULTE"). RECITALS: A. PULTE is the OWNER and DEVELOPER of that certain real estate development located within the corporate limits of the CITY and commonly known as Autumn Creek. B. PULTE and the CITY have entered into that certain Annexation Agreement dated April 12, 2005 ("Autumn Creek Annexation Agreement") pertaining to the annexation and development of the Autumn Creek Subdivision within the CITY. C. Aforementioned Annexation Agreement allows for PULTE to be recovered for public improvements benefiting another property and deemed eligible. D. PULTE constructed a certain off-site water main upon the Grande Reserve Subdivision at a cost of $ 192,643 .70. E. PULTE and the CITY recognize that the Autumn Creek Subdivision is also subject to a water recapture to the benefit of MPI, Developer of Grande Reserve ("MPI Recapture") F. PULTE and the CITY are desirous of entering into this Agreement to provide for the fair and allocable recovery by PULTE of the costs of the aforementioned water main in coordination with the MPI Recapture, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the parties hereby agree as follows: 1 . RECOVERABLE ITEMS and COSTS. The Recovery Items, being elements of the public improvements have been constructed off-site, by PULTE as a part of the development of the Autumn Creek Subdivision and include engineering, crop damage expenses, silt fence, and construction costs for a segment of the Grande Reserve water main. The Recovery Costs are as follows: Work Item Pulte Costs En ineerin $43625.00 Cro s $13425.00 Silt Fence $4,025.00 Construction $182,568.70 Total $192,643.70 2. PAYMENT OF RECOVERY COSTS. The CITY shall credit to PULTE, or such other person or entity as PULTE may direct by written notice to the CITY, as follows: PULTE will receive 50% reduction for Water Connection Fees, due and payable to PULTE at time of building permit payment for units in Autumn Creek subdivision. The 50% reduction will be in the amount of $ 1 ,330 for single family detached units and $ 1 , 140 for attached units. Accumulation of credits to be applied to reimbursement of recovery costs will commence at the date of this Agreement and continue until Pulte has received fee reductions in a total amount of 192,642.70 or the term as described by Section 5 of this Agreement requires. It is understood and agreed that the CITY's obligation to reimburse PULTE shall be limited to funds collected from the building permit payments as provided herein, and credits made hereunder shall be made solely out of said funds. This Agreement shall not be construed as creating any obligation upon the CITY to make payments from its general corporate funds or revenue. 3. CITY'S OBLIGATION. Neither the CITY nor any of its officials shall be liable in any manner for the failure to make such reductions, and PULTE agrees to hold the CITY, its officers, employees and agents, harmless from the failure to reduce said fees. 4. CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in this Agreement shall limit or in any way affect the rights of the CITY to collect other fees and charges pursuant to CITY ordinances, resolutions, motions and policies. 5. TERM. This Agreement shall remain in full force and effect for a term for the earlier of payment of credits as itemized in paragraph 1 of this Agreement or for a term of twenty (20) years from the date hereof, unless sooner terminated by the mutual agreement of the parties hereto or by the completion of all duties to be performed hereunder. 7. MISCELLANEOUS PROVISIONS. A. Agreement: This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements. B. Binding Effect: Except as otherwise herein provided, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of DEVELOPER and any successor municipal corporation of the CITY. C. Enforcement: Each parry to this Agreement, and their respective successors and assigns, may either in law or in equity, by suit, action, mandamus, or other proceeding in force and compel performance of this Agreement. D. Recordation: A true and correct copy of this Agreement shall be recorded with the Kendall County Recorder's office. E. Notices: Any notice required or desired to be given under this Agreement, unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery, on the date of confirmed telefacsimile transmission provided a hard copy of such notice is deposited in the U.S. mail addressed to the recipient within twenty-four hours following the telefacsimile transmission, or on the date when deposited in the U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: If to CITY: United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville, I160560 Fax: (630) 553-7575 with a copy attention to Kathleen Field Orr, City Attorney 800 Game Farm Road Yorkville, I160560 Fax: (630) 553-7575 If to PULTE: Jason Polakow Pulte Home Corporation 1901 N. Roselle Road, Suite 1000 Schaumburg, Illinois 60195 Fax: (847) 230-5434 F. Severability: The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefited Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. G. Complete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement, regarding the subject matter of this Agreement shall be deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. H. Captions and Paragraph Headings: Captions and paragraph headings incorporated herein are for convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof. I. Recitals and Exhibits: The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof. J. Enforceability: This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the date first above written. Pulte Home Corporation: CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: By: Mayor Title: President Attest: Dated: CITY Clerk EXHIBITS: A Benefited Area/Owners B MPI Letter of Consent /acknowledgement Note: this letter should state "MPI hereby agrees that the foregoing fee reduction to PULTE for purposes of reimbursing PULTE for the improvements made to the offsite water main is in lieu of the City's obligation to MPI to construct same offsite water main which was not constructed by MPI as originally contemplated pursuant to MPI Agreement." Autumn Creek Sanitary Sewer Interceptor Improvement RECAPTURE/RECOVERY AGREEMENT THIS RECAPTURE/RECOVERY AGREEMENT ("Agreement'), is made and entered as of the _ day of 200, by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation ("CITY") and Pulte Home Corporation ("DEVELOPER"). RECITALS: A. Pulte Home Corporation is the OWNER and DEVELOPER of that certain real estate development located within the corporate limits of the CITY and commonly known as Autumn Creek Subdivision. B. The DEVELOPER and the CITY have heretofore entered into that certain Annexation Agreement dated April 12, 2005 ("Autumn Creek Annexation Agreement') pertaining to the annexation and development of the Autumn Creek Subdivision within the CITY. C. The DEVELOPER desires to recapture an allocable share of the costs of constructing a certain part of the public improvements for the Subdivision ('Recapture Items") which will provide benefit to other properties ('Benefited Properties") from the OWNERs of the Benefited Properties ('Benefited OWNERs"). D. The DEVELOPER and the CITY are desirous of entering into this Agreement to provide for the fair and allocable recapture by the DEVELOPER of the proportionate costs of the Recapture Items from the Benefited OWNERS, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the parties hereby agree as follows: 1 . RECAPTURE ITEMS. The Recapture Items, being elements of the public improvements have been constructed as a part of the development of the Subdivision and include engineering, crop damage expenses, silt fence, soil borings and construction costs for the sanitary sewer interceptor segment. The Recapture Items are as follows: Work Item Pulte Costs Engineering $29,793.00 Crops $4,930.00 Silt Fence/Straw Bales $8,925.00 Soil Borings $8,615.25 Sanitary Sewer Interce or $6392447.02 Totals $691 ,710.27 2. BENEFITED PROPERTIES. The Benefited Area is depicted and the Benefited Properties are legally described and attached hereto as Attachment "A". Each parcel of real estate contained within the Benefited Properties is referred to herein individually as a 'Benefited Parcel". 3. RECAPTURE COSTS. The Recapture Item(s) which the Corporate Authorities of the CITY have determined will benefit a Benefited Parcel, and the prorata share of the Estimated Cost of each such Recapture Item to be allocated to such Benefited Parcel are set forth in the Recapture Schedule based on the estimated population equivalent (PE) as follows: Property Area PE Remarks Cost 10 PE/acre minus 40 acre Hamman Pro a 181 1410 pond $3793720.26 Reek Property 10 7 2 SF Homes $1 ,885.14 Grande Reserve 165 966 276 SF Lots $260, 148.77 County Residential 46 185.5 53 SF Lots $49,956.10 Totals 402 2568.5 $691 ,710.27 The aggregate amount of the proportionate share of the Estimated Cost for each of the Recapture Items allocable to a Benefited Parcel is referred to herein as the "Recapture Costs". The Recapture Costs for each of the Benefited Parcels shall be as identified in the Recapture Schedule. 4. COLLECTION OF RECAPTURE COSTS. a. Reek Property and Grande Reserve: The CITY shall assess against and collect from the Benefited OWNER of the Reck Property and Grande Reserve, or any portion thereof, or such successors and assigns, the Recapture Cost, calculated under Paragraph 3 of this Agreement for such Benefited Parcel, at such time as a Benefited OWNER, or its agent or representative, subdivides a Benefited Parcel, or any portion thereof, or subdivides the Benefited Parcel from a larger parcel of land, or applies to the CITY for issuance of a permit for connection to all or any of the Recapture Items, whichever shall first occur. The CITY shall collect from such Benefited OWNER, or its agent or representative, the applicable Recapture Costs, owed hereunder by such Benefited Parcel. No Benefited Parcel which is a part of a subdivision (whether by plat or division by deed) shall be approved or recognized by the CITY or be issued a connection permit to a Recapture Item by the CITY until such Benefited Parcel has fully paid the applicable Recapture Costs, owed by such Benefited Parcel under this Agreement. b. Harriman Property: The CITY shall waive the Sewer Connection Fee for 190 permits in the amount of $2000.00 each for each lot within the Autumn Creek Subdivision commencing at the date of this Agreement as reimbursement for that portion of the recapture cost attributable to the Harriman property and advanced by PULTE. c. County Residential: The City shall assess against and collect from the Benefited OWNER of a Benefited Parcel within the County Residential the Recapture Cost of $942.57 for each lot in said County Residential subdivision at the time said Owner connects to the sanitary sewer system. 5. PAYMENT OF RECAPTURE COSTS. Any Recapture Costs, collected by the CITY pursuant to this Agreement shall be paid to DEVELOPER, or such other person or entity as DEVELOPER may direct by written notice to the CITY, within thirty (30) days following collection thereof by the CITY. It is understood and agreed that the CITY's obligation to reimburse DEVELOPER shall be limited to funds collected from the Benefited OWNERS as provided herein, and payments made hereunder shall be made solely out of said funds. This Agreement shall not be construed as creating any obligation upon the CITY to make payments. 6. CITY'S OBLIGATION. The CITY and its officers, employees and agents shall make all reasonable efforts to make the aforesaid collections of the Recapture Costs, for each Benefited Parcel. Neither the CITY nor any of its officials shall be liable in any manner for the failure to make such collections, and DEVELOPER agrees to hold the CITY, its officers, employees and agents, harmless from the failure to collect said fees. In any event, however, DEVELOPER and/or the CITY may sue any Benefited OWNER owing any Recapture Costs, hereunder for collection thereof, and in the event DEVELOPER initiates a collection lawsuit, the CITY agrees to cooperate in DEVELOPER's collection attempts hereunder by allowing full and free access to the CITY's books and records pertaining to the subdivision and/or development of the Benefited Parcel and the collection of any Recapture Costs therefore. In the event the CITY and any of its agents, officers or employees is made a party defendant in any litigation rising out of or resulting from this Agreement, DEVELOPER shall defend such litigation, including the interest of the CITY, and shall further release and hold the CITY harmless from any judgment entered against DEVELOPER and/or the CITY and shall further indemnify the CITY from any loss resulting therefrom, except to the extent such loss results from the grossly negligent or willfully wrongful act or conduct of the CITY or any of its agents, officers or employees. 7. CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in this Agreement shall limit or in any way affect the rights of the CITY to collect other fees and charges pursuant to CITY ordinances, resolutions, motions and policies. The Recapture Costs provided for herein for each Benefited Parcel is in addition to such other CITY fees and charges. 8. TERM. This Agreement shall remain in full force and effect for a period of twenty (20) years from the date hereof, unless sooner terminated by the mutual agreement of the parties hereto or by the completion of all duties to be performed hereunder. In the event no portion of a Benefited Parcel is a part of a subdivision approved or recognized by the CITY and no connection permit as aforesaid is issued by the CITY for such Benefited Parcel within ten years following the date of this Agreement, this Agreement, and each and every duty and undertaking set forth herein pertaining to such Benefited Parcel, shall become null and void and of no further force and effect as to such Benefited Parcel. 9. MISCELLANEOUS PROVISIONS. A. Agreement: This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements and without the consent of any other person or corporation owning all or any portion of the Benefited Properties. B. Binding_Effect: Except as otherwise herein provided, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of DEVELOPER and any successor municipal corporation of the CITY. C. Enforcement: Each party to this Agreement, and their respective successors and assigns, may either in law or in equity, by suit, action, mandamus, or other proceeding in force and compel performance of this Agreement. D. Recordation: A true and correct copy of this Agreement shall be recorded with the Kendall County Recorder's office. E. Notices: Any notice required or desired to be given under this Agreement, unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery, on the date of confirmed telefacsimile transmission provided a hard copy of such notice is deposited in the U.S. mail addressed to the recipient within twenty-four hours following the telefacsimile transmission, or on the date when deposited in the U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: If to CITY: United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville, I160560 Fax: (630) 553-7575 with a copy attention to: Kathleen Field Orr, City Attorney 800 Game Farm Road Yorkville, I160560 Fax: (630) 553-7575 If to PULTE: Jason Polakow Pulte Home Corporation 1901 N. Roselle Road, Suite 1000 Schaumburg, Illinois 60195 Fax: (847) 230-5434 F. Severability: The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefited Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. G. Complete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement, regarding the subject matter of this Agreement shall be deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. H. Captions and Paragraph Headings: Captions and paragraph headings incorporated herein are for convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof. 1. Recitals and Exhibits: The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof. J. Enforceability: This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the date first above written. Pulte Home Corporation: CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: By: Mayor Title: President Attest: Dated: CITY Clerk