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Park Board Packet 2008 07-24-08 YORKVIL,L,E PANICS & RECREATION ION DEPAR'I"MENT Administration and Recreation Office 201 W. Hydraulic St Yorkville, IL 60560 630-553-4357 Park Board Agenda Thursday, ,July 24, 2008 7: 00 p.m. -- Park Board Meeting Administration and Recreation Office Call to Order: Roll Call: Chris Rollins, Ken Koch, Debbie Horaz, Kelly Sedgwick, Vickie Coveny, Garrick Gillette Introduction of Guests, City Officials and Staff: Joe Plocher, Ward 2 Alderman, City Council Liaison to Park Board Director of Parks and Recreation — David Mogle Superintendent of Recreation — Sue Swithin Superintendent of Parks — Scott Sleezer Park Designer — Laura Haake Public Comment: Presentations : Approval of Minutes : Minutes — Park Board Meeting — July 10, 2008* Bills Review: Cash Analysis* Bill List* Old Business: Fox Hills Disc Golf Report and Policy Proposal* REC Center Capital Improvement (quote —Flooring* REC Center- List of Capital Improvements To Date Hoover Agreement Update New Business: Grande Reserve Park B - Easement Agreement with ComED* Park Naming Request* Park Rental Waiver Request* Reports : Director Report Parks Report Recreation Report Additional Business : Code Blue Program Future Meeting Schedule & Agenda Items Executive Session : For the purchase or lease of real property for the use of the public body Adjournment: Next meeting : August 14, 2008 *items needing Board approval or recommendation Yorkville Parks & Recreation Department Administration and Recreation Office 201 W. Hydraulic St Yorkville, at_ 60550 530-553- 4357 Park Board Agenda Thursday, July 10 , 2008 7 : 00 p . m . - Park Board Meeting Administration and Recreation Office Call to Order: Rollins called to order at : 7 : 05 pm Roll Call : Chris Rollins-Yes, Debbie Horaz-Yes, Kelly Sedgwick-Yes, &. Garrick Gillette-Yes Vickie Coveny (arrived 7 : 11) & Ken Koch (arrived 9 : 27 pm) Introduction of Guests, City Officials and Staff: Joe Plocher, Ward 2 Alderman , City Council Liaison to Park Board (arrived at 9 : 20 pm) Director of Parks and Recreation - David Mogle (arrived 7 : 45 pm ) Superintendent of Recreation - Sue Swithin Superintendent of Parks - Scott Sleezer Alderman Gary Golinski, Ward 2 Alderman (arrived 9 : 31 pm ) Alderman Wally Werderich , Ward 1 Alderman (Arrived 9 : 36 pm) Public Comment: None Presentations: None Approval of Minutes: Minutes - Park Board Meeting - June 26, 2008 * Amendment made on page one, third paragraph under public comment, last sentence should actually read : He thought that removing the two holes was extreme . Second amendment on page four, fourth paragraph down, under the Hattner Annexation Agreement section , the second sentence should say 47 not 147. With amendments made Chris Rollins asked for a motion to approve the minutes of the June 26th Park Board Meeting . Deb Horaz made the motion and Kelly Sedgwick seconded the motion . The motion was unanimously approved by voice vote . Bills Review: Cash Analysis & Bills List 1 Chris Rollins asked if there were any questions on the cash analysis and bills list and with there being none he asked for a motion to approve . Kelly Sedgwick made the motion to approve and Garrick Gillette seconded the motion . The motion was approved by roll call : Chris Rollins-Yes, Debbie Horaz-Yes, Kelly Sedgwick-Yes, Garrick Gillette-Yes & Vickie Coveny-Yes Old Business° Bristol Bay Park* Sleezer said there is not a revised plan however the residents were concerned that there was not going to be baseball or access to baseball . Rollins wanted to send a letter to the homeowners association letting them know they were not putting baseball fields in this park because it is designed for soccer however there are baseball fields within walking distance of their neighborhood for pickup play. The fields in the neighborhood are at the school and at the park adjacent from the firehouse . Fox Hills Disc Golf Scott Sleezer reported that Mr. Ralston still wanted the holes by his residence removed and still wanted his concerns to go to the Administration Committee . Sleezer said that they could move the tee box away from Mr. Ralston 's home down into the bottom of the detention area somewhat northeast from where it was now . Rollins felt that they've done a good job of taking care of the residences litigations . The board reviewed the disc golf map and Rollins noted all holes are throwing away from residences properties . Sleezer said Oswego's course doesn 't have their rules posted . He said if they put up a sign it should only have a couple rules posted . He felt it should say no alcohol and no tournament play but not league play . Rollins felt for tournament or league play it should say to contact the Park Board . He felt that at least puts people on notice . Sleezer wanted the rule sign to also say play ends at dusk. Rollins noted that in State Parks post rules and regulations . Sedgwick wanted an endnote that would say please respect the neighbors and their property. He also thought putting a few sets of discs here so people could rent or put a deposit down to get them would help promote the sport. Deb asked if we were still going to plant anything . Sleezer said moving the tee box should take care of the problem therefore not needing to plant anything . REC Center Progress Report Sue reported that things were going well and members were real positive . She's training an employee on the new software and said there is a lot of technology that is involved with the new center. The phone system is up and 2 the computers are up and running . Sue hoped in two months every member would be in the new system . She reported that this last weekend she had hired two people . Others have come and they cleaned twelve showers, four floors of locker rooms, pool deck and re-grouted the entire whirlpool in three days . People are already talking about how nice it is . They are doing a lot of tours and talking up all the new improvements that will be taking place . Sue said she had received a bid from a Company out in Romeoville called, Aqua Pure . She said they have been in business for twenty some years and she would be getting recommendations from them in what needs to get things up to 2009 where things needed to be . This company will get us up and rolling on the pool ; then we'll need a certified pool operator she said, after we operate the pool for a year with them . Next she reported that they had begun the remodeling in Unit D . She said that Ron 's brother started opening the walls so the nursery can be put in there . She said that it's done and we're ready to move toys into the room . In the preschool room she said we would remove the three knee walls and VCT the would be laid down on the floor with a piece of carpet to be laid in the corner for kids to sit on for library time. Top Gun is the company that Ron's brother owns and he had given the quote and was willing to do it for cost. The bid includes getting the walls knocked down , installation of a sink, and getting the room ready to paint for $900. Sue passed out the estimates . Next estimate Sue hands out is for a sink on the south wall , The director wanted a sink and counter top to have a cleaner area to prepare food . She is asking for approvals from the board on these estimates . Rollins asked what the budget was for the rehab with the preschool . Mogle said that it comes out of the $ 100 , 000 . Rollins wanted a running total coming out of the $ 100, 000 budget. Sue said she could lay that out and bring that to the next meeting to show where the money is being spent. She has a prioritized list and said she'd bring that back to the board along with a list of what will need to be done . She said the pool , unit D, and signage is the main concern right now. She said we would have to decide what would have to wait. Sue then passes out the quote for signage. She said this recommendation is for the building's main sign for $6,723 . The next one is to replace the panel for the street sign on Rt. 47. She noted that they would be leaving the sign where it is for now. It would be $ 1108 to change the face panel for that sign . It would cost $500 or less for an insert of on the street sign . She said that Aurora sign was more expensive and all bids were all LED signs. 3 Sue noted that the front of the building would get painted when the old letters came down . Rollins wanted to see our Parks and Recreation symbol on the building . After some discussion the board decided they should .just keep the Parks and Recreation Logo and create a marquee out of that rather than have a second panel on the other side of the building that says Rec Center. That way it looks nicer with one panel on the right. After some discussion they will drop " department" from the main sign . Sue stating the large letters would be blue and small letters would be green . Rollins asked for a unanimous consent of the three expenditures for the demolition of the preschool room at an estimated amount of $900, for the installment of the sink, plumbing , counter top, and cabinet in the preschool room for an estimate of $3080 and for signage for the front of the building for an estimate of $8300 pending compatibility with City Signage Ordinance. Rollins asked for a unanimous consent the motion was unanimously approved by voice vote . Hoover Agreement Update Dave Mogle reported that the Mayor said that we should not be straying from the original agreement, which included Exhibit C, the Shoppe Design . Mogle said we talked about a lighted facility, for example, that was part of the original agreement. The Forest Preserve said they had concerns that we be mindful of and ask us to shift some of the original footprint. The Major is looking for the Parks Boards thoughts on this . Mogle said no matter what there is going to be a lot of give and take to get an agreement and then implementing the plan will also be a lot of give and take . He said we want to work with them but we need to stand our ground on not taking anything out of the original plan . We are will to move things around but we are not willing to take anything out such as the lights . Deb felt that if the lights were closer to Fox Road they shouldn't be a problem . Mogle said there needs to be flexibility in this plan . The lights will be five to ten years down the road , Sleezer said . Rollins noted their main lodge building . They wanted to expand on the building already there and it's close to all of our active recreation sports he said . He felt that they wanted a grand entrance into this place and they want the grand entrance to be this building . He said if this is true they should have shared this idea with us . Rollins felt that we should craft some language that says we can make any usual and customary recreational use out of this property that we want because otherwise we'll be locked into someone's conception on what we should be doing on what we are leasing . We have to come to some kind of an agreement and we can 't predict what recreation trends are going to be . This was our previous agreement and we're not holding them to the letter of it but the spirit of it. 4 Rollins wanted to talk about the original agreement crafted around the notion that there were going to be some financial tradeoffs. If they annexed into the city they would get city water, city sewer and city policing , Now he felt we should separate these two concepts and take a different view on the relationship . If they decide against the city services and not annex in then that's their decision but we have to take a different view of our participation out there . Now it is landlord tenate relationship and the trade off is if you want to let your customers use our leased space then you have to make some recognition of the value of that. So if you want every county resident to use the active recreational space, which we lease, we occupy and we develop and control then you have to assign value to that. Regardless of what happens with the water, sewer and police because they will have to do all that. Rollins said we should talk about the land use and they need to make up their mind on what they are going to let us use and we need to make up our minds on what we are willing to use. If they don 't want to be partners but our landlords then we have to let them know what standards we need and what improvements need to be made and let them carry insurances . Rollins wanted to talk about land use . Mogle pointed out what we were willing to move around . Rollins said that we are objecting to the widely separated spaces because it will hamper our maintenance issues. We need to know how much space we're getting and can we survey this land . Then and only then we can talk about usage in these spaces . We will start on the general agreement on what we do with the space. We need to work towards getting solutions not just getting a no you cannot have trails or lights or a recreation center etc. We want to know why they don 't want certain things, We both have surveyors and once we've planned out the land then we can move on with what we plan on doing . We're not going to negotiate these things. Rollins said separated spaces are not workable and manageable . We roughly need 75 to 80 acres and we need to know what we are going to get and it has to be a continuous area and it has to be land that won 't take much to grade out, said Sleezer, Kelly said that both boards should bring up their plans with the City residents, This would give us a chance to let the residence know we are working on this. Rollins said that we should show the residence our time line and bring in a nonbiased moderator that way no one is stepping on anyone's toes. Rollins said that we need to let the forest preserve know their grants are at stake if they aren 't willing to work with us . Deb said that they caused us to miss two grant cycles. Mogle summarizes with what was discussed . He said we would not accept wildly separated spaces, we want to know what our, acreage is and what is our flexibility is in that acreage . The acreage is the biggest issue the board 5 agreed on . Mogle said he'd take this back to Jason and to take to his board . Rollins said we need to let their board know too that their lease agreement will not be signed either. Before we get to a basic lease agreement we need to work out these other issues we have. New Business : Park Naming Request* Mogle stated that Autumn Creek Park is a transportation theme park and needs a name . The shelter in the park looks like a gas station , he said . The sign on it says Green 's Filling Station , Mogle said he found out about the filling station and its history. He noted that the Greens had owned it since 1967. They operated it up until 1989 . He said they want to call it Green park because the historical aspect of it. It's a Yorkville landmark and thought we'd recognize that. He also noted the park was almost completed . With some discussion the Board thought that they should tie station somehow into the name . Deb recommended Green's Filling Station Park. Rollins asked if there will be a historical marker in the park and Mogle said that yes there would be. Rollins asked for boards unanimously consent to name the park Green 's Filling Station Park . The board unanimously agrees . Reports : None Additional Business : Scott mentioned some vandalism had taken place at Bridge Park. He said that he was looking into what a camera would cost to put out there . Adjournment: Rollins asked for a motion to adjourn the meeting at 10 : 30 pm . Horaz made the motion and Sedgwick seconded the motion . Next meeting : July 24, 2008 Minutes Respectfully Submitted by: Jamie Cheatham 6 DATE . 07 / 17 / 06 UNITED CITY OF YORKVILLE PAGE . 1 TIME : 1 4 . 32 : 19 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 07 / 24 / 2008 INVOICE 4 INVOICE ITEM VENDOR #: DATE ;I DESCRIPTION ACCOUNT rt P . O . ,. DUE DATE ITEM AMT AAREN AAREN PEST CONTROL 10464 06 / 06 / 08 01 PEST TREATMENT 79 - 650 - 62 - 00 - 5408 07 / 24 / 08 145 . 00 MAINTENANCE SUPPLIES INVOICE TOTAL . 145 . 00 VENDOR TOTAL . 145 . 00 ACTION ACTION GRAPHIX LTD 2254 06 / 18 / 08 01 POLES 79 - 610 - 65 - 00 - 5804 07 / 24 / 08 101 . 00 OPERATING SUPPLIES INVOICE TOTAL : 101 . 00 VENDOR TOTAL . 101 . 00 AMERICEC AMERICAN ICE COMPANY 5048 06 /27 / 08 01 ICE 79 - 650 - 65 - 00 - 5803 07 / 24 / 08 190 . 00 PROGRAM EXPENSES INVOICE TOTAL : 190 . 00 VENDOR TOTAL . 190 . 00 AQUAPURE AQUA PURE ENTERPRISES , INC . 55684 06 / 28 / 08 01 POOL CHEMICALS 80 - 000 - 62 - 00 - 5434 00404368 07 / 24 / 08 1 , 803 . 41 POOL SUPPLIES INVOICE TOTAL . 1 . 803 . 41 VENDOR TOTAL . 1 . 803 . 41 ARAMARK ARAMARK UNIFORM SERVICES 610 - 6272909 - PR 05 / 27 / 08 01 UNIFORMS 79 - 610 - 62 - 00 - 5421 07 /24 / 08 39 . 20 WEARING APPAREL INVOICE TOTAL . 39 . 20 610 - 6278790 - PR 06 / 03 / 08 01 UNIFORMS 79 - 610 - 62 - 00 - 5421 07 /24 / 08 39 . 20 WEARING APPAREL INVOICE TOTAL . 39 . 20 DATE . 07 / 17 / 08 UNITED CITY OF YORKVILLE PAGE . 2 TIME : 14 : 32 : 19 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 07 /24 /2008 INVOICE #: INVOICE ITEM VENDOR ## DATE ## DESCRIPTION ACCOUNT n P . O . ## DUE DATE ITEM AMT ARAMARK ARAMARK UNIFORM SERVICES 610 - 6296749 06 / 24 / 08 01 UNIFORMS 79 - 610 - 62 - 00 - 5421 07 / 24 / 08 39 . 20 WEARING APPAREL INVOICE TOTAL . 39 . 20 610 - 6302603 07 / 01 / 08 01 UNIFORMS 79 - 610 - 62 - 00 - 5421 07 / 24 / 08 39 . 20 WEARING APPAREL INVOICE TOTAL : 39 . 20 610 - 6308653 07 / 08 / 08 01 UNIFORMS 79 - 610 - 62 - 00 - 5421 07 / 24 / 08 39 . 20 WEARING APPAREL INVOICE TOTAL . 39 . 20 VENDOR TOTAL : 196 . 00 ATTLONG AT&T LONG DISTANCE 828932136 - 0708 - PR 07 / 16 / 08 01 MONTHLY CHARGES 79 - 650 - 62 - 00 - 5437 07 / 24 / 08 35 . 84 TELEPHONE/ INTERNET INVOICE TOTAL . 35 . 84 VENDOR TOTAL . 35 . 84 BASSSCHU BASS /SCHULER ENTERTAINMENT 082908 07 / 10 / 08 01 JOHMMY RUSSLER & BEACH BUM 79 - 650 - 65 - 00 - 5833 00404376 07 / 24 / 08 2 , 500 . 00 HOMETOWN DAYS EXPENSES 02 BAND * * COMMENT * * INVOICE TOTAL : 2 , 500 . 00 083008 07 / 10 / 08 01 MIKE & JOE BAND 79 - 650 - 65 - 00 - 5833 00404377 07 / 24 / 08 4 , 000 . 00 HOMETOWN DAYS EXPENSES INVOICE TOTAL . 4 , 000 . 00 VENDOR TOTAL : 6 , 500 . 00 BOBBGBLU TONY J . MEDINA 082908 07 / 15 / 08 01 BOBBY G BLUES BAND 79 - 650 - 65 - 00 - 5833 07 / 24 / 08 500 . 00 HOMETOWN DAYS EXPENSES INVOICE TOTAL : 500 . 00 VENDOR TOTAL . 500 . 00 DATE . 07 / 17 / 08 UNITED CITY OF YORKVILLE PAGE . 3 TIME . 14 . 32 : 19 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 24 / 2008 INVOICE It INVOICE ITEM VENDOR 4 DATE n DESCRIPTION ACCOUNT 4 P . O . a st DUE DATE ITEht AMT BURRIS BURRIS EQUIPMENT CO . PS35730 05 / 22 / 08 01 PARTS COUNTER 79 - 610 - 62 - 00 - 5408 07 /24 / 08 309 . 32 MAINTENANCE - EQUIPMENT INVOICE TOTAL . 309 . 32 PS36109 06 / 05 / 08 01 PARTS COUNTER 79 - 610 - 62 - 00 - 5408 07 / 24 / 08 231 . 53 MAINTENANCE - EQUIPMENT INVOICE TOTAL : 231 . 53 VENDOR TOTAL . 540 . 85 CAROUSEL HARRY WARNER 083108 07 / 15 / 08 01 CAR SHOW MUSIC DJ 79 - 650 - 65 - 00 - 5833 07 / 24 / 08 500 . 00 HOMETOWN DAYS EXPENSES INVOICE TOTAL . 500 . 00 VENDOR TOTAL : 500 . 00 CDWG COW GOVERNMENT INC . KVG0286 06 /23 / 08 01 CLUB 47 NETWORKING 80 - 000 - 75 - 00 - 7002 07 / 24 / 08 271 . 99 COMPUTER EQUIP & SOFTWARE INVOICE TOTAL : 271 . 99 KVR9491 06 / 25 / 08 01 CLUB 47 CHECKOUT PC 80 - 000 - 75 - 00 - 7002 07 / 24 / 08 657 . 06 COMPUTER EQUIP & SOFTWARE INVOICE TOTAL . 657 . 08 VENDOR TOTAL . 929 . 07 CHEATHAM JAMIE L . CHEATHAM 3019 07 / 03 / 08 01 06 / 26 / 08 MEETING MINUTES 79 - 650 - 50 - 00 - 5155 07 / 24 / 08 147 . 88 SALARIES - RECORDING SECRET INVOICE TOTAL . 147 . 88 VENDOR TOTAL : 147 . 88 FIRST FIRST PLACE RENTAL DATE : 07 / 17 / 08 UNITED CITY OF YORKVILLE PAGE . 4 TIME . 14 : 32 : 19 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 24 / 2008 INVOICE # INVOICE ITEM VENDOR 4 DATE r. DESCRIPTION ACCOUNT ii P . O . it DUE DATE ITEM AMT FIRST FIRST PLACE RENTAL 173714 07 / 09 / 08 01 HOSE , NOZZLE 79 - 610 - 62 - 00 - 5417 07 / 24 / 08 463 73 MAINTENANCE - PARKS INVOICE TOTAL : 467 . 73 VENDOR TOTAL . 463 . 73 FVTRADIN FOX VALLEY TRADING COMPANY 8960 06 / 26 / 08 01 REC CENTER SHIRTS 80 - 000 - 65 - 00 - 5804 00404344 07 / 24 / 08 1 , 378 . 00 OPERATING SUPPLIES INVOICE TOTAL . 1 . 378 . 00 8962 06 / 26 / 08 01 REC CENTER SHIRTS 80 - 000 - 65 - 00 - 5804 00404344 07 /24 / 08 756 . 50 OPERATING SUPPLIES INVOICE TOTAL . 756 . 50 8996 07 / 02 / 08 01 SHIRTS 80 - 000 - 65 - 00 - 5803 07 / 24 / 08 525 . 00 PROGRAM EXPENSES INVOICE TOTAL . 525 . 00 VENDOR TOTAL . 2 , 659 . 50 GAMETIME GAME TIME 756868 04 / 16 / 08 01 DECK CAP . CENTER DAM . OFFSET 79 - 610 - 62 - 00 - 5417 07 /24 / 08 100 . 09 MAINTENANCE - PARKS 02 DAM * * COMMENT * * INVOICE TOTAL . 100 . 09 VENDOR TOTAL . 100 . 09 GOLDMEDA GOLD MEDAL PRODUCTS 190358 06 / 25 / 08 01 CONSESSION FOOD 79 - 650 - 65 - 00 - 5828 00404370 07 /24 / 08 1 . 593 . 50 CONCESSIONS INVOICE TOTAL . 1 , 593 . 50 VENDOR TOTAL : 1 . 593 . 50 DATE . 07 / 17 / 08 UNITED CITY OF YORKVILLE PAGE . 5 TIME : 14 : 32 : 19 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 24 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE ii DESCRIPTION ACCOUNT # P . O . .r DUE DATE ITE61 AMT HANNEMAK KEVIN HANNENMAN 0629208 06 / 29 / 08 01 REFEREE 79 - 650 - 50 - 00 - 5150 07 / 24 / 08 120 . 00 SALARIES - INSTRUCTOR CONTR INVOICE TOTAL . 120 . 00 VENDOR TOTAL . 120 . 00 HAYENR RAYMOND HAYEN 070808 07 / 08 / 08 01 REFEREE 79 - 650 - 50 - 00 - 5150 07 / 24 / 08 120 . 00 SALARIES - INSTRUCTOR CONTR INVOICE TOTAL . 120 . 00 VENDOR TOTAL : 120 . 00 HIFIEVEN HI FI EVENTS 0829 - 3108 07 / 10 / 08 01 STAGE , SOUND , LIGHTING 79 - 650 - 65 - 00 - 5833 00404371 07 / 24 / 08 6 , 800 . 00 HOMETOWN DAYS EXPENSES INVOICE TOTAL . 6 , 800 . 00 083108 07 / 10 / 08 01 HI - INFIDELITY BAND 79 - 650 - 65 - 00 - 5833 00404371 07 / 24 / 08 5 , 000 . 00 HOMETOWN DAYS EXPENSES INVOICE TOTAL . 51000 . 00 VENDOR TOTAL : 11 , 800 . 00 ILLIQUOR ILLINOIS LIQUOR CONTROL 071408 07 / 14 / 08 01 LIQUOR LICENSE FOR HTD 79 - 650 - 65 - 00 - 5833 07 / 24 / 08 25 . 00 HOMETOWN DAYS EXPENSES INVOICE TOTAL : 25 . 00 VENDOR TOTAL : 25 . 00 JACKHIRS JACKSON- HIRSH , INC . 0705755 06 / 25 / 08 01 LAMINATOR AND SUPPLIES 80 - 000 - 65 - 00 - 5802 07 / 24 / 08 438 . 71 OFFICE SUPPLIES INVOICE TOTAL . 438 . 71 VENDOR TOTAL : 438 . 71 DATE . 07 / 17 / 08 UNITED CITY OF YORKVILLE PAGE . G TIME : 14 : 32 : 19 DETAIL BOARD REPORT ID : AP441000 - VIOW INVOICES DUE ON/ BEFORE 07 / 24 / 2008 INVOICE 4 INVOICE ITEM VENDOR 8 DATE 4 DESCRIPTION ACCOUNT i; P . O . I} DUE DATE ITEM AMT JTHOMAS J THOMAS 0489740 - IN 03 /27 / 08 01 ROLLER STUD . AIR FILTER 79 - 610 - 62 - 00 - 5408 07 / 24 / 08 63 . 24 MAINTENANCE- EQUIPMENT INVOICE TOTAL . 63 . 24 VENDOR TOTAL : 63 . 24 KENPRINT ANNETTE M . POWELL 16358 07 / 02 / 08 01 4 , 000 ENVELOPES 79 - 650 - 65 - 00 - 5802 07 /24 / 08 230 . 60 OFFICE SUPPLIES INVOICE TOTAL : 230 . 60 VENDOR TOTAL . 230 . 60 KOPYKAT KOPY KAT COPIER 27603 06 /23 / 08 01 MOVED MACHINE 80 - 000 - 65 - 00 - 5804 07 / 24 / 08 150 . 00 OPERATING SUPPLIES INVOICE TOTAL . 150 . 00 VENDOR TOTAL : 150 . 00 MADBOMB MAD BOMBER 083108 07 / 10 / 08 01 FIREWORKS 79 - 650 - 65 - 00 - 5833 00404380 07 / 24 / 08 3 . 500 . 00 HOMETOWN DAYS EXPENSES INVOICE TOTAL : 3 , 500 . 00 VENDOR TOTAL . 3 . 500 . 00 MARINEBI MARINE BIOCHEMISTS 243664 R5 06 / 19 / 08 01 ALGAE & WEED TREATMENT 79 - 610 - 62 - 00 - 5405 07 / 24 / 08 666 . 40 PARK CONTRACTUAL INVOICE TOTAL . 666 . 40 VENDOR TOTAL . 666 . 40 MENLAND MENARDS - YORKVILLE DATE . 07 / 17 / 08 UNITED CITY OF YORKVILLE PAGE . 7 TIME . 14 : 32 : 19 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON /BEFORE 07 / 24 /2008 INVOICE It INVOICE ITEM VENDOR It DATE 4 DESCRIPTION ACCOUNT I. P . O . It DUE DATE ITEI4 AMT MENLAND MENARDS - YORKVILLE 36753 06 / 03 / 06 01 WOOD , SCREWS 79 - 610 - 65 - 00 - 5804 07 / 24 / 00 48 . 24 OPERATING SUPPLIES INVOICE TOTAL . 48 . 24 36834 06 / 03 / 08 01 CABLE CLAMPS , SWIVEL SNAPS , 79 - 610 - 62 - 00 - 5408 07 / 24 / 08 28 . 44 MAINTENANCE - EQUIPMENT 02 SECURITY SNAP * * COMMENT * * INVOICE TOTAL . 28 . 44 41802 06 / 24 / 08 01 FILE SET . CABLE TIE 79 - 610 - 65 - 00 - 5804 07 / 24 / 08 34 . 96 OPERATING SUPPLIES INVOICE TOTAL . 34 . 96 42059 06 / 25 / 08 01 PROTECTANT . WORK GLOVES 79 - 610 - 65 - 00 - 5804 07 / 24 / 08 14 . 97 OPERATING SUPPLIES INVOICE TOTAL . 14 . 97 42288 06 / 26 / 08 01 SAFETY FENCE 79 - 610 - 65 - 00 - 5804 07 /24 / 08 312 . 00 OPERATING SUPPLIES INVOICE TOTAL . 312 . 00 42353 06 / 26 / 08 01 ROLLERS , UTILITY BRUSHES 79 - 610 - 62 - 00 - 5417 07 / 24 / 08 15 . 63 MAINTENANCE - PARKS INVOICE TOTAL . 15 . 63 42364 06 / 26 / 08 01 BUG KILLER 79 - 610 - 65 - 00 - 5804 07 / 24 / 08 6 . 76 OPERATING SUPPLIES INVOICE TOTAL . 6 . 76 42379 06 / 26 / 08 01 SHELF , WASTE BASKET . MOP , 80 - 000 - 62 - 00 - 5408 07 / 24 / 08 166 . 37 MAINTENANCE SUPPLIES 02 FAUCET EXTENDERS , BUCKET , BAGS * * COMMENT * * 03 GROUT TOOLS . SEALER * * COMMENT * * INVOICE TOTAL : 166 . 37 DATE . 07 / 17 / 08 UNITED CITY OF YORIiVILLE PAGE . 8 TIME . 14 . 32 : 19 DETAIL BOARD REPORT ID : A2441000 . WOW INVOICES DUE ON /BEFORE 07 / 24 / 2008 INVOICE It INVOICE ITEM VENDOR 41 DATE 4 DESCRIPTION ACCOUNT 4 P . O . 4 DUE DATE ITEM AMT MENLAND MENARDS - YORKVILLE 42781 06 / 28 / 08 01 HAND SANITIZER 79 - 650 - 65 - 00 - 5803 07 / 24 / 08 10 . 36 PROGRAM EXPENSES INVOICE TOTAL . 10 . 36 43253 06 / 30 / 08 01 12 FT ARROWHEAD 79 - 610 - 65 - 00 - 5804 07 / 24 / 08 65 . 28 OPERATING SUPPLIES INVOICE TOTAL . 65 . 28 43614 07 / 01 / 08 01 VACUUMS , GLOVES , SQUEEGEE 80 - 000 - 62 - 00 - 5408 07 / 24 / 08 144 . 45 MAINTENANCE SUPPLIES INVOICE TOTAL . 144 . 45 43771 07 / 02 / 08 01 HOSE CLAMP 79 - 610 - 65 - 00 - 5804 07 / 24 / 08 30 . 24 OPERATING SUPPLIES INVOICE TOTAL . 30 . 24 43783 07 / 02 / 08 01 ELECTRICAL TAPE 79 - 610 - 65 - 00 - 5804 07 / 24 / 06 4 . 47 OPERATING SUPPLIES INVOICE TOTAL . 4 . 47 43833 07 / 02 / 08 01 CONDUIT 79 - 610 - 65 - 00 - 5804 07 / 24 / 08 11 . 78 OPERATING SUPPLIES INVOICE TOTAL : 11 . 78 44071 07 / 03 / 08 01 KITCHEN BAGS , AIR FRESHENER , 80 - 000 - 62 - 00 - 5408 07 / 24 / 08 48 . 98 MAINTENANCE SUPPLIES 02 SHOWER CURTAINS , MOUSE TRAPS * * COMMENT * * INVOICE TOTAL - 48 . 98 44223 07 / 04 / 08 01 SCRUB BRUSH , MOP . BUCKET 80 - 000 - 62 - 00 - 5408 07 / 24 / 08 65 . 11 MAINTENANCE SUPPLIES INVOICE TOTAL . 65 . 11 44418 07 / 05 / 08 01 PRIMER 80 - 000 - 62 - 00 - 5408 07 / 24 / 08 7 . 38 MAINTENANCE SUPPLIES INVOICE TOTAL - 7 . 38 DATE : 07 / 17 / 08 UNITED CITY OF YORKVILLE PAGE . 9 TIME . 14 . 32 : 19 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 24 / 2008 INVOICE 5 INVOICE ITEM VENDOR #6 DATE it DESCRIPTION ACCOUNT N P . O . 4 DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MENLAND MENARDS - YORKVILLE 44440 07 / 05 / 08 01 GROUT REMOVER TOOL , PRIMER 80 - 000 - 62 - 00 - 5408 07 / 24 / 08 26 . 72 MAINTENANCE SUPPLIES INVOICE TOTAL . 26 . 72 44451 07 / 05 / 08 01 MAT 80 - 000 - 62 - 00 - 5408 07 / 24 / 08 2 . 79 MAINTENANCE SUPPLIES INVOICE TOTAL : 2 - 79 44477 07 / 05 / 08 01 SAW BLADES 80 - 000 - 62 - 00 - 5408 07 / 24 / 08 14 - 70 MAINTENANCE SUPPLIES INVOICE TOTAL : 14 . 70 44491 07 / 05 / 08 01 SAWS 80 - 000 - 62 - 00 - 5408 07 / 24 / 08 17 . 82 MAINTENANCE SUPPLIES INVOICE TOTAL . 17 . 82 44659 07 / 06 / 08 01 SPONGES , GROUT 80 - 000 - 62 - 00 - 5408 07 / 24 / 08 38 . 82 MAINTENANCE SUPPLIES INVOICE TOTAL : 38 . 82 44676 07 / 06 / 08 01 TRASH CANS . LACQUER 80 - 000 - 62 - 00 - 5408 07 /24 / 08 96 . 52 MAINTENANCE SUPPLIES INVOICE TOTAL : 96 . 52 44688 07 / 06 / 08 01 GROUT , GROUT CLEAN- UP KITS 80 - 000 - 62 - 00 - 5408 07 /24 / 08 73 . 84 MAINTENANCE SUPPLIES INVOICE TOTAL : 73 . 84 44999 07 / 07 / 08 01 VALVE , NIPPLE , TEFLON TAPE . 79 - 610 - 65 - 00 - 5804 07 /24 / 08 10 . 45 OPERATING SUPPLIES 02 ELBOW * * COMMENT * * INVOICE TOTAL : 10 . 95 45153 07 / 08 / 08 01 DUCT TAPE , PVC PIPE , LOPPER , 79 - 610 - 65 - 00 - 5815 07 / 24 / 08 42 . 12 HAND TOOLS DATE . 07 / 17 / 08 UNITED CITY OF YORKVILLE PAGE . 10 TIME : 19 : 32 : 19 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 24 / 2008 INVOICE S INVOICE ITEM VENDOR It DATE if DESCRIPTION ACCOUNT 4 P . O . ii DUE DATE ITEM AMT MENLAND MENARDS - YORKVILLE 45153 07 / 08 / 08 02 PRUNER GRIP * * COMMENT * * 07 / 24 / 08 INVOICE TOTAL . 42 . 12 VENDOR TOTAL : 1 , 339 . 20 MURRAYBR NORMAN C . MURRAY 082908 07 / 10 / 08 01 STILT WALKER , MAGIC SHOWS 79 - 650 - 65 - 00 - 5833 00404373 07 /24108 1 , 050 . 00 HOMETOWN DAYS EXPENSES INVOICE TOTAL . 1 , 050 . 00 083008 07 / 10/ 08 01 HOT ROCKS BAND 79 - 650 - 65 - 00 - 5833 00404378 07 /24 / 08 1 , 400 . 00 HOMETOWN DAYS EXPENSES INVOICE TOTAL . 1 , 400 . 00 083108 07 / 10 / 08 01 BRITISH EXPORT BAND 79 - 650 - 65 - 00 - 5833 00404378 07 / 24 / 08 1 , 500 . 00 HOMETOWN DAYS EXPENSES INVOICE TOTAL . 1 , 500 . 00 VENDOR TOTAL : 3 , 950 . 00 MYLITTLE MAI LOUISE WIESBROOK 083008 07 / 10 / 08 01 PETTING ZOO 79 - 650 - 65 - 00 - 5833 00404379 07 /24 / 08 1 , 350 . 00 HOMETOWN DAYS EXPENSES INVOICE TOTAL . 1 , 350 . 00 VENDOR TOTAL . 1 , 350 . 00 NANCO NANCO SALES COMPANY , INC . 5870 06 / 25 / 08 01 PAPER TOWEL , TISSUE 79 - 650 - 62 - 00 - 5408 07 / 24 / 08 106 . 65 MAINTENANCE SUPPLIES INVOICE TOTAL . 106 . 65 5877 07 / 02 / 08 01 PAPER TOWELS , TISSUE 79 - 650 - 62 - 00 - 5408 07 /24 / 08 75 . 50 MAINTENANCE SUPPLIES INVOICE TOTAL . 75 . 50 VENDOR TOTAL . 182 . 15 DATE . 07 / 17 / 08 UNITED CITY OF YORKVILLE PAGE . 11 TIME . 14 . 32 : 19 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 07 / 24 / 2008 INVOICE ## INVOICE ITEM VENDOR ## DATE # DESCRIPTION ACCOUNT i# P . O - ## DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - NEXTEL NEXTEL COMMUNICATIONS 837900513 - 076PR 05 / 18 / 08 01 PARKS MONTHLY CHARGES 79 - 610 - 62 - 00 - 5438 07 / 24 / 08 322 . 65 CELLULAR TELEPHONE 02 1 BATTERY , 1 BACKDOOR 79 - 610 - 62 - 00 - 5438 42 . 38 CELLULAR TELEPHONE 03 RECS MONTHLY CHARGES 79 - 650 - 62 - 00 - 5438 403 . 32 CELLULAR TELEPHONE 04 1 RETURNED I880 79 - 650 - 62 - 00 - 5438 - 99 . 99 CELLULAR TELEPHONE INVOICE TOTAL . 668 . 36 VENDOR TOTAL . 668 . 36 OFFWORK OFFICE WORKS 139279 06 / 27 / 08 01 CUTTER , KNIFE , WRIST REST , 80 - 000 - 65 - 00 - 5802 07 / 24 / 08 70 . 24 OFFICE SUPPLIES 02 CLIP DISPENSER . CLIP . PAPER , * * COMMENT * * 03 XEROX PAPER 79 - 650 - 65 - 00 - 5802 464 . 85 OFFICE SUPPLIES INVOICE TOTAL : 535 . 09 139305 06 / 27 / 08 01 RETURNED LABEL MAKER CARTRIDGE 80 - 000 - 65 - 00 - 5802 07 /24 / 08 - 45 . 07 OFFICE SUPPLIES INVOICE TOTAL . - 45 . 07 139504 07 / 02 / 08 01 ENVELOPES , HOLE PUNCH , PHONE 80 - 000 - 65 - 00 - 5802 07 / 24 / 08 80 . 11 OFFICE SUPPLIES 02 BOOK, POST- IT NOTES * * COMMENT * * INVOICE TOTAL : 80 . 11 VENDOR TOTAL . 570 . 13 ONQPROM ON Q PROMOTIONS , INC . 2315 06 /25108 01 WRISTBANDS 79 - 650 - 65 - 00 - 5803 07 / 24 / 08 188 . 67 PROGRAM EXPENSES INVOICE TOTAL : 188 . 67 VENDOR TOTAL . 188 . 67 DATE : 07 / 17 / 08 UNITED CITY OF YORKVILLE PAGE . 12 TIME , 14 : 32 : 19 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 24 / 2008 INVOICE & INVOICE ITEM VENDOR If DATE v DESCRIPTION ACCOUNT # P . O . ii DUE DATE ITEM AMT PEPSI PEPSI - COLA GENERAL BOTTLE 8134217916 06 / 27 / 08 01 POP 19 - 650 - 65 - 00 - 5828 00404345 07 / 24 / 08 1 , 069 . 00 CONCESSIONS INVOICE TOTAL . 1 . 069 . 00 VENDOR TOTAL . 11069 . 00 PGSPEEDW P & G SPEEDWAY , INC . 083108 07 / 10 / 08 01 RACE TRACK 79 - 650 - 65 - 00 - 5833 00404381 07 / 24 / 08 1 . 100 . 00 HOMETOWN DAYS EXPENSES INVOICE TOTAL . 1 . 100 . 00 VENDOR TOTAL . 1 , 100 . 00 PITNEYBO PITNEY BOWES INC 5500660620 06 / 19 / 08 01 INK CARTRIDGE 79 - 650 - 65 - 00 - 5808 07 / 24 / 08 198 . 46 POSTAGE & SHIPPING INVOICE TOTAL : 198 . 46 VENDOR TOTAL : 198 . 46 R0000447 KIM VANDEHEI 40024 07 / 02 / 08 01 CLASS CANCELLATION REFUND 79 - 650 - 65 - 00 - 5841 07 /24 / 08 33 . 00 PROGRAM REFUND INVOICE TOTAL : 33 . 00 VENDOR TOTAL . 33 . 00 R0000448 WATERMAN WINERY & VINEYARDS 070208 07 / 02 / 08 01 ARTS & WINE FESTIVAL TICKET 19 - 650 - 65 - 00 - 5803 07 /24 / 08 90 . 00 PROGRAM EXPENSES 02 REIMBURSEMENT * * COMMENT * * INVOICE TOTAL : 90 . 00 VENDOR TOTAL . 90 . 00 R0000449 WILLETT ' S WINERY & CELLAR DATE . 07 / 17 / 08 UNITED CITY OF YORKVILLE PAGE . 13 TIME . 14 : 32 : 19 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 07 /24 / 2008 INVOICE It INVOICE ITEM VENDOR it DATE +Y DESCRIPTION ACCOUNT 4 P . 0 - n DUE DATE ITEM AMT R0000449 WILLETT ' S WINERY & CELLAR 070208 07 / 02 / 08 01 ATR & WINE FESTIVAL TICKET 79 - 650 - 65 - 00 - 5803 07 / 24 / 08 90 . 75 PROGRAM EXPENSES 02 REIMBURSEMENT * * COMMENT * * INVOICE TOTAL . 90 . 75 VENDOR TOTAL . 90 . 75 R0000450 LAVENDER CREST WINERY 070208 07 / 02 / 08 01 ART & WINE FESTIVAL TICKET 79 - 650 - 65 - 00 - 5803 07 / 24 / 08 88 . 50 PROGRAM EXPENSES 02 REIMBURSEMENT * * COMMENT * * INVOICE TOTAL . 88 . 50 VENDOR TOTAL : 88 . 50 R0000451 D ' VINE WINE CRAFER ' S LLC 070208 07 / 02 / 08 01 ART & WINE FESTIVAL TICKET 79 - 650 - 65 - 00 - 5803 07 / 24 / 08 120 . 00 PROGRAM EXPENSES 02 REIMBURSEMENT * * COMMENT * * INVOICE TOTAL . 120 . 00 VENDOR TOTAL . 120 - 00 R0000452 RIVER VALLEY VINEYARD INC . 070208 07 / 02 / 08 01 ARTS & WINE FESTIVAL TICKET 79 - 650 - 65 - 00 - 5803 07 /24 / 08 93 . 00 PROGRAM EXPENSES 02 REIMBURSEMENT * * COMMENT * * INVOICE TOTAL : 93 . 00 VENDOR TOTAL . 93 . 00 R0000453 ILLINOIS RIVER WINERY 070208 07 / 02 / 08 01 ARTS & WINE FESTIVAL TICKET 79 - 650 - 65 - 00 - 5803 07 / 24 / 08 107 . 25 PROGRAM EXPENSES DATE . 07 / 17 / 08 UNITED CITY OF YORKVILLE PAGE . 14 TIME . 14 . 32 : 19 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 07 / 24 / 2008 INVOICE # INVOICE ITEM VENDOR 4 DATE # DESCRIPTION ACCOUNT ## P . O . ## DUE DATE ITEM AMT R0000453 ILLINOIS RIVER WINERY 070208 07 / 02 / 08 02 REIMBURSEMENT * * COMMENT * * 07 /24 / 08 INVOICE TOTAL . 107 . 25 VENDOR TOTAL : 107 . 25 R0000454 CANAAN LAWRENCE 070808 07 / 08 / 08 01 MEMBERSHIP REFUND . OVERPAY ON 80 - 000 - 65 - 00 - 5842 07 /24 / 08 114 . 00 MEMBERSHIP REFUNDS 02 AUTODRAFT * * COMMENT * * INVOICE TOTAL : 114 . 00 VENDOR TOTAL : 114 . 00 ROSATIS ROSATI ' S 080620 - 1 06 /20 / 08 01 SAFETY TOWN PIZZA 79 - 650 - 65 - 00 - 5803 07 / 24 / 08 72 . 17 PROGRAM EXPENSES INVOICE TOTAL : 72 . 17 VENDOR TOTAL . 72 . 17 SCHNITZR RANDY J . SCHNITZ 070808 07 / 08 / 08 01 REFEREE 79 - 650 - 50 - 00 - 5150 07 /24 / 08 120 . 00 SALARIES - INSTRUCTOR CONTR INVOICE TOTAL . 120 . 00 VENDOR TOTAL . 120 . 00 SHAWTENT SHAW TENT & AWNING 110807 07 / 10 / 08 01 TENTS , TABLES , CHAIRS 79 - 650 - 65 - 00 - 5833 00404372 07 / 24 / 08 3 . 573 . 34 HOMETOWN DAYS EXPENSES INVOICE TOTAL . 3 . 573 . 34 VENDOR TOTAL : 3 . 573 . 34 SKYEJUMP JENNIFER HOJNACKI DATE . 07 / 17 / 08 UNITED CITY OF YORKVILLE PAGE . 15 TIME . 14 . 32 : 19 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 24 / 2008 INVOICE ii INVOICE ITEM VENDOR If DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT SKYEJUMP JENNIFER HOJNACKI 083008 07 / 15 / 08 01 TAG BALL 79 - 650 - 65 - 00 - 5833 07 / 24 / 08 795 . 00 HOMETOWN DAYS EXPENSES INVOICE TOTAL . 795 . 00 VENDOR TOTAL . 795 . 00 TIDIRECT TS DIRECT USA 003652 - 004 07 / 11 / 08 01 PROGRAM & CONNECT 5 LINES TO 80 - 000 - 75 - 00 - 7500 07 / 24 / 08 210 . 00 PHONE SYSTEM 02 PARTNER SYSTEM * * COMMENT * * INVOICE TOTAL : 210 . 00 ACT - 003652 - 01 06 /27 / 08 01 WIRELESS HEADSET BUNDLE 80 - 000 - 75 - 00 - 7500 07 /24 / 08 275 . 00 PHONE SYSTEM INVOICE TOTAL . 275 . 00 ACT- 003652 - 02 07 / 02 / 08 01 AVAYA PARTNER PROCESSOR , 80 - 000 - 75 - 00 - 7500 00404144 07 / 24 / 08 4 , 865 . 00 PHONE SYSTEM 02 VOICEMAIL SYSTEM , EXPANSION * * COMMENT * * 03 MODULE , SPEAKER PHONE , * * COMMENT * * 04 INSTALLATION . PROGRAMING & * * COMMENT * * 05 TRAINING * * COMMENT * * INVOICE TOTAL . 4 , 865 . 00 ACT- 003652 - 03 07 / 02 / 08 01 WIRELESS PHONE , CHARGER & 80 - 000 - 75 - 00 - 7500 00404146 07 / 24 / 08 724 . 00 PHONE SYSTEM 02 BATTERY BACKUP * * COMMENT * * INVOICE TOTAL . 724 . 00 VENDOR TOTAL : 6 . 074 . 00 TRUGREEN TRUGREEN CHEMLAWN 47201 07 / 15 / 08 01 ROTARY PARK 79 - 610 - 62 - 00 - 5405 00404078 07 / 24 / 08 971 . 00 PARK CONTRACTUAL INVOICE TOTAL . 971 . 00 DATE : 07 / 17 / 08 UNITED CITY OF YORKVILLE PAGE . 16 TIME . 14 . 32 : 20 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON /BEFORE 07 / 24 / 2008 INVOICE 4 INVOICE ITEM VENDOR # DATE $ DESCRIPTION ACCOUNT q P . O . it DUE DATE ITEM AMT TRUGREEN TRUGREEN CHEMLAWN 47205 07 / 15 / 08 01 BRIDGE PARK 79 - 610 - 62 - 00 - 5405 00404078 07 / 24 / 08 1 , 380 . 00 PARK CONTRACTUAL INVOICE TOTAL . 1 , 380 . 00 VENDOR TOTAL . 2 , 351 . 00 VERMONT VERMONT SYSTEMS 24293 06 / 17 / 08 01 RETRAC PROGRAM INSTALL , 80 - 000 - 75 - 00 - 7002 07 / 24 / 08 5 , 365 . 58 COMPUTER EQUIP & SOFTWARE 02 TRAINING * * COMMENT * * INVOICE TOTALS 5 , 365 . 58 VENDOR TOTAL : 5 . 365 . 58 VISA VISA 062408 - PR 06 / 24 / 08 01 HB ADAPTER 79 - 610 - 65 - 00 - 5804 07 / 24 / 08 3 . 99 OPERATING SUPPLIES 02 BOOKS 79 - 650 - 62 - 00 - 5605 197 . 16 BOOKS / PUBLICATIONS 03 BOOKCASE 79 - 650 - 65 - 00 - 5802 107 . 99 OFFICE SUPPLIES 04 RED INK CARTRIDGES 79 - 650 - 65 - 00 - 5808 109 . 44 POSTAGE & SHIPPING 05 REC CENTER TRAING MEALS 80 - 000 - 64 - 00 - 5604 66 . 80 TRAINING & CONFERENCES 06 SAFETY TOWN CRAFT SUPPLIES , 79 - 650 - 65 - 00 - 5803 133 . 98 PROGRAM EXPENSES 07 JUICE , MOVIE TAPES , CUPS , * * COMMENT * * O8 NAPKINS , DONUTS , WATER * * COMMENT * * INVOICE TOTAL : 619 . 36 19798 - PR 06 / 26 / 08 01 TABLE COVERS 79 - 650 - 65 - 00 - 5803 07 /24 / 08 91 . 88 PROGRAM EXPENSES INVOICE TOTAL . 91 . 88 VENDOR TOTAL : 711 . 24 DATE : 07 / 17 / 08 UNITED CITY OF YORKVILLE PAGE . 17 TIME . 14 : 32 : 20 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 24 / 2008 INVOICE IF INVOICE ITEM VENDOR It DATE 4 DESCRIPTION ACCOUNT ;: P . O . # DUE DATE ITEM AMT WALDENS WALDEN ' S LOCK SERVICE 9302 06127 / 08 01 CHANGED LOCKS 79 - 650 - 62 - 00 - 5408 07 /24 / 08 113 . 30 MAINTENANCE SUPPLIES INVOICE TOTAL : 113 . 30 9314 07 / 07108 01 SAFE , KEY CABINETS , KEYS 80 - 000 - 65 - 00 - 5802 00404343 07 / 24 / 08 1 , 028 . 29 OFFICE SUPPLIES INVOICE TOTAL . 1 , 028 . 29 VENDOR TOTAL . 1 , 141 . 59 WINDCREK WINDING CREEI( NURSERY , INC 145148 07 / 03 / 08 01 FLOWERS 79 - 610 - 75 - 00 - 7701 07 /24 / 08 403 . 11 FLOWERS /TREES INVOICE TOTAL : 403 . 11 VENDOR TOTAL . 403 . 11 YORKACE YORKVILLE ACE & RADIO SHACK 119592 06 /27 / 08 01 PRIMER SPRAY 79 - 610 - 65 - 00 - 5804 07 /24 / 08 13 . 47 OPERATING SUPPLIES INVOICE TOTAL : 13 . 47 119614 06 /27 / 08 01 PUSH PINS , TARP 79 - 650 - 65 - 00 - 5828 07 / 24 / 08 35 . 97 CONCESSIONS INVOICE TOTAL : 35 . 97 119765 07/ 05 / 08 01 SPRAY PAINT , DOOR MATS 80 - 000 - 62 - 00 - 5408 07 / 24 / 08 69 . 93 MAINTENANCE SUPPLIES INVOICE TOTAL : 69 . 93 119797 07 / 07 / 08 01 SEAL TAPE , PVC PLUG 80 - 000 - 62 - 00 - 5408 07 / 24 / 08 5 . 45 MAINTENANCE SUPPLIES INVOICE TOTAL . 5 . 45 119829 07 / 09 / 08 01 WASHER , BOLT , HARDWARE 79 - 610 - 65 - 00 - 5804 07 / 24 / 08 56 . 75 OPERATING SUPPLIES INVOICE TOTAL . 56 . 75 DATE . 07 / 17 / 08 UNITED CITY OF YORKVILLE PAGE . 18 TIME : 14 . 32 : 20 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 24 / 2008 INVOICE ;r' INVOICE ITEM VENDOR 4 DATE x DESCRIPTION ACCOUNT }} P . O . }} DUE DATE ITEM AMT YORKACE YORKVILLE ACE & RADIO SHACK 119847 07 / 09 / 08 01 BRASS GATE VALVES , NIPPLE 79 - 610 - 65 - 00 - 5804 07 / 24 / 08 49 47 OPERATING SUPPLIES INVOICE TOTAL . 49 . 47 119860 07 / 09 / 08 01 PLUG - INS . SPOT REMOVER , SCOUR 79 - 650 - 62 - 00 - 5408 07 /24 / 08 30 . 93 MAINTENANCE SUPPLIES 02 PAD * * COMMENT * * INVOICE TOTAL . 30 . 93 119870 07 / 10 / 08 01 NIPPLES , ELBOWS 79 - 610 - 65 - 00 - 5804 07 /24 / 08 23 . 45 OPERATING SUPPLIES INVOICE TOTAL . 2345 VENDOR TOTAL . 285 . 42 YORKBIGB YORKVILLE BIG BAND 083108 07 / 14 / 08 01 YORKVILLE BIG BAND 79 - 650 - 65 - 00 - 5833 07 /24 / 08 950 . 00 HOMETOWN DAYS EXPENSES INVOICE TOTAL : 950 . 00 VENDOR TOTAL : 950 . 00 YORKNAPA YORKVILLE NAPA AUTO PARTS 839705 06 / 06 / 08 01 BATTERY 79 - 610 - 62 - 00 - 5406 07 / 24 / 08 55 . 03 MAINTENANCE - EQUIPMENT INVOICE TOTAL . 55 . 03 VENDOR TOTAL . 55 . 03 YORKPR YORKVILLE PARK & RECREATION 071408 07 / 14 / 08 01 STARTUP FOR CASH DRAWER 80 - 000 - 65 - 00 - 5803 07 / 24 / 08 200 . 00 PROGRAM EXPENSES INVOICE TOTAL . 200 . 00 VENDOR TOTAL . 200 . 00 DATE : 07 / 17 / 08 UNITED CITY OF YORKVILLE PAGE . 19 TIME : 14 . 32 : 20 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 07 / 24 / 2008 INVOICE fk INVOICE ITEM VENDOR kk DATE DESCRIPTION ACCOUNT $ P . O . ;r DUE DATE ITEM AMT YORKPRPC YORKVILLE PARK & AEC 071508 07 / 15 / 08 01 POSTAGE 80 - 000 - 65 - 00 - 5808 07 / 24 / 08 16 . 50 POSTAGE & SHIPPING 02 TILE 80 - 000 - 62 - 00 - 5408 4 . 58 MAINTENANCE SUPPLIES 03 FOOD , BUNS 79 - 650 - 65 - 00 - 5828 29 . 13 CONCESSIONS 04 RIBBONS , PHOTO DEVELOPING . 79 - 650 - 65 - 00 - 5803 73 . 91 PROGRAM EXPENSES 05 FISHING LICENSE . ICE CREAM , * * COMMENT * * 06 WATER , WORKS * * COMMENT * * INVOICE TOTAL : 124 . 12 VENDOR TOTAL - 124 . 12 TOTAL ALL INVOICES : 67 , 093 . 89 YORKVILLE PARK AND RECREATION CASH ANALYSIS AS OF July 24, 2008 FISCAL YEAR 08109 Ending Bank Balances May June July August September October November December January February March April 2008 2008 2008 2008 2008 2008 2008 2008 2009 2009 2009 2009 Mancy Market 532,824.57 $151,928.10 Account Money Market 54,356.69 $4.363.81 Checking Account Month S37,181.26 $156,291.91 $0.00 $0.00 SO.00 $0.00 $0.00 $0.00 50.00 $0.00 50.00 50.00 To al: PARKSPAYROLL ISr PAYI 517462.64 $21,130.18 $22,428.62 2ND PAY $20,698.71 525,462.62 3RD PAY Month Total S38,161.35 $46,592.80 $22,428.62 $0.00 50.00 50.00 $0.00 50.00 $0.00 50.00 50.00 $0.00 RECREATION PAYROLL 1Sr PAY $25,227.26 S25p31.54 $21,973.45 2NDPAY $26,227.Ti $22,241.78 {M Y Me 3RD PA th P $51,455.03 $47273.32 $21,973.45 50.00 50.00 50.00 50.00 $0.00 50.00 50.00 50.00 50.00 RECREATION CENTER PAYROLL iSr PAY 50.00 5759.18 $3,196.19 2ND PAY 50.00 51,518.34 3RD PAY Month Total SOHO $2,21-7.52 53,196.19 $D.00 50.00 50.00 50.00 $0.00 $0.00 50.00 $0.00 $0,40 Grand Total $89,616.38 1 $96,143.61 S47,598.26 1 $0.00 1 $0.00 $0.00 $0.00 50.00 SOHO $0.00 $0.00 $0.00 UNITED CITY OF YORKVILLE KENDALL COUNTY, IL PARKS AND RECREATION Recreation Center 2008-2009 ACCOUNT NUMBER DESCRIPTION BUDGET SCHANGE %CHANGE Revenues CUmges for Services 80-000-42.00-4200 MEMBERSHIP PEES 423,890 NEW 80-000 42-00-4210 GUEST FEES 7,167 NEW 80.000-42-00-4220 SWIM CLASS 20,000 NEW 80-000-42-00-4230 PERSONAL I RAINING FEES 18,750 NEW 80-000-42-00-4240 TANNINGSESSIONS 71500 NEW 80.000-42-00-4270 FEES FOR PROGRAMS 125,000 NEW 80-000.42.00-4280 CONCESSIONS 11,666 NEW 80-000-42-00-4285 VENDING MACHINES 500 NEW 80-000-42-00-4286 RENTAL INCOME 4,333 NEW m 618,806 7Y1iscellaneous 80-000-44-00-0400 DONATION/SPONSORSHIP 3,200 NEW Intergovernmental 80-000.45-00-4550 GRANTS/SCHOLARSHIPS 11000 NEW TOTAL REVENUES: GENERAL 623,006 Expenses Personnel Services 80-000-50-00-510'7 SALARIES- RECCENTFR. 32,000 NEW 80-000-50-00-5109 SALARIES, PRESCHOOL 63,000 NEW 80-000-50.00-5136 SALARIES- PART TIME 114,515 NEW 80-000-50-00.5137 SALARIES, OVERTIME 2,000 NEW 80-000.50.00-5150 SALARIES- INSTRUCTORS 81000_ NEW 219,515 Contractual Services 80-000.62-00-5408 MAINTENANCE SUPPLIES 61750 NEW 80-000.62-00-5410 MAIN TENANCE OFFICE EQUIP 51650 NEW 80-000-62-00-5416 MAINTENANCE GENERAL 3,000 NEW 80-000.62-00-5426 GRANTS 11000 NEW 80-000-62-00-5430 TOWEL,RENTAL 900 NEW 80-000-62-00-5431 POOL REPAIR 1,240 NEW 80-000.62.00-5432 LEASE PAYMENT 175,000 NEW 80-000-62-00-5433 LICENSESIPERMITS 51300 NEW 80-000-62-00-5434 POOL SUPPLIES 4,400 NEW 80-000.62-00.5435 ELECTRICITY 47,250 NEW 80-000-62-00-5437 TELEPHONE 42900 NEW 80-000-62-00-5438 CELLULAR. PHONE 500 NEW 80-000-62-00-5439 PROPERTY TAX NEW UNITED CITY OF YORKVILLE KENDALL COUNTY, IL PARKS AND RECREATION Recreation Center Continued 2008-2009 ACCOUNT NUMBER DESCRIPTION BUDGET S CHANGE % CHANGE Contrachml Services Continued 80-00062-00-5440 SECURITY 720 NEW 80-000-62-00-5603 PUBLISIING/ADVERTISING 2,(00 NEW 80,000,62-00-5605 BOOKS/PUBL.ICATION 100 NEW 259,610 Professional Development 80-000-64-00-5600 DUES 900 NEW 80-000-64-OD-5604 TRAINING & CONFERENCES 11000 NEW 80-000-64-00-5605 TRAVEL EXPENSES _ 500 NEW 2,400 Operations 80-000.65.00.5802 OFFICE SUPPLIES 41375 NEW 80-000-65-10-5803 PROGRAM EXPENSES 18,300 NEW 80.00065-00-5804 OPERATING SUPPLIES 21000 NEW 80-000-65-00-5805 RECREATION EQUIPMENT 10,000 NEW 80-000-65-00-5808 POSTAGE & SHIPPING 1,100 NEW 80-000-65-00-5812 GASOLINE 1,000 NEW 80-000-65-00-5826 MILEAGE 300 NEW 80-000-65-00-5828 CONCESSIONS 9,000 NEW 80-000-65.00-5840 SCHOLARSHIPS 11000 NEW 80 000-6500-5841 PROGRAM REFUNDS 4,000 NEW 51,075 Retirement 80-000-72-00-6500 IMRF 3,801 NEW 80-000.7200-6501 SOCIAL SECURITY 12,348 NEW 16,149 Capital Outlay 80.000-75-00-7002 COMPUTER EQUIP& S017WARE 16,500 NEW 00-000-75-00-7003 OFFICE EQUIPMENT 2,500 NEW 80.000.75-00-7500 PHONE SYSTEM 81300 NEW 27,300 Other 80-000-78-00-9909 BAD DEBTAOSS _ NEW Transfers 80.000-99-00-9979 TRANSFER TO PARKS & REC 46,956 NEW TOTAL EXPENSES: 623,005 TOTAL FUND REVENUES 623,006 TOTAL FUND EXPENSES 623,005 FUND SURPLUS (DEFICIT) BALANCE I MEMORANDUM n TO: Yoikv�lle Ps Ic Board N FROM: DaveIogle, ireetor° of Parks and Recreation �i RE: Old Business DATE: July 21 , 2008 FOX HILLS DISC GOLF REPORT AND POLICY PROPOSAL A report on the discussion at the July 15 Public Works Committee is included. A revised list of rules is included. Staff will also present a proposed use policy for disc golf and other recreational facilities not currently covered under a use policy. Input will be sought from the park board on the policy. REC CENTER CAPITAL IMPROVEMENT QUOTE - FLOORING Information and a price quote on new flooring will be presented for review. REC CENTER — LIST OF CAPITAL IMPROVEMENTS TO DATE Pursuant to park board' s request, a list of approved capital improvements and their cost has been created and will become a regular report shared with the board. This will give arr ongoing record of projects and the level of REC Center Improvement Escrow Account. Also, an updated chart of accounts has been provided and will be explained at the park board meeting.. HOOVER AGREEMENT UPDATE Staff will report on updates since the July 10, 2008 Park board Meeting. MEMORANDUM TO: Yorlcvilh arcBoard PROM: Dave M gl A Director of Parks and Recreation RE: Disc Goll eport DATE: July 21 , 2008 On July 15, I attended the Public Works Conunittee for the purpose of discussing the Pox Hills Disc Golf complaint from park neighbor, Dan Ralston, Mr. Ralston was in attendance and presented a petition with approximately ten names calling for the removal of the three tees and holes behind his home. The Conunittee received two aerial views with the course layout, one showing the course as it is presently and the other showing the course if we moved the two offending tees, that have been brought to our attention, to locations further from the back lot lines of the affected homes. I also showed slides of the Pox Hills Course and passed around sample discs so that the Committee members who may not be aware of the disc golf sport could see the type of equipment that is utilized. Finally, a list of proposed course rules that can be mounted on a sign in the park was distributed to the Committee. The Committee was supportive of staff's recommendation of moving the offending tees as opposed to the removal of the tees and holes completely. The Committee liked the proposed rule sign. One suggested addition was that those caught violating the rules were subject to removal from the park. The Committee was concerned that there is no existing park use policy for some recreational facilities ie. Disc Golf, Bocce Ball and suggested we write one and bring it back to the park hoard. The Committee was concerned about profanity and believed individuals using profanity could be confronted by police and made to stop or be removed from the park. Mr. Ralston asserted there has been gambling taking place and that there are leagues and tournaments, mostly comprised of non-residents, that are playing at the facility. I-Ie pointed out that he learned of this through a disc golf web site. The Committee suggested that I make contact with the website to discuss these issues with them. The Committee's position was to move the tees and monitor the situation to see if improvement occurred. They would like to bring this item forward again at the end of the season. Disk Golf Sign Disk Golf Course Rules • No Alcohol • No Profanity • Play Ends at Dusk • Tournament, League or any organized play must be approved by the Yorkville Parks & Recreation Department • Be Respectful of Neighbors • Violators Subject to Ejection from Park For further information please contact the Parks & Recreation office at 630 553 -4357 MEMORANDUM TO: / o 'lc J ille Park Board FROM: D e Iv le, Director of Parks and Recreation RE: New Business DATE: July 21 , 2008 GRANDE RESERVE PART{ B — EASEMENT AGREEMENT WITH COMED Staff will be presenting a proposed lease agreement with ComEd for the property adjacent to the 8.8 acre Grande Reserve Park B. The property will be used for disc golf: Staff recommends approval of the lease and moving it forward to City Council, PARKING NAMING REQUEST In an effort to name the new park in Whispering Meadows in time for the completion of construction and the opening of the park, staff are proposing two potential names, one having historical significance and both related to the park's train theme, Staff will seek the park board's input on a name to take forward to City Council. PARK RENTAL WAIVER REQUEST A fee waiver request has been received from the Optimist Club for the Octoberfest event to be held in late September 2008 . The request came in late last week and additional information is needed. Staff will give a recommendation at the park board meeting., LEASE R/W: Plano- Montgomery, Parcel #20 SWl /4, SEC. 11 , TWP.37 NORTH, RANGE 7 EAST OF TIE THIRD PRINC113AL MERIDIAN KENDALL COUNTY, ILLINOIS SR 00463604 RECREATIONAL LEASE THIS RECREATIONAL LEASE (the "Lease") is made as of by and between, COMMONWEALTH EDISON COMPANY, an Illinois corporation (hereinafter referred to as "Landlord"), and the United City of Yorkville, Kendall County, Illinois, an Illinois municipal corporation (hereinafter referred to as "Tenant"). Landlord, for and in consideration of the payment of Rent (as hereinafter defined) by Tenant, and of the covenants, conditions and agreements of Tenant hereinafter set forth, does hereby lease and demise to the Tenant (without warranty of title), and Tenant does hereby lease from Landlord, a portion of Landlord's property shown on Exhibit "A", which is attached hereto as and made a part hereof (the "Leased Premises"), for the purposes specified in Section 2 below. 1. TERM. The term of this Lease (the "Term") shall begin on (the "Commencement Date"), and shall terminate on December 31 , 2018, unless sooner terminated as provided herein. 2. PURPOSE. The Leased Premises shall be used by Tenant solely for the purposes of Construction, operation and ongoing maintenance of one Disc Golf, a frisbee-like golf game on a basket course, in compliance with all Legal Requirements (as defined in the next sentence) and the terms and provisions of this Lease, and for no other purposes (the "Permitted Use"). For purposes hereof, the term "Legal Requirements" shall mean all present and future laws, rules, orders, ordinances, regulations, statutes, requirements, codes, executive orders, court orders, ruffles of common law, and any judicial interpretations thereof, extraordinary as well as ordinary, of all governmental authorities, and all rules, regulations and government orders with respect thereto, and of any applicable fire rating bureau, or other body exercising similar functions, affecting the Leased Premises or the maintenance, use or occupation thereof, or any street, sidewalk or other property comprising a part thereof, regardless of whether imposed by their terms upon Landlord or Tenant, or the use and occupancy thereof by Tenant. I 3. RENT. A. Base Rent. Tenant agrees to pay to Landlord, as "Base Rent", a one-time payment in the amount of $1 ,500.00 and No(100 Dollars ($ 1 ,500.00). Landlord acknowledges receipt of' such Base Rent. B. Rent. For purposes of this Lease, the term "Rent" shall mean the Base Rent, together with all other amounts due and payable by Ienant to Landlord under this Lease, due upon execution of this Lease. C. Payment of Rent. All Rent due and payable by Tenant under this Lease shall be paid to the following address: Commonwealth Edison Company Real Estate Department & Facilities Three Lincoln Center-4a' Floor Oakbrook Terrace, Illinois 60181 Attn: Manager of Leasing or to such other place as Landlord may from time to time designate in writing. All payments due from 'Tenant hereunder which are not paid when due shall bear interest at a rate equal to nine percent (9%) per annum from the date due until paid (the "Default Rate") , In addition to, and not in lieu of, the foregoing (and any other rights and remedies to which Landlord is entitled under this Lease), in the event that any payment due fiom Tenant hereunder is not paid within five (5) business days of the date that the same is due, then a late fee in the amount of five percent (5%) of the unpaid amount shall be due and payable by Tenant to Landlord. All Rent shall be paid by Tenant without notice or demand, and without any set-off, counterclaim, abatement or deduction whatsoever, in lawful money of the United States by bank check or wire transfer of immediately available fiords. Tenant's obligations to pay Rent are independent of each and every covenant contained in this Lease„ E. Net Lease. Except as otherwise provided in this Lease, the Rent herein shall be absolutely net to Landlord, so that this Lease shall yield, net to Landlord, the Rent in each year during the Term of this Lease and any renewals thereof, and that all costs, expenses and obligations of every kind and nature whatsoever, relating to the Leased Premises which may arise or become due during the 'Term of this Lease or any renewal or extension thereof, or as a result of Tenant's use or occupancy of the Leased Premises, shall be paid by Tenant, and Tenant agrees to indemnify, defend (with cormsel acceptable to Landlord) and hold harmless Landlord from all such costs, expenses and obligations. 4. TAXES. 2 Tenant shall pay the following amounts as "Taxes" to Landlord in each case no later than thirty (30) days after Landlord's written demand therefor: (a) Tenant's proportionate share of the land component of all real estate taxes for each tax parcel of which the Leased Premises is a part for all periods falling within the Tenn, which proportionate share shall be calculated as follows: (i) the total land component of each tax bill for each such real estate tax pat eel which includes any portion of the Leased Premises, multiplied by (ii) a fraction, the numerator of which shall be the acreage of the portion of such tax parcel which falls within the Leased Premises, and the denominator of which shall be the total acreage of such tax parcel; plus (b) All real estate taxes and other assessments which are allocable to any improvements, structures or fixtures constructed, installed, or placed by Tenant at the Leased Premises for all periods falling within the Term, plus (c) Any increase in the real estate taxes and other assessments payable with respect to the Leased Premises (or any tax parcel of which the Leased Premises is a part) which is allocable to this Lease, Tenant's use or occupancy of the Leased Premises, or arty improvements, structures or fixtures constructed, installed or placed by Tenant at the Leased Premises (but without duplication of any amount payable pursuant to clause (b) above), for all periods falling within the Term. For purposes of this Lease, Taxes "for" or "with respect to" any particular period (or portion thereof) shall mean the Taxes which are payable during the calendar year in which any portion of such period falls, irrespective of the fact that such Taxes may have accrued with respect to a different period. Tenant hereby covenants and agrees that Tenant shall, no later than the "Tax Exemption Date" (as hereinafter defined), at Tenant' s sole cost and expense, execute aid deliver all documents, insrments petitions and applications, and take all other actions which may be necessary aid/or appropriate, in order to cause the Leased Premises to be exempted from the payment of real estate taxes, to the extent that it is possible, under applicable Legal Requirements (hereinafter defined), to cause the Leased Premises to be so exempted. hi the event that Tenant is successful in obtaining any such real estate tax exemption for the Leased Premises, then Tenant shall thereafter cause such real estate tax exemption to be continued for each tax year (or portion thereof) during which this Lease is in effect (and Tenant shall execute such documents, instruments, petitions and applications, and take such other actions which may be necessary and/or appropriate, to cause such property tax exemption to be so continued). In the event that Tenant is unsuccessful in obtaining or continuing any such real estate tax exemption with respect to the Leased Premises, then Tenant shall thereafter use commercially reasonable efforts to continue to seek such exemption (or continuance thereof, as applicable) and shall, from time to time if Landlord so requests, take such actions as may be necessary to apply for such exemption (or continuation). For purposes hereof, the term "Tax Exemption Date" shall mean the date that is the earlier of: (i) sixty (60) days after the date of this Lease, or (ii) the deadline for submitting a 3 real estate tax exemption petition or application for the real estate taxes for the year in which this Lease is executed and delivered. 5. CONDITION. Tenant has examined the Leased Premises and knows its condition. Tenant hereby accepts the condition of the Leased Premises in its AS-IS, WHERE-IS CONDITION, WITH ALL FAULTS. No representations as to the condition, repair or compliance with Legal Requirements thereof, and no agreements to make any alterations, repairs or improvements in or about the Leased Premises have been made by or on behalf of Landlord. By accepting possession of the Leased Premises, Tenant shall be conclusively presumed to have accepted the condition thereof' and to have unconditionally waived any and all claims whatsoever related to the condition of the Leased Premises. G. MAINTENANCE; SERVICES AND UTILITIES. A. Tenant agrees at its sole cost and expense, to keep and maintain the Leased Premises in a clean, neat, sanitary and sightly condition and repair, and commensurate with the conditions existing at the time this Lease is executed to Landlord's satisfaction at all times during the Term hereof Without limiting the generality of the foregoing, Tenant shall (subject to the terms and provisions of this Lease) perform any and all necessary paving, grading, landscaping, cutting and mowing of grass and weeds (including all Canadian thistles and other noxious weeds and growths at the Leased Premises) , all at T'enant's sole cost and expense. B. Landlord shall not be responsible for furnishing or providing any services or utilities to the Leased Premises (or any costs or expenses associated therewith), but rather, Tenant shall be responsible, at Tenant's sole cost and expense, for providing all such services and utilities, Landlord has made no representation, warranty or covenant of any kind regarding the availability (or future availability) of any such utilities and services, and no failure to provide or interruption of any such services or utilities or services shall give rise to any right or remedy in favor of Tenant under this Lease. C. Tenant assumes all of the responsibilities normally identified with the ownership of the Leased Premises, including, but not limited to, responsibility for the condition of the Leased Premises, such as the operation, repair, replacement, maintenance and management of the Leased Premises, including, without limitation, repairs to all buildings, steuctures, fixtures, equipment and other property thereat; provided, that (except as expressly set forth below) in no event shall Tenant maintain, repair, gain access to or in any way use or operate any of Landlord's transmission, distribution or comnnunications improvements, fixtures, facilities, machinery, equipment and/or other property owned by Landlord which arse located on, or within, the Leased Premises (collectively, "Landlord's Facilities"). 7, SURRENDER OF LEASED PRE NUS PS; RESTORATION. 4 Tenant agrees that upon termination of the Term of this Lease, whether by expiration or otherwise, Tenant will peaceably quit and surrender the Leased Premises to Landlord, and will, at its sole cost and expense, remove all Tenant's personal property, fixtures, structures and improvements, and will restore and regrade the Leased Premises to substantially the sane condition the Leased Premises were in on the date hereof (other than any improvements, installations and modifications made by Landlord) . This Section shall survive the termination of the Lease. & COMPLIANCE WITH LAWS; WASTE; OTHER COVENANTS OF TENANT, A. General, Tenant, at its sole expense, shall comply, and cause the Leased Premises to comply, with all Legal Requirements. In addition, Tenant covenants and agrees that it will not cornrnit waste, loss or damage to the Leased Premises or any other property of Landlord. R Change in Law. Tenant acluiowledges that Landlord may incur costs as a result of the enactment of new Legal Requirements relating to the Leased Premises, and/or changes in Legal Requirements relating to the Leased Premises. Tenant agrees that any such costs incurred by Landlord for complying with such new or changed Legal Requirements and due in whole or in part to Tenant' s use and/or occupancy of the Leased Premises shall be al expense recoverable by Landlord from Tenant. To the extent any such expense paid by Tenant is subsequently recovered by or reimbursed to Landlord tluough insurance or recovery from responsible third parties or other action, Tenant shall be entitled to a proportionate share (as reasonably determined by Landlord) of such recovery or reimbursement. C. Notice of Violations. Tenant shall immediately provide Landlord with written notice: (i) upon Tenant's obtaining knowledge of any potential or lanown violations of any Legal Requirements relating to the Leased Premises, and/or (ii) of Tenant's receipt of any notice, correspondence, demand or conmrumication of any nature fi-om any governmental authority related to any alleged or actual violation of any Legal Requirements relating to the Leased Premises, D. Height and Other Limitations. The tenant's equipment cannot exceed fourteen ( 14) feet in height on the right-of- way. No vehicles, equipment or anything else (including, but not limited to, any equipment attached to vehicles or equipment such as antennas, and /or any trees, shrubs or other plaits or vegetation plaited or installed at the Leased Premises by Tenant) having a height which exceeds the maximuun allowable height under OSHA's height standards in effect from time to time during the Term, shall be driven, moved or transported on the Leased Premises without Landlord's prior written consent. Tenant shall not allow any activity which could result in a wire to ground electrical contact or damage to towers or poles; such as, flying kites, model airplanes, driving minibikes, go cats and snowmobiles. If Landlord so requests, Tenant will post signs prohibiting such activities. 9. ALTERATIONS. 5 A. Generally. Tenant shall not make any alterations, installations, improvements, additions or other physical changes (collectively, the "Alterations") in or about the Leased Premises without Landlord's prior written consent in each instance, which consent may be granted or denied by Landlord in its sole and absolute discretion. Any Alterations shall be performed: (i) by Tenant, at Tenant's sole cost and expense (and Landlord shall have no duty or obligation with respect thereto), (ii) pursuant to plans and specifications approved in writing by Landlord (in Landlord's sole discretion), (iii) by conhactors and subcontractors approved in writing by Landlord (in Landlord' s sole discretion), (iv) in compliance with all Legal Requirements, and (v) in a good and workmanlike manner, free of all liens. Tenant shall, at Tenant's sole cost and expense, obtain any and all permits and approvals necessary for the performance of any Alterations. During the performance of any Alterations, Tenant shall carry, and shall cause its contractors and subcontractors to carry, such insurance as Landlord shall, in its sole discretion, direct Neither Tenant nor any of Tenant's authorized agents shall, at any time prior to or dwing the Term, directly or indirectly, employ, or permit the employment of, any contractor, mechanic or laborer in the Leased Premises, or permit any materials to be delivered to or used in the Leased Premises, whether in connection with any Alteration or otherwise, if, in Landlord's sole judgment, such employment, delivery or use will interfere or cause any conflict with other contractors, mechanics or laborers engaged in the construction, maintenance or operation of the Leased Premises (or any other properly) by Landlord, Tenant or others, or the use and enjoyment of the Leased Premises by Landlord or other tenants or occupants of the Leased Premises. In the event of such interference or conflict, upon Landlord's request, 'Tenant shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Leased Premises immediately. B. Paving, Filling and Planting. Without limiting the generality of the terms and provisions of Section A above, Tenant acknowledges and confirms that any and all grading, leveling and/or paving of the Leased Premises (or any portion thereof), and any and all planting, seeding and similar activities shall constitute "Alterations" for pruposes of this Lease, and shall be subject to each and all of the terms and provisions relating thereto. In any event, any and all debris from any Alterations of Tenant shall be promptly removed fiom the Leased Premises by Tenant In the event that, in connection with Tenant's Alterations, Tenant elects to fill any low spots on the Leased Premises, only clean fill (defined as not containing debris such as gravel, concrete, tree roots or brick) shall be used prior to the spreading of base fill underlying any paving. No paving or grading work (or similar work) of any kind will be undertaken within a ten (10) foot radius of any tower leg (or similar equipment, improvement or facility) of Landlord. Paving shall be well drained, firm and solid blacktop (or other substance approved in writing by Landlord), and shall be neat and clean in appearance. In addition, and not in lieu of the foregoing, any such grading, leveling, paving, filling and/or planting or seeding of the Leased Premises shall comply with the terms and provisions of Section 12 below. Tenant shall not cause or permit the existing ground grade on the Leased Premises to be increased or decreased in excess of eight inches (8") without Landlord's prior written consent. C. Drainage. Tenant covenants and agrees that no Alterations made by Tenant pursuant to this Lease shall cause any surface water drainage problems for Landlord or 6 any adjoining landowners. In the event that any such water drainage problems are caused by Tenant' s Alterations, Tenant shall correct such problems irmnediately at Tenant's sole cost and expense . D. Fermi. Tenant covenants and agrees that, in the event that Tenant installs (or is required (by Landlord or otherwise) to install) any fencing and/or gates in connection with Tenant' s Alterations at the Leased Premises (or its use or occupancy of the Leased Premises), Tenant install, maintain and operate such fences and/or gates in strict compliance with any and all fencing and loeldng rules, regulations and guidelines which Landlord may deliver to Tenant from time to time prior to or during the Term. B, Barricades. Tenant acknowledges and confirms that, in connection with Landlord's review and/or approval of the plans and specifications for Tenant's Alterations at the Leased Premises (as provided in Section A above), Landlord may require that barricades (`Barricades") be installed on the Leased Premises in order to protect Landlord' s Facilities and/or other equipment, improvements and facilities of Landlord and other users and occupants of the Leased Premises. Any such Barricades shall be installed either (at Landlord's sole option): (i) by Ienant, at Tenant's sole cost and expense, in a manner satisfactory to Landlord, or (ii) by Landlord, in which event Tenant shall pay to Landlord, prior to such installation, Landlord's reasonable estimate of the cost of such installation of the Barricades. Tenant shall install, maintain and operate such Barricades in strict compliance with any and all rules, regulations and guidelines regarding barricades which Landlord may deliver to Tenant from time to time prior to or during the Tenn. F. Soil Removal. Tenant hereby agrees that it will not remove any soil from the Leased Premises without the prior written consent of Landlord. Any soil removed from the Leased Premises to which Landlord consents (as provided in the preceding sentence) shall . become the property of Tenant and shall be: (i) transported and disposed of by Tenant (at its sole cost and expense) in a manner approved in writing by Landlord and in compliance with all Legal Requirements, and (ii) promptly replaced by Tenant at its sole cost and expense, with clean soil not contarninated with Hazardous Substances (as defined in Section 15 below).. G. Third Party Facilities. Tenant hereby aclulowledges that the Leased Premises may be used fiom time to time to accommodate equipment and facilities of other persons and/or entities (including, without limitation, pipeline and utility companies) which are (or will be) located on, above or below the surface of the Leased Premises. Tenant agrees that it will contact any such persons and/or entities holding rights to use and/or occupy the Leased Premises, and provide the proper protection required by such persons or entities, in connection with Tenant's use and occupancy of the Leased Premises. Tenant finther agrees to furnish Landlord copies of the correspondence between the any such persons or entities and Tenant. Tenant agrees that this requirement shall apply to any installations currently located at the Leased Premises and any and all futrue installations within the Leased Premises. 7 H. Supervision. Landlord shall have the right (but not the obligation) to monitor and observe Tenant's performance of any Alterations at the Leased Premises (or any component thereof) and, in the event that Landlord so elects, 'Tenant shall reimburse Landlord for any and all costs of such monitoring and observation, together with a charge for Landlord' s overhead, as determined by Landlord. In the event that Landlord elects to monitor or observe any such work, in no event shall Landlord be deemed to have approved or made any representation or warranty regarding the same. L Notification.. In addition to and not in lieu of, Tenant's other obligations under this Section, Tenant also agrees to notify Landlord's Transmission Engineering, Joseph Landise on Telephone Number 630-576-6958, at least forty eight (48) hours prior to the commencement of any Alterations at the Leased Premises. 10. INDEMNITY. To the maximum extent permitted under Legal Requirements, Tenant agrees to protect, indemnify, defend (with counsel acceptable to Landlord) and hold harmless Landlord and Exelon Corporation, a Pennsylvania corporation, and their respective parents, subsidiaries and affiliates, and their respective officers, directors, shareholders, employees, representatives, agents, contractors, licensees, lessees, guests, invitees, successors and assigns (collectively, the "Indemnified Parties") from and against any and all losses, costs, damages, liabilities, expenses (including, without limitation, reasonable attorneys' fees) and/or injuries (including, without limitation, damage to property and/or personal injuries) suffered or incurred by any of the Indemnified Parties (regardless of whether contingent, direct, consequential, liquidated or unliquidated) (collectively, "Losses"), and any and all claims, demands, suits and causes of action brought or raised against any of the Indemnified Patties (collectively, "Claims"), arising out of, resulting from, relating to or connected with: (i) any act or omission of Tenant or its officers, directors, shareholders, employees, representatives, agents, contractors, licensees, lessees, guests, invitees, successors and assigns (collectively, "Tenant Group") at, on or about the Leased Premises, and/or (ii) any breach or violation of this Lease on the part of 'Tenant, and notwithstanding anything to the contrary in this Lease, such obligation to indemnify, defend and hold harmless the Indemnified Parties shall suuvive any termination of this Lease. This indemnification shall include, without limitation, claims made under any workman's compensation law or under any plan for employee's disability and death benefits (including, without limitation, claims and demands that may be asserted by employees, agents, contractors and subcontractors). 11. WAIVER. Any entry onto the Leased Premises by Tenant and, to the extent permitted by law, each and every member of the Tenant Group, shall be at such parties' sole risk, and Landlord makes (and has heretofore made) no representations or warranties of any kind whatsoever regarding the Leased Premises or the condition of the Leased Premises (including, without limitation, the environmental condition thereof).. To the fullest extent permitted by law, Tenant 8 and each member of the Tenant Group hereby waives any and all claims, demands, suits and causes of action against the hidenurified Parties, and fully and forever releases the hrdenmified Parties, for any loss, cost, damage, liability or expense (including, without limitation attorneys' fees) suffered or incurred by Tenant or any member of the Tenant Group in connection with any entry onto the Leased Premises pursuant to this Lease. Without liuniting the generality of the foregoing, in no event shall any of the Indenurified Parties be responsible or liable for any loss, damage, destruction, theft or misappropriation of any of the property of Tenant or any member of the Tenant Group, This Section will survive termination of the Lease.. 12 DIGGING WORK. If T erilrrt performs any grading, leveling, digging or excavation work on the Leased Premises (which work shall be subject to Landlord's prior written approval), Tenant will notify .LU1.I.13, at telephone number (800) 892-0123, C.U.A.N. at (312) 744-7000 if the Leased Premises are located in the City of Chicago, or in the event the Leased Premises are located outside J.U.L.I.E.'s or C.U.AN. ' s jurisdiction, any other services required by the utilities in the jurisdiction, at least seventy-two (72) hours prior to the commencement of such work in order to locate all existing utility lines that may be present on the Leased Premises, If Tenant damages vry such underground facilities in the course of its work, Tenant will promptly reimburse Landlord or the owner of such equipment or facilities for any and all expense incurred in repairing or replacing such damage. 13. CASUALTY. In the event of any damage to or destruction of the Leased Premises, by fire or other casualty, which materially and adversely affects Tenant's use and enjoyment of the Leased Premises for the purposes specified in this Lease, then either Landlord or Tenant shall have the right, no later than ninety (90) days after such party becomes aware of such damage or destruction, to terminate this Lease upon sixty (60) days' prior written notice to the other. In the event of any damage or destruction which is not so extensive, or in the event that Landlord and Tenant elect not to terminate this Lease pursuant to the preceding sentence, then this Lease shall continue in full force and effect, and Tenant will promptly and diligently, at its sole cost and expense, repair, restore, rebuild and replace the Leased Premises (and all improvements, fixtures, equipment and property thereat) as nearly as possible to the condition they were in immediately prior to such damage or destruction. Any such work shall be done in a manner satisfactory to Landlord, and in accordance with all Legal Requirements and the terms and provisions of this Lease, Landlord shall not be liable or responsible for any loss or damage caused to any property of Tenant or any member of the Tenant Group (including, without limitation, any such loss or damage caused by fire, vandalism or other casualty) at any time curing the Term hereof. 14. CONDEMNATION. If the Leased Premises, or a substantial part thereof, or a portion which prevents use of the Leased Premises for the purposes specified herein, shall be taken or condemned by any 9 competent authority for any public use or purpose, the Term shall end on the date when the possession of the part so taken shall be required for such use or purpose, and without apportionment of any condemnation award or proceeds (it being ruiderstood that Landlord shall be entitled to the entire amount of any such award or proceeds, and Tenant shall have no right to share theiein). Then current Rent shall be apportioned as of the date of such termination.. 15. ENVIRONMENTAL PROTECTION. A. General. Tenant covenants and agrees that Tenant shall conduct its operations on the Leased Premises in compliance with all applicable Environmental Laws (as hereinafter defined) and further covenants that neither Tenant not any member of the Tenant Group shall use, bring upon, transport, store, keep or cause or allow the discharge, spill or release (or allow a tlueatened release) in each case of any Hazardous Substances (as hereinafter defined) in, on, under or from the Leased Premises. Without limiting any other indenmification obligations of Tenant contained herein, Tenant hereby agrees to protect, indemnify, defend (with counsel acceptable to Landlord) and hold harmless the Indemnified Parties from and against any and all Losses and Claims (including, without limitation, (i) reasonable attorneys' fees, (ii) liability to thud parties for toxic torts and/or personal injury claims, (iii) fines, penalties and/or assessments levied or raised by any governmental authority or court, and (iv) assessment, remediation and mitigation costs and expenses and natural resource damage claims) arising out of, resulting from or connected with any Hazardous Substances used, brought upon, transported, stored, kept, discharged, spilled or released by Tenant, any member of the Tenant Group or any other person or entity (except for any person or entity which is an Indemnified Party) in, on, under or from the Leased Premises. For pruposes of this Lease, the term "Hazardous Substances" shall mean all toxic or hazardous substances, materials or waste, petroleum or petroleum products, petroleum additives or constituents or any other waste, contaminant or pollutant regulated under or for which liability may be imposed by any Environmental Law. "Environmental Laws" shall mean all federal, provincial, state and local environmental laws (including common law) regulating or imposing standards of care with respect to the handling, storage, use, emitting, discharge, disposal or other release of Hazardous Substances, including, but not limited to, the Resource Conservation and Recovery Act of 19'76, 42 U.S.C. § § 6901 et seq., the Clean Air Act, 42 U.S.C. §§7401 , et seq., the Federal Water Pollution Control Act, 33 U.S.C. § § 1251 , et seq., the Emergency Planning and Community Right to Know Act, 42 U.S.C. §§ 1101 , et seq., the Comprehensive Environmental Response, Compensation and Liability Act of" 1980, 42 U.S„C,. § § 9601 et seq., the Toxic Substances Control Act, 15 U.S.C. §§2601 , et seq., the Oil Pollution Control Act, 33 U.S .C. § §2701 , et seq., any successor statutes to the foregoing, or any other comparable local, state or federal statute or ordinance pertaining to protection of hrunan health, the environment or natural resources, including without limitation the preservation of wetlands, and all regulations pertaining thereto, as well as applicable judicial or administrative decrees, orders or decisions, authorizations or permits. B. Wetlands. If there are wetlands on the Leased Premises, or if wetlands should develop on the Leased Premises during the Term, Tenant shall strictly comply with and observe all applicable Environmental Laws. At Landlord's request, Tenant, at its cost, shall 10 furnish Landlord with a survey of the Leased Premises delineating any wetland areas located on the Leased Premises. Under no chemnstances shall Tenant change the physical characteristics of any wetland areas located on the Leased Premises or any adjoining land or place any fill material on any portion of the Leased Premises or adjoiuing land, without in each instance obtaining Landlord's prior written consent (which may be granted or withheld in Landlord's sole discretion), mid only then in compliance with applicable Environmental Laws. C. Notice of Violation/Release.. Tenant shall provide Landlord with prompt written notice upon Tenant's obtaining knowledge of the existence of any Hazardous Substances on, in or wider° the Leased Premises in violation of Environmental Laws, or of any potential or known release or threat of release of any Hazardous Substances affecting the Leased Premises. D, Survival. This Section shall survive the expiration or other termination of the Lease. 16. INSURANCE. Tenant agrees to require its contractors, before commencing any work on the Leased Premises to purchase and maintain, or at the option of Tenant to itself purchase and maintain, at the cost of Tenant or its contractors, a policy or policies of insurance issued by insurance companies authorized to do business in the State of Illinois, having ratings of A-/VII or better in the Best's K,ey Rating Insurance Guide (latest edition in effect at the latest date stated in the Certificates of Insurance) and in a form satisfactory to Landlord as follows: COVERAGE # 1 Workers' Compensation Insurance with statutory limits, as required by the state in which the work is to be performed, —aid Employers' Liability Insurance with limits not less than One Million dollars ($ 1 ,000,000.00) each accident/occu hence COVERAGE #2 Commercial General Liability (CGL) Policy or Policies (with coverage consistent with ISO CG 0001 (12 04)) covering all contractors, subcontractors and all their subcontractors with limits not less than Four Million dollars ($4,000,000.00) covering liability for bodily injury and property damage arising from premises, operations, independent contractors, personal injury/advertising injury, blanket contractual liability and products/completed operations for not less than three (3) yeas fiom the date the work is accepted. (CGL insurance includes, but is not limited to coverage for claims against Landlord for injuries to employees of Tenant and its contractors or any subcontractors) Landlord shall be added as an Additional Insured providing coverage consistent with ISO Form I CG 20 26 11 85 or the combination of ISO Form CG 20 10 10 01 and CG 20371001 , Tenant will, in any event, purchase and maintain during the term hereof', COVERAGE #3 (i) Commercial General Liability (CGL) Insurance (with coverage consistent with ISO CG 00 01 12 04) with a limit of not less than four million dollars ($4,000,000) covering liability for bodily i iiny and property damage, arising from premises, operations, independent contractors, personal injury/advertising injiny, blanket contractual liability and products/completed operations (CGL insurance includes, but is not limited to coverage for claims against Landlord for injiuies to employees of 'Tenalrt and its contractors or any subcontractors) (iii) Automobile Liability in an amount of not less than $ 1 ,000,000 per accident for bodily injury and property damage, covering all owned, leased, rented or non- owned vehicles, which shall include automobile contractual liability coverage. Tenant may substitute lower limits for any of the policies listed above, provided that Tenant maintains an umbrella or excess liability policy or policies which provide a total minimum limit of $ 1 ,000,000.00 for automobile liability and $4,000,000.00 for general liability, and that all other requirements of this insurance clause are satisfied by such umbrella or excess policy or policies. There shall be furnished to Landlord, prior to commencing the work above described a certificate of insurance showing the issuance of insurance policies pursuant to the requirements contained in Coverages #1 and 42 of this paragraph which policies shall be held by Tenant and shall be delivered to Landlord upon written request. Insurance coverage as required herein shall be kept in force until all work has been completed. Tenant shall provide evidence of the required insurance coverage under Coverage #3, which shall be delivered to Landlord upon execution of this document. The insurance under Coverage #3 shall be kept in force through the term hereof through the above-referred policy, or such subsequent or substitute policy or policies as Tenant may, at its discretion, obtain. Insurance coverage provided by Tenant and its contractors shall not include any of the following; any claims made insurance policies; any self-insured retention or deductible amount greater than two hundred fifty thousand dollars ($250,000) unless approved in writing by Landlord; any endorsement limiting coverage available to Landlord which is otherwise required by this Article; and any policy or endorsement language that (i) negates coverage to Landlord for Landlord's own negligence, (ii) limits the duty to defend Landlord under the policy, (iii) provides coverage to Landlord only if Tenant or its contractors are negligent, (iv) permits recovery of 12 defense costs from any additional insured, or (v) limits the scope of coverage for liability assumed under a contract. To the extent permitted by applicable Laws, all above-mentioned insurance policies shall provide the following: (1 ) Be primary and non-contributory to any other insurance carried by Landlord (2) Contain cross-liability coverage as provided under standard ISO Forms' separation of insureds clause; and (3) Provide for a waiver of all rights of subrogation which Tenant' s, or its Contractors' insurance carrier might exercise against Landlord; and (4) Any Excess or Umbrella liability coverage will not require contribution before it will apply Landlord hereby reserves the right to amend, correct aid change from time-to- time the limits, coverages and forms of polices as may be required from Tenant and/or its contractors. WAIVER OF SUBROGATION Tenant and its contractors shall waive all rights of subrogation against Exelon under those policies procured in accordance with this Lease. 17, ZONING. Tenant hereby acknowledges that Landlord has made no representations that the Leased Premises may be used or is properly zoned for the Permitted Use, and Tenant further agrees that it will (at its sole cost and expense) obtain all necessary permits and other- approvals prior to undertaking the Permitted Use. Tenant assumes all obligations and responsibilities for compliance with all Legal Requirements including, without limitation, all applicable zoning laws and ordinances, building codes and governmental regulations. This Lease is not preconditioned on Tenant obtaining any zoning or use permits or approval. This Lease does not constitute the authority to seek a zoning change to permit the Permitted Use, and in no event shall Tenant seek or apply for any such zoning change to the Leased Premises without Landlord's prior written consent, 18. NO SIGNS. Tenant shall not place or permit to be placed by any person or entity (other than Landlord) on the Leased Premises any signs or billboards (including, without limitation, any advertising signs or billboards). However, Tenant may place basket number signs on the Lease premises subject to review and written approval. 13 19. DAMAGE TO LANDLORD'S FACILITIES. Tenant agrees that in the event any work done by or on behalf of the Tenant on the Leased Premises causes damage to Landlord's Facilities, Tenant will promptly reimburse Landlord for any and all expense incurred for the repairing or replacement of such damage, within thirty (30) days, after presentation to Tenant of Landlord's statement therefor.. 20. DEFAULT. A. In the event that any of the following shall occur (each, a "Default"): (i) Tenant shall at any time fail to make any payment of Rent (or any portion thereof) or any other payments required of Tenant hereunder when required, and such failure continues f'or a period of more than ten (10) days (without necessity of any notice or demand therefor); or (ii) Tenant shall breach or violate any of its duties or obligations set forth in Section 7 (Surrender of Leased Premises; Restoration), Section 16 (Insurance), Section 22 (Covenants Against Liens), Section 23 (Assignment and Subletting) or Section 31 (Subordination; Estoppel) of this Lease; or (iii) Tenant shall at any time be in default in any other covenants and conditions of this Lease to be kept, observed and performed by Tenant, which and such default continues for more than thirty (30) days (or such shorter time period as may specifically be set for th in this Lease) after notice from Landlord; or (iv) this Lease or 'Tenant' s interest therein, or any interest in Tenant, shall be assigned, transferred, mortgaged or pledged, levied on or attempted to betaken by execution, attachment or other process of law, or if any execution or attachment shall be issued against Tenant, or any of Tenant's property in the Leased Premises shall be taken or occupied or attempted to be taken or occupied by someone other than Tenant; or 14 (v) a receiver, assignee or trustee shall be appointed for Tenant or Tenant's property or if the Tenant shall file bankruptcy, or if involuntary bankruptcy proceedings shall be filed against Tenant; or (vi) Landlord shall receive notice of any alleged violation of any Legal Requirements resulting from or in any way comeected with Tenant's use of the Leased Premises and such violation is not cured (and all liabilities connected therewith fully satisfied) by Tenant prior to the earlier of (a) the last day of the period permitted by law for curing such violation or (b) the first date Landlord becomes subject to any fine, penalty, lien, judgment, order or other liability due to the continued existence of such violation; or (vii) Tenant shall abandon the Leased Premises or vacate same during the initial Term or any Renewal Tema (as defined in Section 29) hereof, then in any of said cases, Landlord may do any, or all of the following (all of which remedies shall be cmnulative and not exclusive, and all of which remedies shall be in addition to, and not in lieu of, any other rights and remedies to which Landlord may be entitled tinder this Lease, at law or in equity): (a) Enter into the Leased Premises, and remove Tenant's properly and effects therefrom, and/or take and hold possession thereof, without such entry and/or possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligations to pay Rent and perform all its other obligations hereunder for the full Term, and to relet the Leased Premises or any part or parts thereof, either in the name of for the account of Landlord or Tenant, for such rent and for such term and terms as Landlord may see fit, which term may at Landlord' s option extend beyond the balance of the Term of this Lease. Except to the extent required under applicable Legal Requirements, Landlord shall not be required to accept any tenant offered by Tenant or to observe any instructions given by the Tenant about such reletting. In any case, Landlord may make such repairs, alterations and additions in or to the Leased Premises as it sees fit. Ienant shall pay Landlord any deficiency between the Rent hereby reserved and covenanted to be paid and the net amount of the rents collected on such reletting, for the balance of the Term of this Lease, as well as any expenses incurred by Landlord in such reletting, including, but not limited to attorney's fees, broker fees, the expenses of repairing, altering the Leased Premises, and otherwise preparing the same for re-rental. All such costs, other than the rental, shall be paid by Tenant upon demand by Landlord. Any deficiency in rental amounts shall be paid in monthly installments, upon statements rendered by Landlord to Tenant, unless Landlord has declared the entire Rent for the balance of the Term due, as elsewhere in this Lease provided. (b) Require that upon any termination of this Lease, whether by lapse of time, the exercise of any option by Landlord to terminate the same, or in any other manner 15 whatsoever, or upon any termination of Tenant's right to possession without termination of this Lease, the Tenant shall at once surrender possession of the Leased Premises to the Landlord and immediately vacate the same and remove all effects therefrom, except such as may not be removed turder other provisions of this Lease. If Tenant fails to do so, Landlord may forthwith re-enter the Leased Premises, with or without process of law, and repossess itself thereof as in its former estate and expel and remove Tenant and any other, persons and property therefrom, using such force as may be necessary without being deemed guilty of trespass, eviction or forcible entry, without thereby waiving Landlord's rights to Rent or any other rights given Landlord under this Lease or at law or in equity; (c) Remove, at its option if the Tenant shall not remove all effects fiom the Leased Premises in this Lease as provided, any or all of such effects in any manner that Landlord shall choose and store the same without liability for loss thereof, and 'Tenant will pay Landlord, upon demand, any and all expenses incurred in such removal and also storage of said effects for any length of time dining which the same shall be in Landlord' s possession or in storage, or Landlord may at its option, without, notice sell any or all of said effects in such manner and for such price as the Landlord may deem best and apply the proceeds of such sale upon any amounts due under this Lease from the Tenant to Landlord, including the expenses of removal and sale; (d) Collect fiom Tenant any other loss or damage Landlord may sustain by reason of any breach (including, without limitation, the unamortized portion of any brokerage fee or commission paid by or on behalf of Landlord to any broker or finder with respect to this Lease) and any diminished value of the Leased Premises resulting fiom said breach; (e) Enjoin any such breach of this Lease by 'Tenant; and/or (f) Take any and all corrective actions Landlord deems necessary or appropriate to cane the default of Tenant in question and charge the cost thereof to Tenant, together with (g) interest at the Default Rate, and (ii) an administrative charge in an amount equal to ten percent (10%) of the cost of the corrective action to defray part of the administrative expense incurred Landlord in administering such clue, such payment to be made by Tenant upon Landlord's presentment and demand therefor. B. Except as specifically provided in this Section Tenant expressly waives the service of any notice of intention to terminate this Lease or to terminate Tenant's right of possession of' the Leased Premises or to re-enter the Leased Premises and waives the service of any demand for payment of Rent or for possession and waives the service of any and every other notice or demand prescribed by any statute, law or ordinance and agrees that the simple breach of any of the covenants of this Lease (beyond any applicable notice and cure periods) shall, of itself, without the service of any additional notice or demand whatsoever, at Landlord's option, constitute a default on the part of Tenant. No receipt of monies by the Landlord from or for the account of Tenant or from anyone in possession or occupancy of the Leased Premises after termination in any way of this Lease or after the giving of any notice, shall reinstate, constitute or extend the term of this Lease or affect any notice given to the Tenant prior to the receipt of' such 16 money, it being agreed that after the service of notice of the commencement of a suit, or after final judgment for possession of the Leased Premises, Landlord may receive and collect any Rent or other amounts due Landlord and such payment not waive or affect said notice, said suit, or said judgment. C. Any and all rights and remedies which Landlord may have under this Lease at law or in equity, shall be cumulative and shall not be deemed inconsistent with each other, and any two or more or all of said rights and remedies may be exercised at the same time or at different times and from time to time. D. If Landlord is required to incur expense, either legal, incidental, or consequential, because of the breach of this Lease by Tenant, the Tenant shall promptly reimburse Landlord for such expense upon being given a written itemization and explanation thereof. In the event of conunencing a court action as a result of any breach, it is agreed that such expenses are to be considered a part of the damages claimed in said action and any expense incurred in prosecuting that action shall be included. It is agreed that the term "expenses" as used herein shall include, but not be limited to, attorney's fees, court costs, district justice costs, and any and all other costs and expenses reasonably related to such breach. E. The failure of Landlord to enforce rights under this Lease on one or munerous occasions shall not affect the Landlord's ability to enforce that right on any subsequent occasion or occasions. F. Upon the occurrence of a Default or any breach or default under this Lease by Tenant, Tenant shall be liable for aril shall reimburse Landlord upon demand for all reasonable attorney's fees and costs incurred by Landlord in enforcing Tenant's obligations under this Lease, whether or not Landlord files legal proceedings in connection therewith. & In the event that a Default shall occur and Landlord elects to terminate this Lease, or upon expiration of this Lease, Tenant shall not be relieved of its duties or obligations under this Lease so long as Tenant or any, of Tenant' s property remains on the Leased Premises. Additionally, any rights and obligations created under or by this Section shall survive termination or expiration of this Lease. FI . In the event of a tlueatened breach by Tenant of any of the covenants or provisions of this Lease, Landlord shall (without limiting any of Landlord's other rights or remedies hereunder, at law or in equity) have the right to enjoin any such tlueatened breach. 21 . LIMITATION ON LIABILITY. It is expressly understood and agreed by Tenant that none of Landlord's covenants, undertakings or agreements continued in this Lease are made or intended as personal covenants, undertakings or agreements by Landlord or any entity which is affiliated with Landlord its parent or subsidiaries. Tenant specifically agrees to look solely to Landlord' s interest in the Leased Premises for the recovery of any stuns, damages, awards or judgments from 17 Landlord. It is agreed that neither Landlord, nor any entity which is affiliated with Landlord (nor any of their respective parents or subsidiaries, nor any of thew respective shareholders, venturers, officers, directors or employees) shall be personally liable for any such sums, damages, awards or judgments. This Section will survive termination of the Lease. 22, COVENANTS AGAINST LIENS. Tenant hereby covenants and agrees that it will not cause or permit any lien (including, without limitation, any mechanic's lien) or claim for lien to be asserted against the Leased Premises or any interest therein, whether such lien or claim for lien results fiom or arises out of any act or omission of"Tenant or any member of the Tenant Group or otherwise. In the event any such lien or claim for lien is filed, Tenant will immediately pay and release the same. In the event such lien or claim of lien is not released and removed within five (5) days after notice fiom Landlord, Landlord, at its sole option and in addition to any of its other rights and remedies, may take any and all action necessary to release and remove such lien or claim of lien (it being agreed by Tenant that Landlord shall have no duty to investigate the validity thereof), and Tenant shall promptly upon notice thereof reimburse Landlord for all summs, costs and expenses, including court costs and reasonable attorneys' fees and expenses, incurred by Landlord in connection with such lien or claim of lien. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all liens or claims for lien arising out of or in any way connected with Tenant's use and occupancy of the Leased Premises. Any rights and obligations created under or by this Section shall survive termination or expiration of this Lease. 23. ASSIGNMENT AND SUBLETTING. Tenant shall not, directly or indirectly, assign, mortgage, pledge, encirrnber, or otherwise transfer this Lease (or any interest of Tenant herein), whether by operation of law or otherwise, and shall not sublet (or underlet), or permit, or suffer the Leased Premises or any part thereof to be used or occupied by others, without Landlord's prior written consent in each instance, which consent may be granted or denied by Landlord in its sole and absolute discretion. Any assignment, sublease, mortgage, pledge, encumbrance or transfer by Tenant in contravention of the provisions of this Section shall be void. For purposes of this Lease any transfer, directly, indirectly or by operation of law, of a "controlling" interest in Tenant shall constitute an assignment of this Lease, and shall be subject to the terms and provisions of this Section. For purposes hereof, a "controlling" interest in 'Tenant shall mean: (a) the ownership, directly or indirectly, of a majority of the outstanding voting stock or interests of Tenant, or (b) the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of Tenant, whether tluough the ownership of' voting secinities or other ownership interests, by statute, or by contract. 24. TERMINATION. 18 Prior to the end of the Term, this Lease may be terminated at any time by either of the parties hereto by giving ninety (90) days prior written notice to the other party of such termination. This Lease may also be terminated by Landlord, if Landlord is required to do so by a regulatory body, by a court of competent jurisdiction or Legal Requirements. In the event this Lease is terminated for any reason, any Rent paid in advance shall be prorated to the effective date of such termination and the tnearned portion thereof refrmded to Tenant.. 25. LANDLORD'S RIGHTS. The rights of the Landlord to utilize the Leased Premises in its utility business will, at all times, be and remain paramoturt to the rights herein granted to Tenant by Landlord and nothing stated herein is to be construed as restricting Landlord from grunting rights to other parties or persons in, upon or under the Leased Premises. Without limiting the generality of the foregoing, the parties specifically refer to rights relating to sewers, water pipes and mains, drainage tiles and pipes, gas main and pipelines and other associated uses. In addition, Landlord shall have the right to enter upon the Leased Premises at any time and from time to time to show the wine to prospective tenants, mortgagees and/or purchasers, and to place "For Rent" and/or "For Sale" signs thereon. 26. RIGHT OF ENTRY. Tenant agrees that Landlord and Landlord's agents, representatives, employees, contractors, licensees, invitees, tenants, successors and assigns (collectively, "Landlord Parties"), shall have the right to enter the Leased Premises at any time Landlord deems necessary, to alter, modify, augment, supplement, improve, upgrade, use, operate, repair, replace, install, construct, maintain or protect Landlord's Facilities. Landlord has the right to require Tenant to remove and relocate any paving, improvements or property owned or used by Tenant at the Leased Premises, in connection with the use, operation, nnahrtenance, repair, installation and/or removal of Landlord's Facilities by any Landlord Party, and/or or in cormection with any other use (present or firture) of the Leased Premises by the Landlord Parties, all of which removal and relocation shall be at Tenant' s sole cost and expense. In the event that Tenant fails to remove and/or relocate any such paving, improvements or property upon notice from Landlord, then Landlord shall have the right (but not the obligation) to remove such paving, improvements or property on Tenant's behalf, and at Tenant's cost, and Tenant shall promptly reimburse Landlord for any costs and expenses paid or incurred by Landlord in connection therewith . Tenant agrees that it will cooperate with Landlord in connection with any entry on, and work at, the Leased Premises by the Landlord Parties, and shall coordinate Tenant's use of the Leased Premises with any rise of the Leased Premises by any of the Landlord Parties. Landlord shall not in any event be liable for inconvenience, disruption, disturbance, loss of business or other damage to Tenant by reason of any entry on, or work at, the Leased Premises by any Landlord Party, or on account of bringing materials, supplies, and equipment into or through the Leased Premises. Tenant understands that the business of the Landlord involves, among other things, the construction, installation, maintenance, operation, and use of Landlord's Facilities now or which may hereafter be erected or installed upon, along, on, over, across or under the Leased Premises, or property adjacent 19 thereto, which are used or useful in connection with the generation, conversion, transmission or distribution of electricity and gas and communications services. Tenant covenants and agrees (as a specific condition of this Lease) that Tenant and each member of the Tenant Group will not, under any cirerunstances whatsoever, touch, handle, tamper with or contact, duectly or indirectly, any of the Landlord's Facilities, nor damage, destroy, interfere with, obstruct or otherwise adversely affect, Landlord's Facilities. Tenant hereby acknowledges that the Leased Premises may be used from time to time to accommodate equipment and facilities of other persons and/or entities (including, without limitation, pipeline and utility companies) which are (or will be) located on, above or below the surface of the Leased Premises. Tenant agrees that it will contact any such persons and/or entities holding rights to use and/or occupy the Leased Premises, and provide the proper protection required by such persons or entities, in connection with Tenant's use and occupancy of the Leased Premises. Tenant fruther agrees to furnish Landlord copies of the correspondence between the any such persons or entities and Tenant, Tenant agrees that this requirement shall apply to any installations currently located at the Leased Premises and any and all future installations within the Leased Premises, 27, LANDLORD'S RIGHT TO TRANSFE, R. This Lease shall not in any manner or to any extent limit or restrict the right of Landlord to use or dispose of the Leased Premises as Landlord may in its discretion desire, subject to rights of Tenant hereunder. Landlord shall have the right, without notice to or consent from Tenant, to assign this Lease to any person or entity who succeeds (directly, indirectly or by operation of law) to any of Landlord' s right, title or interest in or to the Leased Premises. 28. TENANT'S PROPERTY. It is expressly rmderstood and agreed that all equipment and other personal property that Tenant may install upon the Leased Premises during the Term shall remain the property of Tenant and shall be removed by Tenant (as set forth in Section 7 hereof), at its sole cost and expense, at the expiration of the term of this Lease or at any time prior thereto. 29. RENEWAL. Landlord shall have the right, in its sole discretion, to extend the Term for [2] consecutive [10] year periods (each being referred to herein as a "Renewal Term"). In the event that Landlord, in its sole discretion, decides to extend the Term for a Renewal Term, Landlord shall provide notice to Tenant, at least one hundred eighty (180) days prior to the end of the Term or the then current Renewal Term (as applicable) (the "Renewal Notice"). The Renewal Notice shall be in the form attached hereto as Exhibit "13" and made a part hereof and shall provide for certain terms and conditions to be incorporated as part of the Lease with respect to such Renewal Term. Tenant shall then have the option of accepting or rejecting the terms and conditions contained in the Renewal Notice in total by returning a signed and dated Renewal Notice to Landlord within thirty (30) days after the date of the Renewal Notice with either the "Accept" or the "Reject" box marked (the "Tenant Response Period") in accordance with the notice 20 provisions contained Inerehn. The Lease shall be deemed to be renewed for the applicable Renewal Term rider the terms and conditions contained in applicable Renewal Notice in each of the following events: (a) Tenant signs, dates and retruns Renewal Notice with the Accept box marked; or (b) Tenant does not return Renewal Notice within Tenant Response Period. The Lease shall not renew in accordance with Renewal Notice and shall expire at the end of the Tenn or the then crurent Renewal Term (as applicable) in accordance with the terns and provisions of the Lease in each of the following events: (A) Tenant returns Renewal Notice to Landlord with the Reject box marked; or (B) Tenant makes any changes to the terms and conditions of the Renewal Notice. Subject to the provisions set forth above, in the event that the Lease is renewed, the Renewal Term will be upon the same terms, covenants and conditions contained in the Lease (as modified by the terns and conditions contained in the Renewal Notice), except that any reference in the Lease to the Term will be deemed to include the applicable Renewal Term. In addition, Tenant will be deemed to have accepted the Leased Premises in "as-is" condition as of the commencement of each Renewal Term, it being understood that Landlord will have no additional obligation to renovate or remodel the Leased Premises as a result of Tenant's renewal of the Lease. 30. HOLDING OVER. Tenant shall have no right to remain in possession of all or any part of the Leased Premises after the expiration of the Term or any Renewal Tenn (as applicable) unless such Tern or Renewal Terns is renewed in accordance with the terms and conditions of Section 29. In the event that Tenant remains in possession of all or any part of the Leased Premises after the expiration or earlier termination of the Term or any Renewal Tern (as applicable), at Landlord's option (exercised by giving Tenant written notice): (a) such tenancy shall be deemed to be either (at Landlord's sole option) a periodic tenancy from month-to-month only, or a tenancy at sufferance terminable at will by Landlord, or a renewal of this Lease for an additional [1 ] year term; (b) such tenancy shall not, unless Landlord otherwise elects (as set forth above), constitute a renewal or extension of this Lease for any further Term or Renewal Term; and (c) such tenancy may be terminated by Landlord upon the earlier of thirty (:30) days' prior written notice or the earliest date permitted by law,. In the event Tenant remains in possession after the expiration or earlier termination of the Term or any Renewal Term (as applicable), then: (i) Landlord shall have the right to charge Tenant a monthly Base Rent equal to Landlord's estimate (as determined 21 by Landlord in its sole discretion) of two hundred percent (200 1/14) of the fair market monthly rental value of the Leased Premises, and any other sums due under this Lease shall be payable in the amount and at the times specified in this Lease, and (ii) Tenant agrees to indemnify, defend (with counsel acceptable to Landlord) and hold the Indemnified Parties harmless corn and against any and all Losses and Claims sustained, incurred and/or brought against any of the Indemnified Parties by reason of such retention of possession of the Leased Premises (which may include, without limitation, any Claims made by any actual or prospective subsequent lessee or other user or occupant of the Leased Premises or any portion thereof). Any such month-to-month tenancy or tenancy at sufferance shall be subject to every other term, condition, and covenant contained in this Lease. 31. SUBORDINATION; ESTOPPEL. A. This Lease and the rights of Tenant herenmder shall be and are hereby made expressly subject and subordinate at all times to the lien of any mortgage now or hereafter existing against all or any portion of the Leased Premises. Tenant acknowledges that its title is and always shall be subordinate to the title of the owner of the Leased Premises and nothing herein contained shall empower Tenant to do any act which cur, shall or may encumber the title of the owner of the Leased Premises. In confirmation of such subordination, Tenant shall promptly execute and deliver any instrument that Landlord or any mortgagee of Landlord may request to evidence such subordination no later than ten (10) business days after Landlord's request therefor. If any mortgagee of Landlord (or its successors of assigns), or any other person or entity, shall succeed to the rights of Landlord under this Lease, whether through possession or foreclosure action or delivery of a new lease or deed, then at the request of such party so succeeding to Landlord' s rights ("Successor Landlord") and upon Successor Landlord's written agreement to accept Tenant' s attornment, Tenant shall attorn to and recognize Successor Landlord as Tenant's Landlord under this Lease, and shall promptly execute and deliver any instrument that Successor Landlord may reasonably request to evidence such attornment. Upon such attornment this Lease shall continue in full force and effect as, of as if it were, a direct lease between Successor Landlord and Tenant upon all of the terms, conditions and covenants as are set forth in this Lease and shall be applicable after such attornment. B.. Tenant agrees, at any time and from time to time, as requested by Landlord, upon not less than ten (10) days' prior notice, to execute and deliver to Landlord a written statement executed and acknowledged by Tenant, (a) stating that this Lease is then in fidl force and effect and has not been modified (or if modified, setting forth all modifications), (b) setting forth the Base Rent, (c) setting forth the date to which the Rent has been paid, (d) stating whether or not, to the best knowledge of the Tenant, Landlord is in default under this Lease, and if so, setting forth the specific nature of all such default, (e) stating whether there are any subleases affecting the Leased Premises, (f) stating the address of Tenant to which all notices and communication under the Lease shall be sent, and the Commencement Date, and (g) containing any other matters reasonably requested by Landlord. Tenant aelmowledges that any statement delivered pursuant to this paragraph may be relied upon by others with whom Landlord may be 22 dealing, including any purchaser of owner of the Leased Premises, or of Landlord's interest in 'the Leased Premises or any lender or mortgagee of Landlord. 32. MISCELLANEOUS. A. Illinois Commerce Conmvssion Approval. Landlord and Tenant acknowledge that Landlord is a public utility regulated by the Illinois Coin rcice Commission ("Cormmission") and other governmental authorities, and this Lease and the obligations of the parties hereto are subject to all Legal Requirements applicable to Landlord as a public utility. Although it is not expected that the Conunission' s or other governmental authorities' approval will be required for this Lease, the rights and obligations of the polies herermdei are conditioned upon the Connnission' s and any other applicable govermnental authorities' approval of this Lease, under any ciieurnstances in which such approval is required. It is further agreed and understood that this Lease may be terminated by Landlord inunediately at any time in the event that Landlord is required to do so by the Commission or some other governmental authority. B . Notices.. Whenever notice is required to be given pursuant to this Lease, the same shall be either personally delivered, sent by a nationally recognized overnight delivery service, postage prepaid, or sent via United States certified mail, return receipt requested, postage prepaid, and addressed to the parties at their respective addresses as follows: If to Landlord: Commonwealth Edison Company Three Lincoln Centei-4°i floor Oakbrook Terrace, Illinois 60181 Attn: Manager of Leasing & Sales with a copy to : Exelon Business Services Company Law Department P.O. Box 805379 Chicago, Illinois 60680-5379 Attn: Assistant General Counsel — Real Estate If to Tenant: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn: Brendan McLaughlin, City Administrator 23 CC: Kathleen Field On & Associates 180 North Michigan Ave Suite 1040 Chicago, Illinois 60601 Attn: Kathleen Field On or at such other addresses as any party, by written notice in the manner specified above to the other party hereto, may designate fiom time to tune. Unless otherwise specified to the contrary in this Lease, all notices shall be deemed to have been given upon receipt (or refusal of receipt) thereof C. Prohibition on ReggIdigg. To the maximum extent permitted under Legal Requirements, Tenant agrees not to record this Lease. This Section will survive the termination of this Lease. U. Waiver of Jury Trial. Landlord and Tenant, by this Section, waive trial by jury in any action, proceeding, or counterclaim brought by either° of the parties to this Lease against the other on any matters whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and 'Tenant, Tenant's use or occupancy of the Leased Premises, or any other claims, and any emergency statutory or any other statutory remedy. E. Captions. The section headings appearing in this Lease are for convenience of reference only and me not intended, to any extent and for any purpose, to limit or define the text of any section or any subsection hereof. F. Binding Effect. The covenants, conditions, and agreements contained in this Lease will bind and inure to the benefit of Landlord and Tenant and their respective heirs, distiibutees, executors, administrators, successors and permitted assigns. In the event that Tenant is comprised of more than one individual or entity, the obligations of such individuals or entities under this Lease shall be joint and several. & Entire Agreement. This Lease, the exhibits and addenda, if any, contain the entire agreement between Landlord and 'Tenant regarding the subject matter hereof, and filly supersede all prior written or oral agreements and understandings between the parties pertaining to such subject matter. No promises or representations, except as contained in this Lease, have been made to 'Tenant respecting the condition or the manner of operating the Leased Premises . H., Further Assurances. Each party agrees that it will execute and deliver such other documents and take such other action as may be reasonably requested by the other party to effectuate the purposes and intention of this Lease. 24 I, No Waiver. The ftiilme of either party to enforce at any time any provision of this Lease shall not be construed to be a waiver of such provision, nor in any way to affect the validity of this Lease or any part hereof or the right of such patty thereafter to enforce each and every such provision. No waiver of any breach of this Lease shall be held to constitute a waiver of any other or subsequent breach. L No Third Patty Beneficiaries. Landlord and Tenant agree and aclaiowledge that, except as expressly set forth herein, there are no intended third party beneficiaries of this Lease nor any of the rights and privileges conferred herein. K. Governing Law; Venue. The terms and provisions of this Lease shall be governed by and construed in accordance with the laws of the State of Illinois. With respect to any suit, action or proceeding relating to this Lease (each a "Proceeding"), the parties hereto each irrevocably: (a) agree that any such Proceeding shall be commenced, brought, tried, litigated and consummated in the comas of the State of Illinois located in the County of Cook or (as applicable) the United States District Court for the Northern District of Illinois, (b) submit to the exclusive juisdiction of the courts of the State of Illinois located in the County of Cook and the United States District Court for the Northern District of Illinois, and (c) waive any objection which they may have at any time to the laying of venue of any Proceeding brought in any such court, waive any claim that any Proceeding brought in any such court has been brought in an inconvenient forrun, and further waive the right to object, with respect to such Proceeding, that any such court does not have jurisdiction over such party, L, Counterparts. This Lease may be executed by the patties in counterparts. Each such counterpart shall be deemed an original and all such counterparts, taken together, shall constitute one and the same agreement,. M. Subordinate. This Lease, and all of Tenant' s rights and interests hereunder, are subject and subordinate to any and all recorded and unrecorded easements, licenses, leases and permits, and all other matters (whether recorded or unrecorded) affecting the Leased Premises (or title thereto) dated prior to the date of this Lease. N. Severability. If any term, provision or condition in this Leased shall, to any extent, be invalid or unenforceable, the remainder of this Lease (or the application of such term, provision or condition to persons or circumstances other than in respect of which it is invalid or unenforceable) shall not be affected thereby, and each term, provision and condition of this Leased shall be valid and enforceable to the fullest extent permitted by law, O, Time of the Essence. Time is of the essence of this Lease, and each and every term and provision hereof P. No Partnership. None of the terms or provisions of this Lease shall be deemed to create a partnership between or among the parties hereto in their respective businesses 25 or otherwise, nor shall any of the terms or provisions of this Lease cause them to be considered joint venturers or members of any joint enterprise. Q. Not an Employ. By signing this Lease, Tenant affums and states that it is not an employee of Commonwealth Edison Company nor Exelon Corporation, nor any of their respective parents, subsidiaries or affiliates, nor does Tenant have any affiliated interest in any such entities. R. No Oral Change, This Lease cannot be changed orally or by course of conduct, and no executory agreement, oral agreement or coruse of conduct shall be effective to waive, change, modify or discharge it in whole or in part unless the same is in writing and is signed by the party against whom enforcement of any waiver, change, modification or discharge is sought,. S . Tenant's Authority. Tenant represents and warrants that it has full right, power and authority to execute and deliver this Lease, and to perform each and all of its duties and obligations hereunder. If Landlord so requests, Tenant shall provide Landlord with reasonable written evidence of' such right, power and authority. T. Termination of Lease Based Upon Change In Law. If any Legal Requirement is enacted or modified during the Term, and such enactment or modification places any additional material burden on Landlord (as determined by Landlord) as a result of Tenant's use or occupancy of the Leased Premises for any purpose, or if the use of the Leased Premises by Tenant would violate any Legal Requirements hereinafter enacted or modified, then (without limiting any other rights or remedies of Landlord hereunder) Landlord shall have the right to terminate this lease effective as of the effective date of such Legal Requirement is so enacted or modified. U. Negotiated. The parties aclaiowledge that the parties and their counsel have reviewed and revised this Lease and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Lease or any exhibits or amendments hereto. V. Brokers. Tenant represents and warrants to Landlord that Tenant has dealt with no broker, finder or similar person or entity in connection with this Lease, or T'enant's use or occupancy of the Leased Premises, Tenant agrees to indemnify, defend (with counsel acceptable to Landlord) and hold Landlord harmless from and against any and all Claims and Losses brought against, sustained or incrured by Landlord by reason of Tenant's breach of the foregoing representation and warranty. [W. Tenant's Authority to Act. This Lease shall be executed for and on behalf of the Tenant prusuant to a resolution adopted by the United City of Yorkville, at a regular meeting held , 20_, and signed by the officers therein designated as signatories and attested by the clerk of 'Tenant. A certified copy of such resolution shall be 26 attached to this Lease and made apart hereof as evidence of the authority herein exercised by the undersigned officers executing the Lease on behalf of Tenant] 27 IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease on the date fast written above. LANDLORD: COMMONWEALTH EDISON COMPANY By: Name: John T. Hooker Title: Senior Vice President TENANT: United City of Yorkville By Name: Valerie Burd Title: Mayor I I EXI-HBIT "A" (Leased Premises) [to be attached] EXHIBIT `B" (Renewal Notice) [Commonwealth Edison Company Letterhead] Re: Lease (the "Lease") dated by and between Commonwealth Edison Company ("Landlord") and ("Tenant") for space at Dear In accordance with Section of the Lease, Landlord exercises its option to extend the Term by (_) year(s) to (the "Renewal Expiration Date) . The time period fiom the Expiration Date to the Renewal Expiration Date shall be referred to as the "Renewal Term". The Monthly Rent for the Renewal Term shall be: Year 1 Monthly Rent: $ Year 2 Monthly Rent: $ Subject to the terms and provisions of this notice (the "Renewal Notice"), the Renewal Term will be upon the same terms, covenants and conditions contained in the Lease, except for any reference in the Lease to the Term will be deemed to include the Renewal Tenn and apply thereto, unless it is expressly provided otherwise. In addition upon Tenant's acceptance of' this Renewal Notice, Tenant shall be deemed to have accepted the Premises in "as- is" condition as of the commencement of the Renewal Term. Please indicate your acceptance or rejection of' the terms and conditions of the Renewal Term by maildng the appropriate box and signing and dating this Renewal Notice below. (J We accept the terms and conditions oj`this Renewal Notice. ( J IlWe reject the terms and conditions of this Renewal Notice and will vacate the Premises at the end of the Term in accordance with the terms and conditions oj'tice Lease. Please note, in the event that this Renewal Notice is not received at the above address within thirty (30) days of the date first written above, you will be deemed to have ACCEPTED this Renewal Notice on the terms and conditions contained herein. COMMONWEALTH EDISON COMPANY all Illinois coIporation By: Name: Title: By: By: Nalne: Name: I his Renewal Notice was executed on this _ day, of Exhibit "C" 1 . The Petitioner' s proposed grade changes cannot exceed eight (8) inches within the right-of- way unless he can ensure that the existing drainage patterns are not affected, storm water does not pool on the RJW or adjacent properties and ComEd hQESC safety clearances are not violated. 2. 'The Petitioner must provide assuuances that the Disc Golf baskets are highly visible dining the day and at night so that they do not cause halm to ComEd personnel or vehicles. 3 . Any damage to CornEd's property caused by the Petitioner will be repaired at the Petitioner's expense. Disc baskets are not allowed within 25 feet of a transmission structure. 4. If landscaping is required, landscaping plans and details must be provided to ComEd for review to ensure safety clearances are not violated and access is not restricted. Trees on ComEd transmission R/W's are not allowed. Small bushes are acceptable provided they are not within 25 feet of a transmission structure. Boulder placement on the R/W should be discouraged unless the Petitioner can provide assurances that the boulders would not restrict our access or cause harm to ComEd personnel or vehicles. 5. The Petitioner cannot place obstructions on ComEd property that will restrict our ability to access, operate and maintain existing and future transmission and distribution facilities. Future transmission facilities are planned for the southerly side of this R/W. 6. The Petitioner's equipment cannot exceed fourteen (14) feet in height on the right-of-way. 7. The Petitioner cannot leave construction equipment and materials on ComEd Property when there is no work activity. 8. The Petitioner' s facilities on ComEd's property should be designed for HS20 axle loading per AASFITO highway specifications in order to withstand ComEd construction traffic. 9. When working in the vicinity of ComEd's electric transmission lines during the installation, OSHA requires minimum thirteen (13) feet working clearance distance must be maintained between the booms, arms or other parts that can be raised on the equipment for the Petitioner's contractor and ConrEd's existing 138,000 volt electric transmission conductors Under no circumstances, should truck beds be raised rmderneath ComEd transmission lines. This note should be added to any construction drawings. 10. The Petitioner must be made aware that the Company does use heavy equipment and cannot be responsible for any damage to the Petitioner's facilities that may occur due to the Company's right to access our property to operate and maintain new and existing transmission and distribution facilities. 11 . Upon completion of Petitioner's project, the Petitioner must remove any equipment, construction debris and material from the ComEd right-of way and restore any other disturbed areas of the right-of-way to their pre-construction condition. 12 . Landscaping, boulders, small trees or bushes with five or six chain baskets not to exceed six feet in height. The propose plan is acceptable provided the installation does not interfere CHI 2169948v3 April 2. 2002 (04:ttpm) with ComEd's access to the property for maintenance, repair, and firiure construction of the Transmission System ultimate requirements. 13 . We need access to our pole at all times, The landscaping and chain baskets shall not exceed ten feel: in height and no plants shall be planted under the distribution lines. Any equipment associated with the installation or maintenance (or otherwise) of the facilities involved with this project shall keep a minimurn of ten feet of clearance from all conductors. YDRKv[tLp PARKS d RECREgT1ON PARKS NAMING APPLICATION YORKVILLE PARKS AND RECREATION DEPARTMENT 20 1 WEST HYDRAULIC STREET - YORKVILLE, IL 60560 PHONE 6! 309-5/51/3f-4357 - FAx 630-553-4360 PERSON COMPLETING APPLICATION �I ON BEHALF OF (PERSON OR ORGANIZATION) �">��\ (� l"1 iG'CG �7 �(.D ADDRESS OF PERSON COMPLETING APPLICATION HOME PHONE NUMBER 1 f WORK EMAIL SUGGESTED NAME /� / (� / v & //J PARK, LOCATION, FACILITY TO BE CONSIDERED FOR NAMING c PLEASE EXPLAIN WHY THIS NAME SHOULD BE CONSIDERED (PLEASE USE BACK OF APPLICATION TO ATTACH ADDITIONNAL. SHEETS IF NECESSARY) . Of- 7 / Is16; eJ-e /Jr' , It3 �3�iS7�) / ( S7G-, bo WSJ 742. �Dc� le � /. j � . % � �✓es f or IF NAMING AFTER A PERSON PLEASE VERIFY THAT THE PERSON OR HIS IMMEDIATE SURVIVING FAMILY PIAVE BEEN CONTACTED: 4e 1�e e" U /e f PERSON CONTACTED PHONE NUMBER cSr'F fi � �. DATE CONTACTED BY WHOM OFFICIAL. USE DATE RECEIVED STAFF INITIALS REQUEST VERIFIED BY STAFF SCHEDULE FOR PARK BOARD REVIEW DATE ACTION CITY COUNCIL DATE ACTION DEDICATION NAME ON SIGNAGE LOCATION OF PARK, FACILITY, BUILDING. l"HROUGHFARE YDRKv Lu A PARKS a RECREATION PARKS NAMING APPLICATION YORKVILLE PARKS AND RECREATION DEPARTMENT 20 1 WEST HYDRAULIC STREET - YORKVILLE, IL 60560 PHONE�6/�300 -55 -- ^3 �435/7p - FAx 630-553-4360 PERSON COMPLETING APPLICATION `A_,` ( ON BEHALF OF (PERSON OR ORGANIZATION) ,;�✓��S C') d ��� Gf-"eft /-1 """' V��/ ADDRESS OF PERSON COMPLETING APPLICATION /T / HOME PHONE NUMBER WORK EMAIL SUGGESTED NAME PARK, LOCATION, FACILITY TO BE CONSIDERED FOR NAMING PLEASE EXPLAIN WHY THIS NAME SHOULD BE CONSIDERED (PLEASE USE BACK OF APPLICATION TO ATTACH ADDITIONAL SHEER IF NECESSARY) /fz /T�/���.s� �/ ��sf� / �sf ��� �., ��y �� .N� ,� �✓-� ��� / 7 /GP �� �Z �P /e /J !� � 24e-2 /ReC/IIP6 1-71d a // / � t ay�>L"l� �Ic�� (✓ .- � ,rip G/c. l�, !�� / / C�^ c. c . IF NAMING AFTER A PERSON PLEASE VERIFY THAT THE PERSON OR HIS IMMEDIATE SURVIVING F IlY AVE BEEN CONTACTED: 5 PERSON CONTACTED PHONE NUMBER DATE CONTACTED / OFFICIAL USE DATE RECEIVED STAFF INITIALS REQUEST VERIFIED BY STAFF SCHEDULE FOR PART( BOARD REVIEW DATE ACTION CITY COUNCIL DATE ACTION DEDICATION NAME ON SIGNAGE LOCATION OF PARK, FACILITY, BUILDING, THROUGHFARE REQUEST FORM FOR SPONSORSHIP FROM THE UNITED CITY OF YORKVILLE PLEASE NOTE All requests must be received by the City Clerk, United City of Yor lwille, 800 Game Farm Road, Yorkville, IL 60560, at least 60 days prior to your event ./or submittal to the YorhIlle Human Resource Conrmis5ion (HRC), which meets on the third Wednesday of each month. For example: if your event is to be held oil September 15"', your request should be in the City office no later than June .30°i to be considered at the July HRC meeting. Requests are limited to $250 per year, per oreanization • of O 1 ?cb •a1CJo Event C)0K-tOEWF15S T Date/Time: i alwr9209Dcation: Va 42r- r)0^1 , �thI v Name of Organization �y���i^ �r� a � ��� C LSJ Address W� RTd�G� eT City YC).QXjLf _ State ,! L. Zip __�d [ o Phone: ((w 54G _IA24-- Fax: (_-j /� n Name of Contact Person/Title , RTO 1+61Z-T- Approximately how many Yorkville residents does your organization serve each year? 000 � act d d What is the purpose of your or amzation? TO t}E LN C,4 r l.1'kEg S C A04C S AA1 1pC, NL )2►�rc •- e How does your organization benefit the Yorkville community? Y ��� 02�1)x n (G s C go Lo KI5 #11el Dc) ►u 1� dvv (� N-, chtL d _ C roc ts�S. _ g . l[ II.. we 1� L. Is your event considered to be (please check all that apply): _ Fine Arts .___Sports Community _Scouting _Religion-based Xothernon.-profit Who will benefit from the funds raised? Youths YAdults Seniors •, Disabled veisons ,_ Please check ate: _Gash or -(" In Kind If cash, amount requested: $ If "In Kind\\,"//are you in need of Staff? Yes No If yes, number of hours �^ Time: _ OR YBuilding space Name of City facility/park to be used PLEASE NOTE: If requesting staff time or- use of building facilities/park, both are subject to availability on the date you have chosen. DEPOSIT FEES WILL NOT BE WAIVED. IF FACIIdTIES ARE RETURNED TO SAME CONDITION AS BEFORE USE, 100% DEPOSIT REFUND WILL BE RETURNED WITHIN 10 BUSINESS DAYS. ^_ For Office/HRC use only HRC Approved: Date: $ or __"in kind" OFFICE: Date Received: Building/facility Requested: Requested Facility/Park: _ Available — Not Available Signed: Requested Staff: _ Available _— Not Available Signed: Date of Notice to by City Council: Date Not Approved Reason: CC Revised 03/28/06 CC Approved 03/28/06 MEMORANDUM TO: Yor1 r k Board FROM: Dave M le, D �ector of Parks and Recreation RE: Director's Report DATE: .Judy 21 , 2008 COBB PART{ PLAYGROUND BUILD On Saturday, July 26 beginning at 8AM, the Parks and Recreation Department will be undertaking a community playground build at Cobb Park on Colonial Parkway in Yorkville, The build will involve approximately sixty volunteers and staff and, though a slightly smaller project, will be similar to the Hiding Spot Park build in 2007. Once again, we will be working in partnership with GameTime, Inc., Sponsors to date include ACE Hardware, Hinsdale Nurseries, Inc. , Recreation Concepts, Inc, Rush-Copley Medical Center, Yorkville Youth Baseball/Softball Association, and Yorkville Jewel/Osco, and Pepsi. Please join us for part or all of day. ONLINE REGISTRATION A city wide effort, we will begin to gather data for the purpose of initiating online registration for recreation department and eventually REC Center programs. Doing business online has become commonplace in this present time. We want to provide convenient means by which our customers can purchase our services. After review of the information collected and it is determined that budgetary and staffing considerations can be met, we will then evaluate our current commitments and set a realistic timeline in which to move forward. YORKVILLE DAM INSPECTION Members of Yorkville Department Head staff, including myself, toured the new Dann (Phase 1 ) in anticipation of the State's transfer of certain maintenance responsibilities to the City. We also had a close up look at the completed and operable Deniel Fish Ladder. Finally, we were able to walk on the coffer dam from which much of the construction in Phase 2 (canoe bypass) will be launched. Parks Department July 2008 Professional Development. On July 24°i park staff will be attending a customer service training seminar to learn how to deal with the public in a professional manor. Athletic Field Division. .June and July have been a very busy time for tournament play at Bridge and Beecher Parks, Additional preparations for the in house league and YYBSA have kept staff busy. The athletic division is working on rehabbing some of the fields and fixing trouble spots on others, the majority of rehab will take place in the fall. Beautification Division. Watering is the main focus right now particularly the hanging baskets and newly planted trees, We have received some calls pertaining to the Japanese beetle infestation, plans are to spot treat infected areas. Weeds are also a big issue during this time of the year. Weeds tend to thrive in hot weather, spot treating areas and hand pulling are the best method of control. Preparing parks for events and programming, malting sure the parks look there best and the necessary materials are there for the event i.e.; 4" of July, music under the stars and such. Playground Division. This year we moved a second full] time person into the role of maintaining our playgrounds. Keeping our playgrounds safe is our focus in the playgroumd division, rilcing surfacing back into place, checking equipment for hazards and removing graffiti are daily occurrences. The majority of trash control is performed by the playgroumd division loose trash is everyone's concern. The playground division is also in charge of the Cobb park redevelopment from removal to site preparation to concrete they have done it all. Safety audits have been performed at Riemenschneider Park in preparation of the park opening. Turf Division. Mowing and string trimming are the current focus for the turf division, because grass is still growing. When time allows turf personnel assist other divisions with projects and daily maintenance items. Special Projects • The installation of landscaping at Riemenschrneider Park from final grading to seeding. • hnstall site furnishings and traffic lights at Autrumn Creek. • Float for the 4°' of .July parade . Administration. Continue to oversee construction of Riemenselmeider, Whispering Meadows, and Autumn Creek parks. Riemensclmeider Park should be completed by the end of the month we have had a few issues with getting the monument stone set. There is also an issue with the 5- 12 year old playground that we are working with the playground manufacture to resolve. Autumn Creek is about 95% completed we are working with the developer to get the public walk up to the first trail comiection completed before the August I" park open house, we are also finishing up some of the themed signage. Electric will not be available for some time due to the slow demand for the 2°d phase of the development, this means that the traffic lights will not be operational until such time. Construction of Whispering Meadows will continue after a rainy spring where we had the storm sewer installed the next steps will be the ball field construction and the trail construction. Continue with the development of Grande Reserve Park B, and Heartland Circle parks. Latna and I recommended and the Board approved playground equipment for the Heartland Circle Park. Construction documents are going out to bid later this week and we should receive them back on August 14, 200$ . We anticipate the park construction to start in late Septenber or early October.. Dave and I have been working with the developer of Pasquinelli Homes to stmt the construction of park B in Grande Reserve. We are waiting to see revised numbers for installation and also anticipate this parks construction to start in September or October. I also continue to oversee the clay to day operations for the Parks Department. (� MEMORANDUM TO: Yorl�bihle `Pail thect FROM: Dav Mc le • of Parks and Recreation RE: Additioi l Business DATE: July 21 , 2008 CODE BLUE A communication device to help promote safety and quick response time in emergency situations is being considered for Riverfront Park. Park board member, Debbie Horaz has gathered information on the equipment and its potential benefits for the general public. It is possible that the equipment and its installation would be donated to the city. The Code Blue progr<arn will be discussed in more detail at the park board meeting . Welcome to CodeBlue Page 1 of 1 g . p?m A Cod, II1ua }pawn Page 'Prodnei IIanafiPx Product= Spec= 5aiaa CuJircon conpnct UN Code Blue Units Product Matrix - Communications Software ' Power OA ADDRESS PUBLIC DRESS YSTEM , ! Tech. Specs ---"~- CAD Drawings The Code Blue Public Address System Literature (PAS) is desiq,ned as an add-on for new Van Demos installations and retrofitable for existing Tech upper units. !Adapting easily to the top of CB Dealer/Rep Area i , 2-e and S models, the PAS adapter Product Returns utilizes existing phone and power lines jl RMA Form for emergency mass communications. ' ) Co e Jpevggo The new Code Blue DFB models s a provide public avaitibility to an Automated External Defibrillator yjgh�ana wam version (DFB),with the emergency phone L,ow62 dgd dtdversjon + ,_ ...---; .allowing the first responder to notify Cancel `emergency officials and QQds9lge 7 pED ; — iaccess the AED to product Broeltu% + increase survival rates i _ of cardiac arrest victims . ✓fC J' 9 1 oeHfficaMON System Acrobat PBF. 701 .13 REVERSE 917 allows user's target precise locations and saturate it with calls and other euqurernoslr t �y.rr :immediate interaction, �. providing rapid response to specific needs. The system can deliver messages via various devices including cell phones, PDAs, fax and Code Blue phones. The Code Blue name. Icon and round trade dress are trademarks of Code Blue Corporation Copyright © Code Blue 2003 For Information or questions regarding this websue or permissions, send email to i6L b a codebiue com, Cali 800 205 7186, or write to us at: Code Blue, 92 East 64th Street. Holland, MI 49423 Web site last revised: July 16. 2008 http://www.codeblue, com/ 7/21/2008 Code Blue Units Page 1 of 1 cl - WIM, 11W 'M r i — , - rl I�6ouC Code Stu© - SAo�a'srago' ' Pro3ac� �,e�aY-06s h.c:fas:� tp�cc &aio� d,Y4A cea ; �or�cac2Cl': Code Blue Units Tall Pedestal Unju; Shhor Ped€sfi71 Units =: ° r I .., . I&alll M�naed_Units - ,��o "' h InterAct 500 Series 12 t_y x} WaLI or Pole wall or pole uLtoytnted_tlniLS mounted units q wall mounted Ib n InterACt500Series units. Circle=of-$are ly AU—LJMts_ Circle-of-Safety pendant Public Address System Product Matrix Communications IIEF Choices "J In Software Power Options �_ 0 Tech. Su ort Public Adore P-P Systems Marketingd l Literature in PDF format J "� tt � III rJul 0l tall pedestal units short pedestal units AI=D units I The Code Blue name, Icon and round trade dress are trademarks of Code Blue Corporation. Copyright © Code Blue 2004 For information or questions regarding this website or permissions, send email to jnjgcb@_cgrgbiqe cQu_ Call 800 205 7186, or write to us at: Code Blue. 92 East 64th Street. Holland. MI 49423 Last Revised: Tuesday, .January 08. 2008 htgr//www.codeblue.com/Products/ProdToc,html 7/21/2008