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Public Works Packet 2013 10-15-13 clr o United City of Yorkville '" 800 Game Farm Road EST. , _ 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 c`" 6' <LE AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday, October 15, 2013 6:00 p.m. City Hall Conference Room Citizen Comments: Minutes for Correction/Approval: September 17, 2013 New Business: 1. PW 2013-46 Public Works Committee Meeting Dates for 2014 2. PW 2013-47 Bristol Avenue Watermain Change Order#1 3. PW 2013-48 Blackberry Woods Letter of Credit Reduction 4. PW 2013-49 Cannonball Trail LAFO Project a. Engineering Services Agreement b. MFT Resolution c. Ordinance Authorizing Budget Amendment 5. PW 2013-50 Adoption of FEMA Floodplain Maps Old Business: 1. PW 2013-43 Caledonia Letter of Credit Call and Subdivision Completion Additional Business: 2013/2014 City Council Goals—Public Works Committee Goal Priority Staff "Road improvement maintenance program" 2 Eric Dhuse "Capital Improvement Planning(River Road Bridge in 2013)" 6 Rob Fredrickson,Eric Muse,Bart Olson "Sidewalk improvement maintenance program" 8.5 Eric Dhuse UNITED CITY OF YORKVILLE WORKSHEET PUBLIC WORKS COMMITTEE Tuesday, October 15, 2013 6:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. September 17, 2013 ❑ Approved ❑ As presented ❑ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2013-46 Public Works Committee Meeting Dates for 2014 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2013-47 Bristol Avenue Watermain Change Order#1 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2013-48 Blackberry Woods Letter of Credit Reduction ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2013-49 Cannonball Trail LAFO Project a. Engineering Services Agreement b. MFT Resolution c. Ordinance Authorizing Budget Amendment ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2013-50 Adoption of FEMA Floodplain Maps ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2013-43 Caledonia Letter of Credit Call ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 0 CIT, Reviewed By: Agenda Item Number a J w T Legal ❑❑ Minutes Finance EST " 1836 Engineer ❑ ~ = City Administrator ❑ Tracking Number y Human Resources ❑ a Community Development ❑ �► Police ❑ cLE �►�" Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Minutes of the Public Works Committee— September 17, 2013 Meeting and Date: Public Works—October 15, 2013 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Committee Approval Submitted by: Minute Taker Name Department Agenda Item Notes: DRAFT UNITED CITY OF YORKVILLE PUBLIC WORKS COMMITTEE Tuesday, September 17, 2013, 6:00pm Yorkville City Hall, Conference Room 800 Game Farm Road In Attendance: Committee Members Vice-Chairman Larry Kot Alderman Jackie Milschewski Alderman Ken Koch Absent:Alderman Diane Teeling Other City Officials Mayor Gary Golinski (arr. 6:05pm) City Administrator Bart Olson Public Works Director Eric Dhuse Alderman Chris Funkhouser(arr. 6:15pm) Engineer Brad Sanderson Administrative Intern Jeff Weckbach Other Guests: Jorie Johnnie Kevin Johnnic Sue Bauder Eric Hostert Heather Sudnik Mike Ahng Rhonda McKeever Eric McKeever (all from Sunflower Estates) The meeting was called to order at 6:00pm by Vice-Chairman Larry Kot and a quorum was established. Citizen Comments: A Sunflower Estates resident inquired about the Shell Gas letter dated September 10, 2012 regarding contamination. She requested info about the ground water as related to the Sunflower flooding issues. She also said the City should fund the repair to the sewer which was installed per code at the time, but is not to code now. Aldermen Kot and Koch said it had been discussed and agreed the City should pay for it. Page 1 of 4 The resident asked about the time frame of the repair. Mr. Olson said the street flooding is on the agenda tonight and the farmer in the flood area has been contacted for a meeting. Brad Sanderson said a possible swale would be built to direct the water to the basin. Currently, the water does not drain directly to the basin. She asked if the City had measured the amount of water flowing through the culvert underneath Rte. 71. This has been measured and Mr. Sanderson said the City wants to re-direct the off-site flow coming from south of Rt. 71. The resident asked for more information about the gas station contaminants. Mr. Olson said the City passed an ordinance a year ago stating the City would not allow a drinking water well within the area of the Shell parking lot. The resident asked if testing would need to be done in 5 years to insure the contaminants had not spread. The IEPA has been monitoring the issue. Another resident asked how the floodwater would be stopped from draining down the street. A larger pipe under Walsh Dr. might possibly be needed along with the swale. Previous Meeting Minutes: August 20, 2013 The minutes were approved as presented. New Business 1. PW 2013-39 Water Department Reports for May, June &July 2013 Mr. Dhuse noted that the water usage for June 2013 was 25 million gallons less than 2012 due to the 2012 drought. Mayor Golinski asked about the aquifer level and Mr. Dhuse replied that the reduced usage allowed the aquifer to recharge. No further action. 2. PW 2013-40 Safe Routes to SchoolAuthorization of Contract Changes Mr. Sanderson said this is the contract "balancing" authorization to close out the project. He said the project was $10,000 to $12,000 below the $280,000 estimate. This will move forward to the Council consent agenda. 3. PW 2013-41 River Road Bridge Authorization of Contract Changes These are the final 2 contract changes. Change#10 is an authorization for deck drain additions which were shown on the plan, however, omitted as line items. The cost is $4,500. The second change (#11) is the balancing authorization in the amount of$39,712.61. Most of this cost was for additional paving. Mr. Sanderson recalled that some of the H-piles had to be extended, additional boulders were found near the site and the cofferdam failed, etc., but the project was within budget allowed by the State. The total cost of the 2 changes is approximately$132,565 with a total cost of the contract at $1.6 million which is 9% over the bid. The city's share is 20% of the cost which is $450,000 to $500,000. 4. PW 2013-42 RFPfor Tree Removal Mr. Dhuse said he is seeking approval for an RFP for ash tree removal since the City does not have equipment for such large trees or those near power lines/houses. The average cost of removal is approximately$1,000 per tree. Alderman Milschewski asked about trees on private property. Mr. Dhuse said the problem is so widespread, it would be difficult to force residents to remove all these trees. Page 2 of 4 Director Dhuse said he is requesting 43 trees out of 1600 to be cut down by another agency and City staff will remove the remainder of the trees. He hopes to complete this project before winter. The total cost of the project is about $44,000 and there is $16,500 to $17,000 in the budget for tree removal. Alderman Kot noted the project would deplete this line item. Mr. Olson said contingency funds could be used,but would require Council approval. Alderman Kot said he is OK with this project as long as funding is available. The committee recommended approval for an RFP and this will move to the Council consent agenda. 5. PW 2013-43 Caledonia Letter of Credit Call There are 4 letters of credit that have been in place since 2005/2006 and worth over$1.2 million. A punchlist was done last fall and is roughly equal to the value of the letters. A meeting was held with the developers who indicated they would do the improvements, however, there has been no communication from them since. Staff has recommended calling the letters of credit and completing the work. Alderman Kot asked about the next step. Bid packages would be completed and the work done in 2014. The letters are held at Old Second Bank. Alderman Koch asked if the banks are given a heads up. The City sends a letter and the money is expected almost immediately according to Mr. Sanderson. Alderman Kot noted that the money is in the bank for this purpose. The committee recommended sending this to the full Council on the regular agenda for approval. 6 PW 2013-44 Road to Better Roads Update Engineer Sanderson provided an update on this program for 2013. The work is almost done on the Bristol Avenue watermain and roadway work there should be completed by end of October. Planning for 2014 will also be starting and preliminary engineering costs will be calculated. There is much underground work to be done prior to the roadwork, most of which is south of the river. Mr. Sanderson referred to 3 exhibits which were put together: 1) identified watermain improvements, 2) sanitary work(some replacement recommended), 3) improvements based on Rt. 47 project—adding pipes/additional capacity in storm sewers in Washington/State/Adrian area. Alderman Kot expressed concern about possible delays if State St. is done separately ahead of time, however, Mr. Sanderson said it could actually accelerate that project. Extra money was budgeted for 2015 to handle these improvements. The Road to Betters Roads will be brought back to committee to review the costs and to either eliminate work or find new revenue streams, according to Mr. Olson. If budgeted, this work would occur after May 1, 2014. This matter will be brought back to committee for additional discussion. 7. PW 2013-45 Game Farm Road Project Update Bids will be let in November 2014 with construction starting in 2015. Plans will need to be completed by July 2014 and are 90% done at this time,but updates are needed due to changes in regulations. Water and sanitary permits are needed and land acquisition is being pursued. Ten parcels have been acquired in the last 2 weeks and the City has 19 of the 33 needed. Utilities need to be contacted for relocation. Another update will be given in 2 months. Page 3 of 4 Mr. Olson added there has not been any problems with the acquisitions approved in 2011, some of which are temporary and some permanent. These purchase costs are shown on the bill list. The funding will come from a bond sale either now or in 2015. Attorney Orr, Mr. Olson and the bond underwriter are studying all factors to determine the time frame. Mayor Golinski asked if the City's bond rating could be improved by waiting. Mr. Olson answered yes and said the underwriter's recommendation is to wait. Alderman Koch asked for an update on the high school's progress with their addition as it relates to the Game Farm project. Some coordination is needed with them and a meeting will be held. Old Business: 1. PW2013-22 Sunflower Estates Drainage Mr. Sanderson said he sent correspondence to the property owner regarding the flooding issues in Sunflower. He received a return call and a meeting will be set soon. No further action at this time. Additional Business: Alderman Kot asked about the temporary crosswalk sign by Town Square Park. He asked why the sign "comes and goes". Mr. Dhuse said he had removed it since the signs get hit or stolen. There was no further business and the meeting was adjourned at 6:40pm. Minutes respectfully transcribed by Marlys Young Page 4 of 4 0 CIT, Reviewed By: Agenda Item Number J� 4 f, `� X00 Legal El NB #1 Finance El EST " 1836 Engineer ❑ ~ = City Administrator ❑ Tracking Number y Human Resources ❑ 'A — © Community Development E]�t— Police ❑ PW 2013-46 �► cLE �►�" Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Meeting Dates for 2014 Meeting and Date: Public Works—October 15, 2013 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Committee approval Submitted by: Meghan Ostreko Administration Name Department Agenda Item Notes: o car o Memorandum EST. 1Z leas To: Public Works Committee {O L _ From: Meghan Ostreko, Clerk's Office p Date: October 10, 2013 <L E�o ��,�,Z Subject: Public Works Committee Meeting Schedule for 2014 The Clerk's Office is in the process of publishing the City's master meeting list for 2014. Listed below is a tentative schedule for the Public Works Committee meetings for 2014. The proposed schedule has the Public Works Committee meeting the 3rd Tuesday of each month at 6:00 p.m. Please discuss this schedule at the Public Works Committee meeting and decide if you have any changes to the dates or meeting time. Public Works Committee 13 rd Tuesday — 6:00 pm January 21 July 15 February 18 August 19 March 18 September 16 April 15 October 21 May 20 November 18 June 17 December 16 0 CIT, Reviewed By: Agenda Item Number J� 4 f, `� X00 Legal El NB #2 Finance El EST " 1836 Engineer ■ ~ = City Administrator ❑ Tracking Number y Human Resources ❑ 'A — © Community Development E]�t— Police PW 2013-47 �► ❑ cLE �►�" Public Works ❑ Agenda Item Summary Memo Title: Bristol Avenue Water main Improvements Meeting and Date: pW Committee—October 15, 2013 Synopsis: Change Order Consideration Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Consideration of Approval Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: { 0 Memorandum „ To: Bart Olson, City Administrator EST. -,� 1835 From: Brad Sanderson, EEI Cti � CC: Eric Dhuse, Director of Public Works �w� p Krysti Barksdale-Noble, Community Dev. Dir. Lisa Pickering, Deputy City Clerk kE Date: September 25, 2013 Subject: Bristol Ave. Water Main Improvements—Change Order No. 1 The purpose of this memo is to present Change Order No. 1 for the above referenced project. A Change Order, as defined by in the General Conditions of the Contract Documents, is a written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents, or authorizing an adjustment in the Contract Price or Contract Time. Background: The United City of Yorkville and Brandt Builders, Inc. entered into an agreement for a contract value of $127,563.00 for the above referenced project. Construction began on August 20, 2013 and was substantially completed on September 13, 2013. The construction costs are being funded by 100% by the City. Questions Presented: Should the City approve Change Order No. 1 which would reduce the contract amount by 9,963.00? Discussion: Change Order No. 1 includes deductions to the contract quantities to reflect as-built quantities, as well as the following extras not anticipated prior to construction: 1. Addition of an 8" gate valve and valve box. The intent was to pressure test against an existing valve; however, the valve could not be shut down completely. In order to test the new main, a new 8" gate valve had to be installed. 2. Addition of a 5' dia. concentric cone. Due to the orientation of the pressure tap, valve vault and existing water main at Park and Jefferson, the planned eccentric cone could not be used. The contractor had to purchase and install a concentric cone. 3. Addition of costs associated with time delays. In order to install the 8" gate valve (see item no. 1), the existing east/west 8" water main located north of 805 Bristol, had to be temporarily shut down. It took 1.5 hours for the City to isolate the water main due to inaccuracies in the atlas maps. The Contractor was delayed during this time and is seeking compensation for 2 operators and 2 laborers. Change Order No. 1 is anticipated to be the final change order. We anticipate a final contract value of$117,900.00 (7.6% decrease). We are recommending approval of the Change Order. Action Required: Consideration of approval from the City Council for Change Order No. 1. CHANGE ORDER Order No. 1 Date: September 25. 2013 Agreement Date: July 29, 2013 NAME OF PROJECT: Bristol Avenue Water Main Improvements OWNER:, United City of Yorkville CONTRACTOR: Brandt Builders Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: 1) Deduction of Water Main, 9-inch DIP, CL 52, with PE Wrap 6 Ft @ $83.00/Ft ($498.00) 2) Deduction of Foundation Material 50 CY @ $10.00/CY ($500.00) 3) Deduction of Water Service Connection, 1-inch 3 Each @ $650.00/Each ($1,950.00) 4) Deduction of Water Service Pipe, 1-inch Type K Copper 150 Ft @ $25.00/Ft ($3,750.00) 5) Deduction of Hot Mix Asphalt Pavement Removal 6.4 SY @ $45.00/SY ($288.00) 6) Deduction of Sidewalk Removal and Replacement 38 SF @ $15.00/SF ($570.00) 7) Deduction of Select Granular Backfill 118.5 CY @ $20.00/CY ($2,370.00) 8) Deduction of Existing Mailbox to Removed and Replaced 1 Each @ $1.00/Each ($1.00) 9) Deduction of Restoration 82 SY @ $8.50/SY ($697.00) 10) Deduction of Non-Special, Non-Hazardous Soil Waste Disposal, Type 1 81 Tons @ $10.00/Ton ($810.00) 11) Deduction of Non-Special, Non-Hazardous Soil Waste Disposal, Type 2 50 Tons @ $15.00/Ton ($750.00) G:\Public\Yorkville\2013\YO1315-P Bristol Avenue Watermain\Docs\Change Order 1.doc 12)Addition of 8" Gate Valve and Valve Box 1 Each @ $1,500.00/Each $1,500.00 13)Addition of 5' Dia. Concentric Cone 1 Each @ $100.00/Each $100.00 14)Addition of Time Delay - Operator 2 Operators for 1.5 Hours @ $95.00/Hour+ 15% O/P $327.75 15)Addition of Time Delay - Laborer 2 Laborers for 1.5 Hours @ $85.00/Hour + 15% O/P $293.25 Change of CONTRACT PRICE: Original CONTRACT PRICE: $127,563.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $127,563.00 The CONTRACT PRICE due to this CHANGE ORDER will be DECREASED by: ($ 9,963.00) The new CONTRACT PRICE including this CHANGE ORDER will be: $117,900.00 Justification: 1-11) Changes per as-built field quantities. 12) Needed for pressure testing due to condition of exiting valve on 8" water main north of 805 Bristol. 13) Replaced eccentric cone with concentric cone at pressure connection Park Street. 14-15) Down time while City isolated water main for cut-in connection to existing 8" water main north of 805 Bristol. Change to CONTRACT TIME: The contract time is increased/QeGfea-sc� by 0 days. Requested by: Brandt Builders, Inc. Recommended by: Engineering Enterprises, Inc. Accepted by: United City of Yorkville G:\Public\Yorkville\2013\YO1315-P Bristol Avenue Watermain\Docs\Change Order i.doc RANDT UILDERS, INC .- ,--,,-,- Bristol Ave.Watermain Replacement Extra Costs 8"valve replacement $1500.00 5' Dia. Cone re-placement $100.00 Time lost due to shut down delay 2-op 1.5 hrs @$95.00/hr:$285.00 2-lab 1.5 hrs @$85.00/hr:$255.00 $540.00+15%o/p$621.00 Total- $2221.00 885 E. Hoover St. • Morris, IL 60450 (815) 942-4488 • Fax (815) 942-4429 • brand tbuilders92 @gmail.coin 0 CIT, Reviewed By: Agenda Item Number J� 4 f, `� X00 Legal El NB #3 Finance El EST " 1836 Engineer ■ ~ = City Administrator ❑ Tracking Number y Human Resources ❑ 'A — © Community Development E]�t— Police PW 2013-48 �► ❑ cLE �►�" Public Works ❑ Agenda Item Summary Memo Title: Blackberry Woods Meeting and Date: pW Committee—October 15, 2013 Synopsis: LOC Reduction Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Consideration of Approval Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: o car o Memorandum To: Bart Olson, City Administrator EST. leas From: Brad Sanderson, EEI {O L _` CC: Eric Dhuse, Director of Public Works fE p Krysti Barksdale-Noble, Community Dev. Dir. �LEcou''��',,'= Lisa Pickering, Deputy City Clerk Date: October 1, 2013 Subject: Blackberry Woods The developer has requested that the City reduce the letters of credit (LOC) for the Blackberry Woods development. At this time, we recommend the reduction of the First National Bank LOC#STB10200038 for the development in the amount of$55,968.39. The amount of the reduction is based our current estimate to complete the outstanding work versus the existing LOC balance (See attached). The new LOC amount shall be $528,192.00. Please incorporate this into the next public works meeting for discussion and the next available City Council meeting for approval. If you have any questions or require additional information, please call. Engineering Enterprises, Inc. 52 Wheeler Road, i i I JOB NO: Y01227 DESIGNED: N/A DATE: January 23, 2013 PROJECT TITLE: Blackberry Woods Subdivision Engineer's Opinion of Probable Construction Cost ITEM UNIT NO. ITEM UNIT QUANTITY PRICE AMOUNT SECTION A 1 STRUCTURE INVESTIGATION AND REPAIR EACH 1 $ 1,500.00 $ 1,500.00 2 LOCATE STRUCTURE AND ADJUST TO GRADE EACH 2 $ 750.00 $ 1,500.00 3 NEENAH R-1712-C/ 390 LBS / CONCEALED PICK HOLES EACH 1 $ 300.00 $ 300.00 4 RESET FRAME AND/OR ADJUSTING RINGS EACH 1 $ 300.00 $ 300.00 5 REMOVE DEBRIS FROM STRUCTURE AND FLARED END EACH 11 $ 100.00 $ 1,100.00 6 STRUCTURE ADJUSTMENT EACH 1 $ 400.00 $ 400.00 7 INSTALL, REINSTALL OR REPAIR FILLETS IN STORM STRUCTURE EACH 26 $ 75.00 $ 1,950.00 8 TELEVISE STORM SEWER LS 1 $ 8,500.00 $ 8,500.00 9 INSTALL STEP AND CHIMNEY SEAL EACH 1 $ 350.00 $ 350.00 10 CATCH BASIN TO BE CLEANED EACH 4 $ 250.00 $ 1,000.00 11 REPLACE FILTER FABRIC LS 1 $ 500.00 $ 500.00 12 MORTAR STRUCTURE TO ELIMINATE INFILTRATION EACH 1 $ 250.00 $ 250.00 13 BACKFILL AROUND STRUCTURE EACH 5 $ 400.00 $ 2,000.00 14 REPAIR SUMP PUMP DEFICIENCY EACH 7 $ 300.00 $ 2,100.00 15 RE-PAINT FIRE HYDRANTS EACH 20 $ 100.00 $ 2,000.00 16 INSPECT VALVES AND AUX. VALVES EACH 34 $ 100.00 $ 3,400.00 17 ROTATE FIRE HYDRANT EACH 2 $ 200.00 $ 400.00 18 ADJUST FIRE HYDRANT TO GRADE EACH 2 $ 800.00 $ 1,600.00 19 ADJUST AUXILIARY VALVE TO GRADE EACH 3 $ 250.00 $ 750.00 20 REPLACE VALVE BOX EACH 1 $ 500.00 $ 500.00 21 REPAIR MEGA LUG LEAK EACH 1 $ 500.00 $ 500.00 22 ROADWAY WEED REMOVAL LS 1 $ 1,000.00 $ 1,000.00 23 MILL CANNONBALL TRAIL (BLACKBERRY WOODS - JOHN ST.) SY 2,250 $ 4.00 $ 9,000.00 24 ASPHALT JOINT SEALER GAL 600 $ 5.00 $ 3,000.00 25 CONSTRUCT NEW SIDEWALK ON EMPTY LOTS SF 1,000 $ 8.00 $ 8,000.00 26 REMOVE AND REPLACE B6.12 CURB AND GUTTER FOOT 600 $ 32.00 $ 19,200.00 27 HOT-MIX ASPHALT SURFACE REMOVAL - BUTT JOINT SY 50 $ 20.00 $ 1,000.00 28 BITUMINOUS MATERIALS (PRIME COAT) GAL 9,600 $ 1.50 $ 14,400.00 29 HMA SURFACE COURSE - (SUBDIVISION) TON 1,700 $ 80.00 $ 136,000.00 30 HMA SURFACE COURSE - (BLACKBERRY WOODS TO JOHN ST.) TON 200 $ 80.00 $ 16,000.00 31 CLASS "D" PATCHES SY 2,200 $ 50.00 $ 110,000.00 32 RED DIAMOND REFLECTOR SIGNS AND POSTS EACH 9 $ 400.00 $ 3,600.00 33 STREET NAME SIGNS EACH 12 $ 175.00 $ 2,100.00 34 FUTURE ROADWAY CONNECTION SIGNS AND POSTS EACH 3 $ 800.00 $ 2,400.00 35 REMOVE SILT FENCE FOOT 500 $ 2.00 $ 1,000.00 36 STORMWATER MANAGEMENT MAINTENANCE LS 1 $ 25,000.00 $ 25,000.00 37 REPAIR EROSION CONTROL DEFICIENCIES LS 1 $ 15,000.00 $ 15,000.00 38 INSTALL AND REPAIR LANDSCAPING PER PLAN LS 1 $ 25,000.00 $ 25,000.00 39 REMOVE GARBAGE, DEBRIS, AND FALLEN TREES LS 1 $ 5,000.00 $ 5,000.00 40 PREPARE RECORD DRAWINGS LS 1 $ 10,000.00 $ 10,000.00 41 STREET LIGHT REPAIR EACH 1 $ 2,000.00 $ 2,000.00 42 DETECTABLE WARNINGS SF 16 $ 35.00 $ 560.00 TOTAL ESTIMATED COST $ 440,160.00 TOTAL MINIMUM LETTER OF CREDIT VALUE (TOTAL COST X 120% $ 528,192.00 G:\Public\Yorkville\2012\Y01217-DG Blackberry Woods\Eng\EOPC 2013-01-23.xls IN 7 n C; 1- ( C 1'i w'( 1i September 19, 2012 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Blackberry Woods Subdivision United City of Yorkville Kendall County, Illinois Ms. Noble: Between July 10, 2012 and August 10, 2012, representatives of EEI performed a punch list inspection of the above referenced project. The scope of review was limited to the binder surfaced areas of the development. A summary of the punch list items is as follows: General 1. There is a substantial amount of garbage and debris deposited throughout the subdivision. All debris and garbage should be removed. 2. Record drawings should be submitted for review. 3. All street signs need to be installed per plan. 4. The erosion control measures on site need to be evaluated and re-established as necessary to be in compliance with the NPDES Permit. There are several areas in which require maintenance. On the contrary, there are several areas in which the existing silt fence can be removed. All erosion and sedimentation control issues should be addressed immediately. Storm Sewer 5. The following storm structures need to have fillets installed: • S-Inlet#140 • S-Inlet#81 • S-Inlet#16 • S-Inlet#87 • S-Inlet#84 • S-Inlet#38 • S-Inlet#151 • S-Inlet#40 • S-Inlet#63 • S-Inset#36 • S-Inlet#12 • S-Inlet#65 • S-Inlet#26 6. The following storm structures, catch basins, need fillets installed: • STCB #139 • STCB #11 • STCB #6 • STCB #83 • STCB #88 • STCB #35 • STCB #150 • STCB #69 • STCB #80 Road,52 Wheeler Sugar Grove, 60554 • 1 466-6700 • 1 466-6701 fax — www.eeiw'• • Ms. Krysti Barksdale-Noble September 19, 2012 Page 2 • STCB#25 • STCB #15 • STCB #18 7. Catch Basins #15 and#13 require fillet installation and necessary repairs to eliminate infiltration from the back of curb. 8. The following curb inlet structures reflected significant sediment buildup on the filter fabric. Open grates were removed for inspection, and fabric replaced: • Inlet#40 • Inlet#16 • Catch basin #15 • Catch basin #39 9. There is significant erosion of the pavement subgrade, and binder failure at curb inlet#81. This location may require excavation to determine the structural integrity of the structure. 10. Within the stormwater management facilities, the flared end sections and slope inlet boxes require removal of vegetation and debris embedded in protective grates. 11. Storm manhole #52 and #78 could not be located. 12. Significant erosion around MH #70, MH #71, MH #72, Inlet#24 and Inlet#23 requires backfill and temporary erosion control measures. 13. Storm sewer needs to be televised and reports submitted as noted on attachment 1. In addition, the storm sewer between manhole#44 and structure 50 should be re-televised to confirm that it was repaired. 14. Previously submitted televising reports indicated several deficiencies in regards to the sump pump connections to the main line storm sewer. New reports need to be provided for lots 27, 28, 56, 57, 59, 60, 76, 77, 81, 82, 101, 102, 121, and 122. 15. Catch Basins#6, #15, #64 and #39 are approaching 50% filled capacity and need to be cleaned. Sanitary Sewer 16. MH #15, located in the pavement on Cannonball Trail, requires a new frame and adjustment to grade. 17. MH #32, requires one additional step installed, installation of an approved chimney seal and resetting and centering of the frame to grade. Water 18. The paint on various fire hydrants is flaking and chipping. All fire hydrants should be wire brushed and re-painted. 19. All valves and auxiliary valves need to be checked to ensure they are operational. 20. FH #1 should be rotated to be facing perpendicular to the curb. Ms. Krysti Barksdale-Noble September 19, 2012 Page 3 21. FH #2 and auxiliary valve are 12" below grade and need to be raised. In addition, the hydrant needs to be rotated. 22. FH #3 needs to be lowered to grade and the valve box needs to be realigned. 23. The auxillary valve for FH #5 needs to be located and raised. 24. The valve box located on Lot#1 is damaged and needs to be repaired. 25. There is a leak at the Mega-lug in valve vault#9. This item requires immediate repair. Roadway 26. All weeds and vegetation growing between the curb line and the asphalt should be removed. 27. All damaged curb should be removed and replaced. The curb to be replaced was identified by EEI during the site visit. 28. The binder course needs to be patched in areas of failure, utility cuts, or where significant asphalt segregation has occurred. Asphalt patching shall be 50% thicker than the existing asphalt. Necessary edge grinding shall be included in patching prior to surface installation. EEI will mark the pavement repairs in the field when the developer is ready to proceed. 29. Hot-mix asphalt surface course should be installed once all patching and curb and gutter repairs have been completed. 30. Once installation of the hot-mix asphalt surface course has been completed, hot-poured joint sealer is required along every edge of pavement. 31. Per the First Amendment to the Annexation Agreement, Cannonball Trail from the development to near John Street needs to be milled and resurfaced. 32. All barrier curb installed requires the application of expansion joint sealant per City standard. 33. The detectable handicap warning panels located at the Northwest corner of the intersection of Cannonball Trail and North Carly Circle require removal and replacement. 34. The street light in front of Lot#34, at 844 Carly Court, remains illuminated throughout the daylight hours, therefore repair is required. 35. A 48 hour burn test of the street lights should be completed prior to acceptance. Landscaping 36. The site needs to be maintained/mowed per the City code. Currently the site is not appropriately maintained and is in violation of the weed control ordinance. 37. As outlined in the November 12, 2010 letter from Cemcon (attached), documentation regarding the stormwater management facilities plantings is required. Ms. Krysti Barksdale-Noble September 19, 2012 Page 4 38. The storm water management system maintenance plan agreement needs to be executed. 39. There are several trees that have fallen within lot 134 and need to be removed. 40. A detailed inspection of the landscaping was not performed at this time. The developer should provide us with a status update in regard to the items noted in the April 20, 2010 punchlist letter from the City. If you have any questions or if you require additional information, please call. Very truly yours, ENGINEERING ENTERPRISES, INC. Braille P. Sanderson, P.E. Y Vice President BPS/dss PC: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Laura Schraw, Interim Parks & Rec Director Ms. Lisa Pickering, Deputy Clerk Mr. Ron Wehrli, Crestview Builders Mr. Mike Mueller. Cemcon, Ltd. G:\Public\Yorkville\2012\Y01217-DG Blackberry Woods\Dots\Punch1ist01,docx � �/1 -~� / �J �/�'/ / ---_ - ......... _-_.-_ 4 ~ /B -�-- - . . ' ~ |c, GO -- ) 15 / ' ------~ -'----' ----'----- ~ '-- -- -~---'---'- ----'-----�-------------'--�~---'--'---'---------- \ '---- - '--'�'---- '--------~~-- -''- -- ----------'' '-'-------------------'-----' -'----'�~----- --- - ------- ---------'---- - ----'---'---------'------� ----------- ------'---- ------------ 1 �7 ' . ^~ -�-____--'-- ---------- -----'---~-~'----' - ---------' ''---------'-----------' -------- - � � ~ w --` - - -- -------- -----' 1,14% PL 3 A STORMWATER MANAGEMENT SYSTEM MAINTENANCE PLAN FOR NEW FACILITIES Subject: (development name) SUCH PROPERTY BEING THE REAL PROPERTY NOW DOILY PLATTED AS (DEVELOPMENT NAME),AS SUCH PLAT IS NOW RECORDED As DOCUMENT NO, IN THE OFFICE OF THE RECORDER OF DEEDS OF THE COUNTY OF KENDALL,STATE OF ILLINOIS, HEREBY MAKES THE FOLLOWING DECLARATIONS OF MAINTENANCE RESPONSIBILITIES. Responsibilities Adequate provisions for maintenance of the stormwater system are an essential aspect of long-term drainage performance. Responsibility for the overall maintenance shall rest with the (insert responsible party). Purpose and Obieove: Detention and water quality treatment facilities,storm sewers,swales and native vegetation/buffer areas define a development's stormwater management system. When land is altered to build homes and other developments,the natural system of trees and plants is replaced with impervious surfaces like sidewalks,streets,decks,roofs,driveways,or lawns over highly compacted soils. As a result more rain water/storm water flows off the land at a faster rate and less rain water is absorbed into the soil. This can lead to streambank erosion,downstream flooding and increased concentrations of pollutants. The stormm water management system was designed to help slow the rate of runoff from the development and improve the quality of the storm water leaving the site. Interpretation as to Requirements Under This Maintenance Plan: The requirement for this Maintenance Plan is generated by the City of Yorkville Ordinance 2009-78. The interpretation of the maintenance requirements set forth in this Maintenance Plan shall be interpreted on the basis of the intent and requirements of said Ordinance. Inspection Frequency: Inspection experience will determine the required cleaning frequencies for the components of the stormwater management system. At a minimum, the attached checklist items should be inspected annually. Detention ponds(including the outlet control structure and restrictors) should be inspected on a monthly basis during wet weather conditions from March to November. 5.14 Maintenance Plan Template for New Facilities 1 Maintenance Considerations: Whenever possible,maintenance activities should be performed during the inspection. These activities should be supplemented by repair/replacement as required. A Registered Professional Engineer(PE) shall be hired for design resolution of specific items as indicated on the checklist below. Cost Considerations: Frequent maintenance program work execution will lead to less frequent and less costly long- term maintenance and repair. The attached checklist items may need to be amended based on experience recorded over the initial period of occupancy of the development. Record Kee�in�: Separate and distinct records shall be maintained by the responsible party for all tasks performed associated with this plan. The records shall include the dates of maintenance visits,who performed the inspection, and a description of the work performed, ,the owner's agent,has caused these presents to be signed and acknowledged, this day of ,2 By: 5.14 Maintenance Plan Template for New Facilities 2 Past-Construction Stormwater Management System Inspection Checklist The following checklist describes the suggested routine inspection items and recommended measures to be taken to ensure that the Stormwater Management System functions as designed. When hiring a PE is the recommended tneasure,the PE shall inspect, evaluate and recommend corrective actions. The General section outlines items that should be taken into consideration during inspection and maintenance activities. While performing an overall inspection of your system,please check for the following items. General- • Litter and debris shall be controlled. • Accumulated sediment shall be disposed of properly, along with any wastes generated during maintenance operations. • Riprap areas shall be repaired with the addition of new riprap, as necessary, of adequate size and shape. • Roads and parking lots shall be swept or vacuumed on a periodic basis. • Access path to storm water management facilities should be free from obstructions (woodpiles,sheds,vegetation). • Fences, gates and posts shall be maintained. • Signs shall be maintained. Dams and berms Settlement. If settlement observed,hire a PE, Breaks or failures. If failure observed,notify the Village immediately and hire a PE. Erosion. Repair as needed. Signs of leakage,seepage or wet spots. If observed,hire a PE. Unwanted growth or vegetation. Remove as heeded. Shorelines Erosion or rip-rap failures. Repair as needed Undermining. Stabilize and repair as needed. Outlet and inlet structure Obstructions blocking outlet pipe,restrictor, channel or spillway. Remove obstructions immediately. Separation of joints. Repair as needed. Cracks,breaks,or deterioration of concrete. Repair as needed Scour and erosion at outlet. If observed,repair(consider additional or alternative stabilization methods). Condition of trash racks. Remove any collected debris. Outlet channel conditions downstream. Stabilize soil or remove obstructions as needed. S.14 Maintenance Plan Template for New Facilities 3 Storage Volume Facilities shall be inspected to ensure that the constructed volume for detention is maintained, No sediment,topsoil,or other dumping into the facility shall be allowed. If a detention facility includes specific locations designed to accumulate sediment these locations should be dredged every 5-yrs or when 5011/a of the volume has been lost. Wet ponds lose 0.5 - LOOK of their volume annually. Dredging is required when accumulated volume loss reaches 15%,or approximately every 15-20 years. Storm Sewers System is free draining into collection channels or catch basins. Clean and/or repair as necessary. Catch basins. Remove sediment when more than 50%of basin sump is filled. Siltation in Culvert. Culverts shall be checked for siltation deposit, clean out as necessary, Bridges Any scouring around wing walls. Stabilize and repair as needed. If concerned,hire a PE. Any undermining of footings. Stabilize and repair as needed. If concerned,hire a PE. Swales— All ditches or pipes connecting ponds in series should be checked for debris that may block flow. Repair and replace permanent check-darns as necessary. Verify systems (both drainage ditches and sideyard swales) are maintaining originally constructed design slope and cross-sectional area. If fill or sediment contributes to elevation changes in swale, re-grading and re-shaping shall be performed. Licensed surveyors shall be hired to lay-out and check grades. No landscaping, earthen fill, gardens, or other obstructions (including sheds and other structures) shall be allowed in the swales that would impede design drainage flow patterns. Vegetated Areas— _T_ Need for planting,reseeding or sodding of native areas. Supplement alternative native vegetation if a significant portion has not established(50%of the surface area). Reseed with alternative grass species if original grass cover has not successfully established. Need for planting, reseeding or sodding of turf areas. Supplement alternative native vegetation if a significant portion has not established (75%of the surface area). Reseed with alternative grass species if original grass cover has not successfully established. 5.14 Maintenance Plan Template for New Facilities 4 Invasive vegetation (refer to the Native Plant Guide for Streams and Stormwater Facilities in Northeastern Illinois, or hire an environmental or landscape specialist). Remove as necessary. Wetland Buffers— Inspect for evidence of erosion or concentrated flows through or around the buffer. All eroded areas should be repaired, seeded and mulched. A shallow stone trench should be installed as a level spreader to distribute flows evenly in any area showing concentrated flows. All existing undergrowth, forest floor duff layer,and leaf litter must remain undisturbed except in designated paths or permitted encroachment areas. No tree cutting is allowed except for nonnal maintenance of dead,diseased and damaged trees or, the culling of invasive,noxious or non-native species that are to be replaced by more desirable and native vegetation. A buffer must maintain a dense,complete and vigorous cover of"non-lawn" vegetation which should not be mowed more than once a year. Vegetation may include grass and other herbaceous species as well as shrubs and trees. Use or maintenance activities within the buffer shall be conducted so as to prevent damage to vegetation and exposure of soil. 5,14 Maintenance Plan Template for New Facilities 5 CEMCON, LTD. CONSULTING ENGINEERS,LAND SURVEYORS&PLANNERS November 12, 2010 Ms. Krysti Barksdale-Noble United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Regional Stormwater Conveyance System/Blackberry Woods Landscaping Restoration 772.001/455.065 Dear Ms. Barksdale-Noble: We received your email dated November 1, 2010 regarding the City's request to coordinate landscaping efforts between Rush-Copley and Crestview Blackberry Woods L.L.C. in connection with the Regional Stormwater Conveyance System to be constructed within the Blackberry Woods Development. On Friday November 5`h,2010 a meeting was held to discuss specific timing and responsibilities for this work. Attendees at the meeting included Frank Ferguson — Rush-Copley, Angelo Kleronomos-Crestview Blackberry Woods L.L.C., Randy Bus and Mike Mueller—CEMCON, Ltd. Crestview Blackberry L.L.C. will assume responsibility for the north stormwater management facility (Lot 133) under a cost sharing agreement with Rush Copley. Specifically, this work will include replanting of the north facility in accordance with the approved Stormwater Management Facility Improvement Exhibit prepared by CEMCON Ltd. dated August 4, 2010 and the approved Enhancement and Management Plan as outlined in a document prepared by Down to Earth Environmental, Inc. dated October 22, 2010. Copies of the Exhibit and the Management Plan documents are attached for your reference. The native buffer reseeding of the side slopes will be conducted in the spring of 2011. The landscaping improvements with anticipated timetables and maintenance items are specifically addressed within the Management Plan document. Rush-Copley will be responsible for the stabilization of the improvements and stabilization of the storm sewer outfall area within Lot 134 in accordance with the Final Engineering Plans for the Regional Stormwater Conveyance System. In addition to these improvements Rush-Copley has also agreed to undertake a two-year monitoring and reporting program for the ravine area. Neither party anticipates additional work in the ravine area beyond the work shown on the Final Engineering Plans, the stabilization of several eroded sections of the ravlw as outlined in the Existing Conditions Report from ENCAP, Inc. and in correspondence from CEMCON, Ltd. and the two-year monitoring program as represented in the correspondence from Frank Ferguson of Rush-Copley. 2280 White Oak Circle,Suite 100 • Aurora,Illinois 60502-9675 Phone: 630.862.2100 Fax:630.862.2199 Website:www.cemeon.com Ms. Krysti Barksdale-Noble November 12, 2010 Page Two Please advise if you require additional information regarding this matter. Sincerely, CEMCON, Ltd. Michael J. Mueller, P.E. Sr. Vice President MJM:pb Enc. cc: Frank Ferguson—Rush -Copley Ron Wehrli - Crestview Blackberry Woods LLC Angelo Keronomos-Crestview Blackberry Woods LLC Joe Wywrot- City Engineer Rob Vanni— Down To Earth Environmental, Inc. Randall W. Bus, P.E. - CEMCON Ltd. HA7720DMErrERSM-12-10 Barksdale-Noble @ Yorkville-Landscaping Restoration-Blackberry Woods-,doc s1 CEMCON. LTD. Miff CONSUIUNO EHGgNr.RS,LAND SURVEYORS&PdAP IOUS ENVIitONtAENTAI, INC. October 22,2010 I Laura Schaw City Park Designer 800 Game Farm Road Yorkville;Illinois Re; Blackberry Woods Sto=water Basin Improvement Plan Dear.Ms. Schaw, Down To Earth Environmental,Inc.,on behalf of Crestview Builders, would like to submit an enhancement and management plan for the stonnwater basin located at the Blackberry Woods subdivision. Based on our on-site review,the slopes of the stormwater management facility were not planted according.to the planting plan,but were planted with a general turf grass application. I Crestview Builders proposes-to replant.the slopes with a low profile prairie seed mixture(See attached Cemcon,LTD,plan dated October 20, 2010),as well as a shoreline seed mixture. j Crestview Builders will also create a very aggressive herbicide program to control the domination of Cattails(Typha spp.)within the shoreline,The reduction.in Cattails will allow the existing native vegetation located within the pond to spread, Once the initial management is completed,the slopes and shoreline have been replanted,a standard yearly management program will be followed(See attached Management Plan). I hope this addresses your concerns in regards to-Blackberry Woods.If you have any questions or comments,please do not hesitate to call. Sincerely, Down To Earth Environmental,Inc. liob Vanni Vice President 1 Environmental Consultants 1401 Timber Drive,Elgin,1111nols 60123 Ph 847.6220081 Fx 847-622,1084 i Crestview Builders Blackberry Woods Stormwater Management Facility 2011-2015 Enhancement & Maintenance Plan Purpose Crestview Builders proposes to implement a management plan for the buffer and shoreline area of the Blackberry Woods Stormwater Management Facility, Crestview Builders is performing this scope of work as good housekeeping prior to turning the maintenance responsibility over the Home Owners Association. The execution of this plan will further enhance the existing planting p around the basin. Goal The goal is to reduce invasive species by performing specific maintenance tasks to increase native species dominance. Management Activities Crestview Builders will attempt to control weedy or invasive species within the shoreline areas of the stoinnwater,management facility and re-seed the buffer area with a low profile native i species mixture for the Blackberry Woods Subdivision. i { i Winter 2010-2011 When site conditions present themselves,a Brush Hog will be used on the frozen ice and the Typha spp. (Cattails)will be cut and removed from the site(preparing for herbicide in the Spring k of 2011). fi Spring 2011—General Cattail Herbicide Two times (spring/summer) a herbicide application for all Typha spp.will take place around the stormwater management area.Due to the size of the lake,a broad application,via boom sprayers, will be applied to the newly cut.vegetation. Herbicide will be completed with Rodeo, a water safe-systematic Clyphosate product. All herbicide applications specified in this proposal will be completed by State of Illinois licensed.personnel. Copies of applicable licenses are available upon request. Spring 2011—Woody species removal Shoreline Willow(Salix spp.)and Cottonwood (Populus deltoids)removal-Cut and remove all shoreline Willows and Eastern Cottonwood trees. The trees will be cut close to the water line and then receive a wick application of Garlon herbicide or equivalent to ensure root die back, The cut debris will be removed and disposed of off-site. i Fall 2010-Spring 2011—Native buffer re-seeding Pond slopes will be roto-tilled, raked, seeded and blanketed from the toe of-the slope to the top of the embankment. The attached Wet Mesic/Low Profile Prairie Seed Mix"native seed list will be installed on the pond slopes. We have changed-the seed list to be more suited to the site based on current field conditions. All species planted will have a seed source no more the 250 mile radius from the Blackberry Woods Subdivision. Summer 2011 -Spot Herbicide Application The selective limited application of herbicide will be applied within specific areas of the buffer where weedy/invasive species(1'h,agnritles spp., Cor onfila spp. and TKfalirmn spp)have taken over.These areas will be re-seeded with the attached low profile seed mixture. Summer/Fall 2011 -Native Seed Installation Hand broadcast or mechanical application of a lover profile prairie mix will be spread to supplement select prairie areas that receive herbicide applications. 2012-Year 2 Maintenance Activities Buffer Mowing-Twice per year(spring/fall) Spot Heibiciding (Typha spy) - Conducted twice yearly i Monitoring Report 2013-Year 3 Maintenance Activities Mowing-Twice per year(spring/fall) Spot Herbiciding(typha spp) I - Conducted twice yearly Monitoring Report Controlled burn-Crestview Builders will attempt to burn the buffer and shoreline to promote native seed.growth.Blackberry Woods development naturalized areas shell undergo a prescribed bum in the spring,as fitel and/or weather allows, The prescribed burns performed will help to reduce undesirable weedy species and encourage any native species that may exist in the underlying seed bank. Only a qualified burn contractor shall complete the prescribed burn. Permitting for a prescribed burn requires 90 days,which should be included in scheduling. 2014-Year 4 Maintenance Activities Mowing-Twice per year(spring/fall) Spot Herbiciding(typha spp - Conducted once yearly Monitoring Report I 2015-Year 5 Maintenance Activities Mowing-Once per year Spot Herbiciding(typha spp -Conducted once yearly Monitoring Report Summary At the time of completion of the maintenance program,Crestview Builders-.would like to turn maintenance responsibilities overto the Black-b' eiTy Woods Home Owners Associat.ion.(HOA), The BlaDkberry Woods HOA will be responsible for long term maintenance of the pond and buffer areas. 11 Rush-Copley Medical Center 2000 Ogden Avenue,Aurora,IL 60504 October 15,2010 Krysti Barksdale—Noble,ATCP Community Development Director United City of Yorkville 800 Came Farm Rd. Yorkville,IL.60560 Re: Regional Stormwater Conveyance System Dear Ms.Barksdale-Noble; This letter is provided to confirm that Copley Ventures,Inc.(Rush Copley)has retained ENCAP,Inc.to undertake the two-year monitoring and reporting program(twice yearly) to document conditions of the ravine and recommend remediation if required.The reports will be submitted to the United City oe Yorkville for review and approval.hush Copley acknowledges and is obligated to perform the remedietion work in the ravine,if necessary. Please tet me know if any additional information or clarification is required, S' cerM /'tank r'c"g 1, Cl-IF Director of Facilities Maria emew Cc: Joe Wywrot,City Engineer Randall W.Bus,CEMCON Project file 630/978.6200 L RUSH I 6RUSH SYSTEM FOR HEALTH www.rushcopley.com �n Rush-Copley ! Medical Center 2000 Ogden Avenue,Aurora,IL 60504 October 15,2010 Krysti Barksdale-Noble,AICP Community Development Director United City of Yorkville 800 Game Farm Rd. Yorkville,IL.60560 Re: Regional Stormwater Conveyance System Dear Ms.Barksdale-Noble: This letter is provided to confirm that Copley Ventures,Inc.(Rush Copley)agrees to the following requirements: 1. Provide mowing for turf grasses in the parkway areas to insure that heights will not exceed 8 inches. 2. Provide one application of herbicide to the cattails for eradication. Please let me know if any additional information or clarification is required. Si cerely, Frank Ferguson,CHFM Director of Facilities Management Cc: Joe Wywrot,City Engineer Randall W.Bus,CEMCON Project file 630/978-6200 T RUSH I RUSH SYSTEM FOR iieALTH www.rushcopley.com ,a vp 6, ; - _ ,asp wM•�m 1�1�� . 0 SECl10N A—A c �� .as�ri uat mrsl eir..any 5 = ' r y e Tt &w�ea M scNd /We!P¢alre SeeGd• i (*I—tio n 624.75'-626.25') a.2 me— l_ U sa . i •`tr: C �. �aw��al 2 Allyn Svncar.� Vlud lm i ',�` }*� ♦ s �'., ; xs s a.�r inmmrrmam s«dP u. - ias x� `¢ ty. r a¢rf JA. a ow+n�oe(QaaY)rla w♦c-rr a oe® �U Fdx NdL4 tro .YS .y • f ,4 i sMv Enmmmt r x l w'q0; Cate. nall¢u n er ! f 1P fJ 'I'-, q.neue S 1 Ij l w'_. Q'--i Blun i g°.f ° } - 1 "•l ,r ! 9 Sc is _ Wbel my �F _ /� f4' ,� / Prairie Grass Seed Mix w P �% - • � (E7ssrttSlvnry65.25-630.1). ST rk'uza r rf 7 9¢efYY Lx9e efLvn 2 • s t�r �"fie-�°i smmlP J"" � ✓ �',7d � s o.�,md�n taenu eee r s .� • /R � � � 9 Er �Ue Vlnn .�m� wi Af. S. - F .cn tatle .Galh Asla g+ y Ide v�lmr c y - ' 9i aSU1. >� P irNYlPnemcawn p. — dmr g ��' [r�._ •• m wimp n+m R arms � t oe Fceta¢ sea 3 a acRac+l s • 4431 WHITE ASH �¢waT1� �Vr Ltd. " 'O '� STORMWATER MANAGEMENT FACILITY IMPROVEMENT EXHIBIT BEST HiiPF BuIiAERS �\ C rwrcv _ r• .Lvrvd Xv'en�t k PMrMn - _ NAPERVILLE, ILLINOIS 60564 BLACKBERRY WOODS YWmY 4>16"Oi e'A (630) 922-0511 M_m x T « 1 lq C►T . Reviewed By: ? Q g Agenda Item Number ' Finance NB #4 EST. 1836 Engineer "� City Administrator 4 j� ®1 �' � Human Resources ❑ Tracking Number 0'Q Community Development ❑ Police ❑ PW 2013-49 Public Works ❑ Agenda Item Summary Memo Title: Cannoball Trail LAFO project Meeting and Date: Public Works - October 15, 2013 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Have a question or comment about this agenda item? Call us Monday-Friday,8:OOam to 4:30pm at 630-553-4350,email us at agendas(d),yorkville.il.us,post at www.facebook.com/C`ityofYorkvi tweet us at @CityofYorkville,and/or contact any ofyour elected officials at httb://www;yorkville.il.us/gov ofcials.php CI Ty Memorandum 111g, To: Public Works Committee EST. 1836 From: Bart Olson, City Administrator =saj p Date: October 9, 2013 Benda cu" �� Subject: Cannonball LAFO improvements E ,yr. J p Summary Three action items for the use of MFT funds in the Cannonball LAFO improvements. Background The City approved an engineering agreement in July with EEI to start design of the Cannonball Trail LAFO improvements. After the engineering agreement was approved, we were scheduled to take up a FY 14 budget amendment to cover the acceleration of the project from FY 16/17 to FY 14/15. Due to a miscommunication between staff, the agreement approved was not in a format that authorized use of MFT funds for the project. We have included the correct engineering agreement format for use of MFT funds. The dollar value of the contract is the same as the one previously approved. Additionally, we have attached the MFT resolution for use of MFT funds for the engineering agreement and a FY 14 budget amendment. Recommendation Staff recommends approval of the revised engineering agreement, MFT resolution, and FY 14 budget amendment associated with the Cannonball Trail LAFO project. Illinois Department Resolution for Improvement by Municipality Under the Illinois of Transportation Highway Code BE IT RESOLVED, by the City Council of the Council or President and Board of Trustees United City of Yorkville Illinois City,Town or Village that the following described street(s) be improved under the Illinois Highway Code: Name of Thoroughfare Route From To Cannonball Trail FAU 3791 Blackberry Shore Lane Amanda Lane BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of preliminary and design engineering to prepare plans for milling and resurfacing in accordance with the Local Agency Functional Overlay procedures and guidelines. and shall be constructed 24' e-e &var. wide and be designated as Section 13-00044-00-RS 2. That there is hereby appropriated the (additional 0 Yes ® No) sum of thirty-five thousand and 00/100-------------------------------------- Dollars ( $35,000.00 )for the improvement of said section from the municipality's allotment of Motor Fuel Tax funds. 3. That work shall be done by Contract ; and, Specify Contract or Day Labor BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation. Approved I, Beth Warren Clerk in and for the United City of Yorkville City,Town or Village County of Kendall hereby certify the Date foregoing to be a true, perfect and complete copy of a resolution adopted by the City Council Council or President and Board of Trustees Department of Transportation at a meeting on October 22, 2013 Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of Regional Engineer (SEAL) City,Town,or Village Clerk Printed 10/9/2013 BLR 09111 (Rev. 11/06) Municipality L Name United City of Yorkville p Illinois Department C Engineering Enterprises, Inc. C of Transportation o Township L N Address Bristol 52 Wheeler Road Preliminary Engineering U Count A Services Agreement L City County G For T Kendall E Motor Fuel Tax Funds A Suaar Grove N N Section C T State 13-00044-00-RS y IL THIS AGREEMENT is made and entered into this 22nd day of October 2013 between the above Local Agency(LA) and Consultant(ENGINEER) and covers certain professional engineering services in connection with the improvement of the above SECTION. Motor Fuel Tax Funds, allotted to the LA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the "DEPARTMENT", will be used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. Section Description Name Cannonball Trail LAFO Route FAU 3791 Length 0.80 Mi. 4250.00 FT (Structure No. N/A ) Termini Blackberry Shore Lane to Amanda Lane Description: Milling and resurfacing in accordance with the Local Agency Functional Overlay procedures and guidelines. Agreement Provisions The Engineer Agrees, 1. To perform or be responsible for the performance of the following engineering services for the LA, in connection with the proposed improvements herein before described, and checked below: a. ® Make such detailed surveys as are necessary for the preparation of detailed roadway plans b. ❑ Make stream and flood plain hydraulic surveys and gather high water data, and flood histories for the preparation of detailed bridge plans. c. ❑ Make or cause to be made such soil surveys or subsurface investigations including borings and soil profiles and analyses thereof as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations are to be made in accordance with the current requirements of the DEPARTMENT. d. ❑ Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. e. ❑ Prepare Army Corps of Engineers Permit, Department of Natural Resources-Office of Water Resources Permit, Bridge waterway sketch, and/or Channel Change sketch, Utility plan and locations, and Railroad Crossing work agreements. f. ❑ Prepare Preliminary Bridge design and Hydraulic Report, (including economic analysis of bridge or culvert types) and high water effects on roadway overflows and bridge approaches. g. ® Make complete general and detailed plans, special provisions, proposals and estimates of cost and furnish the LA with five (5) copies of the plans, special provisions, proposals and estimates. Additional copies of any or all documents, if required, shall be furnished to the LA by the ENGINEER at his actual cost for reproduction. h. ❑ Furnish the LA with survey and drafts in quadruplicate of all necessary right-of-way dedications, construction easement and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. Note: Four copies to be submitted to the Regional Engineer Printed 10/9/2013 Page 1 of 4 BLR 05510(Rev. 11/06) i. ® Assist the LA in the tabulation and interpretation of the contractors' proposals j. ❑ Prepare the necessary environmental documents in accordance with the procedures adopted by the DEPARTMENT's Bureau of Local Roads &Streets. k. ❑ Prepare the Project Development Report when required by the DEPARTMENT. (2) That all reports, plans, plats and special provisions to be furnished by the ENGINEER pursuant to the AGREEMENT, will be in accordance with current standard specifications and policies of the DEPARTMENT. It is being understood that all such reports, plats, plans and drafts shall, before being finally accepted, be subject to approval by the LA and the DEPARTMENT. (3) To attend conferences at any reasonable time when requested to do so by representatives of the LA or the Department. (4) In the event plans or surveys are found to be in error during construction of the SECTION and revisions of the plans or survey corrections are necessary, the ENGINEER agrees that he will perform such work without expense to the LA, even though final payment has been received by him. He shall give immediate attention to these changes so there will be a minimum delay to the Contractor. (5) That basic survey notes and sketches, charts, computations and other data prepared or obtained by the Engineer pursuant to this AGREEMENT will be made available, upon request, to the LA or the DEPARTMENT without cost and without restriction or limitations as to their use. (6) That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by him and will show his professional seal where such is required by law. The LA Agrees, 1. To pay the ENGINEER as compensation for all services performed as stipulated in paragraphs 1a, 1g, 1i, 2, 3, 5 and 6 in accordance with one of the following methods indicated by a check mark: a. ® A sum of money equal to 12.00 percent of the awarded contract cost of the proposed improvement as approved by the DEPARTMENT. b. ❑ A sum of money equal to the percent of the awarded contract cost for the proposed improvement as approved by the DEPARTMENT based on the following schedule: Schedule for Percentages Based on Awarded Contract Cost Awarded Cost Percentage Fees Under $50,000 (see note) Note: Not necessarily a percentage. Could use per diem, cost-plus or lump sum. 2. To pay for services stipulated in paragraphs 1b, 1c, 1d, 1e, 1f, 1h, 1j & 1k of the ENGINEER AGREES at actual cost of performing such work plus 141 percent to cover profit, overhead and readiness to serve-"actual cost" being defined as material cost plus payrolls, insurance, social security and retirement deductions. Traveling and other out-of-pocket expenses will be reimbursed to the ENGINEER at his actual cost. Subject to the approval of the LA, the ENGINEER may sublet all or part of the services provided under the paragraph 1b, 1c, 1d, 1e, 1f, 1h, 1j & 1k. If the ENGINEER sublets all or part of this work, the LA will pay the cost to the ENGINEER plus a five (5) percent service charge. "Cost to Engineer" to be verified by furnishing the LA and the DEPARTMENT copies of invoices from the party doing the work. The classifications of the employees used in the work should be consistent with the employee classifications for the services performed. If the personnel of the firm, including the Principal Engineer, perform routine services that should normally be performed by lesser-salaried personnel, the wage rate billed for such services shall be commensurate with the work performed. Printed 10/9/2013 Page 2 of 4 BLR 05510(Rev. 11/06) 3. That payments due the ENGINEER for services rendered in accordance with this AGREEMENT will be made as soon as practicable after the services have been performed in accordance with the following schedule: a. Upon completion of detailed plans, special provisions, proposals and estimate of cost- being the work required by paragraphs 1a through 1g under THE ENGINEER AGREES -to the satisfaction of the LA and their approval by the DEPARTMENT, 90 percent of the total fee due under this AGREEMENT based on the approved estimate of cost. b. Upon award of the contract for the improvement by the LA and its approval by the DEPARTMENT, 100 percent of the total fee due under the AGREEMENT based on the awarded contract cost, less any amounts paid under"a" above. By Mutual agreement, partial payments, not to exceed 90 percent of the amount earned, may be made from time to time as the work progresses. 4. That, should the improvement be abandoned at any time after the ENGINEER has performed any part of the services provided for in paragraphs 1 a, through 1 h and prior to the completion of such services, the LA shall reimburse the ENGINEER for his actual costs plus 141 percent incurred up to the time he is notified in writing of such abandonment-"actual cost" being defined as in paragraph 2 of THE LA AGREES. 5. That, should the LA require changes in any of the detailed plans, specifications or estimates except for those required pursuant to paragraph 4 of THE ENGINEER AGREEs, after they have been approved by the DEPARTMENT, the LA will pay the ENGINEER for such changes on the basis of actual cost plus 141 percent to cover profit, overhead and readiness to serve-"actual cost" being defined as in paragraph 2 of THE LA AGREES. It is understood that"changes" as used in this paragraph shall in no way relieve the ENGINEER of his responsibility to prepare a complete and adequate set of plans and specifications. It is Mutually Agreed, 1. That any difference between the ENGINEER and the LA concerning their interpretation of the provisions of this Agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LA and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 2. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at his last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all surveys, permits, agreements, preliminary bridge design & hydraulic report, drawings, specifications, partial and completed estimates and data, if any from traffic studies and soil survey and subsurface investigations with the understanding that all such material becomes the property of the LA. The ENGINEER shall be paid for any services completed and any services partially completed in accordance with Section 4 of THE LA AGREES. 3. That if the contract for construction has not been awarded one year after the acceptance of the plans by the LA and their approval by the DEPARTMENT, the LA will pay the ENGINEER the balance of the engineering fee due to make 100 percent of the total fees due under this AGREEMENT, based on the estimate of cost as prepared by the ENGINEER and approved by the LA and the DEPARTMENT. 4. That the ENGINEER warrants that he/she has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER, to solicit or secure this contract, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For Breach or violation of this warranty the LA shall have the right to annul this contract without liability. Printed 10/9/2013 Page 3 of 4 BLR 05510(Rev. 11/06) IN WITNESS WHEREOF, the parties have caused the AGREEMENT to be executed in quadruplicate counterparts, each of which shall be considered as an original by their duly authorized officers. Executed by the LA: United City of Yorkville of the (Municipality/Township/County) ATTEST: State of Illinois, acting by and through its By Clerk By (Seal) Title Executed by the ENGINEER: ATTEST: By By Title Title Approved Date Department of Transportation Regional Engineer Printed 10/9/2013 Page 4 of 4 BLR 05510(Rev. 11/06) Ordinance No. 2013- AN ORDINANCE AUTHORIZING THE THIRD AMENDMENT TO THE ANNUAL BUDGET OF THE UNITED CITY OF YORKVILLE, FOR THE FISCAL YEAR COMMENCING ON MAY 1, 2013 AND ENDING ON APRIL 30, 2014 WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS,pursuant to 65 ILCS 5/8-2-9.4, the City adopted Ordinance No. 2013-20 on April 9, 2013 adopting an annual budget for the fiscal year commencing on May 1, 2013 and ending on April 30, 2014; and, WHEREAS,pursuant to 65 ILCS 5/8-2-9.6, by a vote of two-thirds of the members of the corporate authorities then holding office, the annual budget of the United City of Yorkville may be revised by deleting, adding to, changing or creating sub-classes within object classes and object classes themselves. No revision of the budget shall be made increasing the budget in the event funds are not available to effectuate the purpose of the revision; and, WHEREAS, funds are available to effectuate the purpose of this revision. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: That the amounts shown in Schedule A, attached hereto and made a part hereof by reference, increasing and/or decreasing certain object classes and decreasing certain fund balances in the motor fuel tax fund with respect to the United City of Yorkville's 2013- 2014 Budget are hereby approved. Section 2: This ordinance shall be in full force and effect from and after its passage and approval according to law. Ordinance No.2013- Page 1 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , 2013. CITY CLERK ROSE ANN SPEARS DIANE TEELING KEN KOCH JACKIE MILSCHEWSKI CARLO COLOSIMO JOEL FRIEDERS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2013. MAYOR Ordinance No.2013- Page 2 Motor Fuel Tax Fund (15) The Motor Fuel Tax Fund is used to maintain existing and construct new City owned roadways,alleys and parking lots. The fund also purchases materials used in the maintenance and operation of those facilities. FY 2014 FY 2014 FY 2015 FY 2015 FY 2011 FY 2012 FY 2013 FY 2013 Adopted Amended Projected Adjusted Actual Actual Budget Projected Budget Budget Budget Budget Revenue Intergovernmental 535,347 560,028 454,197 522,286 942,000 942,000 455,000 455,000 Investment Earnings 837 570 350 3,200 2,000 2,000 1,000 1,000 Reimbursements 151,000 - - 257 - - - - Miscellaneous 85 - - - - - - - Total Revenue 687,269 560,598 454,547 525,743 944,000 944,000 456,000 456,000 Expenditures Contractual Services 33,516 - - 7,500 23,500 23,500 7,500 7,500 Supplies 227,168 200,355 341,960 200,860 219,556 219,556 228,712 228,712 Capital Outlay 95,806 75,786 231,900 186,652 1,151,400 1,186,400 371,900 471,900 Other Financing Uses 96,000 - - - - - - - Total Expenditures 452,490 276,141 573,860 395,012 1,394,456 1,429,456 608,112 708,112 Surplus(Deficit) 234,779 284,457 (119,313) 130,731 (450,456) (485,456) (152,112) (252,112) Ending Fund Balance 640,399 924,857 465,255 1,055,588 605,132 570,132 418,020 318,020 141.5% 334.9% 81.1% 267.2% 43.4% 39.9% 68.7% 44.9% $1,500 Fund Balance $1,000 0 s ~ $500 $0 1 United City of Yorkville Motor Fuel Tax Fund 15 MOTOR FUEL TAX FUND REVENUE FY 2011 FY 2012 FY 2013 FY 2013 FY 2014 FY 2014 FY 2015 FY 2015 Account Description Actual Actual Budget Projected Adopted Amended Projected Adjusted Intergovernmental 15-000-41-00-4112 MOTOR FUEL TAX 425,971 417,416 415,000 410,000 410,000 410,000 415,000 415,000 15-000-41-00-4113 MFT HIGH GROWTH 24,674 39,197 39,197 39,164 40,000 40,000 40,000 40,000 15-000-41-00-4170 STATE GRANTS 11,580 30,293 - - 492,000 492,000 - - 15-000-41-00-4172 ILLINOIS JOBS NOW PROCEEDS 73,122 73,122 - 73,122 - - - - Total: Intergovernmental $535,347 $560,028 $454,197 $522,286 $942,000 $942,000 $455,000 $455,000 Investment Earnings 15-000-45-00-4500 INVESTMENT EARNINGS 837 570 350 3,200 2,000 2,000 1,000 1,000 Total: Investment Earnings $837 $570 $350 $3,200 $2,000 $2,000 $1,000 $1,000 Reimbursements 15-000-46-00-4605 REIMS-OLD JAIL/DWTWN PARKING LOT 151,000 - - - - - - - 15-000-46-00-4690 REIMB-MISCELLANEOUS - - - 257 - - - - Total: Reimbursements $151,000 $0 $0 $257 $0 $0 $0 $0 Miscellaneous 15-000-48-00-4850 MISCELLANEOUS INCOME 85 - - - - - - - Total: Miscellaneous $85 $0 $0 $0 $0 $0 $0 $0 Total: MET FUND REVENUE $687,269 $560,598 $454,547 $525,743 $944,000 $944,000 $456,000 $456,000 2 United City of Yorkville Motor Fuel Tax Fund 155 MOTOR FUEL TAX FUND EXPENDITURES FY 2011 FY 2012 FY 2013 FY 2013 FY 2014 FY 2014 FY 2015 FY 2015 Account Description Actual Actual Budget Projected Adopted Amended Projected Adjusted Contractual Services 15-155-54-00-5438 SALT STORAGE - - - 7,500 7,500 7,500 7,500 7,500 $45k Total-$75001Yr-thru FY2018 15-155-54-00-5462 PROFESSIONAL SERVICES 2,587 - - - - - - - 15-155-54-00-5495 OUTSIDE REPAIR&MAINTENANCE 30,929 - - - 16,000 16,000 - - Total: Contractual Services $33,516 $0 $0 $7,500 $23,500 $23,500 $7,500 $7,500 Supplies 15-155-56-00-5618 SALT 132,777 129,391 231,000 115,000 126,000 126,000 132,300 132,300 15-155-56-00-5619 SIGNS 1,232 6,732 35,000 20,000 15,000 15,000 15,000 15,000 15-155-56-00-5632 PATCHING 52,481 47,093 50,000 47,007 50,000 50,000 50,000 50,000 15-155-56-00-5633 COLD PATCH 9,892 5,855 11,660 6,441 12,826 12,826 14,109 14,109 15-155-56-00-5634 HOT PATCH 7,658 11,284 14,300 12,412 15,730 15,730 17,303 17,303 15-155-56-00-5640 REPAIR&MAINTENANCE 23,128 - - - - - - - Total: Supplies $227,168 $200,355 $341,960 $200,860 $219,556 $219,556 $228,712 $228,712 Capital Outlay 15-155-60-00-6003 MATERIAL STORAGE BLDG CONST - - - - 75,000 75,000 - - 15-155-60-00-6025 ROAD TO BETTER ROADS PROGRAM - - 250,000 250,000 250,000 250,000 15-155-60-00-6072 DOWNTOWN PARKING LOT 42,420 875 - - 492,000 492,000 - - 15-155-60-00-6073 GAME FARM ROAD PROJECT 31,456 68,086 110,000 110,000 212,500 212,500 15-155-60-00-6074 FOX ROAD PROJECT 21,930 - - - - - 15-155-60-00-6075 RIVER ROAD BRIDGE PROJECT - 6,825 - - - - - - 15-155-60-00-6079 ROUTE 47 EXPANSION - - 121,900 76,652 121,900 121,900 121,900 121,900 15-155-60-00-6089 CANNONBALL LAFO PROJECT - - - - - 35,000 - 100,000 Total: Capital Outlay $95,806 $75,786 $231,900 $186,652 $1,151,400 $1,186,400 $371,900 $471,900 Other Financing Uses 15-155-99-00-9923 TRANSFER TO CITY-WIDE CAPITAL 96,000 - - - - - - - Total: Other Financing Uses $96,000 $0 $0 $0 $0 $0 $0 $0 Total: MFT EXPENDITURES 45$ 2,490 $276,141 $573,860 $395,012 $1,394,456 $1,429,456 $608,112 $708,112 3 lq C►T . Reviewed By: ? Q g Agenda Item Number ' Finance ❑ NB #5 EST. 1836 Engineer "� City Administrator 4 j� ®1 � Human Resources ❑ Tracking Number 0'Q Community Development Police ❑ PW 2013-50 Public Works ❑ Agenda Item Summary Memo Title: Adoption of FEMA Flood Plain Maps Meeting and Date: Public Works—October 15, 2013 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Have a question or comment about this agenda item? Call us Monday-Friday,8:OOam to 4:30pm at 630-553-4350,email us at agendas(d),yorkville.il.us,post at www.facebook.com/C`ityofYorkvi tweet us at @CityofYorkville,and/or contact any ofyour elected officials at httb://www;yorkville.il.us/gov ofcials.php Memorandum To: Public Works Committee EST — isss From: Bart Olson, City Administrator ` CC: Date: October 10, 2013 Subject: FEMA floodplain maps LLE�% Summary Adoption of FEMA floodplain map updates, for purposes of enforcing local codes. Background This item was last discussed by the City Council in 2008, when the 2009 FEMA floodplain maps were adopted. Every few years, FEMA sends us updated floodplain maps for our adoption. The updated maps are based on more recent studies and data, and allow us to better enforce building code restrictions within floodplains. The maps themselves are very large and are referenced in the attached ordinance only by panel number and effective date. If anyone is interested in seeing the actual FEMA maps, they can be viewed at City Hall during normal business hours, or they can be viewed on FEMA's website at https://msc.fema.gov/webapp/wcs/stores/servlet/mapstore/homgpage/MapSearch.html. We have also attached an exhibit from EEI indicating the areas of change. Recommendation Staff recommends approval of the ordinance adopting the most recent FEMA floodplain maps. Ordinance No. 2013- AN ORDINANCE ADOPTING THE REVISED FEMA FLOOD MAPS FOR THE CITY OF YORKVILLE AS PART OF THE CITY'S STORMWATER MANAGEMENT REGULATIONS WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, all development, stormwater management activities, soil erosion control practices, and floodplain protection measures within Kendall County must comply with the Kendall County Stormwater Management Ordinance, whether or not such activities occur within an incorporated municipality; and, WHEREAS, the City adopted by reference the Kendall County Stormwater Management Ordinance to require that all development, stormwater management activities, soil erosion control practices, and floodplain protection measures within the City are subject to and must comply with the Kendall County Stormwater Management Ordinance, and further for the purpose of providing the City with enforcement rights against activities which do not comply with the Kendall County Stormwater Management Ordinance, to the extent permitted by law; and, WHEREAS, the Federal Emergency Management Agency (FEMA) has established new flood map panels that include the City and is required to approve the legally enforceable floodplain management measures within the City; and, WHEREAS, the City desires to comply with the implementation of the floodplainl management requirements of FEMA and hereby adopts this ordinance. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: That Title 8, Chapter 7, Section 8-7-1 of the Yorkville City Code, as amended,be and is hereby amended by adding subsections I. and J. to read as follows: "I. Ratifications For the purposes of this chapter, the city hereby adopts and ratifies the flood insurance study (FIS) and the flood insurance rate map (FIRM) promulgated and published by FEMA effective as of January 8, 2014 for Kendall County. The city also adopts and ratifies all other flood map panels now in effect for land located within the corporate limits of the city and all unincorporated land lying within its planning jurisdiction. J. Compliance This chapter shall be construed so as to require continued compliance with the standards of the National Flood Insurance Program, and the administrative regulations promulgated Ordinance No.2013- Page 1 thereunder, including, but not limited to,the requirements of 44 CFR 60.3, as amended. In the event FEMA revises or republishes map panels or other portions of the FIS and FIRM that affects land lying within the city or unincorporated land within its planning jurisdiction, such revisions shall be deemed adopted and incorporated herein by reference upon the publication thereof by the city clerk." Section 2: This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , 2013. CITY CLERK ROSE ANN SPEARS DIANE TEELING KEN KOCH JACKIE MILSCHEWSKI CARLO COLOSIMO JOEL FRIEDERS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2013. MAYOR Ordinance No.2013- Page 2 Legend v c c,� m� O 3 °=Lowry � W/ Floodway Decrease �N �3 M CD 1 % Decrease Cornell m c 0 .2 % Decrease Rochester Floodway Increase - 1 % Increase y Je cho ° ri 0 .2 % Increase ° Knell No Change a m t i mAucutt Fairfield Shetland o C 0I g , Turnberry �,m°�¢, E Kennedy a° Fox'rmll°O � Die Countryside-� m ° ° m Star oaoro/e%h�c '°i .a_ ��T Victoria c O Ir yk\(� OT. 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United City of Yorkville OCTOBER 2013 FEMA MAP REVISION EXHIBIT 52 Wheeler Road 800 Game Farm Road PROJECT NO.: Y01305 BLACKBERRY C RE E K Sugar Grove, Illinois 60554 Yorkville, IL 60560 BY. KKP UNITED CITY OF YORKVILLE, ILLINOIS LOCATION MAP (630) 466-6700 PATH: H:1GISIPUBLICIYORKVILLE120131Y01305 www.eeiweb.com NO R T H FILE: Y01305 LOCATION1.MXD u � � Legend a W/O Floodway Decrease 1 % Decrease NA 0 .2 % Decrease F l o o d w a y Increase Whitetail Ridge c Vd°°a o w Y \Y°� - 1 % Increase Whitetail ❑ D 0 .2 % Increase 4S NP m No Change cr °j -Q��LE CREEK TRIBUT ARC O Ament NP h� G Y Q Wheeler Gates f' f EE rt P S Walker Ll z a I � r d d Caton-Farm m REM CD 0 U F ` _ gt$�T P L E CREEK T Helmar � `. Ail E CREEK,TRT�� /Gr\Ga9° 4�e �j RY A G ST A��S tiGar WESTAUX,SABL en j 1 - - t U e A WEST'��x$ LL Li AUx K Z f NP O� c .o m 2,000 1,000 0 2,000 Feet DATE: Engineering Enterprises, Inc. United City of Yorkville OCTOBER 2013 FEMA MAP REVISION EXHIBIT 52 Wheeler Road 800 Game Farm Road PROJECT NO.: Y01305 AUX SABLE CREEK Sugar Grove, Illinois 60554 Yorkville, IL 60560 BY. KKP UNITED CITY OF YORKVILLE, ILLINOIS LOCATION MAP (630) 466-6700 PATH: H:\GIS\PUBLIC\YORKVILLE\2013\YO1 www.eelweb.com N 0 R T H FILE: Y01305 LOCATION2.MXD lq C►T . Reviewed By: ? Q g Agenda Item Number ' Finance ❑ OB #1 EST. 1836 Engineer "� City Administrator 4 j� ®1 � Human Resources ❑ Tracking Number 0'Q Community Development Police ❑ PW 2013-43 Public Works ❑ Agenda Item Summary Memo Title: Caledona LOC Call Meeting and Date: Public Works October 15, 2013 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: 10-08-13 Action Taken: City Council table Item Number: Type of Vote Required: N/A Council Action Requested: Discussion Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Have a question or comment about this agenda item? Call us Monday-Friday,8:OOam to 4:30pm at 630-553-4350,email us at agendas(d),yorkville.il.us,post at www.facebook.com/C`ityofYorkvi tweet us at @CityofYorkville,and/or contact any ofyour elected officials at httb://www;yorkville.il.us/gov ofcials.php Memorandum To: Public Works Committee EST — isss From: Bart Olson, City Administrator CC: Date: October 10, 2013 Subject: Caledonia LOC call Summary Review of Caledonia subdivision completion and necessity of letter of credit call. Background This item was last discussed by City Council at the October 8th meeting. At that meeting, the City Council tabled the item back to Public Works Committee. Staff met with the Caledonia developer the week prior to the meeting, in which the developer agreed to restart infrastructure completion within the subdivision. As of this week, they have indicated they will have a contractor onsite to start underground work by the end of October. They have also committed to providing a more detailed schedule for the remaining infrastructure. A verbal update will be given at the meeting as to the progress of receiving a detailed construction schedule. One outcome of the staff meeting was that the developer inquired about clearing up some annexation agreement issues (land-cash payments) in exchange for transfer of sidewalk and parkway tree obligations onto homebuilders. The transfer of sidewalk and parkway tree obligations onto homebuilders has been approved in some of our recent annexation agreement amendments, and we feel the tradeoff of cleaning up old issues is beneficial to the City. It is likely that an annexation agreement amendment will be in front of the City Council in the next few months. Recommendation At this time, staff is comfortable with a tabling of the item to the November Public Works Committee meeting. If we find the developer has missed their October deadlines, we can make a determination for future action at the November Public Works Committee meeting. D Cll o Memorandum s EST. - _ leas To: Bart Olson, City Administrator OL `` From: Brad Sanderson, EEI p CC: Eric Dhuse, Director of Public Works �dAC "Ty '= Krysti Barksdale-Noble, Community Dev. Dir. <LE Lisa Pickering, Deputy City Clerk Date: September 9, 2013 Subject: Caledonia Subdivision The United City of Yorkville is currently holding irrevocable letter of credits (LOC's) as noted below for work to be completed on the Caledonia Subdivision: Phase 1 • Old Second Bank No. 2912 $745,764.75 • Old Second Bank No. 2927 $57,151.80 Phase 2 • Old Second Bank No. 2968 $361,512.45 • Old Second Bank No. 309000356 $69,866.50 The LOC's for Phase 1 of the development have been in place since August 4, 2005 and for Phase 2 of the development since August 11, 2006. The developer has failed to complete the land improvements per the approved plan for the development and has some significant outstanding work as outlined in the attached punchlist letter and cost estimate dated December 19, 2012. We have attached correspondence from the City, dated March 4, 2013 that was sent to the developer in an attempt to obtain a new development schedule. No significant progress has been made since the correspondence was sent. Based on the amount of outstanding work and the lack of progress from the current developer, staff is recommending that the LOC's be called in their entirety for the completion of the work. In addition to the correspondence noted above, we have attached the copies of the LOC's for your information. Should the Public Works Committee be in favor of calling the LOC's for the Caledonia Subdivision, this matter can be placed on the September 24, 2013 City Council meeting agenda for further discussion and consideration. Upon approvals, letters to Old Second Bank will be drafted and sent via certified mail immediately. Engineering Enterprises, Inc. December 19, 2012 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Caledonia—Phases 1 and 2 United City of Yorkville Kendall County, Illinois Ms. Barksdale-Noble: Representatives from Engineering Enterprises, Inc. performed an onsite punch list inspection of the public improvements for the above referenced project. A summary of the punch list items is listed below. General 1. Record drawings should be submitted for review. 2. There is a substantial amount of concrete washout and construction debris deposited throughout the subdivision. All debris and spoils should be removed. 3. All damaged silt fence should be removed from the site. 4. Erosion and sedimentation measures as detailed on the plans require maintenance and additional installations at locations experiencing erosion. All erosion and sedimentation control issues should be addressed immediately. 5. Lots 1, 2, and 72 have asphalt parking areas built on them. These asphalt areas should be removed and the lots graded smooth and restored. Sanitary Sewer 6. Structure S-14-4 needs to be cleaned of debris. 7. Structure S-4-5-3-1 needs to be raised to grade. 8. Structure 6-4-4 needs to have its frame replaced. 52 Wheeler Road, Sugar Grove, IL 60554 - (630) 466-6700 tel - (630)466-6701 fax - www.eeiweb.corrs Ms. Krysti Barksdale-Noble December 19, 2012 Page 2 9. Structure S-4-9-3 needs to have its rings and frame reset. 10. Marking posts for the sanitary services should be re-installed if necessary. 11 . All sanitary sewer needs to be televised. Storm Sewer 12. The following storm structures need to have the fillets installed , reinstalled, or repaired: CB 108 CB 405 INL 326 CB 226 CB 508 INL 336 CB 227 CB 409 INL 337 CB 303 INL 109 INL 341 CB 307 INL 127 INL 350 CB 319 INL 232 INL 407 CB 322 INL 304 INL 410 CB 325 INL 305 INL 509 CB 335 INL 308 INL 703 CB 340 INL 320 CB 359 INL 323 13. The following structures have cracked adjusting rings which need to be replaced: CB-118 CB-214 M-210 CB-119 CB-250 CB-347 CB-143 1-205 CB-350 14. Structures E-700 and 1-341 need to be cleaned of debris. i 15. The following structures need their frames adjusted to the proper grade: CB-140, CB-141 , CB- 143. I 16. The following structures need to have their sump connections mortared: CB-212, CB-239, CB- 355, 1-124. 17. The following structures need to have their frames and adjusting rings reset: CB-114, CB-355, M- 107, M-1291 M-324, M-358, 18. Several curb structures are getting water and soil infiltration from behind the structures. These structures should be excavated behind and sealed with mortar. The following structures need to be sealed: CB-250, CB-506, 1-341 , 1-507. 19. Structure M-101 is missing the required steps. 20. Structures M-202 and M-203 are holding water. This should be investigated to ensure there are no blockages or damage to downstream pipes. When the issue is determined and the structures are drained of water, they will need to be inspected. 21 . All storm sewer 12" diameter and larger needs to be televised. All storm sewers should be jetted prior to televising . i Ms. Krysti Barksdale-Noble December 19, 2012 Page 3 Water Main 22. All fire hydrants should be wire brushed and re-painted. 23. Fire hydrants 46 and 28 need to be adjusted to the correct grade. 24. Valve boxes for the following fire hydrants need to be adjusted to the correct grade: FH 29, FH 42, FH 45, FH 48. 25, Marking posts for the water services should be re-installed if necessary. Roadway 26. There are several areas of sidewalk that are considered unacceptable by the City due to cracking or spalling needs to be replaced. 27. There are several areas of curb that are considered unacceptable by the City due to excessive cracking, chipping, or spalling needs to be replaced. 28. The curb needs to be backfilled in several areas throughout the subdivision. 29. Sidewalk needs to be completed for all the vacant lots throughout the subdivision. 30. Sidewalk needs to be completed across the public areas throughout the subdivision . 31 . The area from 3 feet behind the proposed sidewalk to the roadway for all vacant Lots should be restored with topsoil, seed, and erosion control blanket. 32. Necessary patching of the asphalt base course is needed prior to paving surface course. 33. Hot-Mix Asphalt Surface Course, Mix C, N50 needs to be placed throughout the subdivision. Prior to paving operations, butt joints shall be constructed as required, and bituminous prime coat shall be applied. 34. Once installation of the hot-mix asphalt surface course has been completed, hot-poured joint sealer is required along every edge of pavement. 35. All pavement markings within the subdivision need to be completed. 36. The only stop sign installed is at Caledonia Drive and Corneils Road. All other stop signs and yield signs need to be installed per plan. 37. Street name signs need to be installed at the corner of Pinewood Drive and Caledonia Drive, 38. A 48 hour burn test of the street lights should be completed prior to acceptance. 39. The following street lights were not working at the time of inspection and should be repaired: L- 281 L-351 L-341 L-37, L-44, L-22. Ms. Krysti Barksdale-Noble December 19, 2012 Page 4 Landscaping i 40. All parkway trees need to be installed in the vacant lots. 41 . Several trees and other landscaping items, including the entry monument, have not been installed (see attached exhibit). All landscaping items need to be installed per the landscaping plan. Enclosed for your use is an Engineer's Opinion of Probable Construction Costs and a summary of quantities for the above noted items. If you have any questions or require any additional information please contact our office. Very truly yours, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President BPS/kdw Enclosures PC: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Laura Schraw, Interim Parks & Rec Director Ms. Lisa Pickering, Deputy Clerk JWF \\MILKYWAY\EEI_Storage\Does\Public\Yorkville\2012\Y01231 -DG Caledonia\Docs\Icoy01-punchlist.doc Engineering Enterprises,Inc. 52 Wheeler Road,Sugar Grove,It 60554 0, JOB NO: i Y01231 PREPARED BY: I KDW DATE: December 19,2012 PROJECT TITLE: CALEDONIA Engineer's Opinion of Probable Construction Cost ITEM UNIT NO. ITEM UNIT QUANTITY PRICE AMOUNT 1 STRUCTURE ADJUSTMENT EACH 4 $ 300.00 $ 1,200.00 2 NEENAH R-1712-C 1390 LBS/CONCEALED PICK HOLES EACH 1 $ 300.00 $ 300.00 3 RESET FRAME AND/OR ADJUSTING RINGS EACH 7 $ 300.00 $ 2,100.00 4 REMOVE DEBRIS FROM STRUCTURE EACH 3 $ 100.00 $ 300.00 b REPLACE CONCRETE ADJUSTING RINGS EACH 9 $ 300.00 $ 2,700.00 6 INSTALL,REINSTALL OR REPAIR FILLETS IN STORM STRUCTURE EACH 31 $ 75.00 $ 2,325.00 7 MORTAR PIPE OPENINGS IN MANHOLE EACH 4 $ 100.00 $ 400.00 8 MORTAR BEHIND CURB STRUCTURES EACH 4 $ 300.00 $ 1,200,00 9 INSTALL STEPS INSIDE STRUCTURE EACH 1 $ 350.00 $ 350.00 10 REMOVE FILTER FABRIC LS 1 $ 500.00 $ 500.00 11 REMOVE CONCRETE WASHOUTS AND CONSTRUCTION DEBRIS LS 1I $ 6,000.00 $ 6,000.00 12 MISCELLANEOUS STORM SEWER REPAIRS LS 1 $ 7,500.00 $ 7,500.00 13 MISCELLANEOUS SANITARY SEWER REPAIRS LS 1 $ 7,500.00 $ 7,500.00 14 INSTALL WATER SERVICE MARKING POST EACH 72 $ 50.00 $ 3,600.00 15 INSTALL SANITARY SERVICE MARKING POST EACH 72 $ 50.00 $ 3,600.00 16 CONSTRUCT NEW SIDEWALK ON EMPTY LOTS SF 59,000 $ 8.00 $ 472,000.00 17 CONSTRUCT NEW SIDEWALK ON PUBLIC LOT SF 3,500 $ 8.00 $ 28,000.00 18 REMOVE AND REPLACE.SIDEWALK SF 350 $ 10.00 $ 3,500.00 19 REMOVE AND REPLACE 86.12 CURB AND GUTTER FOOT 350 $ 32.00 $ 11,200.00 20 HOT-MIX ASPHALT SURFACE REMOVAL-BUTT JOINT SY 50 $ 20.00 $ 1,000.00 21 BITUMINOUS MATERIALS(PRIME COAT) GAL 4,326 $ 1.50 $ 6,499.00 22 HOT-MIX ASPHALT SURFACE COURSE,MIX C,N50 TON 2,500 $ 75.00 $ 187,500.00 23 ROADWAY EDGE SEALER GAL 185 $ 50.00 $ 9,250.00 24 CLASS"D"PATCHES,4" BY 560 $ 40.00 $ 22,000.00 25 STOP SIGNS AND POSTS EACH 10 $ 500,00 $ 5,000.00 26 YIELD SIGNS AND POSTS EACH 5 $ 500.00 $ 2,500.00 27 STREET NAME SIGNS EACH 2 $ 150.00 $ 300.00 28 REMOVESILTFENCE FOOT 2,000 $ 2.00 $ 4,000.00 29 REMOVE ASPHALT ON LOT,REGRADE LOT SY 1,160 $ 5.00 $ 5,900.00 30 FURNISH AND PLACE TOPSOIL,VARIABLE DEPTH SY 20,850 $ 5.00 $ 104,250.00 31 SEED AND BLANKET SY 21,000 $ 5.00 $ 105,000.00 32 STREET LIGHT REPAIR EACH 6 $ 2,000.00 $ 12,000.00 33 DETECTABLE WARNINGS SF 780 $ 25.00 $ 19,500.00 34 THERMOPLASTIC PAVEMENT MARKING LINE-LINE 24' FOOT 150 $ 5.00 $ 750.00 35 FIRE HYDRANT ADJUSTMENT EACH 2 $ 1,000.00 $ 2,000.00 36 PAINT FIRE HYDRANT EACH 15 $ 100.00 $ 1,500.00 37 VALVE BOX ADJUSTMENT EACH 4 $ 300.00 $ 1,200,00 38 INSTALL OUTSTANDING LANDSCAPING LS 1 $ 75,000.00 $ 75,000.00 39 PARKWAY TREES EACH 220 $ 600.00 $ 110,000.00 40 PREPARE RECORD DRAWINGS LS 1 $ 15,000.00 $ 15,000.00 41 SOIL EROSION AND SEDIMENT CONTROL MAINTENANCE LS 1 $ 10,000.00 $ 10,000.00 42 TELEVISE SEWER LS 1 $ 13,500.00 $ 13,500.00 TOTAL ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST $ 1,287,914.00 \MilkywaykEE1 Storage\Dons\Public\Yorkville\2012\YO1231-DG Caledonia\Eng\EOPC 2012-1242.%IS 1 E ( 'Ntlld 3dtlO50Ntl1 till S! tll 0a31tl� ®EJ 5i 4�fll!liilltltl;lu{.�li r � 8 'is { � �� ! ! S 4 $ x ( 41 ! 1 ( I [ Sl lx,fl Y♦ a i, ({Ili��) �s��I�t1�(4!3�'s"!�9�i �1 I�• �� v a �� , if r � w gj MI al I z tt r, v 4 � G W v L� !"Inm I � 8� r h ••''r- o V9 ---- � S n v I --•1-' ( Imo' ♦ I m 1 i m I mn I L_ N w LO Imm X 7 I \ � Z. LU l I eT 45 ILLr Yi G\ Ld a \/3 - LIJ L] i N z z� aw � o MCL Z � I� + G y ®d a 4.0 g� p S L ,dt t 6 IL t J1 w Cq Q r .t, t��• a �,�tif1 Iyr• If� l 65l LU l V'i cip`,n United City of Yorkville 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 <LE `vv March 4, 2013 Mr. William Haworth Ziemia, LLC 2250 Southwind Blvd. Bartlett, Illinois 60103 I Re: CALEDONIA SUBDIVISION(PHASE 1)—YORKVILLE,IL OLD SECOND NATIONAL BANK: LETTERS OF CREDIT#2912 AND #2927 I Dear Mr. Haworth: The United City of Yorkville is currently holding two (2) irrevocable letters of credit (LOC) in the amount of $745,764.75 for site work improvements and $57,151.80 for landscaping improvements to be completed by Wyndham Deerpoint Homes for the above-referenced project.The aforementioned letters of credit have been amended since their initial issuance on 07/7/05 and 10/3/05,respectively. According to our recent inspection of the project site and the last punchlist generated on December 19,2012,the Caledonia Subdivision—Phase I project remains substantially incomplete. If you intend to proceed with the construction of the remaining work items for the development in the near future, the City requires an immediate amended letter of credit with a revised expiration date and an anticipated completion schedule. For your reference, a copy of the original and amended letters of credit, punchlist and Development Plat have been enclosed. If a response has not been received within thirty (30) days from the date of this letter, the City may exercise its right to draw upon the current LOC and demand payment. I look forward to hearing from you. Should you have any questions,please do not hesitate to contact me directly at 630.553.8573 or knoble@yorkville.il.us. Sincerely, Krysti J.Barksdale-Noble,AICP Community Development Director Enclosures Cc: Bart Olson, City Administrator Kathleen Field-Off, City Attorney Brad Sanderson,EEI, City Engineer Lisa Pickering,Deputy City Clerk cip,� United City of Yorkville 800 Game Farm Road Esr. 1 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 c Fax: 630-553-7575 <kE % 2� March 4, 2013 Mr. William Haworth Ziemia, LLC 2250 Southwind Blvd. Bartlett,Illinois 60103 Re: CALEDONIA SUBDIVISION (PHASE II)—YORKVILLE,IL OLD SECOND NATIONAL BANK: LETTERS OF CREDIT#2968 AND#309000356 Dear Mr. Haworth: The United City of Yorkville is currently holding two (2) irrevocable letters of credit (LOC) in the amount of $361,512.45 for site work and earthwork improvements and $69,866.50 for landscaping improvements to be completed by Wyndham Deerpoint Homes for the above-referenced project. The aforementioned letters of credit have been amended since their initial issuance on 08/8/06 and 3/9/07,respectively. According to our recent inspection of the project site and the last punchlist generated on December 19, 2012, the Caledonia Subdivision —Phase H project remains substantially incomplete. If you intend to proceed with the construction of the remaining work items for the development in the near future, the City requires an immediate amended letter of credit with a revised expiration date and an anticipated completion schedule. For your reference, a copy of the original and amended letters of credit, punchlist and Development Plat have been enclosed. If a response has not been received within thirty (30) days from the date of this letter, the City may exercise its right to draw upon the current LOC and demand payment. I look forward to hearing from you. Should you have any questions, please do not hesitate to contact me directly at 630.553.8573 or knoble(a)-,yorkville.il.us. Sincerely, 1144�'74"�'. Krysti J.Barksdale-Noble,AICP Community Development Director Enclosures Cc: Bart Olson, City Administrator Kathleen Field-Orr, City Attorney Brad Sanderson,EEI, City Engineer Lisa Pickering, Deputy City Clerk 001d Second Old Second National Bank July 7, 2005 Mayor and Aldermen City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Caledonia Subdivision - Phase I Letter of Credit No. 2912 For Account of W nti dham Deemoint Homes Amount $4,135, 187,65 Date July 7, 2005 Gentlemen: The undersigned, Old Second National Bank, by Fred Sinkovits, Vice President, its duly authorized agent, hereby establishes and issues this Irrevocable Letter of Credit in favor of the City of Yorkville in the amount of $4,135,187.65, which represents 110% of the cost of the improvements described herein. Such credit is available to be drawn upon by said City upon presentation to this bank of your demand for payment accompanied by a copy of this Letter of Credit. This Letter of Credit is issued for the purpose of securing and paying for the installation of the following public improvements in the aforesaid subdivision: DIVISION "A" - SANITARY SEWERS (engineer's estimate =$ 373,343.00) DIVISION "B" - WATER MAIN (engineer's estimate = $ 382,760.00) DIVISION "C" - STORM SEWERS (engineer's estimate = $ 1 ,040,777.00) DIVISION "D" - STREETS (engineer's estimate = $ 830,245.00) DIVISION "E" - DETENTION BASIN & EXCAVATION (engineer's estimate = $ 1 ,021 , 131 .50) The costs of the foregoing improvements are detailed in the attached Engineer's Cost Estimate. The development is legally described as follows: See Attached Exhibit "A" . - 37S.River St.,Aurora,IL60506-4172,630-892-02D2 • 555 Redwood Dr.,Aurora,IL 60506-3309,630-8443555 1350 N.Farnsworth Ave.,A"fora,IL 60505-2068,630851-7700 . 1230N.Orchard Road,Aurora,IL 60506-7931,630.966-1300 4080 Fox Valley Or.Dr.,Aurora,IL 60504-4109,630-499-4330 200 W.John St.,North Aurora,IL 60542-1685,630-859-3400 1991 W.Wilson St., Batavia, 11_60510-1680,630-406-10001 23 5.Fourth St.,Geneva,IL 60134-2106,630-208-0210 801 S.Kirk Road,St.Charles, IL 60174-3407,630-762-3840 , 1200 Douglas Rd.,Oswego,IL 60543-6956,630-551-1200 Q wwmo2bancorp.com Route 47 @Cross St.,Sugar Grove,IL 60554-0510,630-066-4841 . 815E.Ogden Ave, Naperville,IL 60563-2834,630753-8000 Member FDIC MW I Letter of Credit No. 2912 Wyndham Deerpoint Homes Page 2 Said public improvements shall be constructed by Wyndham Deerpoint Homes, our customer, in accordance with the plans, specifications, completion schedules and cost estimates prepared by Spaceco, Inc. The undersigned agrees that this Irrevocable Letter of Credit shall remain in full force and effect and pertain to any and all amendments or modifications which may be made from time to time to the plans, specifications and cost estimated for said modifications. This Irrevocable Letter of Credit shall expire on July 7, 2006, provided, however, the undersigned shall notify the City Clerk by certified or registered mail, return receipt requested, at least ninety (90) days prior to said expiration date, that said Letter of Credit is about to expire. In no event shall this Irrevocable Letter of Credit or the obligations contained herein expire except upon said prior written notice, it being expressly agreed by the undersigned that the above expiration date shall be extended as required to comply with this notice provision. This Irrevocable Letter of Credit shall remain in effect until July 7, 2006, without regard to any default in payment of money owed to the issuer by our customer and without regard to other claims which the Issuer may have against our customer, and in no event shall terminate without notice as specified above. This Letter of Credit may be renewed by the Issuer or our customer prior to the above expiration date by submitting a new Letter of Credit to the same form and substance as this Letter of Credit to the City Clerk in an amount equal to 110% of the estimated cost to complete and pay for the above described improvements, It is agreed that the following shall be considered a default by our customer and shall entitle the City to make demand on this Letter of Credit: 1 . that said Letter of Credit will expire within thirty (30) days and has not been renewed; or 2. that the aforesaid improvements have not been completed by the subdivider at least thirty (30) days prior to the aforesaid expiration date; or 3. that the owner and/or subdivider has failed to complete or carry on the work of the installation and construction of the required improvements in accordance with the schedule, or at a faster pace if the installation of the private improvements shall be completed before public improvements to service them are available; or 4. that the City of Yorkville has determined that the owner and/or subdivider has demonstrated that they will be unable to complete the improvement; or 5 . that the City of Yorkville has determined that the public improvements or other improvements covered by this commitment have been or are likely to be the subject of liens or other claims by contractors, subcontractors or third parties; or i Letter of Credit No. 2912 Wyndham Deerpoint Homes Page 3 6, that if more funds are disbursed at this time on order of the owner and/or subdivider insufficient funds will remain irrevocably committed to guarantee the completion of all improvements, and such certification indicates that the owner and/or subdivider has been notified that the municipality finds that a breach of the owner's and/or subdivider's obligations has occurred and has not been cured within a period of thirty (30) days. The Issuer's obligation to the City is based solely on this Irrevocable Letter of Credit engagement between this financial institution and the City and is not subject to instructions from our customer. It is recognized that the City has directed our customer to proceed with the construction of public improvements upon the guarantee of this irrevocable commitment. It is further acknowledged that the consideration for this irrevocable commitment is provided by agreements between this financial institution and our customer. This Irrevocable Letter of Credit sets forth in full the terms of this undertaking between the Issuer and the City, and such undertaking shall not in any way be modified, amended, amplified, not shall it be limited by reference to any documents, instrument or agreement referred to herein, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Demands on this Letter of Credit shall be made by presenting the Issuer with a letter from the City Clerk of the City of Yorkville demanding payment accompanied by the certificate of the City Clerk of the City of Yorkville certifying the basis for the default and demand on this Letter of Credit. The undersigned agrees that this Letter of Credit shall not be reduced or discharged except upon receipt of a certificate of the City Clerk of the City of Yorkville certifying that this Letter of Credit may be reduced. The outstanding balance of this Letter of Credit shall be the face amount of this Letter of Credit less any amount which is discharged upon certificate of the City Clerk; Provided however, the outstanding balance of this Letter of Credit shall not be reduced to less than 15% of the approved engineer's estimate upon which this Letter of Credit is based until the City Council accepts the aforementioned improvements and a certificate of the City Clerk certifying that the Letter of Credit has been released by the City Council of the City. All acts, requirements and other preconditions for the issuance of this Irrevocable Letter of Credit have been completed. The undersigned further agrees and engages that it will be responsible and liable for attorney fees and court costs which may be incurred by the City in enforcing collection of this Letter of Credit in accordance with its terms. Letter of Credit No. 2912 Wyndham Deerpoint Homes Page 4 We hereby engage with you that all demands for payment in conformity with the terms of this Irrevocable Letter of Credit will be duly honored on presentation to us prior to expiration of this Letter of Credit. Except as otherwise stated, this credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 revision), International Chamber of Commerce Publication No. 500. Old Second National Bank Frederick F. Sinkovits Vice President STATE OF ILLINOIS) ) SS COUNTY OF vP?& I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that 4rmrj c tc r semkev;rt , personally known to me to be the ✓,�, r of the 64 s«,s Mhrum.44 a...l, and who is personally known to me to be the same person whose name is subscribed to the foregoing Letter of Credit and authority given by the Board of Directors thereof as their free and voluntary acts and as the free and voluntary act and deed of said institution. Given under my hand and official seal this V` day of „uF 20 05 . D F GXA�. K"o � i ��sEAL TWh Notary Pubrit e NM q r*1k 31Me Ml M* CYr�LNr 11,]Ilt i4 : Z6 FAX 030 986 So08 WMILAM DMMPOINT $OMES Q0D3 EXHIBIT "A" 1 SPACECOf INC. ,A2 Q DemalO n.A.t. a 1 S Em AMOUNT aal 1. GLegRIING AND ORUSSING - 1.0 I.S. 8100000,00 $10,000.00 A. De0W19onS h2htie RAmpv4i 9161TpWm 310500.00 _ e I I ane n 1. SILT RP.NOI 9,100 2 STA91LIZe0 E NTRANOp, LF- 5200 S1 S,3MOA0 3, EROSION CONTROL INLDT 2 EACH 68,000.00 54,000,00 4- STRAW SALE DRAINAf;E FIMUCTURS d6 EACH 550,00 62,25.00 5. EROSION CONTROL OUTLET 73 E'er 36850 53.0.6050 5- OVERFLOW DITCHSEEOING AND BLANKET 7 EACH 5508.00 63,600,00 j 7, SEEDINGdATBAAND O 1,050 LF. $25,00 548.750.00 0. SSEDINGGPARKWAYS 6.72 AC, 62mm 572070,00 3.26 AC. 624260.00 i7,605Ae - B. SPIIEro41AnSe0tnul000mmI Sub.T0t41a ii0f5o9,pp D. Gmeav0e0n � 1. TOPSOIL9TRIp TOyTOwWILEFORRESPREAO 27,003 FY. 72,00 36q.1pS.00 Z TOPSOILS"-TO STOOMILP 108,670 FY. 54W 5277,160.00 3. RESPREM PAYS 8'RESPRGAD ;000 FY 64,60 51;00050 4, RESPREAD IOTA, LOT D, SOUTH OPLOY D 6•RISSPREAD 0.800- G.Y. 6260 616,o0D,00 FILL 5. CLAY=TO:STO 226,620 GY, 52 6 6605,663,50 6- aVS PLOW STdC CNS WASS O.Y. 3200 350,flOm 7, F1145G ADIR RO HCON67R. 7O-fION 1.650 L.F. T05" 5120.75650 B. FlNE63LNS ROADWAY 2�4� 0.Y, SO.ep 8. EAQLFI I,CURB 513,467,00 3140 SY2,?90.00 c EmAk`Eam BUD-TOW • S 02L171.W 1. STORMS 2. STORMSEWe1j Rf:pA CL IV s4• 3Y I.F. Won 5241660,00 9. STORM SEWF$RCP,CLN 4p+ 006 LF, 2100.00 800,605,00 a. STORM SEWER,RCP,CL N 4S 340 LF• 578.00 575,850,00 S. STOJVABEWER,RCP, CLN 1,591 LP, 506,00 5100,et5.00 e. STORM SEWER,RCG, CLIV 300 1,i0S �. MAO 682260.00 7. STORM SEWE301HGP1CL74 �• 11001 LF, 54050 $40,04050 S. STORMWIN15 RCP, CL Zr 601 L.P. 517.50 372,537-3D 9. STORM N• 416 T.F. 575.00 St-0,6a0.00 10, STORM SEWE6R�, RCP, CI,IV 21• BOB LF• moo 624.186.00 ' 11. STORM Se iim RCP, CL 1B- 1,210 LF 52500 SA7,760.00 12 STORM SEWER, RCP, CL N 72 1.970 �. aw."ZW 13. STORM TRENCHSACIML o18'b14 id, 9TORMTgENCH 0Ag0-TLL 200 LF. 9.70.00 6!4,600,00 j H6' OIA 932 LF, 57208 571,17200 16, SrMMMANHCLE i20-DIA. 13. STORM MIWHOLK 10 0w' 1 SAa 6111SHA0 517, 0,00 17. STORM MANROLfi 2 FADH 50,00050 516,pouo0 , 10, STORM MANHOLE 0S• DIA 7 E EACH 67.000.00 57,000.80 ,O. STORM MANHOLE " b� a EACH !61009,00 Sf0.0pq-00 20. STORM MANHOLE 7TOW 11 EACH 13,500,00 328'60550 21. CATCH BASIN aw Pik 10 EACH 52300" 5671600,00 3, ; EACH 55,00D.00 $6.000.00 22 CATCH BASIN' EACH 54,00o,00 54.000,00 23- INLET 809TH 75• Bd EACN $5.000.00 6P62i000.ou Za, INLET 7a•bl0. 32 EACH $506,00 615 ,D0 ,000. FLARE ENO SELHON,WA'aRA'I$ W f EACH $3.600.00 $9,00050 ?S 2A FLAREOPNOSE=ON.WIORA-IE 420 2 EACH 311900.00 $3,600.00 27. FLARED ENO 66CTTON,WIGPAYE 60• 7 EACH 61,600,08 91,500.00 29. FLARED ENO 6EOHON, yy/OTW-fE 30• 1 EACH 516350.00 SlAw.ee 29, FLARED ENDSEOTION,WNGRATe 10 1 EACH 3&!0,50 5860.00 W- FLA3W ENDSE.GTION, W/GRATE 1G 1 .�.. 31. 9TORMSERVICE, wCSOR@0 e• 76 EACH 5230.w 519500,00 32 CCNNEOTTO E%CWMH 1 EACH 5250.86 6960.50 00, HEADWALLS.WHEATONAVE. 2 EACH 67,500.00 515,000,00 D.On10fe04 lmpmvem6nt3 SubTo1N � S1A4o,77Z00 . T•An Ptge 1 d7 COO 121 YNVH QN003S M0 9009 CSL OC9 XVA LP ; TT 90/69/00 i 68/28 /05 TM 11 ; 28 FAX 630 968 1006 WYND$AM D&ERPOINT HOMES SPACECO, (NC. mm UNIT SiNTY 4N? P9LGL' AMOUMf I E R edrev M 1- BITUMMOU�9 ®U PURSE 1.509 CLI Z BITUMINOUS BINDER COURSE 24;CL1 18,448 S.Y. Sy,� $6C673,2s S, AGGREGATE 844E TYPBB 18,348 S.Y, S4.Y6 407758.76 4 GEOTEXnLE FABRIC IC 1e,74a B.Y. .514,00 41611150.06 5- CURB AGU BUBGAADE FABRIC 27,44.0 B.Y. TIER, M/AOBpI 8811 el•iG Ra,025AD O, PCC SIDEWALK 17,230 LF. 611.50 5140ASAmoo ' T_ FCCSIDI:W W119 ONTCAB 58,410 E,RF - 45.60 $147,D05.m AUCACROSSORIVEWAY WTHIZONZCA.6 7,140 SF- 54.00 426,780.00 0. 8TREETLIGHTING COMPLE716 „y P. REMOVE E7L CUL-DEBAC PAVEIJEN7 V CH SdAw,ap 4103,600.00 IO, REMOVE ETC CUWIE.SAO CURB 0 AND OVrrVA 300 LP_ =AO 57.816.00 ' b '� 92,470.00 E Readt+ryleprweme,ed 6ubToW "x,245,66 P,we 210HIi.l 10veSIAM O t. FM HYDRANT• VALVE ANO B 2, WMIDICL52WAMTTINL'q W W/AUX, 27 EACH Sgaaam 564,000,00 0, WM,DI CI, 52WI71TNNG8 p0 3206 41:1. 330,w 3100,17250 4, WATQRSERVICES,W/B-BOX 1'-LONG e'er 61181007.44 6, WA7EA9eRVV10P3,W/A-SOX 2S EAOH tMOO S22,760.m O. VAWE 17-SHORT 447600 417,825.00 T. YALVE Ir IN800VAUI.T 7 EACH 52,480.00 6106800.00 O. PLUGANDBLGCKSTUB am IN BOX � EACH $1.10000 616,!0800 S. CONNRC7TOFYISTINGSTUS -1 EACH WJD.00 WOOA0 0. WM TRENCH BACwmL NNEN.FOOT 570 '&•00 5500.00 LP, $15.00 58,02Sn0 Pow 61ta=1n IMOMMa SubTAlal N��21M,00 M I. BANITARY6ENER,PVc8b 28 low, 10NS DEEP 566 LP, Z SAW1TARYSEWER,PVCSDR78 W. IS30'DEFP OO 517,7m4a 3. 5ANrIARYSEWEra,PVCSDRZ3 P71011WOMP -34 I.F. x'00 58,706.00 41 SANITARY SEWERPVC 8DA28 B', gO, D� 1- LF- 628.00 $121,604.00 5. SANITARY MMMLR,TYPBA a0•DW1r-'10'OECP 2.101 LF. E25.m 552,636100 S. SANITMYMANHM,p,TYaEA 44`0� 10:arDBEP 16 EACH b2scu0.m 43,Om.OD 7 SANITARYMANHOMWPEA 4500 d1WDREP ' S68,00646 8 SANITARY SERVICES LONE AT �'GH 621000100 410,000M 0. SANITAHY9ERVIDEB gHOp,T EACH 51,250,00 $78,760,00 fe. SANrTARYTR§NGHBAC*-TLL SHORT Re EACH SLbm 614 8 11. SANITARY TRENCH BACKPILL c10' OEEV 3" Off, WAS $10,860.00 12, CONNECT TO r7LMANHOLE 241 EAOH Rom SdFB20.80 d1,000,m St,000.m O.SenINry Seww lmpm.4lnuua SbeT4011 = 3373,33. . 0 I SUSRIYAU F1.74B58150 IOU CON704GENDYe 49710028.15 ICI TOTALIN SeA44114744 NDTS51 1.TNa 94de 10P'4P&w0 Oa'%W 410 PWC Baed TI0e1 En801aaft plAm too DAI4a461a Sa06L14W Deed 10/00/06, Len m.Qeed ANO 12.2005. 2.T01603U0W6 ra Plepem118ea pukle Ally. SPACECOmakY00wanmy Uotacmer00newWmly&, a. Ith Oa�eewnBmi 'e edl wa�ibe aeoW�m aDe e,d�ue J� . N0Imp6RafMW 0lfaat3 ale Indlgq, d, Tfae 01600844 DOES NGI'18 dude: i PrBTMITPEBB b. LANObCAAMM e. KMFW FMS a DRIVEWAYS FOR BINGLEFAMILY HOMES G, UNDERCU70F UNSURA11MMA7E0IAL 1. OFF�aIYEROADWAYANO UTk.11YIMPROVEMEN"TO OOftNE85 ROAD 8_YORI -RfAI$TOLS ANITARYDISTRICTINTEXCEPTORSANITARY R=SUVEER SERVICES FORL018 log AND 1200181 1. EXI3T64a STORM SEWBRREMOVAL ORABANDONMENTAB REQUIRED BYT14EC8Y. f. PMMMORKQUANTMM SUPKtEDSYRYAKINCORPOMTFSICGNTRAL h SEE CALEDONIASUBDIAIISION RHABINO PJWIBIT'BYSPACECOF NC, DATED 06/1NOUFOR PRASE BREAR DONRL 5.I% ea0m5m DQ L SE201NG PORAREA 9GU7H OE SUBDIVISION PROPERIYANO LOT D E;iNQZinduds N601envq lyacs fer, ERp810N CONTROL ` CONSTRUCRON ROAD$ - BUILDMO PADS Pwelaz 40011 HNV6 QN003S O'IO 9008 E96 OC9 XVA 9V : TT 90 /9Z/90 �I Telephone (630) 96&1000 Telecop1er(630) 96&1006 i February 27, 2006 By Messenger Joseph Wywrot City Engineer City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Caledonia Subdivision Phase 1 Dear Joe: Enclosed is the original Amendment No. 1 to the Irrevocable Letter of Credit #2927 which increases C the better of Credit for Landscaping to $138,436.65. It is our understanding that this was the last item you were requesting for subdivision approval. Approval of Caledonia Phase 1 is on the agenda tomorrow evening. We hope to have the Plat executed right away and would like to, start construction by the end of this week. Please advise us if there is anything else you still require so that we can start construction, Yours truly, I gRichard,M. uerard RMG/jmh Eno. C 605 LINDSAY CIRCLE, NORTH AURORA, IL 60542 W W W.W YDG.COM Old Second Old Second National Bank j I� February 23, 2006 AMENDMENT NO. 1 TO I IRREVOCABLE LETTER OF CREDIT NO. 2927 Mayor and Aldermen City of Yorkville 800 Game Farm Road Yorkville, IL 60560 ( Re: Caledonia Subdivision Phase I Gentlemen: At the request of Wyndham Deerpoint Homes, 605 Lindsay Circle, North Aurora, IL 60542, we hereby amend the above referenced Irrevocable Letter of Credit as follows: The amount of this Irrevocable Letter of Credit is increased from the aggregate amount of Ninety Eight Thousand Six Hundred Sixty Nine and 23/100 Dollars ($98,669.23) to the aggregate amount of One Hundred Thirty Eight Thousand Four Hundred Thirty Six and 65/100 Dollars ($138,436.65). All other terms and conditions remain the same. Sincerely, 4--/- �� Frederick F. Sinkovits Vice President 37S.River St.,Aurora,IL 60506,63D-892-0202 • 555 Redwood Dr.,Aurora,IL 60506,630-8443555 1350 N.Farnsworth Ave.,Aurora,IL 60505,630-851-7700 1230 N.Orchard Road,Aurora,IL 60506,630-966-1300 • 4080 Fox Valley Ctr.D6,Auroa,IL60504-4109,630-499-0330 200 W.John St., North Aurora, IL 60542-1685,630.859-3400 . 1991 WWilson St.,BataVia,IL60510,630-006-1000 . 235.Fourth St.,Geneva,It 60134,630-208.0210 8015.Kirk Road,St.Charles,IL 60174, 630-762-3840 • 888 N.LaFox Street,South Elgin,IL 60177, 847-7606008 • 1200 Douglas Rd.,Oswego,IL 60543-8956,630-551-1200 Route 47 ® Cross St,,Sugar Grove,IL 60554,630-466-0841 • 5024 Ace Ln.,Naperville,It 605648171,630-527-6490 www.o2bancorp.com 3101 E.Ogden Ave.,Lisle,IL 60532-1678,630.305.4644 . 2761 Black Road,Joliet,It 60435,815-744-2221 Member FDIC '.. _ Telephone (630) 966-1000 Telecopler(630) 966406 i i i I September 30, 2005 Via Federal Express Joseph Wywrot City Engineer City of Xorkville 800 Game Farm Road Yorkville, IL 60560 Re: Caledonia Subdivision Phase 1 Letter of Credit 2927 — Landscaping Dear Joe: We are forwarding the original Letter of Credit 2927 which guarantees the completion of the landscaping improvements in Caledonia Subdivision. Please call me if you have any questions. Y� s truly, J Richard M. Guerard RMG/jmh Enc. cc: Mike Beaulieu 605 LINDSAY CIRCLE, NORTH AURORA, IL 60542 WWW.WYDP.COFA Old Second Old Second National Bank October 3, 2005 Mayor and Aldermen City of Yorkville 800 Game Farm Road 47orkville, IL 60560 Re: Caledonia Subdivision Phase I Irrevocable Letter of Credit No. 2927 For Account of Wyndham Deerpoint Homes Amount: $98,669.23 Gentlemen: The undersigned, Old Second National Bank ("Bank"), by Frederick F. Sinkovits, Vice / President, its duly authorized agent, hereby establishes and issues this Irrevocable Letter of Credit in favor of the City of Yorkville ("City") in the amount of $98,669.23, which represents 110% of the cost of the improvements described herein. Such Irrevocable Letter of Credit is available to be drawn upon by the City upon presentation to this Bank of your demand for payment accompanies by a copy of this Irrevocable Letter of Credit. This Irrevocable Letter of Credit is issued for the purpose of securing and paying for the installation of the following public improvements in the aforesaid subdivision: Phase I Planting/Landscape Work $98,669.23 The costs of the foregoing improvements are detailed in the Engineer's Cost Estimate, prepared by Gary R. Weber Assoc., Inc., attached as Exhibit A The development is legally described as follows: Attached as Exhibit B Said public improvements shall be constructed by Wyndham Deerpoint Homes, ("our Customer" and "Owner"), in accordance with the plans, specifications, completion schedules and cost estimates prepared by Gary R. Weber Associates, Inc. \. 37 S.River St.,Aurora,IL 60506,630.892-0202 • 555 Redwood Dr,Aurora,IL 60506,630-B44-3555 • 1350 N.Farnsworth Ave.,Aurora,IL 60505,630-851-7700 1230 N.Orchard Road,Aurora,IL 60506,630-966-1300 • 4080 Fox Valley Cur.Dr.,Aurora,IL 60504-4109,630-499-4330 200W.John St.,North Aurora,IL 60542-1685,630.859-3400 • 1991 W.Wlison St., BataVia,IL60510,630406-1000 • 235.FOUrth St.,Geneva,IL 60134,630-208-0210 8015,Kirk Road,St.Charles,IL 60174,610-762-1840 • 888 N.LaFox Street,South Elgin,IL 60177,847-760-6008 • 1200 Douglas Rd,Oswego,IL 60543-8956,630.551-1200 Route 47@ Cross St.,Sugar Grove,IL 60554,630-466-4 841 • 5024 Ace in,Naperville,IL 60564-8171,630-527-6490 www.o2banrorp.com 3101 E.O9den Ave.,Lisle,IL 60532-1678,630.305-4644 . 2761 Black Road,Joliet,IL 60435,615-744.2221 Member FDIC MWI i i! . Wyndham Deerpoint Homes Irrevocable Letter of Credit No. 2927 Page 2 The undersigned agrees that this Irrevocable Letter of Credit shall remain in full force and effect and pertain to any and all amendments or modifications which may be made from time to time to the plans, specifications and cost estimated for said modifications. This Irrevocable Letter of Credit shall expire on October 3, 2006. provided, however, the undersigned shall notify the City Clerk by certified mail, return receipt requested, or by overnight courier, at least ninety (90) days prior to said expiration date, that this Irrevocable Letter of Credit is about to expire. In no event shall this Irrevocable Letter of Credit or the obligations contained herein expire except upon said prior written notice, it being expressly agreed by the undersigned that the above expiration date shall be extended as required to comply with this notice provision. This Irrevocable Letter of Credit shall remain in effect until October 3, 2006, without regard to any default in payment of money owed to the issuer by our Customer and without regard to other claims which the Bank may have against our Customer, and in no event shall terminate without notice as specified above. This Irrevocable Letter of Credit may be renewed by the Bank or our Customer prior to the above expiration date by submitting a new Irrevocable Letter of Credit to the same form and substance as this Irrevocable Letter of Credit to the City Clerk in an amount equal to 110% of the estimated cost to complete and pay for the above described improvements. It is agreed that the following shall be considered a default by our Customer and shall entitle the City to make demand on this Irrevocable Letter of Credit: 1 . that said Letter of Credit will expire within thirty (3 0) days and has not been renewed; or 2. that the aforesaid improvements have not been completed by the Owner at least thirty (30) days prior to the aforesaid expiration date; or 3 . that the Owner has failed to complete or carry on the work of the installation and construction of the required improvements in accordance with the schedule, or at a faster pace if the installation of the private improvements shall be completed before public improvements to service them are available; or 4. that the City of Yorkville has determined that the Owner has demonstrated that they will be unable to complete the improvement; or 5. that the City of Yorkville has determined that the public improvements or other improvements covered by this Irrevocable Letter of Credit have been or are likely to be the subject of liens or other claims by contractors, subcontractors or third parties; or Wyndham Deerpoint Homes Irrevocable Letter of Credit No. 2927 Page 3 6. that if more funds are disbursed at this time on order of the Owner insufficient funds will remain irrevocably committed to guarantee the completion of all improvements, and such certification indicates that the Owner has been notified that the municipality finds that a breach of the Owner's obligations has occurred and has not been cured within a period of thirty (30) days. The Bank's obligation to the City is based solely on this Irrevocable Letter of Credit between the Bank and the City and is not subject to instructions from our Customer. It is recognized that the City has directed our Customer to proceed with the construction of public improvements upon the guarantee of this Irrevocable Letter of Credit. It is further acknowledged that the consideration for this Irrevocable Letter of Credit is provided by agreements between this Bank an d our Customer. i This Irrevocable Letter of Credit sets forth in full the terms of this undertaking between the Bank and the City, and such undertaking shall not in any way be modified, amended, amplified, nor shall it be limited by reference to any documents, instrument or agreement referred to herein, and any such reference shall not be deemed to incorporate herein by reference any document, instnument or agreement. i Demands on this Irrevocable Letter of Credit shall be made by presenting the Bank with a letter from the City Clerk of the City of Yorkville demanding payment accompanied by the certificate of the City Clerk of the City of Yorkville certifying the basis for the default and demand on this Irrevocable Letter of Credit. The undersigned agrees that this Irrevocable Letter of Credit shall not be reduced or discharged except upon receipt of a certificate of the City Clerk of the City of Yorkville certifying that this hrevocable Letter of Credit may be reduced. The outstanding balance of this Irrevocable Letter of Credit shall be the face amount of this Irrevocable Letter of Credit less any amount which is discharged upon certificate of the City Clerk; Provided however, the outstanding balance of this Irrevocable Letter of Credit shall not be reduced to less than 15% of the approved engineer's estimate upon which this Irrevocable Letter of Credit is based until the City Council accepts the aforementioned improvements and a certificate of the City Clerk certifying that the Irrevocable Letter of Credit has been released by the City Council of the City. All acts, requirements and other preconditions for the issuance of this hrevocable Letter of Credit have been completed. Wyndham Deerpoint Homes Irrevocable Letter of Credit No. 2927 Page 4 The Bank further agrees and engages that it will be responsible and liable for attorney fees and court costs which may be incurred by the City in enforcing collection of this Irrevocable Letter of Credit in accordance with its terms. We hereby engage with you that all demands for payment in conformity with the terms of this Irrevocable Letter of Credit will be duly honored on presentation to us prior to expiration of this Irrevocable Letter of Credit. This Irrevocable Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No. 500. j Old Second National Bank ,- / / z Frederick F. Sinkovits Vice President i AUG- 31 -2005 WED O1 30 PM GARY R. WEBER ASSOC. INC, 16306699693 P. 002/003 n S2 g a o Ie i 3 N n ro e 9 la a 1 In � q as a p � na a ;1 co o �+ n nn ba H m I 2 F o Fs Oil Z O 2. r -d CS n o� r r m �g h 5 O r» °o ' q x 1 . i W N N N N Ql N W W W W W W W W d D D Oi. O O G O C o o �' v °0 0 0 0 °e o I!". I• po V Rf ul w b f cWn a g o O o a v+ o c e °o Cl $ o 0 o G g P I • i Q vvu AUG -31 -?005 2D \ 30 M GARY R, WEBER asm INC, ~ �~ ^ /]\\\/ Eo 3 ; ƒ k ) ( : / 7 ` / [ ! / % k $ � k ® rff Lr _ / 4 & $ % 2 ■ ) � § 2J PC K ° 7 [ 7 E / \ c § § ` q � § . § § o ® � { k i 14 ] r § ( ) \ } # 7§ , t \ E ( m RA . . i ( § . � § \ � ( ua 7 § f 2 $ 7 d ( � � EXHIBIT B i THAT PART OF THE NORTH 1/2 OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST '/4 OF SAID SECTION 17; THENCE NORTH 88 DEGREES 13 MINUTES 59 SECONDS EAST, ON AN ASSUMED BEARING ALONG THE NORTH LINE OF SAID NORTHEAST /4892.02 FEET RECORD, 892. 11 FEET MEASURED; THENCE SOUTH 00 DEGREES 12 MINUTES 00 SECONDS EAST PARALLEL WITH THE EAST LINE OF THE WEST /20F THE EAST %2 OF SAID SECTION 17, A DISTANCE OF 40.01 FEET; THENCE SOUTH 88 DEGREES 13 MINUTES 59 SECONDS WEST PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST /4315.96 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY 39.27 FEET ALONG A CURVE TO THE LEFT, HAVING RADIUS OF 25.00 FEET AND WHOSE CHORD BEARS SOUTH 43 DEGREES 14 MINUTES 00 SECONDS WEST 35.36 FEET TO A POINT TANGENCY; THENCE SOUTH 01 DEGREES 45 MINUTES 59 SECONDS EAST 75.53 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY 56.11 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 2033.00 FEET AND WHOSE CHORD BEARS SOUTH 00 DEGREES 58 MINUTES 37 SECONDS EAST 56. 11 FEET TO A POINT OF TANGENCY; THENCE SOUTH 00 DEGREES 11 MINUTES 10 SECONDS EAST 57.96 FEET TO A POINT CURVATURE; THENCE EASTERLY 39.27 FEET ALONG A CURVE TO THE LEFT; HAVING A RADIUS OF 25.00 FEET AND WHOSE CHORD BEARS SOUTH 45 DEGREES 11 MINUTES 10 SECOND EAST 35.36 FEET TO A POINT OF TANGENCY; THENCE NORTH 89 DEGREES 48 MINUTES 50 SECONDS EAST 18.53 FEET TO A POINT OF CURVATURE: THENCE NORTHEASTERLY 32.31 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET AND WHOSE CHORD BEARS NORTH 52 DEGREES 47 MINUTES 46 SECONDS EAST 30. 11 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTH, EAST, AND SOUTH 220.07 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 66.00 FEET AND WHOSE CHORD BEARS SOUTH 68 DEGREES 43 MINUTES 21 SECONDS EAST 131 .39 FEET; THENCE SOUTH 63 DEGREES 56 MINUTES 29 SECONDS EAST, NON-TANGENT TO THE LAST DESCRIBED CURVE 164.48 FEET TO A LINE PARALLEL WITH THE EAST 1/2 OF SAID SECTION; THENCE SOUTH 00 DEGREES 12 MINUTES 00 SECONDS EAST ALONG LAST DESCRIBED LINE A DISTANCE OF 103.53 FEET: THENCE SOUTH 89 DEGREES 50 MINUTES 59 SECONDS WEST 403.40 FEET; THENCE NORTH 00 DEGREES 11 MINUTES 10 SECONDS WEST 114.96 FEET TO A POINT OF CURVATURE; THENCE WESTERLY 39.27 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET AND WHOSE CHORD BEARS NORTH 45 DEGREES 11 MINUTES 10 SECONDS WEST 35.36 FEET TO A POINT OF TANGENCY; THENCE SOUTH 89 DEGREES 48 MINUTES 50 SECONDS WEST 115.00 FEET; THENCE SOUTH 00 DEGREES 11 MINUTES 10 SECONDS EAST 669.49 FEET; THENCE SOUTH 26 DEGREES 18 MINUTES 55 SECONDS WEST 57.85 FEET; THENCE SOUTH 45 DEGREES 29 MINUTES 17 SECONDS WEST 57. 11 FEET; THENCE SOUTH 71 DEGREES 28 MINUTES 11 SECONDS WEST 75 .00 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE SOUTHERLY 4.64 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 217.00 FEET AND WHOSE CHORD BEARS SOUTH 08 DEGREES 50 MINUTES 53 SECONDS EAST 4.64 FEET TO A POINT OF TANGENCY; THENCE SOUTH 09 DEGREES 27 MINUTES 38 SECONDS EAST 110.89 FEET; THENCE SOUTH 03 DEGREES 22 MINUTES 13 SECONDS EAST 112.90 FEET; THENCE SOUTH 00 DEGREES 23 MINUTES 42 SECONDS EAST 119.42 FEET; THENCE NORTH 89 DEGREES 36 MINUTES 17 SECONDS EAST 489.42 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE SOUTHERLY 77.99 FEET ALONG A CURVE TO THE RIGHT, HAVING RADIUS OF 433.00 FEET AND WHOSE CHORD BEARS SOUTH 05 DEGREES 33 MINUTES 19 SECONDS EAST 77.89 FEET TO A POINT OF TANGENCY; THENCE SOUTH 00 DEGREES 23 MINUTES 42 SECONDS EAST 347.43 FEET; THENCE SOUTH 89 DEGREES 36 MINUTES 18 SECONDS WEST 496.42 FEET; THENCE SOUTH 00 DEGREES 23 MINUTES 42 SECONDS EAST 246.00 FEET; THENCE SOUTH 89 DEGREES 36 MINUTES 18 SECONDS WEST 173.38 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 164.56 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 142.00 FEET AND WHOSE CHORD BEARS SOUTH 56 DEGREES 24 MINUETS 18 SECONDS WEST 155.50 FEET; THENCE NORTH 66 DEGREES 47 MINUTES 42 SECONDS WEST 66.37 FEET; THENCE SOUTH 89 DEGREES 36 MINUTES 18 SECONDS WEST 187.68 FEET; THENCE NORTH 00 DEGREES 23 MINUTES 42 SECONDS WEST 935.58 FEET; THENCE NORTH 89 DEGREES 36 MINUTES 18 SECONDS EAST 165.00 FEET; THENCE NORTH 00 DEGREES 23 MINUTES 42 SECONDS WEST 146. 14 FEET TO A POINT ON THE NORTH LINE OF SOUTH 3 .33 CHAINS OF THE EAST 10 CHAINS OF THE NORTHEAST ''/4 OF NORTHWEST %4 OF SAID SECTION 17; THENCE NORTH 88 DEGREES 17 MINUTES 09 SECONDS EAST ALONG THE LAST DESCRIBED LINE l - 155.39 FEET TO THE WEST LINE OF SAID NORTHEAST %4 OF SECTION 17; THENCE NORTH 00 DEGREES 20 MINUTES 22 SECONDS WEST ALONG THE LAST DESCRIBED LINE, 1106.44 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. i I _ Telephone(63D) 9664600 Telecopier(63D)9661066 August 11, 2006 Via Federal Express Joseph Wywrot City Engineer City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Caledonia Subdivision Phase H Dear Joe: i / Enclosed is the original Letter of Credit for the Caledonia Subdivision Phase R in the amount of $1,260,271 .92. Yours truly, �A i Richard M. Guerard RMO J Enc.Q------" cc: Mike Kainz J. Steven Butkus Matt Fiascone I 605 LINDSAY CIRCLE, NORTH AURORAF IL 60542 WWW.WYDP.COM- 001d Second Old Second National Bank August 8, 2006 Mayor and Aldermen City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Caledonia Subdivision Phase II Irrevocable Letter of Credit No. 2968 For Account of Wyndham Deerpoint Homes Amount: $ 1 ,260,271 .93 Gentlemen: The undersigned, Old Second National Bank ("Bank"), by Frederick F. Sinkovits, Sr. Vice �- President, its duly authorized agent, hereby establishes and issues this Irrevocable Letter of Credit in favor of the City of Yorkville ("City") in the amount of $1 ,260,271 .93, which represents 110% of the cost of the improvements described herein. Such Irrevocable Letter of Credit is available to be drawn upon by the City upon presentation to this Bank of your demand for payment accompanied by a copy of this Irrevocable Letter of Credit. i This Irrevocable Letter of Credit is issued for the purpose of securing and paying for the installation of the following public improvements in the aforesaid subdivision: I Division "X' — Soil Erosion Sediment Control $ 7,087.50 Division `B" — Excavation $ 22,016.00 Division "C" — Drainage Improvements $ 280,948.00 Division "D" — Roadway Improvements $ 463,176.25 Division "F' — Watermain Improvements $ 224,940,00 Division "F" — Sanitary Sewer Improvements $ 147,534.00 Total Engineer's Cost Estimate $ 15145,701 .75 10% Contingency $ 1145570.18 Total $ 1,260,271 ,93 - 37 S.River St., Aurora,IL 60506-4172,630-892-02D2 • 555 Redwood Dr.,Aurora,IL 60506-3309,630.8443555 1350 N.Farnsworth Ave.,Aurora;IL 60505-2068, 630-851-7700 . 1230 N.Orchard Road,Aurora,IL60506-7931,630-966-1300 4080 Fox Valley Cu.Dr,Aurora,IL 60504410916304994330 200 W.John St.,North Aurora,IL60542-1685,630-859-3400 1991 W.Wilson St Batavla, IL60510-1680,630-006-1000 . 235.Fourth St.,Geneva, IL60134.2108,630.209-0210 801 S.Kirk Road,St,Charles,IL 601743407,630-762-3840 . 1200 Douglas Rd.,Oswego,IL60543-8956,630-551-1200 wwwo2bancorp.com Route 47@ Cross St.,Sugar Grove,IL60554-0510,630.466-4841 • RISE.Ogden Ave,Napewille,IL60563-2834,630-753-8000 MemberFDIC MMI 888 N.La Fox St.,South Elgin, IL 60177-1627,847-760-6005 'i, i Wyndham Deerpoint Homes Irrevocable Letter of Credit No. 2968 Page 2 The costs of the foregoing improvements are detailed in the Engineer's Cost Estimate, prepared by Spaceco, hie., on the attached Exhibit A The subdivision is legally described on the attached Exhibit B. Said public improvements shall be constructed by Wyndham Deerpoint Homes, ("our Customer" and "Owner"), in accordance with the plans, specifications, completion schedules and cost estimates prepared by Spaceco, Inc. The Bank agrees that this Irrevocable Letter of Credit shall remain in full force and effect and pertain to any and all amendments or modifications which may be made from time to time to the plans, specifications and cost estimated for said modifications. This Irrevocable Letter of Credit shall expire on August 8, 2008 provided, however, the Bank notifies the City Clerk by certified mail, return receipt requested, or by overnight courier, at least ninety (90) days prior to said expiration date, that this Irrevocable Letter of Credit is about to expire. In no event shall this Irrevocable Letter of Credit or the obligations contained herein expire except upon said prior written notice, it being expressly agreed by the Bank that the above expiration date shall be extended as required to comply with this notice provision. This Irrevocable Letter of Credit shall remain in effect until August 8, 2008, without regard to any default in payment of money owed to the Bank by our Customer and without regard to other claims which the Bank may have against our Customer, and in no event shall terminate without notice as specified above. This Irrevocable Letter of Credit may be renewed by the Bank or our Customer prior to the above expiration date by submitting a new Irrevocable Letter of Credit to the same form and substance as this Irrevocable Letter of Credit to the City Clerk in an amount equal to 110% of the estimated cost to complete and pay for the above described improvements. It is agreed that the following shall be considered a default by our Customer and shall entitle the City to make demand on this Irrevocable Letter of Credit: 1 . that said Letter of Credit will expire within thirty (30) days and has not been renewed; or 2. that the aforesaid improvements have not been completed by the Owner at least thirty (30) days prior to the aforesaid expiration date; or i Wyndham Deerpoint Homes Irrevocable Letter of Credit No. 2968 Page 3 3. that the Owner has failed to complete or carry on the work of the installation and construction of the required improvements in accordance with the schedule, or at a faster pace if the installation of the private improvements shall be completed before public improvements to service them are available; or 4. that the City of Yorkville has determined that the Owner has demonstrated that they will be unable to complete the improvement; or 5. that the City of Yorkville has determined that the public improvements or other improvements covered by this Irrevocable Letter of Credit have been or are likely to be the subject of liens or other claims by contractors, subcontractors or third parties; or 6. that if more funds are disbursed at this time on order of the Owner insufficient funds will remain irrevocably committed to guarantee the completion of all improvements, and such certification indicates that the Owner has been notified that the municipality finds that a breach of the Owner's obligations has occurred and has not been cured within a period of thirty (30) days. The Bank's obligation to the City is based solely on this Irrevocable Letter of Credit between the Bank and the City and is not subject to instructions from our Customer. It is recognized that the City has directed our Customer to proceed with the construction of public improvements upon the guarantee of this Irrevocable Letter of Credit. It is further acknowledged that the consideration for this Irrevocable Letter of Credit is provided by agreements between this Bank and our Customer. This Irrevocable Letter of Credit sets forth in full the terms of this undertaking between the Bank and the City, and such undertaking shall not in any way be modified, amended, amplified, nor shall it be limited by reference to any documents, instrument or agreement referred to herein, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Demands on this Irrevocable Letter of Credit shall be made by presenting the Bank with a letter from the City Clerk of the City of Yorkville demanding payment accompanied by the certificate of the City Clerk of the City of Yorkville certifying the basis for the default and demand on this Irrevocable Letter of Credit. The Bank agrees that this Irrevocable Letter of Credit shall not be reduced or discharged except upon receipt of a certificate of the City Clerk of the City of Yorkville certifying that this Irrevocable Letter of Credit may be reduced. The outstanding balance of this Irrevocable Letter i i Wyndham Deerpoint Homes Irrevocable Letter of Credit No. 2968 Page 4 of Credit shall be the face amount of this Irrevocable Letter of Credit less any amount which is discharged upon certificate of the City Clerk; provided however, the outstanding balance of this Irrevocable Letter of Credit shall not be reduced to less than 15% of the approved engineer's estimate upon which this Irrevocable Letter of Credit is based until the City Council accepts the aforementioned improvements and a certificate of the City Clerk certifying that the Irrevocable Letter of Credit has been released by the City Council of the City. In respect to the written certification above, the Bank is authorized to accept the certification as binding and correct without investigation or responsibility for the accuracy, veracity, correctness or validity of the same or any part thereof. All acts, requirements and other preconditions for the issuance of this Irrevocable Letter of Credit have been completed. The Bank further agrees and engages that it will be responsible and liable for attorney fees and court costs which may be incurred by the City in enforcing collection of this Irrevocable Letter of Credit in accordance with its terms. We hereby engage with you that all demands for payment in conformity with the terms of this Irrevocable Letter of Credit will be duly honored on presentation to us prior to expiration of this Irrevocable Letter of Credit. This Irrevocable Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No. 500. Old Second National Bank Frederick F. Sinkovits Sr. Vice President i AUG-072006 08 : 04 From : OLD SECOND OF LISLE 6309611197 To : 6308920315 P . 3/4 Rug 04 2006 1102PM W2lndham Deerpoins Homes 630 -966 - 1006 P . 3 EXHIBIT A SPACECO, INC. Paelof2 l UNIT !TEES A Sn" 60104 ap1M0 Cer el 1. EAOBION CONTROL INUIW 28 EACH WOAD 71,10040 2. STRAW SALE ORAEIAGE 81TRUCRJRS 19 EACH $"AD IAm,m S. EROWON CONTROL CUTLET 1 EACH MOAD MOD 4. 8001NO-PNiOYAM 1.P< ACRE p2,2aD.40 $00.10 A-sol Emalon a.0�aC0nm1 a�A.TaaJm 57,OSrw tb.l�n 1. FINE OMOE Po04OV/AY 17930 S.Y. PAS 4l.781.0 2. 0ACkKL CURB 7'003 L.F. $IAO STAOEm 3. AESPAEAC PM407NAYa OF RESPREAO 1ISOD 1)7 SAAYN S/1200000 9,6smcSm1 aub.Tatal• 15'01100 1- STORM $EWIK RCP, 04aN 12' 100 CR fa0A0 $12,071).40 2. STORM BRW[ L, RCP, GL IV as em LF, WAS 1MAISOA0 3. STORM SEWS RCP, CL IV 2T 2d 1 LF $via PM 40 4. STORM SEWBk ACA,CL IV W we LF, Ifts 411I.MAO a. STORM SH\A'9*4 RCP, CL IV 21' 74. LF, 7ba.40 52200AD 0- STORM UW9C RGP, CL 1C 740 LF. $20.00 J;W'7WAO 7. STORM SEWER RGP, CL IV IT Sal LF. 1122.51) 4WoW2AD S. STORM WVY0K RCP.CL IV 12 I= L.F. Saw 725.540,00 O NTOMYRENCHEAgOFLL aIr DIA 131 LP. lam IOASOAO 10. STORM T71@HCH a.ALTffLL AWDA 010 LF, 71240 77ASSA0 11. STORM k"HOLE or OHS. 1 EACH 171000.00 7r,mOAO 12 STORM WNHOLE ev CPA, t SAC" 14,1)00.40 1N,m0AO 13. STORM MN HQUE 72• DU. 9 EACH $31mo 0 S10AWA0 14. aTOPol WNMOLe OW DNA, S EACH 4250041) SW,OWAD I.I. CATCH SASIN 00' 24 EAC71 53.00040 172,OWAO 19 INLET 240 D1A6 20 EACH 51901).00 S1D,p".00 IT. FLAPEDEMSECTICALWRDRATE 42' 1 EACH $1.900.00 51.000.00 C... . t0- STORM 907NVRE, PVC DCR2a B• 0.0 EACH S280.00 412,200AD 0. Omer mpnisomer4. Sub.Taw& 5260.84am 1, DYTUM"OUS SURFACE upse La', CLI Jams S.Y. b,70 134,40720 Z AW4WOA PWF,Atx7UASS lar CL IO,ESS a3% $4.7e 500,27a,73 0. AOGREOATE FA RI TYPES Itr 10,0.05 5;7, 710.2 tics,ff*OAD .73 4. CEOTFj[GUF FABRIC 8.6.12. EFAHWC 7,035 0.Y. SILOS $1a,15a.7a S. WIKeSGURE0. 0dAOOR) a-0.12 7,1)10. LF. S1I.70 701,10.2'01) 0. PCO 910EWALK rMGX, ON2' CA6 NATO S.F. WSO S100A45.00 7. PCC SIDEWALK ACROSS ORIVEWAY 5' MpC ON CAA 46000 R.P. KOO 71020041) S, STREET LD04I77NO GOMPLM 11 EACH S4AWJW 54011m.00 O. A010a4Y 1mIS0YerISH aao-TNUI- fAes,tre2a 1. TIRE NVDRANY W/AIOL VALVE AND I0. EAOI 52AmAD i70Am.m 2. vTM, DI aa2 WAaTIENOS 12' 1,31s LF, SM NO ITIA92M 9, WHA DIYie2 W�FI7'INCp3 C 21015 LF. WAS 702.147100 ' 4. wATOR aF7rvlcea,W70.00X r4.onO 43 EACH Wrom $77,020,40 S. WATER.SLRLO MY41941= 14$H6RT 20 EACH 079.00 111),579.0 G. VALVE 1T IN 8tr VAULT 0 EACH i2AEO.m 7124000.40 7. VALVE 8.1Naox 4 EACH 11.100.40 71,400.0 a. PLUG AND OLOLIC I7TUO S EACH 1M.00 $760.00 9. OOINECYTCCOOBVINCSIUO 1 EACH 10.40.40 10.00.40 9. WN7AEHCH 9AGIffEL, LNEAL NOGT 080 LF. S1S.W E, W4*,n14N lmplrnwlwllb 9ub-T4YNm 7224,000.40 1. 8AHRAR79EWa1L RR/C80R 21) V,, W,1G 09EP 770 LF. 726140 721,704.40 2. 0ANRMYWWER, IAGSO112S 4", 41WOEEP 1,510 LF. 725.40 SIO,260,W 3. *WffARYb1WMOLCTYPEA 4WDIA, IOt1SOEEP 4 EACH 12200.00 SIO,000.m A. SANITARY MANHOW,TYPE A 40' 1)y <iP DEEP 7 FJfj1 SLOOO.m 14,1)40.40 O• EAIIRARY OIQRVICSII LONG 20 EAON SIA60,0D SWOO.m N. EANITARY 3E1A.VICE6 SNORT 43 EACH HSm,m WASO.m T. SANITARY AENCH RACJO4L 410'DEEP 80 I.F. 520.m N, O" . R.34n1nY 94•arlaOtnDYem4Nq GO-Taws 147A}Lm - . tmd► mpfaa Rt1Ca-"07-2006 08: 04 From : OLD SECOND OF LISLE 6309611197 To : 6308920315 P . 4/4 Aug 04 2006 11o2PM Windham Deerpolnt Homes 630 - 866 - 1006 1214 EXHIBIT A SPACE00o INC. Page 2 of 2 nu .r e�.rnwanawa. UNrt M21 Q= Iota IM !M'[ SUSTOTALE 51,146,701.7E W% CONMENCT . 51141670_7! TOTALU 51A .fi tlGpAi I. This as*" b P17and read M pwd mood ul Emhndn5 PI&M b C26knia 6�►SYrm' OW IWW01, bat WM61 A01611. MOO. i TNa a\rNbYP'79�>te tlaSW.mly. ePACECO nggrmw>n.ah0.l.enulm.0 Hnotvr7 6c+n Ota �mun\ rdkAYd, utd wrtmw m rmyvod.Yaray. 0. 11 \ emuned NrtaS aoutlwf be p►Tal msle xld wren A N0 9nOrl Of lln/dI EOr•N tbnd. 1.TIAS rdn�t. Qf�y,dCLI1C4uei AERA/T PE[S h I.ANOWAPIN6 0. REVIEW FUR - d. UUVRWAYSMMGJM 1APAMS.TNo►R5 IL tWDMKW OF UNKWARLS"WRIAL E CFF8ITEROADWAYANOV"LOYNFROYE16EM91OCCM411LSRWD OWWV% 0L S IP TTAKY RB =NTENCGPMRWtrARY A.STORM SEVIF.R MiMM "LOTS41.44 St,AND MAU L EAISTNO STORM MWER RiWOYAL OR A&WMNVENTAS ReCARRm MY 7N5 CTIY• 1. MN55 ORMWM, ALL MAW ORADW4 ASS"DTO BEPERROWAM A0 PART OF MUSE I IWROVM*PZM. K SEE CMADMA MM0MSMdPKASW0 Wf rr SYSPACECO,IWC. oATFa oyleAS PORPM/$t< EREnImOriH. B YT\ aaUntla QM$NQ[ IdudK Mohrnerwa ro4Yr. EROSION COMPM CONSTRI)C710N ROAM WIUYW PAW aN r tax I Ili EXXi IIBIT B Page 1 of 2 THAT PART OF THE NORTH HALF OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 20 IN CALEDONIA SUBDIVISION - 13/32 PHASE 1, BEING A SUBDIVISION OF PART OF THE NORTH HALF OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 16, 2006 AS DOCUMENT NUMBER 2060007979, SAID POINT BEING A POINT ON THE NORTH LINE OF SOUTH 3 .33 CHAINS OF THE EAST 10 CHAINS OF THE NORTHEAST QUARTER OF NORTHWEST QUARTER OF SAID SECTION 17; THENCE SOUTH 88 DEGREES 17 MINUTES 09 SECONDS WEST ALONG THE LAST DESCRIBED LINE 504.61 FEET TO THE WEST LINE OF SAID SOUTH 3.33 CHAINS OF THE EAST 10 CHAINS; THENCE SOUTH 00 DEGREES 20 MINUTES 22 SECONDS EAST ALONG THE LAST DESCRIBED WEST LINE 217.87 FEET TO THE SOUTHWEST CORNER OF SAID 3.33 CHAINS OF THE EAST 10 CHAINS OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17; THENCE SOUTH 88 DEGREES 17 MINUTES 08 SECONDS WEST ALONG THE NORTH LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17 A DISTANCE OF 6.20 FEET TO THE NORTHWEST CORNER OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17; THENCE SOUTH 00 DEGREES 24 MINUTES 20 SECONDS EAST ALONG THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17 A DISTANCE OF 1323.91 FEET TO THE SOUTHWEST CORNER OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17; THENCE NORTH 88 DEGREES 19 MINUTES 04 SECONDS EAST ALONG THE SOUTH LINE OF THE SOUTHWEST %- QUARTER OF SAID SECTION 17 A DISTANCE OF 299.99 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A CHORD BEARING OF NORTH 71 DEGREES 38 MINUTES 54 SECONDS EAST 286.85 FEET, HAVING A RADIUS OF 500.00 FEET, AND ARC DISTANCE OF 290.94 FEET TO A POINT OF TANGENCY; THENCE NORTH 54 DEGREES 58 MINUTES 44 SECONDS EAST 106,33 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING OF NORTH 71 DEGREES 39 MINUTES 15 SECONDS EAST 286.94 FEET, HAVING A RADIUS OF 500.00 FEET, AND ARC DISTANCE OF 219.04 FEET TO A POINT OF TANGENCY; THENCB NORTH 88 DEGREES 19 MINUTES 45 SECONDS EAST, 297.11 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT, HAVING A CHORD BEARING OF SOUTH 82 DEGREES 33 MINUTES 19 SECONDS EAST 158.42 FEET, HAVING A RADIUS OF 500.00 FEET, AN ARC DISTANCE OF 159.09 FEET TO A POINT ON THE WEST LINE OF YORKVILLE BUSINESS CENTER SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 10, 2000 AS DOCUMENT NUMBER 200000013808; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE LAST DESCRIBED LINE 82.96 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE SOUTHEASTERLY ALONG THE NORTH LINE OF SAID YORKVILLE BUSINESS CENTER SUBDIVISION, BEING A CURVE TO THE RIGHT HAVING A CHORD BEARING OF SOUTH 72 DEGREES 54 MINUTES 47 SECONDS EAST 57.95 FEET, HAVING A RADIUS OF 580.00 FEET, AN ARC DISTANCE OF 57.97 FEET TO A POINT OF TANGENCY; THENCE SOUTH 70 DEGREES 02 MINUTES 13 SECONDS EAST, ALONG SAID NORTH LINE 195.40 FEET TO THE SOUTHWEST CORNER OF LOT 5 IN YORKVILLE BUSINESS CENTER UNIT 2, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 13, 2000 AS DOCUMENT NUMBER 200000012408; THENCE NORTH 00 DEGREES 12 MINUTES 00 SECONDS WEST ALONG THE WEST LINE OF SAID LOT 5 AND THE NORTHERLY EXTENSION THEREOF 667.04 TO A POINT ON THE WESTERLY EXTENSION OF THE NORTH LINE OF YORKVILLE BUSINESS CENTER UNIT 3, ACCORDING TO THE PLAT THEREOF RECORDED MAY 21, 2001 AS DOCUMENT NUMBER 20010008620 (ALSO BEING THE SOUTH LINE EXTENDED WESTERLY OF FISHER'S SUBDIVISION); THENCE SOUTH 88 DEGREES 40 MINUTES 19 SECONDS WEST ALONG THE LAST DESCRIBED LINE, 90.47 FEET; THENCE SOUTH 81 DEGREES 04 MINUTES 01 SECONDS WEST 44.80 FEET; THENCE NORTH 27 DEGREES 42 MINUTES 32 SECONDS _ EXIIIBIT B Page 2 of 2 WEST 122.31 FEET; THENCE NORTH 29 DEGREES 44 MINUTES 13 SECONDS WEST 66.55 FEET; THENCE SOUTH 52 DEGREES 51 MINUTES 46 SECONDS WEST 126.31 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING OF NORTH 85 DEGREES 46 MINUTES 29 SECONDS WEST 33.04 FEET, HAVING A RADIUS OF 25.00 FEET, AND ARC DISTANCE OF 36.10 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A CHORD BEARING OF NORTH 49 DEGREES 02 MINUTES 55 SECONDS WEST 70.00 FEET, HAVING A RADIUS OF 433.00 FEET, AND ARC DISTANCE OF 70.07 FEET TO A POINT OF TANGENCY; THENCE NORTH 53 DEGREES 41 MINUTES 05 SECONDS WEST 132.97 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING OF SOUTH 53 DEGREES 59 MINUTES 49 SECONDS WEST 236.07 FEET, HAVING A RADIUS OF 287.00 FEET, AN ARC DISTANCE OF 243.29 FEET TO A POINT OF COMPOUND CURVATURE; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING OF NORTH 55 DEGREES 35 MINUTES 23 SECONDS WEST 36.05 FEET, HAVING A RADIUS OF 25.00 FEET, AN ARC DISTANCE OF 40.26 FEET TO A POINT ON THE EAST LINE OF LONGVIEW DRIVE, DEDICATED MARCH 16, 2006 AS DOCUMENT NUMBER 2060007979; THENCE SOUTH 03 DEGREES 22 MINUTES 13 SECONDS EAST ALONG THE LAST DESCRIBED LINE, NON-TANGENT TO THE PREVIOUSLY DESCRIBED COURSE, 112.90 FEET; THENCE SOUTH 00 DEGREES 23 MINUTES 42 SECONDS EAST ALONG THE LAST DESCRIBED LINE 1 19.42 FEET TO THE NORTHWEST CORNER OF LOT 61 IN SAID CALEDONIA SUBDIVISION-PHASE 1; THENCE NORTH 89 DEGREES 36 MINUTES 17 SECONDS EAST ALONG THE NORTH LINE OF LOTS 61 THROUGH 57 IN SAID CALEDONIA SUBDIVISION-PHASE 1 AND THE EASTERLY EXTENSION THEREOF 13/32, 489.42 FEET TO A POINT ON A NON-TANGENT CURVE, SAID CURVE BEING THE EASTERLY LINE OF WHEATON AVENUE DEDICATED MARCH 163 2006 AS DOCUMENT NUMBER 2060007979; THENCE SOUTHERLY 77.99 FEET ALONG THE LAST DESCRIBED EASTERLY LINE, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 433.00 FEET AND WHOSE CHORD BEARS SOUTH 05 DEGREE 33 MINUTES 19 SECONDS EAST 77.89 FEET TO A POINT OF TANGENCY; THENCE SOUTH 00 DEGREES 23 MINUTES 42 SECONDS EAST ALONG THE LAST DESCRIBED EASTERLY LINE 347.43 FEET; THENCE SOUTH 89 DEGREES 36 MINUTES 18 SECONDS WEST ALONG THE SOUTH LINE OF LOTS 52 THROUGH 56 AND THE EASTERLY EXTENSION THEREOF 496.42 FEET TO A POINT ON THE EASTERLY LINE OF SAID LONGVIEW DRIVE; THENCE SOUTH 00 DEGREES 23 MINUTES 42 SECONDS EAST 246.00 FEET; THENCE SOUTH 89 DEGREES 36 MINUTES 18 SECONDS WEST ALONG THE SOUTHERLY LINE OF SHADOW WOOD DRIVE, DEDICATED MARCH 16, 2006 AS DOCUMENT NUMBER 2060007979 A DISTANCE OF 173.38 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY LINE 164.56 FEET BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 14200 FEET AND WHOSE CHORD BEARS SOUTH 56 DEGREES 24 MINUTES 18 SECONDS WEST 155.50 FEET; THENCE NORTH 66 DEGREES 47 MINUTES 42 SECONDS WEST 66.37 FEET TO THE SOUTHEAST CORNER OF LOT 32 IN SAID CALEDONIA SUBDIVISION-PHASE 1 ; THENCE SOUTH 89 DEGREES 36 MINUTES 18 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 32 A DISTANCE OF I ST68 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE NORTH 00 DEGREES 23 MINUTES 42 SECONDS WEST ALONG THE WEST LINE LOTS 21 THROUGH 32 IN SAID CALEDONIA SUBDIVISION-PHASE 1, AND THE NORTHERLY EXTENSION THEREOF 935.58 FEET TO A POINT ON THE NORTH LINE OF CALEDONIA DRIVE DEDICATED MARCH 16, 2006 AS DOCUMENT NUMBER 2060007979; THENCE NORTH 89 DEGREES 36 MINUTES 18 SECONDS EAST ALONG SAID NORTH LINE 165.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 20; THENCE NORTH 00 DEGREES 23 MINUTES 42 SECONDS WEST ALONG THE WEST LINE OF SAID LOT 20 A DISTANCE OF 146. 14 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. i _ Telepbone(630) 96 6-1000 Telempier(630) 966-1005 March 12, 2007 Hand Delivered Joe Wywrot Yorkville City Engineer United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 Re: Caledonia Subdivision Phase II Landscaping Letter of Credit No. 309000356 i Dear Joe: This letter is to confirm that we agree that the Lob B landscaping will be included in the Phase II r Letter of Credit for the Caledonia Subdivision. When the time comes for a reduction in the remaining Letter of Credit amount, the amount of reduction will be reduced by the amount of - remaining work to be done for landscaping on Lot B in accordance with the City approved estimate of cost. If you need any further information, please contact me. Yours truly, Richard M Guerard RMG/jmh Eno. cc: Laura Haake, City Park Designer,United City of Yorkville i i C 605 LINDSAY CIRCLE, NORTH AURORAh IL 60542 W W W.W YDP.COM Old Second Old Second National Bank March 9, 2007 Mayor and Aldermen City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Caledonia Subdivision Phase II Irrevocable Letter of Credit No. 309000356 For Account of Wyndham Deerpoint Homes Amount: $ 82,027.00 Gentlemen: Old Second National Bank ("Bank"), by Frederick F. Sinkovits, Sr. Vice President, its duly authorized agent, hereby establishes and issues this Irrevocable Letter of Credit ("Letter of �. Credit") in favor of the City of Yorkville ("City") in the amount of $ 82,027.00, which represents 110% of the cost of the improvements described herein. Such Letter of Credit is available to be drawn upon by the City upon presentation to this Bank of your demand for payment accompanied by a copy of this Letter of Credit. This Letter of Credit is issued for the purpose of securing and paying for the installation of the following public improvements in the aforesaid subdivision per the cost estimate prepared by Gary R. Weber dated 02/08/07: Phase H Shade Trees $74,570,00 Contingency 10% $ 7,457.00 Total $82,027,00 The development is legally described as follows: Attached as Exhibit A Said public improvements shall be constructed by Wyndham Deerpoint Homes, ("our Customer" and "Owner"), in accordance with the plans, specifications and cost estimates. 37 S.River St.,Aurora,IL 60506,630-892-0202 • 555 Redwood Dr.,Aurora,IL 60506,630-844-3555 • 1350 N.Farnsworth Ave,Aurora,IL 60505,630.851.7700 1230 N.Orchard Road,Aurora,IL 60506,630-966-1300 • 4080 Fox Valley Ctr.Dr.,Aurora,IL 60504-4109,630-499-4330 200 W.John 5t.,North Aurora,IL 60542-1685,630-859-3400 • 1991 W.Wilson 5t.,Batavia, IL 60510,630406-1000 • 23 S.Fourth St.,Geneva,IL 60134,630-208-0210 8015.Kirk Road Sr Charles,IL 60174,630-762-3840 • BBB N.LaFox Street,South Elgin,IL 60177,847-760-6008 • 1200 Douglas Rd,Oswego,IL 60543-8956,630-551-1200 Route 47 ® Cross St,Sugar Grove, IL 60554,630.466-4841 • 5024 Ace Ln.,Naperville, IL 60564-8171,630.527-6490 www.o2bancorp.com 3101 E.Ogden Ave.,Lisle, IL 60532-1678,630-305-4644 • 2761 Black Road,Joliet,IL 60435,615-744.2221 Member FDIC l7 i Wyndham Deerpoint Homes Letter of Credit No. 309000356 Page 2 The Bank agrees that this Letter of Credit shall remain in full force and effect and pertain to any and all amendments or modifications which may be made from time to time to the plans, specifications and cost estimated for said modifications. This Letter of Credit shall expire on February 14, 2009 provided, however, the Bank notifies the City Clerk by certified mail, return receipt requested, or by overnight courier, at least ninety (90) days prior to said expiration date, that this Letter of Credit is about to expire. In no event shall this Letter of Credit or the obligations contained herein expire except upon said prior written notice, it being expressly agreed by the Bank that the above expiration date shall be extended as required to comply with this notice provision, This Letter of Credit shall remain in effect until February 14, 2009, without regard to any default in payment of money owed to the Bank by our Customer and without regard to other claims which the Bank may have against our Customer, and in no event shall terminate without notice as specified above. This Letter of Credit may be renewed by the Bank or our Customer prior to the above expiration date by submitting an Amendment to this Letter of Credit or a new Letter of Credit to the same form and substance as this Letter of Credit to the City Clerk in an amount equal to 110% of the estimated cost to complete and pay for the above described improvements. The following shall entitle the City to make demand on this Letter of Credit: 1 . that said Letter of Credit will expire within thirty (30) days and has not been renewed; or 2. that the aforesaid improvements have not been completed by the Owner at least thirty (30) days prior to the aforesaid expiration date; or 3. that the Owner has failed to complete or carry on the work of the installation and construction of the required improvements in accordance with the schedule, or at a faster pace if the installation of the private improvements shall be completed before public improvements to service them are available; or 4. that the City has determined that the Owner has demonstrated that they will be unable to complete the improvement; or S. that the City has determined that the public improvements or other improvements covered by this Letter of Credit have been or are likely to be the subject of liens or other claims by contractors, subcontractors or third parties; or Wyndham Deerpoint Homes Letter of Credit No. 309000356 Page 3 6. that if more funds are disbursed at this time on order of the Owner insufficient funds will remain irrevocably committed to guarantee the completion of all improvements, and such certification indicates that the Owner has been notified that the municipality finds that a breach of the Owner's obligations has occurred and has not been cured within a period of thirty (30) days. The Bank's obligation to the City is based solely on the terms and conditions of this Letter of Credit between the Bank and the City and is not subject to instructions from our Customer. It is recognized that the City has directed our Customer to proceed with the construction of public improvements upon the guarantee of this Letter of Credit. It is further acknowledged that the consideration for this Letter of Credit is provided by agreements between this Bank and our Customer. This Letter of Credit sets forth in full the terms of this undertaking between the Bank and the City, and such undertaking shall not in any way be modified, amended, amplified, nor shall it be limited by reference to any documents, instrument or agreement referred to herein, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or j agreement. Demands on this Letter of Credit shall be made by presenting the Bank, directed to the attention Loan Servicing, 37 S. River St., Aurora, IL 60507, with a letter from the City Clerk demanding payment accompanied by the certificate of the City Clerk certifying the basis for the default and demand on this Letter of Credit. In respect to the written certification above, the Bank is authorized to accept the certification as binding and correct without investigation or responsibility for the accuracy, veracity, correctness or validity of the same or any part thereof. The Bank agrees that this Letter of Credit shall not be reduced or discharged except upon receipt of a certificate of the City Clerk certifying that this Letter of Credit may be reduced. The outstanding balance of this Letter of Credit shall be the face amount of this Letter of Credit less any amount which is discharged upon certificate of the City Clerk; Provided however, the outstanding balance of this Letter of Credit shall not be reduced to less than 15% of the approved cost estimate upon which this Letter of Credit is based until the City Council accepts the aforementioned improvements and a certificate of the City Clerk certifying that the Letter of Credit has been released by the City Council of the City. Wyndham Deerpoint Homes Letter of Credit No. 309000356 . ICI Page 4 All acts, requirements and other preconditions for the issuance of this Letter of Credit have been completed. The Bank further agrees and engages that it will be responsible and liable for attorney fees and court costs which may be incurred by the City in enforcing collection of this Letter of Credit in accordance with its terms. The Bank hereby engages with the City that all demands for payment in conformity with the terns of this Letter of Credit will be duly honored on presentation to us prior to expiration of this Letter of Credit. This Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No. 500. Old Second National Bank Frederick F. Sinkovits ( Sr. Vice President I II I I • i I EXHIBIT A Pin No.: 02-17-100-013; 02-17-201-009 THAT PART OF THE NORTH HALF OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 20 IN CALEDONIA SUBDIVISION - 13132 PHASE 1 , BEING A SUBDIVISION OF PART OF THE NORTH HALF OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 16, 2006 AS DOCUMENT NUMBER 2060007979, SAID POINT BEING A POINT ON THE NORTH LINE OF SOUTH 3.33 CHAINS OF THE EAST 10 CHAINS OF THE NORTHEAST QUARTER OF NORTHWEST QUARTER OF SAID SECTION 17; THENCE SOUTH 88 DEGREES 17 MINUTES 09 SECONDS WEST ALONG THE LAST DESCRIBED LINE 504.61 FEET TO THE WEST LINE OF SAID SOUTH 3.33 CHAINS OF THE EAST 10 CHAINS; THENCE SOUTH 00 DEGREES 20 MINUTES 22 SECONDS EAST ALONG THE LAST DESCRIBED WEST LINE 217.87 FEET TO THE SOUTHWEST CORNER OF SAID 3.33 CHAINS OF THE EAST 10 CHAINS OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17; THENCE SOUTH 88 DEGREES 17 MINUTES 08 SECONDS WEST ALONG THE NORTH LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17 A DISTANCE OF 6,20 FEET TO THE NORTHWEST CORNER OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17; THENCE SOUTH 00 DEGREES 24 MINUTES 20 SECONDS EAST ALONG THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17 A DISTANCE OF 1323.91 FEET TO THE SOUTHWEST CORNER OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17; THENCE NORTH 88 DEGREES 19 MINUTES 04 SECONDS EAST ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 17 A DISTANCE OF 299.99 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A CHORD BEARING OF NORTH 71 DEGREES 38 MINUTES 54 SECONDS EAST 286.85 FEET, HAVING A RADIUS OF 500.00 FEET, AND ARC DISTANCE OF 290.94 FEET TO A POINT OF TANGENCY; THENCE NORTH 54 DEGREES 58 MINUTES 44 SECONDS EAST 106.33 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING OF NORTH 71 DEGREES 39 MINUTES 15 SECONDS EAST 286.94 FEET, HAVING A RADIUS OF 500.00 FEET, AND ARC DISTANCE OF 219.04 FEET TO A POINT OF TANGENCY; THENCE NORTH 88 DEGREES 19 MINUTES 46 SECONDS EAST, 297. 11 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT, HAVING A CHORD BEARING OF SOUTH 82 DEGREES 33 MINUTES 19 SECONDS EAST 158.42 FEET, HAVING A RADIUS OF 500.00 FEET, AN ARC DISTANCE OF 159.09 FEET TO A POINT ON THE WEST LINE OF YORKVILLE BUSINESS CENTER SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 10, 2000 AS DOCUMENT NUMBER 200000013808; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE LAST DESCRIBED LINE 82.96 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE SOUTHEASTERLY ALONG THE NORTH LINE OF SAID YORKVILLE BUSINESS CENTER SUBDIVISION, BEING A CURVE TO THE RIGHT HAVING A CHORD BEARING OF SOUTH 72 DEGREES 54 MINUTES 47 SECONDS EAST 57.95 FEET, HAVING A RADIUS OF 580.00 FEET, AN ARC DISTANCE OF 57.97 FEET TO A POINT OF TANGENCY; THENCE SOUTH 70 DEGREES 02 MINUTES 13 SECONDS EAST, ALONG SAID NORTH LINE 195.40 FEET TO THE SOUTHWEST CORNER OF LOT 5 IN YORKVILLE BUSINESS CENTER UNIT 2, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 13, 2000 AS DOCUMENT NUMBER 200000012408; THENCE NORTH 00 DEGREES 12 MINUTES 00 SECONDS WEST ALONG THE WEST LINE OF SAID LOT 5 AND THE NORTHERLY EXTENSION THEREOF 667.04 TO A POINT ON THE WESTERLY EXTENSION OF THE NORTH LINE OF YORKVILLE BUSINESS CENTER UNIT 3, ACCORDING TO THE PLAT THEREOF RECORDED MAY 21 , 2001 AS DOCUMENT NUMBER 20010008620 (ALSO BEING THE SOUTH LINE EXTENDED WESTERLY OF FISHER'S SUBDIVISION); THENCE SOUTH 88 DEGREES 40 MINUTES 19 SECONDS WEST ALONG THE LAST DESCRIBED LINE, 90.47 FEET; . i i THENCE SOUTH 81 DEGREES 04 MINUTES 01 SECONDS WEST 44.80 FEET; THENCE NORTH 27 DEGREES 42 MINUTES 32 SECONDS WEST 122.31 FEET; THENCE NORTH 29 DEGREES 44 MINUTES 13 SECONDS WEST 66.55 FEET; THENCE SOUTH 52 DEGREES 61 MINUTES 46 SECONDS WEST 126.31 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING OF NORTH 85 DEGREES 46 MINUTES 29 SECONDS WEST 33.04 FEET, HAVING A RADIUS OF 25.00 FEET, AND ARC DISTANCE OF 36. 10 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A CHORD BEARING OF NORTH 49 DEGREES 02 MINUTES 65 SECONDS WEST 70.00 FEET, HAVING A RADIUS OF 433.00 FEET, AND ARC DISTANCE OF 70.07 FEET TO A POINT OF TANGENCY; THENCE NORTH 53 DEGREES 41 MINUTES 05 SECONDS WEST 132.97 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING OF SOUTH 53 DEGREES 59 MINUTES 49 SECONDS WEST 236.07 FEET, HAVING A RADIUS OF 287.00 FEET, AN ARC DISTANCE OF 243.29 FEET TO A POINT OF COMPOUND CURVATURE; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING OF NORTH 55 DEGREES 35 MINUTES 23 SECONDS WEST 36.05 FEET, HAVING A RADIUS OF 25.00 FEET, AN ARC DISTANCE OF 40.26 FEET TO A POINT ON THE EAST LINE OF LONGVIEW DRIVE, DEDICATED MARCH 16, 2006 AS DOCUMENT NUMBER 2060007979; THENCE SOUTH 03 DEGREES 22 MINUTES 13 SECONDS EAST ALONG THE LAST DESCRIBED LINE, NON-TANGENT TO THE PREVIOUSLY DESCRIBED COURSE, 112.90 FEET; THENCE SOUTH 00 DEGREES 23 MINUTES 42 SECONDS EAST ALONG THE LAST DESCRIBED LINE 119.42 FEET TO THE NORTHWEST CORNER OF LOT 61 IN SAID CALEDONIA SUBDIVISION- PHASE 1 ; THENCE NORTH 89 DEGREES 36 MINUTES 17 SECONDS EAST ALONG THE NORTH LINE OF LOTS 61 THROUGH 57 IN SAID CALEDONIA SUBDIVISION-PHASE 1 AND THE EASTERLY EXTENSION THEREOF 13/32, 489.42 FEET TO A POINT ON A NON-TANGENT CURVE, SAID CURVE BEING THE EASTERLY LINE OF WHEATON AVENUE DEDICATED MARCH 16, 2006 AS DOCUMENT NUMBER 2060007979; THENCE SOUTHERLY 77.99 FEET ALONG THE LAST DESCRIBED EASTERLY LINE, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 433.00 FEET AND WHOSE CHORD BEARS SOUTH 05 DEGREE 33 MINUTES 19 SECONDS EAST 77.89 FEET TO A POINT OF TANGENCY; THENCE SOUTH 00 DEGREES 23 MINUTES 42 SECONDS EAST ALONG THE LAST DESCRIBED EASTERLY LINE 347.43 FEET; THENCE SOUTH 89 DEGREES 36 MINUTES 18 SECONDS WEST ALONG THE SOUTH LINE OF LOTS 52 THROUGH 56 AND THE EASTERLY EXTENSION THEREOF 496.42 FEET TO A POINT ON THE EASTERLY LINE OF SAID LONGVIEW DRIVE; THENCE SOUTH 00 DEGREES 23 MINUTES 42 SECONDS EAST 246.00 FEET; THENCE SOUTH 89 DEGREES 36 MINUTES 18 SECONDS WEST ALONG THE SOUTHERLY LINE OF SHADOW WOOD DRIVE, DEDICATED MARCH 16, 2006 AS DOCUMENT NUMBER 2060007979 A DISTANCE OF 173.38 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY LINE 164.56 FEET BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 142.00 FEET AND WHOSE CHORD BEARS SOUTH 56 DEGREES 24 MINUTES 18 SECONDS WEST 155.50 FEET; THENCE NORTH 66 DEGREES 47 MINUTES 42 SECONDS WEST 66.37 FEET TO THE SOUTHEAST CORNER OF LOT 32 IN SAID CALEDONIA SUBDIVISION-PHASE 1 ; THENCE SOUTH 89 DEGREES 36 MINUTES 18 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 32 A DISTANCE OF 187.68 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE NORTH 00 DEGREES 23 MINUTES 42 SECONDS WEST ALONG THE WEST LINE LOTS 21 THROUGH 32 IN SAID CALEDONIA SUBDIVISION-PHASE 1 , AND THE NORTHERLY EXTENSION THEREOF 935.58 FEET TO A POINT ON THE NORTH LINE OF CALEDONIA DRIVE DEDICATED MARCH 162 2006 AS DOCUMENT NUMBER 2060007979; THENCE NORTH 89 DEGREES 36 MINUTES 18 SECONDS EAST ALONG SAID NORTH LINE 165.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 20; THENCE NORTH 00 DEGREES 23 MINUTES 42 SECONDS WEST ALONG THE WEST LINE OF SAID LOT 20 A DISTANCE OF 146. 14 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. Old Second Right sized banking. j I May 25, 2010 AMENDMENT NO. 1 TO IRREVOCABLE LETTER OF CREDIT NO. 309000356 i Mayor and Aldermen United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Caledonia Subdivision — Phase II Landscaping Gentlemen: i Please be advised that Wyndham Deerpoint Homes has sold the property associated with the - above referenced Letter of Credit to Ziemia, LLC. At the request of Wyndham Deerpoint Homes and Ziemia, LLC and per your acceptance below (signed copy of this Amendment to be returned to the Bank), Old Second National Bank hereby amends this Letter of Credit as follows: Wyndham Deerpoint Homes, further identified as "our Customer" and "Owner" throughout the original Letter of Credit, is hereby changed to Ziemia, LLC. The amount of this Letter of Credit remains at $69,866.50. All other terms and conditions remain the same. Sincerely, Dana Hopp 1" Vice President Old Second National Bank 37 S. River St. Aurora, IL 60506 (630) 906-5509 www.oldsecondcom Old Second National Bank Member FDIC WNW Letter of Credit No. 309000356 Page Two ACCEPTANCE: The above changes are hereby acknowledged and agreed to. United City of Yorkville (Signature) (Name and Title) i I