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City Council Packet 2006 05-23-06 `,QED C/TY ,a y United City of Yorkville 800 Game Farm Road ME 1 1836 Yorkville, Illinois 60560 o L Telephone: 630-553-4350 Fax: 630-553-7575 <CE AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday, May 23,2006 Call to Order: 7:00 p.m. Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Paul James Valerie Burd Marty Munns Joe Besco Jason Leslie Dean Wolfer James Bock Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Ad-hoc: Technology Committee 7:00 p.m.,Monday, June 5, 2006 6:00 p.m., Tuesday, June 13, 2006 City Hall Conference Room City Hall Conference Room Economic Development Committee: 7:00 p.m., Thursday,May 25, 2006 City Hall Conference Room Administration Committee Meetin¢: 6:30 p.m., Thursday, June 1, 2006 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday,June 8, 2006 City Hall Conference Room Presentations: None City Council Meeting Agenda May 23,2006 Page 2 Public Hearings: 1. New Life Church of Yorkville, an Illinois Not-for-Profit Corporation, The Estate of Elizabeth G. Baumann, deceased, Teresa R. Hoffman and George P. Baumann, Old Second Bank Trust#8574,Henry A. Baumann, Sr., by-pass trust c/o teresa R. Hoffmann and George P. Baumann,petitioners,request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville B-3 Service Business District and R-1 One-Family Residence District. The real property consists of approximately 49.36 acres located on southeast corner of Galena Road and Kennedy Road, Bristol Township, Kendall County, Illinois. 2. Downtown Tax Increment Financing Redevelopment Project and Plan Executive Session: 1. For the appointment, employment, compensation, discipline,performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. Citizen Comments: Consent Agenda 1. ADM 2006-33 Monthly Treasurer's Report for March 2006 2. -EDC 2006-12 Ordinance Amending City Code Title 10—Zoning, Chapter 13 —Planned Unit Development -authorize Mayor and City Clerk to execute 3. PW 2006-80 Heartland Circle Bond Reduction#6—authorize reduction in an amount not to exceed $211,34622 4. PW 2006-82 Raintree Village Unit 6—Construction Guarantee—agree to accept a reduced bond or letter of credit in the amount of$2,011,380.68 5. PW 2006-83 Walter E. Deuchler Associates, Inc. Engineering Agreement for Construction Services of the North Branch Contract No. 1 Rob Roy Creek Interceptor-authorize Mayor and City Clerk to execute 6. PW 2006-84 Galena Road Watermain—Plat of Easement-authorize Mayor and City Clerk to execute 7. PW 2006-88 Ordinance to Enact Recapture Agreement for River's Edge Subdivision Watennain Recapture - authorize Mayor and City Clerk to execute 8. PW 2006-89 Recommended Nominees for Historical Street Names - approve Dr. Frederic Michael Groner, Richard "Jerry" Groner, and Winfred(Win) Prickett as nominees for historical street names 9. PW 2006-90 Countryside Parkway (E. Kendall—Center Parkway)—Bid Results - award to Aurora Blacktop, Inc. in an amount not to exceed$223,287.82 Plan Commission/Zoning Board of Appeals: City Council Meeting Agenda May 23, 2006 Page 3 Minutes for Approval (Corrections and Additions): Minutes of City Council—None Minutes of Committee of the Whole—None Minutes of Special Committee of the Whole—April 25,2006 Bill payments for approval from the current Bill List(Corrections and Additions): Checks total these amounts: $ 1,622,762.92 (vendors -FY 05/06) $ 125,293.25 (vendors -FY 06/07) $ 197,041.91 (payroll period ending 4/29/06) $ 1,945,098.08 (total) Reports: Mayor's Report: 1. Swearing-in of Richard Hart as Lieutenant 2. Swearing-in of James Presnak as Sergeant 3. Appointment of Finance Director 4. Park Board Appointment 5. Proclamation for Relay for Life 6. Resolution Opposing the Passage of the Communications Opportunity Promotion and Enhancement Act(Cope Act) City Council Report: City Attorney's Report: City Clerk's Report: 1. MFT Audit Report No. 57 for January 1, 2005 —December 31, 2005 2. Appointment of Deputy Clerk City Treasurer's Report: City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Director of Parks & Recreation Report: Community Development Director Report: Community&Liaison Report: City Council Meeting Agenda May 23, 2006 Page 4 Committee Reports: Public Works Committee Report: 1. No Report. Economic Development Committee Report: 1. PC 2006-20 Pulte Homes—Westhaven—First Amendment to Annexation and PUD Agreement a. Ordinance Authorizing the Execution b. Ordinance Rezoning Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. ADM 2006-13 Resolution Adopting a Hiring Process for Certain Salaried Management Employees Additional Business: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2005—2006 �UBLIC WORKS' ---_______------- ------ ------ ------------------- Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committ ee: Alderman Munns Streets and Alleys YBSD Committee: Alderman Wolfer Sanitation and Waste Committee: Alderman James ECONOMIC DE_VEL_O_ PMENN Committee — Departments Liaisons Chairman: Alderman Munns Planning& Building& Zoning Chamber of Commerce Committee: Alderwoman Burd Business &Economic Dev. Kendall County Econ. Dev. Committee: Alderman Besco Plan Commission Committee: Alderman Leslie Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention& Tourism Council Downtown Re-development City Council Meeting Agenda May 23, 2006 Page 5 COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2005–2006 (con't) !PUBLIC SAFETY] _ Committee –- Departments ------ Chairman: Alderwoman Spears Police Human Resource Comm. Committee: Alderman Wolfer Schools School District Committee: Alderman Leslie Public Relations KenCom Committee: Alderman Bock �ADMims RATIOIJ _ Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Spears Public Properties Library Committee: Alderwoman Burd Personnel Cable Consortium Committee: Alderman Bock HOC: TECHNOLOGY � ------–- --- ---– Committee ---- ----- ----- — -- Co-Chairman: Alderman Wolfer Co-Chairman: Alderman Bock 0 copy United City of Yorkville Memo 800 Game Farm Road EST.. 1836 Yorkville, Illinois 60560 T Telephone: 630-553-4350 py Fax: 630-553-7575 <ILL E Date: May 22, 2006 To: Mayor and City Council From: Lisa Pickering, Office Assistant CC: Department Heads Subject: Additional information for City Council packets—May 23, 2006 Attached please find updated information for your City Council packet for Public Hearing#1 — New Life Church. Please add this information to your packet. Draft: 05/19/06 ANNEXATION AGREEMENT (NEW LIFE CHURCH) THIS ANNEXATION AGREEMENT("Agreement'), is made and entered into as of this —day of 2006,by and between OLD SECOND NATIONAL NK BA OF AURORA,AS TRUSTEE UNDER A TRUST AGREEMENT DATED JULY 24,2001 AND KNOWN AS TRUST NUMBER 8574,THE ESTATE OF ELIZABETH G.BAUMANN,DECEASED; TERESA R HOFFMANN AND GEORGE P.BAUMANN,INDEPENDENT EXECUTORS,AND HENRY A. BAUMANN SR. BYPASS TRUST C/O TERESA R HOFFMAN AND GEORGE P. BAUMANN, owners of approximately 49.38 acres of property located east of Kennedy Road,north of Mill Road,and southeast of Galena Road in Kendall County,Illinois. Permanent Index Numbers 02-11-300-004 and 02-11-300-009(hereinafter collectively referred to as"OWNERS"),and THE NEW LIFE CHURCH OF YORKVILLE,an Illinois Not For Profit Corporation (hereinafter referred to as"DEVELOPER"), and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY")by and through its Mayor and Aldermen("Corporate Authorities"). OWNERS and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a"Party"and collectively as the"Parties". 120461/1 ] RECITALS: A. OWNERS are the owners of record of certain parcels of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit "A" (hereinafter referred to as"SUBJECT PROPERTY"). B. OWNERS and DEVELOPER desire to annex the SUBJECT PROPERTY to the CITY for the purposes of developing a church facility along with other business uses. C. OWNERS and DEVELOPER desire to proceed with the development of aAurch_. oeJeted' facility along with various other commercial and office uses in accordance with the terms and provisions of this Agreement. D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be zoned under the R-1 One-Family Residence District and B-3 Service Business District provisions of the City Zoning Ordinance ("Zoning Ordinance") as depicted on the Legal Descriptions of Zoning Parcels attached hereto and incorporated herein as Exhibit `B", for a church facility and commercial areas with the B-3 Service Business District uses identified in Exhibit`B". E. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning and conceptual site plan on and . The Plan Commission concluded their deliberations on this case at their meeting. City Council conducted the public hearing on the annexation agreement on F. The CITY and OWNERS and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. 120461/1 2 G. The Corporate Authorities, after due and careful consideration, have concluded that the Execution of this Annexation Agreement subject to the terms and provisions of this Agreement, and the zoning, subdivision and development of the SUBJECT PROPERTY as provided for herein,will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits,promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. H. (i) Each party agrees that it is in the best interests of the OWNERS, DEVELOPER and the CITY to annex and develop the SUBJECT PROPERTY described in the Attached Exhibit"A" as an R-1 One Family Residence District and B-3 Service Business District allowing for a church facility as well as a mix of commercial uses in conformance with the United City of Yorkville Comprehensive Plan. (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the OWNERS and DEVELOPER to provide for specific performance standards in the development of the SUBJECT PROPERTY. (iii) Each parry agrees that it is in the best interest of the OWNERS, DEVELOPER and the CITY that the SUBJECT PROPERTY be developed in an orderly and efficient fashion. (iv) Each party agrees that a substantial impact will be placed on the services of the United City of Yorkville and other governmental agencies by development of said real property. (v) The SUBJECT PROPERTY is contiguous to the corporate boundaries of the CITY. 120461/1 3 I. It is the desire of the CITY, the OWNERS, and DEVELOPER that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. J. The OWNERS and DEVELOPER and their representatives have discussed the proposed annexation and have had public hearings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement. The Parties hereto further agree to supplement this Agreement with the Petition for Zoning and Annexation, and drawings submitted therewith to be approved by the City Council upon the following terms and conditions and in consideration of the various agreements made between the parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and zone the SUBJECT PROPERTY under the R-1 One- Family Residence District, and B-3 Service Business District under provisions of the Zoning Ordinance. The zoning map of the CITY shall thereupon be modified to reflect the classifications of the SUBJECT PROPERTY as aforesaid. It is further understood and agreed to 120461/1 4 by the Patties that an assisted living facility is a permitted use within said B-3 Service Business District. Deleted:y 1 OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY, unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement 3. MODIFICATIONS OF LOCAL CODES. The specific modifications and deviations from the CITY'S ordinances, rules, and codes contained herein have been requested, approved and are permitted with respect to the development,construction,and use of the Subject Property("Permitted Modifications"). (A) OWNERS and DEVELOPER shall be granted approval by the CITY to utilize a maximum of six (6) feet of bounce in the two retention areas located adjacent to and south of Galena Road, as well as the retention area located north of the existing Mill Road as depicted in Exhibit"E" OWNERS and DEVELOPER shall also be ermitted to utilize a four to one 4/1 Deleted: aloc fee ofbounce in each r________.._ .._........_._... .._..... .p. _. _ --------------�_. re[®tiw area located apou the Subject side slope ratio with no buffer requirement in the two retention areas located adjacent to and Property south of Galena Road, as well as the retention area located north of the existing Mill Road as depicted in Exhibit"E" Deleted:each rater on a ea located e_____________________________________________________ upon the Subject Property (B) OWNERS and DEVELOPER shall be allowed to construct a school facility upon the portion of the Subject Property zoned in the R-1 District. The school facility built upon the Subject Property shall be allowed to be built to a maximum height of fifty-five(55)feet. (C) OWNERS and DEVELOPER shall be allowed to construct a church facility upon the portion of the Subject Property zoned in the R-I District. The church facility shall be allowed a maximum building height of fifty-five feet(55),and a church steeple maximum height of one-hundred and ten(110)feet shall also be permitted. (D) OWNERS and DEVELOPER shall be allowed to construct,maintain,and operate an outdoor recreation facility located within the R-1 area of the Subject Property. Such outdoor recreation facility may include paved surfaces and equipment necessary for skate boarding, 12046111 5 inline skating or for any other outdoor recreational activities which the OWNERS and DEVELOPER may wish to engage in upon the Subject Property. Such outdoor recreation facility shall be constructed, operated,and maintained by OWNER'S and DEVELOPER and will comply with CITY building and safety codes, (E) CITY agrees that all signs which are permitted under Chapter 12 of the CITY Zoning Ordinance for Business Districts shall be permitted within the area of the Subject Property which are zoned R-1. OWNERS and DEVELOPERS shall be allowed illuminated permanent signs up to one hundred (100) square feet in area advertising the church and school facility within the R-1 zoned area of the Subject Property. Furthermore OWNERS and DEVELOPERS shall be allowed to construct permanent stone entry monuments upon the Subject Property. Such Monuments shall be permitted at entry points located along Mill Road, Deli`O0 J J P r�'• P rY P �__ _ Kennedy Road and Galena Road (F) OWNERS and DEVELOPER shall also be allowed to illuminate the church steeple and parking lots within the R-1 zoned portion of the Subject Property The followirl interim uses set forth below-shall-be allowed an here wlthm the Deleted:r _ Subject Property during the term of this Agreement, (i) As of the date of this Agreement there is an occupied residential detached housing unit located on the southeast comer of the Subject Property which is in the area proposed to be zoned B-3. OWNERS and DEVELOPER wish to continue to rent the aforementioned residence to their tenants. For this reason the CITY agrees to allow the continued use of such residential unit for residential purposes until development of this portion of the Subject Property is commenced. (ii) The Subject Property is currently utilized for farming purposes. The CITY agrees to allow the OWNERS and DEVELOPER, or their farm tenant to continue all types of crop farming upon the Subject Property until development of the Subject Property is commenced. 4. UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS. OWNERS and DEVELOPER agree that any extension and/or construction of utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as 120461/1 modified by this Agreement. Any on-site work and the cost thereof shall be the responsibility of OWNERS and DEVELOPER except as otherwise provided in this Agreement. 5. SECURITY INSTRUMENTS. A. Posting Security. OWNERS and DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds ("Security Instruments")to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The DEVELOPER shall have the sole discretion, subject to compliance with Illinois Compiled Statutes, as to whether an irrevocable letter of credit or surety bond will be used as the Security Instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five percent(85%) of the value certified by the City Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. Perimeter roadways and onsite improvements may be dedicated, constructed, and/or bonded as independent Phases of Development at the sole discretion of the DEVELOPER,as long as adjacent phases are seventy percent(70%)constructed. B. Acceptance of Underground Improvements and Streets. The CITY, once it has had the opportunity to inspect and fully confirm that the public improvements required to be constructed under this Agreement comply with CITY approved plans,specifications,and ordinances,shall approve all such public improvements, all in accordance with Section 21 of this agreement , and shall accept their dedication subject to the OWNERS'S and DEVELOPER'S warranty,as described 120461/1 7 herein, and shall thereafter operate, maintain, repair, and replace all such public improvements located therein. The procedure for acceptance of improvements shall comply with CITY ordinances. OWNERS and DEVELOPER warrant that all public improvements required to be constructed by them hereunder shall be free from defects in workmanship or material for a period of one (1) year after acceptance thereof by the CITY. Upon notice from CITY, OWNERS and DEVELOPER shall promptly commence to remedy any defects covered by the Deleted:the foregoing warranties,and in addition thereto,in the event that,any construction-or-.,- build out activity within any Phase_of the development_of the SUBJECT Deleted:OWNER'S and ____--__-_ __________ DEVELOPER's wastrucdon of PROPERTY is determined to have damaged any public improvements previously installed by OWNERS and DEVELOPER within the SUBJECT PROPERTY, then, upon notice thereof from the CITY, OWNERS and DEVELOPER shall promptly commence to repair or replace any and all public improvements so damaged. C. Reduction of Suretv Within sixty, Qc--a-le-n-d—ar'days after - Deleted:thirty a� ecel - Dee notice from the OWNERS and DEVELOPER that certain of the public improvements and facilities within a phase of the SUBJECT PROPERTY under development have been completed, and (b) delivery to the City of all required documentation (including without limitation material certifications), the City Engineer shall inspect said improvements and indicate, in writing, either his approval or disapproval of the same. If such improvements are not approved, the reasons therefore shall,within said s' (60J calendar da erio_ be set forth in a Deleted:thirty J vctyr--- - ------yp-- d' ---- - --- .. -----'--- Deleted;30 F 1 written notice to the OWNERS and DEVELOPER. Upon the OWNER'S and DEVELOPERS correction of th unch list items set forth in said notice,the City_ mismd qP_ ---.. --- ---------- ty Engineer, at the OWNER'S and DEVELOPER'S request, shall re-inspect the improvements to be corrected and either approve or disapprove said -receipt- _ - Deleted.improvements, in writing within sixty ,(6�-workln g-days of of_the Deleted:30 OWNERS and DEVELOPER'S notice requesting said re-inspection. As public improvements are partially completed and paid for by the OWNERS and /20461/1 8 I DEVELOPER and accepted by the CITY the Security Instruments deposited by the OWNERS and DEVELOPER with the CITY, if requested by the OWNERS and DEVELOPER, may be proportionately reduced or released on an individual improvement-by-improvement basis. Notwithstanding anything herein to the contrary,the CITY shall have no obligation to reduce or release the last ten(10%) of any Security Instrument provided hereunder until all warranty obligations of OWNERS and DEVELOPER secured thereby have lapsed. D. Construction of Offsite and Onsite Improvements OWNERS shall be allowed to construct the required off site and onsite improvements simultaneously with the issuance of building permits for individual lots and/or buildings, but it is understood that building permits may not be issued unless OWNERS and DEVELOPER have provided adequate road access (i.e. gravel Dell 4>Convevavice to CITY All course or paved roads) to the lots for emergency vehicles and has provided completed public improvements constructed on,or in connection with the sufficient water supplies for fire fighting purposes. All other offsite and onsite development of the SUBJECT PROPERTY or any Parcel or Phase improvements (except final lift of bituminous asphalt surface on roads if a ereorfonvits then inspection and approval by the CITY shall be conveyed by a bill of sale to,and accepted by,the weather, labor strikes, plant closings or any other condition or circumstance I CITY on an improvement by improvement basis within thirty(30)days beyond OWNERS and DEVELOPER'S control prevents installation of such or within forty-five(45)days ifona committee agenda,of.ipt.fwritre. improvements), serving any said lot or building shall be installed by OWNER request for accept"ce submitted to the CITY by the OWNER and and DEVELOPER and approved by the CITY, however, before an occupancy DEVELOPER,am accetance.r cevsideratiov and acceptance wiPow forty-five(45)days. The CITY'S permit is issued for said lot or building, the balance of the required onsite acceptance ofany conveyance ofa public improvement shall not be unreasonably subdivision improvements not required to serve said lot or building may be withheld or delayed and shall be a.a Phase or Unit by Unit basis(l constructed in phases after issuance of the aforesaid occupancy permit, as the acceptance ofpublic improvements in particular Phase or Unit ofdevelopmant development on each phase progresses. ofthe SUBJECT PROPERTY shall not IJ p P be contingent upon acceptance ofpublic improvements in another Phase or Unit of development,provided the pubhc improvements being accepted can E. Utility Permits The CITY shall issue permits to OWNER and DEVELOPER to'a ��en end perform their intended r:___ _ permits purpose independent of the public authorize the commencement of construction of utility improvements on the ` ®provamems in another Phase or Unit of development,or if dependent on the SUBJECT PROPERTY or an Parcel or Phase thereof prior to: 1 approval of a Public improvements in another Phase or Y P () pP Unit ofdeents in such the public improvements m such other Phase m Unit final plat of subdivision; (ii) prior to construction of the CITY utility ofdeveloparent have been accepted by the CITY). I improvements provided:(1)such construction is undertaken at the risk of a party `�rormatted:Bullets and Numbering 120461/1 9 seeking to undertake such work; (2) approved engineering plans for such improvements have been approved by the CITY that are sufficient in detail for the CITY to determine the nature and scope of the improvements being constructed: (3) the preliminary subdivision plat for the Phase upon which the improvements are being constructed has been approved by the CITY;and(4)the IEPA and the Fox Metro Water Reclamation District, as applicable, have issued permits for the construction of sanitary sewer and water lines for the Phase or Unit on which the improvements are being constructed. The CITY agrees to process IEPA sewer and water permit applications separate and apart from the review of final engineering plans so that the IEPA will be in a position to issue such permits prior to CITY approval of final engineering plans. OWNER and DEVELOPER acknowledge that the CITY signatures on the IEPA permit applications do not constitute final plat or plan approval. OWNER and DEVELOPER shall indemnify the CITY against any claims, actions or losses the CITY may suffer, sustain or incur because other governmental agency takes action against the CITY after OWNER and DEVELOPER undertakes development activities pursuant to the provisions of this Subsection 5. 6. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS. Upon completion of other public improvements not constructed specific to any individual neighborhood (i.e. park areas, offsite utilities, property owners association open space areas) in each Phase or Unit of Development; and approval by the City Council upon recommendation by the City Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable SECURITY INSTRUMENT, subject to a maintenance SECURITY INSTRUMENT remaining in place for a one year period from the date of approval by the CITY. 7. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY,including,without limitation those pertaining to subdivision controls,zoning,storm 120461/1 10 water management and drainage, comprehensive land use plan, and related restrictions, as they Deleted:eight x presently exist, except as amended, varied, or modified by the terms of this Agreement, shall Deleted:8 { apply to the SUBJECT PROPERTY and its development for a period of five,(*years from the Deleted:eight , ' Irr' Deleted:8 f date of this Agreement. Any amendments, repeal, or additional regulations, which are (Deleted:eight subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT ,`,' Deleted:8 Deleted:"piration of said eight(8) PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five,%: year_oa_ � 5 year period. The CITY shall iv_e_th__e_O_OWNERS E_R_S_an__d_DEVELOPER O__P_E_R__a_s_ix_ 6 month ace Deleted'The building codes for the YP _ g_ � ___ r CITY in oWem as of the date ofthis 4 Agreement will severe the development period from the date they are notified of any changes to the ordinances, regulations,and codes of r° t ofthe Subject Property. These ! ' regalaions as they presently exist,except the CITY in order to comply with the new regulations. After said fiv 5 ear eriod, the as amended,varied,or modified by the e�'�y--p-------- , terns ofthis AgreemenS shall apply to SUBJECT PROPERTY and its development will be subject to all ordinances, regulations,'and the SUBJECT PROPERTY and as development for a period of five(5)years 'codes of the CITY the date of issuance ofthe building Y in existence on or adopted after the approval of this agreement. e The,' pemdt Any amendments,repeal,or additional regulations,which me foregoing to the contrary notwithstanding,in the event the CITY is required to modify, amend Or subsequently enacted by the CITY,shall not be applied to the development of[be enact any ordinance or regulation and to apply the same to the SUBJECT PROPERTY pursuant SUBJECT PROPERTY except upon the - written consent.£OWNERS and to the express and specific mandate of any superior governmental authority, such ordinance or DEVELOPER dmiug said five(5)year period. After said five(5)year period, regulation shall apply to the SUBJECT PROPERTY and be complied with b DEVELOPER, SUBJECT PROPERTY and its gu PP Y P Y iY � development will be subject to all mdivavices,mgulatious,and codes of the provided, however, that any so called "grandfather" provision contained in such superior J CITY in wastes.an or adopted after the expiration afraid five(5)year periad.Q governmental mandate which would serve to exempt or delay implementation against the It daring the tens of this Agreement,any existing,amended,modified or new SUBJECT PROPERTY shall be given full force and effect. ordinances,codes or regulations aNectmg the development and/or construction of any improvements,buildings, appurtenances open the SUBJECT 8. BUILDING CODE. The City as adopted the International Building Code, PROPERTY amam®mquin modified o ty p g impose me t o r ostrrmon upon on � development or construction upon which is updated approximately every three years. The building codes for the CITY in effect of ; pmpanics situated within the CITY'S u boundaries,then the benefit of such less the date of the building permit application will govem any and all construction activity within restrictive requirements shall more to the benefit of the OWNERS and the Subject Property DEVELOPER,and anything to the contrary contained basin notwithstanding,the OWNERS and DEVELOPER may proceed with development or canstumion upon the 9. FEES AND CHARGES. During the first five (5) years following the date of SUBJECT PROPERTY pursuant to the less restrictive amendment or issuance of the first building permit,the CITY shall impose upon and collect from the OWNERS modification applicable generally to all properties within the CITY.$ and/or DEVELOPER and their respective contractors and suppliers, only those permit license, Notwithstanding theprovisions ofthis Ageement,all national amendments, deletions,m additions to the building tap on and connection fees and charges, and in such amount or at such rate,as are in effect on the codes ofthe CITY pertaining to life/safety considerations adopted after date of this Agreement and as is generally applied throughout the CITY, except as otherwise the date fthis Ageement whiab affecs all land within the CITY,shall be expressly provided for in this agreement. At the expiration of this five year term,the CITY shall applicable to the SUBJECT PROPERTY 120461/1 upon the expiration of the twelfth „ J 11 —'- ---- give the OWNERS and DEVELOPER a s' moot ace eriod from the date they-are - Deletes:unc _ g n4_« _hc gr___ J?_____ _ ---�"�_ Deleted:l notified of any changes to the permit, impact, license,tap on and connection fees and charges in order to comply with the new regulations. 10. CONTRIBUTIONS. The City shall not require the OWNERS and DEVELOPER to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 11. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be entitled to construct, maintain and utilize development identification, marketing and location signs on Mill Road, Kennedy Road, and Galena Road, and at such other locations within the corporate limits of the CITY as OWNERS and DEVELOPER may designate subject to sign permit review and issuance by the CITY. Development identification,marketing, and location signs located on Mill Road, Kennedy Road, and Galena Road shall be allowed to have a maximum surface area of one-hundred and eight square feet (180), and shall be fifteen (15)feet high, and twelve (12)feet wide. Any Offsite Signs will not be located on public right- of-ways. OWNERS and DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite Sign may be illuminated subject to approval by the CITY. 12. CONSTRUCTION TRAILERS. OWNERS and DEVELOPER may locate temporary construction trailers upon the SUBJECT PROPERTY during the development and build out of said property, provided any such trailer shall be removed within two (2) weeks following issuance of the final occupancy permit for the SUBJECT PROPERTY. A permit will be required by the CITY for any trailer that will be utilized as office space. 120461/1 12 13. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the SUBJECT PROPERTY as required and approved by OWNERS and DEVELOPER for development purposes. Said trailers may remain upon the SUBJECT PROPERTY until the issuance of the last final occupancy permit for the SUBJECT PROPERTY. A permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way. 14. OVERSIZING OFIMPROVEMENTS. A. Recapture Agreement. In the event the CITY requests the DEVELOPER to t Deleted.Rcimb... by me C rY construct a CITY improvement beyond that needed for the proposed development or other public improvement, including oversizing and or deepening of such improvements, which will serve property other than the SUBJECT PROPERTY, and benefit the CITY as a whole, then the CITY agrees to adopt recapture ordinances to reimburse the DEVELOPER for such expenses including engineering, construction, and other costs which may reasonably be expected to be incurred by the DEVELOPER. 15. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes(2002)ed., shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public purposes,except as otherwise provided in this Agreement. 16. RELOCATION OF MILL ROAD. The CITY agrees to use their best efforts to relocate Mill Road to accommodate the development of the Subject Property. It is understood by the Parties that the CITY shall be responsible for all costs associated with the relocation of Mill Road. Furthermore the CITY agrees to pay all costs associated with removing the vacated Mill 120461/1 13 Rd. from the Subject Property, including asphalt removal, dumping fees, and grading, as well as any existing utilities located within the existing Mill Road right of way. Furthermore upon completion of the new Mill Road the CITY agrees to close and Vacate the existing Mill Road. Upon vacation, the land up to the centerline where adjacent to the Subject Property shall be deeded and/or otherwise released or conveyed to the OWNER and DEVELOPER at no cost, and the OWNERS and DEVELOPERS shall incorporate the land into the proposed subdivision at the DEVELOPER'S discretion. CITY and DEVELOPER shall cooperate in the timing of the closing and vacation to meet the reasonable demands of the DEVELOPER. Provided however,there shall be no vacation of this section of roadway until the new Mill Road is constructed and connects to Kennedy Road. Upon the City's removal and vacating of the existing Mill Road, OWNERS and DEVELOPER shall be allowed to reconstruct a road at the same location where the existing Mill Road formerly existed. Any road constructed by OWNERS and DEVELOPER willfully comply with all CITY codes,ordinances,and regulations. 17. ONSTTE EASEMENTS AND IMPROVEMENTS. Upon relocation of Mill Road the CITY shall at it's sole cost relocate the existing Nicer gas line currently located along the CITY'S Mill Road prescriptive easement.TTU on the CITY'S relocation-of-said Nicer as line_ "l Deleted:the eaf op grope ry l ne P P Y_P _ � 'within the SubjeM Property. the CITY shall then obtain a release of the thirty(30)foot easement where said Nicer gas line is currently located. If any easement granted to the CITY as a part of the development of the SUBJECT PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the SUBJECT PROPERTY, the CITY shall fully cooperate with OWNERS and DEVELOPER in vacating and relocating such easement and utility facilities located therein. 18. DISCONNECTION. OWNERS and DEVELOPER shall develop the Subject Property in accordance with the terms of this agreement,and shall not as either the OWNERS or DEVELOPER of said property,petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 120461/1 14 19. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 20. TRANSFER. DEVELOPER may assign this Agreement without CITY approval,but only in connection with its conveyance of all or any part of the SUBJECT PROPERTY,and upon said assignment and acceptance by an assignee,the DEVELOPER shall have no further obligations hereunder as to the that portion of the SUBJECT PROPERTY so conveyed,but shall continue to be bound by this Agreement and shall retain the obligations created thereby with respect to any portion of the SUBJECT PROPERTY retained and not conveyed. If DEVELOPER or its successors sell a portion of the SUBJECT PROPERTY, the seller shall be deemed to have assigned to the purchaser any and all rights and obligations it may have under this Agreement(excluding rights of recapture)which affect the portion of the SUBJECT PROPERTY sold or conveyed and thereafter the seller shall have no further obligations under this Agreement as it relates to the portion of the SUBJECT PROPERTY so conveyed,but any such seller shall retain any rights and obligations it may have under this Agreement with respect to any part of the SUBJECT PROPERTY retained and not conveyed by such seller. Notwithstanding any such assignment of this Agreement or any such sale or conveyance,unless the successor to or assignee of the DEVELOPER of all or a portion of the SUBJECT PROPERTY shall have deposited and substituted its letter of credit as security for the construction,repair and maintenance of roadway or other public improvements with the CITY, the DEVELOPER or other seller though otherwise released from all obligations hereunder,shall keep its letter of credit on deposit with the CITY until such time as the DEVELOPER or the successor to or assignee of the DEVELOPER has provided a substitute letter of credit! -- comment: 21. GENERAL PROVISIONS A. Enforcement This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate 120461/1 15 action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER,and the CITY. C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail,return receipt requested,postage prepaid,addressed as follows: (1) If to OWNERS Andrew G.White,Esq. Dickson&Hasenbalg 2000 W.Galena Blvd. Suite 305 Aurora,IL.60506 Fax: (630)553-2134 120461/1 16 (II) If to New Life Church of Yorkville Pastor Rick Thiemke DEVELOPER: 3205 Cannonball Trail Yorkville,IL.60560 Fax: (630)553-7338 with copies to: John Philipchuck Dommermuth,Brestal,Cobine&West Ltd 123 Water St. Naperville, IL 60566 Fax:(630)355-5976 (III) If to CITY: United City of Yorkville Attn:City Clerk 800 Game Farm Road Yorkville,B 60560 Fax:(630)553-7575 with a copy to: John Wyeth Esq. 800 Game Farm Rd. Yorkville,1160560 Fax:(630)553-7575 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severabilitv This Agreement is entered into pursuant to the provisions of the Agreements With Owners of Record Act of the Illinois Municipal Code(65 ILCS 5/11-15.1-1, et seq.) In the event any part or portion of this Agreement, or any provision, clause,word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part,portion,clause,word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT PROPERTY. 12046111 17 F. Agreement This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes This Agreement may be amended by the CITY and the owner of record of a portion of -the SUBJECT PROPERTY as to provisions applying exclusively thereto,without the consent of the owner of other portions of the SUBJECT PROPERTY not effected by such Agreement. G. Conveyances Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the SUBJECT PROPERTY,whether improved or unimproved. H. Necessary Ordinances and Resolutions The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or assigns, to develop the SUBJECT PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty(20) years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. 12N61/1 18 K. Recordine This Agreement shall be recorded in the Office of the Recorder of Deeds,Kendall County,Illinois,at OWNERS and DEVELOPER'S expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original,but all of which together shall constitute one and the same document. N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any approved phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the Subject Property. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, Fez Metro Water Reclamation District, or any other governmental agency that preempts the authority of the United City of Yorkville. O. Time is of the Essence Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. P. Exculpation It is agreed that the CITY is not liable or responsible for any restrictions on the CITY'S obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, the CITY, the DEVELOPER and OWNERS, including,but not limited to,county,state or federal regulatory bodies. 12046111 19 Q. Liability of OWNERS. It is expressly understood and agreed by and among the parties hereto that all responsibility of The Old Second National Bank of Aurora Trust No. 8574, The Estate of Elizabeth Bauman, and The Henry A. Bauman Sr. Bypass Trust shall be extinguished simultaneously with the transfer of title to the real estate from the OWNERS to the Purchaser, New Life Church of Yorkville, An Illinois Not For Profit Corporation, as DEVELOPER hereunder. Thereafter, the DEVELOPER assumes all of the responsibilities and obligations of the OWNERS under this Agreement. It being understood and agreed, however, that OWNERS shall also have no obligation to perform the obligations of the DEVELOPER,unless said OWNERS agree in writing to assume said obligations. aatcul 20 IN WITNESS WHEREOF,the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. CTTY: DEVELOPER: UNITED CITY OF YORKVILLE, NEW LIFE CHURCH OF YORKVILLE, an Illinois municipal corporation an Illinois not for profit corporation By: By: Title:Mayor President Attest: Attest: Title: City Clerk Secretary Dated: Dated: I?D461/1 21 OWNER: OLD SECOND NATIONAL BANK OF AURORA, AS TRUSTEE UNDER A CERTAIN TRUST AGREEMENT DATED JULY 24,2001 KNOWN AS TRUST NUMBER 8574 By. Its: Attest: Its: 12046111 22 OWNER: THE ESTATE OF ELIZABETH G. BAUMANN, DECEASED; THERESA R. HOFFMANN AND GEORGE P.BAUMANN,INDEPENDENT EXECUTORS By: Its: Attest: Its: 120461/1 23 OWNER: HENRY A BAUMANN SR. BY-PASS TRUST C/O TERESA R. HOFFMANN AND GEORGE P.BAUMAN By: Its: Attest: Its: 120461/1 24 Page 11:[1]Deleted _ Vince M.Rosanova 5/19/2006 10:08 AM The building codes for the CITY in effect as of the date of this Agreement will govern the development of the Subject Property. These regulations as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of five (5) years from the date of issuance of the building permit. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five (5) year period. After said five (5) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five (5)year period. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the development and/or construction of any improvements, buildings, appurtenances upon the SUBJECT PROPERTY are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. Notwithstanding the provisions of this Agreement, all national amendments, deletions, or additions to the building codes of the CITY pertaining to life/safety considerations adopted after the date of this Agreement which affects all land within the CITY, shall be applicable to the SUBJECT PROPERTY upon the expiration of the twelfth (12t ) month following the effective date of such amendments, deletion, or addition, whether during the five (5) years next following the date of this Agreement, or any time thereafter. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the building codes in order to comply with the new regulations. Pu b)ic, -kvi -4 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) UNITED CITY OF YORKVILLE PETITION FOR ANNEXATION The undersigned Petitioners, being the owners of record, respectfully petition the City of Yorkville to cause the property described in the Plat of Annexation, marked Exhibit A, attached hereto and made a part hereof, to be annexed to the City of Yorkville, Kendall County, State of Illinois. The Petitioner represents to the City of Yorkville as follows: 1. That Petitioners are the legal title holders of the Property described in Exhibit A (hereinafter referred to as "Subject Property"). 2. That the Subject Property is not within the corporate limits of any municipality but is contiguous to the City of Yorkville in Kendall County, Illinois. 3. That the Subject Property is generally located east of Kennedy Road, and north of Mill Road in Kendall County, Illinois. 4. That the Subject Property is presently zoned A-1 Agricultural under the Kendall County Zoning Ordinance. 5. That this petition is conditioned on the Owners and City entering into a mutually acceptable annexation agreement for the Subject Property. 6. That this Petition is being presented pursuant to the terms of the Annexation Agreement with the City of Yorkville for the Subject Property. 7. That a majority of electors residing upon the Subject Property have signed this petition. 120448/1 WHEREFORE, Petitioner respectfully requests: 1. That the Subject Property described in Exhibit A be annexed to the City of Yorkville in accordance with the provisions of 65 ILCS 5/7-1-8 of the Municipal Code of the State of Illinois, as amended upon the negotiation of a mutually agreeable annexation agreement. 2. That this petition is conditioned on the Owners and City entering into a mutually acceptable annexation agreement for the subject property. 3. That upon annexation of the Subject Property to the City of Yorkville, the Subject Property shall be zoned pursuant to the terns of the Annexation Agreement. 4. That such other action be taken as is appropriate in the premises. RESPECTFULLY SUBMITTED this_day of 2006. 120448/1 OWNER: OLD SECOND NATIONAL BANK OF AURORA, AS TRUSTEE UNDER A CERTAIN TRUST AGREEMENT DATED JULY 24, 2001 KNOWN AS TRUST NUMBER 8574 By: Its: Attest: Its: STATE OF ILLINOIS ) )ss. COUNTY OF ) I,the undersigned,a Notary Public in and for said County and State aforesaid,DO HEREBY CERTIFY,that of OLD SECOND NATIONAL BANK OF AURORA,N.A.,a National Banking Association and of said Bank, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such officers of said Bank respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary acts,and as the free and voluntary act of said Bank,as trustee for the uses and purposes,therein set forth. Given under my hand and Notarial Seal this_day of T,2006. Notary Seal 120446/1 OWNER: THE ESTATE OF ELIZABETH G. BAUMAN, DECEASED; THERESA R HOFFMAN AND GEORGE P. BAUMAN, INDEPENDENT EXECUTORS By: Its: Attest: Its: STATE OF ) ss. COUNTY OF ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that personally (mown to me to be the same person_ whose name _ is/are subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that _he/they signed, sealed and delivered the said instrument as h_/their free and voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal,this day of 12006. 120449/1 OWNER: HENRY A BAUMAN SR. BY-PASS TRUST C/O TERESA R. HOFFMANN AND GEORGE P. BAUMAN By: Its: By: Its: STATE OF ) ss. COUNTY OF ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that personally known to me to be the same person_ whose name _ is/are subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that —he/they signed, sealed and delivered the said instrument as h /their free and voluntary act, for the uses and purposes therein set forth.. Given under my hand and official seal,this day of 12006. 120448/1 ELECTOR: DAWN WHITNEY By: Dawn Whitney Dated: STATE OF ILLINOIS ) ss. COUNTY OF DUPAGE ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that personally ]mown to me to be the same person whose name is subscribed to the foregoing instrument,appeared before me this day in person, and acknowledged that she signed, sealed and delivered the said instrument as her free and voluntary act,for the uses and purposes therein set forth Given under my hand and official seal,this_day of 12006. Notary Public Prepared by Vincent M. Rosanova DOMMERMUTH,BRESTAL, COBINE AND WEST,LTD. 123 Water Street Naperville, Illinois 60540 120448/1 In; i€€�gfQYg� 3 e agat 'tg h�pBp &•a g e'32 dCO. I ..�,�4� g ee¢gp°dee `Feeaear T pC g Y lu -f g§ E 4g€ y2a iee€hgP �4 pe€F,gE aag €i¢ S FaEas "B�pE P €€48I gs f •�sg4� Ce![ €: 'ae P II c g?4. bpt" k k T 'sip`p4';"6 ggSK C{ @:cl 't'�yE€:'%oa .Pegpti°. T A&E.`8E @ rs a gy�`�g 3 Eg 4'kse 6 E � 4€gP iA`�CP4ie£`g tfa €g €gF�sz4ggC¢ N �x`€ e fg, a egr6yu�j g a Q ��g � gp!€4 4p E6''e @ Do k' 9d�?� a t €g€666888, a a € : g; :'_+� I T -9 e 55€ ;¢¢G"e¢Pe� peglp€j:el Q\ Ink Mir CD �E2ss8kkSe64e �341�eEs�€ �(:[g`-°$.: ��,��✓c �' � _ .�,k . 'tom �: -�� \ � � �eEg �F.i ' 'f� Y W r4 [ r a\ E 54e w � r CC \ lei W iye COW1� p x UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 630/553-4350 PC# APPLICATION & PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST Development Name: New Life Church Date of Submission: Requesting: Annexation Zoning [] Planned Unit Development Special Use: 1. Name of petitioner(s): New Life Church of Yorkville, an Illinois not-for-profit corporation Address: 3205 Cannonball Trail yorkvilla Tllinnic 60560 Phone Number: 630-553-0200 Fax Number: 630-553-7338 Relationship of Petitioner(s)to subject property: 0 Owner 0 Developer M Contract Purchaser 2. Name of holder of legal title, if different from#1: The Estate of Elizabeth G. Bauman, deceased Teresa R. Hoffman and George P. Bauman, Old Second an trust Henry A. Bauman Sr. by-pass trust c/o Teresa R. Hoffman and George P. Bauman If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: Old Second National Bank Trust Aurora #8574 (See attached list) 3. a). (i Street address and�hysical location of subiectopiovh ty:Loca nded bridal} County Illinois i2he subject prope tYY is situated eat y a ena to t e northwest, Kennedy, LLC East and mill to the south (ii). Zoning of surrounding parcels: North: Kendall County R-3, A-1 South: Yorkville B-3 East: Kendall County A-1 special use West: Kendall County R-3, R-1 b). Legal description of property; attach as Exhibit"A". c). Total Acreage: approx. 49.36 acres Page 1 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 225/04 3. (con't): d). Kendall County Parcel Number(s) of property for which PUD is sought: 02-11-300-004. 02-11-300-009 e). Current Zoning Classification: Kendall County A-1 f). Zoning Classification Requested: Yorkville R-1, B-3 g). Is this property within City limits? Yes K No, requesting annexation 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit`S". 5. List all pvernmental entities or agencies required to receive notice under Illinois law: coo TTBR FP01 U115 Kendall County, Bristol Township, Forest Preserve School District CU-115, J51 FDBK Jr. College #516, Bristol-Kendall FPD 6. List the Illinois Business Tax Number(IBT#) for the State of Illinois and names of businesses located on subject property to be annexed: None 7. Does a flood plain exist on the subject property? No 8. Do Electors reside on the subject property? Yes (DaWa Whitney) If so,they must execute this petition to annex. (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status) 9. Contact Information: Name, address,phone number and fax number of person to whom in nines reggarding this petition may be directed: Jot F. Philipchuck (see below) Attorney: Name: John F. Philipchuck Address: 123 Water Street, Naperville, Illinois 60540 Phone Number: 630-355-5800 Fax Number: 630-355-5976 Engineer: Name: Smith Engineering Consultants, Inc. Address: 759 John Street, Yorkville, Illinois 60560 Phone Number: 630-553-7560 Fax Number: 630-553-7646 LandPlanner: Name: SEC Planning Consultants Address: 759 John Street, Yorkville, Illinois 60560 Phone Number: 630-553-1700 Fax Number: 630-553-7646 Page 2 of 5 United City of Yorkville AnnexatiogPUD,Zoning,5pecial Use Application Revised: 2125/04 I 0. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to page 4 of this application to"Petitioner Route, Step 1,Fees"and/or contact the Deputy Clerk for verification of this amount). c. Concept or Preliminary Site Plan: 40 sets folded to fit in a 10"x 13" envelope In witness whereof the following petitioner(s)have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Date: Petitioner(s) Signature: (All legal property owners signatures must appear on this application.) Subscribed and sworn to before me this day of 200 Notary Seal THIS APPLICATION MUST BE NOTARIZED. Page 3 of 5 Unitcd City of Yorkville Annexetion,PUD,Zoning,5pecial Use Application Revised: 225104 , ANNEXATION,PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST PETITIONER ROUTE Step 1: Petitioner must submit a completed application,fees* and all pertinent materials to the Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation,Illinois Department of Natural Resources,U.S. Army Corps of Engineers, etc.,to allow timely review by City. *Fees: a. Annexation or Annexation and Rezoning- $250 plus"$10 per acre for each acre over 5 acres b. Rezoning only- $200 plus $10 per acre for each acre over 5 acres c. Special Use - $250 plus $10 per acre for each acre over 5 acres d. Engineering Review Fees - 1.25%of the approved engineer's estimate of cost of all land improvements, to be determined by City Engineer. e. Planned Unit Development fee- $500 f. Engineering Review Deposit-up to 1 acre=$1,000; over 1 acre but not over 10=$2,500 over 10 acres,but not over 40=$5,000 over 40 acres,but not over 100=$10,000 over 100 acres =$20,000 g. Deposit for Outside Consultants-under 2 acres =$1,000 2 to 10 acres= $2,500 over 10 acres=$5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs,public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental,etc.). Should Owner/Developer not pay these fees directly,they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated Step 2: Plan Council: The Planning Council meets the 2nd and 4d'Thursday of the month at 9:30 a.m. in the City Administration Office. Upon recommendation by the Plan Council,you will move forward to the Plan Commission Meeting. Attendees to this meeting include: City Administrator, City Land Planner, Sanitary District Director, City Engineer,Building Department Official,Emergency Medical Rep,Public Works Director, Executive Director of Parks and Recreation,Fire Department Rep, and Police Chief. Step 3: Park Board Planning Meeting: The Park Board makes recommendations on any Park Sites included in residential developments. The Park Board Planning Meeting is the fourth Monday of each month at 7:00 p.m. at the Riverfront Building, 301 E. Hydraulic Street. Page 4 of 5 United City of Yorkville Annc=tion,PUD,Zoning,Special Use Application Revised: 225/04 Step 4: Plan Commission: The Plan Commission meets the second Wednesday of each month at 7:00 p.m. in the Council Chambers at City Hall. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor, the City Attorney and City Land Planner. A Public Hearing will be held at this time for the Annexation Agreement and/or Rezoning request or Special Use request. Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the Petitioner to adjacent property owners within 500 feet of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the City Clerk's office containing the names, addresses and permanent parcel numbers of all parties that were notified. Step 5: Economic Development Committee: The Economic Development Committee meets the third Thursday of each month at 7:00 p.m. in the City Hall Conference Room. All projects (regardless of a positive or negative EDC recommendation)proceed to the Committee of the Whole for discussion. The Economic Development Committee consists of three (plus one alternate) City Council members. Step 6: Committee of the Whole: The Committee of the Whole meets the first and third Tuesdays of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 7: City Council: The City Council meets the second and fourth Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes place. A Public Hearing will be held at this time for the Annexation Agreement and/or Planned Unit Development Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record. A certified mailing to surrounding landowners is not required for this public hearing. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records)to the Deputy Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville,Illinois 60560. Date: Signature of Petitioner Page 5 of 5 United City of Yorkville Ann=ation,PUD,Zonin&Special Use Application Revised: 2/25/D4 BENEFICIAL INTEREST HOLDERS Old Second National Bank of Aurora, As Trustee Under Trust Agreement Dated July 24, 2001 and Known As Trust Number 8574 1. Louise A. Nestor 2. Rita Penman 3. Henry A. Bauman Jr. 4. George P. Bauman 5. Joan M. Hildebrand 6. Joyce M. Fezekas 7. Diane K. Spoula 8. William M. Bauman 9. Marie L. Hopkins 10. Teressa R. Hoffman ]20466/1 EXHIBIT A LEGAL DESCRIPTION Parcel #1: That part of the Southwest Quarter of Section 11,Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Southeast comer of"Storybook Highlands,Unit No. 2, Bristol Township, Kendall County,Illinois", thence South 0 Degrees 07' 45" East, 1469.90 feet to the center line of Mill Road; thence North 80 Degrees 31' S1" West along said center line, 1,214.66 feet for a point of beginning;thence North 80 Degrees 31' S1" West along said center line, 1662.51 feet to the original center line of Kennedy Road; thence North 8 Degrees 08' 40" West along said original center line, 301.0 feet to the original center line of a road now known as Cannonball Trail; thence North 44 Degrees 46' 20" East along said original center line of cannonball Trail, 952.41 feet to the South Line of Storybook Highlands. Unit 1 extended Westerly; thence North 89 Degrees 25' 00"East along said South Line extended and said South Line of Unit 1, 1,008.94 feet to a line drawn North 0 Degrees 07' 45' West from the point of beginning; thence South 0 Degrees 07' 45" East, 1,257.87 feet to the point of beginning in Bristol Township, Kendall County, Illinois, and containing 37.4995 Acres. That part of the South West 1/4 of Section 11, Township 37 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the South East comer of"Storybook Highlands, Unit No. 2, Bristol Township, Kendall County,Illinois"; thence South 0 Degrees, 07 minutes, 45 seconds East, 1469.90 feet to the center line of Mill Road; thence North 80 Degrees, 31 minutes, 51 seconds West along said center line, 788.26 feet for a point of beginning, thence North 80 degrees, 31 minutes, 51 seconds West along said center line, 426.40 feet; thence North 0 Degrees, 07 minutes, 45 seconds West 1257.87 feet to the south line of Storybook Highlands, Unit No. 1; thence North 89 Degrees, 25 minutes, 00 seconds East along said South line and the South line of said Unit 2, a distance of 420.45 feet to a line drawn North 0 Degrees, 07 minutes, 45 seconds West from the point of beginning; thence South 0 Degrees, 07 minutes, 45 seconds East, 1332.31 feet to the point of beginning, in Bristol Township, Kendall County, Illinois, and containing 12.43 acres, more of less. PERMANENT INDEX NUMBER: 02-11-300-004 02-11-300-009 EX1.;b;tJ"t3" Parcel Number: 02-11-300-012 • Assessed To Name: MPI-2 YORKVILLE NORTH LLC • Mailing Namel: MPI-2 YORKVILLE NORTH LLC • Mailing Address: 6880 FRONTAGE ROAD SUITE 100 • Mailing City/State: BURR RIDGE, IL Parcel Number: 02-11-400-006 • Assessed To Name: CROSS EVANGELICAL LUTHERAN • Mailing Namel: CROSS EVANGELICAL LUTHERAN • Mailing Address: 8609 ROUTE 47 • Mailing City/State: YORKVILLE, IL Parcel Number: 02-11-300-003 • Assessed To Name: GUTIERREZ,NIIKI & • Mailing Namel: GUTIERREZ, MIKI & • Mailing Name2: GIBSON, JOANNE • Mailing Address: 1729 KENNEDY ROAD, EAST • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-11-301-004 • Assessed To Name: SWANSON, JUDY • Mailing Namel: SWANSON, JUDY • Mailing Address: 1729 KENNEDY ROAD, EAST • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-11-301-002 • Assessed To Name: RAMIREZ, FRANCISCO & GLORIA • Mailing Namel: RAMIREZ, FRANCISCO & GLORIA • Mailing Address: 1627 KENNEDY ROAD • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 120510/1 Parcel Number: 02-11-301-003 • Assessed To Name: JOHNSON, MARTIN E&LOU ANN F • Mailing Namel: JOHNSON, MARTIN E & LOU ANN F • Mailing Address: 1677 KENNEDY ROAD • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-11-300-007 • Assessed To Name: VAN DEVENTER,WILBUR C TRUST Mailing Namel: VAN DEVENTER, WILBUR C TRUST : • Mailing Address: 8225 GALENA ROAD Mailing City/State: BRISTOL, IL Mailing Zip Code: 60512 Parcel Number: 02-11-300-002 • Assessed To Name: WHITE, CLARENCE WILLIAM JR& • Mailing Namel: WHITE, CLARENCE WILLIAM JR& • Mailing Name2: LINDA E Mailing Address: 7977 GALENA ROAD • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-11-301-001 • Assessed To Name: JENSEN, PETER&NANCIANNE • Mailing Namel: JENSEN, PETER &NANCIANNE • Mailing Address: 7970 GALENA ROAD • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-10-400-004 • Assessed To Name: MPI-2 YORKVILLE NORTH LLC • Mailing Address: 6880 FRONTAGE ROAD SUITE 100 • Mailing City/State: BURR RIDGE, IL • Mailing Zip Code: 60527 120510/1 Parcel Number: 02-10-400-002 • Assessed To Name: WHITE, CLARENCE WILLIAM JR • Mailing Namel: WHITE, CLARENCE WILLIAM JR • Mailing Address: 7977 GALENA ROAD • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-10-400-001 • Assessed To Name: VAN DEVENTER, WILBUR C TRUST • Mailing Namel: VAN DEVENTER, WILBUR C TRUST • Mailing Name2: % VAN DEVENTER,, WILBER C Mailing Address: 8225 GALENA ROAD • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-11-152-002 • Assessed To Name: NEUPERT, THOMAS &FLORENCE Mailing Namel: NEUPERT, THOMAS &FLORENCE • Mailing Address: 7761 GALENA ROAD • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-11-152-013 • Assessed To Name: KOCHER, ALVIN Mailing Namel: KOCHER, ALVIN • Mailing Address: 7823 GALENA ROAD • Mailing City/State: BRISTOL, IL Mailing Zip Code: 60512 Parcel Number: 02-11-152-007 • Assessed To Name: REED, LUCILLE TRUST • Mailing Namel: REED, LUCILLE TRUST • Mailing Name2: • Mailing Address: 7817 GALENA ROAD • Mailing City/State: BRISTOL, H, • Mailing Zip Code: 60512 120510/ Parcel Number: 02-11-152-008 • Assessed To Name: LANKERS BETTY REVOC LV TR Mailing Namel: LANKERS BETTY REVOC LV TR • Mailing Address: 7801 GALENA ROAD Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-11-152-009 Assessed To Name: NEUPERT,THOMAS &FLORENCE • Mailing Namel:NEUPERT, THOMAS &FLORENCE Mailing Address: 7761 GALENA ROAD • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-11-152-010 • Assessed To Name: JOHNSON,KELVIN E & • Mailing Namel: JOHNSON, KELVIN E & • Mailing Name2: THEINER, PATRICIA A • Mailing Address: 7723 GALENA ROAD • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-11-178-001 Assessed To Name: CHIVARI, CATHERINE ETAL • Mailing Namel: CHIVARI, CATHERINE ETAL • Mailing Address: 7760 GALENA ROAD • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-11-178-002 • Assessed To Name: DURHAM, ROBERT &LINDA B • Mailing Namel: DURHAM, ROBERT & LINDA B • Mailing Address: 7764 GALENA ROAD • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 120510/1 Parcel Number: 02-11-178-003 • Assessed To Name: NOVAK, ELMER J III &MONICA • Mailing Namel: NOVAK, ELMER J III &MONICA • Mailing Address: 6 HIGHLAND DRIVE, WEST • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-11-178-010 • Assessed To Name: LINDENEMYER, CARL W & INEZ • Mailing Namel: LINDENEMYER, CARL W &INEZ • Mailing Address: 12 HIGHLAND DRIVE, WEST • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-11-178-011 • Assessed To Name: DURHAM, LINDA • Mailing Namel: DURHAM, LINDA • Mailing Address: 7764 GALENA ROAD • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-11-178-005 • Assessed To Name: MELODY, MICHAEL A &MARGARET A • Mailing Namel: MELODY,MICHAEL A &MARGARET A • Mailing Address: 18 HIGHLAND DRIVE, WEST • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-11-178-006 • Assessed To Name: KUNKEL, DAVID E & • Mailing Namel: KUNKEL, DAVID E & • Mailing Name2: KRULL, CAROLYN A • Mailing Address: 26 HIGHLAND DRIVE, WEST • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 120510/1 Parcel Number: 02-11-178-007 • Assessed To Name: CROZIER TRUST • Mailing Namel: CROZIER TRUST Mailing Name2: % CROZIER, JAMES W &ELAINE M Mailing Address: 32 HIGHLAND DRIVE, WEST • Mailing City/State: BRISTOL, IL Mailing Zip Code: 60512 Parcel Number: 02-11-178-008 • Assessed To Name: BROWN,PAUL R&RENA M Mailing Namel: BROWN, PAUL R&RENA M Mailing Address: 40 HIGHLAND DRIVE Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-11-178-009 • Assessed To Name: KOVACS, ISTVAN & ILONA • Mailing Namel: KOVACS, ISTVAN &MONA • Mailing Address: 48 HIGHLAND DRIVE • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-11-177-001 • Assessed To Name: PODSCHWEIT, SYLVIA • Mailing Namel: PODSCHWEIT, SYLVIA • Mailing Address: 9 HIGHLAND DRIVE, WEST • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-11-177-002 • Assessed To Name: HERNANDEZ, WILDES C & • Mailing Namel: HERNANDEZ, WILDES C & • Mailing Name2: ANTONIO C • Mailing Address: 7662 GALENA ROAD • Mailing City/State: BRISTOL, IL • MaiIing Zip Code: 60512 120510/1 Parcel Number: 02-11-177-003 • Assessed To Name: HILL, DEVON &RIVERA-HILL,MARY • Mailing Namel: HILL, DEVON &RIVERA-HILL,MARY • Mailing Address: 7654 GALENA ROAD • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-11-177-009 • Assessed To Name: ALLEN, JEFFREY B &MICHELE L • Mailing Namel: ALLEN, JEFFREY B &MICHELE L • Mailing Address: 27 HIGHLAND DRIVE, WEST • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-11-177-010 • Assessed To Name: DUBOVI, PATRICIA M • Mailing Namel: DUBOVI, PATRICIA M • Mailing Address: 41 HIGHLAND DRIVE, WEST • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-11-177-014 • Assessed To Name: MORALES, SUSAN K • Mailing Namel: MORALES, SUSAN K Mailing Address: 9 BASSWOOD COURT • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-11-177-013 • Assessed To Name: HAYNES, CHAROLETTE L • Mailing Namel: HAYNES, CHAROLETTE L • Mailing Address: 17 BASSWOOD COURT • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 12051011 Parcel Number: 02-11-177-012 • Assessed To Name: RETTERER, DANIEL J &DEBORAH M • Mailing Namel: RETTERER, DANIEL J &DEBORAH M • Mailing Address: 21 BASSWOOD COURT • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-11-152-011 • Assessed To Name: MONTES, LORENA • Mailing Namel: MONTES, LORENA • Mailing Address: 7719 GALENA ROAD • Mailing City/State: BRISTOL, IL Mailing Zip Code: 60512 Parcel Number: 02-11-152-012 • Assessed To Name: BRINKER, MAXIIdE M LIV TRUST • Mailing Namel: BRINKER,MAXINE M LIV TRUST • Mailing Address: 7 WILLOW LANE • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-11-252-001 Assessed To Name: SKEEN, RAYMOND &PATRICIA • Mailing Namel: SKEEN, RAYMOND &PATRICIA • Mailing Address: 56 HIGHLAND DRIVE • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-11-252-002 • Assessed To Name: CSORDAS FAMILY TRUST • Mailing Namel: CSORDAS FAMILY TRUST • Mailing Address: 62 HIGHLAND DRIVE, WEST • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 120510/1 Parcel Number: 02-11-252-003 • Assessed To Name: HEBERT, LORETTA A • Mailing Namel: HEBERT, LORETTA A • Mailing Address: 68 HIGHLAND DRIVE, WEST • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-11-251-005 • Assessed To Name: WIDMONT, MICHAEL A • Mailing Namel: WIDMONT, MICHAEL A • Mailing Address: 14 BASSWOOD COURT • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-11-251-006 • Assessed To Name: FRANKLIN, MICHAEL & JOAN • Mailing Namel: FRANKLIN, MICHAEL &JOAN • Mailing Address: 6 BASSWOOD COURT • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-11-251-013 • Assessed To Name: OLSON, ROBT A &DEBORAH A • Mailing Namel: OLSON,ROBT A &DEBORAH A • Mailing Address: 60 HIGHLAND DRIVE, EAST • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-11-251-012 • Assessed To Name: BAISH, MICHAEL &JEANETTE • Mailing Namel: BAISH, MICHAEL&JEANETTE • Mailing Address: 54 HIGHLAND DRIVE, EAST • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 120510/1 Parcel Number: 02-11-253-006 • Assessed To Name: VON HOLTEN, PAUL R &KATHERINE • Mailing Namel: VON HOLTEN, PAUL R &KATHERINE • Mailing Address: 75 HIGHLAND DRIVE, EAST • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 Parcel Number: 02-11-253-005 • Assessed To Name: STATHIS, CAROL A • Mailing Namel: STATHIS, CAROL A • Mailing Address: 69 HIGHLAND DRIVE, EAST • Mailing City/State: BRISTOL, IL • Mailing Zip Code: 60512 12051011 Draft: 03/02/06 ANNEXATION AGREEMENT (NEW LIFE CHURCH) THIS ANNEXATION AGREEMENT ("Agreement"), is made and entered into as of this day of 2006, by and between OLD SECOND NATIONAL BANK OF AURORA, AS TRUSTEE UNDER A TRUST AGREEMENT DATED JULY 249 2001 AND KNOWN AS TRUST NUMBER 8574, THE ESTATE OF ELIZABETH G.BAUMAN, DECEASED; TERESA R. ROFFMAN AND GEORGE P. BAUMAN, INDEPENDENT EXECUTORS, AND HENRY A. BAUMAN SR. BYPASS TRUST C/O TERESA R. HOFFMAN AND GEORGE P. BAUMAN, owners of approximately 49.38 acres of property located east of Kennedy Road, north of Mill Road, and southeast of Galena Road in Kendall County, Illinois. Permanent Index Numbers 02-11-300-004 and 02-11-300-009 (hereinafter collectively referred to as "OWNERS"), and THE NEW LIFE CHURCH OF YORKVILLE, an Illinois Not For Profit Corporation (hereinafter referred to as "DEVELOPER"), and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY") by and through its Mayor and Aldermen ("Corporate Authorities"). OWNERS and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties". 120461/1 ] RECITALS: A. OWNERS are the owners of record of certain parcels of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit "A" (hereinafter referred to as"SUBJECT PROPERTY"). B. OWNERS and DEVELOPER desire to annex the SUBJECT PROPERTY to the CITY for the purposes of developing a church facility along with other business uses. C. OWNERS and DEVELOPER desire to proceed with the development of a church facility along with various other commercial and office uses in accordance with the terms and provisions of this Agreement. D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be zoned under the R-1 One-Family Residence District and B-3 Service Business District provisions of the City Zoning Ordinance ("Zoning Ordinance") as depicted on the Legal Descriptions of Zoning Parcels attached hereto and incorporated herein as Exhibit `B", for a church facility and commercial areas with the B-3 Service Business District uses identified in Exhibit"B". E. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning and conceptual site plan on and . The Plan Commission concluded their deliberations on this case at their meeting. City Council conducted the public hearing on the annexation agreement on F. The CITY and OWNERS and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. 120461/1 2 G. The Corporate Authorities, after due and careful consideration, have concluded that the Execution of this Annexation Agreement subject to the terms and provisions of this Agreement, and the zoning, subdivision and development of the SUBJECT PROPERTY as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. H. (i) Each party agrees that it is in the best interests of the OWNERS, DEVELOPER and the CITY to annex and develop the SUBJECT PROPERTY described in the Attached Exhibit"A' as an R-1 One Family Residence District and B-3 Service Business District allowing for a church facility as well as a mix of commercial uses in conformance with the United City of Yorkville Comprehensive Plan. (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the OWNERS and DEVELOPER to provide for specific performance standards in the development of the SUBJECT PROPERTY. (iii) Each party agrees that it is in the best interest of the OWNERS, DEVELOPER and the CITY that the SUBJECT PROPERTY be developed in an orderly and efficient fashion. (iv) Each party agrees that a substantial impact will be placed on the services of the United City of Yorkville and other governmental agencies by development of said real property. (v) The SUBJECT PROPERTY is contiguous to the corporate boundaries of the CITY. 120461/1 3 I. It is the desire of the CITY, the OWNERS, and DEVELOPER that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. J. The OWNERS and DEVELOPER and their representatives have discussed the proposed annexation and have had public hearings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement. The Parties hereto further agree to supplement this Agreement with the Petition for Zoning and Annexation, and drawings submitted therewith to be approved by the City Council upon the following terms and conditions and in consideration of the various agreements made between the parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and zone the SUBJECT PROPERTY under the R-1 One- Family Residence District, and B-3 Service Business District under provisions of the Zoning Ordinance. The zoning map of the CITY shall thereupon be modified to reflect the classifications of the SUBJECT PROPERTY as aforesaid. 120461/1 4 OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY, unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement 3. MODIFICATIONS OF LOCAL CODES. The specific modifications and deviations from the CITY'S ordinances, rules, and codes contained herein have been requested, approved and are permitted with respect to the development, construction, and use of the Subject Property("Permitted Modifications"). (A) OWNERS and DEVELOPER shall be granted approval by the CITY to utilize a maximum of six (6) feet of bounce in each retention area located upon the Subject Property. OWNERS and DEVELOPER shall also be permitted to utilize a four to one (4/1) side slope ratio with no buffer requirement in each retention area located upon the Subject Property (B) OWNERS and DEVELOPER shall be allowed to construct a school facility upon the portion of the Subject Property zoned in the R-1 District. The school facility built upon the Subject Property shall be allowed to be built to a maximum height of fifty-five(55) feet. (C) OWNERS and DEVELOPER shall be allowed to construct a church facility upon the portion of the Subject Property zoned in the R-1 District. The church facility shall be allowed a maximum building height of fifty-five feet (55), and a church steeple maximum height of one-hundred and ten(110) feet shall also be permitted. (D) OWNERS and DEVELOPER shall be allowed to construct,maintain, and operate an outdoor recreation facility located within the R-1 area of the Subject Property. Such outdoor recreation facility may include paved surfaces and equipment necessary for skate boarding, inline skating or for any other outdoor recreational activities which the OWNERS and DEVELOPER may wish to engage in upon the Subject Property. Such outdoor recreation facility shall be constructed, operated, and maintained by OWNER'S and DEVELOPER and will comply with CITY building and safety codes. 120461/1 5 (E) CITY agrees that all signs which are permitted under Chapter 12 of the CITY Zoning Ordinance for Business Districts shall be permitted within the area of the Subject Property which are zoned R-1. OWNERS and DEVELOPERS shall be allowed illuminated permanent signs up to one hundred (100) square feet in area advertising the church and school facility within the R-1 zoned area of the Subject Property. Furthermore OWNERS and DEVELOPERS shall be allowed to construct permanent stone entry monuments upon the Subject Property. Such Monuments shall be permitted at entry points located on Mill Road, Kennedy Road and Galena Road (F) The following interim uses set forth below shall be allowed anywhere within the Subject Property during the term of this Agreement, (i) As of the date of this Agreement there is an occupied residential detached housing unit located on the southeast comer of the Subject Property which is in the area proposed to be zoned B-3. OWNERS and DEVELOPER wish to continue to rent the aforementioned residence to their tenants. For this reason the CITY agrees to allow the continued use of such residential unit for residential purposes until development of this portion of the Subject Property is commenced. (ii) The Subject Property is currently utilized for fanning purposes. The CITY agrees to allow the OWNERS and DEVELOPER, or their farm tenant to continue all types of crop farming upon the Subject Property until development of the Subject Property is commenced. 4. UTILITIES. EASEMENTS AND PUBLIC IMPROVEMENTS. OWNERS and DEVELOPER agree that any extension and/or construction of utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as modified by this Agreement. Any on-site work and the cost thereof shall be the responsibility of OWNERS and DEVELOPER except as otherwise provided in this Agreement. 5. SECURITY INSTRUMENTS. 120461/1 6 A. Posting Security. OWNERS and DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds ("Security Instruments') to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The DEVELOPER shall have the sole discretion, subject to compliance with Illinois Compiled Statutes, as to whether an irrevocable letter of credit or surety bond will be used as the Security Instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five percent (85%) of the value certified by the City Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. Perimeter roadways and onsite improvements may be dedicated, constructed, and/or bonded as independent Phases of Development at the sole discretion of the DEVELOPER. B. Acceptance of Underground Improvements and Streets. The CITY, once it has had the opportunity to inspect and fully confirm that the public improvements required to be constructed under this Agreement comply with CITY approved plans, specifications, and ordinances, shall approve all such public improvements, all in accordance with Section 21 of this agreement , and shall accept their dedication subject to the OWNERS'S and DEVELOPER'S warranty, as described herein, and shall thereafter operate, maintain, repair, and replace all such public improvements located therein. OWNERS and DEVELOPER warrant that all public improvements required to be constructed by them hereunder shall be free from defects in workmanship or material for a period of one (1) year after acceptance thereof by the CITY. Upon notice from CITY, OWNERS and 120461/1 7 DEVELOPER shall promptly commence to remedy any defects covered by the foregoing warranties, and in addition thereto, in the event that the OWNER'S and DEVELOPER'S construction of any Phase of the development of the SUBJECT PROPERTY is determined to have damaged any public improvements previously installed by OWNERS and DEVELOPER within the SUBJECT PROPERTY, then, upon notice thereof from the CITY, OWNERS and DEVELOPER shall promptly commence to repair or replace any and all public improvements so damaged. C. Reduction of Surety Within thirty (30) calendar days after (a) receipt of notice from the OWNERS and DEVELOPER that certain of the public improvements and facilities within a phase of the SUBJECT PROPERTY under development have been completed, and (b) delivery to the City of all required documentation (including without limitation material certifications), the City Engineer shall inspect said improvements and indicate, in writing, either his approval or disapproval of the same. If such improvements are not approved, the reasons therefore shall, within said thirty (30) calendar day period, be set forth in a written notice to the OWNERS and DEVELOPER. Upon the OWNER'S and DEVELOPERS correction of the original punch list items set forth in said notice, the City Engineer, at the OWNER'S and DEVELOPER'S request, shall re-inspect the improvements to be corrected and either approve or disapprove said improvements, in writing within thirty (30) working days of receipt of the OWNERS and DEVELOPER'S notice requesting said re-inspection. As public improvements are partially completed and paid for by the OWNERS and DEVELOPER and accepted by the CITY the Security Instruments deposited by the OWNERS and DEVELOPER with the CITY, if requested by the OWNERS and DEVELOPER, may be proportionately reduced or released on an individual improvement-by-improvement basis. Notwithstanding anything herein to the contrary, the CITY shall have no obligation to reduce or release the last ten (10%) 12046!/1 8 of any Security Instrument provided hereunder until all warranty obligations of OWNERS and DEVELOPER secured thereby have lapsed. D. Construction of Offsite and Onsite Improvements OWNERS shall be allowed to construct the required off site and onsite improvements simultaneously with the issuance of building permits for individual lots and/or buildings, but it is understood that building permits may not be issued unless OWNERS and DEVELOPER have provided adequate road access (i.e. gravel course or paved roads) to the lots for emergency vehicles and has provided sufficient water supplies for fire fighting purposes. All other offsite and onsite improvements (except final lift of bituminous asphalt surface on roads if weather, labor strikes, plant closings or any other condition or circumstance beyond OWNERS and DEVELOPER'S control prevents installation of such improvements), serving any said lot or building shall be installed by OWNER and DEVELOPER and approved by the CITY, however, before an occupancy permit is issued for said lot or building, the balance of the required onsite subdivision improvements not required to serve said lot or building may be constructed in phases after issuance of the aforesaid occupancy permit, as the development on each phase progresses. E. Conveyance to CITY All completed public improvements constructed on, or in connection with the development of the SUBJECT PROPERTY or any Parcel or Phase thereof following their inspection and approval by the CITY shall be conveyed by a bill of sale to, and accepted by, the CITY on an improvement by improvement basis within thirty (30) days or within forty-five (45) days if on a committee agenda, of receipt of written request for acceptance submitted to the CITY by the OWNER and DEVELOPER, or scheduled for consideration and acceptance within forty-five (45) days. The CITY'S acceptance of any conveyance of a public improvement shall not be unreasonably withheld or delayed and shall be on a Phase or Unit by Unit basis (i.e. acceptance of public 120461/1 9 improvements in a particular Phase or Unit of development of the SUBJECT PROPERTY shall not be contingent upon acceptance of public improvements in another Phase or Unit of development, provided the public improvements being accepted can function and perform their intended purpose independent of the public improvements in another Phase or Unit of development, or if dependent on the public improvements in another Phase or Unit of development, the public improvements in such other Phase or Unit of development have been accepted by the CITY). F. Utility Permits The CITY shall issue permits to OWNER and DEVELOPER to authorize the commencement of construction of utility improvements on the SUBJECT PROPERTY or any Parcel or Phase thereof prior to: (i) approval of a final plat of subdivision; (ii) prior to construction of the CITY utility improvements provided: (1) such construction is undertaken at the risk of a party seeking to undertake such work; (2) approved engineering plans for such improvements have been approved by the CITY that are sufficient in detail for the CITY to determine the nature and scope of the improvements being constructed: (3) the preliminary subdivision plat for the Phase upon which the improvements are being constructed has been approved by the CITY; and (4)the IEPA and the Fox Metro Water Reclamation District, as applicable, have issued permits for the construction of sanitary sewer and water lines for the Phase or Unit on which the improvements are being constructed. The CITY agrees to process IEPA sewer and water permit applications separate and apart from the review of final engineering plans so that the IEPA will be in a position to issue such permits prior to CITY approval of final engineering plans. OWNER and DEVELOPER shall indemnify the CITY against any claims, actions or losses the CITY may suffer, sustain or incur because other governmental agency takes action against the CITY after OWNER and DEVELOPER undertakes development activities pursuant to the provisions of this Subsection 5. 120461/1 10 6. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS. Upon completion of other public improvements not constructed specific to any individual neighborhood (i.e. park areas, offsite utilities, property owners association open space areas) in each Phase or Unit of Development; and approval by the City Council upon recommendation by the City Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable SECURITY INSTRUMENT, subject to a maintenance SECURITY INSTRUMENT remaining in place for a one year period from the date of approval by the CITY. 7. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, comprehensive land use plan, and related restrictions, as they presently exist, except as amended, vaned, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of eight (8) years from the date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said eight (8) year period. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the ordinances, regulations, and codes of the CITY in order to comply with the new regulations. After said eight (8) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said eight (8) year period. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the SUBJECT PROPERTY pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the SUBJECT PROPERTY and be complied with by DEVELOPER, provided, however, that any so called "grandfather"provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the SUBJECT PROPERTY shall be given full force and effect. 120461/1 11 8. BUILDING CODE. The building codes for the CITY in effect as of the date of this Agreement will govern the development of the Subject Property. These regulations as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of five (5) years from the date of issuance of the building permit. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five (5) year period. After said five (5) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five(5) year period. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the development and/or construction of any improvements, buildings, appurtenances upon the SUBJECT PROPERTY are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. Notwithstanding the provisions of this Agreement, all national amendments, deletions, or additions to the building codes of the CITY pertaining to life/safety considerations adopted after the date of this Agreement which affects all land within the CITY, shall be applicable to the SUBJECT PROPERTY upon the expiration of the twelfth (12`h) month following the effective date of such amendments, deletion, or addition,whether during the five (5) years next following the date of this Agreement, or any time thereafter. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the building codes in order to comply with the new regulations. 9. FEES AND CHARGES. During the first five (5) years following the date of issuance of the first building permit, the CITY shall impose upon and collect from the OWNERS 120461/1 12 and/or DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY, except as otherwise expressly provided for in this agreement. At the expiration of this five year term,the CITY shall give the OWNERS and DEVELOPER a one (1) year grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations. 10. CONTRIBUTIONS. The City shall not require the OWNERS and DEVELOPER to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 11. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be entitled to construct, maintain and utilize development identification, marketing and location signs on Mill Road, Kennedy Road, and Galena Road, and at such other locations within the corporate limits of the CITY as OWNERS and DEVELOPER may designate subject to sign permit review and issuance by the CITY. Development identification, marketing, and location signs located on Mill Road, Kennedy Road, and Galena Road shall be allowed to have a maximum surface area of one-hundred and eight square feet (180), and shall be fifteen (15) feet high, and twelve (12) feet wide. Any Offsite Signs will not be located on public right- of-ways. OWNERS and DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite Sign may be illuminated subject to approval by the CITY. 12. CONSTRUCTION TRAILERS . OWNERS and DEVELOPER may locate temporary construction trailers upon the SUBJECT PROPERTY during the development and build out of said property, provided any 120461/1 13 such trailer shall be removed within two (2) weeks following issuance of the final occupancy permit for the SUBJECT PROPERTY. A permit will be required by the CITY for any trailer that will be utilized as office space. 13. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the SUBJECT PROPERTY as required and approved by OWNERS and DEVELOPER for development purposes. Said trailers may remain upon the SUBJECT PROPERTY until the issuance of the last final occupancy permit for the SUBJECT PROPERTY. A permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way. 14. OVERSIZING OF IMPROVEMENTS. A. Reimbursement by the CITY. In the event the CITY requests the DEVELOPER to construct a CITY improvement beyond that needed for the proposed development or other public improvement, including oversizing and or deepening of such improvements, which will serve property other than the SUBJECT PROPERTY, and benefit the CITY as a whole, then the CITY agrees to adopt recapture ordinances to reimburse the DEVELOPER for such expenses including engineering, construction, and other costs which may reasonably be expected to be incurred by the DEVELOPER. 15. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes (2002) ed., shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public purposes, except as otherwise provided in this Agreement. 12046111 14 16. RELOCATION OF MILL ROAD. The CITY agrees to use their best efforts to relocate Mill Road to accommodate the development of the Subject Property. It is understood by the Parties that the CITY shall be responsible for all costs associated with the relocation of Mill Road. Furthermore the CITY agrees to pay all costs associated with removing the vacated Mill Rd. from the Subject Property, including asphalt removal, dumping fees, and grading, as well as any existing utilities located within the existing Mill Road right of way. 17. ONSITE EASEMENTS AND IMPROVEMENTS. Upon relocation of Mill Road the CITY shall at it's sole cost relocate the existing Nicor gas line currently located along the southern property line within the Subject Property. Upon the CITY'S relocation of said Nicor gas line the CITY shall then obtain a release of the thirty (30) foot easement where said Nicor gas line is currently located. If any easement granted to the CITY as a part of the development of the SUBJECT PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the SUBJECT PROPERTY, the CITY shall fully cooperate with OWNERS and DEVELOPER in vacating and relocating such easement and utility facilities located therein. 18. DISCONNECTION. OWNERS and DEVELOPER shall develop the Subject Property in accordance with the terms of this agreement, and shall not, as either the OWNERS or DEVELOPER of said property,petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 19. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 20. TRANSFER DEVELOPER may assign this Agreement without CITY approval,but only in connection with its conveyance of all or any part of the SUBJECT PROPERTY, and upon said assignment and acceptance by an assignee,the DEVELOPER shall 120461/1 15 have no further obligations hereunder as to the that portion of the SUBJECT PROPERTY so conveyed,but shall continue to be bound by this Agreement and shall retain the obligations created thereby with respect to any portion of the SUBJECT PROPERTY retained and not conveyed. If DEVELOPER or its successors sell a portion of the SUBJECT PROPERTY, the seller shall be deemed to have assigned to the purchaser any and all rights and obligations it may have under this Agreement(excluding rights of recapture)which affect the portion of the SUBJECT PROPERTY sold or conveyed and thereafter the seller shall have no further obligations under this Agreement as it relates to the portion of the SUBJECT PROPERTY so conveyed,but any such seller shall retain any rights and obligations it may have under this Agreement with respect to any part of the SUBJECT PROPERTY retained and not conveyed by such seller. Notwithstanding any such assignment of this Agreement or any such sale or conveyance,unless the successor to or assignee of the DEVELOPER of all or a portion of the SUBJECT PROPERTY shall have deposited and substituted its letter of credit as security for the construction,repair and maintenance of roadway or other public improvements with the CITY, the DEVELOPER or other seller though otherwise released from all obligations hereunder, shall keep its letter of credit on deposit with the CITY until such time as the DEVELOPER or the successor to or assignee of the DEVELOPER has provided a substitute letter of credit. 21. GENERAL PROVISIONS A. Enforcement This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, 120461/1 16 shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the CITY. C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: (I) If to OWNERS Andrew G. White,Esq. Dickson&Hasenbalg 2000 W. Galena Blvd. Suite 305 Aurora, IL. 60506 Fax: (630) 553-2134 (1I) If to New Life Church of Yorkville Pastor Rick Thiemke DEVELOPER: 3205 Cannonball Trail Yorkville,IL. 60560 Fax: (630)553-7338 with copies to: John Philipchuck Dommermuth,Brestal, Cobine&West Ltd 123 Water St. Naperville, IL 60566 120461/1 17 Fax: (630) 355-5976 (III) If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, I160560 Fax: (630) 553-7575 with a copy to: John Wyeth Esq. 800 Game Farm Rd. Yorkville,1160560 Fax: (630) 553-7575 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability This Agreement is entered into pursuant to the provisions of the Agreements With Owners of Record Act of the Illinois Municipal Code (65 ILCS 5/11-15.1-1, et seq.) In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause,word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT PROPERTY. F. Agreement This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes This Agreement may be amended by the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the SUBJECT PROPERTY not effected by such Agreement. 120461/1 18 G. Conveyances Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the SUBJECT PROPERTY, whether improved or unimproved. H. Necessary Ordinances and Resolutions The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or assigns, to develop the SUBJECT PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording This Agreement shall be recorded in the Office of the Recorder of Deeds,Kendall County, Illinois, at OWNERS and DEVELOPER'S expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. 120461/1 19 M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any approved phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the Subject Property. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, Foz Metro Water Reclamation District, or any other governmental agency that preempts the authority of the United City of Yorkville. O. Time is of the Essence Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. P. Exculpation It is agreed that the CITY is not liable or responsible for any restrictions on the CITY'S obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, the CITY, the DEVELOPER and OWNERS, including,but not limited to, county, state or federal regulatory bodies. Q. Liability of OWNERS. It is expressly understood and agreed by and among the parties hereto that all responsibility of The Old Second National Bank of Aurora Trust No. 8574, The Estate of Elizabeth Bauman, and The Henry A. Bauman Sr. Bypass Trust shall be extinguished simultaneously with the transfer of title to the real estate from the OWNERS to the Purchaser, New Life Church of Yorkville, An Illinois Not For Profit Corporation, as DEVELOPER hereunder. Thereafter, the 120461/1 20 DEVELOPER assumes all of the responsibilities and obligations of the OWNERS under this Agreement. It being understood and agreed, however, that OWNERS shall also have no obligation to perform the obligations of the DEVELOPER, unless said OWNERS agree in writing to assume said obligations. 120461/1 21 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. CITY: DEVELOPER: UNITED CITY OF YORKVILLE, NEW LIFE CHURCH OF YORKVILLE, an Illinois municipal corporation an Illinois not for profit corporation By: By: Title: Mayor President Attest: Attest: Title: City Clerk Secretary Dated: Dated: 120461/1 22 OWNER: OLD SECOND NATIONAL BANK OF AURORA, AS TRUSTEE UNDER A CERTAIN TRUST AGREEMENT DATED JULY 24, 2001 KNOWN AS TRUST NUMBER 8574 By: Its: Attest: Its: 120461/1 23 OWNER: THE ESTATE OF ELIZABETH G. BAUMAN, DECEASED; THERESA R. HOFFMAN AND GEORGE P. BAUMAN, INDEPENDENT EXECUTORS By: Its: Attest: Its: 120461/1 24 OWNER: HENRY A BAUMAN SR. BY-PASS TRUST C/O TERESA R. HOFFMANN AND GEORGE P. BAUMAN By: Its: Attest: Its: 120461/1 25 EXHIBIT "A" COUP HLE:xol Os6z>.I-a.ran-s""A." A—w—apo NEW SMITH SMITH ENGNA N CO NSULTAN TS, INC. ""'�""�URL,E"`L�M""""°SURVEYORS PLAT OF ANNEXATION , inw TO THE AERS 1111x013 Pp IFESSEONAL DESIGN FIRM E Lea-OODLOe F UNITED CITY OF YORKVILLE STATE OF/LLINCIS , G COUNTY OF KENDALL) PART OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 37 NORTH, RANGE 7 EAST OF This instrument No.___— was lure Tor—it in the THE THIRD PRINCIPAL MERIDIAN, BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS recorder's office or Kendall County aforesaid on 'he N.OB day of—_ 20-- at O'clock_ m n book—_ Of Plats Of page HI_�`�''�'���5 STORYB�i 2 42046 N6B'12]0'E ST00�T 1 94B95' 16872b0'E - - Kentlall County Recorder OMER's CRE62TE _ 0v 6L - _ STATE OF ILLINOIS )SS COUNTY OF__—_—) S10"e5 6� TNIS IS TO CERTIFY THAT 1/WE___—_____— ---------- O S N y1ry} AM/ARE ME OWNERS)OF ME LAND DESCRIBED IN THE AT SURVEYOR'S CERNFICATL AND MAT 1/M£HAVE CAUSED ME SAME TO BE PLATTED AS SHOWN BY THE ANNEXED PLAT FDA M£USES AND PURPOSES NEREID SET FORM AS ALLOWED AND PRONDED BY STATUTE, AND I/Nf HEREBY ACKNOKEOGE AND ADOPT TIE SAME UNDER THE STYLE AND PTE AFORESAID ry M1� "5U DATED THIS DAY OF—______—------- __— 10_. �P (OWNER) 0 p o NOTARY LERTFICAiE as OIt STATE OF ILLINOIS )S COUNTY OF—_ ___— -- Y NOTARY PUBLIC IN AND FOR THE SU IE AND COUNTY AFORESAID, DO HEREBY LER IIFY THAI u ° PERSONALLY KNOWN TO Q ME TO SE THE SAME PERSONS WHOSE NAMES AR£SUBSCRIBED TO TIE FOREGOING CERTIFICATE, APPEARED BEFORE M£ THIS DAY IN PERSON 0 AND ACKNDIMEGED ME EXECUTION OF THE ANNEXED PLAT AND ACCOMPANYING u INSTRUMENTS FOR THE USES AND PURPOSES THEREIN SET FORTH AS HIS OR if THEIR FREE AND VOLUNTARY ACT. 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East Zone IONNSMP,KENDALL COUNTY./LLINgS / / • Tbis map wo created for u asst Pint purposes Annees with. t consent Is not CORPORATE LIMITS use / 10 be used for any construction ne slaking to pas without e t 4om agent of of of Engineering assumptions Inc hIs IS o proper NOT us o P of.Sian c N assumptions m agreements nt to DRAWN By. DALE: PflDAECT ND. ersblp, use, d ar,-u ma can veabe..loc tram this doh..n an NTD !I 9/05 0502]30NO. �xNo underground ild be ssums hove been located unions snown tl HLE DE9GNED By: HORR. SCALE: SHEET ND. CRAIG L DUX ILLINOIS PR°FC59LNSAL'AID SLAWAOR • No tllmlop is send w b¢ o tl bey scaling, r ULENSE NO.OJS-001359 signature aNlxed.d without original embossed o .ea mlorea srm antl CWECCID BY: VERT. SCALE:CID EXHIBIT "B° AM SMITH ENGINEERING CONSULTANTS, INC. - lay.me as0nJ-za,L.9.e.9 CIVB./SCRUCfUM INLINEEMs AND SURV6TDRS "OI ME Donna NRANimv °��� ZONING EXHIBIT w2mh9EYWN at.�...uwrom .AT...T-w. w�wm N.1mKL •vbwmuK I111N018 PROP63SIONAL DESIGN FIRM I IN-000108 PART OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS EXISTAG ZOWA GAL ��.�r�5 wog_r 2,X nl°s I ITY R-3 SiP'ArB FZ�."-- 1]69.11' NBBYH'J0"E vQ qP yA\,'���M1ib F 0D9DyNF`® 5959'O6T Zan, Ea EXISTING ZONING, KEAVALL COUNTY R-3 d. eN' P PROPOSED ZCNAVG B-J ZO'M/C AREA P NAi.1 LY wif SWMNESI W We Y aC1NW 11.AOXN�RP J)NORM,RANDC) _\ 1fiq o YQRKVLLE R-1 EAST R,RK nMPO PR/NOPAL YLMdAH aESOb9C0 AS EaIONY DE6N S At RAE WW De,Lf SIE analelM'OF Nol RWA AND RC Wniew,ELARMNE CY nv. 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A TOTAL R-1 ZONING AREA = 23.12 ACt j B TOTAL B-3 ZONING AREA = 26.24 AC.* SuW or IILKIS ) -P COUNTY DE KWDAIL) WAIC L Day.0S PR..LANG aW.YAP M/YBd JISA OO HEREBY CERRAY MAI RAE.1 M ANNC.Allel OF MC PIWYY NLION aW NN WAS coadWIED UNDER NY MRCCaW.PNEMWaY CowLEWD samul.AND A, ZONING EXHIBIT Ps plays AND OMEN WCUREN'S o Related. - B PART R TN£I EAST T p1ARhF 41'SCCBOV M rLAAL KE Jl NDTES: NORM,RANLF 1 EAST LP"EM U1 O COUNTY,X L MERIMAN,KENDAL[ • This of bwas a created for stole Alone Coordinate Syelem, East Zane IONNaIIP.NENOA"COUN>Y IX11NM5 oA RD AT VISAAAIC RENdut avxM Uawol NANW 6,zoos be used for was eiructionuor stWNZONinq Exs wit Thia map le not to ooY c 9 Pants.Inc.without consent from prayer agent of Plot f Engineering Consultants.I This i NOT a Pot s scion c. No a Rumptldf m this docum os l0 vunip, use, M possession can ,e been located IM1U document.n RExaWS DRANK BY: DAM: PROJECT N0. •No underground pbevessum M1a y been Iocote0 unless Shown ontl notes. 1. N10 OJZ 0SCAL 05W7102-04 ET NO. GRYO L RO •No distance Is yold w be assumed by scaling. 2. OESIGNFA BY: XORIZ,too, SHEET NO. NBNMS PRaESaWNAL LAND Alm.me N0.Jug • This r. 19 volE wpM1OYt original C1nbOSSeLI ar red cOl.aetl aG01 and J - 1"-100" u¢Na[KPmltl(W n/M/2aM signelme elhed. +. CHECKED BY: VERY,SCALE: - S CLD Land Use Summary Land Use Acreage R-1: Residential Special Use 23.05 ac. -New Life Church Site 3.50 so. - , -Retention 3.97 ac. -Parking 15.58 ac. B-3: Commercial 24.29 ac. O -Commercial Use 20.45 ac. -Retention 3.84 ac. .r External R.O.W. 2.02 ac. Total Gross Acres 49.36 ac. - RETENTION RETENTION "r ARCHITECTURAL ? 2.22 AC. 175 'AC. FOCAL POINT _ PARKING Il PARKING t- �ETENTION �J 15.25 AC. GROSS 153, AC,, r—GHURCH 13.93 AC. NET a I— SITE 3.50 A u I . a T CROSS .; GO.MMERCIAL PARKING LUTHERAN- .. 2:12 AC. GROSS, 1.32 AC. NET r-' ' - ar CHURCH ' COMMERCIAL Z ! 7.93 Ac. GROSS - COMMERCIAL; i 6.18 AC. NET • t 1.62 AC. GROSS _ .f ; _ _ COMMERCIAL m L 1 1.54 AC. NET µ i tt .i 8.79 AC. GROSS i RETENTION 7.66 AC. NET " - ' _ - 2.31 A C I A � � I D . . S � BJECT ° o ® C F� P NG --- .�. CIS TI ►VII ,# *°w r t M��.�- p � oA ,® T. its mycraexnr� +T'aT'.' Y. '" .f�ftt ea°- M loo 200' Scale: 1"=200' SEC Planning Consultants CONCEPT PLAN North March 6, 2006 Ptgnn;ng •Landscape Arrhitenure •Community Branding NEW LIFE CHURCH SHEETMIMLU?MJoWNe ure Ch... aMJes,COncepl Planlconceo dtl to vn•u.11MAS Base mapping compiled from best available information.All map data •�._.p.w..�...'•;`.::.eu....„..-, should be considered as preliminary,YORKVILLE, ILLINOIS p ry,in need of verification,and subject to change. This land plan is conceptual in nature and does not represent any regulatory approval. Plan is subject to change. I uel;e, +6r;rx� a DOWNTOWN YORKVILLE TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AND PLAN UNITED CITY OF YORKVILLE, ILLINOIS March 24,2006 Prepared by: Ehlers & Associates, Inc. DOWNTOWN YORKVILLE TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AND PLAN UNITED CITY OF YORKVILLE, ILLINOIS This Redevelopment Plan is subject to review and comment and may be revised after comment and hearing. March 24,2006 Prepared by: Ehlers&Associates,Inc. TABLE OF CONTENTS I. INTRODUCTION................................................................................................................................1 A. Tax Increment Financing..............................................................................................................4 B. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan.....................5 II. LEGAL DESCRIPTION.....................................................................................................................7 III. PROJECT AREA ELIGIBILITY CONDITIONS...........................................................................8 A. Surveys and Analyses Conducted..................................................................................................8 B. Summary of Findings....................................................................................................................8 IV. REDEVELOPMENT GOALS AND POLICIES...........................................................................10 A. General Goals..............................................................................................................................10 B. Redevelopment Objectives..........................................................................................................l I V. REDEVELOPMENT PROJECT.....................................................................................................12 A. Overall Redevelopment Concept................................................................................................12 B. Generalized Land Use Pl an.......................................................................................................... 12 C. Development and Design Objectives..........................................................................................13 D. Redevelopment Improvements and Activities.............................................................................15 E. Redevelopment Project Costs......................................................................................................18 F. Sources of Funds to Pay Redevelopment Project Costs..............................................................23 G. Issuance of Obligations...............................................................................................................23 H. Valuation of the Project Area......................................................................................................25 VI. LACK OF GROWTH AND DEVELOPMENT THROUGH INVESTMENT BY PRIVATE ENTERPRISE....................................................................................................................................28 VII. FINANCIAL IMPACT......................................................................................................................29 VIII. DEMAND ON TAXING DISTRICT SERVICES..........................................................................30 IX. CONFORMITY OF THE REDEVELOPMENT PLAN AND PROJECT TO THE COMPREHENSIVE PLAN FOR THE DEVELOPMENT OF THE CITY ASA WHOLE....................................................................................................................................32 X. PHASING AND SCHEDULING......................................................................................................33 M. PROVISIONS FOR AMENDING THE REDEVELOPMENT PLAN.......................................34 MI. COMMITMENT TO FAIR EMPLOYMENT PRACTICES AND AFFIRMATIVE ACTION PLAN...................................................................................................................................................35 MIT. IMPACT ON INHABITED RESIDENTIAL UNITS....................................................................36 FIGURES, TABLES AND EXHIBITS FIGURE 1: PROJECT AREA BOUNDARY......................................................................................2 TABLE 1: TOTAL ESTIMATED REDEVELOPMENT PROJECT COSTS..........................22 TABLE 2: PROJECT AREA TOTAL EAV BY TAX PARCEL(PIN) ....................................26 EXHIBIT I DOWNTOWN YORKVILLE TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA ELIGIBILITY STUDY EXHIBIT H DOWNTOWN YORKVILLE TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA HOUSING IMPACT STUDY EXHIBIT III DOWNTOWN YORKVILLE TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA LEGAL DESCRIPTION I. INTRODUCTION This document, entitled Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan, is to serve as a redevelopment plan (the "Redevelopment Plan") for the historic central business district ("Downtown") of the United City of Yorkville, Kendall County, Illinois (the "City'). The redevelopment project area encompasses most of Downtown Yorkville and generally includes the north and south frontage of Hydraulic Street from the corporate boundary on the east to the White Oak Way subdivision on the west; the northern frontage of Van Emmon Street from Adams Street on the west to the corporate boundary on the east; the southern frontage of Van Emmon Street from Main Street on the west to the corporate boundary on the east; the frontage of Bridge Street from the Fox River on the north to Fox Street on the south; and the eastern frontage of Main Street from the Fox River on the north to Fox Street on the south. The area is subsequently referred to in this document as the Downtown Yorkville Tax Increment Financing Redevelopment Project Area (the "Project Area"). The Project Area is illustrated in Figure 1 (Project Area Boundary)and legally described in Exhibit III to this Redevelopment Plan. The United City of Yorkville The United City of Yorkville is located in the Fox River Valley of Kendall County approximately 50 miles southwest of Chicago. The City includes land on both sides of the Fox River and is generally bounded by unincorporated portions of Kendall County with the neighboring communities of Montgomery to the north, Oswego to the east,and Plano to the west.Yorkville was originally settled south of the Fox River in 1832 as an agricultural business center with a downtown district along the Fox River. Growth of the community was reinforced by the county seat designation in 1859, the Chicago Burlington and Quincy railroad route established through Yorkville in 1870, and the incorporation of the town in 1887. Based on shared circumstances and vision, the towns of Yorkville and Bristol (the town to the north of the Fox River) combined to form the United City of Yorkville in 1957. Since 1960, the City has steadily grown to a current population of approximately 12,000 persons and is poised for substantial future growth—projected at nearly 35,000 by 2010. The City is primarily a residential community with attractive homes, a traditional Downtown area and growing residential neighborhoods, commercial corridors and industrial areas. The Fox River is a major asset as a natural resource and recreational amenity. As regional growth of the Chicago metropolitan area proceeds southwestward, the City has focused its planning efforts on guiding development to assure a compatible and efficient balance of land uses reflective of the City's small town heritage but also responsive to contemporary development opportunities. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page I United City of Yorkville,Illinois March 24,2006 $ $. ....................... 4 � K 0J y C $ y 9 x m $ m m ^n uo- 1 o00oo °s + e $ utavg I "V tsowa it 1„ 1 ° ts�uvts $ $ $ x - E v 'JBWYW ... s ',sue$ � $ 2 $ W a W < d 0 Downtown Yorkville Tax Increment Financing Redevelopment Project Area The Project Area encompasses some of the oldest properties of Yorkville and constitutes a significant portion of the City's historic Downtown area. The Project Area contains several buildings, sites and groupings of properties that are considered historically or architecturally significant, including Bridge Street frontage and the historic Kendall County Courthouse. Several buildings date from the late 1800s and early 1900s and only a few commercial buildings were built after 1970. The Downtown is generally an active mixed-use area with a range of commercial and retail uses, restaurants/pubs,residential uses, some public and civic uses and several industrial uses that reflect the past dependence on the Fox River and freight rail line at this location for commerce. Yorkville's Downtown was the only business district in the City up until the early 1970s when the City annexed a large area at the intersection of US Route 34 and IL Route 47 known as Countryside Center. Over the past three decades, Countryside Shopping Center and additional retail and commercial businesses have been developed along the intersecting corridors of US Route 34 and IL Route 47 in a pattern that has been traditionally auto-oriented to include strip retail centers, big box uses and businesses with drive-thm facilities. Over this same period, the core retail and commercial functions of the Downtown have diminished significantly. In short, while the outer edges and previously undeveloped areas of the City have benefited from much growth and development,the Project Area has generally lacked new private investment. As a result of these commercial development and general market changes, the City's historic Downtown currently faces a number of challenges and concerns. While the Downtown remains active as a mixed-use area and some limited development and improvements to buildings have occurred in a few blocks, the Project Area as a whole has not benefited from new private investment to revitalize the Project Area on a systematic or significant level. Portions of the Downtown, including the Project Area, show signs of decline, deteriorating physical conditions, vacant and/or underdeveloped sites, sub-optimal land uses, obsolescent buildings, and constrained building and site layouts. These changing conditions and needs must be addressed to ensure the long-term health and viability of the Project Area,the Downtown and the community as a whole. The City recognizes the changing needs and opportunities for growth and development of the Project Area and the incumbent responsibility to plan for such needs and changes on a coordinated and comprehensive basis. Recent planning efforts which address this concern include the United City of Yorkville 2002 Comprehensive Plan, United City of Yorkville Comprehensive Plan Update (Febmary 22, 2005) and United City of Yorkville Downtown Vision Plan (December 2005). These plans set forth recommendations for development and redevelopment of the Project Area and form the basis for many of the recommendations presented in this Redevelopment Plan. As part of its strategy to revitalize the Downtown and stimulate private investment in new development, redevelopment and rehabilitation, the City engaged Ehlers & Associates, Inc. ("Ehlers) to investigate whether the Project Area qualifies as a "conservation area" under the Illinois Tax Increment Allocation Redevelopment Act(the"Act"). Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 3 United City of Yorkville,Illinois March 24,2006 Ehlers surveyed the area identified by the City and referred to as the Project Area to document any conservation area factors that may exist within the Project Area.Ehlers documented these factors in a study entitled, "Downtown Yorkville Tax Increment Financing Redevelopment Project Area Eligibility Study"(the"Eligibility Study"),which is included as Exhibit I to this report. Characteristic conditions in the Project Area include vacant sites and buildings, deteriorated buildings and site improvements, obsolescence due to size and layout, declining or lagging growth in property valuation, inadequate utilities and a general lack of community planning. Overall, the Project Area has not been subject to growth and development through investment by private enterprise and is not reasonably anticipated to be redeveloped without the efforts and leadership of the City. Redevelopment, revitalization and improvement of the Project Area will be a complex undertaking requiring a well-organized development and revitalization strategy to bring about interest and investment on a coordinated basis. Realization of the goals and objectives of the Downtown Vision Plan will require commitment from the City, property owners, residents and developers, as well as a long-term financial plan and commitment. This Redevelopment Plan summarizes the analyses and findings of Ehlers' work, which, unless otherwise noted, is the responsibility of Ehlers. The City is entitled to rely on the findings and conclusions of this Redevelopment Plan in designating the Project Area as a redevelopment project area under the Act. Ehlers has prepared this Redevelopment Plan and the Eligibility Study with the understanding that the City would rely: 1) on the findings and conclusions of the Redevelopment Plan and the related Eligibility Study in proceeding with the designation of the Project Area and the adoption and implementation of the Redevelopment Plan, and 2) on the fact that Ehlers has obtained the necessary information so that the Redevelopment Plan and the related Eligibility Study will comply with the Act. A. Tax Increment Financing In January 1977, tax increment financing ("TIF") was made possible by the Illinois General Assembly through passage of the Tax Increment Allocation Redevelopment Act. The Act is found in Illinois Compiled Statutes, Chapter 65, Act 5, Section 11-74.4-1 et seq., as amended. The Act provides a means for municipalities, after the approval of a redevelopment plan and project, to redevelop blighted, conservation, or industrial park conservation areas and to finance redevelopment project costs (sometimes referred to as "Project Costs"or"Redevelopment Project Costs") with incremental property tax revenues. "Incremental Property Tax" or "Incremental Property Taxes" are derived from the increase in the current equalized assessed valuation("EAV") of real property within the Project Area over and above the "Certified Initial EAV" of the real property. Any increase in EAV is then multiplied by the current tax rate which results in Incremental Property Taxes. A decline in current EAV does not result in a negative Incremental Property Tax. To finance Project Costs, a municipality may issue obligations secured by estimated Incremental Property Taxes to be generated within the Project Area. In addition, a municipality may pledge towards payment of such obligations any part or any combination of the following: (a)net revenues of all or part of any redevelopment project; (b)taxes levied and collected on any or all property in the municipality; (c)the full faith and credit of the municipality; (d) a mortgage on part or all of the Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 4 United City of Yorkville,Illinois March 24,2006 redevelopment project; or (e) any other taxes or anticipated receipts that the municipality may lawfully pledge. Tax increment financing does not generate tax revenues by increasing tax rates. This financing mechanism allows the municipality to capture, for a certain number of years, the new tax revenues produced by the enhanced valuation of properties resulting from the municipality's redevelopment program, improvements and activities, various redevelopment projects, and the assessment and reassessment of properties. All taxing districts continue to receive property taxes levied on the initial valuation of properties within the redevelopment project area. Additionally, taxing districts can receive distributions of excess Incremental Property Taxes when annual Incremental Property Taxes received exceed principal and interest obligations for that year and redevelopment project costs necessary to implement the redevelopment plan have been paid and such excess amounts are not otherwise pledged, earmarked or designated for future usage on other redevelopment projects. Taxing districts also benefit from the increased property tax base after redevelopment project costs and obligations are paid and the Project Area's term has expired or has been temvnated. A Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan As evidenced in Section VI, the Project Area as a whole has not been subject to growth and development through private investment. Furthermore,it is not reasonable to expect that the Project Area will be redeveloped without the use of TIF. This Redevelopment Plan has been prepared in accordance with the provisions of the Act and is intended to guide improvements and activities within the Project Area in order to stimulate private investment. The goal of the City, through the implementation of this Redevelopment Plan, is that the entire Project Area be revitalized on a comprehensive and planned development basis in order to ensure that private investment in rehabilitation and new development occurs: 1. On a coordinated rather than piecemeal basis to ensure that the land use, pedestrian access, vehicular circulation,parking, service and urban design systems are functionally integrated and meet present-day principles and standards; 2. On a reasonable, comprehensive and integrated basis to ensure that conservation area factors are prevented or eliminated; and 3. Within a reasonable and defined time period so that the area may contribute productively to the economic vitality of the City. The Redevelopment Plan sets forth the overall Redevelopment Project to be undertaken to accomplish the above-stated goal. During the implementation of the Redevelopment Project, the City may, from time to time, (i) undertake or cause to be undertaken public improvements and activities as described in Section V of this Redevelopment Plan and (ii) enter into redevelopment agreements with private entities to construct, rehabilitate,renovate or restore private improvements on one or several parcels(collectively referred to as"Redevelopment Project"). This Redevelopment Plan specifically describes the Project Area and sets forth the conservation factors that qualify the Project Area for designation as a conservation area as defined in the Act. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page S United City of Yorkville,Illinois March 24,2006 Section II of the Redevelopment Plan contains the Project Area description of the boundaries of the Project Area. Successful implementation of this Redevelopment Plan requires that the City utilize Incremental Property Taxes and other resources in accordance with the Act to stimulate the comprehensive and coordinated development of the Project Area. Only through the utilization of TIF will the Project Area develop on a comprehensive and coordinated basis, thereby eliminating the conservation area factors, which have precluded development of the Project Area by the private sector. The use of Incremental Property Taxes will permit the City to direct, implement, and coordinate public improvements and activities to stimulate private investment within the Project Area. These improvements, activities and investments will benefit the City, its residents,and all taxing districts having jurisdiction over the Project Area. The anticipated benefits include: • A revitalized Downtown which exemplifies the Citys identity and character and serves more effectively as a central location for a core mix of community activities including shopping,business,living, entertainment,recreation, and civic and community gatherings. • The creation of new high-quality multi-family and mixed-use housing opportunities to support the local population, attract new residents and enhance the overall quality and character of the community. • New and improved waterfront features and amenities along and near the Fox River that improve public access, stimulate activity, and integrate with adjacent Downtown development and infrastructure. • The construction of several new public and civic uses(including a City hall and City green) that help to re-establish and reinforce the Project Area and the Downtown as a civic and cultural center of the community. • Enhanced streetscape features and improved parking and infrastructure that improve public access, serve and stimulate activity, and integrate with key Downtown locations. • Adaptive reuse and rehabilitation of historically significant or architecturally unique structures. • An increased property tax base arising from rehabilitated buildings and new private development; • An increased sales tax base arising from rehabilitated and new private development for contemporary retail uses; • An increase in construction,part-time, and full-time employment opportunities for residents of the City; and • Elimination of problem conditions in the Project Area as well as general physical improvement and upgrading of properties. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 6 United City of Yorkville,Illinois March 24,2006 II. LEGAL DESCRIPTION The boundaries of the Project Area have been carefully drawn to include only real property and improvements substantially benefited by the proposed Redevelopment Project to be undertaken as part of this Redevelopment Plan. The Project Area generally encompasses most of Downtown Yorkville and generally includes the north and south frontage of Hydraulic Street from the corporate boundary on the east to the White Oak Way subdivision on the west; the northern frontage of Van Emmon Street from Adams Street on the west to the corporate boundary on the east; the southern frontage of Van Emmon Street from Main Street on the west to the corporate boundary on the east; the frontage of Bridge Street from the Fox River on the north to Fox Street on the south; and the eastern frontage of Main Street from the Fox River on the north to Fox Street on the south. The Project Area boundaries are shown in Figure 1, Project Area Boundary, and legally described in Exhibit III. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 7 United City of Yorkville,Illinois March 24,2006 III. PROJECT AREA ELIGIBILITY CONDITIONS The conditions summarized in this section are described in detail in a separate report, entitled Domitown Yorkville Tax Increment Financing Redevelopment Project Area Eligibility Study (the "Eligibility Study"). The Eligibility Study, prepared by Ehlers, presents the definition, application and extent of the conservation area factors in the Project Area. The Eligibility Study is attached as Exhibit I to this Redevelopment Plan. The Project Area conditions documented in this section are based on surveys and analyses conducted for the City by Ehlers. Based on the definitions set forth in the Act, the Project Area is found to be eligible for (i) classification as a `conservation area" and (ii) designation as a redevelopment project area. A. Surveys and Analyses Conducted The summary of findings for the Project Area is based upon surveys and analyses conducted by Ehlers. The surveys and analyses conducted include: 1. Exterior survey of the condition and use of each building; 2. Field survey of environmental conditions covering streets, sidewalks, lighting, traffic, parking facilities, landscaping,fences and walls,and general property maintenance; 3. Analysis of existing uses and their relationships to the surroundings; 4. Comparison of current land use to the current zoning ordinance and the current zoning map; 5. Comparison of surveyed buildings to existing codes of the City; 6, Analysis of original and current platting and building size and layout; 7. Analysis of vacant portions of sites and buildings; 8. Analysis of original and current platting, air photos and building size and layout; 9. Review of previously prepared plans, studies and data; and 10. Review of Kendall County Assessor records for assessed valuations and equalization factors for the Project Area for assessment years 1999 to 2004. B. Summary of Findings To meet the requirements under the Act for designation as a 'conservation area," the area must meet the prerequisite that 50 percent or more of the structures in the area must be 35 years of age or more. In addition,a minimum of 3 factors from a total of 13 factors must be present in the area. Based on surveys, inspections and analyses of the Project Area as identified above, the Project Area qualifies as a conservation area.The conservation area findings are summarized as follows: • The Project Area is over 1.5 acres in size. • Of the 114 buildings within the Project Area, 83 percent are 35 years of age or older. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 8 United City of Yorkville,Illinois March 24,2006 • Five of the thirteen factors set forth in the Act for a conservation area are present to a meaningful extent and reasonably distributed in the Project Area, including"obsolescence," "deterioration," "inadequate utilities," "lack of community planning," and "declining or lagging equalized assessed valuation." • An additional five factors, including "dilapidation," "excessive vacancies," "structures below minimum code standards," "excessive land coverage and overcrowding of community structures," and "deleterious land use or layout' are present to a more limited extent but support the overall finding of eligibility as a conservation area. • All blocks within the Project Area show the presence of conservation area factors. • The Project Area includes only real property and improvements thereon substantially benefited by the proposed redevelopment project activities and improvements. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 9 United City of Yorkville,Illinois March 24,2006 IV. REDEVELOPMENT GOALS AND POLICIES Comprehensive and coordinated investment in new public and private improvements and facilities is essential for the successful redevelopment of the Project Area and the elimination of conditions that have impeded redevelopment of the Project Area in the past. Redevelopment of the Project Area will benefit the City through improvements in the physical environment, an increased tax base,new residential and commercial opportunities, new jobs and job training opportunities and an increase in the vitality of the Project Area. This section identifies the general goals and objectives for redevelopment of the Project Area. Section V of this Redevelopment Plan describes the overall redevelopment concept for the Project Area, specific design and development goals and redevelopment activities that the City intends to undertake to achieve the redevelopment goals and objectives presented in this Section. A. General Goals Listed below are the general goals for redevelopment of the Project Area. These goals provide overall focus and direction for this Redevelopment Plan. • An environment that will contribute more positively to the health, safety and general welfare of the Project Area,the City and surrounding communities. • Elimination of the factors that qualified the Project Area as a conservation area. • New investment and development that will preserve or enhance the value of properties within and adjacent to the Project Area, improving the real estate and sales tax base of the City and other taxing districts having jurisdiction over the Project Area. • A strong, vital Downtown achieved through the addition of new destination locations, anchor components,developments and improvements. • Attraction of new high-quality commercial, retail, and residential development that strengthens Downtown as an exciting and diverse mixed-use area. • Improved street,utility and parking infrastructure and an enhanced streetscape environment. • Enhancement and expansion of community facilities in the Project Area, potentially including, but not limited to, a City Hall and City green, a senior center, community center, performing arts center,and new recreational facilities. • Improved access and amenities related to the Fox River. • Preservation and enhancement of historic or architecturally significant buildings. • A strong,positive visual image of the Project Area through attractive and high-quality building design and site improvements. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 10 United City of Yorkville,Illinois March 24,2006 B. Redevelopment Objectives Listed below are the redevelopment objectives which will guide planning decisions regarding redevelopment within the Project Area. • Reduce or eliminate those conditions that qualify the Project Area as a conservation area as documented in the Eligibility Study. • Strengthen the economic well-being of the Project Area and the City by returning vacant or underutilized properties to the tax rolls. • Encourage a high-quality appearance of buildings, rights-of-way, and open spaces and encourage high standards of design. • Encourage coordinated development of parcels and structures in order to achieve efficient building design and off-street parking and service facilities. • Create an environment and provide incentives that stimulate private investment in the upgrading of buildings and/or expansion of existing businesses and new construction. • Provide needed improvements or facilities in proper relationship to the projected demand for such facilities and in accordance with present-day design standards for such facilities. • Upgrade utilities and infrastructure to provide for contemporary development. • Assemble or encourage the assembly of land into parcels of appropriate shape and sufficient size for redevelopment in accordance with this Redevelopment Plan. • Provide safe and efficient vehicular, bicycle and pedestrian circulation systems which will enable adequate access to,movement within and connections throughout the Project Area. • Where possible,provide for consolidated off-street loading and service facilities which are screened and buffered from adjacent development areas and public streets. • Provide an overall system of signage that will establish visual continuity, understandable way-finding routes, and promote a positive overall image for the Project Area. • Undertake landscaping, lighting and signage improvements to upgrade the appearance of public rights-of-way within and adjacent to the Project Area. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 11 United City of Yorkville,Illinois March 24,2006 V. REDEVELOPMENT PROJECT This section presents the Redevelopment Project anticipated to be undertaken by the City and by private entities in furtherance of this Redevelopment Plan.The Redevelopment Project described in this Redevelopment Plan and pursuant to the Act includes: • the overall redevelopment concept and goals; • the land use plan; • development and design objectives; • a description of redevelopment improvements and activities; • estimated redevelopment project costs; • a description of sources of funds to pay estimated redevelopment project costs; • a description of obligations that may be issued;and • identification of the most recent EAV of properties in the Project Area and an estimate of future EAV. A. Overall Redevelopment Concept and Land Use Plan The Project Area should be revitalized and redeveloped as a cohesive,distinctive and active mixed- use area that exemplifies the City's identity and character and serves more effectively as a central location for shopping, business, living, entertainment, recreation, and civic and community gatherings. The Project Area should consist of (i) retail and commercial uses, offering a range of site development opportunities for contemporary retail and office uses; (ii) residential uses, including single family homes, a mix of multi-family housing styles as well as buildings with a mixture of residential and commercial uses; (iii) recreational, entertainment and cultural uses; and(iv) a range of public and community facilities (including a new City Hall and City green, community center, senior center, and performing arts center), open space, and pedestrian amenities. Industrial uses generally are not appropriate. Improvement projects should include: rehabilitation and reuse of existing retail, office, residential, and commercial buildings, especially if identified by the City as architecturally or historically significant; land consolidation for development of new retail, office, residential, commercial and mixed-use construction—particularly in vacant or underutilized properties within the Project Area; retention and enhancement of viable existing businesses; improvements to streets, utilities and infrastructure; creation of new and upgrading of existing open space, landscaping features and Fox River amenities; enhancement or addition of streetscaping treatments and pedestrian amenities; and the provision of new amenities which enhance the overall social, cultural, and aesthetic atmosphere of the Project Area. The Project Area should be served by a street system,parking facilities, access Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 12 United City of Yorkville,Illinois March 24,2006 points and public infrastructure that provide safe and convenient access to and circulation within the Project Area for vehicles, pedestrians and bicycles, as appropriate. The Project Area should also be characterized by cohesive urban design features that organize and provide focus to the Project Area, including quality building materials; pedestrian amenities; distinctive lighting, signage and landscaping; and other appropriate amenities. The Redevelopment Plan and the Redevelopment Project described herein conform to the land-use development policies and standards for the City as set forth in the City's 2002 Comprehensive Plan,the 2005 Update to the Comprehensive Plan and the 2005 Downtown Vision Plan. The Land Use Plan to be in effect upon adoption of this Redevelopment Plan designates the Project Area in total as a"Mixed Use District: Residential, Commercial, Public,Institutional, Open Space and Recreational Uses." The permitted uses and development guidelines generally include those intended for the "Commercial," "Urban Neighborhood" "Traditional Neighborhood," "Pub- lie/Quasi Public," and "Park/Open Space" land use areas described in the 2002 Comprehensive Plan, as well as any other use not in conflict with existing or future ordinances of the City. B. Development and Design Objectives Listed below are specific development and design objectives that will assist the City in directing and coordinating public and private improvement and investment within the Project Area in order to achieve the general goals and objectives identified in Section IV of this Redevelopment Plan. Land Use • Promote comprehensive, area-wide redevelopment of the Project Area, allowing a wide range of business, residential, retail, commercial service, entertainment, open space, recreational,public and institutional uses,that benefits the larger Yorkville community. • Promote quality new residential, commercial and mixed-use developments in the Project Area. • Encourage the clustering of similar and supporting commercial uses to promote cumulative attraction and multi-stop shopping. • Establish a range and pattern of compatible uses arranged to maximize operational and economic relationships. Transportation,Infrastructure,and Parking • Ensure safe, efficient, and convenient access to and circulation within the Project Area for pedestrians,bicyclists, autos,trucks and public transportation. • Where feasible and appropriate, improve street surface conditions, sidewalks, and natural water drainage,street lighting, and traffic signalization. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 13 United City of Yorkville,Illinois March 24, 2006 • Alleviate traffic congestion through limited driveways, shared loading zones, efficient bus stop locations and traffic management improvements. • Upgrade public utilities and infrastructure as required. • Ensure that all commercial/retail businesses are served by an adequate supply of conveniently located parking, to be located to the side or rear of buildings or in parking structures. • Promote shared parking through cooperative arrangements between businesses which would permit existing parking lots to be used by neighboring businesses during off-peak periods. • Ensure that parking lots are attractively designed and adequately maintained. Building and Site Development • Preserve, rehabilitate or adaptively reuse buildings and/or sites with historic and/or architectural value where appropriate. • Where feasible,repair and rehabilitate existing buildings in poor condition. • Where rehabilitation is not feasible, demolish deteriorated existing buildings to allow for new development. • Reuse vacant buildings in serviceable condition for new businesses, residential uses, or mixed-use development. • Ensure that the design of new buildings is compatible with the surrounding building context with regard to height, placement, orientation, bulk, architectural style, building materials, signs,etc. • Locate building service and loading areas away from front entrances and major streets where possible. • Encourage parking, service, loading and support facilities that can be shared by multiple businesses. • Encourage retail, entertainment, and restaurants on the first floor of buildings to contribute to a pedestrian-oriented environment. • Improve the design and appearance of commercial storefronts, including facade treatment, color, materials,awnings, canopies, and signage. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 14 United City of Yorkville,111inois March 24,2006 Urban Design,Landscaping and Open Space • Establish a distinctive and cohesive visual identity for the Project Area. • Ensure high quality and harmonious architectural and landscape design throughout the Project Area. • Provide new pedestrian-scale lighting in areas with intense pedestrian activity. • Provide new street trees and accent lighting where space permits. • Promote the use of landscaping and attractive fencing to screen dumpsters, waste collection areas, loading and service areas, and the perimeter of parking lots and other vehicular use areas. • Promote a coordinated landscape plan for streetscapes,gateway locations and public plazas. • Promote the development of shared open spaces within the Project Area, including courtyards, eating areas,recreational areas, etc. • Ensure that all open spaces are designed, landscaped and lighted to achieve a high level of security. C. Redevelopment Improvements and Activities The City proposes to achieve its redevelopment goals and objectives for the Project Area through the use of public fmancing techniques including, but not limited to, tax increment financing, to undertake some or all of the activities and improvements authorized under the Act, including the activities and improvements described below. The City also maintains the flexibility to undertake additional activities and improvements authorized under the Act, if the need for activities or improvements changes as redevelopment occurs in the Project Area. The City may enter into redevelopment agreements with public or private entities for the furtherance of this Redevelopment Plan. Such redevelopment agreements may be for the assemblage of land; the construction, rehabilitation, renovation or restoration of improvements or facilities; the provision of services; or any other lawful propose. Redevelopment agreements may contain terms and provisions, which are more specific than the general principles set forth in this Redevelopment Plan. 1. Analysis,Administration,Studies,Surveys,Legal,Marketing,etc. The City may undertake or engage professional consultants, engineers, architects, attorneys, etc. to conduct various analyses, studies, surveys, administration or legal services to establish, implement and manage the Redevelopment Plan. The City may also undertake the cost of marketing sites within the Project Area to prospective businesses, developers and investors. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 15 United City of Yorkville,Illinois March 24,2006 2. Property Assembly,Site Preparation and Environmental Remediation Property acquisition and land assembly by the private sector or public entities in accordance with this Redevelopment Plan will be encouraged by the City. To meet the goals and objectives of this Redevelopment Plan,the City may acquire and assemble any and all property within the Project Area. Land assemblage by the City may not be by eminent domain. Land assemblage by the City may be by purchase,exchange, donation, lease, and may be for the purpose of. (a) sale, lease or conveyance to private developers or other public bodies; or(b) sale, lease, conveyance or dedication for the construction of public improvements or facilities. Furthermore, the City may require written redevelopment agreements with developers before acquiring any properties. As appropriate, the City may devote acquired property to temporary uses until such property is scheduled for disposition and development. Property assembly may also include demolition of buildings, site preparation, and site improvements that serve as an engineered barrier to ground level or below ground level environmental contamination. 3. Provision of Public Works or Improvements The City may provide public improvements and facilities that are necessary to service the Project Area in accordance with the Redevelopment Plan and the Comprehensive Plan. Public improvements and facilities may include, but are not limited to, municipal buildings as permitted by the Act, improvements to streets, sidewalks, utilities and traffic control infrastructure. 4. Relocation Relocation assistance may be provided to facilitate redevelopment of portions of the Pro- ject Area and to meet other City objectives. Business or households legally occupying properties to be acquired by the City subsequent to this Redevelopment Plan may be pro- vided with relocation advisory and financial assistance as determined by the City. In the event that the implementation of the Redevelopment Plan results in the removal of resi- dential housing units in the Project Area occupied by low-income households or very low-income households, or the displacement of low-income households or very low- income households from such residential housing units, such households shall be pro- vided affordable housing and relocation assistance not less than that which would be pro- vided under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the regulations thereunder, including the eligibility criteria. Af- fordable housing may be either existing or newly constructed housing. The City shall make a good faith effort to ensure that this affordable housing is located in or near the Project Area. As used in the above paragraph "low-income households", "very low-income households" and "affordable housing" shall have the meanings set forth in Section 3 of the Illinois Affordable Housing Act, 310 ILCS 65/3. As of the date of this Redevelopment Plan, these statutory terms are defined as follows: (i) "low-income household" means a single person, family or unrelated persons living together whose adjusted income is more than 50 percent but less than 80 percent of the median income of Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 16 United City of Yorkville,Illinois March 24,2006 the area of residence, adjusted for family size, as such adjusted income and median income are determined from time to time by the United States Department of Housing and Urban Development("HUD")for purposes of Section 8 of the United States Housing Act of 1937; (ii) 'very low-income household"means a single person,family or unrelated persons living together whose adjusted income is not more than 50 percent of the median income of the area of residence, adjusted for family size, as so determined by HUD; and (iii) "affordable housing" means residential housing that, so long as the same is occupied by low-income households or very low-income households, requires payment of monthly housing costs, including utilities other than telephone, of no more than 30 percent of the maximum allowable income for such households, as applicable. 5. Job Training and Related Educational Programs Programs designed to increase the skills of the labor force that would take advantage of the employment opportunities within the Project Area may be implemented. 6. Building Rehabilitation The City may reimburse all or a portion of the costs incurred by property or business owners that undertake building rehabilitation projects in furtherance of the objectives of this Redevelopment Plan. 7. Interest Subsidies and/or Affordable Housing Funds may by provided to developers for a portion of costs associated with affordable housing construction,renovation or rehabilitation. Funds may be provided to redevelopers for a portion of interest costs incurred by a rede- veloper related to the construction,renovation or rehabilitation of a redevelopment project provided that: (a) such costs are to be paid directly from the special tax allocation fund established pur- suant to the Act; (b) such payments in any one year may not exceed 30 percent of the annual interest costs incurred by the redeveloper with respect to the redevelopment project during that year; (c) if there are not sufficient funds available in the special tax allocation fund to make an interest payment, then the amounts so due shall accrue and be payable when suffi- cient funds are available in the special tax allocation fund; (d) the total of such interest payments paid pursuant to the Act may not exceed 30 per- cent of the total(i) cost paid or incurred by a redeveloper for a redevelopment project plus (ii) redevelopment project costs excluding any property assembly costs and any relocation costs incurred by the City pursuant to the Act;and (e) the cost limits set forth in this paragraph in subparagraphs (b) and(d) above shall be modified to permit payment of up to 75 percent of interest costs incurred by a rede- veloper for the financing of rehabilitated or new housing units for low-income house- holds and very low-income households, as defined in Section 3 of the Illinois Afford- able Housing Act. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 17 United City of Yorkville,Illinois March 24, 2006 A Redevelopment Project Costs The various redevelopment expenditures which are eligible for payment or reimbursement under the Act are reviewed below. Following this review is a list of estimated redevelopment project costs that are deemed necessary to implement this Redevelopment Plan (the "Redevelopment Project Costs"). Eligible Redevelopment Project Costs Redevelopment Project Costs include the sum total of all reasonable or necessary costs incurred, estimated to be incurred, and any costs incidental to this Redevelopment Plan pursuant to the Act. Such costs may include,without limitation,the following: (1) Costs of studies, surveys, development of plans and specifications, implementation and administration of the redevelopment plan including but not limited to, staff and professional service costs for architectural, engineering, legal, financial, planning or other services, provided that no charges for professional services are based on a percentage of the tax increment collected except that on and after November 1, 1999, no contracts for professional services, excluding architectural and engineering services, may be entered into if the terms of the contract extend beyond a period of 3 years. In addition, "redevelopment project costs" shall not include lobbying expenses; (2) The cost of marketing sites within the redevelopment project area to prospective businesses,developers, and investors; (3) Property assembly costs, including but not limited to, acquisition of land and other property, real or personal, or rights or interests therein, demolition of buildings, site preparation, site improvements that serve as an engineered barrier addressing ground level or below ground environmental contamination, including, but not limited to parking lots and other concrete or asphalt barriers, and the clearing and grading of land; (4) Costs of rehabilitation,reconstruction or repair or remodeling of existing public or private buildings, fixtures, and leasehold improvements; and the cost of replacing an existing public building if pursuant to the implementation of a redevelopment project the existing public building is to be demolished to use the site for private investment or devoted to a different use requiring private investment; (5) Costs of the construction of public works or improvements; except that on and after November 1, 1999, redevelopment project costs shall not include the cost of constructing a new municipal public building principally used to provide offices, storage space, or conference facilities or vehicle storage, maintenance, or repair for administrative, public safety, or public works personnel and that is not intended to replace an existing public building as provided under paragraph(3) of subsection (g) of Section 11-74.4-3 unless either (i) the construction of the new municipal building implements a redevelopment project that was included in a redevelopment plan that was adopted by the municipality prior to November 1, 1999 or (ii) the municipality makes a reasonable determination in the redevelopment plan supported by information that provides the basis for that Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 18 United City of Yorkville,Illinois March 24,2006 determination, that the new municipal building is required to meet an increase in the need for public safety purposes anticipated to result from the implementation of the redevelopment plan; (6) Costs of job training and retraining projects, including the cost of "welfare to work" programs implemented by businesses located within the redevelopment project area; (7) Financing costs including,but not limited to, all necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued hereunder including interest accruing during the estimated period of construction of any redevelopment project for which such obligations are issued and for a period not exceeding 36 months following completion and including reasonable reserves related thereto; (8) To the extent the municipality by written agreement accepts and approves the same, all or a portion of a taxing district's capital costs resulting from a redevelopment project necessarily incurred or to be incurred in furtherance of the objectives of the redevelopment plan and project; (9) Relocation costs to the extent that a municipality determines that relocation costs shall be paid or is required to make payment of relocation costs by federal or state law; (10) Payment in lieu of taxes as defined in the Act; (I1) Costs of job training, retraining, advanced vocational education or career education, including but not limited to courses in occupational, semi-technical or technical fields leading directly to employment, incurred by one or more taxing districts, provided that such costs (i) are related to the establishment and maintenance of additional job training, advanced vocational education or career education programs for persons employed or to be employed by employers located in a redevelopment project area; and (ii) when incurred by a taxing district or taxing districts other than the municipality, are set forth in a written agreement by or among the municipality and the taxing district or taxing districts, which agreement describes the program to be undertaken including but not limited to, the number of employees to be trained, a description of the training and services to be provided, the number and type of positions available or to be available, itemized costs of the program and sources of funds to pay for the same, and the term of the agreement. Such costs include, specifically, the payment by community college districts of costs pursuant to Sections 3-37, 3-38, 3-40, and 3-40.1 of the Public Community College Act (as cited in the Act) and by school districts of costs pursuant to Sections 10-22.20a and 10-23.3a of the School Code (as cited in the Act); (12) Interest costs incurred by a redeveloper related to the construction, renovation or rehabilitation of a redevelopment project provided that: a) such costs are to be paid directly from the special tax allocation fund estab- lished pursuant to the Act; Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 19 United City of Yorkville,Illinois March 24,2006 b) such payments in any one year may not exceed 30 percent of the annual inter- est costs incurred by the redeveloper with regard to the redevelopment project during that year; c) if there are not sufficient funds available in the special tax allocation fund to make the payment pursuant to this provision, then the amounts so due shall accrue and be payable when sufficient funds are available in the special tax al- location fund; d) the total of such interest payments paid pursuant to the Act may not exceed 30 percent of the total: (i) cost paid or incurred by the redeveloper for such rede- velopment project, plus (ii) redevelopment project costs excluding any prop- erty assembly costs and any relocation costs incurred by a municipality pursu- ant to the Act; and e) Up to 75 percent of the interest cost incurred by a redeveloper for the financ- ing of rehabilitated or new housing units for low-income households and very low-income households, as defined in Section 3 of the Illinois Affordable Housing Act. (13) Unless explicitly provided in the Act, the cost of construction of new privately- owned buildings shall not be an eligible redevelopment project cost; (14) A library district's or an elementary, secondary, or unit school district's increased costs attributable to assisted housing units will be reimbursed as provided in the Act; and (15) Up to 50 percent of the cost of construction,renovation and/or rehabilitation of all low- and very low-income housing units (for ownership or rental) as defined in Section 3 of the Illinois Affordable Housing Act. If the units are part of a residential redevelopment project that includes units not affordable to low- and very low-income households, only the low- and very low-income units shall be eligible for benefits under the Act. (16) After November 1, 1999, none of the redevelopment project costs enumerated in this subsection shall be eligible redevelopment project costs if those costs would provide direct financial support to a retail entity initiating operations in the redevelopment project area while terminating operations at another Illinois location within 10 miles of the redevelopment project area but outside the boundaries of the redevelopment project area municipality. For purposes of this paragraph, termination means a closing of a retail operation that is directly related to the opening of the same operation or like retail entity owned or operated by more than 50% of the original ownership in a redevelopment project area but it does not mean closing an operation for reasons beyond the control of the retail entity, as documented by the retail entity, subject to a reasonable finding by the municipality that the current location contained inadequate space, had become economically obsolete, or was no longer a viable location for the retailer or serviceman. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 20 United City of Yorkville,Illinois March 24,2006 If a special service area has been established pursuant to the Special Service Area Tax Act, [35 ILCS 235/0.01 et. seg.] then any tax increment revenues derived from the tax imposed pursuant to the Special Service Area Tax Act may be used within the redevelopment project area for the purposes permitted by the Special Service Area Tax Act as well as the purposes pemritted by the Act. Estimated Redevelopment Project Costs A range of redevelopment activities and improvements will be required to implement this Redevelopment Plan. The activities and improvements and their estimated costs are set forth in Table 1 of this Redevelopment Plan. All estimates are based on 2006 dollars. Funds may be moved from one line item to another or to an eligible cost category described in this Redevelop- ment Plan at the City's discretion. To the extent that municipal obligations have been issued to pay for such Redevelopment Project Costs prior to, and in anticipation of,the adoption of TIF,the City shall be reimbursed from Incremental Property Taxes for such Project Costs. Redevelopment Project Costs described in this Redevelopment Plan are intended to provide an upper estimate of expenditures. Within this upper estimate, adjustments may be made in line items without amending this Redevelopment Plan. In the event the Act is amended by the General Assembly after the date of the approval of this Redevelopment Plan by the City to (a) include new eligible redevelopment project costs, or (b) expand the scope or increase the amount of existing eligible redevelopment project costs (such as, for example, by increasing the amount of incurred interest costs that may be paid under 65 ILCS 5/1-74.4-3(q)(11)), this Redevelopment Plan shall be deemed to incorporate such additional, expanded or increased eligible redevelopment project costs under the Redevelopment Plan to the extent permitted by the Act. In the event of such amendment(s) to the Act, the City may add any new eligible redevelopment project costs as a line item in Table 1 or otherwise adjust the line items in Table 1 without amendments to this Redevelopment Plan, to the extent permitted by the Act. Increases in estimated total Redevelopment Project Costs of more than five percent, after adjust- ment for inflation from the date of the Redevelopment Plan adoption, are subject to the Redevel- opment Plan amendment procedures as provided under the Act. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 21 United City of Yorkville,Illinois March 24,2006 TABLE 1: Downtown Yorkville Tax Increment Financing Redevelopment Project Area Estimated Redevelopment Project Costs ELIGIBLE EXPENSE ESTIMATED COST Analysis,Administration, Studies,Surveys, Legal,Marketing etc. $500,000 Property Assembly including Acquisition, Site Prep and Demolition,Environmental Remediation $10,000,000 Public Works&Improvements,including streets and utilities and public facilities or capital costsl° $15,000,000 Rehabilitation of existing buildings,fixtures and leasehold improvements $10,000,000 Interest Subsidies and/or Affordable Housing Incentives $1,000,000 Relocation Costs $500,000 Job Training and Vocational Education $500,000 TOTAL REDEVELOPMENT PROJECT COSTS $37,500,000 1'-1131 I'1 This category may also include paying for or reimbursing(i).an elementary,secondary or unit school district's increased costs attributed to assisted housing units,and(ii)capital costs of taxing districts impacted by the redevel- opment of the Project Area. As permitted by the Act,to the extent the City by written agreement accepts and ap- proves the same,the City may pay,or reimburse all,or a portion of a taxing district's capital costs resulting from a redevelopment project necessarily incurred or to be incurred within a taxing district in furtherance of the objectives of the Redevelopment Plan. PI Total Redevelopment Project Costs exclude any additional financing costs,including any interest expense,capi- talized interest and costs associated with optional redemptions. These costs are subject to prevailing market condi- tions and are in addition to Total Redevelopment Project Costs. 131 Increases in estimated total Redevelopment Project Costs of more than five percent,after adjustment for inflation from the date of the Redevelopment Plan adoption,are subject to the Redevelopment Plan amendment procedures as provided under the Act The amount of the total Redevelopment Project Costs that can be incurred in the Project Area will be reduced by the amount of redevelopment project costs incurred in contiguous redevelopment project areas,or those separated from the Project Area only by a public right-of-way,that are permitted under the Act to be paid,and are paid,from Incremental Property Taxes generated in the Project Area,but will not be reduced by the amount of redevelopment project costs incurred in the Project Area which are paid from Incremental Property Taxes generated in contiguous redevelopment project areas or those separated from the Project Area only by a public right-of-way. Total Redevelopment Project Costs listed above are expected to be paid for with Incremental Property Taxes,how- ever,additional funding from other sources such as federal, state,county,or local grant funds may be utilized to supplement the City's ability to finance Redevelopment Project Costs identified above. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 22 United City of Yorkville,Illinois March 24,2006 E. Sources of Funds to Pay Redevelopment Project Costs Funds necessary to pay for Redevelopment Project Costs and secure municipal obligations issued for such costs are to be derived primarily from Incremental Property Taxes. Other sources of funds which may be used to pay for Redevelopment Project Costs or secure municipal obligations are land disposition proceeds, state and federal grants, investment income, private financing and other legally permissible funds the City may deem appropriate. The City may incur Redevelopment Project Costs,which are paid for from funds of the City other than Incremental Property Taxes,and the City may then be reimbursed for such costs from Incremental Property Taxes. Also, the City may permit the utilization of guarantees, deposits and other forms of security made available by private sector developers. Additionally, the City may utilize revenues, other than State sales tax increment revenues, received under the Act from one redevelopment project area for eligible costs in another redevelopment project area that is either contiguous to, or is separated only by a public right-of-way from,the redevelopment project area from which the revenues are received. The Project Area may, in the future, be contiguous to or separated by only a public right-of-way from other redevelopment project areas created under the Act. The City may utilize net Incremental Property Taxes received from the Project Area to pay eligible redevelopment project costs, or obligations issued to pay such costs, in other contiguous redevelopment project areas or redevel- opment project areas separated only by a public right-of-way, and vice versa. The amount of revenue from the Project Area, made available to support such contiguous redevelopment project areas, or those separated only by a public right-of-way, when added to all amounts used to pay eligible Redevelopment Project Costs within the Project Area,shall not at any time exceed the total Redevelopment Project Costs described in this Redevelopment Plan. The Project Area may become contiguous to, or be separated only by a public right-of-way from, redevelopment project areas created under the Industrial Jobs Recovery Law(65 ILCS 5/11-74.6-1, et seq.). If the City finds that the goals, objectives and financial success of such contiguous redevelopment project areas or those separated only by a public right-of-way are interdependent with those of the Project Area,the City may determine that it is in the best interests of the City and in furtherance of the purposes of the Redevelopment Plan that net revenues from the Project Area be made available to support any such redevelopment project areas. The City therefore proposes to utilize net incremental revenues received from the Project Area to pay eligible redevelopment project costs (which are eligible under the Industrial Jobs Recovery Law referred to above) in any such areas and vice versa. Such revenues may be transferred or loaned between the Project Area and such areas. The amount of revenue from the Project Area so made available,when added to all amounts used to pay eligible Redevelopment Project Costs within the Project Area or other areas as described in the preceding paragraph, shall not at any time exceed the total Redevelopment Project Costs described in Table 1 of this Redevelopment Plan. F. Issuance of Obligations The City may issue obligations secured by Incremental Property Taxes pursuant to Section 11- 74.4-7 of the Act. To enhance the security of a municipal obligation, the City may pledge its full Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 23 United City of Yorkville,Illinois March 24,2006 faith and credit through the issuance of general obligation bonds. Additionally, the City may provide other legally permissible credit enhancements to any obligations issued pursuant to the Act. All obligations issued by the City pursuant to this Redevelopment Plan and the Act shall be retired within twenty (20) years of their date of issuance, and no later than December 31 of the year in which the payment to the municipal treasurer is to be paid with respect to ad valorem taxes levied in the twenty-third calendar year after the year in which the ordinance approving the Project Area and the Redevelopment Plan was adopted, such ultimate retirement date occurring on December 31,2030. hi addition to paying Redevelopment Project Costs, Incremental Property Taxes may be used for the scheduled retirement of obligations, mandatory or optional redemptions, establishment of debt service reserves and bond sinking funds and any other lawful purpose. To the extent that Incremental Property Taxes are not needed for these purposes, any excess Incremental Property Taxes shall then become available for distribution annually to taxing districts having jurisdiction over the Project Area in the manner provided by the Act. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 24 United Ch v of Yorkville,Illinois March 24,2006 a Valuation 4the Project Area 1. Most Recent EAV of Properties in the Project Area The most recent EAV of the Project Area is estimated to total $5,500,355. This EAV is based on the 2004 assessed valuation and is subject to verification by the County Clerk. After verification, the frial figure shall be certified by the County Clerk of Kendall County, Illinois. This certified amount shall become the Certified Initial EAV from which all Incremental Property Taxes in the Project Area will be calculated by Kendall County. The Project Area's EAV by tax parcel is presented in Table 2 on the next page. 2. Anticipated Equalized Assessed Valuation By the year 2030 and following the completion of the Redevelopment Plan and Project, the EAV of the Project Area is estimated to range from$31 million to $37 million. This estimate is based on several key assumptions, including: 1) redevelopment of the Project Area will occur in a timely manner over the next 15 to 20 years; 2) construction of approximately 150,000 square feet of new commercial space, 3) remodel of approximately 8,000 of retail space; 4) construction of approximately 80,000 s.f, of tax- exempt facilities; 5) construction of approximately 360 housing units in a combination of condominium, townhome and senior housing buildings; 6) the EAV of the Project Area will grow at the rate of 2.0 percent per annum; and 4) a state equalization factor of 1.0000 is used in all years to calculate estimated EAV. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 25 United City of Yorkville,Illinois March 24,2006 Table 2: Project Area EAV by Tax Parcel PIN 2004 EAV 41 05-38-282-005 $ 31,398 05-39-151-001/02- 42 05-38-282-006 $ 31,647 1 33-151-001* 43 05-38-283-001 $ 169,088 05-39-152-001/02- 44 05-38-283-002 $ 35,735 2 33-152-001* 45 05-38-283-003 $ 41,023 3 05-38-251-001 $ - 46 05-38-283-004 $ 10,876 4 05-38-252-001 $ 118,621 47 05-38-283-005 $ 35,921 5 05-38-252,003 $ 5,706 48 05-38-283-006 $ 30,508 6 05-38-252-004 $ 88,949 49 05-38-283-007- $ 41,805 7 05-38-252-005 $ 45,142 50 05-38-283-008 $ - 8 05-38-252-006 $ 57,988 51 05-38-283-009 $ - 9 05-38-252-007 $ 102,611 52 05-38-283-010 $ 17,890 10 05-38-252-009 $ 39,119 53 05-38-283-011 $ 35,916 05-38-276-001/02- 54 05-38-283-012 $ 35,998 11 32-276-001* 55 05-38-283,013 $ 45,292 12 05-38-277-001 $ 100 56 05-38-287-001 $ - 13 05-38-278-001 $ - 57 05-38-287-002 $ 44,199 14 05-38-278-002 $ 100 58 05-38-287-003 $ 16,600 15 05-38-278-004 $ - 59 05-38-287-004 $ 60,327 16 05-38-278-005 $ 2,268 60 05-38-287-005 $ 62,589 _ 17 05-38-278-007 $ - 61 05-38-287-006 $ 8,335 18 05-38-278-008 $ 11,580 62 05-38-291-001 $ - 19 05-38-278-009 $ 83,885 63 05-38-292-001 $ 51,454 20 05-38-278-010 $ 62,997 . 64 05-38-429-001 $ - 21 05-38,278-011 $ 100 65 05-38-429-002 $ 47,868 22 05-38,278-012 $ - 66 05-38-429-003 $ 10,000 23 05-38-279-001 $ 9,256 67 05-38-429-004 $ 37,139 24 05-38-279-002 $ 77,994 68 05-38-429-005 $ 10,000 25 05-38-279-003 $ 2,927 69 05-38-429-006 $ 24,400 26 05-38-279-004 $ 8,759 70 05-38-430-002 $ 122,513 27 05-38-279-005 $ 28,760 71 05-38-433-001 $ 37,338 28 05-38-279-006 $ 56,091 72 05-38-433-007 $ 88,775 29 05-38-279-007 $ 58,306 73 05-38-433-011 $ 31,979 30 05-38-279-008 $ 17,054 74 05-38-433-012 $ 57,537 31 05-38-280-002 $ 36,207 75 05-39-153-003 $ 46,989 32 05-38-280-003 $ 35,145 76 05-39-153-004 $ 29,763 33 05-38-281-001 $ 50,074 77 05-39-153-005 $ 16,660 34 05-38-281-002 $ 29,560 78 05-39-153-006 $ 35 05-38-281-003 $ 37,573 79 05-39-153-007 $ 11,003 36 05-38-281-006 $ 42,964 80 05-39-153-008 $ - 37 05-38-281-007 $ 39,961 81 05-39-153-009 $ - 38 05-38-282-001 $ 26,635 82 05-39-153,011 $ - 39 05-38-282-003 $ 36,157 83 OS-39-153,013 $ - 40 05-38-282-004 $ 55,607 84 05-39-154-001 $ 51,417 Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 26 United City of Yorkville,Illinois March 24,2006 85 05-39-154-002 $ 19,975 133 05-39-177-002 $ 7,702 86 05-39-154-003 $ 17,828 134 05-39-177-004 $ 80,306 87 05-39-154-006 $ 32,622 135 05-39-177-005 $ 51,273 88 05-39-154-007 $ 41,838 136 05-39-177-006 $ 1,491 89 05-39-154-008 $ 31,929 137 05-39-177-008 $ 49,573 90 05-39-154-009 $ 63 138 05-39-177-009 $ 34,380 91 05-39-154-013 $ 55,975 139 05-39-177-011 $ 37,201 92 05-39-154-014 $ 68,358 140 05-39-177-012 $ 27,492 93 05-39-154-015 $ 16,789 141 05-39-177-013 $ 4,487 94 05-39-154-017 $ 24,871 142 05-39-177-014 $ - 95 05-39-154-018 $ 1,153 143 05-39-177-015 $ 1,855 96 05-39-154-019 $ 5,077 144 05-39-177-016 $ 15,436 97 05-39-154-020 $ - 145 05-39-177-017 $ 4,173 98 05-39-154-021 $ 42,274 146 05-39-178-001 $ 51,790 99 05-39-154-022 $ - 147 05-39-178-002 $ 3,705 100 05.39-154-023 $ 40,445 148 05-39-178-003 $ 3,705 101 05-39-154-024 $ 4,647 149 05-39-178-004 $ 3,705 102 05-39-155-003 $ 12,087 150 05-39-301-001 $ 136,236 103 05-39-155-005 $ 14,832 151 05-39-304-001 $ 115,968 104 05-39-155-006 $ 5,107 152 05-39-307-002 $ 52,516 105 05-39-155-008 $ 8,964 153 05-39-307-003 $ 47,482 106 05-39-156-004 $ 7,776 154 05.39-307-004 $ 46,010 107 05-39-156-005 $ 30,024 155 05-39,307-005 $ 44,893 108 05-39-156-006 $ 24,343 156 05-39,326-004 $ 2,504 109 05-39-156-007 $ 38,011 157 05-39-326-006 $ 35,566 110 05-39-156-008 $ 8,600 158 05-39-326-007 $ 75,737 111 05-39-156-009 $ 42,780 159 05-39-326-008 $ 42,977 112 05-39-156-010 $ 38,008 160 05-39-376-010 $ 2,427 113 05-39-156-013 $ 1,262 161 05-39-376-014 $ 528 114 05-39-156-014 $ 10,500 162 05-39-376-015 $ 71 115 05-39-156-015 $ 69,780 163 60-04-003-001 $ 50,053 -116 05-39-156-016 $ 8,550 164 60-04-003-002 $ 18,084 117 05-39-156-017 $ 2,780 i Total $ 5,500,355 118 05-39-157-001 $ 409,109 *These parcels are owned by the State of Illinois and are 119 05-39-157-004 $ 13,844 located in the Fox River at the boundary line between Bristol 120 05-39-157-006 $ 7,681 and Kendall Townships. Kendall County records could not 121 05-39-157-007 $ 41,510 conform township and section numbers tied to block and 122 OS-39-157-008 $ 33,193 Parcel numbers for these parcels so both Kendall and Bristol Township numbers are shown. 123 05-39-158-001 $ 82,732 124 05-39-158-002 $ 11,087 125 05-39-158-003 $ 95,637 126 05-39-158-004 $ 89,076 127 05-39-176-001 $ - 128 05-39-176-002 $ 40,142 129 05-39-176-004 $ 51,554 130 05-39-176-005 $ 34,303 131 05-39-176-006 $ 49,888 132 05-39-177-001 $ 65,847 Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 27 United City of Yorkville,Illinois March 24,2006 VI. LACK OF GROWTH AND DEVELOPMENT THROUGH INVESTMENT BY PRIVATE ENTERPRISE As described in Section III of this Redevelopment Plan, the Project Area as a whole is adversely impacted by the presence of numerous conservation area factors, which represent impediments to sound growth and development. Specific findings regarding lack of growth and development through investment by private enterprise include: • Of the 114 buildings in the Project Area, 95 (83 percent) are 35 years of age or older—which means that only 19 buildings(17 percent)were built since 1971. • Of the 114 buildings in the Project Area, 61 are characterized as deteriorated and require improvements beyond normal maintenance(6 of these buildings are dilapidated or in substan- dard condition and another 18 of these buildings contain major defects in at least one primary component or a combination of secondary components). • In addition to"deterioration," and"dilapidation", other conservation area factors present in the Project Area that indicate a lack of private investment include "excessive vacancies" "struc- tures below minimum code standards,"and"obsolescence". • In each of the years fi-om 1999 to 2004,the annual growth rate of the total Equalized Assessed Valuation("EAV") of the Project Area has lagged behind that of the balance of the United City of Yorkville. • Between 1999 and 2004, the EAV of the Project Area increased by an average of 4.4% per year. In comparison, the EAV of the balance of the City of Yorkville increased at an annual average rate of 17.1%—a rate nearly four times that of the Project Area. • Despite City economic development and incentive programs,improvements and redevelopment projects in the Downtown have been limited to a couple of blocks. Several similarly situated communities in Illinois and along the Fox River have been successful in achieving major rede- velopment and revitalization of their downtowns only through the adoption of a comprehen- sive,coordinated and long-term tax increment financing redevelopment project and plan. In summary, the Project Area as a whole is eligible as a redevelopment project area, based on eligibility for a conservation area. The meaningful presence and reasonable distribution of conservation area conditions are detrimental to the public safety,health, and welfare of the City and provide evidence to support the finding that the Project Area on the whole has not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed without the adoption of tax increment financing and this Redevelop- ment Plan for the Project Area. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 28 United City of Yorkville,Illinois March 24,2006 VII. FINANCIAL IWACT Without the adoption of this Redevelopment Plan and TIF, the Project Area is not reasonably expected to be redeveloped by private enterprise. In the absence of City-sponsored redevelopment initiatives there is a prospect that conservation area conditions will continue to exist and spread, and the Project Area on the whole and adjacent properties will become less attractive for new development, redevelopment and rehabilitation of existing buildings. In the absence of City- sponsored redevelopment initiatives, erosion of the assessed valuation of property in and outside of the Project Area could lead to a continued reduction of real estate tax revenue to all taxing districts. Section V of this Redevelopment Plan describes the comprehensive Redevelopment Project proposed to be undertaken by the City to create an environment in which private investment can occur. The Redevelopment Project will be staged over a period of years consistent with local market conditions and available financial resources required to complete the various redevelopment improvements and activities as well as the Redevelopment Project set forth in this Redevelopment Plan. Successful implementation of this Redevelopment Plan is expected to result in new private investment in rehabilitation of viable existing buildings and new construction on a scale sufficient to eliminate deteriorating problem conditions and to return the area to a long-term sound condition. The Redevelopment Project is expected to have both short- and long-term positive financial impacts on the taxing districts affected by the Redevelopment Plan. In the short-term, the City's effective use of TIF can be expected to stabilize existing assessed values in the Project Area, thereby stabilizing the existing tax base for local taxing agencies. In the long-term, after the completion of all redevelopment improvements and activities, the Redevelopment Project and the payment of all Redevelopment Project Costs and municipal obligations, the taxing districts will benefit from any enhanced tax base which results from the increase in EAV caused by the Redevelopment Project. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 29 United City of Yorkville,Illinois March 24,2006 VIII.DEMAND ON TAXING DISTRICT SERVICES The following taxing districts or agencies currently levy taxes against properties located within the Project Area: Kendall County, Kendall Township, Bristol Township, Kendall County Forest Preserve District, Yorkville School District 115,United City of Yorkville(including Library Fund), Waubonsee Community College District 516, Bristol-Kendall Fire Protection District and Yorkville-Bristol Sanitary District. The Redevelopment Plan provides primarily for public improvements as well as residential, commercial and mixed-use development activity within the Project Area. The number and type of new development is not known at this time. It is anticipated that redevelopment projects implemented as part of the Redevelopment Project and Plan will cause increased demand for services or capital improvements on some of the taxing districts. Since the thrust of this Redevelopment Plan is on residential, commercial redevelopment, and mixed-use development, an increased demand for services or capital improvements to.be provided by School District 115, Waubonsee Community College District 516, Bristol-Kendall Fire Protection District, Yorkville-Bristol Sanitary District and the City may be expected. The redevelopment of underutilized sites or replacement of vacant buildings and sites with active uses will likely result in additional demand for services and facilities of these taxing districts. For example, United City of Yorkville services, such as police protection, library services, sanitary collection, water distribution, etc., are likely to be impacted. However, it is expected that any increase in demand for the City and other impacted taxing districts' services can be adequately handled by the existing services and facilities or substantially financed by incremental property tax revenues derived from new improvements in the Project Area. Over the next ten to fifteen years, the estimated potential residential development program for the Project Area, based on the 2005 Downtown Vision Plan, includes the phased development of up to approximately 360 new attached housing units (ranging in size from one to three bedrooms) in the Project Area. This includes senior housing as well as condominiums and townhomes. Based on Ehlers (formerly Illinois School Consulting Services) methodology for estimating school age children, this development could result in an additional population of approximately 635 persons, including 564 adults, 9 high school-aged children, 38 elementary and middle school-aged children, and 24 pre-school-aged children. Given the phased nature of potential development and the proposed housing type,the total increase in the demand for services Yorkville School District 115 is not anticipated to be significant—particularly in relation to the community's overall size and growth. Furthermore, the Act provides a method for reimbursing school districts for any increase in annual costs to a school district attributable to housing units located within the Project Area for which a developer or redeveloper receives financial assistance through an agreement with the municipality or because the municipality incurs the cost of necessary infrastructure improvements within the boundaries of the assisted housing sites necessary for the completion of that housing as authorized by the Act. It is expected that any increase in demand for Kendall County, Kendall County Forest Preserve District, Kendall Township, Bristol Township services and programs associated with the Project Area can be adequately handled by existing services and programs maintained and operated by Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 30 United City of Yorkville,Illinois March 24,2006 these taxing districts. Therefore, at this time; no special programs are proposed for these taxing districts. Should demand increase beyond existing service and program capabilities for any taxing district, the City will work with the affected taxing district to determine what, if any,program is necessary to provide adequate services (which would be separate from consideration of any taxing district's capital facilities within the Project Area). The City may enter into intergovernmental agreements with taxing districts where TIF revenues can be used for all or a portion of various improvements to the applicable capital facilities, to the extent that such increased capital needs result from redevelopment projects incurred in furtherance of the objectives of this Redevelopment Plan. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 31 United City of Yorkville,Illinois March 24,2006 IX. CONFORMITY OF THE REDEVELOPMENT PLAN AND PROJECT TO THE COMPREHENSIVE PLAN FOR THE DEVELOPMENT OF THE CITY AS A WHOLE This Redevelopment Plan and the Redevelopment Project described herein conform to the comprehensive plan for the City as a whole as set forth in the City's 2002 Comprehensive Land and 2005 Comprehensive Plan Update. �I I Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 32 United City of Yorkville, Illinois March 24,2006 X. PHASING AND SCHEDULING A phased implementation strategy will be utilized to achieve comprehensive and coordinated redevelopment of the Project Area. It is anticipated that City expenditures for Redevelopment Project Costs will be carefully staged on a reasonable and proportional basis to coincide with Redevelopment Project expenditures by private developers and the receipt of Incremental Property Taxes by the City. The estimated date for completion of Redevelopment Projects is no later than December 31 of the year in which the payment to the City treasurer as provided in the Act is to be made with respect to ad valorem taxes levied in the twenty-third calendar year following the year in which the ordinance approving the Project Area is adopted(i.e., assuming City Council approval of the Project Area and Redevelopment Plan in 2006,by December 31, 2030). Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 33 United City of Yorkville,Illinois March 24,2006 XI. PROVISIONS FOR AMENDING THE REDEVELOPMENT PLAN This Redevelopment Plan may be amended pursuant to the Act. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 34 United City of Yorkville,Illinois March 24,2006 XII. COMMITMENT TO FAIR EMPLOYMENT PRACTICES AND AFFIRMATIVE ACTION PLAN The City is committed to and will affirmatively implement the following principles with respect to the Redevelopment Plan: A) The assurance of equal opportunity in all personnel and employment actions with respect to the Redevelopment Plan, including, but not limited to: hiring, training, transfer, promotion, discipline, fringe benefits, salary, employment working conditions, termination, etc., without regard to race, color, religion, sex, age, handicapped status,national origin,creed or ancestry. B) This commitment to affirmative actions will ensure that all members of the protected groups are sought out to compete for all job openings and promotional opportunities. In order to implement these principles for this Redevelopment Plan, the City shall require and promote equal employment practices and affirmative action on the part of itself and its contractors and vendors. In particular, parties engaged by the City shall be required to agree to the principles set forth in this section. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 35 United City of Yorkville,Illinois March 24, 2006 XIH.IMPACT ON INHABITED RESIDENTIAL UNITS As set forth in the Act, if the redevelopment plan for a redevelopment project area would result in the displacement of residents from 10 or more inhabited residential units, or if the redevelopment project area contains 75 or more inhabited residential units and a municipality is unable to certify that no displacement will occur, the municipality must prepare a housing impact study and incorporate the study in the redevelopment project plan. The Project Area contains 143 residential units (140 of which are estimated to be inhabited). This Redevelopment Plan provides for the development or redevelopment of several portions of the Project Area that may contain occupied residential units. As a result, it is possible that by implementation of this Redevelopment Plan, the displacement of residents from 10 or more inhabited residential units could occur. The results of the housing impact study section are described in a separate report which presents certain factual information required by the Act. The report, prepared by Ehlers, is entitled "Downtown Yorkville Tax Increment Financing Redevelopment Project Area Housing Impact Study," and is attached as Exhibit II to this Redevelopment Plan. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 36 United City of Yorkville,Illinois March 24,2006 EXHIBIT I: DOWNTOWN YORKVILLE TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA ELIGIBILITY STUDY DOWNTOWN YORKVILLE TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA ELIGIBILITY STUDY United City of Yorkville, Illinois Prepared by Elders&Associates, Inc. March 17,2006 TABLE OF CONTENTS I, EXECUTIVE SUMMARY ......................................................................................................... } IL BASIS FOR REDEVELOPMENT ..—^.......--..._^.~.~..-...-.—...—.—..h |]T. THE PROJECT AREA .............................................................................................................. 8 IV. ELIGIBILITY SURVEY AND ANALYSIS...............................................................................4 V. ELIGIBILITY CONCLUSIONS................................................. ............................. ..............l4 � FIGURES ^AND TABLES Figure }. Project Area Boundary..—....~.^.— ............................................................................. Figure2. Existing Land Use ..... ............ ..............................................................................................5 TABLE 1. SUMMARY OPBVoz)UN0 DETERIORATION....~.....—.,....^....—.—.—..—.. 14 TABLE 2. GROWTH OP THE PROJECT AREA VS.CITY 0FY0D KYOLLE......................................................... l8 TABLE lI>lSTKR/Vru)N0P{X7NSBa\6AT{OW AREA FACTORS...................................................................20 I. EXECUTIVE SUMMARY The purposes of this report entitled Downtown Yorkville Tax Increment Financing Redevelopment Project Area Eligibility Study(the 'Eligibility Study") are to: (i)document the conservation factors that are present within the Downtown Yorkville Redevelopment Project Area(the 'Project Area") in the United City of Yorkville, Kendall County, Illinois (the "City" or "Yorkville"), and (ii) conclude whether the Project Area qualifies for designation as a conservation area within the definitions set forth in the Tax Increment Allocation Redevelopment Act (the "Act'). The Act is found in Illinois Compiled Statutes,Chapter 65,Act 5, Section 11-74.4-1 et. seq., as amended. The findings and conclusions contained in this Eligibility Study are based on surveys, documentation, and analyses of physical conditions within the Project Area. The City is entitled to rely on the findings and conclusions of this Eligibility Study in designating the Project Area as a redevelopment project area under the Act. Ehlers & Associates ("Ehlers") has prepared this Eligibility Study and the related Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan (the 'Redevelopment Plan") with the understanding that the City would rely on (i) the findings and conclusions of this Eligibility Study and the related Redevelopment Plan in proceeding with the designation of the Project Area as a redevelopment project area under the Act, and (ii) the fact that Ehlers has obtained the necessary information so that the Eligibility Study and the related Redevelopment Plan will comply with the Act. The determination of whether the Project Area qualifies for designation as a conservation area pursuant to the Act is made by the City after careful review and consideration of the conclusions contained in this Eligibility Study. The Project Area The Project Area is an irregularly shaped area that encompasses most downtown Yorkville plus an adjacent portion of the Fox River to the north. The Project Area generally includes the north and south frontage of Hydraulic Street from the corporate boundary on the east to the White Oak Way subdivision on the west; the northern frontage of Van Emmon Street from Adams Street on the west to the corporate boundary on the east; the southern frontage of Van Emmon Street from Main Street on the west to the corporate boundary on the east; the frontage of Bridge Street from the Fox River on the north to Fox Street on the south; and the eastern frontage of Main Street from the Fox River on the north to Fox Street on the south. The boundaries of the Project Area are shown on Figure 1,Project Area Boundary. The Project Area contains 114 buildings located within all or portions of 33 tax blocks (for the purposes of analysis in this report, several of these tax blocks are combined). The Project Area is approximately 200 acres—a significant portion of which consists of street rights-of-way, rail rights-of-way and the Fox River. The Project Area encompasses most of Downtown Yorkville which remains generally active as a central mixed-use district with a variety of uses, including retail, commercial service, offices, buildings with mixed commercial and residential activity, a variety of residential buildings, public and semi-public uses and industrial uses. All blocks, except for one, contain residential buildings in either single-family, multi-family or in mixed-use buildings. Public and semi-public uses are scattered throughout the Project Area, including: Bicentennial Riverfront Park, Van Emmon Memorial Park and other open spaces along the Fox Downtown Redevelopment Project Area Tax Increment Financing Eligibility Study Exhibit I,page I Yorkville,Illinois—March 17, 2006 River; City public works and parks/recreations buildings; Kendall County Offices, Clerk and Education Department buildings; and a U.S. Post Office facility. Existing land uses are illustrated in Figure 2,Existing Land Use. While some limited development and improvements to buildings have occurred in a few blocks of the Downtown in recent years, the Project Area as a whole has not benefited from new private investment to revitalize the area on a systematic or significant level. The Project Area as a whole is characterized by aging and deteriorating properties, structures below minimum code standards, obsolescent buildings and sites, declining or lagging growth in property valuation, vacant buildings and spaces within buildings, sites/parcels of irregular shape and size, incompatible land use relationships and deteriorating or obsolete infrastructure. These conditions, combined with the general lack of private investment in the area have led the City to initiate the Eligibility Study. The City engaged Ehlers to analyze conditions in the Project Area to determine whether the Project Area qualifies for designation as a "redevelopment project area" based on criteria for a'conservation area" contained in the Act. Eligibility Evaluation The approach taken to evaluate the presence of eligibility factors within the Project Area is listed below. • Survey the Project Area to document the physical conditions of buildings and site improvements. • Document and analyze existing land uses and their relationships with one another, and the size, configuration and layout of buildings and parcels. • Review supporting secondary and previously prepared plans and documents. • Tabulate and map the extent and distribution of conservation factors that exist within the Project Area. • Evaluate the extent and distribution of eligibility factors within the Project Area, and conclude whether the extent and distribution of the factors are sufficient to qualify the area for designation as a redevelopment project area. Summary Eligibility Conclusions Based on the definitions set forth in the Act, the Project Area is found to be eligible for (i) classification as a 'conservation area" and (ii) designation as a redevelopment project area. Specifically, • The Project Area is over 1'/z acres; • 83% of the structures within Project Area are 35 years of age or older(50% is the threshold required for a conservation area); • Five of the 13 conservation area factors (three are required), including "obsolescence," "deterioration," "inadequate utilities," "lack of community Downtown Yorkville Redevelopment Project Area Tax Increment Financing Eligibility Study Exhibit I,page 2 Yorkville,Illinois March 17,2006 planning" and"declining or lagging equalized assessed valuation," are present to a meaningful extent and are reasonably distributed throughout the Project Area; • Five additional conservation area factors, "dilapidation,""excessive land coverage and overcrowding of community structures," "structures below minimum code standards," "deleterious land use or layout" and"excessive vacancies" are present to a more limited extent and support the overall conservation area finding; and • The Project Area includes only real property and improvements thereon substantially benefited by the proposed redevelopment project improvements. These conclusions are made on the basis that conservation area factors are (i) present to a meaningful extent and (ii) reasonably distributed throughout the Project Area. While it may be concluded that the mere presence of the minimum number of the stated factors may be sufficient to make a finding as a conservation area, this evaluation was made on the basis that the conservation area factors must be present to a meaningful extent and must be reasonably distributed throughout the Project Area so that basically good areas are not arbitrarily included in the Project Area simply because of proximity to areas that qualify as a conservation area. Downtown Yorkville Redevelopment Project Area Ter Increment Financing Eligibility Study Exhibit I,page 3 Yorkville,Illinois—March 17,2006 ---• .. .......................... ! ) 2) k ■ � � ° ) § 2 � ■ / - § � ■ ' 22 - _ • �_- 00000 dSk , ® ° „ ® , $ ■ � � \ � ■ � # _ ,� � ` • \ m { � �/� ■ & , : ' ! �J , /E 777 • �\ | � , « LLI_ �- W� 0 r. c. d a J 8 � (x�j iii 011 1 6 9 � d 1 A F C4 W 1 - I I 1 ' 9 m S Z9 T➢W wck L'IIig[g SlLSI1EOH - � LO'Laq ns' .Y[HI4tl01 �� �y°R wo 1 iq ■l My/Y'g <C g N W� ujw v H ? 0 C7 n o"1 p 40 II. BASIS FOR REDEVELOPMENT A. Introduction The Illinois General Assembly made two key findings in adopting the Real Property Tax Increment Allocation Redevelopment Act: 1. That there exist in many municipalities within the State blighted and conservation areas; and 2. That the eradication of blighted areas and the treatment and improvement of conservation areas by redevelopment projects are essential to the public interest. These findings were made on the basis that the presence of blight or conditions which lead to blight are detrimental to the safety,health, welfare and morals of the public.To ensure that the exercise of these powers is proper and in the public interest, the Act also specifies certain requirements which must be met before a municipality can proceed with implementing a redevelopment project. One of these requirements is that the municipality must demonstrate that each prospective redevelopment project qualifies either as a "blighted area" or as a "conservation area" or combination thereof, within the definitions set forth in the Act (Section 11-74.4-3, as amended). The definitions pertaining to conservation areas are paraphrased below. B. Eligibility of a Conservation Area A conservation area is an improved area in which 50 percent or more of the structures in the area have an age of 35 years or more and there is a presence of a combination of three or more of the thirteen factors defined in the Act and listed below. Such an area is not yet a blighted area, but because of a combination of three or more of these factors,the area may become a blighted area. • Dilapidation • Obsolescence • Deterioration • Illegal use of individual structures • Presence of structures below minimum code standards • Excessive vacancies • Lack of ventilation, light,or sanitary facilities • Inadequate utilities • Excessive land coverage and overcrowding of structures and community facilities • Deleterious land-use or layout • Lack of community planning • Environmental remediation costs have been incurred or are required • Declining or lagging rate of growth of total equalized assessed valuation For conservation areas, the Act does not describe what constitutes the extent of presence Downtown Yorkville Redevelopment Project Area Tax Increment Financing Eligibility Study Exhibit 1,page 6 Yorkville, Illinois—March 17,2006 necessary to make a finding that a factor exists. However, Ehlers, in preparing this Eligibility Study, has applied the following principles: • The minimum number of factors must be present to a meaningful extent and the presence of each must be documented; • For a factor to be found present, it should be present to a meaningful extent so that a local governing body may reasonably find that the factor is clearly present within the intent of the Act; and • The factors should be reasonably distributed throughout the redevelopment project area. It is also important to note that the test of eligibility is based on the conditions of the area as a whole; it is not required that eligibility be established for each and every property or tax parcel in the Project Area. Downtown Yorkville Redevelopment Project Area Tax Increment Financing Eligibility Study Exhibit I,page 7 Yorkville,Illinois—March 17,2006 III. PROJECT AREA The Project Area encompasses the City's central business district referred to as"Downtown" and is an irregularly-shaped area consisting primarily of blocks along Bridge Street (IL Route 47), Hydraulic Avenue, Van Emmon Street and Main Street. A freight rail line bisects the area in an east/west direction and the Fox River constitutes the Project Area's northern boundary. The Project Area generally includes the north and south frontage of Hydraulic Street from the corporate boundary on the east to the White Oak Way subdivision on the west; the northern frontage of Van Emmon Street from Adams Street on the west to the corporate boundary on the east; the southern frontage of Van Emmon Street from Main Street on the west to the corporate boundary on the east; the frontage of Bridge Street from the Fox River on the north to Fox Street on the south; and the eastern frontage of Main Street from the Fox River on the north to Fox Street on the south. The boundaries of the Project Area are shown on Figure 1, Project Area Boundary and existing land uses within the Project Area are shown in Figure 2. The Project Area contains 114 buildings located within 33 full and/or partial tax blocks. The Project Area encompasses approximately 200 acres, including a significant amount of area dedicated to street, alley and rail rights-of-way as well as the Fox River. Downtown Yorkville is the historic center of the City and includes a variety of uses, including retail, commercial service, offices, buildings with mixed commercial and residential activity, a variety of residential buildings, public and semi-public uses and industrial uses. All blocks, except for one, contain residential buildings in either single-family, multi-family or in mixed-use buildings. Public and semi-public uses are scattered throughout the Project Area, including: Bicentennial Riverfront Park, Van Emmon Memorial Park and other open spaces along the Fox River; City public works and parks/recreations buildings; Kendall County Offices, Clerk and Education Department buildings; and a U.S. Post Office facility. While some limited development and improvements to buildings have occurred in a few blocks of the Downtown over recent years, the Project Area as a whole has not benefited from new private investment to revitalize the area on a systematic or significant level. The Project Area as a whole is characterized by aging and deteriorating properties, structures below minimum code standards, obsolescent buildings and sites, declining or lagging growth in property valuation, vacant buildings and spaces within buildings, sites/parcels of irregular shape and size, incompatible land use relationships and deteriorating or obsolete infrastructure. Downtown Yorkville Redevelopment Project Area Tar Increment Financing Eligibility Study Exhibit C page 8 Yorkville,Illinois—Maorh 17,2006 IV. ELIGIBILITY SURVEY AND ANALYSIS FINDINGS Ehlers completed an analysis of each of the conservation area factors listed in the Act to determine whether each or any are present in the Project Area, and if so, to what extent and in what locations. Surveys and analyses conducted by Ehlers included: • Exterior survey of the condition and use of all buildings and sites; • Field survey of environmental conditions covering streets, sidewalks, curbs and gutters, lighting, traffic, parking facilities, landscaping, fences, and general property maintenance; • Analysis of the existing uses within the Project Area and their relationships to the surroundings; • Comparison of current land use to current zoning ordinance and the current zoning map; • Analysis of original and current platting and building size and layout; • Analysis of vacant portions of the sites and buildings; • Analysis of building floor area and site coverage; • Review of City engineer utility analysis; • Review of previously prepared plans, studies and data; and • Analysis of Kendall County Assessor records for equalized assessed valuations for tax parcels in the Project Area for assessment years 1999 to 2004. A. Building Condition Analysis In December 2005, Ehlers documented physical conditions by means of an exterior survey of all buildings and properties.Noted during the inspections were structural deficiencies and occupancies of individual buildings and related environmental deficiencies in the Project Area. Summarized below is the process used for assessing building conditions in the Project Area, the standards and criteria used for evaluation, and the findings as to the existence of dilapidation or deterioration of structures. A copy of the Building Condition Survey Manual:Methods and Criteria for Evaluating Structures, which details the methodology used when completing the field survey work, will be provided to the City and filed with the official document. L Building Components Evaluated During the field survey, each component of a subject building was examined to determine whether it was in sound condition or had minor, major or critical defects. Building components examined were of two types: -- Primary Structural These include the basic elements of any building: foundation walls, load bearing walls and columns,roof and roof structure. Downtown Yorkville.Redevelopment Project Area Tax Increment Financing Eligibility Study Exhibit/,page 9 Yorkville,Illinois—March 17,2006 Secondary Components These are components generally added to the primary structural components and are necessary parts of the building, including porches and steps, windows and window units, doors and door units,chimneys, and gutters and downspouts. Criteria for Classifvine Defects for Building Components Each primary and secondary component was evaluated separately as a basis for determining the overall condition of individual buildings. This evaluation considered the relative importance of specific components within a building and the effect that deficiencies in components will have on the remainder of the building. 2 Building Component Classifications The four categories used in classifying building components and systems and the criteria used in evaluating structural deficiencies are described below. Sound Building components which contain no defects, are adequately maintained, and require no treatment outside of normal maintenance as required during the life of the building. Deficient-Requiring Minor Repair Building components which contain minor defects (loose or missing material or holes and cracks over a limited area) which may or may not be corrected through the course of normal maintenance but could be significant depending on the size of the building or number of buildings in a large complex. Buildings with minor defects clearly indicate a lack of or a reduced level of maintenance. Minor defects have limited effect on either primary or secondary components and the correction of such defects may be accomplished by the owner or occupants of either average size residences or smaller commercial buildings. Minor defects are not considered in rating a building as structurally substandard. Deficient-R uirmeq a Major Repair Building components which contain major defects over a widespread area and would be difficult to correct through normal maintenance. Buildings in the major deficient category would require replacement or rebuilding of components or significant upgrading of larger buildings or complexes of buildings by people skilled in the building and maintenance trades. -- Critical Building components which contain major defects so extensive that the building is classified as substandard (dilapidated) and the cost of and degree of repair would be excessive or unfeasible. Examples of such major defects are bowing, sagging, or settling to any or all exterior component causing the structure to be out-of-plumb, or broken, loose or missing material and deterioration over a widespread area. 3. Final Building Rating After completion of the exterior and interior building condition survey, each individual building was placed in one of four categories based on the combination of defects found in various primary and secondary building components.Each final rating is described below. Downtown Yorkville Redevelopment Project Area Tax Inclement Financing Eligibility Study Exhibit 1,page 10 Yorkville,Illinois—March 17,2006 Sound Sound buildings kept in a standard condition, presently requiring no maintenance. Buildings so classified have less than one minor defect. Deficient Deficient buildings contain defects which collectively are either not easily correctable through normal maintenance or require contracted skills to accomplish the level of improvements as part of maintenance or correction of defects. The classification of major or minor reflects the degree or extent of defects found during the survey of the building. Minor Buildings classified as minor deficient require minor repairs, i.e., the buildings have at least one minor defect, beyond normal maintenance, in one of the primary components or in the combined secondary components but contain less than one major defect. -- Major Buildings classified as major deficient require major repairs, i.e, the buildings have at least one major defect in either one of the primary components or in the combined secondary components,but contain less than one critical defect. Substandard Structurally substandard buildings contain defects which are so serious and so extensive that the building must be removed. Buildings classified as structurally substandard have two or more major defects on any of the primary or secondary components. Minor deficient and major deficient buildings are considered to be the same as deteriorating buildings as referenced in the Act;substandard buildings are the same as dilapidated buildings.The words"building" and"structure"are presumed to be interchangeable. B. Presence of Conservation Factors Summarized below are the conclusions of the surveys and analyses completed for each conservation factor based on existing conditions within the Project Area. The conclusions indicate whether the factor is found to be present within the Project Area, and the relative extent to which the factor is present. A factor noted as "present to a limited extent" indicates that the factor is present, but the distribution or impact of the factor is limited. A factor noted as "present to a meaningful extent" indicates that the factor is present throughout major portions of the Project Area, and that the presence of such conditions has a major adverse impact or influence on adjacent and nearby development. Conservation area factors not included in this report indicates that either no information was available or no evidence could be documented as part of the various surveys and analyses which would indicate its presence. Age Prerequisite: As a prerequisite condition for qualification of conservation areas, the Act requires that at least 50 percent of the structures be 35 years of age or older. Ehlers has documented that 83% of the structures within the Project Area are 35 years of age or older. Downtown Yorkville Redevelopment Project Area Tax Increment Financing Eligibility Study Exhibit 1,page II Yorkville,Illinois—March 17,2006 A. Dilapidation As defined in the Act, "dilapidation" refers to an advanced state of disrepair or neglect of necessary repairs to the primary structural components of buildings or improvements in such a combination that a documented building condition analysis determines that major repair is required or the defects are so serious and so extensive that the buildings moist be removed. The conditions of the buildings within the Project Area were determined based on observable components. As described in the section above, `Building Condition Analysis," Ehlers conducted an exterior survey of each building within the Project Area to determine its condition. Of the total 114 buildings: 53 buildings were classified as structurally sound; 37 buildings were classified as minor deficient(deteriorating); 18 buildings were classified as major deficient(deteriorating); and 6 buildings were classified as structurally substandard(dilapidated). Conclusion: Dilapidation (structurally substandard buildings) as a factor is present to a meaningful extent in one block and to a limited extent in three blocks and therefore present to a limited extent throughout the Project Area. B. Obsolescence As defined in the Act, "obsolescence" refers to the condition or process of falling into disuse. Structures have become ill suited for the original use. In making findings with respect to buildings, it is important to distinguish between functional obsolescence,which relates to the physical utility of a structure, and economic obsolescence,which relates to a property's ability to compete in the market place. Functional Obsolescence Historically, structures have been built for specific uses or purposes. The design, location, height, and space arrangement are intended for a specific occupant at a given time. Buildings become obsolescent when they contain characteristics or deficiencies which limit their use and marketability after the original use ceases. The characteristics may include loss in value to a property resulting from an inherent deficiency existing from poor design or layout, the improper orientation of the building on its site, etc., which detracts from the overall usefulness or desirability of a property. Economic Obsolescence Economic obsolescence is normally a result of adverse conditions which cause some degree of market rejection and,hence, depreciation in market values. If functionally obsolescent properties are not periodically improved or rehabilitated, or economically obsolescent properties are not converted to higher and better uses, the income and value of the property erodes over time. This value erosion leads to deferred maintenance, deterioration, and excessive vacancies.These manifestations of obsolescence then begin to have an overall blighting influence on surrounding properties and detract from the economic vitality of the overall area. Downtown Yorkville Redevelopment project Area Tar Increment.Financing Eligibility Study Exhibitl,page 12 Yorhille,Illinois—March 17,2006 Site improvements, including sewer and water lines, public utility lines (gas, electric and telephone), roadways,parking areas,parking structures, sidewalks, curbs and gutters, lighting, etc., may also evidence obsolescence in terms of their relationship to contemporary development standards for such improvements. Factors of obsolescence may include inadequate utility capacities, outdated building designs, etc. Obsolescence as a factor should be based upon the documented presence and reasonable dis- tribution of buildings and site improvements evidencing such obsolescence. Obsolete Building Types Obsolete buildings contain characteristics or deficiencies that limit their long-term sound use or reuse. Obsolescence in such buildings is typically difficult and expensive to correct. Obsolete building types have an adverse affect on nearby and surrounding development and detract from the physical, functional and economic vitality of the area. Obsolescence is present in a significant number of structures in the Project Area. These structures are characterized by conditions that limit their efficient or economic use according to contemporary standards. These buildings include single-purpose storage buildings as well as small buildings of limited size and/or narrow tenant space with limited long-term utility or capacity for conversion or expansion for contemporary business or retail use. Obsolescence is also evidenced by buildings that have been converted to new uses including residential buildings and buildings of limited size converted to, or expanded for, commercial or office space. Conclusion: The analysis indicates that obsolescence is present to a meaningful extent in three blocks and to a limited extent in ten blocks and therefore is present to a meaningful extent and reasonably distributed throughout the Project Area. C. Deterioration As defined in the Act, "deterioration"refers to, with respect to buildings, defects including, but not limited to, major defects in the secondary building components such as doors, windows, porches, gutters and downspouts, and fascia. With respect to surface improvements, the condition of roadways, alleys, curbs, gutters, sidewalks, off-street parking, and surface storage areas evidence deterioration, including, but not limited to, surface cracking, crumbling, potholes, depressions, loose paving material, and weeds protruding through paved surfaces. Based on the definition given by the Act, deterioration refers to any physical deficiencies or disrepair in buildings or site improvements requiring treatment or repair. • Deterioration may be evident in basically sound buildings containing minor defects, such as lack of painting, loose or missing materials, or holes and cracks over limited areas. This deterioration can be corrected through normal maintenance. • Deterioration which is not easily correctable and cannot be accomplished in the course of normal maintenance may also be evident in buildings. Such buildings may be classified as minor deficient or major deficient buildings, depending upon the degree or extent of Downtown Yorkville Redevelopment Project Area Tar Increment Financing Eligibility Study Exhibit I,page 13 Yorkville,Illinois—March 17,2006 defects. This would include buildings with defects in the secondary building components (e.g., doors, windows, porches, gutters and downspouts, fascia materials, etc.), and defects in primary building components (e.g., foundations, frames, roofs, etc.), respectively. Deterioration of Street Pavement,Parking and Service Areas Deteriorated street rights-of-way infrastructure is present in a number of locations in the Project Area. Portions of several streets contain deteriorated pavement with potholes, gravel or wom asphalt and lack curbs, gutters and sidewalks. Retaining walls along some streets are also eroding or deteriorating. Parking surface and storage areas throughout the Project Area vary in condition but several parking areas consist of (i) gravel surfaces with weed growth and/or potholes or(ii)deteriorating paved asphalt parking areas with protruding weed growth. Deterioration of Buildings The analysis of building deterioration is based on the survey methodology and criteria described in the preceding section on page 9 "Building Condition Survey." Of the total 114 buildings, 63 (54 percent) of the buildings within the Project Area, are classified as deteriorating. As noted in Table 1,building deterioration is present throughout most of the blocks within the Project Area. Table 1. Summary of Building Deterioration *Tax Block Minor Major Number Total Buildings Sound Deficient Deficient Substandard Percent Deficient 153 _ 5 1 2 [ 2 0 _ 80% ._ -- . .. .. ......_.. :- 154 13 3 4 5 1 77% 155 ':- 4 1 0 0 1 3 ; 75% 156/177 13 5 7 - 1 0 _ 62% 157/301/430 5 ; 4 1 0 - 0 20°f° 1581304 6 _1 4 0 I `:- 83% 176 . . . 4 ' 3 1 - _.._..__.0 _. 0 25% 252 --4 ----1_, 1 !. 0 _`---- 33% 278 3 1 0 ----- 2 0 _ 67% ._ .............._ ._. _..----- --- <-- 279 4 0 ._._.....3_ 1 0 100% 280 i 2 1 1 0 '+ 0 50% 281 ...-- 5 - 5 0 0 ; 0 0% 282 - 5 4 0 1 _ 0 20°h 283 _ 12 9 l ( 2 0 25% _ 287 5 s 2 2 ' ........ 1 0 _ 60% 291/292/429 - — 7 __ 4 3 0 0 43% —_ 307/178 5 - 3 2 0 0 = 40% 326/376 i 6 i 1 -----2- ;... . -_2 L 1 -_ '--- 83% 433 4 a 1 i 3 -_ 0 i 0 75% Total 114 53 1 37 18 6 54% *Tax blocks without buildings are not included Conclusion: Deterioration is present to a meaningful extent in twelve blocks and to a limited extent in six blocks and therefore is present to a meaningful extent throughout the Project Area. Downtown Yorkville Redevelopment Project Area Tax Increment Financing Eligibility Study Exhibit 1,page 14 Yorkville,Illinois–March 17,2006 D. Presence of Structures Below Minimum Code Standards As defined in the Act, the 'presence of structures below minimum code standards" refers to all structures that do not meet the standards of zoning, subdivision, building, fire, and other governmental codes applicable to property, but not including housing and property maintenance codes. As referenced in the definition above,the principal purposes of governmental codes applicable to properties are to require buildings to be constructed in such a way as to sustain safety of loads expected from the type of occupancy; to be safe for occupancy against fire and similar hazards; and/or to establish minimum standards essential for safe and sanitary habitation. Structures below minimum code standards are characterized by defects or deficiencies that threaten health and safety. Determination of the presence of structures below minimum code standards was based upon visible defects and advanced deterioration of building components from the exterior surveys. Of the total 114 buildings, 24 (21 percent) exhibited advanced deterioration and defects that are below the standards for existing buildings and related codes of the City of Yorkville. Conclusion: The factor of structures below minimum code standards is present to a meaningful extent in five blocks and to a limited extent in six blocks and therefore is present to a limited extent. E. Excessive Vacancies As defined in the Act, "excessive vacancies" refers to the presence of buildings that are unoccupied or under-utilized and that represent an adverse influence on the area because of the frequency, extent, or duration of the vacancies. Excessive vacancies as a factor is present in several blocks within the Project Area. Based on the surveys, excessive vacancies are due, in large part, to the relocation of the former ITS Grain Company site which left behind a complex of vacant industrial buildings. In addition, vacant units or floor areas are present in several multi-family residential and mixed-use buildings throughout the Project Area. Conclusion: Excessive vacancies as a factor is present to a meaningful extent in two blocks and to a limited extent in six blocks and therefore is present to a limited extent. F. Inadequate Utilities As defined in the Act, "inadequate utilities"refers to underground and overhead utilities such as storm sewers and storm drainage, sanitary sewers, water lines, and gas, telephone, and electrical services that are shown to be inadequate. Inadequate utilities are those that are: (i) of insufficient capacity to serve the uses in the redevelopment project area, (ii) deteriorated, antiquated, obsolete, or in disrepair, or(iii) lacking within the redevelopment project area. Based upon information provided by the City's consultant engineer, much of the Project Area consists of very old main pipes, with only some sections that have been constructed recently. In Downtown Yorkville Redevelopment Project Area Tax Increment Financing Eligibility Study Exhibit I,page IS Yorkville,Illinois—March 17,2006 the last two years, construction projects on Mill Street, Van Emmon Street and Hydraulic Avenue have provided newer mains and connections to adjacent streets. Otherwise, most of the utilities are considerably older and range in their physical conditions. Water utilities The water supply mains vary in sizes and conditions in this area. The sizes consist of 1", 4", 6", 8", 12" and 16" mains. Mill Street and Van Emmon Street have newer 16" and 12" mains respectively, while the other mains in the Project Area range in size. The conditions of these mains vary according to age. Sanitary Utilities The sanitary mains in the Project Area are mostly in fair to poor condition. Overall, the mains are over 40-years old and are typically 8"clay pipes. A few exceptions are the 24" main on the far W. Van Emmon Street and Fox River crossing, and the new interceptor main, which is 42" and runs along most of Van Emmon Street(east from the River crossing). Storm Sewers The storm sewers in the Project Area are also at least 40 years old and consist of clay pipes. The storm main on the east side of Bridge Street, from Fox Street to the river, consists of at least 30" and 36" pipe. On the west side of Bridge Street, the inlets show 8" size mains, yet their destinations are hard to track, some showing no downstream connection. The upcoming "In Town Road Project'will address many of the stormwater mains. Conclusion: Inadequate utilities, as a factor is present to a meaningful extent and reasonably distributed throughout the Project Area. G. Excessive Land Coverage&Overcrowding of Structures and Community Facilities As defined in the Act, "excessive land coverage and overcrowding of structures and community facilities" refers to the over-intensive use of property and the crowding of buildings and accessory facilities onto a site. Examples of problem conditions warranting the designation of an area as one exhibiting excessive land coverage are: the presence of buildings either improperly situated on parcels or located on parcels of inadequate size and shape in relation to present-day standards of development for health and safety and the presence of multiple buildings on a single parcel. For there to be a finding of excessive land coverage, these parcels must exhibit one or more of the following conditions: insufficient provision for light and air within or around buildings, increased threat of spread of fire date to the close proximity of buildings, lack of adequate or proper access to a public right-of-way, lack of reasonable required off-street parking, or inadequate provision for loading and service. Excessive land coverage and overcrowding of structures and community facilities is present within several blocks of the Project Area as indicated primarily by buildings that cover most or all of the parcels upon which they are situated or have multiple buildings on a single tax parcel. The properties affected are mostly commercial or industrial properties that do not contain adequate front, rear and side yards, off-street parking space, and adequate loading and service areas. Parcels with multiple buildings are also characterized by excessive land coverage. Downtown Yorkville Redevelopment Project Area Taxlncrement Financing Eligibility Study Exhibit 1,page 16 Yorkville, Illinois—March 17,2006 Conclusion: Excessive land coverage and overcrowding of structures and community facilities is present to a meaningful extent in three blocks and to a limited extent in one block and therefore is present to a limited extent within the Project Area. H. Deleterious Land Use or Layout As defined in the Act, "deleterious land-use or layout refers to the existence of incompatible land-use relationships, buildings occupied by inappropriate mixed-uses, or uses considered to be noxious, offensive, or unsuitable for the surrounding area. Several blocks are impacted by incompatible and inappropriate uses. Patchwork and conflicting mixtures of residential, commercial and industrial buildings are problematic especially in the blocks east of Bridge Street. Conclusion: The factor of deleterious land-use or layout is present to a meaningful extent in one block and to a limited extent in five blocks and therefore is present to a limited extent. I . Lack of Community Planning As defined in the Act, "lack of community planning" means that the proposed redevelopment project area was developed prior to or without the benefit or guidance of a community plan. This means that the development occurred prior to the adoption by the municipality of a comprehensive or other community or central area plan or that the plan was not followed at the time of the area's development. This factor must be documented by evidence of adverse or incompatible land-arse relationships, inadequate street layout, improper subdivision, parcels of inadequate shape and size to meet contemporary development standards, or other evidence demonstrating an absence of effective community planning. Most of the Project Area was developed from the late 1800s through the mid-1900s on a parcel- by-parcel and building-by-building basis. Development occurred prior to the benefit of a comprehensive, community plan, or guidelines requiring proper land use arrangements, building setbacks and loading or service requirements (the City's first Comprehensive Plan was adopted in 1974). Evidence of this lack of community planning includes: (i) incompatible mixes of residential, commercial and industrial uses without appropriate buffers, screening or segregated access for parking, loading and service; (ii) inadequate street size and layout in several portions of the Project Area which makes circulation and access difficult and confusing; (iii) the location of the rail right-of-way coupled with a steep ascending grade from Hydraulic Avenue south which inhibits pedestrian and vehicular movement as well as development potential; and (iv) parcels of inadequate size and shape for existing uses, lack of accessibility for servicing buildings and businesses, lack of proper building setbacks, building conversions and incompatible uses. Conclusion: Lack of community planning as a factor is present to a meaningful extent in the Project Area. Downtown Yorkville Redevelopment Project Area Tax Increment Financing Eligibility Study Exhibit I,page 17 Yorkville,Illinois March 17,2006 J. Declining or Lagging Equalized Assessed Valuation As defined in the Act, a "declining or lagging equalized assessed valuation"means that the total equalized assessed value of the proposed redevelopment project area has declined for 3 of the last 5 calendar years for which information is available or is increasing at an annual rate that is less than the balance of the municipality for 3 of the last 5 calendar years for which information is available or is increasing at an annual rate that is less than the Consumer Price Index for All Urban Consumers published by the United States Department of Labor or successor agency for 3 of the last 5 calendar years for which information is available. Table 2: Growth of the Project Area vs.the City of Yorkville Downtown Yorkville TIF Redevelopment Project Area Total EAV of the City of Yorkville Total EAV of the Year (excluding Project Area %°thane Project Area %change 1999 105,966,834 4,445,234 2000 113,055,648 6.7% 4,608 079 3.7% 2001 130,447,353 15.4% 4,754,390 3.2% 2002 162,750,061 24.8% 5,007,993 5.3% 2003 196,254,810 20.6% 1 5,066,525 1.2% 2004 232,856,122 18.6% 5,500,355 8.6% In each of the years between 1999 and 2004, the growth rate of the total equalized assessed valuation ("EAV") of the Project Area lagged behind the growth rate in the total EAV of the balance of the City as a whole(total EAV of the City less total Project Area EAV). Conclusion: The factor of"declining or lagging equalized assessed valuation" is present to a meaningful extent and reasonably distributed throughout the Project Area, Downtown Yorkville Redevelopment Project Area Tax Increment Financing Eligibility Study Exhibit 1,page 18 Yorkville,Illinois March 17,2006 V. ELIGIBILITY CONCLUSIONS The Project Area meets the requirements of the Act for designation as a "conservation area." In addition to the prerequisite factor of age, there is a meaningful presence and a reasonable distribution of five of the thirteen factors listed in the Act.These include: 1. Obsolescence 2. Deterioration 3. Inadequate utilities 4. Declining or lagging equalized assessed valuation 5. Lack of community planning Additionally, there are five factors present to a lesser degree but support the conservation area finding,including: 1. Dilapidation 2. Excessive vacancies 3. Excessive land coverage and overcrowding of community facilities 4. Deleterious land use or layout 5. Structures below minimum code standards The location and distribution of conservation area factors are outlined in Table 3. The conclusion of the Eligibility Study is that the Project Area is in need of revitalization and redevelopment to ensure that it will contribute to the long-term physical, economic, and social well-being of the City. The presence of conservation factors in the Project Area indicates that the Project Area has not been subject to sound growth and development through investment by private enterprise, and would not reasonably be anticipated to be redeveloped without public action. Downtown Yorkville Redevelopment Project Area Tax Increment Financing Eligibility Study Exhibit 1,page 19 Yorkville,Illinois—March 17,2006 Table 3. Distribution of Conservation Area Factors * d m m e A e R 1 L > O 9 y O 7 L ca L N 0 C Tax Block y m v p i d y 9 u A Y Number** 00 — K x > Q G O C rn w w 153 • O • O • O • • 154 • O O • • • • O • • 155 • • • • • O • O • • 156/177 • O • O O • • • • • 157/301/430 O O • • • 158/304 • O • O O • • • 176 • O • • • 252 O O • O • • • 278 O • • • • • 279 • O • • • • O • • 280 • O • • • 281 • • • • 282 • O O O O • • • 283 • O • O O • • • • 287 • • • • • • 291/292/429 • • O • • • 307/178 • O • O • • • 326/376 • O O • • O • O • • 433 • O O • • • • • Meaningful Presence O Limited Presence *This factor is assessed on a Project Area-wide basis ** Blocks without buildings are not included Downtown Yorkville Redevelopment project Area Tae Increment Financing Eligibility Stndy Exhibit 1,page 20 Yorkville,Illinois March 17,2006 EXHIBIT II: DOWNTOWN YORKVILLE TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA HOUSING IMPACT STUDY DOWNTOWN YORKVILLE TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA HOUSING IMPACT STUDY UNITED CITY OF YORKVILLE, ILLINOIS March 24, 2006 Prepared by: Ehlers & Associates, Inc. TABLE OF CONTENTS INTRODUCTION TO ASSESSMENT OF HOUSING IMPACT...................................................................I PARTI..................................................................................................................................................................4 (1)NUMBER AND TYPE OF RESIDENTIAL UNITS..................................................................................................4 (II)NUMBER AND TYPE OF ROOMS WITHIN UNITS..............................................................................................4 (III)NUMBER OF INHABITED UNITS....................................................................................................................5 (IV)DEMOGRAPHICS AND RACE AND ETHNICITY OF RESIDENTS........................................................................6 PARTI1.................................................................................................................................................................8 (I)NUMBER AND LOCATION OF UNITS TO BE REMOVED.....................................................................................9 (II)RELOCATION PLAN.....................................................................................................................................10 (III)REPLACEMENT HOUSING...........................................................................................................................12 (IV)RELOCATION ASSISTANCE.........................................................................................................................14 Introduction to Assessment of Housing Impact The purpose of this report is to conduct a Housing Impact Study for the Downtown Yorkville Tax Increment Financing Redevelopment Project Area ("Redevelopment Project Area") in the United City of Yorkville, Kendall County, Illinois (the "City") as set forth in the Tax Increment Allocation Redevelopment Act (the "Act") 65 ILCS 5/11-74.4-1 et seq., as amended. The Redevelopment Project Area encompasses most of Downtown Yorkville and generally includes the north and south frontage of Hydraulic Street from the corporate boundary on the east to the White Oak Way subdivision on the west; the northern frontage of Van Emmon Street from Adams Street on the west to the corporate boundary on the east; the southern frontage of Van Emmon Street from Main Street on the west to the corporate boundary on the east; the frontage of Bridge Street from the Fox River on the north to Fox Street on the south; and the eastern frontage of Main Street from the Fox River on the north to Fox Street on the south. The Redevelopment Project Area is shown in Figure 1. The Act requires that if the redevelopment plan for a redevelopment project area would result in the displacement of residents from 10 or more inhabited residential units, or if the redevelopment project area contains 75 or more inhabited residential units and the City is unable to certify that no displacement of residents will occur, the City shall prepare a Housing Impact Study and incorporate the study into the separate feasibility report required by subsection 11-74.4-5(a) of the Act, which for the purposes hereof shall also be the "Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan," or "Redevelopment Project and Plan," or the "Redevelopment Plan." The Redevelopment Plan incorporates this document by reference. As of January 1, 2006, the Redevelopment Project Area has 63 buildings with residential uses, and 143 total dwelling units within its boundary. The primary goal of the Redevelopment Project and Plan is to reduce or eliminate conditions that qualify the redevelopment area as a conservation area and to provide the direction and mechanisms necessary to revitalize the Redevelopment Project Area as a cohesive and vibrant mixed-use district. The Redevelopment Plan provides for public projects that may be accomplished through normal market transactions with property owners and does not provide for acquisition of property or homes by the City through eminent domain. Public projects and new development and redevelopment by the private sector, with or without incentives from the City, will likely result in the displacement of inhabited residential units. Therefore, the City cannot certify that no displacement will occur over the 23-year term of the Redevelopment Project Area and a housing impact study is required. Downtown Yorkville Tax Increment Financing Redevelopment Project Area Exhibit 11,page I Housing Impact Study, Yorkville,IL March 24,2006 Under the provisions of the Act, Part I of the housing impact study shall include: (i) Data from field surveys and census data as to whether the residential units are single-family or multi-family units; (ii) Documentation of the number and type of rooms within the units, provided that information is available; (iii) Documentation of whether the units are inhabited or uninhabited, as determined not less than 45 days before the date that the ordinance or resolution required by subsection (a) of Section 11-74.4-5 of the Act is passed; and (iv) Data as to the racial and ethnic composition of the residents in the inhabited residential units. (This data requirement shall be deemed to be fully satisfied if based on data from the most recent federal Census). Part II of the housing impact study identifies the inhabited residential units in the proposed redevelopment project area that are to be, or may be, removed. If inhabited residential units are to be removed, then the housing impact study shall identify: (i) The number and location of those units that may be removed; (ii) The municipality's plans for relocation assistance for those residents in the proposed redevelopment project area whose residences may be removed; (iii) The availability of replacement housing for those residents whose residences may be removed, and identification of the type, location, and cost of the replacement housing; and (iv) The type and extent of relocation assistance to be provided. Downtown Yorkville Tax Increment Financing Redevelopment Piroject Area Exhibit 11,page 2 Housing Impact Study, Yorkville,IL March 14,2006 ........................ q C• � � a C : d .. LaP •�$ �0 to 0. a � � a LIP Latr oP no ,.P Itr 9 OIP � ❑❑❑❑O R 1pS TOW p L lEOla1S Sf1S0♦&i p U 5 LL pD J q P � 9 9 IIP $ A � p d S curs somas �L ,sLoo-Lao 'nTaa xot o a m n iz- p z $ 8 JAI ('- VV `° 'tsvivu g '.IS WYOV � N J U)ZU s W� s ui 0 PART I Part I of this study provides the type, size and number of residential units within the Redevelopment Project Area; the number of inhabited and uninhabited units, and the racial and ethnic composition of the residents in the inhabited residential units. (1) Number and Type of Residential Units The number and type of residential buildings in the area were identified during the building condition and land use survey conducted as part of the eligibility analysis for the Redevelopment Project Area. In order to identify residential units in the field, Ehlers and Associates utilized several methods, including counts of door buzzers, mailboxes, windows, contacting management companies, and other indicators. This survey, completed in December 2005, revealed that the Redevelopment Project Area contains 63 residential buildings containing approximately 143 total dwelling units, including 40 single-family homes and 103 dwelling units in multi-family or mixed- use buildings. (ii) Number and Type of Rooms within Units The distribution within the Redevelopment Project Area of the 143 residential units by number of rooms and by number of bedrooms is estimated in tables within this section. The methodology to estimate this information is described below. Methodology In order to estimate the distribution of residential units, by number and type of rooms, within the Redevelopment Project Area, Ehlers and Associates analyzed 2000 U.S. Census data by Block Groups for the Block Group encompassed by the Redevelopment Project Area. A Block Group is a combination of U.S. Census blocks, and is the lowest level of geography for which the U.S. Census Bureau tabulates sample, or long-form, data. The U.S. Census data for the Block Group 2 containing the Redevelopment Project Area has 79 renter-occupied units. We have relied on the 2000 U.S. Census Block Group sample data for renter occupied households because it is the best available information regarding the structures and residents of the Redevelopment Project Area. These Block Group data show the distribution of renter-occupied housing units by the number of bedrooms and the total number of rooms within each unit. The estimated distribution of units by bedroom type and number of rooms are as follows: Downtown Yorkville Tax Increment Financing Redevelopment Project Area Exhibit II,page 4 Housing Impact study, Yorkville,IL March 14,2006 Table 1. Units by Bedroom Type Block Group 2,U.S. U.S.Census Tract 8906, Census Tract 8906, Redevelopment Project Kendall County,Illinois Kendall County,Illinois Area Total: 2,008 476 143 Owner occupied: 1,614 397 119 No bedroom 0 0 0 1 bedroom 18 0 0 2 bedrooms 268 37 11 3 bedrooms 739 161 49 4 bedrooms 517 169 51 5 or more bedrooms 72 30 8 Renter occupied: 394 79 26 No bedroom 0 0 0 1 bedroom 32 8 2 2 bedrooms 165 0 0 3 bedrooms 108 35 12 4 bedrooms 59 18 6 5 or more bedrooms 30 1 18 1 6 .Source: L%.S. Census, Census 2000. Table H-42 Table 2. Units by Number of Rooms Block Group 2,U.S. U.S.Census Tract 8906, Census Tract 8906, Redevelopment Project Kendall County,Illinois Kendall County,Illinois Area Total: 2,078 486 143 No bedroom 0 0 0 1 room 50 8 3 2 rooms 1 469 1 42 1 12 3 rooms 875 201 60 4 rooms 582 187 54 5 rooms 102 48 14 Source: M Census, Census 2000, Table H-41 (iii) Number of Inhabited Units According to data compiled from the survey completed by Ehlers and Associates in December 2005 and evidence from the 2000 U.S. Census, the Redevelopment Project Area contains an estimated 143 residential units of which approximately 3 units (2.1%) are estimated to be vacant (this is based on the Census statistics since it provides a more conservative estimate than observed vacancies). Therefore, there are approximately 140 inhabited units within the Redevelopment Project Area. As required by the Act, this information was ascertained as of January 1, 2006, which is a date not less than 45 days prior to the date that the resolution or ordinance Downtown Yorkville Tar Increment Financing Redevelopment Project Area Exhibit 11,page 5 Housing Impact Study, Yorkville, IL March 24, 2006 required by Subsection 11-74.4-5 (a) of the Act was, or will be, passed (the resolution or ordinance setting the public hearing and Joint Review Board meeting dates). (iv) Demographics and Race and Ethnicity of Residents As required by the Act, the racial and ethnic composition of the residents in the inhabited residential units was determined by using 2000 U. S. Census data. The average household size for renters within the Block Group which includes the Redevelopment Project Area was 3.05 persons for owner occupied units and 2.17 persons for renter-occupied units. Therefore, there are an estimated 423 residents living within the proposed boundaries. The race and ethnic composition of these residents are estimated as follows: Table 3. Race and Ethnicity Block Group 2,U.S. U.S.Census Tract 8906, Census Tract 8906, Redevelopment Project Kendall County,Illinois Kendall County,Illinois Area Total: - 2,008 476 143 Owner occupied: 1,614 397 119 Householder who is White alone 1597 389 117 Householder who is Black or African American alone 0 0 0 Householder who is American Indian and Alaska Native alone 0 0 0 Householder who is Asian alone 0 0 0 Householder who is Native Hawaiian and Other Pacific Islander alone 0 0 0 Householder who is Some other race alone 17 8 2 Householder who is Two or more races 0 0 0 Renter occupied: 394 79 24 Householder who is White alone 372 79 24 Householder who is Black or African American alone 0 0 0 Householder who is American Indian and Alaska Native alone 0 0 0 Householder who is Asian alone 0 0 0 Householder who is Native Hawaiian and Other Pacific Islander alone 0 0 0 Householder who is Some other race alone 0 0 0 Householder who is Two or more races 1 22 1 0 0 Source: U.S. Census, Census 2000 Downtown Yorkville Tax Increment Financing Redevelopment Project Area Exhibit 11,page 6 Housing Impact Study, Yorkville,IL March 24,2006 Table 4. Hispanic Origin Block Group 2,U.S. U.S.Census Tract Census Tract 8906, 8906,Kendall Kendall County, Redevelopment County,Illinois Illinois Project Area Total: 39 15 4 Owner occupied 24 8 2 Renter occupied 15 7 2 Source U.S. Census, Census 2000 Ehlers also has estimated the potential distribution by income of the households living in the inhabited units within the Redevelopment Project Area. In order to estimate the number of moderate-, low-, very low-, and very, very low-income households in the Redevelopment Project Area, Ehlers and Associates used Block Group data on renter-occupied household incomes from the 2000 U.S. Census. As determined by HUD, the definitions of the income categories, adjusted for family size, are as follows: (i) A very, very low-income household has an adjusted income of less than 30% of the area median income. (ii) A very low-income household earns between 30% and 50% of the area median income. (iii) A low-income household earns between 50% and 80% of the area median. (iv) A moderate-income household earns between 80% and 120% of the area median. Of all households residing within the U.S. Census Tract encompassed by the Redevelopment Project Area: 5% may be classified as very, very low-income or lower, 11% may be classified as very low-income, 8% may be classified as low income , and 26% may be classified as moderate-income households. Downtown Yorkville Tax Increment Financing Redevelopment project Area Exhibit 11,page 7 Hoaring Impact Study, Yorkville,1L March 24,2006 Table S. Distribution of Income by Renter and Owner Occupied Households U.S.Census Tract 8906,Kendall Redevelopment County,Illinois Project Area 1695 143 Owner occupied: 1,357 115 Less than$10,000 25 2 $10,000 to$19,999 22 2 $20,000 to$34,999 140 1 11 $35,000 to$49,999 225 30 $50,000 to$74,999 353 33 $75,000 to$99,999 387 42 $100,000 or more 205 17 Renter occupied: 338 28 Less than$10,000 8 1 $10,000 to$19,999 26 1 2 $20,000 to$34,999 50 4 $35,000 to$49,999 117 10 $50,000 to$74,999 94 8 $75,000 to$99,999 27 2 $100,000 or more 3 1 .Samre!.'S. Census 2000 Table 6. Distribution of Income by Poverty Status in the U.S. Census Tract of the Redevelopment Project Area Annual Income Rate Income Category Percentage (Average HH of 2 Persons Very,very low 5% $0-$18117 Very low 11% $18,118-$30,195 Low 8.2% $30,196-$48,313 Moderate 26% $48,314-$72,469 Subtotal of Moderate Income or Lower 50% $0-$60,391 Over 120M 50% +$60,391 Total 100% Source: U.S. Census, Census 2000 As described in Table 6, the estimates of households at or below the moderate- income level collectively represent 50% of the total inhabited units. The City will implement the "Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan" (including the requirements applicable to composition of the joint review board under Section 11-74.4-5(b) of the Act) as if more than 50 percent of the residential units are occupied by very, very low-, very low-, low-, or moderate-income households. Downtown Yorkville Tax Increment Financing Redevelopment Project Area E.rhibit 11,page 8 Housing Impact Study, Yorkville,IL March 24,2006 PART II (i) Number and Location of Units to be Removed The Redevelopment Plan calls for new development and redevelopment of commercial, residential and mixed—use commercial/residential uses throughout the Redevelopment Project Area consistent with the City's 2002 Comprehensive Plan and the City's 2005 Downtown Vision Plan. Improvement projects supported by the Redevelopment Plan include the rehabilitation and reuse of existing sound residential and commercial buildings; new residential development; new commercial and mixed— use development; and .creation and enhancement of community facilities and amenities. Because the Redevelopment Project Area includes a number of inhabited residential units that may be impacted by implementation of the Redevelopment Plan, information is provided regarding the Redevelopment Plan's potential impact on housing. The Redevelopment Project, presented in Section V of the Redevelopment Plan, identifies the overall redevelopment concept and future land uses to be in effect upon adoption of the Redevelopment Plan. If public or private redevelopment occurs as a result of the Redevelopment Project and Plan, displacement of inhabited residential properties may result. Properties that may be subject to change due to redevelopment efforts could result in the displacement of 66 residential units in 31 buildings. In addition to being located in key redevelopment opportunity areas, several of these buildings are also characterized as seriously deteriorated. The location for each of the properties with inhabited residential units that may be subject to displacement is shown in Table 7 and Figure 2. Downtown Yorkville Tax Increment Financing Redevelopment Project Area Exhibit II,page 9 Housing Impact Study, Yorkville,IL March 24,2006 Table 7. Properties with inhabited residential units that may be subject to displacement Parcel Address #of Units 05-38-279-007 109 Bridge 20 05-38-279-002 119/125 W.Hydraulic 4 05-38-278-010 2071209 W.Hydraulic 4 05-38-278-005/009 209 W.Hydraulic 7 05-38-281-001 308 W.Hydraulic 1 05-38-281-002 201 S. State 1 05-38-281-003 203 S. State 1 05-38-281-006 207 S.State 1 05-38-281-007 307 W.Van Emmon 1 05-38-282-001 208 W.Hydraulic 1 05-38-282-003 201 W.Van Emmon 1 05-38-282-003 207 W.Van Emmon 1 05-38-282-004 207 S.Main/201 W.Van Emmon 2 05-38-282-005 204 W.Hydraulic 1 05-38-283-002 117 W.Van Emmon 1 05-38-283-003 201/203 S.Bridge 2 05-38-283-oo4 223 S.Bridge 1 05-38-283-007/010 213/215 S.Bridge 2 05-38-283-011 217 S. Bridge 1 05-38-283-012 219 S.Bridge 1 05-38-287-002 122 W.Van Emmon 1 05-39-153-003 109 E.Hydraulic 2 05-39-154-002 208 S.Bridge 1 05-39-154-008 226 S.Bridge 1 05-39-156-005 301 E.Van Emmon 1 05-39-156-006 305 E.Van Emmon 1 05-39-156-007 307 E.Van Emmon 1 05-39-156-010 300 E.Hydraulic 1 05-39-157-007 301 S.Heustis 1 05-39-157-008 303 S.Heustis 1 05-39-177-012 315 E.Van Emmon 1 Total units: 66 (ii) Relocation Plan The City's plan for relocation assistance for those qualified residents in the Redevelopment Project Area whose residences may be removed shall be consistent with the requirements set forth in Section 11-74.4-3(n)(7) of the Act. The terms and conditions of such assistance are described in subpart (iv) below. No specific relocation plan has been prepared by the City as of the date of this report because no project has been approved by the City. Until such a redevelopment project is approved, there is no certainty that any removal of residences will actually occur. Downtown Yorkville Tac Increment Financing Redevelopment Project Area Exhibit II,page 10 Housing Impact Study, Yorkville,IL March 24, 2006 $ -- F a - , � lqn DIX b Z 8 ® 1 v i Q +ewvw � rn •�- NYpxp� b � W ti N W N 0 16 N -N ro C Y/i U v _ m � w 0 w 1 W $ R' < N N ro T N 0 b E W rt 2N w w < --- ro o c W ro > 0 (iii) Replacement Housing In accordance with Subsection 11-74.4-3(n)(7) of the Act, the City shall make a good faith effort to ensure that affordable replacement housing located in or near the Redevelopment Project Area is available for any qualified displaced residents. Under the potential redevelopment scenarios involving the redevelopment or rehabilitation of the existing residential uses within the Redevelopment Project Area, it is possible that rehabilitation or redevelopment could be staged to limit or prevent displacement of households and the need to provide for affordable replacement units within the Redevelopment Project Area. Based on the nature of redevelopment that could occur in the Redevelopment Project Area, it may be possible to locate replacement units both inside and outside of the Redevelopment Project Area. In order to determine the availability of replacement housing for those residents who may potentially be displaced by redevelopment activity, Ehlers and Associates examined several data sources, including vacancy data from the 2000 U.S. Census, apartment listings from local newspapers, and field research. A. Vacancy Data According to the 2000 U.S. Census figures, the Block Group surrounding and encompassing the Redevelopment Project Area contained 486 housing units, of which 10 were vacant and/or for rent in 2000. Table 8 summarizes the distribution of vacant residential units in the Block Group of the Redevelopment Project Area by vacancy status, as compared to the City of Yorkville as a whole. Table 8. Vacancy Status U.S.Census Block Group 2, Redevelopment Yorkville Tract 8906, U.S.Census Project Area City, Kendall Tract 8906, Illinois County, Kendall Illinois County, Illinois Total: 70 10 2 81 For rent 12 0 0 39 For sale only 19 10 2 2 Rented or sold, not occupied 20 0 0 28 For seasonal, recreational, or occasional use 19 0 0 12 For migrant workers 0 0 0 0 Other vacant 0 1 0 0 0 Source: US Census, Census 2000, Table H-8 B. Availability of Replacement Rental Housing Two methods of research were used to quantify the amount of available rental housing within the general area of the Redevelopment Project Area. One method included a review of local newspaper listings. The location, type and cost of a sample of possible replacement rental housing units located within the City of Yorkville were determined through the examination of classified advertisements from the Beacon News, Kendall County Recorder, Chicago Tribune and apartments.com during the week of February 27, 2006. Available rental units Downtown Yorkville Tax increment Financing Redevelopment Project Area Exhibit 11,page 12 Housing impact Study, Yorkville,1L March 24,2006 identified within the market area for the Redevelopment Project Area are summarized in Table 9. Table 9. Available Replace ent Rental Units, Week of February 27, 2006 Approximate Utilities included in Address T' a Size rental price Rental Price Availability 1 Yorkville Townhome 2 bedroom No $1295 asap 2 Yorkville Townhome 3 bedroom No $1250 asap Yorkville Condo 1 bedroom No $1095 asap 3 4 Yorkville Condo 2 bedroom No $1295 asap 5 Yorkville Condo 1 bedroom Yes $1195 asap 6 Yorkville Condo 1 bedroom No $1150 asap 7 302 E. Kendall Drive. Apartment 1-3 bedrooms No $990-$1570 asap 6 302 Mulhern Ct. Apartment 1-2 bedrooms No $680-$815 asap 9 Yorkville Bristol Single Family 3 bedroom No $1450 asap Information is based on Beacon News,Kendall County Recorderand apartments.com classiried sample conducted during the week of February 27,2006. HUD affordability standards state that monthly rent, including utilities, should equal no more than 30% of gross household income. The range of maximum affordable monthly rents, according to HUD standards, is shown in Table 10 in comparison with the number of advertised vacant units by bedroom size and rent (where information was available) for rental housing found in our research. The information in Table 10 demonstrates that there are housing units affordable to households of low- and moderate-income currently available in the general market area that includes the Redevelopment Project Area. Table 10. Maximum Monthly Rent(including Utilities Affordable to Income Bracket Maximum Monthly Rent(Including Utilities) - Affordable to Income Bracket Number Implied Very,Very Very Low Low Moderate observed Units of BRs Family Low Range of Identified Size[1] Advertised [3] Units[2] 0 1 $396 $660 $1056 $1583 We 0 1 1.5 $424 $706 $1131 $1697 $580-1195 10 2 3 $509 $848 $1357 $1775 $815-1295 7 3 4.5 $588 $980 $1568 $2352 $1250-1570 8 4 6 $656 $1093 $1749 $2624 n/a 0 Total Number of Vacant Units in Sample 25 Ol Derived from the number of bedrooms usbig HLD formulas. I21 Based on a sample of apartments located in Yorlrville.IL.It is a compilation of units advertised in the Beacon trews and Kendall County Recorder, and apartments.com during the week ofFebruan,27, 1006. I31 Refers to the number of units in the sample taken by Ehlers and Associates. In addition to our search for market-rate apartments, we estimated the number of assisted affordable housing units available within Kendall County. Ehlers consulted Downtown Yorkville Tax Increment Financing Redevelopment Project Area Exhibit Il,page 13 Housing Impact Study, Yorkville,IL March 24,2006 United States Department of Housing and Urban Development and Illinois Housing Development Authority sources regarding the availability of these units in Kendall County. For purposes of this analysis, affordable housing includes units affordable to households earning less than 80% of the regional median income adjusted for size of household, consistent with the Illinois Affordable Housing Act. Our research focused on units receiving some form of assistance from the Illinois Housing Development Authority or the U.S. Department of Housing and Urban Development. Over one hundred units of subsidized housing for family households were identified in the surrounding communities in Kendall County'. C. Availability of Replacement Single-Family, For-Purchase Housing Available single-family homes "for purchase" identified within the neighborhood market area of the Redevelopment Project Area are summarized in Table 11. The average listed price for a single-family home in this area as of March 2006 is $217,533 and the average bedroom size is 3 bedrooms.'' Table 17. Availability of Replacement Sin le Family For Purchase Housing Approximate Address Type Size Asking Price 1 205 E. Main Street Single Family 3 bedroom $172,900 2 403 S. Main Single Family 2 bedroom $163,500 3 810 Morgan Street Single Family 3 bedroom $225,000 4 110 Fox St. Single Family 4 bedroom $239,000 5 507 Madison St. Single Family 3 bedroom $244,900 6 907 S. Main St. Single Family 3 bedroom $259,900 (iv) Relocation Assistance In the event that the implementation of the Redevelopment Plan results in the removal of residential housing units in the Project Area occupied by low-income households or very low-income households, or the permanent displacement of low- income households or very low-income households from such residential housing units, such households shall be provided affordable housing and relocation assistance not less than that which would be provided under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the regulations thereunder, including the eligibility criteria. Affordable housing may be either existing or newly constructed housing. The City is required by the Act to make a good faith effort to ensure that affordable replacement housing for such households is located in or near the Redevelopment Project Area. As used in the above paragraph, "low-income households," "very low-income households," and "affordable housing" have the meanings set forth in Section 3 of Illinois Housing Development Authority (http://www.ihda.org/map.aspx) Z Multiple Listing Service,March 8,2006,provided by Coldwell Banker for all properties currently listed in Yorkville,IL. Downtown Yorkville Tax Increment Financing Redevelopment Project Area Exhibit II,page 14 Housing Impact Study, Yorkville,IL Mach 24,2006 the Illinois Affordable Housing Act, 310 ILCS 6513 et seq., as amended. As of the date of this study, these statutory terms have the following meaning: (i) "low-income household" means a single person, family or unrelated persons living together whose adjusted income is more than 50% but less than 80% of the median income of the area of residence, adjusted for family size, as such adjusted income and median income are determined from time to time by the United States Department of Housing and Urban Development ("HUD") for purposes of Section 8 of the United States Housing Act of 1937; (ii) 'very low-income household" means a single person, family or unrelated persons living together whose adjusted income is not more than 50% of the median income of the area of residence, adjusted for family size, as so determined by HUD; and (iii) "affordable housing" means residential housing that, so long as the same is occupied by low-income households or very low-income households, requires payment of monthly housing costs, including utilities other than telephone, of no more than 30% of the maximum allowable income for such households, as applicable. The City of Yorkville will make a good faith effort to relocate these households to affordable housing located in or near the redevelopment project area and will provide relocation assistance not less than that which would be provided under the federal Uniform Relocation Assistance and Real Property Policies Act of 1970. Additionally, the City will take proactive measures to work with local housing agencies and organizations to ensure displaced residents find adequate housing. Downtown Yorkville Tar Increment Financing Redevelopment Prgiect Area Exhibit 11,page 15 Housing Impact Study, Yorkville,IL March 24,2006 EXHIBIT III: DOWNTOWN YORKVILLE TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA LEGAL DESCRIPTION JAMES M. OLSON ASSOCIATES, LTD. Illinois Professional Land Surveyors Land Surveyors&Land Planners 107 West Madison Sheet Yorkville, Illinois 60560 Phone: 630553-0050 Fax: 630-553-0964 March 24, 2008 Legal Description for City of Yorkville Downtown TiF District That part of Section 32 and part of the West Half of Section 33, Township 37 North, Range 7 East of the Third Principal Meridian described as follows. Commencing at the Northwest comer of the Northeast Quarter of Section 4, Township 36 North, Range 7 East of the Third Principal Meridian, thence North 01°11'52"East par-allot with the East line of the Southwest Quarter of said Section 33, a distance of 1356.81 test to a point on the South line of a tract described in a Quit Claim Deed from Palos Bank and Trust Company, Trust No. 1-1620 to Bruce 0. and Virginia J. Buhrmaster, his wife, recorded as Document No. 83-5890 an December 23, 1983 Which is 45.43 feet westerly, as measured along said South line, of the Southeast comer of said tract; thence South 88148'09"East 45.43 feet to said southeast comer, thence North 88 048'09"West along said South line 415.06 feet to a westerly line of said tract; thence North 0101 V52"East along said westerly line 246.0 feet to a southerly line of said tract; thence North 88048'09"West along said southerly line to the West line of the former Fox and Illinois Union Raltway Company right-of way; thence North 08°10'52"East along said West tine to an old claim line"drawn southeasterly from the Southeast comer of Price's First Addition to Yorkville; thence northwesterly along said"old claim line"486.54 feet to the Southeast comer of said Prices'Addition; thence northerly along the East line of said Price's Addition 367.63 feet to the Northeast comer thereof, thence westerly along the North line of said Price's Addition 526.3 feet to the midpoint on the South line of Block 13 of Black's Addition to Yorkville; thence northerly 297.85 feet to the midpoint on the North line of said Block 13; thence westerly along the South line of VanEmmon Street 119.50 feet to the East line of Mill Street thence southerly along said East line to the South line of Lot 6 in `Ter-Jac Subdivision"extended easterly,- thence westerly along said extended South line, said South line and said South line extended westerly 164.5 feet to the West line of the East 6 feet of Lot 1 in said `Ter-Jac Subdivision thence southerly along said West line 84.11 feet to the South line of said Lot 1; thence westerly along said South line of Lot 1 a distance of 190.0 feet to the West line of Heustis Street; thence northerly along said West line to a point which is JAMES M.OLSON ASSOCIATES,LTb. Illinois Professional Land Surveyors Land Surveyors 6 Land Planners 107 West Madison Sheet Yorkville, Illinois 60560 Phone.' 630-5510050 Fax- 630-55&0964 234.30 feet southerly of as measured along said West line, the South line of VanEmmon Street, thence westerly along a line which forms an angle of 92°16'with the last described course, measured clockwise therefrom, 175.0 feel; thence southerly parallel with said West line of Heustis Street 60.0 feet; thence westerly parallel with the penultimate course 52.0 feet thence southerly along a line which forms an angle of 88023'with the last described course, measured clockwise therefrom, 263.50 feet thence westerly along a line which forms an angle of 88°44'with the last described course, measured counterclockwise therefrom, 188.0 feet to the East line of Bell Street; thence southerly along said East line 259.04 feet to the South line of Fox Street,• thence westerly along said South line of Fox Street to the East Line of Illinois State Route No. 47; thence southerly along said East line to the South line of Lot 6 in Block 5, Mason's Addition to Yorkville'thence westerly along the South line of lots 6 and 7 in said Mason's Addition to the West line of said Route No. 47,• thence southerly along said West line to the South line of a tract of land described in a deed recorded January 28, 1988 as Document 880498; thence westerly along the south line of said tract and the south line of a tract described in a deed recorded February 6, 1990 as Document 900871 to the west line of Lot 5 in Block 11 of the Original Village of Yorkville extended southerly, thence northerly along the West line of Lots 5 and 4 in said Block 11 to the Southeast comer of Lot 2 in said Block 11; thence westerly along the South line of said Lot 2 and said South line extended to the West line of South Main Street thence northerly along said West line to the South line of VanEmmon Street; thence westerly along said South line to the East line extended southerly of Lot 3 in Block 4 of Black's Addition to Yorkville extended southerly, thence northerly along said extended East line and said East line to the Northeast comer of said Lot 3, thence northerly along the East line of Lot 4 in said Addition 40.30 feet thence easterly along a line which forms an angle of 89°15'with the fast described course, measured counterclockwise therefrom, 38.8 feet; thence northeasterly along a line which forms an angle of 136°00'with the last described course, measured clockwise therefrom, 14.1 feet,•thence northerly along a line which forms an angle of 225°57'with the last described course, measured counterclockwise therefrom 32.0 feet; thence easterly along a line which fonts an angle of 109°53'with the last described course, measured counterclockwise therefrom, 64.33 feet to the West line of Adams Street; thence northerly along said West line 27.0 feet to the North line of said B lock 4; thence westerly along said North line 223.82 feet to the JAMES M. OLSON ASSOCIATES,LTD. Illinois Professional Land Surveyors Land Surveyors&Land Planners 107 West Madison Street Yorkville, Illinois 60560 Phone: 630-553-0150 Fax: 630-553-0964 East line of Morgan Street thence southerly along said East line 240.55 feet to the center line of VanEmmon Street; thence westerly along said center line and the center line of vacated VenEmmon Street and said center line extended westerly to the East line of tot 3 in Block 24 of said Black's Second Addition; thence northerly along said east line to the south line of the north 143.0 feet to said lot 3; thence westerly along the south line of the northerly 143.0 feet of Lots 3 and 4 in said Block 24 to the west line of said Lot 4; thence southerly along said west line to the north line of Madison Court; thence westerly along said north line to the west line of Madison Court; thence southerly to the Northeast comer of Block 23 in said Black's Second Addition; thence westerly along the North line of said Block 23 a distance of 198.0 That to the Northwest comer thereof thence southerly along the West line of said Block 23 a distance of 190.0 feet to the South line of Madison Street extended westerly; thence westerly along said extended South line 58.22 feet to a line drawn parallel with and 100.0 feet westerly of the West line of Lot 7 in Block 21 in said Black's Second Addition; thence southerly along said parallel line 99.91 feet to the South line extended westerly of said Lot 7; thence westerly along said extended South line 172.07 feet to the East line of White Oak Farm Unit 1; thence northerly along said East line, said East line extended and the East line of White Oak Farm Unit 2 to the southerly bank of the Fox River, thence easterly along said southerly bank to a line drawn South from the confluence of Blackberry Creek; thence North along said line to the North bank of the Fox River, thence easterly along said North bank to the eastern corporate limits of the United City of Yorkville, thence southerly along said corporate line to Me East line of the Southeast Quarter of said Section 33,• thence southerly along said East line to the point of beginning in the United City of Yorkville, Kendall County, Illinois. STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE No.2006- ORDINANCE AMENDING CITY CODE TITLE 10--ZONING, CHAPTER 13—PLANNED UNIT DEVELOPMENT Whereas the United City of Yorkville has taken up, discussed and considered amending the City Code (Title and Chapter as referenced above)by completely rewriting said Title 10, Chapter 13 Planned Unit Development, and Whereas the Mayor and City Council have discussed that it may be prudent to amend Title 10 --Zoning, Chapter 13 --Planned Unit Development by deleting the current text of Chapter 13 in its entirety, and in its place substituting a new Chapter 13, Planned Unit Development as depicted on the attached Exhibit"A". NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,upon Motion duly made, seconded and approved by a majority of those so voting,that Title 10 --Zoning, Chapter 13 -- Planned Unit Development, of the City Code of the United City of Yorkville is hereby amended by deleting the current text of Chapter 13 in its entirety, and in its place substituting a new Chapter 13, Planned Unit Development as depicted on the attached Exhibit"A". This Ordinance shall be effective upon its passage. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville,Kendall County, Illinois,this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Exhibit "Al) Exhibit "A" is the information that was in your COW packet on May 16`h as EDC #2. STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE AUTHORIZING THE EXECUTION OF RECAPTURE AGREEMENT (River's Edge Subdivision) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois,to enter into a Recapture Agreement regarding work done by S & K Development, LLC generally in furtherance of the River's Edge Subdivision, and WHEREAS, a copy of said Recapture agreement is attached hereto, and incorporated by reference herein as Exhibit"A",explaining the terms conditions, and both legal and engineering rational for the agreement, and WHEREAS, said agreement, and this Ordinance shall be recorded to become a record of title for the effected areas, and WHEREAS, said Recapture Agreement(Exhibit"A")has been drafted and has been considered by the City Council; and WHEREAS, the S &K Development,LLC are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and Page 1 of 3 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS,AS FOLLOWS; Section 1: The preambles are set forth herein. Section 2: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City,the Recapture Agreement set forth in Exhibit"A" copy of which Recapture Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2006, MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Page 2 of 3 Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 May 1, 2006 PREPARED BY and RETURN TO: Thomas W. Grant 200 Hillcrest Avenue P O Box 326 Yorkville, IL 60560 Location and P.I.N. Numbers of Benefited Properties: See attached Exhibit "B" RECAPTURE AGREEMENT RIVER'S EDGE SUBDIVISION WATER MAIN RECAPTURE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS THIS RECAPTURE AGREEMENT is made and entered into this day of , 2006, between the UNITED CITY OF YORKVILLE, an Illinois Municipal Corporation, herein referred to as "City", and S & K DEVELOPMENT, LLC, (hereinafter referred to as the "Developer"). RECITALS WHEREAS, S & K DEVELOPMENT, LLC as the owner of property legally described on Exhibit "A", attached hereto and made a part hereof, the "Subject Property", has heretofore developed the property into a residential subdivision known as RIVER'S EDGE SUBDIVISION, YORKVILLE, KENDALL COUNTY, ILLINOIS; and WHEREAS, in developing the Subject Property, the Developer agreed to design, construct and install at its sole expense certain public improvements, generally described as the River's Edge Watermain, which are specified in the engineering plans for the Subdivision developed on the Subject Property and required by the terms of the Annexation Agreement; and WHEREAS, Developer has completed the construction and installation of the River's Edge Watermain and has expended the funds for the completion of the River's Edge Watermain; and WHEREAS, in addition to the Subject Property, there are other parcels of developed and undeveloped property which will be benefited by the River's Edge Watermain, or a branch thereof, which properties are described in Exhibit "B" and in Exhibit "C" (hereinafter referred to as the `Benefited Properties"); and WHEREAS, the Developer agreed to pay the total costs of the River's Edge Watermain provided that the City seek reimbursement from owners of the Benefited Properties in accordance with the terms of the Annexation Agreement and the terms this Agreement; and WHEREAS, the Subject Improvements have been installed and completed and the City has determined that the costs of the River's Edge Watermain Improvements are reasonable, and that such costs have been fairly and reasonably apportioned between the Developer and the owners of the Benefited Properties; and WHEREAS, the parties have determined that it is necessary, convenient and desirable to enter into this Agreement to ensure that owners of the Benefited Properties pay their fair share of the River's Edge Watermain Improvements on the basis of the 2 actual costs incurred by the Developer, which actual costs include the Developer's reasonable engineering expenses plus interest as provided herein; and WHEREAS, the City enters into this Recapture Agreement in accordance with the provisions of 65 ILCS 5/9 5-1. NOW, THEREFORE, in consideration of the foregoing premises, and in further consideration of the mutual covenants, agreements and conditions herein contained, the parties hereto agree as follows: SECTION 1: The foregoing recitals are substantive and are incorporated in the body of this Agreement. SECTION 2: The City shall collect from the owners of the Benefited Properties that portion of the actual total costs incurred by the Developer in the engineering and construction of the River's Edge Watermain which are apportioned to the Benefited Properties as shown on Exhibit "D" ("Recapture Amount"). Interest at the rate of 5% simple interest per annum shall be included in the Recapture Amount from the date of completion of the Improvements to the date a Benefited Property owner becomes liable for payment therefore as provided in Section 3 and makes said payment, or until twenty years from the date of this Agreement, whichever occurs first. (For clarification, 5% of the original principal amount, $170,000.00, or the remaining principal amount as the recapture amount is partially paid down, will be added each year to the recapturable amount.) The City shall remit to the Developer all funds received from the owners of the Benefited Properties, hereinafter "Recapture Payments" within ten (10) days of receipt. SECTION 3: An owner of a Benefited Property shall become obligated to 3 pay the required Recapture Amount as to the Williamsport properties and the Christie properties upon the earlier of approval of a Final Plat or Final Development Plan for any portion of the benefited property or the issuance of the first building permit for the construction of improvements on any part of the benefited property, and as to the FoxLawn Subdivision properties, upon the issuance of individual permits for connection of individual lots to a watermain or water line connected to and drawing water from the City of Yorkville Municipal Water System. SECTION 4: The City may condition annexation and subdivision and issuance of any building, occupancy, connection, or access permits upon payment of the designated share of the Recapture Amount by the owner or owners of the Benefited Properties making use of or benefiting from the Improvements. SECTION 5: The City's obligation to deliver the Recapture Amount or any Recapture Payments collected pursuant to this Agreement constitutes a limited obligation of the City, payable solely from the amounts received by the City from the owners of Benefiting Properties. This obligation does not now and shall never constitute a general indebtedness of the City within the meaning of any State of Illinois constitutional or statutory provision or give rise to any pecuniary liability of the City. SECTION 6: The City shall endeavor in good faith to enforce the provisions of this Agreement. However, the parties recognize the possibility of omissions or errors. The Developer agrees that the City shall not be liable in any way in the event that the City fails, for any reason whatsoever, to collect or enforce payment of the Recapture Amount. Further, the Developer shall indemnify, defend and hold harmless the 4 City, its officers, agents and employees, from any and all actions, claims, demands or judgments (including attorneys fees) arising out of the existence, terms, administration, enforcement or attempted enforcement of any provision of this Agreement. The Developer shall prosecute or defend any action, proceeding, or cause, legal or otherwise, that may arise out of the existence, terms, administration, enforcement or attempted enforcement of any provisions of this Agreement. SECTION 7: Except as otherwise herein provided, this Agreement shall inure to the benefit of, and be binding upon, the parties, their successors and assigns. In the event any part or portion of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining portions hereof shall continue in full force and effect. SECTION 8: The City agrees to approve this Agreement by Ordinance or Resolution. This Agreement shall become effective upon its execution by the parties and the recording of the Agreement and Ordinance or Resolution with the Recorder of the County of Kendall County, Illinois. The benefits conferred by this Agreement shall expire twenty (20) years from the date of final execution hereof by the parties hereto. SECTION 9: This Agreement shall in all respects be subject to and construed in accordance with and governed by the laws of the State of Illinois. Venue for any action arising out of the terms or conditions of this Agreement shall be proper only in the Circuit Court for the Sixteenth Judicial Circuit, Kendall County, Illinois. SECTION 10: All payments and notice to the Developer under this Agreement shall be sent by regular U.S. mail, postage paid to: 5 S & K Development LLC 586 Kelly Avenue Yorkville,IL 60560 or to such other address as the Developer shall direct in writing. The Developer shall have the right to assign its rights under this Agreement. THE PARTIES TO THIS AGREEMENT by their signatures acknowledge they have read and understand this Agreement and intend to be bound by its terms. UNITED CITY OF YORKVILLE DEVELOPER S &K DEVELOPMENT, LLC By: By: Mayor [Print Name] [Title] ATTEST: ATTEST: By: By: City Clerk [Print Name] [Title] Y:\Real Estate.2006\River's Edge Recapture\Recapture Agreement.050106.doc 6 EXHIBIT "A" LEGAL DESCRIPTION OF RIVER'S EDGE SUBDIVISION PHASE ONE AND PHASE TWO THAT PART OF THE EAST HALF OF SECTION 31 AND WEST HALF OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH EAST CORNER OF UNIT NO. 1 OF FOX LAWN SUBDIVISION; THENCE 65° 31' 57" EAST 491.38 FEET ALONG THE CENTER LINE OF FOX ROAD TO A POINT; THENCE NORTH 150 51' 57" WEST 2012.01 FEET TO THE SOUTH RIGHT-OF- WAY OF THE BURLINGTON NORTHERN RAILROAD; THENCE NORTH 15° 31' 56" WEST 1579 FEET TO THE SOUTH BANK OF THE FOX RIVER; THENCE WESTERLY ALONG SAID SOUTH BANK OF THE FOX RIVER APPROXIMATELY 1175 FEET TO AN EXISTING FENCE LINE; THENCE SOUTH 150 13' 43" EAST 2781 FEET TO A POINT IN THE NORTH RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN RAILROAD; THENCE SOUTH 15° 12' 14" EAST 1148.27 FEET TO A POINT IN THE CENTER LINE OF FOX ROAD; THENCE NORTHEASTERLY 342.43 FEET ALONG SAID CENTER LINE OF FOX ROAD ALONG A 17,188.6 FOOT RADIUS CURVE TO THE LEFT WHOSE CHORD BEARS OR 660 02' 13" EAST 342.43 FEET TO A POINT; THENCE NORTH 65° 31; 57" EAST 370.34 FEET ALONG SAID CENTER LINE OF FOX ROAD (ALSO BEING THE NORTH LINE OF FOX LAWN UNIT NO. 1 SUBDIVISION) TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THE RIGHT-OF-WAY OF THE BURLINGTON NORTHERN RAILROAD (NOW KNOWN AS RAILNET), ALL BEING SITUATED IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. CAShared 20061Real Estate.2006\River's Edge Recapture\River's Edge Phase I &2 Legal.doc EXHIBIT "B" LOCATION AND P.I.N. NUMBERS OF BENEFITED PROPERTIES FOXLAWN SUBDIVISION UNITS 1, 2, 3, 4 AND 5 STREETS: POPLAR ROAD BIRCH COURT CEDAR COURT MAPLE STREET HICKORY COURT PINE COURT PIN NUMBERS: SEE ATTACHED TAX MAP CONTAINING THE PIN NUMBERS OF THE BENEFITED PROPERTIES SITUATED IN FOXLAWN SUBDIVISION (EXHIBIT 1113-1") WILLIAMSPORT SUBDIVISION UNIT 1 ALL LOTS STREETS: OXFORD DRIVE FOXBORO DRIVE FOXBORO COURT WINDSOR WAY MAPLE STREET MAPLE COURT JAMESTOWN DRIVE MANSFIELD ROAD PIN NUMBERS: SEE ATTACHED TAX MAP CONTAINING THE PIN NUMBERS OF THE BENEFITED PROPERTIES SITUATED IN WILLIAMSPORT SUBDIVISION UNIT 1 (EXHIBIT 1113-211) CHRISTIE PROPERTY P.I.N. NUMBERS: 05-38-301-001 05-05-104-001 C:\Shared 2006\Real Estate.2006\River's Edge Recapture\ExhibitB.doe I I - ap6 Y Fp' FD 22 k 2 c G "` v t' Bs-as'�maa osa ere- s s F Ct Y " ¢e2 [['aQf cellq a / t1 ; `¢a ••y x cFBgq "m d fl CIY'a Y--IB:028 xux •8_02! f xb R _ p y zQQ 2� Y P/.L fi g _ ]_atfl s Mp r oYt f @ ® fi L � ib _m:eee v NILKORY CT'Y A ,® R Ygill ' LL LPL Y ' fl d PINC CT b R C �' 9n °°b�flxi' EXHIBIT "B-1" TAX MAP-FOXLAWN SUBDIVISION 7g 9: fDX PD. rh Fad IN-01 FoX to 0 'w Y FOXBORO DR, 12:01 :wz --3Q:Q2 0 OgRo a 11-00 --32:wf _33--m :02k 5, _67:M __35:ffle ie 54 54 Ir EXHIBIT "B-2" TAX MAP-WILLIAMSPORT SUBDIVISION UNIT 1 EXHIBIT "C" - PAGE 1 LEGAL DESCRIPTION FOX LAWN UNIT 1 THAT PART OF THE NORTHWEST QUARTER OF SECTION 5 AND PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF THE SOUTHEAST QUARTER OF SECTION 31 AND PART OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 31; THENCE EAST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 31, 1397.34 FEET; THENCE SOUTH 170 33' 21" EAST 1340.92 FEET TO THE NORTH LINE OF THE RIGHT OF WAY OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY; THENCE SOUTH 170 32' 40" EAST 1144.42 FEET TO THE CENTER LINE OF FOX .ROAD; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE, BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 17,188.60 FEET, A DISTANCE OF 96.78 FEET FOR THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID CENTER LINE 456.19 FEET; THENCE NORTH 630 09' 20" EAST ALONG SAID CENTER LINE 370.56 FEET; THENCE SOUTH 14° 07' 19" EAST 791.72 FEET; THENCE SOUTH 750 52' 41" WEST 193.78 FEET; THENCE NORTH 710 50' 40" WEST 200 FEET; THENCE SOUTH 18° 09' 20" WEST 231.01 FEET; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT, BEING TANGENT TO THE LAST DESCRIBED LINE AT THE LAST DESCRIBED POINT AND HAVING A RADIUS OF 592.05 FEET, A DISTANCE OF 100.06 FEET; THENCE NORTH 810 31' 41" WEST 298.34 FEET TO A POINT SOUTH 140 07' 19" EAST FROM THE POINT OF BEGINNING; THENCE NORTH 14° 07' 19" WEST 670.06 FEET TO THE POINT OF BEGINNING, CONTAINING 13.686 ACRES, IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. BEING FOXLAWN UNIT 1 SUBDIVISION, THE PLAT OF WHICH WAS RECORDED ON NOVEMBER 17, 1965 AS DOCUMENT NO. 150271 IN BOOK 12 OF PLATS ON PAGE 22. Legal Description checked 3/15/06 by TWG and AMR C:\Shared 2006\Real Estate.2006\River's Edge Recapture\Fox Lawn Unit 1 Legal.doc EXHIBIT "C" - PAGE 2 LEGAL DESCRIPTION FOX LAWN UNIT 2 THAT PART OF THE NORTHWEST QUARTER OF SECTION 5 AND PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF UNIT ONE, FOXLAWN; THENCE SOUTH 14 007'19" EAST ALONG THE EXTENSION OF THE WESTERLY LINE OF SAID UNIT ONE, 559.18 FEET; THENCE NORTH 75°52'41" EAST, 338.99 FEET; THENCE NORTH 14 107'19" WEST, -220.0 FEET; THENCE NORTH 75 052'41" EAST, 60.31 FEET; THENCE NORTH 14°07'19" WEST, 84.41 FEET; THENCE NORTH 18°09'20" EAST, 172.94 FEET; THENCE SOUTH 71'50'40" EAST, 12.0 FEET; THENCE NORTH 18°09'20" EAST, 210.0 FEET TO AN ANGLE POINT IN A SOUTHERLY LINE OF SAID UNIT ONE; THENCE NORTH 71°50'40" WEST ALONG SAID SOUTHERLY LINE, 200.0 FEET TO THE EASTERLY LINE OF POPLAR ROAD; THENCE SOUTH 18 009'20" WEST ALONG SAID EASTERLY LINE, 231.01 FEET; THENCE SOUTHERLY ALONG SAID EASTERLY LINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 592.05 FEET, A DISTANCE OF 100.06 FEET TO THE SOUTHERLY LINE OF LOTS 9 AND 10 OF SAID UNIT ONE, EXTENDED EASTERLY; THENCE NORTH 81°31'41" WEST ALONG THE EXTENSION OF SAID SOUTHERLY LINE AND ALONG SAID SOUTHERLY LINE 298.34 FEET TO THE POINT OF BEGINNING; CONTAINING 5.52 ACRES; IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. BEING FOXLAWN UNIT 2 SUBDIVISION, THE PLAT OF WHICH WAS RECORDED ON JULY 21, 1971 AS DOCUMENT NO. 71-2574 IN BOOK 13 OF PLATS ON PAGE 53. Legal Description checked 3/15/06 by TWG and AMR C:\Shared 2006\Real Estate.2006\River's Edge Recapture\Fox Lawn Unit 2 Legal.doc EDIT "C" - PAGE 3 LEGAL DESCRIPTION FOX LAWN UNIT 3 THAT PART OF UNIT TWO, FOXLAWN, AND PART OF SECTIONS 5 AND 6, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 6, UNIT ONE, FOXLAWN; THENCE SOUTH 14°07'19" EAST, ALONG THE EXTENSION OF THE EASTERLY LINE OF SAID UNIT ONE, 621.76 FEET; THENCE SOUTH 75 052'41" WEST 20.0 FEET; THENCE SOUTH 14 007'19" EAST 170.0 FEET; THENCE SOUTH 75 052'41" WEST 617.74 FEET; THENCE NORTH 14 007'19" WEST 30.0 FEET; THENCE SOUTH 75 052'41" WEST 170.0 FEET TO A POINT ON THE SOUTHERLY EXTENSION OF THE WEST LINE OF UNIT TWO, FOXLAWN; THENCE NORTH 14 007'19" WEST, ALONG SAID EXTENSION AND SAID WEST LINE, 314.24 FEET TO THE SOUTHWEST CORNER OF LOT 3 OF SAID UNIT TWO; THENCE NORTH 75°52'41" EAST, ALONG THE SOUTH LINE OF SAID LOT 3, 170.0 FEET TO THE WEST LINE OF POPLAR STREET; THENCE SOUTH 14 007'19" EAST, ALONG SAID WEST LINE, 174.24 FEET TO THE SOUTH LINE OF MAPLE STREET; THENCE NORTH 75°52'41" EAST, ALONG THE SOUTH LINE OF MAPLE STREET, 168.99 FEET TO THE EAST LINE OF SAID UNIT TWO; THENCE NORTH 14 007'19" WEST, ALONG SAID EAST LINE, 220.0 FEET TO THE SOUTH LINE OF LOT 6 OF SAID UNIT TWO; THENCE NORTH 75°52'41" EAST, ALONG SAID SOUTH LINE, 60.31 FEET TO THE EAST LINE OF SAID UNIT TWO; THENCE NORTH 14°07'19" WEST, ALONG SAID EAST LINE, 84.41 FEET; THENCE NORTH 18 009'20" EAST, ALONG SAID EAST LINE, 172.94 FEET TO THE SOUTHWEST LINE OF CEDAR COURT; THENCE SOUTH 71 050'40" EAST, ALONG SAID SOUTHWEST LINE, 12.0 FEET TO THE EAST LINE OF SAID UNIT TWO; THENCE NORTH 18°09'20" EAST, ALONG SAID EAST LINE, 210 FEET TO THE SOUTH LINE OF SAID UNIT ONE; THENCE NORTH 75°52'41" EAST, ALONG SAID SOUTH LINE, 193.78 FEET TO THE POINT OF BEGINNING; CONTAINING 8.99 ACRES IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. BEING FOXLAWN UNIT 3 SUBDIVISION, THE PLAT OF WHICH WAS RECORDED ON APRIL 24, 1972 AS DOCUMENT NO. 72-1816 IN BOOK 14 OF PLATS ON PAGE 27. Legal Description checked 3/15/06 by TWG and AMR C:\Shared 2006\Real Estate.2006\River's Edge Recapture\Fox Lawn Unit 3 Legal.doc EXHIBIT "C" - PAGE 4 LEGAL DESCRIPTION FOX LAWN UNIT 4 THAT PART OF THE NORTHWEST QUARTER OF SECTION 5 AND PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN; DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 3 IN UNIT THREE, FOXLAWN; THENCE NORTH 75°52'41" EAST ALONG THE SOUTHERLY LINE OF SAID LOT 3, 170.0 FEET TO THE SOUTHEASTERLY CORNER THEREOF; , THENCE SOUTH 14 007'19" EAST ALONG THE WESTERLY LINE OF POPLAR ROAD 30.0 FEET; THENCE NORTH 75°52'41" EAST ALONG A SOUTHERLY LINE OF SAID UNIT THREE, 527.74 FEET TO THE SOUTHEASTERLY CORNER OF LOT 8 IN SAID UNIT THREE; THENCE SOUTH 14°07'19" EAST 150.0 FEET; THENCE NORTH 75 052'41" EAST 110.0 FEET TO THE EXTENSION SOUTHERLY OF THE MOST EASTERLY LINE OF SAID UNIT THREE; THENCE SOUTH 14 007'19" EAST ALONG SAID EXTENSION, 280.0 FEET; THENCE SOUTH 75 052'41" WEST 637.74 FEET; THENCE NORTH 14°07'19" WEST 50.0 FEET; THENCE SOUTH 75 052'41" WEST 170.0 FEET TO THE EXTENSION SOUTHERLY OF THE MOST WESTERLY LINE OF SAID UNIT THREE; THENCE NORTH 14 007'19" WEST ALONG SAID EXTENSION, 410.0 FEET TO THE POINT OF BEGINNING; CONTAINING 7.52 ACRES; IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. BEING FOXLAWN UNIT 4 SUBDIVISION, THE PLAT OF WHICH WAS RECORDED ON MAY 2, 1973 AS DOCUMENT NO. 73-2023 IN BOOK 14 OF PLATS ON PAGE 69. Legal Description checked 3/15/06 by TWG and AMR C:\Shared 2006\Real Estate.2006\River's Edge Recapture\Fox Lawn Unit 4 Legal.doc EXHIBIT "C" - PAGE 5 LEGAL DESCRIPTION FOX LAWN UNIT 5 THAT PART OF THE NORTHWEST QUARTER OF SECTION 5 AND PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 4 IN UNIT FOUR, FOXLAWN SUBDIVISION; THENCE NORTH 75°52'41" EAST ALONG THE SOUTHERLY LINE OF SAID LOT 4, 170 FEET TO THE WESTERLY RIGHT OF WAY LINE OF POPLAR ROAD; THENCE SOUTH 14°07`19" EAST ALONG SAID WESTERLY LINE 50.0 FEET TO THE SOUTHERLY LINE OF SAID UNIT FOUR; THENCE NORTH 75 052'41" EAST ALONG SAID SOUTHERLY LINE OF SAID UNIT FOUR 637.74 FEET TO THE SOUTHEAST CORNER OF SAID UNIT FOUR; THENCE SOUTH 14 007'19" EAST ALONG THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF SAID UNIT FOUR 448.74 FEET; THENCE SOUTH 67019'59" WEST 816.78 FEET TO A POINT ON THE SOUTHERLY EXTENSION OF THE WESTERLY LINE OF SAID UNIT FOUR; THENCE NORTH 14°07'19" WEST ALONG SAID SOUTHERLY EXTENSION 620.08 FEET TO THE POINT OF BEGINNING; CONTAINING 9.641 ACRES; IN KENDALL COUNTY, ILLINOIS. BEING FOXLAWN UNIT 5 SUBDIVISION, THE PLAT OF WHICH WAS RECORDED ON JUNE 3, 1974 AS DOCUMENT NO. 74-2589 IN BOOK 15 OF PLATS ON PAGE 36. Legal Description checked 3/15/06 by TWG and AMR C:\Shared 2006\Real Estate.2006\River's Edge Recapture\Fox Lawn Unit 5 Legal.doc EXIT "C" - PAGE 6 LEGAL DESCRIPTION WILLIAMSPORT UNIT I A PART OF THE SOUTH HALF OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND A PART OF THE NORTH HALF OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 5, THENCE WEST ALONG THE NORTH LINE OF SAID SECTION 5, 964.76 FEET TO THE POINT OF BEGINNING: FROM SAID POINT OF BEGINNING, THENCE NORTH 11°11'33" WEST, 160.68 FEET; THENCE NORTH 78°48'27" EAST, 173.45 FEET; THENCE NORTH I I'l F33" WEST, 5.0 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG A 554.64 FOOT RADIUS CURVE CONVEX NORTHEASTERLY, SAID CURVE BEING:TANGENT TO THE LAST DESCRIBED LINE AT SAID POINT OF CURVATURE, AN ARC DISTANCE OF 416.82 FEET TO A POINT OF TANGENCY, THE CHORD TO SAID ARC BEARING NORTH 32 043'19" WEST, 407.08 FEET; THENCE NORTH 54 015'09" WEST ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE AT SAID POINT OF TANGENCY, 19.27 FEET; THENCE NORTH 10°26'01" WEST, 489.57 FEET TO THE SOUTHEASTERLY LINE OF FOX ROAD; THENCE NORTH 66°14'01" EAST ALONG SAID SOUTHEASTERLY LINE, 1856.94 FEET TO THE WESTERLY LINE OF UNIT 2, FRED ATLEE SUBDIVISION; THENCE SOUTH 3°59'06" WEST ALONG SAID WESTERLY LINE AND ALONG SAID LINE EXTENDED SOUTHERLY AND ALONG THE WESTERLY LINE OF HUGHES SUBDIVISION OF LOT 1 OF OWNER'S PLAT OF PART OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, 1700.86 FEET TO A CONCRETE MONUMENT AT THE SOUTHWESTERLY CORNER OF SAID HUGHES SUBDIVISION; THENCE SOUTH 78°48'27" WEST, 1384.49 FEET; THENCE NORTH I I'l F33" WEST 189.32 FEET TO THE POINT OF BEGINNING, CONTAINING 50.707 ACRES, MORE OR LESS, THE SUBDIVISION TO BE KNOWN AS "WILLIAMSPORT, KENDALL COUNTY, ILLINOIS, UNIT 1"; IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. BEING WILLIAMSPORT UNIT 1 SUBDIVISION, YORKVILLE, KENDALL COUNTY, ILLINOIS, THE PLAT OF WHICH WAS RECORDED ON OCTOBER 5, 1972, AS DOCUMENT NO. 72-4821, IN BOOK 14 OF PLATS AT PAGES 49 AND 50 Legal Description checked 3/15/06 by TWG and AMR C:\Shared 2006\Real Estate.2006\River's Edge Recapture\Williamsport Unit 1 Legal.doc EXHIBIT "C" -PAGE 7 LEGAL DESCRIPTION CHRISTIE PROPERTY THAT PART OF THE FOLLOWING DESCRIBED PARCELS OF REAL ESTATE LYING SOUTH OF THE RAILNET RAILROAD RIGHT OF WAY: THAT PART OF THE EAST %Z OF SECTION 31, PART OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND THAT PART OF THE NORTHWEST '/4 OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN AND THE SUBDIVISION KNOWN AS WILLIAMSPORT, KENDALL COUNTY, ILLINOIS, UNIT 1, ALL DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST '/4; THENCE WESTERLY ALONG THE NORTH LINE OF SAID NORTHWEST I/4 961.24 FEET; THENCE SOUTH 10 DEGREES, 26 MINUTES, 01 SECONDS EAST 1497.56 FEET TO A CONCRETE MONUMENT FOR A POINT OF BEGINNING; THENCE SOUTH 69 DEGREES, 38 MINUTES, 10 SECONDS WEST ALONG A FENCE LINE 1473.73 FEET TO THE SOUTHEAST CORNER OF UNIT FIVE, FOXLAWN; THENCE NORTH 11 DEGREES, 45 MINUTES, 10 SECONDS WEST ALONG THE EASTERLY LINE OF SAID UNIT FIVE A DISTANCE OF 448.37 FEET TO THE NORTHEAST CORNER OF SAID UNIT FIVE; THENCE NORTH 11 DEGREES, 40 MINUTES, 29 SECONDS WEST ALONG THE EASTERLY LINE OF UNIT FOUR, FOXLAWN, AND SAID EASTERLY LINE OF UNIT FOUR EXTENDED, 599.86 FEET TO THE SOUTHEAST CORNER OF UNIT THREE, FOXLAWN; THENCE NORTH 11 DEGREES, 42 MINUTES, 29 SECONDS WEST ALONG THE EASTERLY LINE OF UNIT THREE OF FOXLAWN AND THE EASTERLY LINE OF UNIT ONE, FOXLAWN, 1413.44 FEET TO THE CENTER LINE OF FOX ROAD; THENCE NORTH 65 DEGREES, 31 MINUTES, 57 SECONDS EAST ALONG THE CENTER LINE OF FOX ROAD, 491.44 FEET; THENCE NORTH 15 DEGREES, 52 MINUTES, 00 SECONDS WEST 2011.98 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF THE BURLINGTON, NORTHERN RAILROAD COMPANY LANDS; THENCE NORTH 15 DEGREES, 31 MINUTES, 50 SECONDS WEST 1584.60 FEET TO THE SOUTHERLY BANK OF THE FOX RIVER, THENCE EASTERLY ALONG SAID SOUTHERLY BANK TO A LINE DRAWN NORTH 10 DEGREES, 26 MINUTES, 01 SECONDS WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 10 DEGREES, 26 MINUTES, 01 SECONDS EAST TO THE SOUTHERLY RIGHT OF WAY LINE OF FOX ROAD AS DEDICATED BY AN INSTRUMENT RECORDED JULY 22, 1957 IN DEED RECORD 118 ON PAGE 13 AS DOCUMENT 119187; THENCE NORTH 66 DEGREES, 00 MINUTES, 05 SECONDS EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE, BEING ALSO THE NORTHERLY LINE OF SAID WILLIAMSPORT, 1710.60 FEET TO AN ANGLE IN SAID SOUTHERLY LINE; THENCE SOUTH 23 DEGREES, 59 MINUTES, 55 EXHIBIT "C" -PAGE 7 LEGAL DESCRIPTION CHRISTIE PROPERTY (CONTINUED) SECONDS EAST, 10.0 FEET TO AN ANGLE IN SAID SOUTHERLY LINE; THENCE NORTH 66 DEGREES, 00 MINUTES, 05 SECONDS EAST ALONG SAID SOUTHERLY LINE, 143.66 FEET TO THE WEST LINE OF UNIT TWO, FRED ATLEE SUBDIVISION; THENCE SOUTH 03 DEGREES, 55 MINUTES, 08 SECONDS WEST ALONG SAID WEST LINE, 421.37 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE SOUTH 04 DEGREES, 13 MINUTES, 22 SECONDS WEST ALONG' THE WEST LINE OF UNIT TWO, MILLEN AND EMMONS SUBDIVISION,333.12 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE SOUTH 04 DEGREES, 26 MINUTES, 53 SECONDS WEST ALONG THE WEST LINE OF HARKER SUBDIVISION, 498.92 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE SOUTH 03 DEGREES, 14 MINUTES, 05 SECONDS WEST ALONG THE WEST LINE OF HUGHES SUBDIVISION OF LOT 1 OF OWNERS PLAT OF PART OF THE SOUTH EAST '/a OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, 443.66 FEET TO A CONCRETE MONUMENT AT THE SOUTHWEST CORNER THEREOF BEING THE SOUTHEAST CORNER OF SAID WILLIAMSPORT; THENCE SOUTH 78 DEGREES, 47 MINUTES, 53 SECONDS WEST ALONG THE SOUTH LINE OF SAID WILLIAMSPORT, 1383.29 FEET TO A LINE DRAWN NORTH 10 DEGREES, 26 MINUTES, 01 SECONDS WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 10 DEGREES, 26 MINUTES, 01 SECONDS EAST, 1309.10 FEET TO THE POINT OF BEGINNING, IN THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS. Legal Description checked 3/15/06 by TWG and AMR C:\Shared 2006\Real Estate.2006\River's Edge Recapture\Christie Property Legal.doc EXHIBIT "D" RECAPTURE AMOUNT RECAPTUREABLE COSTS OF WATER MAIN IMPROVEMENTS: $170,000.00 TOTAL RECAPTURE AREA: APPROXIMATELY 232 ACRES, RECAPTURE RATE: $732.76 PER ACRE ALLOCATION: A) FOXLAWN SUBDIVISION-ALL UNITS TOTAL ACREAGE: 44.35 TOTAL LOTS: 84 RECAPTUREABLE IMPROVEMENT COSTS PER ACRE: $732.76 RECAPTUREABLE IMPROVEMENT COSTS PER LOT: $386.88 B) WILLIAMSPORT UNIT 1 SUBDIVISION TOTAL ACREAGE: 50.71 TOTAL LOTS: 100 RECAPTUREABLE IMPROVEMENT COSTS PER ACRE: $732.76 RECAPTUREABLE IMPROVEMENT COSTS PER LOT: $371.58 C) CHRISTIE PROPERTY TOTAL ACREAGE: 137 RECAPTUREABLE IMPROVEMENT COSTS PER ACRE: $732.76 C:\Shared 2006\Real Estate.2006\River's Edge Recapture\exhibitD.doc r. ZIPIP All �`~ ��`► WN WIN WINIF OWN Ism ��` ��� ... :.,n � r�1��� ■X11 .. ■^ �N -� rl 1 * rr 11-AAA 111 �^ VIII II ••n■ ;.� --�. 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Ili i rll�� 11 li Y = :'` m JIM IVA Page 1 of 2 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE SPECIAL MEETING City Council Chamber Tuesday,April 25,2006—6:30 pm City Council in Attendance: Art Prochaska—Mayor Paul James—Alderman Bill Powell—City Treasurer Jason Leslie—Alderman Jackie Milschewski-City Clerk Marty Munns—Alderman(arrived 7:35) Joe Besco—Alderman Dean Wolfer—Alderman Jim Bock—Alderman Rose Spears—Alderman Valerie Burd—Alderman Staff in Attendance: John Wyeth—City Attorney Bart Olson—Assistant City Administrator John Crois—Interim City Administrator Eric Dhuse—Public Works Director Dave Mogle—Park&Recreation Director Harold Martin-Policed Chief PROPOSED FY 06/07 BUDGET Mayor Prochaska explained the reason behind this special meeting; only half of the City Council was present to discuss the 06/07 Budget at the last Committee of the Whole meeting so it has been brought back before them for further discussion. He noted that many of the items discussed at the last COW meeting have been addressed by Assistant City Administrator Olson. Mr. Olson noted that supplemental packets have been prepared for tonight's discussion(see attached). He went over the changes that were highlighted in color(Police Capital carryover balance,weather warning sirens,wearing apparel,reserve amount etc.) Mayor Prochaska noted that staff was not able to get all the information on new software before this meeting so in order to be able to purchase the software in the next few weeks, it has been recommended to increase the Police Capital carryover(by an additional $50,000.00)and the General Fund Carryover($75,000.00). These increases total$125,000.00 which is needed to purchase the new software. Once the budget is approved,the purchase of the software can be approved. The floor was opened for discussion. The following budget items and items from the staff's April 17,2006 memo(see attached)addressing Alderman Spear's budget comments were discussed: o Wearing Apparel—The Council had a lengthy discussion regarding donations to a Wearing Apparel Program,misuse of funds in the past,recently made accounting errors, rewarding employees for their work, getting caught up in miniscule things compared to the amount of money being spent by the City, etc. Support for the line item was divided between City Council members. Mayor Prochaska expressed his desire to see the program remain for the employees. o Grants-Alderman Spears recommended that staff explore grants for all areas of the City. She was concerned that the grant writer concentrates only on those available for Park& Recreation. She asked staff to pass on grant information to the grant writer to pursue. The City Council discussed that the majority of grants available are for Park& Page 2 of 2 Recreation. It was determined that Alderman Spears did not want the line item changed but was just making a suggestion. o Salaries/City Attorney—Alderman Spears questioned an increase in the City Attorney's salary. Staff noted that this was a Scrivener's error and should remain at$11,502.00. o BenefitsNaried-Alderman Spears felt that the budgeted fifteen new positions was too many for one year. Alderman Wolfer asked what Alderman Spears based this comment on and she stated that she surveyed other communities(Oswego, Montgomery, etc)and they did not have as many positions as Yorkville has. There was a lengthy discussion regarding the staff's work load as compared to those of other communities; staff such as library,parks and recreation and engineering which other area communities do not have; in-house staff performing tasks versus out-sourcing work;the lack of planning in regards to personnel, developing an overall vision for staff,using Land Cash for some salaries such as the Park Planner and Community Development Director,$16,000.00 transfer to the General Fund from Land Cash for the Park Designer;the hiring plan developed by staff which was presented to the City Council,making the plan a yearly report presented to the City Council before budget approval;tracking the Director of Community Development's hours to charge to developers, etc. Alderman Bock noted that while the previous discussion of budget items was enlightening, at the rate the City Council was discussing the seven page memo;the discussion could go on for several more hours. He suggested that the discussion of the budget be suspended and the Council move on to the regular City Council agenda so that the public present could"get on with their lives". It was the consensus of the City Council to close the Special Committee of the Whole meeting and bring up discussion of the budget during the following City Council meeting. The meeting was closed at 7:45 p.m. Minutes respectfully submitted by Jacquelyn Milschewski,City Clerk STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- A RESOLUTION OPPOSING THE PASSAGE OF THE COMMUNICATIONS OPPORTUNITY PROMOTION AND ENHANCEMENT ACT (COPE ACT) WHEREAS,the Communications Opportunity,Promotion and Enhancement Act of 2006 ("COPE Act) has been passed by the Commerce and Energy Committee of the United States House of Representative, and soon faces full congressional consideration; and WHEREAS,the COPE Act is derogatory to local municipal interests, and seeks to establish national cable franchising regulations that threatens to dismantle local municipal franchise authority. Specifically,the COPE Act seeks to usurp local control of local municipal rights-of-way; by stripping local governments of control over their own rights-of-ways and investing that authority in Washington, D.C.; and WHEREAS, the COPE Act seeks to vest the enforcement mechanisms of cable franchising within the Federal Commerce Commission("FCC"),rather than with local authorities who are in the best position to enforce franchise agreements. Moreover,the COPE Act vests the FCC with this additional national authority while failing to provide additional resources to the FCC to enforce and adjudicate franchise disputes; and WHEREAS,the COPE Act degrades local municipal services by failing to include provisions for the financial support of PEG television, which for decades have provided local Community Access television stations with funding and channel space; and WHEREAS, the COPE Act diminishes local control by eradicating safeguards for local municipalities such as "build out''requirements,universal coverage requirements, and prohibitions against"redlining". Moreover, the COPE Act, threatens to usurp local municipal control of cable/IPTV customer services standards; and WHEREAS,the COPE Act diminishes local revenue streams by failing to clarify that Cable Service/IPTV is subject to the 5% cable franchise fee; and WHEREAS,the City Council of the United City of Yorkville, Illinois finds that: 1. Local Control over cable/IPTV franchising is preferable to the remote authority of a national regulatory agency. 2. The passage of the COPE Act would have a significantly negative impact on future City revenue streams; and 3. The passage of the COPE Act would threaten the City's control over its right-of-ways, and diminish customer satisfaction and the service provided to cable/IPTV subscribers; and 4. The passage of the COPE Act would lead to redlining of cable/IPTV service to the citizens of the United City of Yorkville, Illinois. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, as follows: SECTION 1: The foregoing recitals are incorporated herein as though fully set forth. SECTION 2: The City Council of the United City of Yorkville, Illinois, opposes and objects to the passage of the COPE Act and urges all congressmen and senators to vote against it. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 C17Y CLEr-K Illinois Department of Transportation Division of Highways / District 3 700 East Norris Drive / Ottawa, Illinois / 61350-0697 Telephone 815/434-6131 April 27, 2006 Ms. Jacquelyn Milschewski City Clerk 800 Game Farm Road Yorkville, IL 60560 Dear Ms. Milschewski: Enclosed is a copy of Audit Report No. 57 covering the receipt and disbursement of Motor Fuel Tax funds by your city for the period beginning January 1, 2005 and ending December 31, 2005. PLEASE REFER TO BLR 7402 OF THE AUDIT FOR THE AUDITOR'S COMMENTS. This report should be presented to the Mayor and the City Council at the first regular meeting after the receipt of this letter and then filed as a permanent record in your office. If you have any questions or require additional information, please contact Deb Baxter at 815-434-8421. Sincerely, Gregory L. Mounts, P.E. Deputy Director of Highways Region,j Engineer By: By: Kehrieth R. Lang, P.E. District Local Roads & Streets Engineer cc: Debra Baxter, MFT Auditor y�l Illinois Department of Transportation Audit Cover Sheet Agency: City of YORKVILLE Audit for: Audit Year: 2005 X❑ Motor Fuel Tax ❑ Township Bridge ❑ special Assessment Audit Number: 57 ❑ G.O. Bond Issue ❑ MFT Fund Bond Issue Date: April 6, 2006 Page 1 of 1 BLR 15100(Eff.4/06) 4/21/20064:20 PM b CD \ \ ° ƒ§ \ { ± / \ § E 0 � � 2 + / / % ` ) = \ E E 0k \ tM ) 2 Vu = o > % b - /] J E / : o » \ _ ® d D-. 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L m .n 11 J U m Q Q 0 F m — ) °R,Ra;Rl;;R&lm;9r < !§!§= \ . }( � bm ! � 0.0........araaam;!! i \\ ow )! }/k § � ( 0 Hill 1 11 /! §�§�!�! l��; ������� , / ; ) ; ; 7 ; 2 ![ }2 ) / \ \\\ $\ � j \ q - 7 § ; # Iq ( \/ \ ` B% § k ( \) \ \ ( \ \ § ( ; ; ;§¢ « ! ©®(\w\ ±.9 9 99 09 9 99 0 W6 k\\}\w) { 0 ` ��!! b rEO Account Number: 1 s Statement Period: fir. s, t s7Lr Dec. throu A ugh 09604 000000 623LBZN Y ST01 Dec.31,2005 Page 1 of 1 UNITED CITY OF YORKVILLE I MFT 600 GAME FARM RD The Illinois Funds YORKVILLE IL 60560-1133 By Phone:1-800-947-8479 E-Mail: illinois.funds lausbank.com Internet: www.illinoishinds.com N=—M-MORMON YOU SF QUL[? NO. i vv .v F v..nv..mvtv,.. v..4v=_v wv.c_ W __ __ _ ......v uv In observance of the following 2006 holidays,The Illinois Funds will be closed: Friday,January 13 Early Close and Monday,January 16 Closed Martin Luther King Day Friday,February 17 Early Close and Monday,February 20 Closed Presidents Day FMMONEY-MARKET-,. count Number Account Summary Items Beginning Balance on Dec. 1 17.13 Other Deposits 2 22,989.21 Interest Paid this Year 33. 12 Other Withdrawals 1. 22,986.69- Average Daily Balance 758.64 Number of Days in Statement Period 31 Ending Balance on Dec.31,2005 $19.65 Other Deposits Date Description of Transaction Ref Number Amount Dec. 6 Electronic Deposit From State of ILL 22,986.69 REF=20053403082149 Y 1376002057MOTOR FUEL300009630000000 Dec:. t[ Ititfstlard a v. Total Other Deposits 22,989.21 Other Withdrawals Date Description of Transaction Ref Number Amount Dec. 7 Electronic Withdrawal From Illinois Funds 22,986.69 REF=20053403082417 Y 1376002057AUTOTRSF 300009630000000 Total Other Withdrawals 22,986.69 Balance Summary Date Ending Balance Date Ending Balance Date Ending Balance Dec. 6 23,OD3.82 Dec. 7 17.13 I Dec. 30 19.65 Balances only appear for days reflecting change. �S 6TVZf� JC. III HAVE YOU FOVED? Please return top portion of this form to Please change my address on other notify us of your new address. bank accounts as checked below: ✓ NAME CHECKING SAVINGS NEW STREET ADDRESS - INSURED MONEY MARKET ACCT. CITY a STATE CERTIFICATES OF DEPOSIT MASTERCARD ZIP CODE VISA INSTALLMENT LOAN SOCIAL SECURITY NUMBER MORTGAGE LOAN ACCOUNTNUMBER E] SAVINGS SAFE DEPOSIT [-] CHECKING OTHER Describe IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS If you need more information about an electronic transfer appearing on this statement,or if you think your statement or receipt is wrong,please telephone or write us as soon as possible at the phone number or address designated on the front of this statement. We must hear from you no later than 60 days after we sent you the FIRST statement on which the error or problem appeared. (1)Tell us your name and account number(if any). (2)Describe the error or the transfer you are unsure about,and explain as clearly as you can why you believe there is an error or why you need more Information. (3)Tell us the dollar amount of the suspected error. - We will investigate your complaint and will correct any error promptly. If we take more than 10 business days to do this,we will recredit your account for the amount you think 'n error,so that you will have use of the money during the time It takes us to complete our investigation. .you would like to confirm that an automatic deposit to your account has been made as scheduled,you may call us during normal business hours at the phone number listed on the front of this statement. DEPOSITS,CHECKS,AND WITHDRAWAL HOW TO BALANCE YOUR ACCOUNT 1 NOT LISTED ON THIS STATEMENT CHECK CHECKS 1. Check off in your account register each transaction shown on the front of DEPOSITS NUMBER AND WITHDRAWALS this statement in the appropriate space to the right,list the deposits and checks or withdrawals which are listed in your register but not on the statement 2. Total these two columns. 3. ENTER your ending balance from the front of this statement 4. ADD to your balance the total of the deposits made for your account but not listed on the statement. I 5. SUBTRACT the total of the withdrawals made for your account but not listed on the statement 6. THIS IS YOUR BALANCE. _ 7. Now,refer back to your account register. ENTER in your register and add to your balance any amounts in the DEPOSITS column which are listed on this statement but are NOT listed in your register,including interest earned. 6. ENTER in your register and subtract from your balance any amounts in the WITHDRAWALS column that are listed on this statement but are NOT listed in your register,including service charges. r 2 , 9. THIS AMOUNT IS YOUR REGISTER BALANCE.IT SHOULD BE THE —7 ENDING BALANCE FROM THE DIFFERENCE: SAME AS THE BALANCE SHOWN IN NUMBER 6.IF THERE IS A 3 FRONT OF THIS STATEMENT I A. Review and check all figures used. 4 1 PLUS THE TOTAL FROM THE B. Review last month's statement DEPOSITS COLUMN ABOVE C. Check all addition and subtraction in your account register. SUB-TOTAL If you think there is an error in your statement,please telephone or write to 5 MIN TOTAL OF THE us promptly at the phone number or address listed on the front of this WITHDRAWALS COLUMN ABOVE statement 6 BALANCE(Should agree with register balance LIB LB u STATEMENT OF ACCOUNT LAST STATEMENT: OCTOBER 31 200 CASTLE BANK PAGE TOTAL DAYS IN STATEMENT PERIOD: 30 PAGE NUMBER ACCOUM NUMBER PAGE 1 OF 1 DIRECT INQUIRIES TO: 1-800- 990-5713DEC CITY OF YORKVILLE CASTLE BANK 141 W LINCOLN HWY MFT ACCOUNT DEKALB, IL 60115 800 GAME FARM RD v YORKVILLE IL 60560 4 IFs,Pkx.az,l.+.e°7 .x... ...}aS"a .:¢sk'. 'SS';." .a.., .R . ab m.,v..:.t;. .x,.,...r a a ..,....t s ACCOUNT NUMBER ENDING BALANCE PUBLIC FUNDS NOW ACCOUNT 426,640.30 ACCOUNT NUMBER BEGINNING BALANCE 421, 061. 56 LOW BALANCE 421, 061. 56 AVG COLLECTED BALANCE 435,604.00 4 ENCLOSURES INTEREST PAID YEAR TO DATE 10, 511. 06 TOTAL ADDITIONS 23,656.62 TOTAL SUBTRACTIONS 18,077.88 NUMBER DATE AMOUNT NUMBER DATE AMOUNT 11-15 4,066.25 5204 11-30 1, 139.09 11-16 700.04 5205 11-29 12, 172.50 DATE DESCRIPTION ADDITIONS SUBTRACTIONS 11-07 #PREAUTHORIZED CREDIT YY y 22,389. 18 a5-91!ioreIllinoisFundsAUTOTRSFmU MOTOR FUEL 11-30 #INTEREST CREDIT 1,267.44 c,;_ !; `= G.1 DAILY BALANCES DATE AMOUNT DATE AMOUNT DATE AMOUNT 10-31 421, 061 . 56 11-15 439.384.49 11-29 426, 511. 95 11-07 443, 450. 74 11- 16 438,684.45 11-30 426,640.30 Q FDNG „ lirect Deposits made to your account at least once every 60 days from the same person or company can e verified by calling TeleBanc at 1-800-990-5710. i case of errors or questions about your electronic transfers 'el-Ranc,MachineTeller,telephone transfers,preauthorized transfers,Visa CheckCard accounts),telephone us at t90-5713,or write us at Castle Bank N.A., 121 W.Lincoln Highway,DeKalb,IL 60115. ah.,r write us as soon as you can,if you think your statement or receipt is wrong or if you need more information )out a transfer on the statement or receipt We must hear from you no later than 60 days after we sent you the FIRST atement on which the error or problem appeared. Tell us your name and account number(if any). Describe the error or the transfer you are unsure about,and explain as clearly as you can why you believe there is an error or why you need more information. Tell us the dollar amount of the suspected error. le will investigate your complaint and will correct any error promptly.If we take more than 10 business days to do this,we will recredit your ,count for the amount you think is in error,so that you will have use on the money during the time it takes us to complete our investigation. lith respect to the Visa CheckCard account,you do not have to pay any amount in question while we are investigating,but you are still bligated to pay the parts of your bill that are not in question.While we investigate your question,we cannot report you as a delinquent or take any ;don to collect the amount you question. 'o Balance Your Checkbook :hecks Outstanding 1) Enter: Date Check# Amount Balance shown on this statement 2) Add: Recent deposits not yet credited + on statement 3) Enter: Total of lines I and 2 — 4) Enter: Total from schedule at left 5) Subtract line 4 from line 3.This should be your present checkbook balance.If not, the most common mistake is an error in . arithmetic.If you need further assistance, please bring this statement to your Total banking office. mposition of Finance Charges on Checking Plus Account FINANCE CHARGE will be imposed on the Average Daily Principal Balance of your Account The FINANCE CHARGE will continue to accrue each try until the Account is paid in full. D figure and impose the FINANCE CHARGE on your Account,we will apply the daily periodic rate shown on the face of this Periodic Statement to the leverage Daily Principal Balance"of your Account,including current transactions during the billing cycle,multiplied by the number of days in the billing �cle.To get the"Average Daily Principal Balance",we shall add all daily balances for the billing cycle and divide each sum by the number of days in the cling cycle.We shall obtain the daily balance by taking the beginning balance on each day,adding any new Loans(Advances)and subtracting payments, -edits and any unpaid FINANCE CHARGES. ny remittance in excess of the minimum monthly payment due will reduce the Account balance,but will not eliminate the next monthly payment unless the ccount is paid in full. o pay your entire Account as of the billing date,pay the"New Balance"shown on the face of this statement However,FINANCE CHARGES will continue accrue until the Account is fully paid,and additional FINANCE CHARGES that accrue between this billing date and the date your Account is paid in full iay appear on your next statement. rith respect to your CheckCard Reserve account,the ANNUAL PERCENTAGE RATE and DAILY PERIODIC RATE may vary. illing Rights Summary 1 CASE OF ERRORS OR QUESTIONS ABOUT YOUR CHECKING OVERDRAFT OR PREFERRED LINE OF CREDIT STATEMENT you think your statement is wrong,or if you need more information about a transaction on your statement,write to us at Castle Bank N.A., 121 W.Lincoln Ighway, DeKalb,IL 60115 as soon as possible.We must hear from you no later than(60)days after we sent you the first statement on which the error or roblem appeared.You can telephone us at 1-800-990-5713,but doing so will not preserve your rights. u your letter,give us the following information: Y name and account number. You do not have to pay any amount in question while we are investigating, llaz amount of the sus ected error. but you are still obligated to pay the parts of your statement that are not i- i _ P uestion.While we investigate your question,we cannot report you as - D,--ribe the error and explain,if you can,why you believe there is an delinquent or take any action to collect the amount you question. error.If you need more information,describe the item you are unsure about v�� mmmm « � mmNMMmmmm�m00000rnmeNNOm m . . O m M V V O r N M M M O O N m O m m v V M m O M n M M n m m M 0 O W ' F w v 0 Q U M Z r.C.M.N M N M N n C.O m. . . . . .. . . . . . . . . . . . . . . . . +- N J ow z J 7 M M M M M M M M M M M M M M M M M M MfA M M M M M MIA M M M M M M M M I O I � O � a i N O r- } a a M N Ov 0 m r Om m N m N N t7 O F- U N K O a w IZ I- z O O 00 O NO n00 000 M N ON m O .. 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W V" M O N ONO O 0- " 00 M W F m M "M NO M m M M M 0 0 0 0 O m M M 00 0 M ON N 0 }� UE O 00 00 O 00 00000 000 00 O 00 z¢ wz O 00 00 O 00 00000 000 00 O 00 ZZ NZ O OO OO O OO OOOOO mom 00 O OO _ 7 M N 00 M mm M m N M V m m M m m M M O 0 O} O 00 00 O 00 00000 000 00 O 00 U U z w No MN m 0 N O M O N N M O M y N w w m My om m or rrrrn vwm My v Mm M NW O vm vm r 00 r-- Mm "NN rm N Mm_ O¢ a� o NO nO m mm nWwww rmm mr v ON O O--N N r-- ON O 00 c� MM vv N mm nrrrr mmm mm O F-M f Z O 00 00 0 00 00000 0 0 0 00 H W N mm mm m 00 N m m m m mom m m N mm O 00 00 O 00 00000 000 00 O 00 m 6 �} z zz z z z z z z z z z m F- w w w w w w w w w w w w m S O H S c f F w g m Fa z m ow o Za omoo❑mommomommommm000MMTOMDoxoxxo z Q} J f JJ W 1-JH f JI-J f FJF-1- H W W JFF1-JF W J F J{- �-J a � aaa aoaaaaaaaaaaaaaooaaaaaaoa¢ aaaa V m m l I]N m N m N 1 I i m I I1 N m m m m m m m N N N 1 I N 1 I I N m N m N N m m 000000000000000000000000000000000 Zr �o� MNO-noom�mm OnMMMMrrmm Mmro0�« o J Q¢ M �- M N O M O N M O M M O N N M r r MO N M N M O O M Q ~ N 0 000000000000000000000000000--77 0 F ETC"A STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO.2006- AN ORDINANCE AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO THE ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (Westhaven) WHEREAS,it is prudent and in the best interest of the UNITED CITY OF YORKVILLE,Kendall County, Illinois,to amend the Annexation Agreement and Planned Unit Development Agreement pertaining to Westhaven; and WHEREAS,the First Amendment to the Annexation Agreement and Planned Unit Development Agreement has been drafted and has been considered by the City Council and is attached as Exhibit"A"; and WHEREAS,the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said First Amendment to the Annexation Agreement and Planned Unit Development Agreement and to perform the obligations as required hereunder; and Page 1 of 3 WHEREAS, the statutory procedures provided in the Illinois Municipal Code, as amended, for the execution of said Annexation Agreement has been fully complied with. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE,KENDALL COUNTY, ILLINOIS,AS FOLLOWS; Section 1: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City,the First Amendment to the Annexation Agreement and Planned Unit Development Agreement concerning the real estate described therein, a copy of said which Annexation Agreement and Planned Unit Development Agreement is attached hereto and made a part hereof, as Exhibit"A". Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville,Kendall County, Illinois,this Day of A.D. 2006. MAYOR Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 1✓� � Ib . STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (Westhaven) WHEREAS, MPLIV 10 LLC,MPLIV 20 LLC, and MLH Yorkville LLC is the legal owner of record of property described on Exhibit"A" attached hereto and incorporated herein (the Property), and WHEREAS, Pulte Home Corporation, developer of the Property has made application by petition for the rezoning of the Property pursuant to an Annexation of the Property, and WHEREAS, owners and developers have previously entered into an agreement for annexation, and zoning of the property, and WHEREAS, said agreement has subsequently been amended, and WHEREAS,the Yorkville Plan Commission has recommended a rezoning of the property by changing the allocation of the zoning districts by increasing the areas of B-3 and R-3 PUD, and decreasing the area of R-2,with resulting zoning as set forth on Exhibits `B-1, B-2,and B-3 which include both a plat and legal description". NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS UPON MOTION DULY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT: 1. The City Council approves the recommendation of the Plan Commission and hereby Rezones the property legally described on Exhibit"A"to the zone classifications depicted on Exhibits`B-1, B-2, and B-3". Thereby reallocating the areas granted the B-3, R-3 and R-2 zoning as shown thereupon. 2. The Property shall be developed according to the terms of an Annexation Agreement and Planned Unit Development Agreement,previously adopted as amended. 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me,as Mayor of the United City of Yorkville,Kendall County, Illinois, this Day of A.D.2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION ADOPTING A HIRING PROCESS FOR CERTAIN SALARIED MANAGEMENT EMPLOYEES (City Administrator,Police Chief,Director of Parks and Recreation, Finance Director,City Engineer,Public Works Director, Community Development Director,and Community Relations Director) WHEREAS,the City Council of the United City of Yorkville has considered and discussed establishing a policy concerning a hiring process for certain salaried management employees, and WHEREAS,the City Council has determined that it desires to establish such a policy, and WHEREAS,the text of the policy the City Council now desires to establish concerning a hiring process for certain salaried management employees is set forth on the attached Exhibit"A"which is incorporated herein, and NOW THEREFORE,upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the Hiring Process for Certain Salaried Management Employees is hereby approved by the City Council of the United City of Yorkville in the form set forth on Exhibit"A"attached hereto and incorporated herein. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville,Kendall County, Illinois,this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 EXHIBIT "A" Hiring Process It is the goal of the United City of Yorkville to recruit and hire the best qualified candidate who meets the City's qualifications and needs. These individuals will be hired based on qualifications only with no consideration given to race, creed,religion,political affiliation, or national origin. 1. CITY ADMINISTRATOR, POLICE CHIEF, DIRECTOR OF PARKS AND RECREATION. These positions shall be filled using a recruitment firm. The process will be as follows: A. City Council selects a recruitment firm. B. Recruitment firm advertises and collects resumes. C. Recruitment firm meets with Council, Park Board, or appropriate Committee to select candidates for interviews. D. Interviews are held and a recommendation is made to the Mayor. E. Mayor conducts interviews and makes selection. F. Appointment made for Council's consent and job offer is made. 2. FINANCE DIRECTOR, CITY ENGINEER, PUBLIC WORKS DIRECTOR, COMMUNITY DEVELOPMENT DIRECTOR,AND COMMUNITY RELATIONS DIRECTOR A. HR Department advertises position and collects resumes. B. Resumes are reviewed by the City Administrator and HR Department. C. Resumes are presented to appropriate committee with recommendations. D. Applicants to be interviewed are selected. E. Interviews are held by committee with assistance and advice from outside professional or professionals. F. Committee recommendation made to Mayor. G. Mayor holds interviews and makes selection. H. Mayor presents candidate to Council for consent. I. Job offer is made. � v N d V N N U Q N N N N OD r 9 OR R C31 b b xko�� a o o _ e d' O) =I K CN .9 2 W H � 6 8 O N o Q ^� v O v m w ~ i• R d N m y v m o N le 9! Y Y N .n C m 'A (� ti IQ S R ga 8 N x C pp ° L 8 9n n F F A+. '00 A* O 44 o U g 40, go 1' 9 44 46 V n, !/! A'4n11AA