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City Council Packet 2006 09-26-06 United City of Yorkville 800 Game Farm Road EST. �I,� 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 o L y Fax: 630-553-7575 <CE �bv AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday, September 26, 2006 Call to Order: 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 Meetine: Ad-hoc: Technology Committee i Committee of the Whole To be Announced 7:00 p.m., Tuesday, October 17, 2006 City Hall Conference Room Economic Development Committee: Committee of the Whole 7:00 p.m., Tuesday, October 17, 2006 City Hall Conference Room Administration Committee Meetine: Committee of the Whole 7:00 p.m., Tuesday, October 3, 2006 City Hall Conference Room Public Safety Committee Meetine: Committee of the Whole 7:00 p.m., Tuesday, October 3, 2006 City Hall Conference Room Presentations: 1. None City Council Meeting Agenda September 26, 2006 Page 2 Public Hearings: 1. PC 2006-61 —Pat Smart,petitioner,has filed an application with the United City of Yorkville, Kendall County, Illinois requesting a special use in the United City of Yorkville for a pre-kindergarten in a B-3 Service Business District. The real property consists of approximately 1258 square feet located southwest corner of Route 34 and Sycamore Road(Fox Hill Center) in Kendall County, Illinois. 2. PC 2006-44—Neil, Beverly, and Craig Bomeman,petitioners,have filed an application with the United City of Yorkville,Kendall County, Illinois requesting annexation to the United City of Yorkville and rezoning from Kendall County A-1 to United City of Yorkville A-1 Agriculture District, B-3 Service Business District, and B-3 Special Use for Gasoline Service Station and for hearing as to the Annexation Agreement of Petitioner. The real property consists of 258 acres north and south of Route 71 and east of Highpoint Road in Kendall County, Illinois. 3. PC 2006-71 —North Star Trust Company u/t dated August 8,2006,No. 06-9993,petitioner,has filed an application with the United City of Yorkville,Kendall County, Illinois requesting annexation to the United City of Yorkville and rezoning from Kendall County A-1 to United City of Yorkville B-3 Service Business District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 15.32 acres located on the south side of Route 71 west of Highpoint Road in Kendall County, Illinois. 4. PC 2006-45—Eric and Diane Schanze,petitioners,have filed an application with the United City of Yorkville, Kendall County, Illinois requesting annexation to the United City of Yorkville and rezoning from Kendall County A-1 Agricultural District and R-3 One Family Residence District to United City of Yorkville M-1 Limited Manufacturing District,B-3 Service Business District and R-2 One-Family Residence District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 80 acres located on Highpoint Road and State Route 71 in Kendall County, Illinois. 5. PC 2006-67—North Star Trust Company u/t dated August 8, 2006,No. 06-9993,petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois requesting annexation to the United City of Yorkville and rezoning from Kendall County A-1 to United City of Yorkville A-1 Agriculture District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 759.7 acres located south of Route 71 East and West of Sleepy Hollow Road in Kendall County, Illinois. 6. Vacation of a portion of Sleepy Hollow Road located south of Illinois Route 71,that part of sections 14 and 23, Township 36 North, Range 6 East of the Third Principal Meridian Described as follows: That part of Sleepy Hollow Road lying south of the Southline of Illinois Route 71 and north of a line which bears south 89 degrees 55 minutes 26 seconds west and the easterly prologation of said line at a pointe 1935.49 feet north of the south quarter corner of said section 23,in Kendall County, Illinois. Citizen Comments: City Council Meeting Agenda September 26, 2006 Page 3 Consent Agenda: 1. EDC 2006-25 Building Permit Report for August 2006 2. EDC 2005-52 Resolution Approving the Preliminary Plan of Subdivision for Kleinwachter- authorize Mayor and City Clerk to execute 3. EDC 2006-26 Cobblestone a. Ordinance Authorizing the Execution of a Development Agreement -authorize Mayor and City Clerk to execute b. Resolution Approving the Preliminary Planned Unit Development Plan-authorize Mayor and City Clerk to execute c. Resolution Approving the Preliminary Plat of Subdivision-authorize Mayor and City Clerk to execute 4. EDC 2006-50 Resolution Approving the Preliminary Plan and Final Plat of Subdivision for Prairie Pointe— authorize Mayor and City Clerk to execute, subject to staff comments and legal review particularly regarding Crimson Lane and Post Office cross access easement 5. EDC 2006-57 Resolution Approving the Final Plat of Subdivision for Prestwick of Yorkville Unit 2— authorize Mayor and City Clerk to execute, subject to staff comments and legal review 6. EDC 2006-63 Resolution Approving the Final Plat of Subdivision for Kendallwood Estates - authorize Mayor and City Clerk to execute, subject to staff comments and legal review, temporary Route 126 access to remain in place until permanent access obtained on Route 126 in development agreement 7. EDC 2006-34 Ordinance Rezoning Kendall Marketplace- authorize Mayor and City Clerk to execute 8. PW 2006-146 Water Department Report for June 2006 9. PW 2006-147 Water Department Report for July 2006 10. PW 2006-148 IDOT Highway Permit and Resolution—Walnut Plaza- authorize Mayor and City Clerk to execute 11. PW 2006-149 IDOT Highway Permit and Resolution—BP Amoco -authorize City Clerk to execute 12. PW 2006-150 MOT Highway Permit and Resolution—Fountain Village- authorize Mayor and City Clerk to execute 13. PW 2006-151 Prestwick (Unit 1)—Earthwork Letter of Credit Reduction 92—authorize decrease in an amount not to exceed$186,805.62, subject to verification that developer has no outstanding debt owed to the City 14. PW 2006-152 Prestwick(Unit 1)—Sitework Letter of Credit Reduction#3 —authorize decrease in an amount not to exceed$931,309.18, subject to verification that developer has no outstanding debt owed to the City 15. PW 2006-153 Raintree Village Unit 6—Theoretical Construction Guarantee Reduction No. 2—authorize decrease in an amount not to exceed$761,177.11, subject to verification that developer has no outstanding debt owed to the City City Council Meeting Agenda September 26, 2006 Page 4 Consent Agenda (con't): 16. PW 2006-154 River's Edge Subdivision Unit 1 —Warranty Letter of Credit Expiration-authorize City Clerk to call the River's Edge Unit 1 warranty letter of credit if the punchlist is not satisfactorily addressed by November 17, 2006 17. PW 2006-155 Galena Road Watermain—Change Order#1 —authorize increase in an amount not to exceed $14,695.80 18. PW 2006-156 Walnut Plaza—Plat of Dedication and Plat of Easement-authorize Mayor and City Clerk to execute 19. PW 2006-157 YMCA—Pool Property Construction Easement—approve easement agreement and authorize staff to execute 20. PW 2006-158 IDOT Request—Subordination of Surface Rights for SE Corner of Rt. 47 and Countryside Parkway—authorize Mayor and City Clerk to execute 21. PW 2006-159 ComEd Interceptor—Easement Letter Agreement—authorize in an amount not to exceed $16,600.00 and Mayor and City clerk to execute, subject to identifying available funding 22. PW 2006-160 Yorkville Market Square—Sidewalk Agreement- authorize City Administrator to execute 23. PW 2006-161 Garden Club Proposal for Hanging Baskets in Downtown Area—approve proposal as presented 24. PW 2006-162 Sale of Generator—authorize sale to the Village of Capron in an amount not to exceed $6500.00 25. PW 2006-126 Resolution Approving the Road Fee Policy—authorize Mayor and City Clerk to execute 26. PW 2006-165 BP Amoco Redevelopment— Sidewalk Agreement-authorize City Administrator to execute 27. PW 2006-166 IDOT Highway Permit and Resolution—Speedway- authorize Mayor and City Clerk to execute 28. ZBA 2006-58 Ordinance Approving Variance for Reduction of Corner Side Yard Setback for Residence Located at 207 W. Ridge St. -authorize Mayor and City Clerk to execute Plan Commission/Zoning Board of Appeals: Minutes for Approval(Corrections and Additions): Minutes of City Council—May 9, 2006 and May 23,2006 Minutes of Committee of the Whole—None Bill payments for approval from the current Bill List(Corrections and Additions): Checks total these amounts: $ 1,198,849.97 (vendors) $ 191,729.03 (payroll period ending 9/6/06) $ 1,390,579.00 (total) City Council Meeting Agenda September 26,2006 Page 5 Reports: Mayor's Report: 1. Ordinance Amending City Code Title 1 —Administration, Chapter 5—Mayor and City Council Regarding Dissemination of Information 2. City Audit Update City Council Report: City Attorney's Report: City Clerk's Report: 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 Relations Manager: Community&Liaison Report: Committee Reports: Public Works Committee Resort: 1. No Report. Economic Development Committee Report: 1. PC 2005-44 Schramm a. Ordinance Authorizing the Execution of an Annexation Agreement b. Ordinance Annexing c. Ordinance Rezoning 2. PC 2006-37 O'Keefe Property a. Ordinance Authorizing the Execution of an Annexation Agreement b. Ordinance Annexing c. Ordinance Rezoning 3. PC 2006-61 Ordinance Granting Rezoning for the Property Located at Fox Hill Center, Southwest Comer of Route 34 and Sycamore Road 4. PC 2006-44 Borneman a. Ordinance Authorizing the Execution of an Annexation Agreement b. Ordinance Annexing c. Ordinance Rezoning City Council Meeting Agenda September 26, 2006 Page 6 Economic Development Committee Report (con't): 5. PC 2006-71 North Star Trust Company a. Ordinance Authorizing the Execution of an Annexation Agreement b. Ordinance Annexing c. Ordinance Rezoning 6. PC 2006-45 Schanze a. Ordinance Authorizing the Execution of an Annexation Agreement b. Ordinance Annexing c. Ordinance Rezoning 7. PC 2006-67 North Star Trust Company a. Ordinance Authorizing the Execution of an Annexation Agreement b. Ordinance Annexing c. Ordinance Rezoning 8. Ordinance Amending and Restating City Code Title 8 —Building, Chapter 14 - Pollution Control Siting 9. Resolution to Approve Host City Agreement 10. Ordinance Vacating a portion of Sleepy Hollow Road located South of Route 71 11. PC 2006-63 Kendallwood Estates a. Ordinance Authorizing the Execution of a Development Agreement Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. No Report. Additional Business: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES ;PUBLIC WORKS! ____ _________°°__- -------------- - - Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderman Munns Streets and Alleys YBSD Committee: Alderman Wolfer Sanitation and Waste Committee: Alderman James City Council Meeting Agenda August 22, 2006 Page 7 COMMITTEES,MEMBERS AND RESPONSIBILITIES (con't) ECONOMIC DEVELOPMENT ------------------- Committee Departments Liaisons Chairman: Alderman Munns Planning&Building&Zoning Chamber of Commerce Committee: Alder-woman 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 r UBLIC SAFET ___ ___ Committee Departments Liaisons Chairman: Alderwoman Spears Police Human Resource Comm. Committee: Alderman Wolfer Schools School District Committee: Alderman Leslie Public Relations KenCom Committee: Alderman Bock MINISTRATIONS Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Spears Public Properties Library Committee: Alderwoman Burd Personnel Cable Consortium Committee: Alderman Bock �,AD-HOC: TECHNOLOGY Committee Co-Chairman: Alderman Wolfer Co-Chairman: Alderman Bock ra . STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT FOR COBBLESTONE WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County,Illinois, that a certain Development Agreement pertaining to the development of the real estate described on Exhibit"A"attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Development Agreement has been drafted and has been considered by the City Council; 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 Agreement and to perform the obligations as required hereunder; and WHEREAS, all the statutory procedures for the execution of said Development Agreement have been fully complied with; and NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY,ILLINOIS, AS FOLLOWS: Page 1 of 2 Section 1: That the Mayor and City Clerk are herewith authorized and directed to execute, on behalf of the City, a Development Agreement concerning the development of the real estate described therein, a copy of which Development Agreement is attached hereto and made a part thereof. Section 2: That 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 Page 2 of 2 CAS STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION APPROVING THE PRELIMINARY PLANNED UNIT DEVELOPMENT PLAN FOR COBBLESTONE WHEREAS,the City Council of the United City of Yorkville has considered a Petition to approve the Preliminary Planned Unit Development Plan for Cobblestone; and WHEREAS,the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Preliminary Planned Unit Development Plan NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the following action is hereby taken by the City Council of the United City of Yorkville: 1. The Preliminary Planned Unit Development Plan for Cobblestone is approved and all appropriate City officials are hereby authorized to execute same subject to staff comments and legal review. 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 APPROVING THE PRELIMINARY PLAT OF SUBDIVISION FOR COBBLESTONE WHEREAS;the City Council of the United City of Yorkville has considered a Petition to approve the Preliminary Plat of Subdivision for the Cobblestone Subdivision; and WHEREAS,the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Preliminary Plat of Subdivision; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the following action is hereby taken by the City Council of the United City of Yorkville: 1. The Preliminary Plat of Subdivision for the Cobblestone Subdivision is approved and all appropriate City officials are hereby authorized to execute same subject to staff comments and legal review. 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 52 Wheeler Road • Sugar Grove, IL 60564 TEL: 630 /466-9350 FAA: 630 1466-9380 yr w.eeiweb.com Engineering Enterprises, Inc. September 21, 2006 Mr. Joseph A. Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Prairie Pointe Final Plat& Site Development Review United City of Yorkville, Kendall County, Illinois. Dear Mr. Wywrot: We have reviewed the following submitted material for the referenced plan submittal: • Civil Engineering Plans prepared by Smith Engineering Consultants, Inc. consisting of eighteen (18) sheets with revision date September 11, 2006. • Engineer's Opinion of Probable Construction Costs (Mass Grading) prepared by Smith Engineering Consultants, Inc. dated September 12, 2006. • Final Plat of Subdivision for Prairie Pointe consisting of 2 sheets prepared by Smith Engineering Consultants, Inc. with a revision date of September 7, 2006 Our review of these plans is to generally determine the plan's compliance with City of Yorkville ordinances and whether the improvements will conform to existing City systems and equipment. This review and our comments do not relieve the designer from his duties to conform to all required codes, regulations, and acceptable standards of engineering practice. Engineering Enterprises, Inc.'s review is not intended as an in-depth quality assurance review. We cannot and do not assume responsibility for design errors or omissions in the plans. Our recommendations and comments are as follows: CIVIL ENGINEERING PLANS 1. All comments from our site development review letter dated September 6, 2006 have been adequately addressed and we recommend approval of the Site Development Permit contingent upon the developer providing sufficient evidence to the City that an agreement for off-site stonnwater management is or will be provided on the Harriman property. 2. A Letter of Credit for the amount of $180,462.22 is recommended for site development. It Consulting Engineers Specializing in Civil Engineering and Land Surveying should be noted that due to the proposed use of bio-swales for stormwater conveyance, no storm sewer costs are included in the site development costs. The developer is cautioned that proper conveyance of stormwater should be maintained at all times during project development. PLAT OF SUBDIVISION 3. The blank line for the 30' sanitary sewer easement document number should be completed prior to the plat being recorded. 4. The Existing 20' Drainage and Utility Easement shown within this subdivision should have text added to state the document number by which it was granted. 5. All other comments have been satisfactorily addressed. The Final Plat is acceptable contingent on the completion of items#3 and #4. CONCLUSION Review of the stormwater management, stormwater conveyance and best management practices (BMP's) will be reviewed upon receipt of revised documents. If you have any questions or require additional information, please contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. William E. Dunn, P.E. Senior Project Manager Mark G el el P.L.S. Senior Project Surveyor P.C.: Bart Olson, Assistant City Administrator Travis Miller, Community Development Director Charley Wunder, Urban Planner Lynsey Johnson, Administrative Assistant Jason Poppen, SEC George Keck, SEC JWF/JTW- EEI G\Public\YorkvilIM2006\Y00627 Prairie Pointe\Doc\IwywrotEng&PIat06 doc M m Y ' N O N O N N O W Oo - O n M M M n o N N ; N Q d N - itl {V fV O M N O - r a0 N N O to o iC 6 Y1 N oY } � FMaoo .- aN in u� o �o a$ mmm yoiMrnoio �eri o ov_ a O UJ J OD ui = U Z H = g o IL z wwwwwww w fa �» w 7 M O W( M 0 0 0 f.1 } n M a IV Oi C'i W F- LLNi N N (NO_ N z of O N CJ M Q ' 7 0 N o O O N N 11 V cli H Z � N X w w fR w EA w fA nj z O � a ZZU O �? a U U U U LL -j U j o IL (� z Z p QO Q K Y O U H O cn N - 0 N � U U H o Z O 0 H J F- U3 UZ D � a z_ J W ui Z ql N F fW,. Oaa W 0 Z } m Q JUU 0 co t7 > j p7 O fy/1 It a< U aO ppw Q LL O W Hr0ap� � Q" U 6 — ow J W < O W a F J R' d Z .<... 7 Fzaa Fz p J F W Z M O LL -a �W' N N F a z Q V ? 0 LL � H F Z Z F J Q O O z K a. W 5 Q t J 0 7 7 00 � J W C CO w w 0 m 01010 N co O F CSI a0 FAP 326(IL 47) I Section 108 C- Kendall County Job No.R-93-007-98 Page 1 Of 4 RECORDER'S USE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION SUBORDINATION OF SURFACE RIGHTS FOR PUBLIC ROAD PURPOSES KNOW ALL MEN BY THESE PRESENTS, That the Grantor, UNITED CITY OF YORKVILLE, of the County of Kendall and State of Illinois, for and in consideration of the sum of ONE AND NO/100 DOLLARS ($1.00) in hand paid by the State of Illinois, acting by and through the Department of Transportation, or on its behalf, the receipt of which is hereby acknowledged, do hereby subordinate unto the People of the State of Illinois, its interest which has been acquired in, through, or by easement or easements dated and filed in the Recorder's Office of Kendall County, Illinois, as follows: PAGE 2 OF 4 JOB NO. R-93-007-98 PARCEL DATE OF DATE OF NUMBER EASEMENT RECORDING RECORDATION DATA 3DD0013 ---------------- 06/28/1996 Document No.9606847 to the paramount right of the State of Illinois to construct, reconstruct, operate, maintain, and control access to FAP 326(IL 47)on the following land as shown on the attached plat in Kendall County and State of Illinois. PAGE 3 OF 4 JOB NO. R-93-007-98 Any alteration, protection and/or relocation of said Grantor's facilities now or hereinafter made within or adjacent to the aforesaid described land, which is required by order of the state in connection with any exercise by the state of its right hereunder, shall be performed by the Grantor, but the Grantee shall reimburse the Grantor for the actual reasonable cost of such performance. This subordination of the Grantor's easement or easements shall be effective only as to such air and surface rights and to such distances below the surface as may reasonably be required to construct, reconstruct, operate, and maintain said highway to insure adequate and sufficient lateral and vertical support thereof, and that otherwise this subordination shall in no way affect or impair the rights of the Grantor, its successors or assigns, under and by virtue of said easement or easements, including, but not limited to, the right to construct additional facilities under, over and across said highway, provided that the construction of any future facility under, over and across said highway shall be performed In such a manner as not to interfere with or impair the use of said highway and shall conform to reasonable rules and regulations as to such construction as may be promulgated by Federal or State authorities. IN WITNESS WHEREOF, the Grantors) (has have) hereunto set (his her their) hand(s) and seal(s)this day of ,— UNITED CITY OF YORKVILLE BY: ATTEST: PAGE 4 OF 4 JOB NO. R-93-007-96 STATE OF COUNTY OF SS. I, , a Notary Public in and for said county in the state aforesaid, do hereby certify that and personally known to me to be and respectively of UNITED CITY OF YORKVILLE, A Governmental Body, and also known to me to be the persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such and , respectively, they signed, sealed, and delivered the said instrument as the free and voluntary act of said Governmental Body, for the uses and purposes therein set forth,and that they were duly authorized to execute the same by the Board of Directors of said Governmental Body. Given under my hand and notarial seal this day of A.D., NOTARY PUBLIC My Commission Expires: Return To And Prepared By State Of Illinois Department of Transportation 700 East Norris Drive Ottawa, IL 61350 PLAT FOR HIGHWAY CONVEYANCE `"° ILLINOIS ROUTE 47 YORKWLLE. ILLINOIS COUNTR YSIOE PARKWAY R'' M6 N 0. 4 � " n 18x.61' �a b �9 YRMXIC SCN.@ lanr or oewc PA L Rxt vaY AOUmoN- or! =NiRnM PARMAYA(RN 47 HARRN(1F.41M'MS mmeua'm wrs�nmanunm rw a��s'.evu�va n.�wnT r °.�. �w"u° mmY !mil t STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE No. 2006- ORDINANCE APPROVING VARIANCE FOR REDUCTION OF CORNER SIDE YARD SETBACK FOR RESIDENCE LOCATED AT 207 W. RIDGE STREET WHEREAS, Paul and Susan O'Brien ("Petitioners") filed ZBA Petition 2006-58 requesting a variance for 207 W. Ridge Street decreasing the corner side yard setback of a single family residence from 30 feet to approximately 2 feet from the property line which is more specifically described in the attached Exhibit"A"; and WHEREAS, the Petitioners indicate that they plan to substantially improve the real property to enhance the value of the property and improve the aesthetics of the neighborhood; and WHEREAS, the Zoning Board of Appeals of the United City of Yorkville held a public hearing on September 6, 2006 with regard to said Petition, and WHEREAS, the Zoning Board of Appeals took public comment on the issues before it and made specific findings of fact related to the granting of the variance sought, and I i WHEREAS,the Zoning Board of Appeals recommended the approval of said requested variance from the requirements of Section 10-6C-4B concerning Comer Side Yard Setback(Reducing the corner side yard setback from 30 feet to approximately 2 feet from the property line)to the City Council; and WHEREAS,the Mayor and City Council of the UNITED CITY OF YORKVILLE have reviewed the findings of fact made by the Zoning Board of Appeals, considering the public comment presented at the public hearing and have determined that the requested variance is appropriate under the circumstances presented by the Petitioners; NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,upon Motion duly made, seconded and approved by a majority of those so voting, the following Variance is hereby granted from the United City of Yorkville Code, Title 10 --Zoning for the real property more fully described in Exhibit"A": 1. Reduction of Corner Side Yard Setback: Section 10-6C-4B of the United City of Yorkville Zoning Code is hereby vaned to permit the comer side yard set back of the single family residence to be approximately two feet( 2'). The variance granted herein is contingent upon the construction of the porch pursuant to the design,plan and specifications presented to the Zoning Board of Appeals and the City Council. No other variance from the City Code for design,plan or specifications for said structure is permitted by this Ordinance. IN WITNESS WHEREOF, this Ordinance has been enacted this_day of , 2006 by the City Council of the United City of Yorkville. 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 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ELL HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON DRAFT TUESDAY,MAY 9.2006. Mayor Prochaska called the meeting to order at 7:05 P.M and led the Council in the PI edge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Leslie Present Ward II Burd Present Wolfer Present(left from 7:10 to 7:13) Ward III Bock Present Munns Present(arrived 7:30) Ward IV Besco Present Spears Present Also present: City Clerk Milschewski,City Treasurer Powell,Interim City Administrator Crois, Assistant City Administrator Olson,City Attorney Wyeth,Police Lieutenant Schwarizkopf, Director of Public Works Dhuse,Director of Park&Recreation Mogel and Community Development Director Miller. UO ORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Prochaska noted that there would not be an Executive Session. He also stated that Item#2 under the Economic Development Committee Report,the Resolution Approving the Final Plat of Subdivision for Villas at the Preserve is being removed from the agenda. He further noted that the City received a request to postpone the Kleinwachter public bearing however the public hearing will be opened as it was noticed. COMMITTEE MEETING DATES Public Works Committee 7:00 PM.,Monday,June 5,2006 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 PM.,Thursday,May 25,2006 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M,Thursday,June 1,2006 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 7:00 P.M.,Thursday,May 11,2006 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee 6:30 P.M.,Tuesday,Jane 13,2006 City of Yorkville Conference Room 800 Game Farm Road PRESENTATIONS Certificate of Recognition Mayor Prochaska,Lieutenant Schwartrkopf and Alderman Spears presented Officer Jon Holland with a Certificate of Recognition for his role in the researching and implementation of the Police Cadet Program. Alderman Spears read a letter from the Public Safety Committee commending Officer Holland for his efforts. The Minutes of the Reeular Meetine of the City Council—May 9.2006—naee 2 PUBLIC HEARINGS Kleinwatcher Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Herb and Pam Kleinwatcher and Old Second Bank Trust 8051,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-2 One-Family Residence District and for hearing as to the Annexation Agreement of the petitioner. The real property consists of approximately 9.81 acres located on Route 47 south of legion Road and north of Ament Road,Kendall Township,Kendall County,Illinois. So moved by Alderman Bard;seconded by Alderman Leslie. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Leslie-aye,Wolfer-aye,James-aye,Burd-aye,Spears-aye,Bock-aye Please see attached Report of Proceedings by Christine Vitosh,C.S.K from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to postpone the public hearing until the June 13,2006 City ' Council meeting. So moved by Alderman Leslie;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,Spears-aye,Bock-aye,Besco-aye,Leslie-aye,Wolfer-aye,James-aye Pulte Home Corporation Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Pulte home Corporation,MPLIV 10 LLC,MPLN 20 LLC and MLH Yorkville,LLC,petitioners, request an amendment to an Annexation and Planned Unit Development Agreement and request a rezoning to increase the areas presently zoned B-3 Service Business District and R-3 General Residence District and to decrease the area presently zoned R-2 One-Family Residence District and to modify the existing Planned Unit Development approved for a part of the real property. The real property consists of approximately 587 acres at the northwest comer of Galena Road and Route 47,in the United City of Yorkville,Kendall County,Illinois. So moved by Alderman Besco;seconded by Alderman Bock. Motion approved by a roll call vote. Ayes-7 Nays-0 Leslie-aye,Wolfer-aye,James-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye Please see attached Report of Proceedings by Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Besco;seconded by Alderman Brad. Motion approved by a roll call vote. Ayes-7 Nays-0 Wolfer-aye,James-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye,Leslie-aye MPI#6 South Yorkville,LLC Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing MPI#6 South Yorkville,LLC,petitioner,request to annex to the United City of Yorkville and rezone from Kendall County A-] Agricultural to United City of Yorkville Planned Unit Development containing R-2 One-Family Residence District,R-2 Duplex Two-Family Residence District,R-3 General Residence District,R4 General Residence District and B-2 General Business District. The real property consists of approximately 916.44 acres east of Immanuel Road,north and south of Ament Road,west of Route 47 and north and south of Walker Road, Kendall Township,Kendall County,Illinois. So moved by Alderman James;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-8 Nays-0 Wolfer-aye,James-aye,Munns-aye,Burd-aye, Spears-aye,Bock-aye,Besco-aye,Leslie-aye Please see attached Report of Proceedings by Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to postpone the public hearing until the June 13,2006 City Council meeting. So moved by Alderman Wolfer;seconded by Alderman Burd. The Minutes of the Reeular Meetine of the City Council—March 28,2006—pope 3 Motion approved by a roll call vote. Ayes-8 Nays-0 James-aye,Munns-aye,Burd-aye,Spears-aye, Bock-aye,Besco-aye,Leslie-aye,Wolfer-aye Revised Planned Unit Development(PUD)Ordinance Mayor Prochaska entertained a motion to into public hearing for the purpose of discussing the Revised Planned Unit Development Ordinance. So moved by Alderman Burd;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-8 Nays-0 James-aye,Mums-aye,Burd-aye,Spears-aye, Bock-aye,Besco-aye,Leslie-aye,Wolfer-aye Community Development Director Travis Miller addressed the City Council and explained that the Revised PUD Ordinance has been recommended by the City staff. A public hearing was held at the April 12,2006 Plan Commission meeting and it was their recommendation to move the Ordinance forward. He explained the three purposes for the revision: 1. Under the current process the City requires that the concept plans and preliminary plan (including preliminary engineering)be submitted and reviewed. These plans include a high level of detail which creates time and expense for the developer. A PUD should be an incentive to the developer however the way the current ordinance is structured is a deterrent. 2. The current ordinance has historically been applied to address variances such as lot size, density,land use,etc. A PUD should be more unique than this;it should describe things such as architectural style,product,mixed land uses,etc. Language has been added to identify these use unique PUD guidelines and what the petitioner needs to do in their application. 3. For better record keeping,the revision will require that when the PUD is used for special use,the underlying zoning remain. Currently is hard to determine which PUDs are for special use versus straight zoning. The revision creates PUD zoning classifications which will make it easier for staff to track allowable uses and restrictions within a PUD. The process for approval will be similar to a zoning approval the City currently uses. The floor was opened for public comment;there was none. The floor was opened for City Council comment. Mayor Prochaska noted that Director Miller and the staff have worked hard on developing the revision. He pointed out the ordinance revision under section 10-13-1:Purpose which enumerates attributes such as materials,open space,living environment etc. He stated that these are things that the City has discussed but have never been formally written down. He stated that he liked the revisions. Aldermen James and Wolfer complimented the staff on a job well done. There were no further continents. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Wolfer,seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-8 Nays-0 Mums-aye,Burd-aye,Spears-aye,Bock-aye, Besco-aye,Leslie-aye,Wolfer-aye,James-aye CITIZEN COMMENTS Attorney Dan Kramer addressed the City Council on behalf of Karen Onishi. He explained that Ms.Onishi has filed requests for annexation,zoning as an office district and approval of site plan however they are requesting that this be removed from tonight's agenda. He indicated that the petitioner does plan on continuing the process however they are amending their petition to ask for transition zoning. Attorney Wyeth clarified that a motion to remove this from the agenda was not necessary;the item can die from lack of action. Robbin Amfelt,661 Heartland Drive,addressed the City Council. She thanked the City Council for their patience with the Onishi development. She thanked them for listening to the citizen's concerns. The Minutes of the Reeular Meetine of the City Council—May 9,2006—Vane 4 Bob Williams,501 Teri Lane,addressed the City Council regarding the parking ban in effect He stated that he believes in parking bans such as the one in effect used after two inches of snow fall. His concern was with the process used to determine that the City needed a blanket,city-wide ban. He stated that most decisions in a quality organization are 95%process versus 5%people. He stated that he spoke with a few aldermen and the explanations he has heard have been a"people thing"opposed to a"process thing". He agreed a parking ban was needed beyond the snow fall ban;there are narrow streets were parking is a premium. He asked that the City Council give the citizens the"process"that they used for the current ban from 1:00 to 6:00 a.m. He offered his services to work with the City Council to develop a better ordinance. He asked to be shown data to see how safety issues have improved since the ordinance has been in effective. He also expressed his dismay that 100%of residents of a street have to sign a petition to get the ban lifted from their street He asked where else in society is 100%needed for such a thing. He stated that the City is a quality organization and he asked them to rethink the ban and develop a proper solution to the problem to take to voters for a referendum. Mary Unterbrunner,418 Jackson Street,distributed and discussed a handout(see attached) outlining the timeline of the parking ban. She noted that initially in April 2005,residents from the Fox Hill subdivision came to a Public Safety Committee meeting to voice their concerns about commercial vehicles parked overnight in their area and safety for the people in their area park. Mrs.Unterbrunner agreed with these concerns and stated that the common ground at many of the meetings she listed on her handout were these original issues. She stated that in the course of the meetings,more people opposed the ban so she felt that public input was being taken into consideration. She asked the City Council to review the timeline and examine how the ordinance was drafted and she asked them to review the parking regulations already in place(outlined in her handout). She asked that the City Council keep the portion of the ordinance regarding truck parking,enforce the ordinances already in place and repeal the 1:00 to 6:00 a.m.car ban. CONSENT AGENDA 1. Police Reports for March 2006(PS 2006-15) 2. Building Permit Report for March 2006(EDC 2006-10) 3. Resolution 2006-33—Approving the Preliminary and Final Plats of Subdivision for Grande Reserve Unit 14-authorize the Mayor and City Clerk to execute(PC 2006-01) 4. Resolution 2006-34—Approving the Preliminary and Final Plats of Subdivision for Grande Reserve Unit 15-authorize the Mayor and City Clerk to execute(PC 2006-04) 5. Resolution 2006-35—Approving the Preliminary and Final Plats of Subdivision for Grande Reserve Unit 16-authorize the Mayor and City Clerk to execute(PC 2006-06) 6. Resolution 2006-36—Approving the Final Plat of Subdivision for Cozy Corner Subdivision-authorize the Mayor and City Clerk to execute(PC 2006-14) 7. Resolution 2006-37—Approving the Preliminary Plat of Subdivision for Hudson Lakes- authorize the Mayor and City Clerk to execute(PC 2005-53) 8. Resolution 2006-38—Approving the Final Plat of Subdivision for Yorkshire Estates- authorize the Mayor and City Clerk to execute(PC 2006-02) 9. 2005 In-Town Drainage Program—Request for Additional Compensation-approve in an amount not to exceed$8,410.00 and authorize Mayor to execute(PW 2006-71) 10. 2005 In-Town Drainage Program—Change Order#12-approve in an amount not to exceed$54,770.00 and authorize Mayor to execute(PW 2006-87) 11. Resolution 2006-39—Approving Hourly Rates and Expenses for Engineering Enterprises Inc.(EEI)-authorize the Mayor and City Clerk to execute(PW 2006-73) Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Mures;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,James-aye,Leslie-aye,Mums-aye, Spears-aye,Wolfer-aye,Bock-aye,Besco-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council Meeting of March 28,2006 and the minutes of the Downtown Redevelopment meeting of February 13,2006; seconded by Alderman Mums. Motion approved by a viva voce vote. The Minutes of the Reenlar Meetine of the City Council—May 9,2006—oaee 5 BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated April 28,2006 totaling the following amounts:checks in the amount of $2,425,393.71 (vendors—FY 05/06);$198,366.25(vendors—FY 06/07);$173,318.21(payroll period ending 4/1506);for a total of$2,797,078.17;seconded by Alderman Wolfer. Alderman Spears questioned a payment to Schoppe Design Associates for the Jefferson Street "legal services". Attorney Wyeth clarified that the comment`legal services"was a Scribner's error. Mayor Prochaska asked that the comment be stack from the Bill List kept with the minutes. Motion approved by a roll call vote. Ayes-7 Nays-0 Present-I James-aye,Munns-aye,Burd-aye,Spears-present, Bock-aye,Besco-aye,Leslie-aye,Wolfer-aye REPORTS MAYOR'S REPORT Proclamation for Blue Star Salute Day Mayor Prochaska stated that he was not aware if they would hold special activities this year however he still wanted to do a proclamation to remind everyone of the people serving in the Armed Forces. He read the proclamation for Blue Star Salute Day(see attached). He noted that last year,the American Legion had a special day to commemorate this. He entertained a motion to ratify the proclamation. So moved by Alderman Wolfer;seconded by Alderman Burd. Motion approved by a viva voce vote. Proclamation for Poppy Awareness Days Mayor Prochaska read the proclamation for Poppy Awareness Days,May 18,19,and 201h,2006. (see attached). He entertained a motion to ratify the proclamation. So moved by Alderman Wolfer;seconded by Alderman Bock. Motion approved by a viva voce vote. Proclamation for Volunteer Week Mayor Prochaska read the proclamation for Volunteer Week,May 10 through May 20,2006 (see attached). He entertained a motion to ratify the proclamation. So moved by Alderman Burd; seconded by Alderman Wolfer. Motion approved by a viva voce vote. Mayor's Community Volunteer Appreciation Lunch Mayor Prochaska reported that he would be holding the Mayor's Community Volunteer Appreciation Lunch on Saturday,May 13,2006 at the Riverfront Park from noon to 2:30 p.m. He invited all those who volunteer in the community to attend the event. Proclamation for National Public Works Week Mayor Prochaska read the proclamation for National Public Works Week,May 14"through May 20,2006(see attached).He entertained a motion to ratify the proclamation. So moved by Alderman Wolfer;seconded by Alderman Spears. Motion approved by a viva voce vote. Proclamation for Click It or Ticket Month Mayor Prochaska read the proclamation for Click It or Ticket Month,May 2006(see attached). He entertained a motion to ratify the proclamation. So moved by Alderman Burd;seconded by Alderman Wolfer. Motion approved by a viva voce vote. Appointment to Committees/Commissions Mayor Prochaska reported that he has made all but two appointments to City Committees/Commission. He has received applications to the Park Board which he is still reviewing and he is still in conversations with individual who are architects for the Fapade Committee. The other appointments are: • Plan Commission—Brian Schillinger,Jack Jones and Bill Davis • Human Resource Commission—Jeff Grezlik,Diana Lento-Reidy,Madonna Bialek • Fire&Police Commission—Mike Anderson The Minutes of the Regular Meeting of the City Council—May 9,2006—pare 6 o Library Board—Carol LaChance,Beth Gambro,Joseph Gruber o Park Board—Ken Koch,Seth Schoonover o Zoning Board of Appeals—Harold Feltz o Fagade Committee—Richard Scheffrahn o Police Pension Fund—Todd Overmeyer Mayor Prochaska entertained a motion to approve the appointments to Committees and Commission as presented. So moved by Alderman Wolfer;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Bock-aye,Besco-aye,Leslie-aye, Wolfer-aye,James-aye,Munns-aye,Bud-aye CITY COUNCIL REPORT No report. ATTORNEY'S REPORT Attorney Wyeth noted that at a previous meeting,an alderman presented a letter that had been received from a realtor soliciting the purchase of property. The letter involved a reference that the landowner should be concerned because the land could possibly be taken by the use of condemnation or eminent domain. Attorney Wyeth reported that he called the realtor and found that four such letters went out in the Yorkville area. Attorney Wyeth advised the realtor that Yorkville was one of the first cities to indicate that it would not use the power of eminent domain for economic purposes. He explained tot eh realtor that the letter was erroneous and potentially inflammatory. Attorney Wyeth asked that the letter be corrected and the realtor indicated he would send the four individuals a letter of correction. Alderman Bud thanked Attorney Wyeth for following up on this. Alderman Spears asked if Attorney Wyeth sent a copy of the appropriate ordinance to the realtor. Attorney Wyeth stated he did not and Alderman Spears stated she would like him to do this. CITY CLERK'S REPORT Clerk Milschewski stated that the appointment of the Deputy Clerk was on the agenda in error and would be done at the next City Council meeting. Assistant City Administrator Olson remains in the position until the new appointment. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DMECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that the Mill and State Street watermain projects are almost finished. The infrastructure is in and the streets will be paved next. CHIEF OF POLICE REPORT Lieutenant Schwarizkopf reported that the two newly hired officers began their training in Champaign,Illinois on May 8,2006. Both have passed their physical fitness test. DIRECTOR OF PARKS&RECREATION REPORT Director Mogle reported that the"Sweetness"Run will be held in Yorkville for the first time on June 17,2006. Registration for the event will be at 6:30 a.m.at Yorkville High School and Park Superintendent Scott Sleezer helped set up the course COMMUNITY DEVELOPMENT DIRECTOR REPORT Director Miller reported that he attended the National Planning Conference in April 2006 where he learned a great deal about innovative planning tools that can be applied to his work here in Yorkville. The thanked the City Council for the opportunity to attend the conference. COMMUNITY&LIAISON REPORT Kendall County IPLAN Workshop Alderman Spears reported that on April 27,2006 she attended the Kendall County IPLAN Workshop at the Kendall County Health Department. The workshop was conducted by the University of Illinois College of Medicine. The IPLAN is a five year assessment plan for all county health departments and service providers throughout the state of Illinois. The purpose of The Minutes of the Reeular Meetiae of the City Council—May 9,2006—maee 7 the plan is to attain knowledge of trends,resources,servicing programs,population,etc. Alderman Spears shared a multitude of facts about Kendall County that were discussed at the workshop. The purpose of the workshop is to create a plan for the future health of residents in Kendall County. There will be several more workshops with the target being school children in order to combat obesity. Aurora Area Convention and Visitor Bureau Alderman Burd reported that she was contacted by the Aurora Area Convention and Visitor Bureau(AACVB)regarding the Midwest Literary Festival. The expanded festival will be funded by the City of Aurora. A foundation is also being created for the festival.She noted that last year Mayor Prochaska read at the event and she hoped that Yorkville would continue its participation. She also noted that the City Council will need to select its representative to the AACVB for the next three year term. This will be discussed at the next Economic Development Committee meeting. Cable Consortium Meeting Mayor Prochaska reported that he and Alderman Wolfer attended the Cable Consortium meeting last week. One subject discussed at the meeting was how other communities are in the process of changing their cable ordinances to include the video service that is provided by voice-over internet. This will be defined as the same service as cable. Several have passed a moratorium on having the"big boxes"built that are used by the telephones that can provide the service. The boxes are large and only service about 300 homes. Another issue discussed is a resolution to the federal legislators discouraging them from creating a federal franchise system. Agencies that have franchise agreements with the City will now have agreements with the federal government instead and fees will go federally instead of locally. Mayor Prochaska indicated that this item will be on a future Committee of the Whole meeting agenda. Alderman Spears asked if the moratoria are being challenged in any communities and Mayor Prochaska stated that they were. He stated that depending on how the moratorium is being written depends if it can be challenged. Alderman Wolfer stated that the consortium thought it would be better to be proactive and for the communities to unite and develop a plan. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT Ordinance 2006-39 Amending City Code Title 6— Traffic,Section 6-2-6 Repealing the Prohibition of Overnight Parking A motion was made by Alderman Spears to approve an Ordinance Amending City Code Title 6— Traffic,Section 6-2-6,as presented,repealing the Prohibition of Overnight Parking for passenger vehicles;seconded by Alderman Burd. Alderman Spears stated that Section E is being retained concerning commercial vehicles. The ordinance and the parking ban referendum will be discussed further at the next Public Safety Committee meeting. Alderman Besco thanked Mr.William for his earlier comments and he agreed with his suggestion to form a committee to investigate this further. He stated that the City Council had good intentions when developing the ordinance and he felt that it could be adjusted to accommodate everyone however he stated that he would vote against repealing the ordinance at this time. Alderman Leslie also thanked Mr.Williams and Mrs.Unterbrunner for their comments however he stated that he was going to follow Alderman Besco lead. He stated that the ordinance is lacking however there is a need to have something on the books. He noted that no citations have been written so the enforcement is still suspended. He stated that he supported the suspension until the ordinance can be amended to address the issues. He felt that it would be a drastic step backwards to repeal the restrictions on residential parking. Aldernan Mums reported that the Neighborhood Watch group in the Fox Hill subdivision is supportive of the ordinance. He stated that he spoke with members of both the Yorkville and the Oswego Police Departments who supported the ban. He noted that he has received 17 emails or telephone calls that were in favor of a total ban,5 that supported the commercial ban and four The Minutes of the Regular Meeting of the City Council—May 9.2006—mage 8 who opposed the total ban. He stated that he found no compelling reason to change the ordinance however he supported sending it back to a committee so that a compromise could be worked out Alderman Burd stated that she only had a few people contact her who were in favor of the ordinance. She explained that her main reason for voting for the repeal is that the ordinance causes a hardship for many people. She stated that she spoke with residents in Oswego who were upset with their parking ban and they had the same concerns that the residents of Yorkville have raised. She did not understand how the ordinance could be amended as it currently stands and recommended starting over. She also suggested looking at specific streets and areas that have problems and address them without a blanket ordinance. Alderman James agreed with Alderman Besco that the intent was good when this was started. He noted that parking on the streets in new subdivisions should be addressed in the design phase and governed by Homeowners Associations. He stated that he supported the repeal of the residential parking ban. Alderman Wolfer agreed that the residential ban should be"scrapped". He agreed with Mr. Williams that the"process"should be looked at,facts should be investigated to support a ban and a committee should be developed to do this. He stated he was in favor of the repeal. Alderman Bock echoed Aldermen Leslie,Munns and Besco's thoughts however he also appreciated Mr.William's comments.He stated that he was in a dilemma as to which way to vote however he felt that ordinance should be amended rather than to have it thrown out to start over again. Alderman Spears noted that she was not present for the original vote and commented that if the aldermen such as Alderman Leslie realized there were problems with the original ordinance,they should have voted against it She stated that the City Council should admit there were errors in the ordinance and totally repeal it. Alderman Leslie stated that he was present for the vote and felt the need for a ban. He stated that he stood by his vote as be did not favor scrapping the ordinance. Alderman Wolfer stated that he could support either scrapping or amending the ordinance however he wanted it to go back to a committee for revision. He stated that he wanted to see it addressed by a committee comprised of representatives from each ward. Alderman Burd commented that she did not understand how the ordinance could be amended item by item as it currently stands. She felt to do this in an expeditious manner;the City Council had to start over. She stated that a concept needed to be developed indicating what the City Council wants to achieve and then from this concept an ordinance can be developed. A motion was made by Alderman Mumps to postpone the approval of the ordinance and to send it back to the Public Safety Committee;seconded by Alderman Besco. Mayor Prochaska commented that this is an amendment to the ordinance;the ordinance still exists with the residential parking ban being removed. He stated that even with the amendment, the City is still addressing the main issue of large vehicles parking on streets overnight. The question arose whether this item could not go to the next Public Safety Committee meeting as the agenda for that meeting has already been posted. Alderman Burd questioned if this could be discussed at the meeting under Additional Business. Attorney Wyeth clarified that this was correct. Mayor Prochaska noted that the action on this agenda item will be postponed until the next City Council meeting. Motion to postpone defeated by a roll call vote. Ayes-2 Nays-6 Bock-nay,Besco-aye,Leslie-nay,Wolfer-nay, James-nay,Munns-aye,Burd-nay,Spears-aye. Motion to approve the amendment approved by a roll call vote. Ayes-5 Nays-3 Munns-nay,Burd-aye,Spears-aye Bock-aye, Besco-nay,Leslie-nay,Wolfer-aye,James-aye ADMINISTRATION COMMTTTEE REPORT No report The Minutes of the Regular Meeting of the City Council—May 9.2006—naee 9 ADDITIONAL BUSINESS Alderman Spears reported that Senator Lauzen called her and informed her that be is trying to get funds for the widening of Route 47. He proposed to Tim Marten with the Illinois Department of Transportation that IDOT take about 10%out of the Prairie Parkway funds and allocated it to Route 47 as the widening is a priority. She stated that Representative Lindner is also doing her best to obtain funding. Mayor Prochaska stated he has spoken with Representative Lindner who explained that the widening funds are still in the capital budget which still has not been funded. There is a question as to the legality of taking funds that have been allocated to the Prairie Parkway to use toward Route 47. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Wolfer;seconded by Alderman Spears. Motion approved by a viva voce vote. Meeting adjourned at 8:57 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois CITY COUNCIL MEETING UNITED CITY OF YORKVILLE, ILLINOIS I REPORT OF PROCEEDINGS had at the meeting of the above-entitled matter transcribed by CHRISTINE M . VITOSH, C . S . R. , on May 9, 2006, at the hour of 7 : 00 p .m. , at 800 Game Farm Road in the City of Yorkville, Illinois . �Els® m CQUILT reporting service 1212 South Naper Boulevard • Suite 119-185 - Naperville, IL 60540 • 630-983-0030 • Fax 630.299-5153 www.depocourt.com 2 1 P R E S E N T : 2 MR. ARTHUR F. PROCHASKA, Mayor; 3 MR. PAUL JAMES , Alderman; 4 MR. JASON LESLIE, Alderman; 5 MS . VALERIE BURD, Alderwoman; 6 MR. DEAN WOLFER, Alderman; 7 MR. MARTY MUNNS , Alderman; 8 MR. JAMES BOCK, Alderman; 9 MR. JOSEPH BESCO, Alderman; 10 MS . ROSE ANN SPEARS , Alderwoman; 11 MR. JOHN CROIS , City Administrator; 12 MR. WILLIAM POWELL, Treasurer; 13 MS . JACQUELYN MILSCHEWSKI , City Clerk . 14 15 A P P E A R A N C E S : 16 MR . JOHN JUSTIN WYETH, Counsel , 17 appeared on behalf of the United City of Yorkville, Illinois . 18 19 - - - - - 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 3 1 ( Pledge of Allegiance) 2 MAYOR PROCHASKA: The first is -- 3 I ' m going to entertain a motion to go into public 4 hearing for the discussion of the Herb and Pam 5 Kleinwachter and Old Second Bank Trust, 6 petitioners , request to annex to the United City 7 of Yorkville B-3 Service Business District , and 8 R-1 One-Family Residence District and for the 9 hearing as to the annexation agreement of the 10 petitioner . 11 The real property consists of 12 approximately 9 . 81 acres located on Route 47 13 south of Legion Road and north of Ament Road, 14 Kendall Township, Kendall County, Illinois . 15 MS . BURD : So moved . 16 MAYOR PROCHASKA: Did I say R-2 ? 17 All right . R-2 . May I have a second? 18 MR . LESLIE : Second. 19 MAYOR PROCHASKA: Moved and 20 seconded. Leslie . May I have roll call , please? 21 MS . MILSCHEWSKI : Besco . 22 MR. BESCO: Aye . 23 MS . MILSCHEWSKI : Leslie . 24 MR. LESLIE : Aye . Depo Court Reporting Service ( 630 ) 983-0030 4 1 MS . MILSCHEWSKI : Wolfer . 2 MR . WOLFER : Aye . 3 MS . MILSCHEWSKI : James . 4 MR . JAMES : Aye . 5 MS . MILSCHEWSKI : Burd . 6 MS . BURD : Aye . 7 MS . MILSCHEWSKI : Spears . 8 MS . SPEARS : Aye . 9 MS . MILSCHEWSKI : Bock . 10 MR . BOCK : Aye . 11 MAYOR PROCHASKA: Motion is carried . 12 And just as a correction, it is R-2 , not R-1 . I 13 thought I said R-2 . Very different . Is there 14 someone here representing the petitioner? 15 WHEREUPON : 16 DANIEL J. KRAMER, 17 testified before the Yorkville City Council as 18 follows : 19 MR . KRAMER: I am, Your Honor . 20 That ' s being continued. We ' ve got a hearing at 21 the next Plan Commission meeting on the 24th at 22 seven o ' clock that allows the special use for the 23 day care in addition to the underlying B-3 24 zoning, so we need to complete that business Depo Court Reporting Service ( 630 ) 983-0030 5 1 before we come to the Council , which would be the 2 13th date . 3 MAYOR PROCHASKA: So you are asking 4 that this be continued? 5 MR. KRAMER: Correct . At the 6 request of petitioner . 7 MAYOR PROCHASKA: And the 13th . 8 MR. KRAMER: And then that will get 9 us back in sequence with the Plan Commission . 10 MAYOR PROCHASKA : Okay. I would 11 entertain a motion to -- Well , first I ' m going to 12 ask if anybody here this evening that wanted to 13 speak to this . 14 (No Response) 15 MAYOR PROCHASKA: I would entertain 16 a motion to postpone this public hearing to the 17 June 13th, 2006 City Council meeting . 18 MR. LESLIE : Moved. 19 MS . BURD: Second. 20 MAYOR PROCHASKA: Moved and 21 seconded . Questions on the motion? 22 (No Response) 23 MAYOR PROCHASKA: Hearing none, may 24 I have roll call, please? Depo Court Reporting Service ( 630 ) 983-0030 6 1 MS . MILSCHEWSKI : Burd . 2 MS . BURD : Aye . 3 MS . MILSCHEWSKI : Spears . 4 MS . SPEARS : Aye . 5 MS . MILSCHEWSKI : Bock . 6 MR . BOCK : Aye . 7 MS . MILSCHEWSKI : Besco . 8 MR . BESCO : Aye . 9 MS . MILSCHEWSKI : Leslie . 10 MR . LESLIE : Aye . 11 MS . MILSCHEWSKI : Wolfer . 12 MR . WOLFER : Aye . 13 MS . MILSCHEWSKI : James . 14 MR . JAMES : Aye . 15 MR . KRAMER: Thank you . 16 MAYOR PROCHASKA: Next on the agenda 17 is the public hearing for the -- I would 18 entertain a motion to go to public hearing for 19 the Pulte Home Corporation MPIV 10 , LLC, MPLV 20 , 20 LLC, and MLH Yorkville, LLC, petitioners , request 21 to amend an Annexation and Planned Unit 22 development Agreement and request a rezoning to 23 increase the areas presently zoned B-3 Service 24 Business District and R-3 General Residence Depo Court Reporting Service ( 630 ) 983-0030 7 1 District and to decrease the area presently zoned 2 as R-2 One-Family District and to modify the 3 existing Planned Unit Development approved for a 4 part of the real property. 5 The real property consists of 6 approximately 587 acres at the northwest corner 7 of Galena Road and Route 47 in the United City of 8 Yorkville, Kendall County, Illinois . 9 Is there someone here 10 representing the petitioner? 11 MS . SPEARS : So moved. 12 MAYOR PROCHASKA: Spears so moved. 13 May I have a second? 14 MR. BOCK: Second . 15 MAYOR PROCHASKA: Moved and 16 seconded. May I have roll call, please? 17 MS . MILSCHEWSKI : Leslie . 18 MR. LESLIE : Aye . 19 MS . MILSCHEWSKI : Wolfer . 20 MR. WOLFER: Aye . 21 MS . MILSCHEWSKI : James . 22 MR . JAMES : Aye . 23 MS . MILSCHEWSKI : Burd . 24 MS . BURD: Aye . Depo Court Reporting Service ( 630 ) 983-0030 8 1 MS . MILSCHEWSKI : Spears . 2 MR . SPEARS : Aye . 3 MR . MILSCHEWSKI : Bock . 4 MR. BOCK: Aye . 5 MS . MILSCHEWSKI : Besco . 6 MR. BESCO : Aye . 7 MAYOR PROCHASKA: Motion is carried . 8 We are now in public hearing . Someone 9 representing the petitioner? Please state your 10 name for the record . 11 WHEREUPON : 12 MATT CUDNEY, 13 testified before the Yorkville City Council as 14 follows : 15 MR . CUDNEY : Matt Cudney with Del 16 Webb . Can I put the boards back here? 17 MAYOR PROCHASKA: Yes . 18 MR . CUDNEY : All right . Just to 19 recap for everybody, what you are looking at are 20 two different plans . The plan on your left is 21 the plan that was originally approved by the City 22 Council on September 27th, 2005 . 23 The plan on the right is the 24 plan -- is the revised plan that we are Depo Court Reporting Service ( 630 ) 983-0030 9 1 presenting tonight . It was passed by the Plan 2 Commission unanimously on April 12th and it was 3 before the EDC on April 27th . 4 Just to go over a couple 5 different things to try and make it very clear, 6 if you look -- just to be clear, you know, what 7 we ' re talking about tonight really is basically 8 going to be this part here . Everything south of 9 ComEd lines . Everything north of the ComEd 10 lines , as you see here and here, is just the 11 same . 12 And again these -- this area 13 north of the ComEd lines , this is not really a 14 plan that has ever been approved by the city, 15 it ' s more a concept plan that is just drawn at 16 the request of the city when we were going 17 through the process, so anything north of the 18 ComEd lines will need to come through the regular 19 process and get preliminary plan approval and 20 also final plat approval . 21 So basically what we are 22 speaking about tonight is everything south of the 23 ComEd lines . 24 What we basically have done is Depo Court Reporting Service ( 630 ) 983-0030 10 1 that at the request of the city we have expanded 2 this commercial area now from the 30 acres here 3 to 110 acres , that takes up the entire frontage 4 of Route 47 , and then in order to do that what 5 we ' ve done then is eliminate the traditional 6 housing that was going to be on this parcel here 7 and just kind of moved the Del Webb parcel over . 8 So what I have , I was going to 9 show you a little comparison in terms of what 10 we ' ve got in terms of the old area and the new 11 area and what that difference is . 12 I think the biggest difference 13 that you ' ll see is that the commercial acreage 14 has increased by about 81 acres , and the 15 residential area has -- has actually decreased by 16 about half . 17 By doing so, when you are 18 looking at the numbers , I thought it would be 19 kind of easy to compare apples to apples and 20 oranges to oranges , so the hand-out shows the 21 differences in the acreages for both the Del Webb 22 and the conventional parcels , and I think what 23 that ' s really telling is if you are looking at it 24 overall , total homes that were presented on the Depo Court Reporting Service ( 630 ) 983-0030 11 1 original plan that were approved, and you look at 2 the total homes that are presented now, you have 3 a reduction in homes by about 36, and you ' ll 4 notice the densities are about the same . 5 One of the other major changes 6 that we made between the two plans -- and we are 7 talking specifically about the PUD and the Del 8 Webb portion of it -- is we eliminated the 9 multi-family section. 10 There were -- there was an area 11 of duplex units that we had in there and there 12 were 244 of those, and what we ended up doing 13 instead from some of the research that we ' ve done 14 and some of the things -- some of the recent 15 projects we ' ve had throughout the Chicagoland 16 area what we ' ve discovered is people are wanting 17 to have more of the single-family feel, so what 18 we ' ve done is something similar to -- I ' m not 19 sure how many of you have gone on a tour, but we 20 had actually viewed some of these homes when we 21 had gone on a tour last summer and so these are 22 going to be some of the smaller homes, they' re 23 going to be smaller than the regular 24 single-family homes , but they ' re going to be Depo Court Reporting Service (630 ) 983-0030 12 1 larger than what the duplex units were and 2 they ' re all going to be single-family homes and 3 there will be no multi-family units within this 4 development . 5 We believe that we can still 6 serve the price points that we had talked about 7 earlier for some of the price conscious buyers . 8 For some of the smaller, there will be something 9 a little bit smaller . 10 The lot sizes themselves have 11 actually increased . When we were going back and 12 re-doing the plan we had the opportunity to add 13 to the sizes there , still relatively in the same 14 relative ballpark, 5500 to 6, 000 square feet 15 ballpark, but what we ' ve also been able to do is 16 configure the homes so that the neighborhoods 17 flow a little bit differently . 18 Basically those are the big 19 changes in the plan . I don ' t want to take too 20 much time going over the specifics , but basically 21 I think the major advantages to the city is 22 definitely the increase in the amount of 23 commercial area along Route 47 . 24 It really provides a nice Depo Court Reporting Service ( 630 ) 983-0030 13 1 continuation of the commercial that is going to 2 be planned in that corner of Route 47 and Base 3 Line and also further south on Galena and 47 4 there as well, so it will provide a nice corridor 5 for the city . 6 In addition, the reduction in 7 the number of conventional homes means reducing 8 impact to the school district in terms of 9 students being generated, and we will continue to 10 work with the school district when the time comes 11 on the north parcel to provide a school site or 12 whatever else may be required at that time by the 13 school district when we go through with that 14 plan . So that basically in a nutshell is the 15 major differences to the plan . 16 We talked last year about the 17 advantages of the Del Webb community and things 18 that it can provide, a reduction in the typical 19 number of services that are used by this type of 20 resident , and definitely the need for this type 21 of community within Yorkville . 22 So unless anybody has 23 questions, I think that -- everyone seems pretty 24 familiar . I know we have been through many, Depo Court Reporting Service ( 630 ) 983-0030 14 1 many, many meetings last year about this , so 2 those are basically the big changes from the last 3 one . 4 MAYOR PROCHASKA: I ' d like to open 5 the floor to the residents . Is there anybody 6 that would like to address the City Council or 7 address the developer on this development ? 8 Yes , ma ' am. Could you come 9 forward? You need to come forward . State your 10 name . 11 UNIDENTIFIED AUDIENCE MEMBER : Just 12 want to know how many homes there will be . 13 MR . CUDNEY : There will be 994 homes 14 in the Del Webb community and there will be 15 two -- the way this plan is laid out , there are 16 going to be 265 , so for a grand total of 1 , 259 17 homes . 18 What is presently approved 19 right now is 1 , 295 homes , so we are reducing the 20 total number of homes actually within this 21 community . 22 MAYOR PROCHASKA: Okay . Anyone else 23 that has any comments or questions ? 24 (No response) Depo Court Reporting Service ( 630 ) 983-0030 15 1 MAYOR PROCHASKA: I ' d open it up to 2 the Council . 3 MS . BURD: I was just going to ask 4 if -- during the Economic Development we did 5 mention the frontage road, if you would just -- 6 MR. CUDNEY : Sure . One of the 7 things in the old plan, there was only a 8 right-in, right-out to service the commercial -- 9 the smaller commercial area off of Galena , and 10 what we were able to do after some meetings with 11 the county is there is actually going to be a 12 frontage road on the new plan that will actually 13 provide a full access into the commercial , so it 14 lines up with the approved plans for the Ocean 15 Atlantic on the south and it will provide direct 16 access to people coming from the west, they will 17 not have to travel onto Route 47 to access the 18 commercial area, which we believe is a big 19 benefit, especially when that area continues to 20 build out in terms of not only the Del Webb 21 community, but there is a contract piece also 22 under contract and there is a plan for that, in 23 addition to everything else going on with the 24 Ocean Atlantic properties, this full access will Depo Court Reporting Service ( 630 ) 983-0030 16 1 provide a much better access to the commercial 2 area without having to have people to onto 3 Route 47 . 4 Rose? 5 MR. JAMES : I have a question . 6 Everything on the south side there, is that all 7 age restricted? 8 MR. CUDNEY : Yes . 9 MR. JAMES : When you expanded that . 10 MR . CUDNEY : Yes . 11 MR . JAMES : When you say the 265 12 homes that are conventional -- 13 MR . CUDNEY : Right . 14 MR. JAMES : -- where are those 15 located? 16 MR. CUDNEY : Those are the ones that 17 are north of the power lines . 18 MR. JAMES : Okay . The one -- 19 MR . CUDNEY : And the 265 is just 20 what was shown on this particular plan . 21 MR. JAMES : Okay . Basically what 22 you did is you increased the area where it ' s 23 going to be age restricted . 24 MR. CUDNEY : Correct . Depo Court Reporting Service ( 630 ) 983-0030 17 1 MR . JAMES : And I think it ' s going 2 to be good because that ' s less impact really to 3 the schools that we have homes -- yes , there is 4 homes coming in, more residents , but really there 5 is no impact to the schools . 6 MR . CUDNEY: No impact to the 7 schools, and then again you will have increased 8 property taxes that will go towards funding the 9 schools , but no -- with the age restricted 10 community, there will be no children allowed to 11 live within the community, so, therefore, you can 12 be guaranteed that there will not be any 13 residents with school age children . 14 MR . JAMES : And they still pay the 15 school impact fee . 16 MR. CUDNEY : They still pay -- they 17 pay -- what we ' ve done is we ' ve -- with our 18 Atlantic ' s agreement we have come to a separate 19 agreement with the school district on what our 20 donation will be for that . 21 MR. LESLIE : I have some questions . 22 The conventional homes, those are on the 5, 000 23 square foot lot size? 24 MR. CUDNEY: No . The conventional Depo Court Reporting Service ( 630) 983-0030 18 1 homes , it has -- Right how it has the regular 2 zoning . It will have to come through the regular 3 approval process . 4 And what we ' re requesting at 5 this point is right now it ' s zoned with having 6 12 , 000 square foot lots , we are requesting a 7 variance , and the variance will say that if there 8 are any lots that are open -- or adjacent to open 9 space or detention that they may be allowed to be 10 the 10 , 000 square foot that you have allowed in 11 previous developments . 12 MR. LESLIE : For only those lots . 13 MR. CUDNEY : For only those lots . 14 And everything else -- And only those lots that 15 will be adjacent to those , and those will be 16 decided when it comes through for the preliminary 17 plan and also the final plan . 18 MR. LESLIE : What ' s the difference 19 in a single-family, which you have in the 427 20 home increase, versus a conventional? 21 MR. CUDNEY : The single-family -- 22 There is a difference between the conventional 23 and the Del Webb, so what I ' ve done with the Del 24 Webb is I ' ve actually listed what we are actually Depo Court Reporting Service ( 630 ) 983-0030 19 1 providing there, so everything on Del Webb is now 2 going to be single-family instead of 3 multi-family, so instead of a duplex, they are 4 single-family . But they are all age-restricted 5 homes . 6 MR . LESLIE : In the original Del 7 Webb, though, the original, 5 , 000 square foot 8 lots? 9 MR. CUDNEY : Right . With the PUD 10 they showed smaller lots sizes , though . 11 MR. LESLIE : Hadn ' t you petitioned 12 for like 5 , 000 square foot lots? 13 MR. CUDNEY : Right, with the PUD . 14 MR. LESLIE : So this won' t be 15 extended to these new homes . 16 MR. CUDNEY : It will -- what we ' ll 17 do is just extend the PUD and the PUD itself 18 slides over with this new revised land plan, so 19 it ' s a new land plan . It ' s keeping the same 20 requirements that were provided and approved by 21 the old plan . 22 MR . LESLIE : Which were 5 , 000 square 23 foot lots? 24 MR. CUDNEY : Right . Or Depo Court Reporting Service ( 630 ) 983-0030 20 1 restricted -- just on the age restricted part . 2 Age restricted part . 3 MAYOR PROCHASKA: Age restricted 4 only . 5 MR. LESLIE : I understand it ' s all 6 age restricted now, is that not right? 7 MR. CUDNEY : Everything south of the 8 ComEd is . 9 MR. LESLIE : Okay . But that portion 10 there , correct me if I am wrong, the eastern half 11 was age restricted, the western half was not ; is 12 that correct? 13 MAYOR PROCHASKA: No, no . The old 14 plan, the light yellow was conventional housing . 15 MR . LESLIE : It was not age 16 restricted? 17 MAYOR PROCHASKA: It was not age 18 restricted . 19 MR. LESLIE : That ' s my point , now it 20 is age restricted . 21 MAYOR PROCHASKA: Right . 22 MR . LESLIE : Which means it carries 23 forward with the PUD of 5 , 000 square foot lots ; 24 is that correct? Depo Court Reporting Service ( 630 ) 983-0030 21 1 MR. CUDNEY: Correct . 2 MR. LESLIE : So I don ' t understand 3 your math here . The homes you are building -- 4 granted the homes are the same, but the lot 5 dimensions are less than half of that if you 6 extend PUD; is that correct? 7 MR. CUDNEY : What you are looking 8 at -- and the map is correct on this -- if you 9 are looking at what we ' ve -- what we ' ve done is 10 we ' ve changed the land plan significantly, so 11 what we have done is added more lots , and in 12 adding more lots, we have added more green space 13 as well, and the density doesn ' t change, and the 14 number of homes actually -- even though the 15 density increases, when you start looking with 16 acreages , is what happened with acreages, we lost 17 the acreage on the commercial site and so you are 18 kind of sliding these over, so if you look at 19 what actually has been done , your residential 20 area is -- was 81 acres, 84 acres . 21 The density that we have would 22 be three, so if you go three times eight, we 23 actually have 240 more homes on it, if you went 24 strictly what the density was , and we did not add Depo Court Reporting Service ( 630 ) 983-0030 22 1 that many homes . 2 MR . LESLIE : Your density 3 attribution for conventional versus age 4 restricted, I assume there is a differential 5 there, age restricted being what , two per 6 household, conventional being -- 7 MR. CUDNEY : Well , this has nothing 8 to do with population . This has nothing to do 9 with population . It ' s total number of units . 10 MR . LESLIE : I don ' t understand how 11 the math adds up, went from conventional lots at 12 10 , 000 square foot to 5 , 000 square foot lots , so 13 basically the commercial is taking up that 14 additional segment of the 80 acres . 15 MR. CUDNEY : Correct . 16 MAYOR PROCHASKA: Right . 17 MR . CUDNEY : All we ' re doing is 18 adding -- if you look -- I don ' t know if 19 necessarily the math is what ' s important 20 necessarily to work out per se, but if you look 21 at what the plan is , the plan that is before you 22 now is the 944 homes going up from the 811 homes 23 that was originally approved, so regardless of 24 what the density is or how the math works out , Depo Court Reporting Service ( 630 ) 983-0030 23 1 what we ' re actually looking at is , you know, 2 adding an additional 183 Del Webb homes , but 3 reducing at least the 219 of the conventional 4 homes, and, you know, it may not -- it may not 5 look right or it may not -- may not necessarily 6 add up, but that ' s what the plan -- what the plan 7 is , so I don ' t necessarily think you need to get 8 hung up on math . Look at the plan before you, 9 it ' s the 944 homes . 10 MR. LESLIE : Basically we are 11 increasing the Del Webb by another 15 percent, 12 Del Webb type homes, roughly. 13 MR. CUDNEY: It ' s not -- 180 homes 14 and the original was 811 , so -- 15 MR. LESLIE : I 'm sorry . 567 to 944 . 16 MR. CUDNEY : Okay . Also add the 17 multi-family as well, because we -- the 244 18 multi-family. So if you look at the totals , it 19 went from 811 to 944 , which is an additional 183 20 Del Webb homes . 21 And, you know, I think part of 22 the reason why, you know, when you are looking at 23 the math and it may not be working necessarily is 24 the multi-family lots were in much smaller lots . Depo Court Reporting Service ( 630 ) 983-0030 24 1 MR . LESLIE : Okay . So the unit 2 densities were higher . 3 MR . CUDNEY : Right . The unit 4 densities for the multi-family were higher . 5 MR . LESLIE : Okay . 6 MR. CUDNEY : So it ' s not as skewed 7 as it might seem. 8 MS . BURD : Actually I think it might 9 be more attractive because they are all going to 10 be single-family homes and it will be more of a 11 cohesiveness as a community, don ' t you think? 12 MR . CUDNEY : You know, it comes down 13 to consumer preference I think, and I think what 14 we have seen recently, the market trends show 15 that people are preferring to have more of a 16 single-family feel . 17 MAYOR PROCHASKA: Anyone else? 18 (No Response) 19 MAYOR PROCHASKA: If not, I would 20 entertain a motion to close the public hearing . 21 MR. BESCO : So moved . 22 MS . BURD : Second . 23 MAYOR PROCHASKA: Moved and 24 seconded . May I have roll call, please? Depo Court Reporting Service ( 630 ) 983-0030 25 1 MS . MILSCHEWSKI : Wolfer . 2 MR. WOLFER: Aye . 3 MS . MILSCHEWSKI : James . 4 MR. JAMES : Aye . 5 MS . MILSCHEWSKI : Burd. 6 MS . BURD : Aye . 7 MS . MILSCHEWSKI : Spears . 8 MS . SPEARS : Aye . 9 MS . MILSCHEWSKI : Bock. 10 MR. BOCK: Aye . 11 MS . MILSCHEWSKI : Besco . 12 MR. BESCO: Aye . 13 MS . MILSCHEWSKI : Leslie . 14 MR. LESLIE : Aye . 15 MAYOR PROCHASKA: Motion is carried, 16 and now the next petition -- next petition is the 17 petition that has actually asked to be postponed, 18 but we do need to go in to open it, correct? 19 MR. WYETH : Yes, you will go in and 20 open it . 21 MAYOR PROCHASKA: I will entertain a 22 motion to go into public hearing for the 23 discussion of MPI Number 6 South Yorkville, LLC, 24 petitioner, request to annex to the United City Depo Court Reporting Service ( 630 ) 983-0030 26 1 of Yorkville and rezone from Kendall County A-1 2 Agricultural to the United City of Yorkville 3 Planned Unit Development containing R-2 , 4 One-Family Residence District , R-2 Duplex, 5 Two-Family Residence District , R-3 General 6 Residence District , R-4 General Residence 7 District , and B-2 General Business District . 8 The real property consists of 9 approximately 916 . 44 acres east of Immanuel Road, 10 north and south of Ament Road, west of Route 47 , 11 and north and south of Walker Road, Kendall 12 Township, Kendall County, Illinois . 13 MR. JAMES : So moved . 14 MR. WOLFER: Second . 15 MAYOR PROCHASKA: Moved and 16 seconded . May I have roll call, please? 17 MS . MILSCHEWSKI : Wolfer . 18 MR . WOLFER: Aye . 19 MS . MILSCHEWSKI : James . 20 MR. JAMES : Aye . 21 MS . MILSCHEWSKI : Munns . 22 MR . MUNNS : Aye . 23 MS . MILSCHEWSKI : Burd . 24 MS . BURD : Aye . Depo Court Reporting Service ( 630 ) 983-0030 27 1 MS . MILSCHEWSKI : Spears . 2 MS . SPEARS : Aye . 3 MS . MILSCHEWSKI : Bock. 4 MR. BOCK: Aye. 5 MS . MILSCHEWSKI : Besco . 6 MR. BESCO : Aye . 7 MS . MILSCHEWSKI : Leslie. 8 MR. LESLIE : Aye . 9 MAYOR PROCHASKA: Motion is carried . 10 The petitioner has requested that this be 11 postponed, but I would open the floor, if there 12 is anyone here that has come this evening that 13 would like to address the City Council on this 14 public hearing . 15 (No Response) 16 MAYOR PROCHASKA: Hearing none, I 17 would entertain a motion to postpone this public 18 hearing to the United City of Yorkville City 19 Council meeting of June 13th, 2006 . 20 MR. WOLFER: So moved. 21 MS . BURD: Second . 22 MAYOR PROCHASKA: Moved and 23 seconded. May I have roll call, please? 24 MS . MILSCHEWSKI : James . Depo Court Reporting Service ( 630 ) 983-0030 28 1 MR. JAMES : Aye . 2 MS . MILSCHEWSKI : Munns . 3 MR . MUNNS : Aye . 4 MS . MILSCHEWSKI : Burd. 5 MS . BURD : Aye . 6 MS . MILSCHEWSKI : Spears . 7 MS . SPEARS : Aye . 8 MS . MILSCHEWSKI : Bock. 9 MR . BOCK: Aye . 10 MS . MILSCHEWSKI : Besco . 11 MR. BESCO : Aye . 12 MS . MILSCHEWSKI : Leslie . 13 MR . LESLIE : Aye . 14 MS . MILSCHEWSKI : Wolfer . 15 MR . WOLFER: Aye . 16 MAYOR PROCHASKA: Motion is carried . 17 Next we have a public hearing . 18 I would entertain a motion to go into public 19 hearing to discuss the revised PUD ordinance for 20 the United City of Yorkville . 21 MS . BURD: So moved . 22 MS . SPEARS : Second . 23 MAYOR PROCHASKA: Moved and 24 seconded . May I have roll call , please? Depo Court Reporting Service ( 630 ) 983-0030 29 1 MS . MILSCHEWSKI : James . 2 MR. JAMES : Aye . 3 MS . MILSCHEWSKI : Munns . 4 MR . MUNNS : Aye . 5 MS . MILSCHEWSKI : Burd . 6 MS . BURD : Aye . 7 MS . MILSCHEWSKI : Spears . 8 MS . SPEARS : Aye . 9 MS . MILSCHEWSKI : Bock. 10 MR. BOCK: Aye . 11 MS . MILSCHEWSKI : Besco . 12 MR. BESCO: Aye . 13 MS . MILSCHEWSKI : Leslie . 14 MR. LESLIE : Aye . 15 MS . MILSCHEWSKI: Wolfer . 16 MR. WOLFER: Aye . 17 MAYOR PROCHASKA: Motion is carried . 18 We are in public hearing . 19 Mr . Miller, would you like to 20 explain for the Council and to the audience? 21 MR. MILLER: Absolutely. Before you 22 is a recommendation that ' s been generated by 23 staff . 24 A public hearing was held Depo Court Reporting Service ( 630 ) 983-0030 30 1 April 12th at the Plan Commission, and they did 2 move a favorable recommendation to modify the 3 Planned Unit Development ordinance . 4 The purpose of the recommended 5 modifications , there are three . Primary purpose 6 is the first being time and expense to the 7 petitioner under our current ordinance , the 8 current Planned Unit Development ordinance . 9 As you understand the process , 10 the city requires concept plans be presented and 11 reviewed and input gathered, followed by 12 submittal of preliminary plans that include 13 preliminary engineering that can get quite a high 14 level of detail required -- a high level of 15 detail required from the petitioner prior to any 16 entitlement for the property or any assurances of 17 approval on behalf of the city for the plans . 18 So that you know, a Planned 19 Unit Development should be an incentive for a 20 developer to go above and beyond conventional 21 zoning . 22 The way our current ordinance 23 is structured, staff ' s opinion is that it could 24 be a deterrent for developments , particularly Depo Court Reporting Service ( 630 ) 983-0030 31 1 larger developments, to use that tool . So that ' s 2 one purpose for the modification record changes . 3 Secondly, the current Planned 4 Unit Development ordinance, to review 5 historically how it ' s been applied and utilized 6 within the city, it ' s basically -- historically 7 it ' s been a way to buffer variances ; in other 8 words , if a development wants to move forward 9 that is proposing something other than what the 10 conventional zoning ordinance allows in terms of 11 lot size, in terms of density, in terms of use, 12 that would be coupled with -- or that would 13 include a list of variances, a PUD is going to 14 wait for a developer to come through and not have 15 to ask for that laundry list of variances folded 16 into the PUD request . 17 I think the city -- my opinion 18 is is that the city should require something more 19 from the petitioner in those situations , so the 20 PUD should be something unique . 21 A PUD development should be 22 something unique in terms of architectural style , 23 in terms of the product, the development that 24 it ' s delivering to the city, so language has been Depo Court Reporting Service ( 630 ) 983-0030 32 1 added on this recommendation to identify what 2 those guidelines are and what the petitioner 3 should expect to go above and beyond in their 4 application when they come forward with a PUD 5 request . 6 Thirdly, there is a minor, but 7 I think a point worth making from an 8 administrative standpoint and a recordkeeping 9 standpoint . 10 When you treat PUD as a special 11 use , the underlying zoning remains , so as we look 12 at the zoning map of the city, there is no way to 13 clearly understand which properties come through 14 with PUD ' s , special approvals , and straight 15 zoning, so from an administration standpoint , it 16 becomes more difficult as we are processing 17 building permits and as development occurs to 18 keep a handle on what is a PUD special use and 19 what is straight zoning, so the way this 20 recommended ordinance is structured, a Planned 21 Unit Development would be treated as a zoning 22 district . 23 So similar to having a 24 residential district, business district , this Depo Court Reporting Service ( 630 ) 983-0030 33 1 would be a PUD zoning district , so having said 2 that , the process of approval would be much like 3 a zoning approval or a zoning map amendment that 4 you are accustomed to . 5 So that would require the same 6 amount of public hearings for that, so there 7 would be a higher level of monitoring these as 8 they come through in terms of the public input 9 and public opportunity to provide input . 10 The trade-off there is that 11 there would be entitlements given on a conceptual 12 plan, so the -- when you review a concept plan 13 rather than just giving input , with the PUD you 14 would be granting a PUD zoning classification 15 that in turn would be giving entitlement to the 16 uses that have been shown on that concept plan, 17 that would be tied directly to the densities , the 18 number of dwelling units , as well as the uses 19 themselves . 20 As you read through the 21 ordinance, proposed ordinance, that was attached, 22 the concept plan between a concept and a 23 preliminary plan submittal, the petitioner could 24 make adjustments of up to ten percent of any of Depo Court Reporting Service ( 630 ) 983-0030 34 1 those land uses , that would be considered a minor 2 change and not require an additional public 3 hearing . 4 They could move right into a 5 preliminary plan, between preliminary and final 6 plat . That is tightened to five percent, so 7 there is some build-outs in this ordinance that I 8 think will be useful for staff and for you as 9 these petitions go through, so we are not 10 creating additional public hearings or public 11 meetings for minor changes . 12 So the ordinance attached with 13 the recommended changes addresses those items . 14 Everything that ' s highlighted in yellow in the 15 ordinance that was in your packet is new language 16 to the ordinance, and everything that is a strike 17 through is the language that we are recommending 18 be removed from the ordinances . 19 With that , I can answer any 20 questions . 21 MAYOR PROCHASKA: Anyone in the 22 audience that would like to address the City 23 Council , ask questions , or further clarification? 24 (No response) Depo Court Reporting Service ( 630 ) 983-0030 35 1 MAYOR PROCHASKA: Any comments from 2 the Council? 3 (No response ) 4 MAYOR PROCHASKA: I would just like 5 to say that I think, Travis , you and the staff 6 have worked very hard because a lot of these 7 things we have talked about, but we ' ve never had 8 the guidelines , especially the part where as part 9 of a PUD be asking for more things, too, and so 10 maybe it truly is a unique development, which is 11 what the PUD law in the state allows , that it is 12 a unique development, so by adding this 13 paragraph, if everybody would look at Page 2 , 14 where I believe that ' s where you are talking 15 about -- 16 MR. MILLER: Right . Under the 17 purpose section . 18 MAYOR PROCHASKA: Under the purpose 19 and looking at -- talking about architectural 20 issues , utilizing materials and designs of 21 buildings providing a maximum choice of living 22 environment, environmental issues , meeting useful 23 pattern of open space . 24 Just a lot of those things that Depo Court Reporting Service ( 630 ) 983-0030 36 1 I think we ' ve hit on, but it ' s never really been 2 written down, and I think now when someone comes 3 in and looks at this , they know what they can 4 expect the city is going to require , and I like 5 that being in writing . 6 Anyone else? 7 (No Response ) 8 MR. BESCO : Good job . Looks good. 9 MR. WOLFER : Absolutely . 10 MAYOR PROCHASKA : If there is no 11 further discussion, I would entertain a motion to 12 close the public hearing . 13 MR . WOLFER : So moved. 14 MS . BURD : Second . 15 MAYOR PROCHASKA: Moved and 16 seconded . May I have roll call , please? 17 MS . MILSCHEWSKI : Munns . 18 MR . MUNNS : Aye . 19 MS . MILSCHEWSKI : Burd . 20 MS . BURD: Aye . 21 MS . MILSCHEWSKI : Spears . 22 MS . SPEARS : Aye . 23 MS . MILSCHEWSKI : Bock . 24 MR. BOCK : Aye . Depo Court Reporting Service ( 630 ) 983-0030 37 1 MS . MILSCHEWSKI : Besco . 2 MR . BESCO: Aye . 3 MS . MILSCHEWSKI : Leslie . 4 MR. LESLIE : Aye . 5 MS . MILSCHEWSKI : Wolfer . 6 MR. WOLFER : Aye . 7 MS . MILSCHEWSKI : James . 8 MR . JAMES : Aye . 9 MAYOR PROCHASKA: Motion is carried . 10 (Which were all the 11 proceedings had in 12 the public hearing . ) 13 ---000--- 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 38 1 STATE OF ILLINOIS ) ss : 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M. VITOSH, being first duly 5 sworn, on oath says that she is a Certified 6 Shorthand Reporter doing business in the State of 7 Illinois ; 8 That she reported in shorthand the 9 proceedings had at the foregoing public hearing; 10 And that the foregoing is a true and 11 correct transcript of her shorthand notes so 12 taken as aforesaid and contains all the 13 proceedings had at the said public hearing . 14 IN WITNESS WHEREOF I have hereunto set 15 my han his ---Zo��ay of 16 2006 . 17 18 19 20 _ __ C RISTINE M . VITOSH, C S . R. 21 CSR License No . 084-002883 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 39 May 9 , 2006 084-002883 38:24 84 21:20 adjacent 18:8, 18:15 9:14, 11:1, 14:18, 16:19 9.81 3:12 adjustments 33:24 15:14, 19:20, 22:23 1,259 14:16, 14:16 916.44 26:9 administration approximately 3:12, 1,295 14:19, 14:19 94 23:19 32:15 7:6, 26:9 10,000 18:10, 18:10, 944 22:22, 23:9, administrative 32:8 April 9:2, 9:3, 30:1 22:12, 22:12 23:15 Administrator 2:11 architectural 31:22, 110 10:3 994 14:13 advantages 12:21, 35:19 12,000 18:6, 18:6 13:17 area 7:1, 9:12, 10:2, 12th 9:2, 30:1 aforesaid 38:14 10:10, 10:11, 10:15, 13th 5:2, 5:7, 5:17, <A> Age 16:7, 16:23, 11:10, 11:16, 12:23, 27:19 A-1 26:1 17:9, 17:13, 20:1, 15:9, 15:18, 15:19, 15 23:11 able 12:15, 15:10 20:2, 20:3, 20:6, 16:2, 16:22, 21:20 180 23:13 above 30:20, 32:3 20:11, 20:15, 20:17, areas 6:23 183 23:2, 23:19 above-entitled 1:7 20:20, 22:3, 22:5 ARTHUR 2:2 2 6:19, 35:13 Absolutely 29:21, age-restricted 19:4 assume 22:4 2005 8:22 36:9 agenda 6:16 assurances 30:16 2006 5:17, 27:19 access 15:13, 15:16, Agreement 3:9, Atlantic 15:15, 2006. 38:18 15:17, 15:24, 16:1 6:22, 17:18, 17:19 15:24, 17:18 219 23:3 accustomed 33:4 Agricultural 26:2 attached 33:21, 240 21:23 acreage 10:13, Alderman 2:3, 2:4, 34:12 244 11:12, 23:17 21:17 2:6, 2:7, 2:8, 2:9 attractive 24:9 24th 4:21 acreages 10:21, Alderwoman 2:5, attribution 22:3 26 14:16 21:16, 21:16 2:10 AUDIENCE 14:11, 265 16:11, 16:19 acres 3:12, 7:6, Allegiance 3:1 29:20, 34:22 27th 8:22, 9:3 10:2, 10:3, 10:14, allowed 17:10, 18:9, 3 11:3 21:20, 21:20, 22:14, 18:10 30 10:2 26:9 allows 4:22, 31:10, 4 10:4, 26:10 Actually 10:15, 35:11 B-2 26:7 427 18:19 11:20, 12:11, 14:20, amend 6:21 B-3 3:7, 4:23, 6:23 47 3:12, 7:7, 12:23, 15:11, 15:12, 18:24, amendment 33:3 back 5:9, 8:16, 12:11 13:2, 13:3, 15:17, 18:24, 21:14, 21:19, Ament 3:13, 26:10 ballpark 12:14, 16:3 21:23, 23:1, 24:8, amount 12:22, 33:6 12:15 5,000 17:22, 17:22, 25:17 ANN 2:10 Bank 3:5 19:7, 19:7, 19:12, add 12:12, 21:24, annex 3:6, 25:24 Base 13:2 19:12, 19:22, 19:22, 23:6, 23:16 Annexation 3:9, Basically 9:7, 9:21, 20:23, 20:23, 22:12, added 21:11, 21:12, 6:21 9:24, 12:18, 12:20, 22:12 32:1 answer 34:19 13:14, 14:2, 16:21, 5500 12:14 adding 21:12, 22:18, anybody 5:12, 22:13, 23:10, 31:6 567 23:15 23:2, 35:12 13:22, 14:5 becomes 32:16 587 7:6 addition 4:23, 13:6, appeared 2:18 behalf 2:18, 30:17 6 25:23 15:23 apples 10:19, 10:19 believe 12:5, 15:18, 6,000 12:14, 12:14 additional 22:14, application 32:4 35:14 7:00 1:9, 1:9 23:2, 23:19, 34:2, applied 31:5 benefit 15:19 80 22:14 34:10 approval 9:19, 9:20, BESCO 2:9, 3:21, 800 1:9 address 14:6, 14:7, 18:3, 30:17, 33:2, 3:22, 6:7, 6:8, 8:5, 81 10:14, 21:20, 27:13, 34:22 33:3 8:6, 24:21, 25:11, 23:14 addresses 34:13 approvals 32:14 25:12, 27:5, 27:6, 811 22:22, 23:19 adds 22:11 approved 7:3, 8:21, 28:10, 28:11, 29:11, Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 40 May 9, 2006 29:12, 36:8, 37:1, 14:2, 31:2, 34:11, 33:12, 33:16, 33:22, 16:13, 16:16, 16:19, 37:2 34:13 33:22 16:24, 17:6, 17:16, better 16:1 Chicagoland 11:15 conceptual 33:11 17:24, 18:13, 18:21, beyond 30:20, 32:3 children 17:10, configure 12:16 19:9, 19:13, 19:16, big 12:18, 14:2, 17:13 conscious 12:7 19:24, 20:7, 21:1, 15:18 choice 35:21 considered 34:1 21:7, 22:7, 22:15, biggest 10:12 CHRISTINE 1:8, consists 3:11, 7:5, 22:17, 23:13, 23:16, bit 12:9, 12:17 38:6, 38:23 26:8 24:3, 24:6, 24:12 boards 8:16 City 1:1, 1:2, 1:10, consumer 24:13 current 30:7, 30:8, BOCK 2:8, 4:9, 4:10, 2:11, 2:13, 2:19, 3:6, containing 26:3 30:22, 31:3 6:5, 6:6, 7:14, 8:3, 4:17, 5:17, 7:7, 8:13, contains 38:14 8:4, 25:9, 25:10, 8:21, 9:14, 9:16, continuation 13:1 27:3, 27:4, 28:8, 10:1, 12:21, 13:5, continue 13:9 < D > 28:9, 29:9, 29:10, 14:6, 25:24, 26:2, continued 4:20, 5:4 DANIEL 4:16 36:23, 36:24 27:13, 27:18, 27:18, continues 15:19 date 5:2 buffer 31:7 28:20, 30:10, 30:17, contract 15:21, day 4:23, 38:17 build 15:20 31:6, 31:17, 31:18, 15:22 DEAN 2:6 build-outs 34:7 31:24, 32:12, 34:22, conventional 10:22, decided 18:16 building 21:3, 32:17 36:4 13:7, 16:12, 17:22, decrease 7:1 buildings 35:21 clarification 34:23 17:24, 18:20, 18:22, decreased 10:15 BURD 2:5, 3:15, 4:5, classification 33:14 20:14, 22:3, 22:6, definitely 12:22, 4:6, 5:19, 6:1, 6:2, clear 9:5, 9:6 22:11, 23:3, 30:20, 13:20 7:23, 7:24, 15:3, clearly 32:13 31:10 Del 8:15, 10:7, 24:8, 24:22, 25:5, Clerk 2:13 corner 7:6, 13:2 10:21, 11:7, 13:17, 25:6, 26:23, 26:24, close 24:20, 36:12 Corporation 6:19 14:14, 15:20, 18:23, 27:21, 28:4, 28:5, cohesiveness 24:11 Correct 5:5, 16:24, 18:23, 19:1, 19:6, 28:21, 29:5, 29:6, Corned 9:9, 9:9, 20:10, 20:12, 20:24, 23:2, 23:11, 23:12, 36:14, 36:19, 36:20 9:13, 9:18, 9:23, 20:8 21:1, 21:6, 21:8, 23:20 Business 3:7, 4:24, comes 13:10, 18:16, 22:15, 25:18, 38:13 delivering 31:24 6:24, 26:7, 32:24, 24:12, 36:2 correction 4:12 densities 11:4, 24:2, 38:8 coming 15:16, 17:4 corridor 13:4 24:4, 33:17 buyers 12:7 comments 14:23, Council 1:1, 4:17, density 21:13, 35:1 5:1, 5:17, 8:13, 8:22, 21:15, 21:21, 21:24, commercial 10:2, 14:6, 15:2, 27:13, 22:2, 22:24, 31:11 < C > 10:13, 12:23, 13:1, 27:19, 29:20, 34:23, designs 35:20 C.S.R. 1:8, 38:23 15:8, 15:9, 15:13, 35:2 detail 30:14, 30:15 call 3:20, 5:24, 7:16, 15:18, 16:1, 21:17, Counsel 2:17 detention 18:9 24:24, 26:16, 27:23, 22:13 COUNTY 3:14, 7:8, deterrent 30:24 28:24, 36:16 Commission 4:21, 15:11, 26:1, 26:12, developer 14:7, care 4:23 5:9, 9:2, 30:1 38:3 30:20, 31:14 carried 4:11, 8:7, community 13:17, couple 9:4 Development 6:22, 25:15, 27:9, 28:16, 13:21, 14:14, 14:21, coupled 31:12 7:3, 12:4, 14:7, 15:4, 29:17, 37:9 15:21, 17:10, 17:11, creating 34:10 26:3, 30:3, 30:8, carries 20:22 24:11 CROIS 2:11 30:19, 31:4, 31:8, Certified 38:7 compare 10:19 CSR 38:24 31:21, 31:23, 32:17, change 21:13, 34:2 comparison 10:9 CUDNEY 8:12, 8:15, 32:21, 35:10, 35:12 changed 21:10 complete 4:24 8:15, 8:18, 14:13, developments changes 11:5, 12:19, concept 9:15, 30:10, 15:6, 16:8, 16:10, 18:11, 30:24, 31:1 Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 41 May 9 , 2006 difference 10:11, ended 11:12 followed 30:11 27:16, 27:18, 28:17, 10:12, 18:18, 18:22 engineering 30:13 follows 4:18, 8:14 28:19, 29:18, 29:24, differences 10:21, entertain 3:3, 5:11, foot 17:23, 18:6, 34:3, 36:12, 38:11, 13:15 5:15, 6:18, 24:20, 18:10, 19:7, 19:12, 38:15 different 4:13, 8:20, 25:21, 27:17, 28:18, 19:23, 20:23, 22:12, hearing. 37:12 9:5 36:11 22:12 hearings 33:6, 34:10 differential 22:4 entire 10:3 foregoing 38:11, held 29:24 differently 12:17 entitlement 30:16, 38:12 Herb 3:4 difficult 32:16 33:15 forward 14:9, 14:9, hereunto 38:16 dimensions 21:5 entitlements 33:11 20:23, 31:8, 32:4 high 30:13, 30:14 direct 15:15 environment 35:22 frontage 10:3, 15:5, higher 24:2, 24:4, directly 33:17 environmental 15:12 33:7 discovered 11:16 35:22 full 15:13, 15:24 highlighted 34:14 discuss 28:19 especially 15:19, funding 17:8 historically 31:5, discussion 3:4, 35:8 31:6 25:23, 36:11 evening 5:12, 27:12 hit 36:1 District 3:7, 3:8, everybody 8:19, < G > Home 6:19, 18:20 6:24, 7:1, 7:2, 13:8, 35:13 Galena 7:7, 13:3, homes 10:24, 11:2, 13:10, 13:13, 17:19, everyone 13:23 15:9 11:3, 11:20, 11:22, 26:4, 26:5, 26:6, Everything 9:8, 9:9, Game 1:9 11:24, 12:2, 12:16, 26:7, 26:7, 32:22, 9:22, 15:23, 16:6, gathered 30:11 13:7, 14:12, 14:13, 32:24, 32:24, 33:1 18:14, 19:1, 20:7, General 6:24, 26:5, 14:17, 14:19, 14:20, doing 10:17, 11:12, 34:14, 34:16 26:6, 26:7 16:12, 17:3, 17:4, 22:17, 38:8 existing 7:3 generated 13:9, 17:22, 18:1, 19:5, donation 17:20 expanded 10:1, 16:9 29:22 19:15, 21:3, 21:4, done 9:24, 10:5, expect 32:3, 36:4 given 33:11 21:14, 21:23, 22:1, 11:13, 11:18, 17:17, expense 30:6 giving 33:13, 33:15 22:22, 22:22, 23:2, 18:23, 21:9, 21:11, explain 29:20 grand 14:16 23:4, 23:9, 23:12, 21:19 extend 19:17, 21:6 granted 21:4 23:13, 23:20, 24:10 down 24:12, 36:2 extended 19:15 granting 33:14 Honor 4:19 drawn 9:15 green 21:12 hour 1:9 duly 38:6 guaranteed 17:12 household 22:6 Duplex 11:11, 12:1, < F> guidelines 32:2, housing 10:6, 20:14 19:3, 26:4 F. 2:2 35:8 hung 23:8 during 15:4 familiar 13:24 dwelling 33:18 Farm 1:9 favorable 30:2 < H > < 1 > fee 17:15 half 10:16, 20:10, identify 32:1 < E > feel 11:17, 24:16 20:11, 21:5 Illinois 1:2, 1:10, earlier 12:7 feet 12:14 hand 38:17 2:19, 3:14, 7:8, east 26:9 final 9:20, 18:17, hand-out 10:20 26:12, 38:1, 38:9 eastern 20:10 34:5 handle 32:18 Immanuel 26:9 easy 10:19 first 3:2, 5:11, 30:6, happened 21:16 impact 13:8, 17:2, Economic 15:4 38:6 hard 35:6 17:5, 17:6, 17:15 EDC 9:3 five 34:6 Hearing 3:4, 3:9, important 22:19 eigh 21:22 floor 14:5, 27:11 4:20, 5:16, 5:23, incentive 30:19 eliminate 10:5 flow 12:17 6:17, 6:18, 8:8, include 30:12, 31:13 eliminated 11:8 folded 31:15 24:20, 25:22, 27:14, increase 6:23, Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 42 May 9 , 2006 12:22, 18:20 laid 14:15 32:11, 35:13 modifications 30:5 increased 10:14, land 19:18, 19:19, looking 8:19, 10:18, modify 7:2, 30:2 12:11, 16:22, 17:7 21:10, 34:1 10:23, 21:7, 21:9, monitoring 33:7 increases 21:15 language 31:24, 21:15, 23:1, 23:22, Motion 3:3, 4:11, increasing 23:11 34:15, 34:17 35:19 5:11, 5:16, 5:21, input 30:11, 33:8, larger 12:1, 31:1 Looks 36:3, 36:8 6:18, 8:7, 24:20, 33:9, 33:13 LASALLE 38:3 lost 21:16 25:15, 25:22, 27:9, instead 11:13, 19:2, last 11:21, 13:16, lot 12:10, 17:23, 27:17, 28:16, 28:18, 19:3 14:1, 14:2 21:4, 31:11, 35:6, 29:17, 36:11, 37:9 issues 35:20, 35:22 laundry 31:15 35:24 move 30:2, 31:8, items 34:13 law 35:11 lots 18:6, 18:8, 34:4 itself 19:17 least 23:3 18:12, 18:13, 18:14, Moved 3:15, 3:19, left 8:20 19:8, 19:10, 19:12, 5:18, 5:20, 7:11, Legion 3:13 19:23, 20:23, 21:11, 7:12, 7:15, 10:7, < J > LESLIE 2:4, 3:18, 21:12, 22:11, 22:12, 24:21, 24:23, 26:13, J. 4:16 3:20, 3:23, 3:24, 23:24, 23:24 26:15, 27:20, 27:22, JACQUELYN 2:13 5:18, 6:9, 6:10, 7:17, 28:21, 28:23, 36:13, JAMES 2:3, 2:8, 4:3, 7:18, 17:21, 18:12, 36:15 4:4, 6:13, 6:14, 7:21, 18:18, 19:6, 19:11, < M > MPI 25:23 7:22, 16:5, 16:9, 19:14, 19:22, 20:5, M. 1:8, 38:6, 38:23 MPIV 6:19 16:11, 16:14, 16:18, 20:9, 20:15, 20:19, ma'am 14:8 MPLV 6:19 16:21, 17:1, 17:14, 20:22, 21:2, 22:2, major 11:5, 12:21, multi-family 11:9, 25:3, 25:4, 26:13, 22:10, 23:10, 23:15, 13:15 12:3, 19:3, 23:17, 26:19, 26:20, 27:24, 24:1, 24:5, 25:13, map 21:8, 32:12, 23:18, 23:24, 24:4 28:1, 29:1, 29:2, 25:14, 27:7, 27:8, 33:3 MUNNS 2:7, 26:21, 37:7, 37:8 28:12, 28:13, 29:13, market 24:14 26:22, 28:2, 28:3, JASON 2:4 29:14, 37:3, 37:4 MARTY 2:7 29:3, 29:4, 36:17, job 36:8 less 17:2, 21:5 materials 35:20 36:18 JOHN 2:11, 2:17 level 30:14, 30:14, math 21:3, 22:11, JOSEPH 2:9 33:7 22:19, 22:24, 23:8, June 5:17, 27:19 License 38:24 23:23 < N > JUSTIN 2:17 light 20:14 Matt 8:12, 8:15 name 8:10, 14:10 Line 13:3 matter 1:7 necessarily 22:19, lines 9:9, 9:10, 9:13, maximum 35:21 22:20, 23:5, 23:7, < K > 9:18, 9:23, 15:14, means 13:7, 20:22 23:23 keep 32:18 16:17 MEETING 1:1, 1:6, need 4:24, 9:18, keeping 19:19 list 31:13, 31:15 4:21, 5:17, 27:19, 13:20, 14:9, 23:7, Kendall 3:14, 3:14, listed 18:24 35:22 25:18 7:8, 26:1, 26:11, little 10:9, 12:9, meetings 14:1, neighborhoods 26:12 12:17 15:10, 34:11 12:16 kind 10:7, 10:19, live 17:11 MEMBER 14:11 new 10:10, 15:12, 21:18 living 35:21 mention 15:5 19:15, 19:18, 19:19, Kleinwachter 3:5 LLC 6:19, 6:20, 6:20, MILLER 29:19, 34:15 KRAMER 4:16, 4:19, 25:23 29:21, 35:16 Next 4:21, 6:16, 5:5, 5:8, 6:15 located 3:12, 16:15 minor 32:6, 34:1, 25:16, 25:16, 28:17 Look 9:6, 11:1, 34:11 nice 12:24, 13:4 21:18, 22:18, 22:20, MLH 6:20 No. 17:24, 20:13, < L > 23:5, 23:8, 23:18, modification 31:2 38:24 Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 43 May 9 , 2006 none 5:23, 27:16 19:7, 23:14 18:17, 19:18, 19:19, process 9:17, 9:19, north 3:13, 9:9, 9:13, originally 8:21, 19:21, 20:14, 21:10, 18:3, 30:9, 33:2 9:17, 13:11, 16:17, 22:23 22:21, 22:21, 23:6, processing 32:16 26:10, 26:11 overall 10:24 23:6, 23:8, 30:1, product 31:23 northwest 7:6 33:12, 33:12, 33:16, projects 11:15 notes 38:13 33:22, 33:23, 34:5 properties 15:24, nothing 22:7, 22:8 Planned 6:21, 7:3, 32:13 notice 11:4 P.M. 1:9 13:2, 26:3, 30:3, property 3:11, 7:4, Number 13:7, 13:19, packet 34:15 30:8, 30:18, 31:3, 7:5, 17:8, 26:8, 30:16 14:20, 21:14, 22:9, Page 35:13 32:20 proposed 33:21 25:23, 33:18 Pam 3:4 plans 8:20, 11:6, proposing 31:9 numbers 10:18 paragraph 35:13 15:14, 30:10, 30:12, provide 13:4, 13:11, nutshell 13:14 parcel 10:6, 10:7, 30:17 13:18, 15:13, 15:15, 13:11 plat 9:20, 34:6 16:1, 33:9 parcels 10:22 Please 3:20, 5:24, provided 19:20 < 0 > part 7:4, 9:8, 20:1, 7:16, 8:9, 24:24, provides 12:24 o'clock 4:22 20:2, 23:21, 35:8, 26:16, 27:23, 28:24, providing 19:1, oath 38:7 35:8 36:16 35:21 occurs 32:17 particular 16:20 Pledge 3:1 public 3:3, 5:16, Ocean 15:14, 15:24 particularly 30:24 poin 20:19 6:17, 6:18, 8:8, Okay 5:10, 14:22, passed 9:1 point 18:5, 32:7 24:20, 25:22, 27:14, 16:18, 16:21, 20:9, pattern 35:23 points 12:6 27:17, 28:17, 28:18, 23:16, 24:1, 24:5 PAUL 2:3 population 22:8, 29:18, 29:24, 33:6, Old 3:5, 10:10, 15:7, pay 17:14, 17:16, 22:9 33:8, 33:9, 34:2, 19:21, 20:13 17:17 portion 11:8, 20:9 34:10, 34:10, 36:12, One 11:5, 15:6, people 11:16, 15:16, postpone 5:16, 37:12, 38:11, 38:15 16:18, 31:2 16:2, 24:15 27:17 PUD 11:7, 19:9, One-family 3:8, 7:2, per 22:5, 22:20 postponed 25:17, 19:13, 19:17, 19:17, 26:4 percent 23:11, 27:11 20:23, 21:6, 28:19, one. 14:3 33:24, 34:6 POWELL 2:12 31:13, 31:16, 31:20, ones 16:16 permits 32:17 power 16:17 31:21, 32:4, 32:10, open 14:4, 15:1, petition 25:16, preference 24:13 32:14, 32:18, 33:1, 18:8, 18:8, 25:18, 25:16, 25:17 preferring 24:15 33:13, 33:14, 35:9, 25:20, 27:11, 35:23 petitioned 19:11 preliminary 9:19, 35:11 opinion 30:23, 31:17 petitioner 3:10, 4:14, 18:16, 30:12, 30:13, Pulte 6:19 opportunity 12:12, 5:6, 7:10, 8:9, 25:24, 33:23, 34:5, 34:5 purpose 30:4, 30:5, 33:9 27:10, 30:7, 30:15, presented 10:24, 31:2, 35:17, 35:18 oranges 10:20, 31:19, 32:2, 33:23 11:2, 30:10 put 8:16 10:20 petitioners 3:6, 6:20 presenting 9:1 order 10:4 petitions 34:9 presently 6:23, 7:1, ordinance 28:19, piece 15:21 14:18 < Q > 30:3, 30:7, 30:8, Plan 4:21, 5:9, 8:20, pretty 13:23 question 16:5 30:22, 31:4, 31:10, 8:21, 8:23, 8:24, previous 18:11 Questions 5:21, 32:20, 33:21, 33:21, 8:24, 9:1, 9:14, 9:15, price 12:6, 12:7 13:23, 14:23, 17:21, 34:7, 34:12, 34:15, 9:19, 11:1, 12:12, Primary 30:5 34:20, 34:23 34:16 12:19, 13:14, 13:15, prior 30:15 quite 30:13 ordinances 34:18 14:15, 15:7, 15:12, PROCEEDINGS 1:6, original 11:1, 19:6, 15:22, 16:20, 18:17, 37:11, 38:11, 38:15 Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 44 May 9 , 2006 < R > 18:6 school 13:8, 13:10, slides 19:18 R-1 3:8, 4:12 require 31:18, 33:5, 13:11, 13:13, 17:13, sliding 21:18 R-2 3:16, 3:17, 4:12, 34:2, 36:4 17:15, 17:19 smaller 11:22, 11:23, 4:13, 7:2, 26:3, 26:4 required 13:12, schools 17:3, 17:5, 12:8, 12:9, 15:9, R-3 6:24, 26:5 30:14, 30:15 17:7, 17:9 19:10, 23:24 R-4 26:6 requirements 19:20 se 22:20 Someone 4:14, 7:9, rather 33:13 requires 30:10 Second 3:5, 3:17, 8:8, 36:2 re-doing 12:12 research 11:13 3:18, 5:19, 7:13, sorry 23:15 read 33:20 Residence 3:8, 6:24, 7:14, 24:22, 26:14, South 3:13, 9:8, real 3:11, 7:4, 7:5, 26:4, 26:5, 26:6, 26:6 27:21, 28:22, 36:14 9:22, 13:3, 15:15, 26:8 resident 13:20 seconded 3:20, 16:6, 20:7, 25:23, really 9:7, 9:13, residential 10:15, 5:21, 7:16, 24:24, 26:10, 26:11 10:23, 12:24, 17:2, 21:19, 32:24 26:16, 27:23, 28:24, space 18:9, 21:12, 17:4, 36:1 residents 14:5, 17:4, 36:16 35:23 reason 23:22 17:13 Secondly 31:3 speaking 9:22 recap 8:19 Response 5:14, section 11:9, 35:17 SPEARS 2:10, 4:7, recent 11:14 5:22, 14:24, 24:18, seem 24:7 4:8, 6:3, 6:4, 7:11, recently 24:14 27:15, 34:24, 35:3, seems 13:23 7:12, 8:1, 8:2, 25:7, recommendation 36:7 seen 24:14 25:8, 27:1, 27:2, 29:22, 30:2, 32:1 restricted 16:7, segment 22:14 28:6, 28:7, 28:22, recommended 30:4, 16:23, 17:9, 20:1, separate 17:18 29:7, 29:8, 36:21, 32:20, 34:13 20:1, 20:2, 20:3, September 8:22 36:22 recommending 20:6, 20:11, 20:16, sequence 5:9 special 4:22, 32:10, 34:17 20:18, 20:20, 22:4, serve 12:6 32:14, 32:18 record 8:10, 31:2 22:5 Service 3:7, 6:23, specifically 11:7 recordkeeping 32:8 review 31:4, 33:12 15:8 specifics 12:20 reducing 13:7, reviewed 30:11 services 13:19 square 12:14, 17:23, 14:19, 23:3 revised 8:24, 19:18, set 38:16 18:6, 18:10, 19:7, reduction 11:3, 13:6, 28:19 seven 4:22 19:12, 19:22, 20:23, 13:18 rezone 26:1 Shorthand 38:8, 22:12, 22:12 regardless 22:23 rezoning 6:22 38:10, 38:13 ss 38:2 regular 9:18, 11:23, right-in 15:8 show 10:9, 24:14 staff 29:23, 30:23, 18:1, 18:2 right-out 15:8 showed 19:10 34:8, 35:5 relative 12:14 Road 1:9, 3:13, 3:13, shown 16:20, 33:16 standpoint 32:8, relatively 12:13 7:7, 15:5, 15:12, shows 10:20 32:9, 32:15 remains 32:11 26:9, 26:10, 26:11 side 16:6 start 21:15 removed 34:18 roll 3:20, 5:24, 7:16, significantly 21:10 State 8:9, 14:9, REPORT 1:6 24:24, 26:16, 27:23, similar 11:18, 32:23 35:11, 38:1, 38:8 reported 38:10 28:24, 36:16 single-family 11:17, straight 32:14, 32:19 Reporter 38:8 Rose 2:10, 16:4 11:24, 12:2, 18:19, strictly 21:24 representing 4:14, roughly 23:12 18:21, 19:2, 19:4, strike 34:16 7:10, 8:9 Route 3:12, 7:7, 24:10, 24:16 structured 30:23, request 3:6, 5:6, 10:4, 12:23, 13:2, site 13:11, 21:17 32:20 6:20, 6:22, 9:16, 15:17, 16:3, 26:10 situations 31:19 students 13:9 10:1, 25:24, 31:16, size 17:23, 31:11 style 31:22 32:5 sizes 12:10, 12:13, submittal 30:12, requested 27:10 < S > 19:10 33:23 requesting 18:4, says 38:7 skewed 24:6 summer 11:21 Depo Court Reporting Service ( 630 ) 9B3-0030 Yorkville City Council 45 May 9, 2006 sworn 38:7 14:15, 22:5 Walker 26:11 < Y> Two-family 26:5 wanted 5:12 year 13:16, 14:1 type 13:19, 13:20, wanting 11:16 yellow 20:14, 34:14 < T > 23:12 wants 31:8 Yorkville 1:2, 1:10, talked 12:6, 13:16, typical 13:18 Webb 8:16, 10:7, 2:19, 3:7, 4:17, 6:20, 35:7 10:21, 11:8, 13:17, 7:8, 8:13, 13:21, taxes 17:8 14:14, 15:20, 18:23, 25:23, 26:1, 26:2, ten 33:24 18:24, 19:1, 19:7, 27:18, 28:20 terms 10:9, 10:10, unanimously 9:2 23:2, 23:11, 23:12, 13:8, 15:20, 31:10, underlying 4:23, 23:20 31:11, 31:11, 31:22, 32:11 west 15:16, 26:10 < Z > 31:23, 33:8 understand 20:5, western 20:11 zoned 6:23, 7:1, testified 4:17, 8:13 21:2, 22:10, 30:9, whatever 13:12 18:5 themselves 12:10, 32:13 WHEREOF 38:16 zoning 4:24, 18:2, 33:19 UNIDENTIFIED WHEREUPON 4:15, 30:21, 31:10, 32:11, Thirdly 32:6 14:11 8:11 32:12, 32:15, 32:19, though 19:7, 19:10, unique 31:20, 31:22, will 5:8, 9:18, 12:3, 32:21, 33:1, 33:3, 21:14 35:10, 35:12 12:8, 13:4, 13:9, 33:3, 33:14 thre 21:22 Unit 6:21, 7:3, 24:1, 14:12, 14:13, 14:14, three 21:22, 30:5 24:3, 26:3, 30:3, 15:12, 15:15, 15:16, throughout 11:15 30:8, 30:19, 31:4, 15:24, 17:7, 17:8, < Dates > tied 33:17 32:21 17:10, 17:12, 17:20, may 9, 2006 1:8, 1:8, tightened 34:6 United 1:2, 2:18, 3:6, 18:2, 18:7, 18:15, 1:8 tonight 9:1, 9:7, 9:22 7:7, 25:24, 26:2, 18:15, 19:16, 24:10, tool 31:1 27:18, 28:20 25:19, 25:21, 34:8 total 10:24, 11:2, units 11:11, 12:1, WILLIAM 2:12 14:16, 14:20, 22:9 12:3, 22:9, 33:18 within 12:3, 13:21, totals 23:18 unless 13:22 14:20, 17:11, 31:6 tour 11:19, 11:21 useful 34:8, 35:22 without 16:2 towards 17:8 uses 33:16, 33:18, WITNESS 38:16 Township 3:14, 34:1 WOLFER 2:6, 4:1, 26:12 utilized 31:5 4:2, 6:11, 6:12, 7:19, trade-off 33:10 utilizing 35:20 7:20, 25:1, 25:2, traditional 10:5 26:14, 26:17, 26:18, transcribed 1:7 27:20, 28:14, 28:15, transcript 38:13 < V > 29:15, 29:16, 36:9, travel 15:17 VALERIE 2:5 36:13, 37:5, 37:6 Travis 35:5 variance 18:7, 18:7 words 31:8 Treasurer 2:12 variances 31:7, work 13:10, 22:20 treat 32:10 31:13, 31:15 worked 35:6 treated 32:21 versus 18:20, 22:3 working 23:23 trends 24:14 viewed 11:20 works 22:24 true 38:12 VITOSH 1:8, 38:6, worth 32:7 truly 35:10 38:23 writing 36:5 Trust 3:5 written 36:2 try 9:5 WYETH 2:17, 25:19 turn 33:15 < W> two 8:20, 11:6, wait 31:14 Depo Court Reporting Service ( 630 ) 983-0030 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 'D • ^� OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILLINO S 1��A,lu', HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,MAY 23,2006. Mayor Prochaska called the meeting to order at 7:05 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Leslie Present Ward 11 Burd Absent Wolfer Absent Ward III Bock Present Munns Present(arrived 7:15) Ward IV Besco Present Spears Present Also present City Clerk Milschewski,City Treasurer Powell,Interim City Administrator Crois, City Attorney Wyeth,Assistant City Administrator Olson,Police Chief Martin,Police Sergeant Klingel Director of Public Works Dhuse,Executive Director of Park&Recreation Mogel, Community Development Director Miller and Payroll/Benefits Specialist Kasper. OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Prochaska asked that the swearing in of the police officers be moved up from the Mayor's Report to after Committee Meeting Dates. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,June 5,2006 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,May 25,2006 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 6:30 p.m.,Thursday,June I,2006 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 p.m.,Tbursday,June 8,2006 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee 6:30 P.M.,Tuesday,June 13,2006 City of Yorkville Conference Room 800 Game Farm Road PRESENTATIONS Swearing-in of Richard Hart as Lieutenant Mayor Prochaska,along with Chief Martin,Police Commissioners Johnson and Anderson and members of the Citizens Police Academy Association swore in Sergeant Hart,a thirteen-year veteran of the United City of Yorkville Police Department,as Lieutenant. Swearing-in of James Presuak as Sergeant Mayor Prochaska,along with Chief Martin,Police Commissioners Johnson and Anderson and members of the Citizens Police Academy Association swore in Officer Presnak,a three-year veteran of the United City of Yorkville Police Department,as Sergeant. Minutes of the Reenlar Meetine of the City Council—May 23,2006—naee 2 PUBLIC HEARINGS New Life Church Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing New Life Church of Yorkville,an Illinois Not-for-Profit Corporation,The Estate of Elizabeth G. Bauman,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 remne 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 comer of Galena Road and Kennedy Road,Bristol Township,Kendall County,Illinois. So moved by Alderman Spears;seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-6 Nays-0 Besco-aye,Leslie-aye,James-aye,Mumts-aye;Spears-aye,Bock-aye Please see attached Report of Proceedings transcribed by Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Spears;seconded by Alderman Bock. Motion approved by a roll call vote. Ayes-6 Nays-0 Leslie-aye,James-aye,Munns-aye,Spears-aye,Bock-aye,Besco-aye Downtown Tax Increment Financing Redevelopment Project and Plan Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing the Downtown Tax Increment Financing Redevelopment Project and Plan. So moved by Alderman Munns;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-6 Nays-0 Leslie-aye,James-aye,Munns-aye,Spears-aye,Bock-aye,Besco-aye Please see attached Report of Proceedings transcribed by Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Besco;seconded by Alderman Spears. Motion approved by atoll call vote. Ayes-6 Nays-0 James-aye,Munns-aye,Spears-aye,Bock-aye,Besco-aye,Leslie-aye EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into Executive Session for the purpose of: o 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. He asked that City Clerk Milwhewski,City Treasurer Powell,City Attorney Wyeth and Payroll/Benefits Specialist Kasper be included in the session. So moved by Alderman Moons;seconded by Alderman Bock. Motion approved by a roll call vote. Ayes-6 Nays-0 Spears-aye,Bock-aye,Besco-aye,Leslie-aye,James-aye,Munns-aye The City Council entered into Executive Session at 8:35 p.m. The City Council returned to Regular Session at 8:45 p.m. CITIZEN COMMENTS None. The Minutes of the Revular Meeting of the City Council—May 23,2006—nave 3 CONSENT AGENDA I. Monthly Treasurer's Report for March 2006(ADM 2006-33) 2. Ordinance 2006-40-Amending City Code Title 10—Zoning Chapter 13—Planned Unit Development-authorize Mayor and City Clerk to execute(EDC 2006-12) 3. Heartland Circle Bond Reduction#6—authorize reduction in an amount not to exceed 3211,346.22(PW 2006-80) 4. Raintree Village Unit 6—Construction Guarantee—agree to accept a reduced bond or letter of credit in the amount of$2,011,380.68(PW 2006-82) 5. Walter E.Deuchler Associates,Inc.Engineering Agreement for Construction Services of the North Branch ContractNo. 1 Rob Roy Creek Interceptor-authorize Mayor and City Clerk to execute(PW 2006-83) 6. Galena Road Watermain—Plat of Easement-authorize Mayor and City Clerk to execute (PW 2006-84) 7. Ordinance 2006-41-Enact Recapture Agreement for River's Edge Subdivision Watermain Recapture- authorize Mayor and City Clerk to execute(PW 2006-88) 8. Recommended Nominees for Historical Street Names-approve Dr.Frederic Michael Groner,Richard"Jerry"Groner,and Winfred(Win)Prickett as nominees for historical sweet names(PW 2006-89) 9. Countryside Parkway(E.Kendall—Center Parkway)—Bid Results-an�ard to Aurora Blacktop,Inc.in an amount not to exceed$213,287.82(PW 2006-90) Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Munns;seconded by Alderman Bock. Motion approved by a roll call vote. Ayes-6 Nays-0 James-aye,Munns-aye,Spears-aye,Bock-aye,Besco-aye,Leslie-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the Special Committee of the Whole meeting of April 25,2006;seconded by Alderman Munns. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated May 12,2006 totaling the following amounts:checks in the amount of $1,622,762.92(vendors—FY 05/06);$125,293.25(vendors—FY 06/07);197,041.91 (payroll period ending 4/29/06);for atotal of$1,945,098.08; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-6 Nays-0 James-aye,Munns-aye,Spears-aye,Bock-aye,Besco-aye,Leslie-aye Alderman James questioned a check to the School District for approximately$375,000.00 and Mayor Prochaska clarified that the check was a transfer of Land Cash funds. REPORTS MAYOR'S REPORT Appointment of Finance Director Mayor Prochaska entertained a motion to appoint Susan Mika as Finance Director.So moved by Alderman Wolfer,seconded by Alderman Spears. Mayor Prochaska welcomed Ms.Mika who will start her new position on June 7,2006. Motion approved by a roll call vote. Ayes-6 Nays-0 Besco-aye,Leslie-aye,James-aye,Munns-aye,Spears-aye,Bock-aye Park Board Appointment Mayor Prochaska entertained a motion to approve the appointment of Deborah Horaz to the Park Board. So moved by Alderman Spears;seconded by Alderman Bock. Mayor Prochaska reported that Ms.Horaz,who is a resident of the White Oak Subdivision and is a master gardener,will be replacing Heather Fiala who resigned. The Minutes of the Regular Meeting of the City Council—May 23.2006—page 4 Motion approved by a roll call vote. Ayes-6 Nays-0 Leslie-aye,James-aye,Munns-aye,Spears-aye,Bock-aye,Bosco-aye Proclamation for Relay for Life Mayor Prochaska explained that the Relay for Life event will be held in Sandwich,Illinois this year and he noted that he would be raising funds for the event by sitting in a dunk tank at Jewel- Osco on June 10u from 9:00 a.m.to 3:00 p.m.and June 11 a from noon to 4:00. He invited everyone t come out and dunk him. He read a proclamation for the Relay for Life Days,June 9, and June 10,2006. Mayor Prochaska entertained a motion to ratify the proclamation. So moved by Alderman Munns;seconded by Alderman Spears. Motion approved by a viva voce vote. Resolution 2006-40 Opposing the Passage of the Communication Opportunity Promotion and Enhancement Act (Cope Act) Mayor Prochaska reported that the Cope Act seeks to remove franchising authority from local municipalities and return it back to the federal government. He felt it was important for the City Council to make it known to the federal representatives that this is not an appropriate act. Mayor Prochaska entertained a motion to approve a resolution opposing the passage of the Communication Opportunity Promotion and Enhancement Act as presented.So moved by Alderman Manus;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-6 Nays-0 James-aye,Munns-aye,Spears-aye,Bock-aye,Besco-aye,Leslie-aye CITY COUNCIL REPORT No report. ATTORNEY'S REPORT Attorney Wyeth informed the City Council that his son Adam pitches for the Pony League and would be available around noon on Saturday,June 10,2006. He stated that Adam had a pretty good arm and could be sponsored to dunk the Mayor. CITY CLERK'S REPORT MFT Audit#57 City Clerk Milschewski reported that she received Audit Report No.57 from the Illinois Department of Transportation(IDOT)which covered the receipt and disbursement of Motor Fuel Tax(MFT)for the period of January 1,2005 to December 31,2005.The net balance of MFT funds as of December 31,2005 was$427,225.63. Clerk Milschewski requested a motion to accept the IDOT Audit Report No.57 as presented. So moved by Alderman Leslie;seconded by Alderman Bock. Motion approved by a roll call vote. Ayes-6 Nays-0 Bock-aye,Besco-aye,Leslie-aye,.James-aye,Munns-aye,Spears-aye Appointment of Deputy Clerk Clerk Milschewski requested a motion to approve Office Assistant Lisa Pickering as Deputy Clerk for the next fiscal year. So moved by Alderman Leslie;seconded by Alderman James. Alderman Spears clarified if Mrs.Pickering will be able to sign documents and if she would receive a stipend for the position. Mayor Prochaska clarified that Mrs.Pickering is able to sign documents for the City Clerk if the Clerk gives her authorization and she will receive the stipend. Motion approved by a roll call vote. Ayes-6 Nays-0 Besco-aye,Leslie-aye,James-aye,Munns-aye,Spears-aye,Bock-aye CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. The Minutes of the Regular Meeting of the City Council—May 23,2006—naoe 5 DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE REPORT No report. DIRECTOR OF PARKS&RECREATION REPORT Director Mogle reported that there will be a Town Meeting on Thursday,May 25,2006 at 6:00 p.m.(before the Park Board meeting)to gain input from the public regarding the Prairie Meadows Park. COMMUNITY DEVELOPMENT DIRECTOR REPORT No report. COMMUNTTY RELATIONS REPORT No report. COMMUNITY&LIAISON REPORT Para-transit Working Group Workshop Alderman Spears reported that she attended the Para-transit Working Group Workshop on May 22,2006. The workshop was for Kendall and Kane County and was conducted by Kendall County Administrator Jeff Wilkins and Regional Transportation Planning Liaison for Kendall and Kane County Council of Mayors,Holly Smith. Numerous representatives from various agencies, counties,etc.attended the workshop where solutions to the public transportation issues were addressed. A survey has been developed which will be distributed to Kendall and Kane County residents to determine specific needs for public transportation. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Polite Homes—Westhaven (PC 2006-20) Alderman Munns reported that the developer requested that no action be taken on these items tonight. PUBLIC SAFETY COMMITTEE REPORT No report. ADMBVISTRATION COMMITTEE REPORT Resolution 2006-41 Adopting a Hiring Process for Certain Salaried Management Employees (ADM 2006-13) A motion was made by Alderman James to approve a resolution adopting a hiring process for certain salaried management employees;seconded by Alderman Basco. Alderman Bosco questioned wiry the department heads were not included in the first group. Mayor Prochaska stated that with some positions the City Council and/or staff has enough knowledge to hire using the regular process and it was suggested that like-positions in other communities could be asked to help with interviewing with out having to use a recruiting firm. Motion approved by a roll call vote. Ayes-6 Nays-0 Spears-aye,Bock-aye,Besco-aye,Leslie-aye,James-aye,Munns-aye ADDITIONAL BUSINESS Comcast Memos Alderman Munns noted that former City Administrator Graff is still being referenced on memos from Comcast. He asked that the staff notify Comcast of the change. Double"A"Regional Alderman Munns reported that Yorkville beat Sandwich today at the Boys Double"A"Regional. Yorkville will play tomorrow at Oswego. The Minutes of the Reeular Meefine of the City Council—May 23.2006—naee 6 Laptops for City Council Alderman Besco asked if the Technology Committee had a chance to look at laptop computers for the City Council members. He stated that with the price of paper going up,the computers may be more cost effective rather than printing everything out. Alderman James noted that this was not in the budget and that he was against taxpayer's dollars being used in this way. He felt that if members of the Council wanted to use their own private laptops that would be fine. He noted that recently the Park&Recreation Department budgeted for two laptops and came under scrutiny from the City Council. He felt the City Council requesting laptops now was an insult to the staff. There was some discussion regarding preparing the Council Chamber to go wireless,cost, developing a policy for the laptops,preparing documents in a digital format so that City Council members could download them at home,focusing on staffs needs First,etc. Mayor Prochaska suggested that this discussion go to the Ad Hoc Technology Committee for further investigation (cost savings,laptop policy,feasibility,etc)and discussion. Alderman Bock stated he would bring this to the committee. ADJOURNMENT ' Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Spears;seconded by Alderman Leslie. Motion approved by a viva voce vote. Meeting adjourned at 9:15 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois CITY COUNCIL MEETING UNITED CITY OF YORKVILLE, ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above-entitled matter transcribed by CHRISTINE M . VITOSH, C . S . R. , on May 23 , 2006 , at the hour of 7 : 00 p .m. , at 800 Game Farm Road in the City of Yorkville, Illinois . �EFO • C®uxiT reporting service 1212 South Naper Boulevard • Suite 119.185 - Naperville, IL 60540 • 630-983-0030 - Fax 630-299-5153 www.depocourt.com 2 1 P R E S E N T : 2 MR . ARTHUR F . PROCHASKA, Mayor ; 3 MR . PAUL JAMES , Alderman; 4 MR . JASON LESLIE, Alderman; 5 MR . MARTY MUNNS , Alderman; 6 MR . JAMES BOCK, Alderman; 7 MR . JOSEPH BESCO, Alderman ; 8 MS . ROSE ANN SPEARS, Alderwoman; 9 MR. JOHN CROIS , City Administrator; 10 MR. WILLIAM POWELL, Treasurer; 11 MS . JACQUELYN MILSCHEWSKI , City Clerk . 12 13 A P P E A R A N C E S : 14 MR . JOHN JUSTIN WYETH, Counsel , 15 appeared on behalf of the United City of Yorkville , Illinois . 16 17 - - - - - 18 19 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 3 1 ( Pledge of Allegiance) 2 MAYOR PROCHASKA: The next item on 3 the agenda are two public hearings . The first 4 public hearing -- I would entertain a motion to 5 go into public hearing for the purpose of 6 discussing New Life Church of Yorkville , an 7 Illinois not-for-profit corporation, the Estate 8 of Elizabeth G . Baumann, deceased, Teresa R. 9 Hoffman and George P . Baumann, Old Second Bank 10 Trust No . 8574 , Henry A. Baumann, Senior, by-pass 11 trust care of Teresa R. Hoffman and George P . 12 Baumann, petitioners , request to annex to the 13 United City of Yorkville and rezone from Kendall 14 County A-1 Agricultural to United City of 15 Yorkville B-3 Service Business District and R-1 16 One-Family Residence District . 17 The real property consists of 18 approximately 49 . 36 acres located on the 19 southeast corner of Galena Road and Kennedy Road, 20 Bristol Township, Kendall County, Illinois . 21 MS . SPEARS : So moved. 22 MR. MUNNS : Second. 23 MAYOR PROCHASKA: Moved and 24 seconded. May I have roll call, please? Depo Court Reporting Service ( 630 ) 983-0030 4 1 MS . MILSCHEWSKI : Besco . 2 MR. BESCO : Aye . 3 MS . MILSCHEWSKI : Leslie . 4 MR . LESLIE : Aye . 5 MS . MILSCHEWSKI : James . 6 MR . JAMES : Aye . 7 MS . MILSCHEWSKI : Munns . 8 MR . MUNNS : Aye . 9 MS . MILSCHEWSKI : Spears . 10 MS . SPEARS : Aye . 11 MS . MILSCHEWSKI : Bock . 12 MR . BOCK : Aye . 13 MAYOR PROCHASKA: Motion is carried . 14 We are now in public hearing . Are you 15 representing the petitioners? State your name . 16 WHEREUPON : 17 VINCE ROSANOVA, 18 testified before the Yorkville City Council as 19 follows : 20 MR . ROSANOVA: Vince Rosanova . I am 21 with the law firm of Dommermuth, Brestal, 22 Cobine & West . We represent the contract 23 purchaser and petitioner, New Life Church of 24 Yorkville . Depo Court Reporting Service ( 630 ) 983-0030 5 1 New Life Church of Yorkville is 2 petitioning the City of Yorkville for annexation 3 as well as execution of an annexation agreement , 4 rezone from B-3 to -- B-3 Service Business zoning 5 and R-1 One-Family zoning, R-1 Residential 6 zoning . 7 Tonight the petitioner is here 8 to give testimony on the proposed annexation 9 agreement . 10 The general property is located 11 north of Mill Road, east of Kennedy Road, and 12 south and east of Galena Road. 13 The northern portion of the 14 property consists of approximately 26 acres, and 15 we have to move these power lines for that 16 portion of the property. 17 Upon that portion we would like 18 to occupy a school and church facility, which are 19 both permitted uses in the R-1 district . 20 In the southern portion of the 21 property, which of course is B-3 , B-3 Service 22 Business District zoning, to host a various 23 assortment of commercial uses as well as 24 potential for an assisted living facility . Depo Court Reporting Service ( 630 ) 983-0030 6 1 Pursuant to staff and Plan 2 Commission comment , we went through all the 3 permitted uses in the B-3 district and we believe 4 that those fit those uses . 5 In fact , New Life Church of 6 Yorkville intends on occupying the north quadrant 7 of the property, so they have quite a bit of 8 interest in ensuring that the uses permitted here 9 are harmonious with the surrounding land uses , 10 including another church to the east and 11 residential uses to the south and west . 12 Present tonight we have Esther 13 Remke of New Life Church, Phil Stuepfert of SEC 14 Planning Consultants , and at this time we ' d like 15 to turn it over to public testimony . We ' d be 16 happy to answer any questions of Council or the 17 public . 18 MAYOR PROCHASKA: At this time I 19 would ask if there is anyone in the audience that 20 would like to come forward and ask questions , 21 give testimony, before the City Council . 22 If you so wish, please come 23 forward to the podium, state your name . 24 WHEREUPON : Depo Court Reporting Service ( 630 ) 983-0030 7 1 ANDREW BOBBITT, 2 testified before the Yorkville City Council as 3 follows : 4 MR. BOBBITT : My name is Andrew 5 Bobbitt . I am executive director for the Fox 6 Valley Family YMCA. I have five, brief comments . 7 As indicated, the YMCA has 8 received a donation of 4 . 4 acres of a triangle 9 piece along the future Mill Road. We have a 10 vested interest in seeing the neighbors adjacent 11 to us . 12 As it relates to the concept 13 plan, just for future reference, we are in the 14 process of doing site work, but it does not 15 appear the arrow entering the center of the 16 triangle is going to be available access from the 17 commercial piece of New Life just based on the 18 layout of our building and the parking lot, so we 19 would ask that that be removed for the future . 20 Also, the abandoned section of 21 Mill Road, along here, just for clarification 22 purposes , if it could be noted on the concept 23 plan that that is going -- 24 MAYOR PROCHASKA: Excuse me one Depo Court Reporting Service ( 630 ) 983-0030 8 1 minute . Can we set that back and just kind of -- 2 so some of the Council members can also see it? 3 Right there, that ' s good . I think -- Andrew, do 4 you want to make sure that mic is turned on, too? 5 MR . BOBBITT : All right . Sorry . 6 Maybe just for future reference, if that section 7 of the road could be noted that is going to be 8 abandoned in the future so that when there is 9 discussions about Mill we can differentiate 10 between the section that will be abandoned and 11 the future Mill Road . 12 As to the annexation agreement , 13 four comments . There are two that are related in 14 the annexation agreement to signage . We would 15 ask that in the language of the annexation 16 agreement that it would -- when it lists Mill 17 Road that it would be excluding the future 18 abandoned Mill Road so that when it ' s talking 19 about signage, it ' s talking about signage on the 20 existing Mill Road and not confusing any signage 21 on the Mill Road that ' s going to be abandoned . 22 Secondly, we would ask on Page 23 14 of the annexation agreement where it lists for 24 the future abandonment of Mill Road that it Depo Court Reporting Service ( 630 ) 983-0030 9 1 specifically indicates that it is for the half of 2 Mill Road that would belong to New Life . 3 Obviously the other half of 4 Mill Road would belong to the YMCA and that would 5 be dealt with separately, but we want to make 6 sure that the full, future abandoned Mill Road is 7 not included within the context of this 8 annexation agreement as New Life would only own 9 up to this center point . 10 MAYOR PROCHASKA: And I believe that 11 legally is the case when we have -- when the 12 municipality abandons , it goes half to one owner, 13 half to the other by statute . 14 MR. BOBBITT : Okay. And, lastly, 15 within the list for B-3 as indicated initially at 16 the Plan Commission, and which I have a copy of, 17 there were some excluded, marked off uses of B-3 . 18 We would like the city to 19 consider two additional exclusions ; one would be 20 for a car wash and then second would be for a 21 drive-in restaurant . Thank you. 22 MAYOR PROCHASKA: Okay. Thank you . 23 Is there anyone else that would like to come 24 forward? Depo Court Reporting Service ( 630 ) 983-0030 10 1 (No Response ) 2 MAYOR PROCHASKA: Would anyone from 3 the petitioners or New Life want to address any 4 of the comments just made? 5 MR. ROSANOVA: In the annexation 6 agreement , we will revise that language . As to 7 the YMCA guidelines piece of the center line , for 8 that clarification -- actually we filed the 9 clarification . 10 My client will now go back into 11 the B-3 uses , but I know that city staff has an 12 additional three to six uses which they ' d like to 13 discuss as well , so that will be handled . 14 Mill Road, right now we ' re 15 requesting zoning pursuant to a zoning plat . 16 This is a rough concept plan so you can kind of 17 visualize what happens . 18 Our thought here was that if 19 Mill Road were to ever be extended again here , it 20 would reach through a portion of the property to 21 allow access up into the church site . It will , 22 in fact , carry on throughout the property . 23 As far as entry alignment, I 24 will go back and revise the annexation agreement Depo Court Reporting Service ( 630 ) 983-0030 11 1 to make it clear that none of those entry 2 alignments will be done that way. 3 MAYOR PROCHASKA: Is there any 4 comments or questions from anyone on the Council? 5 MR. BESCO : Yes . 6 MAYOR PROCHASKA: Go ahead, Paul . 7 MR. BESCO: New Life is a 8 not-for-profit organization . Would all the 9 property on there be considered not-for-profit? 10 MR. ROSANOVA: Just the portion that 11 New Life occupies . The school would be 12 profitable to the City of Yorkville, and be 13 commercially zoned and occupied. 14 MR. BESCO : Okay . Because there are 15 special exemptions for churches or something like 16 that on taxes or something like that . 17 MR . WYETH: But the B-3 would 18 certainly be within our taxing jurisdiction, just 19 as any other B-3 would be . 20 MR. BESCO : Okay . I just wanted to 21 make sure that the business wouldn ' t be exempt . 22 MR. WYETH: No . 23 MR. BESCO : Okay. 24 MAYOR PROCHASKA: And anyone else? Depo Court Reporting Service ( 630 ) 983-0030 12 1 (No Response ) 2 MAYOR PROCHASKA: Just I guess my 3 comment is that I , too, would want to see that 4 list of exemptions for the B-3 , because , again, 5 if you look at the city ' s Comprehensive Plan, we 6 do talk about having business right at the corner 7 of Galena and Kennedy, but the portion that comes 8 back off onto Mill has basically never really 9 been shown as commercial, and I believe that ' s 10 where you ' re looking at the assisted living 11 development to go there . 12 MR . ROSANOVA: Yes . Yes . 13 MAYOR PROCHASKA: Is there anything 14 in this agreement that gives us a little 15 guarantee that that ' s going to happen? Or what 16 happens if it doesn ' t go there? 17 MR . ROSANOVA: At this point in the 18 annexation agreement there is language to the 19 effect that the facility, assisted living 20 facility, will occupy this quadrant of the 21 property, and the assisted living facility will 22 be permitted in that B-3 zoned area . 23 MAYOR PROCHASKA: Okay . 24 MR . ROSANOVA: That ' s something that Depo Court Reporting Service ( 630 ) 983-0030 13 1 we will discuss with staff in the next couple 2 weeks before we petition that . 3 MAYOR PROCHASKA: Anyone else? 4 (No Response) 5 MAYOR PROCHASKA: I would entertain 6 a motion to close the public hearing . 7 MS . SPEARS : So moved. 8 MR. BOCK: Second . 9 MAYOR PROCHASKA: Moved and 10 seconded . May I have roll call, please? 11 MS . MILSCHEWSKI : Leslie . 12 MR. LESLIE : Aye . 13 MS . MILSCHEWSKI : James . 14 MR. JAMES : Aye . 15 MS . MILSCHEWSKI : Munns . 16 MR. MUNNS : Aye . 17 MS . MILSCHEWSKI : Spears . 18 MS . SPEARS : Aye . 19 MS . MILSCHEWSKI : Bock. 20 MR. BOCK: Aye . 21 MS . MILSCHEWSKI : Besco . 22 MR. BESCO: Aye . 23 MAYOR PROCHASKA: Motion is carried. 24 We are out of public hearing. Thank you . Depo Court Reporting Service ( 630 ) 983-0030 14 1 MR . ROSANOVA: Thank you . 2 MAYOR PROCHASKA : Next on the agenda 3 is another public hearing, and I would entertain 4 a motion to go into public hearing for the 5 discussion of Downtown Tax Increment Financing 6 Redevelopment Project and Plan . 7 MR. MUNNS : So moved . 8 MS . SPEARS : Second . 9 MAYOR PROCHASKA: Moved and 10 seconded . May I have roll call , please? 11 MS . MILSCHEWSKI : Leslie . 12 MR . LESLIE : Aye . 13 MS . MILSCHEWSKI : James . 14 MR . JAMES : Aye . 15 MS . MILSCHEWSKI : Munns . 16 MR. MUNNS : Aye . 17 MS . MILSCHEWSKI : Spears . 18 MS . SPEARS : Aye . 19 MS . MILSCHEWSKI : Bock . 20 MR . BOCK : Aye . 21 MS . MILSCHEWSKI : Besco . 22 MR. BESCO: Aye . 23 MAYOR PROCHASKA: Motion is carried . 24 We are now in public hearing . Kathleen? Depo Court Reporting Service ( 630 ) 983-0030 15 1 WHEREUPON : 2 KATHLEEN ORR, 3 testified before the Yorkville City Council as 4 follows : 5 MS . ORR: Good evening . There is a 6 proposed Tax Increment Financing District for the 7 downtown in the City of Yorkville . 8 As prescribed by law, there are 9 many notices and prior meetings that have 10 occurred . 11 The purpose of this is to allow 12 anyone who has an interest to ask a question or 13 make a comment . 14 Consistent with the law, each 15 and every resident within the area was given 16 notice and there was a community meeting that was 17 held February 13th . Hopefully a lot of questions 18 were answered at that time . 19 On April 25th a meeting was 20 held here at city hall with all of the affected 21 taxing districts, and after thorough review of 22 the proposed downtown TIF, we are pleased to 23 report that there was a recommendation to the 24 City Council to proceed with this Tax Increment Depo Court Reporting Service ( 630 ) 983-0030 16 1 Financing District and the plan . 2 In addition, everyone within 3 750 feet of the borders of the TIF district were 4 also advised of the public hearing and the fact 5 that there is a plan since you would be a 6 neighbor to it, but your property itself could 7 not benefit by the TIF specifically . 8 Notice of this hearing has been 9 published twice , May 4th and May 11th . The 10 purpose of this , of course, is to give everyone 11 an opportunity to address . 12 How it starts is Lisa Lyons of 13 Ehlers , Incorporated will approach and give us a 14 synopsis of the TIF plan and tax increment 15 financing, and then we will open it to you to ask 16 any questions or make any comments . Lisa Lyons . 17 WHEREUPON : 18 LISA LYONS , 19 testified before the Yorkville City Council as 20 follows : 21 MS . LYONS : Good evening . My name 22 is Lisa Lyons . I am an economic development and 23 urban planning consultant with the firm Ehlers & 24 Associates , hired by the City of Yorkville to Depo Court Reporting Service ( 630 ) 983-0030 17 1 advise them on the eligibility analysis of the 2 downtown area for tax increment financing, as 3 well as potential redevelopment planning for that 4 district . 5 I have worked with the city on 6 its two other TIF districts and am familiar with 7 the Comprehensive Planning initiatives of the 8 city, particularly over the last five years . 9 Some of you -- How many of you 10 attended the community meeting that we had a 11 couple months ago on this issue? Just a couple 12 of you . So some -- most of this will be new to 13 most of you, a few of you will be hearing some of 14 the same material and some new material that 15 wasn ' t presented at the last meeting . 16 What you should -- Does 17 everyone have this handout? Okay . I will be 18 following along, and then I was planning on doing 19 a Power Point , but we also had technical 20 difficulty on it as well . 21 This tax increment financing is 22 basically an implementation tool that communities 23 throughout the state of Illinois and really 24 across the country have used to help to develop Depo Court Reporting Service ( 630 ) 983-0030 18 1 long-term financing tools for implementing a 2 downtown plan, a corridor plan, a redevelopment 3 of key sites in communities . 4 It provides for a multi-year 5 source of funding that ' s reliable , predictable , 6 and ultimately available to accomplish goals that 7 you have over time for key areas of your 8 community, like the downtown . 9 The city undertook a vision 10 planning process over the last year or so , and 11 that really -- that becomes the foundation for 12 some of the ideas and the goals and objectives 13 that are presented in the redevelopment plan . 14 Our firm worked on two 15 documents for the city. The first is an 16 eligibility study, which is an analysis of the 17 district in terms of its eligibility as a TIF 18 district relative to the State of Illinois 19 statutes . 20 The second is a redevelopment 21 plan, which is really a guide , a planning tool 22 and a guide to the city for implementation over 23 the potential term of the TIF, which is -- could 24 be 23 years . Depo Court Reporting Service ( 630 ) 983-0030 19 1 The TIF district is mapped 2 here, and is basically your core downtown area 3 with the corridors of Bridge Street , Hydraulic 4 and Van Emmon, and some blocks of your other key 5 streets like Main, et cetera . 6 This district is a little 7 larger than what the vision plan showed. The 8 vision plan is this plan here that was developed 9 by the planning firm of -- 10 MR. BOCK: Schoppe . 11 MS . LYONS : I ' m sorry, a firm that 12 spent a lot of time on identifying land use 13 opportunities and objectives for your downtown . 14 So as you can see, this breaks 15 off pretty much in this area here, and we ' ve 16 added some edges for redevelopment opportunities 17 and planning options for the TIF district . 18 The goals of the downtown plan 19 are basically to stabilize and enhance the 20 long-term viability of this key feature of 21 Yorkville, building upon its historic access and 22 its connections to residential neighborhoods 23 really in each direction, providing a stronger 24 connection to the Fox River as a strong amenity Depo Court Reporting Service ( 630 ) 983-0030 20 1 and anchor of the downtown, which is really a key 2 focus that communities along the Fox River have 3 been doing for many years , it ' s really been a 4 core asset of Yorkville ' s downtown always , but in 5 terms of its current -- the way that you ' ve 6 currently had an opportunity to leverage a 7 long-term viability in the future , there are some 8 new approaches to redevelopment from, let ' s say, 9 in the past , industrial uses to perhaps 10 residential and mixed uses , adding civic and 11 community uses as anchors and activity generators 12 within the downtown, and really establishing a 13 cohesive urban design for the district that 14 builds with quality building materials , 15 pedestrian amenities , distinctive lighting, 16 signage , all the things that you kind of know 17 when you feel it when you are in a downtown 18 environment that makes you want to stay, spend 19 time, walk around, shop, live, enjoy the natural 20 environment of the river as well . 21 The basics of tax increment 22 financing, as I said, it ' s a multi-year funding 23 tool that helps communities plan for and 24 revitalize or redevelop the oldest areas of their Depo Court Reporting Service ( 630 ) 983-0030 21 1 communities . 2 The basic process of TIF is 3 that municipalities facilitate private 4 investment, by investing in public improvements , 5 site preparation and other incentives for the 6 private sector . 7 With those dollars enhancing 8 the opportunities for private investment, the 9 value of the properties go up . 10 With that increase in the value 11 of the properties , there is new tax revenues 12 associated with that increase . That ' s the 13 increment . That becomes the pool of funds that 14 the community then uses to reinvest exclusively 15 within this district, so you ' re basically saying 16 we are looking at this area at a point in time 17 and we recognize that over the next 20 years we 1s want -- we need to make investments to stimulate 19 the private market to invest in this downtown . 20 Through that private investment 21 property valuations increase . There is an 22 incremental amount of tax revenue that ' s 23 generated as a result of that increase . 24 That increment, instead of Depo Court Reporting Service ( 630) 983-0030 22 1 being distributed to all the taxing districts , 2 goes back to the municipality exclusively for 3 activities in redevelopment goals and objectives 4 to be accomplished within the TIF district . 5 If there is questions on that , 6 I can take them now or we can wait until the end 7 of the presentation on the vehicle of TIF . 8 MR . CROWE : So basically what you ' re 9 telling us -- 10 MAYOR PROCHASKA: Sir, could you 11 state your name? 12 MR . CROWE : Mike Crowe . 13 MAYOR PROCHASKA: Thank you . 14 WHEREUPON : 15 MIKE CROWE, 16 testified before the Yorkville City Council as 17 follows : 18 MR . CROWE : Okay. What you ' re 19 basically telling us is it ' s going to raise our 20 taxes up and it ' s going to be -- you ' re going to 21 do this, but -- you ' re wanting to do all this in 22 the long run . 23 Well , the state ain ' t never 24 come through and done nothing with the roads , so Depo Court Reporting Service ( 630 ) 983-0030 23 1 why would anybody want to do this until the state 2 gets done tearing up what they ' re going to do, 3 right? 4 MS . LYONS : Well , to address your 5 first point, the increase in -- the tax rate does 6 not change . The increase in tax revenue comes 7 about just as it would if you improved your 8 property through a facade improvement or if you 9 took a vacant parcel or a property that has no 10 existing business within it , it ' s a vacant 11 building . 12 When those properties are 13 re-developed or a new business goes into those 14 buildings , the property valuation of those 15 properties increases . 16 So those are the kind of things 17 that would trigger an increase beyond a natural 18 growth in the value of your property . 19 So unless those kind of 20 activities are happening in your specific 21 property, the valuation and then ultimately the 22 tax levied against it would not increase beyond a 23 natural rate of growth that you have been 24 experiencing. Depo Court Reporting Service ( 630 ) 983-0030 I 24 1 WHEREUPON : 2 DON PETERSON, 3 testified before the Yorkville City Council as 4 follows : 5 MR. PETERSON : Don Peterson . Are 6 you saying then that properties outside the TIF 7 district will not be impacted from a property tax 8 standpoint and that any revenue increases will be 9 within TIF -- I am not clear on that . 10 MS . ORR : Right . There is no tax 11 impact by a TIF on the property . No tax impact . 12 So if I own a house and it ' s in 13 a TIF and all the property taxes go up two 14 percent , three percent , like they do every year, 15 that happens whether you ' re in the TIF or out of 16 the TIF . Okay . Number one . 17 Number two, now I ' ve got a 18 vacant lot . I own a vacant lot over there, and 19 I ' m going to build a commercial structure with a 20 storefront . 21 That property tax went from 22 $200 to $10 , 000 a year, commercial structure . 23 $ 9800 is the increment . It doesn ' t affect your 24 property. That ' s my property . I now have to pay Depo Court Reporting Service ( 630 ) 983-0030 25 1 $10 , 000 . 2 What TIF does , the $200 that I 3 used to pay still goes and it ' s distributed like 4 always . 5 The $ 9800 by law goes into a 6 special fund that must be held by the 7 municipality, utilized in specific ways , reported 8 on an annual basis and reinvested in this yellow 9 area . 10 So your taxes don ' t go up, but 11 any taxes that do are generated for a 23-year 12 period, must be used, be reinvested for the roads 13 the state isn ' t going to do, infrastructure, 14 improvements , a civic center, some beautiful 15 landscaping, so that ultimately this area, which 16 is a key area, a beautiful potential area for the 17 City of Yorkville, achieves its finest . Tax 18 increment financing does not increase your taxes . 19 Okay. So now it ' s ten years 20 from now . We ' ve invested all this money so that 21 all of your properties are more valuable . 22 Yes , your taxes are going to go 23 up it ' s . Like when I put an extension or an 24 expansion on my house, my taxes went up . Depo Court Reporting Service ( 630 ) 983-0030 26 1 If the neighborhood improves , 2 all of our property values improve . But that ' s 3 the only way your taxes would go up, is that if 4 your asset is increased in value . 5 Does that help you understand 6 how it works? That ' s how TIF is good . 7 So that $ 9800 , that doesn ' t go 8 to anything else, no schools . 9 Now let ' s talk about that and I 10 announce that . We had a meeting with the taxing 11 districts and we explained to them what we were 12 doing and they recommended we proceed because 13 they realize there is a great potential here , 14 just as probably everybody in this room does . 15 There is a great potential 16 here , and that if there isn ' t something to spur 17 it on, it ' s never going to grow. 18 So we ' ve got a recommendation 19 from the taxing districts , including the schools . 20 So we are pleased to report to you, we ' re all on 21 the same page . That ' s not always the case in 22 TIFs , so we are very fortunate here . 23 MS . LYONS : All right . I think -- 24 WHEREUPON : Depo Court Reporting Service ( 630 ) 983-0030 27 1 BARB LEONARD, 2 testified before the Yorkville City Council as 3 follows : 4 MS . LEONARD : I live along the I 5 river . 6 MAYOR PROCHASKA: Would you please 7 state your name for the record? 8 MS . LEONARD: Barb Leonard, sorry. 9 MAYOR PROCHASKA: Thank you . 10 MS . LEONARD: And I can ' t figure out 11 how far west on Hydraulic the TIF district goes . 12 I am -- 13 MS . LYONS : It goes just to -- there 14 is a subdivision here . It goes just to -- there 15 is -- there is some townhomes here and then an 16 apartment area here and then this is a vacant 17 kind of wooded area, this -- and then there is a 18 single-family home area here that ' s outside . 19 MS . ORR: Well , hopefully -- Well, 20 and that ' s why the law requires everyone get 21 notice, so that you know the city is working on 22 improvements . 23 MS . LEONARD: See , we own an outlot 24 that goes pretty close to where you are talking, Depo Court Reporting Service ( 630 ) 983-0030 28 1 so I don ' t want any trees cut down on my lot 2 unless -- 3 MS . ORR : It ' s your lot . We ' re not 4 going to cut trees down on your lot . You are the 5 owner . 6 MS . LEONARD : Okay . 7 MAYOR PROCHASKA: Your lot would not 8 be in the TIF district . 9 MS . ORR: Right . And even if it 10 were -- 11 MAYOR PROCHASKA: Even if it were, 12 right . 13 MS . ORR: -- I don ' t think the 14 intention of the city is to cut down any trees . 15 MAYOR PROCHASKA: No . 16 MR . GREITER : So TIF district 17 finances its own activity. 18 MS . ORR: Yes . Yes . 19 MR . GREITER : And we are not 20 impacted by the TIF because we are outside the 21 tax district . 22 MS . ORR: Correct . Correct . It 23 impacts the taxing district to a certain degree , 24 but in this case we all agree , something needs to Depo Court Reporting Service ( 630 ) 983-0030 29 1 spur the downtown to be as beautiful as it 2 should, could, would be . 3 MS . LYONS : And on that, the other 4 part of our analysis is really documenting why 5 the market has not invested at a pace that ' s 6 consistent with the rest of the city of 7 Yorkville, other downtowns in the region, so what 8 I ' ll go through now is some of our findings in 9 terms of why it qualifies for a tax increment 10 financing district and then ultimately what ' s 11 considered the but-for finding that you would not 12 reasonably anticipate this area to redevelop 13 without TIF . 14 In other words , you wouldn ' t 15 really anticipate that $9800 of tax increment 16 without this , so in terms of the process , it ' s 17 the eligibility analysis and then the financing 18 aspect comes next . 19 We found it to be eligible as a 20 conservation area . What that means in the TIF 21 Act is that there ' s been a lack of growth and 22 development and private investment, and the types 23 of factors that we found to be present are 24 consistent with those that are identified in the Depo Court Reporting Service ( 630 ) 983-0030 I 30 1 Illinois State statute for a TIF area, and that 2 includes things like vacancies , deterioration of 3 properties and site improvements , a declining or 4 lagging equalized assessed valuation for the 5 district as a whole, long-term issues regarding 6 community planning . 7 For older communities like 8 Yorkville where your downtowns developed on a 9 parcel-by-parcel basis and are the oldest areas 10 of the community, they oftentimes developed prior 11 to what we know today as comprehensive planning 12 development guidelines , zoning regulations , so 13 there are lots of consequences associated with 14 the land use, the way that there is platting, the 15 block formations of the downtown, that make it 16 very difficult for the contemporary investor or 17 market for retail uses within the downtown to 18 locate there without dealing with some of these 19 issues , some of the grade changes in the 20 properties, the railroad certainly, it presents 21 problems for redevelopment or reuse of some of 22 the properties , and the land use relationships of 23 some industrial uses next to or in proximity to 24 residential uses . Depo Court Reporting Service ( 630 ) 983-0030 31 1 These are all the types of 2 things that we have identified and documented in 3 our eligibility study as supporting the case for 4 a conservation area . 5 The redevelopment plan we found 6 to be consistent with the Comprehensive Plan, so, 7 you know, the goals for this TIF district are 8 consistent with all the other development 9 guidelines that have already been well 10 established through your legislative processes 11 here in the city of Yorkville, your zoning 12 ordinance , your comprehensive plan, your vision 13 plan , and only the parcels it will substantially 14 benefit are included in this district . 15 We also did an analysis of 16 housing impact . This is something that the TIF 17 law requires . There are approximately 143 units 18 of housing within this district , and it ' s 19 primarily -- there are some single-family, but 20 it ' s primarily multi-family housing within the 21 district , and if the redevelopment plan and the 22 vision plan were to be fully realized, it ' s 23 possible that some residential uses may be 24 subject to change over the course of the 23 years Depo Court Reporting Service ( 630 ) 983-0030 32 1 of the term of the TIF . 2 The overall strategies and 3 policies for the TIF district is to stabilize and 4 reverse the lagging trends in property 5 valuations , that this area is growing at a pace 6 and a rate that ' s more consistent with the city ' s 7 valuation as a whole , improve the public 8 infrastructure , including parking and riverfront 9 areas , rehabilitation of existing properties . 10 There are certainly several 11 historic assets within the downtown; some of them 12 have already had some investment , particularly 13 along Bridge Street , but there are others that 14 certainly could benefit from perhaps some 15 incentives and dollars dedicated to a 16 rehabilitation or facade improvement program. 17 Certainly updating obsolete 18 sites so that the contemporary marketplace will 19 invest in redevelopment and new uses within the 20 downtown . 21 Ideally, the whole engine of 22 TIF is to return vacant and underutilized sites 23 to more productive and taxable properties so that 24 they are contributing at the same level that Depo Court Reporting Service ( 630 ) 983-0030 33 1 those of you who have well-kept and cared for and 2 occupied homes or properties are contributing to 3 the tax base of this area . You are looking to 4 stimulate private investment . 5 No eminent domain is identified 6 for this district . The only potential exception 7 would be if there were some extreme life safety 8 situation . 9 It ' s also a policy to 10 coordinate with the taxing districts . As Kathy 11 said, we met with the taxing districts and have 12 identified in the redevelopment plan provisions 13 to provide for any impacts that may occur as a 14 result of the implementation of the redevelopment 15 plan . And there are provisions for that within 16 the TIF plan . 17 The total redevelopment project 18 that ' s been identified for this district over the 19 20 -- the potential 23-year term calls for a 20 potential expenditure of 37 million dollars , and 21 this is over a 23-year term. 22 But this is based on 23 assumptions that private investment is attracted 24 to this area as a result of public improvements Depo Court Reporting Service ( 630 ) 9B3-0030 34 1 that the city may undertake and the other types 2 of redevelopment activities that the TIF plan 3 calls for, and those types of investments would 4 be primarily in public improvements and site 5 preparation and rehabilitation projects . That 6 makes up about 95 percent of the budget on those 7 types of activities . 8 And, again, the master plan or 9 your vision plan that ' s called for here 10 identifies how that new revenue may be generated 11 as a result of redevelopment , and it identifies 12 several opportunities for mixed use , buildings to 13 be built , condominiums , townhomes . 14 A total of approximately 360 15 housing units could be realized within this 16 district over the long-term, and through the 17 course of redevelopment of underutilized 18 properties , such as the former FS site here, for 19 new condominium or mixed uses would really 20 jumpstart the revenue potential for this TIF 21 district . 22 So with that , we ' ve talked 23 about the eligibility findings , as well as the 24 primary components of the redevelopment plan, Depo Court Reporting Service ( 630 ) 983-0030 35 1 which is the land use goals and objectives , the 2 redevelopment objectives and expenditures and the 3 TIF budget . I 4 If you have questions , I think 5 Kathy or I will entertain them, as well as 6 Council . 7 MAYOR PROCHASKA: With that, hang on 8 a second . One at a time . We ' re going to ask 9 that you come forward, state your name at the 10 podium, and go ahead and address your question, 11 please . 12 MR. GRONER: Richard Groner . 13 MAYOR PROCHASKA: Please come 14 forward, sir . 15 WHEREUPON : 16 RICHARD GRONER, 17 testified before the Yorkville City Council as 18 follows : 19 MR. GRONER: Yes . Richard Groner . 20 MAYOR PROCHASKA: Please come 21 forward, sir . 22 MR. GRONER: You are painting a 23 pretty rainbow picture and been over the top of 24 my head, but what happens if the market goes Depo Court Reporting Service ( 630 ) 983-0030 36 1 sour? Have you ever considered that , if the 2 market goes sour? 3 MS . ORR : If the market goes sour, 4 we ' ve done a lot of planning that we can ' t 5 execute . That ' s the worse case scenario . 6 Because if the market goes sour 7 so that there are no increases in revenues 8 because no development has occurred, we ' re all 9 very sad, but I think the city still should be 10 applauded for attempting to do what -- and 11 utilize what tools are available today . 12 MR. GRONER: ( inaudible ) . 13 MAYOR PROCHASKA: Well , then that ' s 14 something we ' ll have to work with . Yes . Anyone 15 else? Yes , sir . 16 MR . CROWE : My name is Mike Crowe . 17 Okay . You know, you ' re asking us to look at this 18 picture . Okay . You look at the picture, that ' s 19 all fine and dandy, there ain ' t no bypass , there 20 ain ' t nothing for kids , okay? 21 We went through this once 22 before when we done the field out by the river, 23 supposed to be for the festivals and stuff like 24 that . Well , now it ' s not even used . All the Depo Court Reporting Service ( 630 ) 983-0030 37 1 taxpayers in the town is out money and everything 2 to do that . It was supposed to benefit 3 everybody. 4 Well, now we have our fairs and 5 stuff at the school grounds up here , so it ' s not 6 getting used for what it was built for . 7 So we ' re not doing anything for 8 the kids , so why would we want to keep building 9 more of this stuff? There ain ' t nothing on here 10 to benefit any of the kids now . 11 We are building all these new 12 homes , everything else, in the town, it ' s getting 13 outrageous . You can ' t get through town . Kids 14 ain ' t got nowhere to go but in the middle of the 15 street . 16 MAYOR PROCHASKA: Did you look at 17 the plan? Did you see where it calls for a 18 possible community center is one of the 19 possibilities? That ' s where you put activities 20 for children . We ' ve talked about a possible 21 senior center . 22 There is different ideas that 23 are -- opportunities are there, as well as 24 expansion of the parks and use of that land, so, Depo Court Reporting Service ( 630 ) 983-0030 38 1 I mean, it ' s in the plan . 2 MR . CROWE : Okay . Then where does 3 kids go ride bikes on there? I don ' t see nothing 4 like that on that plan . 5 MAYOR PROCHASKA: Actually in the 6 original downtown plan, which this would be an 7 extension of , the park there, if you note they 8 started building a bike trail along the park and 9 that would be a continuation of this , along the 10 river , and ultimately we are still trying to work 11 with the county and other bodies because 12 obviously the only thing we can build is to the 13 edge of the city limits , and that ' s one of the 14 things that we ' ve looked at doing . 15 There has been discussion, 16 Dave, I know you are newer here, but I know that 17 discussion has happened with the Forest Preserve 18 District, there ' s been discussion with the county 19 for expanding and extending bike trails . 20 That , you know, could be 21 located in this area, too . And actually there 22 already is the extension of some of those in the 23 plan . Okay. Sir . 24 WHEREUPON : Depo Court Reporting Service ( 630 ) 983-0030 39 1 DAVE GREITER, 2 testified before the Yorkville City Council as 3 follows : 4 MR . GREITER : Dave Greiter . Again, 5 I am still puzzled as to what the incentive is 6 for investment within the TIF districts . 7 Is there a tax benefit for 8 those who do the investing? I 'm suspicious . g MS . ORR: And it ' s government , and I 10 am a lawyer, so for sure you are suspicious . 11 MR. GREITER: I didn ' t know that, 12 so -- 13 MS . ORR: Well, now I better sit 14 down because there is nothing I can say, but it ' s 15 true, and I am used to it . 16 The issues are -- Let ' s go back 17 to my $9800 . I ' ll tell you again . It goes into 18 the kitty and it ' s held by the city . 19 The city has certain powers 20 through the TIF Act and it could say, you know, 21 what? Joe Blow or Joe Bag of Doughnuts -- which 22 is another phrase I use -- you know this parcel 23 that you have here? It ' s really crucial -- or 24 any one who has a parcel of property along the Depo Court Reporting Service ( 630 ) 983-0030 40 1 river, we are prepared to loan Kathy ' s $ 9800 to 2 you for a facade improvement at zero interest . 3 We are able to take that money 4 with the pool -- and that ' s why that ' s supposedly 5 my expertise -- it ' s a very fine line of what you 6 can use it for . 7 Okay . Another example, you 8 take the $ 9800 , you can improve the 9 infrastructure because maybe water, sanitary 10 sewer mains need to be improved, maybe streets , 11 curbs , gutters need to be improved in a certain 12 area , and that it enhances the neighborhood and 13 spurs people to invest in improvements on their 14 own in the property . 15 But the pool of money can be 16 utilized under many different programs to spur 17 rehab of structures within . 18 So then the rehab you are 19 building, you borrow money from the city, from 20 the pool , you rehab the building, then your taxes 21 go up . 22 Now you pay $9800 more and my 23 second year I am paying $ 9800 more . Now we have 24 forget it, I can ' t . Depo Court Reporting Service ( 630 ) 983-0030 41 1 Okay. Now you have twice the 2 pool and now we can lend some to someone else or 3 complete another structure . 4 MR. GREITER: The availability of 5 tax free loans would be an incentive to -- 6 MS . ORR: Possibly. There are 7 different programs to talk about . 8 MR. GREITER: That ' s always in the 9 details . 10 MS . ORR: Right . To talk -- now I 11 have talked out of turn . To talk about the 12 potential programs we are getting two, three 13 steps ahead. 14 The City Council first has to 15 consider and hear your comments . They have heard 16 the comments from the taxing districts . They 17 need to hear your comments . 18 The one thing we want to stress 19 is TIF does not increase your taxes unless you 20 improve your property . Okay? It does not 21 increase your taxes unless you improve your 22 property. 23 And the tax increase 24 improvement is pooled to undertake many different Depo Court Reporting Service ( 630 ) 983-0030 42 1 programs , programs -- the only way the vacant 2 lots are going to be developed is if the city 3 says , all right , your incentive if you develop it 4 today in this way and make it purple because my 5 scheme is purple and you do it just the way I 6 want it in accordance with my concept plan, I ' ll 7 pay for your sewer hook-up out of the pool of 8 money, and the developer or the owner says , okay, 9 now I can ' t refuse . The area is going up, it ' s 10 improving, and I can save a buck or two with the 11 city ' s incentive . And that ' s how it operates . 12 So they can use the various 13 incentives and various agreements . But I am a 14 step ahead, but that is the answer to your 15 question . Now it ' s beginning . 16 MR . GREITER: As a homeowner my 17 taxes aren ' t going to go up to subsidize this ? 18 MS . ORR: No . No . Unless you put 19 the extension on your house or the addition . 20 MR . GREITER : But that ' s with 21 everything . 22 MS . ORR: Exactly. 23 MAYOR PROCHASKA: What I was going 24 to say, in this particular case , too, with what Depo Court Reporting Service ( 630 ) 983-0030 I 43 1 we are looking at is there are public 2 improvements that we are looking at such as bike 3 trails , sidewalks, streetscape upgrades , some of 4 those things along the way that we ' ll work with 5 developers to perhaps have them do upfront and 6 then they will be reimbursed for doing some of 7 the public infrastructure to help upgrade the B city, which will then encourage the next property 9 hopefully to redevelop . 10 And that ' s the theory behind 11 it, is to use it in such a way as to encourage 12 the redevelopment of the properties , thereby 13 increasing the overall tax base in the area . 14 So as a homeowner that ' s not in 15 the TIF, we would not be looking at using dollars 16 from outside the TIF to generate for the TIF 17 district itself . 18 We are looking at the dollars 19 to come from within as redevelopment happens in 20 that area . 21 MR . GREITER: Thank you . 22 MAYOR PROCHASKA: Okay. Next 23 gentleman . I ' m sorry, there is a gentleman 24 behind you that ' s had his hand up for a while . Depo Court Reporting Service ( 630 ) 983-0030 44 1 Sir . 2 MR. GREITER : Dave Greiter . 3 February 13th or something you had a meeting here 4 and you assured us -- or condemnation and now 5 we ' ve got a footnote about the government and I 6 don ' t see anything about condemnation . 7 MS . ORR : Okay . Let me tell you a what she said. 9 MR. GREITER : No, that was you . 10 MS . ORR : I ' ll say it again, too . 11 No eminent domain or condemnation except -- 12 MR . GREITER : You didn ' t say that at 13 the last meeting . 14 MS . ORR : No, no , no . What she 15 said -- 16 MR. GREITER : You are a lawyer . 17 MS . ORR : Why did I tell them? 16 Okay . Now forget about the TIF. Just forget it . 19 It never happened . And your house is in shambles 20 and I ' ve got to condemn it because you ' re going 21 to cause a fire . That ' s what we ' re talking 22 about . A TIF -- Sorry about that . 23 The point is no, the TIF will 24 not -- and there is a commitment and it ' s written Depo Court Reporting Service ( 630 ) 983-0030 I 45 1 in the redevelopment plan. 2 There is a commitment by this 3 city that there will be no condemnation, no 4 eminent domain, other than what they would do to 5 protect your property from properties that may be 6 abandoned, burned down, left half standing . That 7 is the exception and the only exception . 8 MAYOR PROCHASKA: And I think I 9 would go one step further. The only way it would 10 work is when I look at it, it says except for 11 life safety issues . 12 Life safety to me means that if 13 it doesn ' t happen, someone will die . 14 MR. GREITER: I just meant if I am 15 misreading it or there is something else added. 16 MS . ORR: No, there is nothing 17 added. 18 MAYOR PROCHASKA: No, it ' s not 19 added . 20 MS . ORR: This is a power of the 21 city with the TIF, without the TIF, and thank God 22 it is because if the house next to you burns down 23 and is left partially standing, you want it 24 condemned, and so do I , you know. Depo Court Reporting Service ( 630 ) 983-0030 46 1 MR. GREITER: Okay . I understand 2 this $ 9 , 800 taxes that we pay and it ' s spiffing 3 up the downtown and you have all these outside 4 businesses coming in that are interested now that 5 the buildings are all nice . 6 The plans are all nice and 7 that , but on my building , it shows a restaurant . 8 I can ' t cook . 9 MS . ORR : Well , we ' re not going to 10 do eminent domain . 11 MR . GREITER: What are you going to 12 do with existing businesses? Have you given any 13 plans to where they ' re going to go? Are you 14 going to throw them under the bus? 15 MS . ORR: No . 16 MAYOR PROCHASKA: Your business is 17 there as long as you want it there . That is the 18 plan . 19 MS . ORR : Correct . Correct . That 20 is the plan . And it says that . There is nothing 21 in this plan that requires anyone to change what 22 they are doing . 23 It is an opportunity to do that 24 should you decide , or should you decide to make Depo Court Reporting Service ( 630 ) 983-0030 47 1 an agreement with someone, there is a plan for 2 them to come and look at to see what 3 opportunities may involve . 4 And the bottom line is if you 5 should sell your property, it may not be a 6 restaurant . This is an idea . It is a plan from 7 which to work from. And I fully expect that the 8 buildings aren ' t going to look like exactly 9 what ' s on that plan. 10 It ' s a planning document to 11 give people an idea of what can go into the area . 12 That ' s what we have to do . Okay? 13 MAYOR PROCHASKA: I saw a hand over 14 here . Yes , ma ' am. 15 MS . ROATE : Rebecca Roate . I have 16 two questions . 17 MAYOR PROCHASKA: Okay . 18 WHEREUPON : 19 REBECCA ROATE, 20 testified before the Yorkville City Council as 21 follows : 22 MS . ROATE : First question is my 23 house is a park . 24 MAYOR PROCHASKA: Okay. Depo Court Reporting Service ( 630 ) 983-0030 48 1 MS . ROATE : When you guys or whoever 2 buys up my -- apparently it ' s going to be the 3 city because it ' s all trees now, do you guys -- 4 will you pay off -- I mean, I will get the money 5 so I can pay off my mortgage and move? And how 6 long would you give us to do this? 7 MS . ORR : There is no plan to 8 condemn or take your property by eminent domain . 9 Now -- 10 MS . ROATE : But I ' m saying if you 11 buy my property -- 12 MS . ORR : No . If you are offered to 13 sell your property . 14 MAYOR PROCHASKA: You have to agree 15 to sell the city the property . You have to agree 16 to sell it . 17 MS . ORR : It would be just like if 18 you sold it with a TIF if you sold it to me or 19 any other person or entity . No different . 20 Because the city not going to force you to sell 21 or do eminent domain . It ' s going to be 23 years . 22 So ten years from now, you want 23 to sell it . Maybe the city would buy it if the 24 pool was enough and it was really, really -- the Depo Court Reporting Service ( 630 ) 983-0030 49 1 area was ready for a park. 2 MS . ROATE : So, in other words, 3 where this little park area is -- 4 MS . ORR: It ' s a concept . 5 MS . ROATE : -- if I want to keep my 6 house -- 7 MS . ORR: You keep it as long as you 8 want . You keep it unless it burns down so it ' s a 9 health safety standard. 10 MS . ROATE: Don ' t jinx it . 11 MAYOR PROCHASKA: Okay . Is there -- 12 Yes , sir . 13 MR . BITTERMAN : Arnie Bitterman . 14 MAYOR PROCHASKA: Would you say your 15 name again a lit bit louder, please? 16 WHEREUPON : 17 ARNIE BITTERMAN, 18 testified before the Yorkville City Council as 19 follows : 20 MR . BITTERMAN : Arnie Bitterman . 21 MAYOR PROCHASKA: Bitterman . Thank 22 you, sir . 23 MR. BITTERMAN : I would like to 24 know, Madame Orr, who pays for the impact studies Depo Court Reporting Service ( 630 ) 983-0030 50 1 and who pays for all the planning, and is it a 2 flat fee or is it a percentage? 3 MS . ORR : It ' s not a percentage . A 4 percentage is against the TIF law . It ' s a flat 5 planning fee . I don ' t know what it is . 6 The TIF pool of money can 7 reimburse the city so that the general taxpayer 8 ultimately has -- some TIF can be reimbursed out 9 of the TIF funds so that the planning first comes 10 out of it before there are any incentives . 11 That ' s permitted by law . 12 MR. BITTERMAN : What ' s before there 13 is any incentives? That ' s depends on the actions 14 of City Council ? And what kind of numbers are we 15 looking at for those plans? 16 MS . ORR : I have -- I do not have 17 that . 18 MAYOR PROCHASKA: I don ' t know what 19 the -- John, do we have -- Do we know what that 20 is exactly or about? 21 MR . CROIS : I ' d be -- that was 22 written down before, so I ' m not sure what the 23 contract was before . 24 MS . LYONS : Are you talking about Depo Court Reporting Service ( 630 ) 983-0030 51 1 future -- 2 MAYOR PROCHASKA: No, what 3 currently -- What was the contract with you guys ? 4 MS . LYONS : With us? 5 MAYOR PROCHASKA: Yes . 6 MS . LYONS : $40 , 000. 7 MAYOR PROCHASKA: $40, 000 was their 3 contract . 9 MR . BITTERMAN : All right . Then 10 40 , 000 on a home to start , right? Thank you . 11 MAYOR PROCHASKA: Thank you . 12 MS . ORR: And I will make a comment . 13 Working with city councils all over the state , 14 there is one thing -- and I understand the 15 $40 , 000 issue . I really do . I own a home and I 16 pay taxes and I have two kids and all of those 17 things . Ig There is one thing, one 19 principle, that is across this state, and that is 20 doing nothing is wrong, more wrong, than spending 21 a few bucks . 22 And I understand because you 23 are paying for it as a taxpayer if it doesn ' t go 24 forward, I am, too, and there is a TIF in a town Depo Court Reporting Service ( 630 ) 983-0030 52 1 I live in, but if we do nothing, where are we 2 going to be? 3 Lisa already stated that this 4 area -- the assessed value of this area has not 5 kept pace with the assessed value of the general 6 area , so if you own a home in this area and you 7 go to sell it, because it hasn ' t kept pace , you 8 can ' t buy a comparable home outside the area . 9 And for me it would be a 10 retirement home , for someone else a growing 11 family . 12 And that is something we can ' t 13 ignore because the way we ' ve kept pace so far is 14 when our houses got too small , they increased in 15 value , gave us the down payment to buy the other 16 house . That ' s the American way . 17 And if you have an area that ' s 18 a conservation area and that isn ' t happening, it 19 can hurt you no matter what stage of life you are 20 when you go to sell your property and the 21 increase in value has not kept pace with all the 22 properties in the community . 23 MAYOR PROCHASKA: Sir, you had your 24 hand up . Depo Court Reporting Service ( 630 ) 983-0030 53 1 MR. JOHNSON : Yeah . Thanks . I just 2 have on -- 3 MAYOR PROCHASKA: Could you state 4 your name, please? 5 MR. JOHNSON : Cory Johnson . 6 MAYOR PROCHASKA: Thank you, Cory. 7 WHEREUPON : 8 CORY JOHNSON, 9 testified before the Yorkville City Council as 10 follows : 11 MR. JOHNSON : Just real quick . The 12 City of Chicago, they had the neighborhood 13 investment funds within the TIF districts . Is 14 that proposed for this TIF district, where 15 someone could rehab their own home? 16 MS . ORR: The actual programs for 17 rehab -- I said I jumped ahead -- have not been 18 established because this City Council cannot even 19 consider that in the TIF until its next City 20 Council meetings and hear all your comments , but 21 the programs have not specifically been 22 established . 23 MAYOR PROCHASKA: And those are 24 things -- Depo Court Reporting Service ( 630 ) 983-0030 54 1 MS . ORR : I have to tell you, 2 though, I am very familiar, as is Lisa , with the 3 City of Chicago programs , and they are a real 4 plague to us regular communities . 5 The City of Chicago has more 6 money -- Somebody just came up to me and said 7 what could we do that the City of Chicago does , 8 and they got $5 , 000 , 000 job pool , so that the 9 businesses in this can borrow off the $5 , 000 , 000 . 10 God, wouldn ' t it be nice? It doesn ' t happen to 11 the rest of us . City of Chicago is different . 12 MR. JOHNSON : ( inaudible) . 13 MS . ORR : Well , yeah . I am the same 14 way . 15 MR. JOHNSON : And I want to thank 16 you for calling me back when I wrote a letter . 17 This isn ' t the actual public comment session, is 18 it ? 19 MAYOR PROCHASKA: Yes, sir . 20 MS . ORR : Not in the village , just 21 on the TIF. 22 MAYOR PROCHASKA: Right , just on the 23 TIF issue . 24 MR . JOHNSON : I did want to review a Depo Court Reporting Service ( 630 ) 983-0030 55 1 few things that I wrote you . 2 MAYOR PROCHASKA: Yes , yes . 3 MR . JOHNSON : I ' d like to see 4 community benefits negotiated into the community 5 development center, and also that we are seeing 6 good paying jobs , community agreements , so that 7 we are seeing good paying jobs in return for our 8 tax dollars . I think this is critical to the 9 survival of our community, you know. 10 If we ' re going to give you some 11 of our tax dollars , you need to create good 12 living wage jobs , you know. I think that would 13 be great . 14 Property tax abatements are one 15 of the largest subsidies that companies receive , 16 and they are devastating to the local schools . 17 MS . ORR: This is not -- TIF is 18 never a property tax abatement . 19 MR . JOHNSON : It is not an 20 abatement , but it is a recapture, we know that . 21 MAYOR PROCHASKA: But there is also 22 things in the law that specifically deals with 23 schools, when there is impact to a school by 24 housing . Depo Court Reporting Service ( 630 ) 983-0030 56 1 In fact, I made a point to 2 highlight it here . I can read it to you here in 3 a minute . Why don ' t you go ahead and finish? 4 MR. JOHNSON : We also know that the 5 Yorkville District 115 has been not very good at 6 standing up for what they have coming to them . 7 They just decide to keep asking us for another 8 referendum. 9 I ' d like to see disclosure 10 provisions . I think obviously disclosure 11 provisions on a TIF, you have to send something 12 to the comptroller ' s office annually, but there 13 is no enforcement on that . There is no penalty 14 for that . I ' d like to see if we could make sure 15 that that is adhered to . 16 MS . ORR : It will be . It has been . 17 MR . JOHNSON : There is a lot . 18 MS . ORR: Yorkville is one of the 19 A-plus communities . That ' s there . It ' s there . 20 You can get a copy of it or you can register with 21 the city clerk and have it sent to you on a named 22 basis . 23 MR. JOHNSON : Well , also disclosure 24 requirements from the city should enact and Depo Court Reporting Service ( 630 ) 983-0030 i 57 1 enforce money back guarantees on a TIF subsidy, 2 sometimes these are called recapture provisions , 3 and they would be called in the subsidy law and 4 within the subsidy law to require a company to 5 return all or part of the subsidy if the company 6 failed to meet the obligations agreed to . 7 MAYOR PROCHASKA: Yep . 8 MR. JOHNSON: I think that would 9 be -- 10 MAYOR PROCHASKA: And actually we 11 have worked with that on the Countryside . We are 12 understanding those things . 13 MR. JOHNSON : Also, since Yorkville 14 is not a Home Rule Community, we can ' t put a 15 valuation ordinance into all our TIF stuff 16 because the TIF law comes in. 17 I ' d certainly like to see all 18 the stuff and work done with our tax dollars . 19 MAYOR PROCHASKA: Okay. And just to 20 give you a little -- I am going to read here from 21 the TIF document because this is one of the 22 things that I know is a question from people 23 dealing especially with the school district, and 24 as you read through it, it ' s talking about how Depo Court Reporting Service ( 630 ) 983-0030 58 1 the act deals with schools , and it says , 2 "Furthermore, the act provides a method for 3 reimbursing school districts for any increase in 4 annual costs to a school district attributable to 5 housing units located within the project area for 6 which a developer or redeveloper receives 7 financial assistance through an agreement with 8 the municipality or because the municipality 9 incurs the cost of necessary infrastructure 10 improvements . " 11 So, therefore, what that means 12 in plain language is that if somebody comes to us 13 and uses the TIF dollars to redevelop, and by 14 doing so they create something that does impact 15 the schools , the schools have an opportunity to 16 come to us and say, you know, our costs have 17 increased by X number of dollars because of this 18 and they would be covered by this . Okay? Am I 19 saying anything wrong? 20 MS . ORR : No . And libraries , too . 21 MAYOR PROCHASKA: Our library is the 22 city library, so it ' s within our -- Okay? 23 MR. JOHNSON : Okay . 24 MAYOR PROCHASKA: Okay . Anyone Depo Court Reporting Service ( 630 ) 983-0030 59 1 else? 2 WHEREUPON : 3 DAN NICHOLSON, 4 testified before the Yorkville City Council as 5 follows : 6 MR. NICHOLSON : I agree with what 7 you had to say in regard to the programs ; in 8 fact, I think you should consider these programs 9 and how this money is going to be spent first so 10 that the people know in advance how their tax 11 dollars are going to be spent on these projects 12 rather than creating a bottom line, then devising 13 a way of how it ' s spent . 14 I think that was getting a 15 little bit of the cart ahead of the horse . When 16 we know where we are going, I think we have a lot 17 better feelings as citizens when we know what IS this is going towards . 19 I ' ve got a handful of questions 20 here, so I ' m going to jump around just a little 21 bit . 22 Your map up there is actually 23 the TIF district and the map in here is actually 24 the downtown vision plan, correct? Depo Court Reporting Service ( 630 ) 983-0030 60 1 MAYOR PROCHASKA: Yes . 2 MR. NICHOLSON : They are not 3 synonymous . 4 MAYOR PROCHASKA: That ' s what she 5 said. 6 MS . ORR: That ' s correct . 7 MR . NICHOLSON : Okay . I wanted to 8 make sure I understood that correctly . The city 9 also then determines who gets to spend -- or the 10 city loan spends this money and determines who 11 gets it on a case-by-case basis as it ' s currently 12 laid out? 13 MAYOR PROCHASKA: Based on meeting 14 criteria that ' s specifically detailed in here . 15 It ' s not just -- 16 MR . NICHOLSON : So someone can ' t say 17 well , the criteria is for this type of land or 18 whatever, they come in with a project and for 19 whatever reason the city could actually decline 20 to reimburse that cost, is that not correct? Not 21 that it would, I ' m just saying it could . 22 MAYOR PROCHASKA: I suppose that 23 could happen . 24 MR . NICHOLSON : It could do Depo Court Reporting Service ( 630 ) 983-0030 61 1 potentially that . So all these moneys , I just 2 figured it out, is solely at the behest of the 3 city and how they want to spend the money, 4 whether on one project and not on another, and I 5 think it ' s kind of suspicious . 6 Clarity, make it uniform, so 7 that when people come in to develop properties , 8 if they' re going to have a plan, that ' s a part 9 that they know they can get . 10 When it comes down to it, 11 simply it ' s negotiation, and then depending on 12 the size of your project, maybe we ' ll give you 13 more money, maybe we ' ll give you less, would make 14 it a lot harder from a developer ' s standpoint . 15 MAYOR PROCHASKA: So are you talking 16 about having maybe a set percentage or whatever 17 for specific items that someone would bring 18 forward that would -- 19 MR. NICHOLSON : Absolutely. You 20 know, somebody could -- as a for instance, their 21 contribution to the TIF is going to be the 22 proverbial $9800, but they might receive benefit 23 from the TIF in excess of that $ 9800 , so their 24 contribution is going to be 98 , but their cost to Depo Court Reporting Service ( 630 ) 983-0030 62 1 the TIF can be greater . 2 Also, if I understand this 3 correctly, the City Council will spend the money, 4 for instance , acquisition of the gold coast 5 offices or as properties come up, if the city 6 wants to buy those properties , the city can take 7 the money from the TIF and buy those properties 8 with the money from the TIP. Is that a correct 9 statement? 10 MAYOR PROCHASKA: I believe we can, 11 can we? 12 MS . ORR : Yes . 13 MR . NICHOLSON : That was -- That was 14 what I anticipated . So there is potential that 15 the money that is generated and not -- again , not 16 trying to cast aspersions , but merely for 17 clarity, it has the potential , the moneys that 18 are generated from this TIF district could be 19 consumed by the city on various projects in 20 downtown and not have any money left for 21 development . I ' m not saying -- 22 MAYOR PROCHASKA: Well , I think -- 23 MR. NICHOLSON : -- they would, but 24 that is a potential possibly, without having any Depo Court Reporting Service ( 630 ) 983-0030 63 1 so-called safeguards . 2 MAYOR PROCHASKA: Well , for that you 3 are wrong because I believe that the TIF still 4 says that anything we do has to be for the 5 purpose of benefiting the TIF area, and 6 increasing the value and encouraging 7 redevelopment . 8 MR. NICHOLSON : Right . 9 MAYOR PROCHASKA: So for the city 10 just to buy a bunch of land and sit on it -- 11 MR. NICHOLSON : Well, no . 12 MAYOR PROCHASKA: But that ' s what 13 you are saying . That cannot happen . There would 14 have to be a reason for it and a way that we 15 would do it . 16 For example, if you were going 17 to extend the Riverwalk or we ' re going to repave 18 Hydraulic and put curbs and gutters on both sides 19 for the development as it goes along or Van Emmon 20 or any of the streets in that area, sewer, water, 21 to help in the redevelopment of those areas , 22 those things could be covered, but we do have to 23 tie them back to the fact that they are for the 24 purpose of helping redevelopment . Depo Court Reporting Service ( 630 ) 983-0030 64 1 MR . NICHOLSON : Right , right . It ' s 2 not just a wide open, anything-you-want . I 3 understand . 4 MAYOR PROCHASKA: Right . Okay. 5 MR. NICHOLSON : My only point is 6 that potentially those moneys can be used and not 7 be available initially for development . 8 I understand as you do certain 9 things they will increase tax values , which helps 10 to fund the TIF. 11 MAYOR PROCHASKA: Well , I would 12 argue that as of right now the funds , as someone 13 comes forward to develop, to create the 14 development , to actually start creating the 15 funds , they ' re going to want to work with us to 16 get something done to get their development 17 started . There are no dollars . 18 MR . NICHOLSON : Right . 19 MAYOR PROCHASKA: There are no 20 dollars until development happens , so -- 21 MR. NICHOLSON : So this is not being 22 bonded -- 23 MAYOR PROCHASKA: Right . 24 MR . NICHOLSON : This is funded Depo Court Reporting Service ( 630 ) 983-0030 65 1 strictly off the revenue . 2 MAYOR PROCHASKA: Currently there 3 are no bonds . Currently we are looking at it 4 that way. 5 Now, could there be some bonds 6 at some point? Yeah . But that would require all 7 the meetings and things to go with that, too . 8 At this point we are looking at 9 development happening, spurring the development 10 to move forward. 11 MR. NICHOLSON : It would seem to 12 make sense you would also almost want to get a 13 bonding availability for this and use the TIF 14 funds to repay the bonds to give you some cash on 15 this, wouldn ' t it? 16 MAYOR PROCHASKA: Well, I would like 17 to think that we are a little conservative, and 18 as Mr . Groner put it, what happens if the bottom 19 falls out . 20 I don ' t want to be sitting 21 there with a $10 , 000, 000 bond and then TIF 22 doesn ' t happen because of some economic thing, so 23 there ' s going to be a way of working with the 24 developers to get that to happen. Depo Court Reporting Service ( 630 ) 983-0030 66 1 MR. NICHOLSON : But in effect what 2 can also happen, though, is that as the moneys 3 are coming in, they ' re also being spent back out , 4 then never creates a pool of money as such in the 5 TIF, because it is always back out in circulation 6 so to speak, and I understand the premise is 7 we ' re going to get it back. 8 MAYOR PROCHASKA: You are making a 9 lot of assumptions that we don ' t know . First of 10 all , I would never suggest that there would never 11 be a pool . I would suggest there probably would 12 be , but , again, you are like ten steps now . 13 MAYOR PROCHASKA: The potential is 14 for that to be depleted is what I ' m saying . 15 Potential for it to be depleted . 16 The only other comment I was 17 going to make , kind of dovetail on what Dave said 18 here , the life safety issue . 19 I ' d like to see some 20 clarification within -- and, again, just for 21 clarity, I ' m not trying to cast aspersions , when 22 somebody says hey, gee , your building is an 23 issue -- for instance, the elevator next door to 24 me . Depo Court Reporting Service ( 630 ) 983-0030 67 1 They would then have the option 2 if they remove the elevator and tear it down 3 under their own pretense and retain the property, 4 but they ' re also being pushed against from the 5 standpoint that the city can come in and say this 6 is a safety issue and so if you don ' t, we will . 7 Is that a correct statement? 8 MS . ORR: I don ' t understand. 9 MAYOR PROCHASKA: I believe that the 10 thing of it is that the city would have to show 11 just cause just as we would now. 12 We already have that right to 13 do anyway, again, for the safety and welfare to 14 the citizens of Yorkville, but there has to -- 15 the city has to show just cause that it is a life 16 safety issue, which is not the same thing as 17 taking someone ' s property so that we can turn it 18 over to someone else to build a building on . 19 MR. JAMES : Isn ' t that independent 20 of the TIF? 21 MAYOR PROCHASKA: Right . 22 MR. NICHOLSON : Just for an issue of 23 clarity and spell that out and say one, it only 24 applies to structures -- Depo Court Reporting Service ( 630 ) 983-0030 68 1 MS . ORR : There is nothing to spell 2 out . The law with regard to building code 3 violations and danger of a building proceeds 4 within the TIF just as it would without a TIF, so 5 that if you have a broken window, the city has a 6 right to give you a citation . 7 If you don ' t fix it so that the 8 wind comes in and blows off the roof , the city 9 has a right to say that ' s it , this is a danger, 10 it ' s coming down . 11 And that ' s a life safety, and 12 that pertains -- as an example, take down your 13 elevator, if it leaves a building that can hurt 14 its neighbor, it ' s gone whether it ' s in the TIF 15 or not in the TIF . 16 And that ' s where the clarity of 17 the law gives me the exception because that ' s a 18 legal exception, it ' s not an exception that is 19 necessarily attributable to the TIF . 20 MR. NICHOLSON : My only point is 21 that can be used as a hammer or a lever against 22 somebody -- 23 MS . ORR: That could be used as a 24 hammer or lever to someone in a TIF or out of a Depo Court Reporting Service ( 630 ) 983-0030 i 69 1 TIF . 2 But I have to tell my 3 experience as a lawyer, I know that judges always 4 side on and give the resident the benefit of the 5 doubt because in the United States of America 6 your home is your castle , and so it is only under 7 circumstances where there is zero cooperation 8 from a property owner that a life safety issue 9 comes into condemnation, and that ' s only 35 years 10 of concerns . 11 MR. NICHOLSON : My only point is 12 that condemnation or eminent domain, just 13 dovetailing again off the statute you already 14 adopted, the ordinance that you ' ve adopted, and 15 say for the people that they at least have that 16 opportunity, raze the building, and that ends the 17 issue, and not have fear of having that as a 18 step, procedural step, in the process . 19 MAYOR PROCHASKA: Well , and I guess 20 maybe it can be clarified, but the bottom line is 21 if there is no eminent domain -- and that ' s what 22 we ' re saying, you know, if there is a life safety 23 issue and people could get -- like I say, I look 24 at it if people can be killed, then yeah, we have Depo Court Reporting Service ( 630 ) 983-0030 70 1 a judiciary responsibility to the citizens of 2 Yorkville . 3 That is not the same thing as 4 saying we don ' t like your building, we ' re going 5 to condemn it and we ' re going to take it down, 6 we ' re going to sell it to somebody else . That ' s 7 not happening . It says it specifically . We will 8 not do that . 9 MR. NICHOLSON : My only point is 10 correcting the hazard versus condemnation or 11 eminent domain of a property are two different 12 items and that ' s -- 13 MAYOR PROCHASKA: But that ' s always 14 part of the process . That ' s part of the legal 15 process . 16 The city can ' t come in and say 17 you have a life safety issue, we ' re going to take 18 your building down, without giving you that -- 19 that ' s just standard legalities . The city can ' t 20 do that . 21 You have to -- the city has to 22 give you an opportunity to rectify the issue . 23 That ' s standard law, whether it ' s in a TIF or 24 anywhere else . Depo Court Reporting Service ( 630 ) 983-0030 71 1 MR. NICHOLSON: It ' s just a matter 2 of procedural clarity then . 3 MAYOR PROCHASKA: Well , I guess we 4 can make everything sound like it ' s going to be 5 the worst . We ' ve tried to protect people as best 6 we can here . Yes , sir . 7 UNIDENTIFIED AUDIENCE MEMBER: I 8 understand the eminent domain that you are 9 talking about , I think I heard about it , but I 10 would just like a clarification. 11 Did you say that the eminent 12 domain clause is written into the life of the TIF 13 for 23 years or could it change in the 14 administration or the Council? 15 MS . ORR: Good question . It is 16 written in the plan. Every time there is an 17 amendment to the plan -- that ' s available to you 18 that has been sitting here for you for weeks -- 19 we start the process all over . 20 We have to go through all the 21 notices and the meetings with the taxing 22 districts , with the residents , with public 23 hearing, with the publications , the whole nine 24 yards . Depo Court Reporting Service ( 630 ) 983-0030 72 1 So in this instance, 23 years , 2 no matter who is sitting here . 3 UNIDENTIFIED AUDIENCE MEMBER : My 4 second question, earlier in the meeting it was 5 stated that the purpose of the TIF district is to 6 develop vacant and underutilized sites . 7 I know the word "blight" has 8 been used many times , too . I am just wondering, 9 I live west of 47 in a residential area , and two 10 and a half blocks of that is neither vacant , 11 underutilized or blighted, where . there are other 12 parts of downtown that are . 13 Could the TIF district have 14 been made to keep out some of the residential 15 areas and go after more of the commercial areas? 16 You don ' t have to tell me how I 17 could benefit as a property owner from the TIF . 18 MS . ORR: No, no . I wasn ' t . I was 19 going to tell you ( inaudible) . That ' s more 20 important . 21 UNIDENTIFIED AUDIENCE MEMBER: It 22 seemed to get bigger as this meeting went on . 23 MS . ORR : No . 24 MAYOR PROCHASKA: It ' s pretty much Depo Court Reporting Service ( 630 ) 983-0030 73 1 always been that . 2 UNIDENTIFIED AUDIENCE MEMBER: I ' m 3 curious why we had to include so much of that 4 residential area -- 5 MS . ORR : Do you want to answer 6 that? 7 UNIDENTIFIED AUDIENCE MEMBER: -- in 8 that district from the get-go because it ' s not 9 vacant , underutilized or blighted in our 10 neighborhood . 11 I know it ' s not in some of the 12 neighborhoods . 13 MAYOR PROCHASKA: Let her answer . 14 MS . LYONS : If you could point out 15 on the map where you are talking about . 16 UNIDENTIFIED AUDIENCE MEMBER: It ' s 17 the corner of State and Van Emmon, just west of 18 47 . 19 MAYOR PROCHASKA: Two blocks west of 20 47 . 21 MS . LYONS : Yes . So that is 22 consistent with where the vision plan is an 23 overlay within the TIF, correct? 24 MAYOR PROCHASKA: Right . Right . Depo Court Reporting Service ( 630 ) 983-0030 74 1 MS . LYONS : So that ' s the core 2 district . So your house falls within the vision 3 plan district . 4 UNIDENTIFIED AUDIENCE MEMBER: So it 5 was in the vision plan . 6 MS . LYONS : It went into -- Our 7 evaluation looked at property by property, we 8 looked at site conditions . 9 I did not use the word "blight" 10 throughout the course of my presentation . 11 UNIDENTIFIED AUDIENCE MEMBER : I 12 know, but it ' s been used in this one . 13 MS . LYONS : Right . It ' s a 14 conservation district , which means it is not a 15 blighted district , but there are various 16 conditions and factors present within the 17 district as a whole . 18 The foundation for letting TIF 19 decisions in communities throughout the state is 20 for you to understand that when you face economic 21 conditions your area , your downtown, is in 22 trouble . 23 The long-term viability of it 24 sustaining its value , the ability to contribute Depo Court Reporting Service ( 630 ) 983-0030 75 1 to the tax base in a manner that allows you to 2 make infrastructure improvements at a pace that 3 is needed to sustain it over time is compromised . 4 This is the foundation for looking at this 5 district as a conservation area . 6 So we looked at the vision 7 plan, the opportunities for redevelopment and the 8 way the land use pattern is in place consistent 9 with some of the historic buildings and assets , 10 and then what are the opportunities for potential 11 redevelopment . 12 How would the marketplace look 13 at this over time? How would a developer look at 14 this? What are the key sites that make sense for 15 redevelopment? 16 And that ' s the foundation of 17 the vision plan . Once the vision plan is 18 evaluated as to potential eligibility, we looked 19 at other blocks outside of that to say all right, 20 if you deal with some of these blocks in the 21 vision plan, are there other properties outside 22 ever that may not even be as strong of a 23 redevelopment opportunity as that vision plan 24 core area, could they benefit by being included Depo Court Reporting Service ( 630 ) 983-0030 76 1 in the TIF district so that we could do public 2 improvements that extend beyond just that vision 3 plan core that would make sense for being able to 4 deal with traffic circulation, pedestrian 5 linkages to the neighborhoods . 6 There are some vacant 7 properties , particularly to the east , that would 8 present an opportunity for redevelopment , and, 9 again, create the potential magic pool of funds 10 for the district as whole . 11 So it ' s really looking at it 12 from a planning perspective, a financial 13 perspective , a legal perspective and a market 14 perspective and coming up with as sound of a 15 boundary as we can establish . 16 MAYOR PROCHASKA: Anyone else? 17 (No Response) 18 MAYOR PROCHASKA: Anyone else? 19 (No Response) 20 MAYOR PROCHASKA: Is there any 21 comments from the Council? Mr . James? 22 MR . JAMES : Yeah . We ' ve passed a 23 TIF district before for the Fox Industrial Park, 24 so I ' d like everybody to kind of think back Depo Court Reporting Service ( 630 ) 983-0030 77 1 about , you know, eight to six years ago and 2 remember what Fox Industrial Park looked like . 3 Basically every year we saw the 4 vacancy rate increase approximately I think it 5 was four to five years for those when we passed 6 the TIF for the Fox Industrial Park. 7 We were able to -- did a study, 8 identify what the issue was in that area, that 9 everybody was leaving and nobody was coming back 10 in . 11 From that study and from all 12 the planning and everything, we found out 13 basically that the roads were a major problems, 14 there was no sewer system in there, we basically 15 had to put the sewer system in there, the roads 16 were flooding . 17 We corrected all that , we put 18 lighting in there . Within one year we saw the 19 vacancy rate of that area shoot up, and it ' s 20 pretty close up -- Well, it ' s pretty close -- 21 MS . ORR: Shoot down. Shoot down . 22 MAYOR PROCHASKA: Shoot down . 23 Occupancy shoot up . 24 MR. JAMES : Well, occupancy shoot Depo Court Reporting Service ( 630 ) 983-0030 78 1 up, okay . Sorry . And basically I think right 2 now we ' re pretty close to 100 percent occupancy, 3 and a lot of the vacant land that -- basically 4 what she ' s talking about , they were paying $200 5 in taxes , now they have businesses there and 6 they ' re paying the $10 , 000 in taxes , so basically 7 what she ' s saying is since they were paying 200 8 before and now they put a business in, they are 9 paying 10 , the bulk of that is what ' s paying to 10 pay off the TIF, and -- 11 MS . ORR : Yes , and the 12 infrastructure . 13 MR . JAMES : So my recommendation is 14 if you have questions , talk to the business 15 owners in the Fox Industrial Park and, you know, 16 ask them what they think of it , and basically 17 what I ' ve heard is all positive and I have yet to 18 hear anything negative, you know, about the TIF 19 district for that -- that park . 20 And if you do have questions , 21 go over there and knock on some of the doors to 22 the businesses and talk to the owners . 23 MAYOR PROCHASKA: Okay . Anyone 24 else? Depo Court Reporting Service ( 630 ) 983-0030 79 1 (No Response) 2 MAYOR PROCHASKA: If not , then I 3 would entertain a motion to close -- Oh, we ' ve 4 got to get a new tape, okay. 5 I would entertain a motion to 6 close the public hearing . 7 MR . BESCO : So moved . 8 MS . SPEARS : Second. 9 MAYOR PROCHASKA: Moved and 10 seconded . May I have roll call, please? 11 MS . MILSCHEWSKI : James . 12 MR. JAMES : Aye . 13 MS . MILSCHEWSKI : Munns . 14 MR. MUNNS : Aye . 15 MS . MILSCHEWSKI : Spears . 16 MS . SPEARS : Aye . 17 MS . MILSCHEWSKI : Bock. 18 MR. BOCK: Aye . 19 MS . MILSCHEWSKI : Besco . 20 MR. BESCO: Aye . 21 MS . MILSCHEWSKI : Leslie . 22 MR. LESLIE : Aye . 23 MAYOR PROCHASKA: Motion is carried . 24 Public hearing is closed . Depo Court Reporting Service ( 630 ) 983-0030 80 1 (Which were all the 2 proceedings had in 3 the public hearings . ) 4 ---000--- 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 81 1 STATE OF ILLINOIS ) ss : 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M . VITOSH, being first duly 5 sworn, on oath says that she is a Certified 6 Shorthand Reporter doing business in the State of 7 Illinois ; 8 That she reported in shorthand the 9 proceedings had at the foregoing public hearing; 10 And that the foregoing is a true and 11 correct transcript of her shorthand notes so 12 taken as aforesaid and contains all the 13 proceedings had at the said public hearing . 14 IN WITNESS /WHEREOF I have hereunto set 15 my and this day of 16 --' 2006 . 17 18 19 20 ARIS NE M. VITOSH, C—T—R- 21 CSR License No . 084-002883 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 82 May 23 , 2006 $10,000 24:22, 9 61:24 adhered 56:15 amount 21:22 24:22, 25:1, 25:1, 95 34:6 adjacent 7:10 analysis 17:1, 18:16, 78:6, 78:6 administration 29:4, 29:17, 31:15 $10,000,000 65:21, 71:14 anchor 20:1 65:21, 65:21 < A> Administrator 2:9 anchors 20:11 $200 24:22, 25:2, A-1 3:14 adopted 69:14, Andrew 7:1, 7:4, 8:3 78:4 A-plus 56:19 69:14 ANN 2:8 $40,000 51:6, 51:6, A. 3:10 advance 59:10 annex 3:12 51:7, 51:7, 51:15, abandoned 7:20, advise 17:1 annexation 5:2, 5:3, 51:15 8:8, 8:10, 8:18, 8:21, advised 16:4 5:8, 8:12, 8:14, 8:15, $5,000,000 54:8, 9:6, 45:6 affect 24:23 8:23, 9:8, 10:5, 54:8, 54:8, 54:9, abandonment 8:24 affected 15:20 10:24, 12:18 54:9, 54:9 abandons 9:12 aforesaid 81:14 announce 26:10 $9,800 46:2, 46:2 abatement 55:18, agenda 3:3, 14:2 annual 25:8, 58:4 $980 26:7, 40:8, 55:20 ago 17:11, 77:1 annually 56:12 61:22, 61:23 abatements 55:14 agree 28:24, 48:14, answer 6:16, 42:14, $9800 24:23, 25:5, ability 74:24 48:15, 59:6 73:5, 73:13 29:15, 39:17, 40:1, able 40:3, 76:3, 77:7 agreed 57:6 answered 15:18 40:22, 40:23 above-entitled 1:7 agreement 5:3, 5:9, anticipate 29:12, 084-002883 81:24 Absolutely 61:19 8:12, 8:14, 8:16, 29:15 1 78:9 access 7:16, 10:21, 8:23, 9:8, 10:6, anticipated 62:14 100 78:2 19:21 10:24, 12:14, 12:18, anybody 23:1 115 56:5 accomplish 18:6 47:1, 58:7 anything-you-want 11th 16:9 accomplished 22:4 agreements 42:13, 64:2 13th 15:17, 44:3 accordance 42:6 55:6 anyway 67:13 14 8:23 achieves 25:17 Agricultural 3:14 apartment 27:16 143 31:17 acquisition 62:4 ahead 11:6, 35:10, apparently 48:2 20 21:17, 33:19 acres 3:18, 5:14, 7:8 41:13, 42:14, 53:17, appear 7:15 200 78:7 across 17:24, 51:19 56:3, 59:15 appeared 2:16 2006. 81:18 Act 29:21, 39:20, ain't 22:23, 36:19, applauded 36:10 23 18:24, 31:24, 58:1, 58:2 36:20, 37:9, 37:14 applies 67:24 48:21, 71:13, 72:1 actions 50:13 Alderman 2:3, 2:4, approach 16:13 23-year 25:11, 33:19, activities 22:3, 2:5, 2:6, 2:7 approaches 20:8 33:21 23:20, 34:2, 34:7, Alderwoman 2:8 approximately 3:18, 25th 15:19 37:19 alignment 10:23 5:14, 31:17, 34:14, 26 5:14 activity 20:11, 28:17 alignments 11:2 77:4 35 69:9 actual 53:16, 54:17 Allegiance 3:1 April 15:19 360 34:14 Actually 10:8, 38:5, allow 10:21, 15:11 areas 18:7, 20:24, 37 33:20 38:21, 57:10, 59:22, allows 75:1 30:9, 32:9, 63:21, 4.4 7:8 59:23, 60:19, 64:14 almost 65:12 72:15, 72:15 40,000 51:10, 51:10 added 19:16, 45:15, already 31:9, 32:12, argue 64:12 47 72:9, 73:18, 73:20 45:17, 45:19 38:22, 52:3, 67:12, Arnie 49:13, 49:17, 49.36 3:18 adding 20:10 69:13 49:20 4th 16:9 addition 16:2, 42:19 amendment 71:17 around 20:19, 59:20 750 16:3 additional 9:19, amenities 20:15 arrow 7:15 7:00 1:9, 1:9 10:12 amenity 19:24 ARTHUR 2:2 800 1:9 address 10:3, 16:11, America 69:5 aspect 29:18 857 3:10 23:4, 35:10 American 52:16 aspersions 62:16, Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 83 May 23 , 2006 66:21 Bag 39:21 43:2 40:20, 46:7, 66:22, assessed 30:4, 52:4, Bank 3:9 bikes 38:3 67:18, 68:2, 68:3, 52:5 Barb 27:1, 27:8 bit 6:7, 49:15, 59:15, 68:13, 69:16, 70:4, asset 20:4, 26:4 base 33:3, 43:13, 59:21 70:18 assets 32:11, 75:9 75:1 BITTERMAN 49:13, buildings 23:14, assistance 58:7 Based 7:17, 33:22, 49:13, 49:17, 49:20, 34:12, 46:5, 47:8, assisted 5:24, 60:13 49:20, 49:21, 49:23, 75:9 12:10, 12:19, 12:21 basic 21:2 50:12, 51:9 builds 20:14 associated 21:12, Basically 12:8, blight 72:7, 74:9 built 34:13, 37:6 30:13 17:22, 19:2, 19:19, blighted 72:11, 73:9, bulk 78:9 Associates 16:24 21:15, 22:8, 22:19, 74:15 bunch 63:10 assortment 5:23 77:3, 77:13, 77:14, block 30:15 burned 45:6 assumptions 33:23, 78:1, 78:3, 78:6, blocks 19:4, 72:10, burns 45:22, 49:8 66:9 78:16 73:19, 75:19, 75:20 bus 46:14 assured 44:4 basics 20:21 Blow 39:21 Business 3:15, 5:4, attempting 36:10 basis 25:8, 30:9, blows 68:8 5:22, 11:21, 12:6, attended 17:10 56:22, 60:11 BOBBITT 7:1, 7:4, 23:10, 23:13, 46:16, attracted 33:23 Baumann 3:8, 3:9, 7:5, 8:5, 9:14 78:8, 78:14, 81:8 attributable 58:4, 3:10, 3:12 BOCK 2:6, 4:11, businesses 46:4, 68:19 beautiful 25:14, 4:12, 13:8, 13:19, 46:12, 54:9, 78:5, AUDIENCE 6:19, 25:16, 29:1 13:20, 14:19, 14:20, 78:22 71:7, 72:3, 72:21, becomes 18:11, 19:10, 79:17, 79:18 but-for 29:11 73:2, 73:7, 73:16, 21:13 bodies 38:11 buy 48:11, 48:23, 74:4, 74:11 beginning 42:15 bond 65:21 52:8, 52:15, 62:6, availability 41:4, behalf 2:16 bonded 64:22 62:7, 63:10 65:13 behest 61:2 bonding 65:13 buys 48:2 available 7:16, 18:6, behind 43:10, 43:24 bonds 65:3, 65:5, by-pass 3:10 36:11, 64:7, 71:17 believe 6:3, 9:10, 65:14 bypass 36:19 Aye 4:2, 4:4, 4:6, 4:8, 12:9, 62:10, 63:3, borders 16:3 4:10, 4:12, 13:12, 67:9 borrow 40:19, 54:9 13:14, 13:16, 13:18, belong 9:2, 9:4 bottom 47:4, 59:12, < C > 13:20, 13:22, 14:12, benefit 16:7, 31:14, 65:18, 69:20 C.S.R. 1:8, 81:23 14:14, 14:16, 14:18, 32:14, 37:2, 37:10, boundary 76:15 call 3:24, 13:10, 14:20, 14:22, 79:12, 39:7, 61:22, 69:4, breaks 19:14 14:10, 79:10 79:14, 79:16, 79:18, 72:17, 75:24 Brestal 4:21 called 34:9, 57:2, 79:20, 79:22 benefiting 63:5 Bridge 19:3, 32:13 57:3 benefits 55:4 brief 7:6 calling 54:16 BESCO 2:7, 41, 4:2, bring 61:17 calls 33:19, 34:3, 11:5, 11:7, 11:14, Bristol 3:20 37:17 B-3 3:15, 5:4, 5:4, 11:20, 11:23, 13:21, broken 68:5 car 9:20 5:21, 5:21, 6:3, 9:15, 13:22, 14:21, 14:22, buck 42:10 care 3:11 9:17, 10:11, 11:17, 79:7, 79:19, 79:20 bucks 51:21 cared 33:1 11:19, 12:4, 12:22 best 71:5 budget 34:6, 35:3 carried 4:13, 13:23, back 8:1, 10:10, better 39:13, 59:17 build 24:19, 38:12, 14:23, 79:23 10:24, 12:8, 22:2, beyond 23:17, 67:18 carry 10:22 39:16, 54:16, 57:1, 23:22, 76:2 building 7:18, 19:21, cart 59:15 63:23, 66:3, 66:5, bigger 72:22 20:14, 23:11, 37:8, case 9:11, 26:21, 66:7, 76:24, 77:9 bike 38:8, 38:19, 37:11, 38:8, 40:19, 28:24, 31:3, 36:5, Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 84 May 23 , 2006 42:24 77:20, 77:20, 78:2, comptroller 56:12 cook 46:8 case-by-case 60:11 79:3, 79:6 concept 7:12, 7:22, cooperation 69:7 cash 65:14 closed 79:24 10:16, 42:6, 49:4 coordinate 33:10 cast 62:16, 66:21 coast 62:4 concerns 69:10 copy 9:16, 56:20 castle 69:6 Cobine 4:22 condemn 44:20, core 19:2, 20:4, cause 44:21, 67:11, code 68:2 48:8, 70:5 74:1, 75:24, 76:3 67:15 cohesive 20:13 condemnation 44:4, corner 3:19, 12:6, center 7:15, 9:9, comes 12:7, 23:6, 44:6, 44:11, 45:3, 73:17 10:7, 25:14, 37:18, 29:18, 50:9, 57:16, 69:9, 69:12, 70:10 corporation 3:7 37:21, 55:5 58:12, 61:10, 64:13, condemned 45:24 Correct 28:22, certain 28:23, 39:19, 68:8, 69:9 conditions 74:8, 28:22, 46:19, 46:19, 40:11, 64:8 coming 46:4, 56:6, 74:16, 74:21 59:24, 60:6, 60:20, Certainly 11:18, 66:3, 68:10, 76:14, condominium 34:19 62:8, 67:7, 73:23, 30:20, 32:10, 32:14, 77:9 condominiums 81:13 32:17, 57:17 comment 6:2, 12:3, 34:13 corrected 77:17 Certified 81:7 15:13, 51:12, 54:17, confusing 8:20 correcting 70:10 cetera 19:5 66:16 connection 19:24 correctly 60:8, 62:3 change 23:6, 31:24, comments 7:6, 8:13, connections 19:22 corridor 18:2 46:21, 71:13 10:4, 11:4, 16:16, consequences corridors 19:3 changes 30:19 41:15, 41:16, 41:17, 30:13 CORY 53:5, 53:6, Chicago 53:12, 54:3, 53:20, 76:21 conservation 29:20, 53:8 54:5, 54:7, 54:11 commercial 5:23, 31:4, 52:18, 74:14, cost 58:9, 60:20, children 37:20 7:17, 12:9, 24:19, 75:5 61:24 CHRISTINE 1:8, 24:22, 72:15 conservative 65:17 costs 58:4, 58:16 81:6, 81:23 commercially 11:13 consider 9:19, Council 1:1, 4:18, Church 3:6, 4:23, Commission 6:2, 41:15, 53:19, 59:8 6:16, 6:21, 7:2, 8:2, 5:1, 5:18, 6:5, 6:10, 9:16 considered 11:9, 11:4, 15:3, 15:24, 6:13, 10:21 commitment 44:24, 29:11, 36:1 16:19, 22:16, 24:3, churches 11:15 45:2 Consistent 15:14, 27:2, 35:6, 35:17, circulation 66:5, communities 17:22, 29:6, 29:24, 31:6, 39:2, 41:14, 47:20, 76:4 18:3, 20:2, 20:23, 31:8, 32:6, 73:22, 49:18, 50:14, 53:9, circumstances 69:7 21:1, 30:7, 54:4, 75:8 53:18, 53:20, 59:4, citation 68:6 56:19, 74:19 consists 3:17, 5:14 62:3, 71:14, 76:21 citizens 59:17, Community 15:16, consultant 16:23 councils 51:13 67:14, 70:1 17:10, 18:8, 20:11, Consultants 6:14 Counsel 2:15 civic 20:10, 25:14 21:14, 30:6, 30:10, consumed 62:19 country 17:24 clarification 7:21, 37:18, 52:22, 55:4, contains 81:14 Countryside 57:11 10:8, 10:9, 66:20, 55:4, 55:6, 55:9, contemporary COUNTY 3:14, 3:20, 71:10 57:14 30:16, 32:18 38:11, 38:18, 81:3 clarified 69:20 companies 55:15 context 9:7 couple 13:1, 17:11, Clarity 61:6, 62:17, company 57:4, 57:5 continuation 38:9 17:11 66:21, 67:23, 68:16, comparable 52:8 contract 4:22, 50:23, course 5:21, 16:10, 71:2 complete 41:3 51:3, 51:8 31:24, 34:17, 74:10 clause 71:12 components 34:24 contribute 74:24 covered 58:18, clear 11:1, 24:9 Comprehensive contributing 32:24, 63:22 Clerk 2:11, 56:21 12:5, 17:7, 30:11, 33:2 create 55:11, 58:14, client 10:10 31:6, 31:12 contribution 61:21, 64:13, 76:9 close 13:6, 27:24, compromised 75:3 61:24 creates 66:4 Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 85 May 23 , 2006 creating 59:12, develop 17:24, 42:3, dollar 55:11 economic 16:22, 64:14 61:7, 64:13, 72:6 dollars 21:7, 32:15, 65:22, 74:20 criteria 60:14, 60:17 developed 19:8, 33:20, 43:15, 43:18, edge 38:13 critical 55:8 30:8, 30:10, 42:2 55:8, 57:18, 58:13, edges 19:16 CROIS 2:9, 50:21 developer 42:8, 58:17, 59:11, 64:17, effect 12:19, 66:1 CROWE 22:8, 22:12, 58:6, 61:14, 75:13 64:20 Ehlers 16:13, 16:23 22:12, 22:15, 22:18, developers 43:5, domain 33:5, 44:11, eight 77:1 36:16, 36:16, 38:2 65:24 45:4, 46:10, 48:8, elevator 66:23, 67:2, crucial 39:23 development 12:11, 48:21, 69:12, 69:21, 68:13 CSR 81:24 16:22, 29:22, 30:12, 70:11, 71:8, 71:12 eligibility 17:1, curbs 40:11, 63:18 31:8, 36:8, 55:5, Dommermuth 4:21 18:16, 18:17, 29:17, curious 73:3 62:21, 63:19, 64:7, Don 24:2, 24:5 31:3, 34:23, 75:18 current 20:5 64:14, 64:16, 64:20, donation 7:8 eligible 29:19 Currently 20:6, 51:3, 65:9, 65:9 done 11:2, 22:24, Elizabeth 3:8 60:11, 65:2, 65:3 devising 59:12 23:2, 36:4, 36:22, eminent 33:5, 44:11, cut 28:1, 28:4, 28:14 die 45:13 57:18, 64:16 45:4, 46:10, 48:8, different 37:22, door 66:23 48:21, 69:12, 69:21, 40:16, 41:7, 41:24, doors 78:21 70:11, 71:8, 71:11 < D > 48:19, 54:11, 70:11 doubt 69:5 Emmon 19:4, 63:19, DAN 59:3 differentiate 8:9 Doughnuts 39:21 73:17 dandy 36:19 difficult 30:16 dovetail 66:17 enact 56:24 danger 68:3, 68:9 difficulty 17:20 dovetailing 69:13 encourage 43:8, Dave 38:16, 39:1, direction 19:23 down 28:1, 28:4, 43:11 39:4, 44:2, 66:17 director 7:5 28:14, 39:14, 45:6, encouraging 63:6 day 81:17 disclosure 56:9, 45:22, 49:8, 50:22, end 22:6 deal 75:20, 76:4 56:10, 56:23 52:15, 61:10, 67:2, ends 69:16 dealing 30:18, 57:23 discuss 10:13, 13:1 68:10, 68:12, 70:5, enforce 57:1 deals 55:22, 58:1 discussing 3:6 70:18, 77:21, 77:21, enforcement 56:13 dealt 9:5 discussion 14:5, 77:22 engine 32:21 deceased 3:8 38:15, 38:17, 38:18 Downtown 14:5, enhance 19:19 decide 46:24, 46:24, discussions 8:9 15:7, 15:22, 17:2, enhances 40:12 56:7 distinctive 20:15 18:2, 18:8, 19:2, enhancing 21:7 decisions 74:19 distributed 22:1, 19:13, 19:18, 20:1, enjoy 20:19 decline 60:19 25:3 20:4, 20:12, 20:17, enough 48:24 declining 30:3 districts 15:21, 17:6, 21:19, 29:1, 30:15, ensuring 6:8 dedicated 32:15 22:1, 26:11, 26:19, 30:17, 32:11, 32:20, entering 7:15 degree 28:23 33:10, 33:11, 39:6, 38:6, 46:3, 59:24, entertain 3:4, 13:5, depending 6 1:11 41:16, 53:13, 58:3, 62:20, 72:12, 74:21 14:3, 35:5, 79:3, 79:5 depends 50:13 71:22 downtowns 29:7, entity 48:19 depleted 66:14, document 47:10, 30:8 entry 10:23, 11:1 66:15 57:21 drive-in 9:21 environment 20:18, design 20:13 documented 31:2 duly 81:6 20:20 detailed 60:14 documenting 29:4 equalized 30:4 details 41:9 documents 18:15 especially 57:23 deterioration 30:2 doing 7:14, 17:18, < E > establish 76:15 determines 60:9, 20:3, 26:12, 37:7, earlier 72:4 established 31:10, 60:10 38:14, 43:6, 46:22, east 5:11, 5:12, 6:10, 53:18, 53:22 devastating 55:16 51:20, 58:14, 81:8 76:7 establishing 20:12 Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 66 May 23 , 2006 Estate 3:7 extending 38:19 fine 36:19, 40:5 funded 64:24 Esther 6:12 extension 25:23, finest 25:17 funding 18:5, 20:22 et 19:5 38:7, 38:22, 42:19 finish 56:3 funds 21:13, 50:9, evaluated 75:18 extreme 33:7 fire 44:21 53:13, 64:12, 64:15, evaluation 74:7 firm 4:21, 16:23, 65:14, 76:9 evening 15:5, 16:21 18:14, 19:9, 19:11 future 7:9, 7:13, everybody 26:14, < F > First 3:3, 18:15, 7:19, 8:6, 8:8, 8:11, 37:3, 76:24, 77:9 F. 2:2 23:5, 41:14, 47:22, 8:17, 8:24, 9:6, 20:7, everyone 16:2, facade 23:8, 32:16, 50:9, 59:9, 66:9, 81:6 51:1 16:10, 17:17, 27:20 40:2 fit 6:4 everything 37:1, face 74:20 five 7:6, 17:8, 77:5 37:12, 42:21, 71:4, facilitate 21:3 fix 68:7 < G > 77:12 facility 5:18, 5:24, flat 50:2, 50:4 G. 3:8 Exactly 42:22, 47:8, 12:19, 12:20, 12:21 flooding 77:16 Galena 3:19, 5:12, 50:20 fact 6:5, 10:22, 16:4, focus 20:2 12:7 example 40:7, 56:1, 59:81 63:23 following 17:18 Game 1:9 63:16, 68:12 factors 29:23, 74:16 follows 4:19, 7:3, gave 52:15 except 44:11, 45:10 failed 57:6 15:4, 16:20, 22:17, gee 66:22 exception 33:6, fairs 37:4 24:4, 27:3, 35:18, general 5:10, 50:7, 45:7, 45:7, 68:17, falls 65:19, 74:2 39:3, 47:21, 49:19, 52:5 68:18, 68:18 familiar 17:6, 54:2 53:10, 59:5 generate 43:16 excess 61:23 Family 7:6, 52:11 footnote 44:5 generated 21:23, excluded 9:17 far 10:23, 27:11, force 48:20 25:11, 34:10, 62:15, excluding 8:17 52:13 foregoing 81:11, 62:18 exclusions 9:19 Farm 1:9 81:12 generators 20:11 exclusively 21:14, fear 69:17 Forest 38:17 gentleman 43:23, 22:2 feature 19:20 forget 40:24, 44:18, 43:23 Excuse 7:24 February 15:17, 44:3 44:18 George 3:9, 3:11 execute 36:5 fee 50:2, 50:5 formations 30:15 get-go 73:8 execution 5:3 feel 20:17 former 34:18 gets 23:2, 60:9, executive 7:5 feelings 59:17 fortunate 26:22 60:11 exempt 11:21 feet 16:3 forward 6:20, 6:23, getting 37:6, 37:12, exemptions 11:15, festivals 36:23 9:24, 35:9, 35:14, 41:12, 59:14 12:4 few 17:13, 51:21, 35:21, 51:24, 61:18, give 5:8, 6:21, 16:10, existing 8:20, 23:10, 55:1 64:13, 65:10 16:13, 47:11, 48:6, 32:9, 46:12 field 36:22 found 29:19, 29:23, 55:10, 57:20, 61:12, expanding 38:19 figure 27:10 31:5, 77:12 61:13, 65:14, 68:6, expansion 25:24, figured 61:2 foundation 18:11, 69:4, 70:22 37:24 filed 10:8 74:18, 75:4, 75:16 given 15:15, 46:12 expect 47:7 finances 28:17 four 8:13, 77:5 gives 12:14, 68:17 expenditure 33:20 financial 58:7, 76:12 Fox 7:5, 19:24, 20:2, giving 70:18 expenditures 35:2 Financing 14:5, 76:23, 77:2, 77:6, goals 18:6, 18:12, experience 69:3 15:6, 16:1, 16:15, 78:15 19:18, 22:3, 31:7, experiencing 23:24 17:2, 17:21, 18:1, free 41:5 35:1 expertise 40:5 20:22, 25:18, 29:10, FS 34:18 God 45:21, 54:10 explained 26:11 29:17 full 9:6 gold 62:4 extend 63:17, 76:2 finding 29:11 fully 31:22, 47:7 government 39:9, extended 10:19 findings 29:8, 34:23 fund 25:6, 64:10 44:5 Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 87 May 23 , 2006 grade 30:19 happening 23:20, hour 1:9 25:14, 27:22, 30:3, great 26:13, 26:15, 52:18, 65:9, 70:7 house 24:12, 25:24, 33:24, 34:4, 40:13, 55:13 happens 10:17, 42:19, 44:19, 45:22, 43:2, 75:2, 76:2 greater 62:1 12:16, 24:15, 35:24, 47:23, 49:6, 52:16, improvements. GREITER 28:16, 43:19, 64:20, 65:18 74:2 58:10 28:19, 39:1, 39:4, happy 6:16 houses 52:14 improves 26:1 39:4, 39:11, 41:4, harder 61:14 housing 31:16, improving 42:10 41:8, 42:16, 42:20, harmonious 6:9 31:18, 31:20, 34:15, in. 57:16, 77:10 43:21, 44:2, 44:2, hazard 70:10 55:24, 58:5 inaudible 36:12, 44:9, 44:12, 44:16, head 35:24 hurt 52:19, 68:13 54:12, 72:19 45:14, 46:1, 46:11 health 49:9 Hydraulic 19:3, incentive 39:5, 41:5, Groner 35:12, 35:12, hear 41:15, 41:17, 27:11, 63:18 42:3, 42:11 35:16, 35:19, 35:19, 53:20, 78:18 incentives 21:5, 35:22, 36:12, 65:18 heard 41:15, 71:9, 32:15, 42:13, 50:10, grounds 37:5 78:17 < 1 > 50:13 grow 26:17 hearing 3:4, 3:5, idea 47:6, 47:11 include 73:3 growing 32:5, 52:10 4:14, 13:6, 13:24, Ideally 32:21 included 9:7, 31:14, growth 23:18, 23:23, 14:3, 14:4, 14:24, ideas 18:12, 37:22 75:24 29:21 16:4, 16:8, 17:13, identified 29:24, includes 30:2 guarantee 12:15 71:23, 79:6, 79:24, 31:2, 33:5, 33:12, including 6:10, guarantees 57:1 81:11, 81:15 33:18 26:19, 32:8 guess 12:2, 69:19, hearings 3:3 identifies 34:10, Incorporated 16:13 71:3 hearings. 80:3 34:11 increase 21:10, guide 18:21, 18:22 held 15:17, 15:20, identify 77:8 21:12, 21:21, 21:23, guidelines 10:7, 25:6, 39:18 identifying 19:12 23:5, 23:6, 23:17, 30:12, 31:9 help 17:24, 26:5, ignore 52:13 23:22, 25:18, 41:19, gutters 40:11, 63:18 43:7, 63:21 Illinois 1:2, 1:10, 41:21, 41:23, 52:21, guys 48:1, 48:3, 51:3 helping 63:24 2:17, 3:7, 3:20, 58:3, 64:9, 77:4 helps 20:23, 64:9 17:23, 18:18, 30:1, increased 26:4, Henry 3:10 81:1, 81:9 52:14, 58:17 < H > hereunto 81:16 impact 24:11, 24:11, increases 23:15, half 9:1, 9:3, 9:12, highlight 56:2 31:16, 49:24, 55:23, 24:8, 36:7 9:13, 45:6, 72:10 hired 16:24 58:14 increasing 43:13, hall 15:20 historic 19:21, impacted 24:7, 63:6 hammer 68:21, 32:11, 75:9 28:20 Increment 14:5, 68:24 Hoffman 3:9, 3:11 impacts 28:23, 15:6, 15:24, 16:14, hand 43:24, 47:13, Home 27:18, 51:10, 33:13 17:2, 17:21, 20:21, 52:24, 81:17 51:15, 52:6, 52:8, implementation 21:13, 21:24, 24:23, handful 59:19 52:10, 53:15, 57:14, 17:22, 18:22, 33:14 25:18, 29:9, 29:15 handled 10:13 69:6 implementing 18:1 incremental 21:22 handout 17:17 homeowner 42:16, important 72:20 incurs 58:9 hang 35:7 43:14 improve 26:2, 32:7, independent 67:19 happen 12:15, homes 33:2, 37:12 40:8, 41:20, 41:21 indicated 7:7, 9:15 45:13, 54:10, 60:23, hook-up 42:7 improved 23:7, indicates 9:1 63:13, 65:22, 65:24, Hopefully 15:17, 40:10, 40:11 Industrial 20:9, 66:2 27:19, 43:9 improvement 23:8, 30:23, 76:23, 77:2, happened 38:17, horse 59:15 32:16, 40:2, 41:24 77:6, 78:15 44:19 host 5:22 improvements 21:4, infrastructure 25:13, Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 88 May 23 , 2006 32:8, 40:9, 43:7, Joe 39:21, 39:21 lack 29:21 levied 23:22 58:9, 75:2, 78:12 John 2:9, 2:15, lagging 30:4, 32:4 libraries 58:20 initially 9:15, 64:7 50:19 laid 60:12 library 58:21, 58:22 initiatives 17:7 JOHNSON 53:1, land 6:9, 19:12, License 81:24 instance 61:20, 53:5, 53:5, 53:8, 30:14, 30:22, 35:1, Life 3:6, 4:23, 5:1, 62:4, 66:23, 72:1 53:11, 54:12, 54:15, 37:24, 60:17, 63:10, 6:5, 6:13, 7:17, 9:2, instead 21:24 54:24, 55:3, 55:19, 75:8, 78:3 9:8, 10:3, 11:7, 11:11, intends 6:6 56:4, 56:17, 56:23, landscaping 25:15 33:7, 45:11, 45:12, intention 28:14 57:8, 57:13, 58:23 language 8:15, 10:6, 52:19, 66:18, 67:15, interest 6:8, 7:10, JOSEPH 2:7 12:18, 58:12 68:11, 69:8, 69:22, 15:12, 40:2 judges 69:3 larger 19:7 70:17, 71:12 interested 46:4 judiciary 70:1 largest 55:15 lighting 20:15, 77:18 invest 21:19, 32:19, jump 59:20 LASALLE 81:3 limits 38:13 40:13 jumped 53:17 last 17:8, 17:15, line 10:7, 40:5, 47:4, invested 25:20, 29:5 jumpstart 34:20 18:10, 44:13 59:12, 69:20 investing 21:4, 39:8 jurisdiction 11:18 lastly 9:14 lines 5:15 investment 21:4, JUSTIN 2:15 law 4:21, 15:8, linkages 76:5 21:8, 21:20, 29:22, 15:14, 25:5, 27:20, Lisa 16:12, 16:16, 32:12, 33:4, 33:23, 31:17, 50:4, 50:11, 16:18, 16:22, 52:3, 39:6, 53:13 < K > 55:22, 57:3, 57:4, 54:2 investments 21:18, KATHLEEN 14:24, 57:16, 68:2, 68:17, list 9:15, 12:4 34:3 15:2 70:23 lists 8:16, 8:23 investor 30:16 Kathy 33:10, 35:5, lawyer 39:10, 44:16, lit 49:15 involve 47:3 40:1 69:3 little 12:14, 19:6, issue 17:11, 51:15, keep 37:8, 49:5, layout 7:18 49:3, 57:20, 59:15, 54:23, 66:18, 66:23, 49:7, 49:8, 56:7, least 69:15 59:20, 65:17 67:6, 67:16, 67:22, 72:14 leaves 68:13 live 20:19, 27:4, 69:8, 69:17, 69:23, Kendall 3:13, 3:20 leaving 77:9 52:1, 72:9 70:17, 70:22, 77:8 Kennedy 3:19, 5:11, left 45:6, 45:23, living 5:24, 12:10, issues 30:5, 30:19, 12:7 62:20 12:19, 12:21, 55:12 39:16, 45:11 kept 52:5, 52:7, legal 68:18, 70:14, loan 40:1, 60:10 item 3:2 52:13, 52:21 76:13 loans 41:5 items 61:17, 70:12 key 18:3, 18:7, 19:4, legalities 70:19 local 55:16 itself 16:6, 43:17 19:20, 20:1, 25:16, legally 9:11 locate 30:18 75:14 legislative 31:10 located 3:18, 5:10, Kids 36:20, 37:8, lend 41:2 38:21, 58:5 <J > 37:10, 37:13, 38:3, LEONARD 27:1, long 22:22, 46:17, JACQUELYN 2:11 51:16 27:4, 27:8, 27:8, 48:6, 49:7 JAMES 2:3, 2:6, 4:5, killed 69:24 27:10, 27:23, 28:6 long-term 18:1, 4:6, 13:13, 13:14, kind 8:1, 10:16, LESLIE 2:4, 4:3, 4:4, 19:20, 20:7, 30:5, 14:13, 14:14, 67:19, 20:16, 23:16, 23:19, 13:11, 13:12, 14:11, 34:16, 74:23 76:21, 76:22, 77:24, 27:17, 50:14, 61:5, 14:12, 79:21, 79:22 look 12:5, 36:17, 78:13, 79:11, 79:12 66:17, 76:24 less 61:13 36:18, 37:16, 45:10, JASON 2:4 kitty 39:18 letter 54:16 47:2, 47:8, 69:23, jinx 49:10 knock 78:21 letting 74:18 75:12, 75:13 job 54:8 level 32:24 looked 38:14, 74:7, jobs 55:6, 55:7, lever 68:21, 68:24 74:8, 75:6, 75:18, 55:12 < L> leverage 20:6 77:2 Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 89 May 23 , 2006 looking 12:10, means 29:20, 45:12, moneys 61:1, 62:17, neither 72:10 21:16, 33:3, 43:1, 58:11, 74:14 64:6, 66:2 New 3:6, 4:23, 5:1, 43:2, 43:15, 43:18, meant 45:14 months 17:11 6:5, 6:13, 7:17, 9:2, 50:15, 65:3, 65:8, meet 57:6 mortgage 48:5 9:8, 10:3, 11:7, 11:11, 75:4, 76:11 MEETING 1:1, 1:6, Motion 3:4, 4:13, 17:12, 17:14, 20:8, lot 7:18, 15:17, 15:16, 15:19, 17:10, 13:6, 13:23, 14:4, 21:11, 23:13, 32:19, 19:12, 24:18, 24:18, 17:15, 26:10, 44:3, 14:23, 79:3, 79:5, 34:10, 34:19, 37:11, 28:1, 28:3, 28:4, 44:13, 60:13, 72:4, 79:23 79:4 28:7, 36:4, 56:17, 72:22 move 5:15, 48:5, newer 38:16 59:16, 61:14, 66:9, meetings 15:9, 65:10 Next 3:2, 13:1, 14:2, 78:3 53:20, 65:7, 71:21 Moved 3:21, 3:23, 21:17, 29:18, 30:23, lots 30:13, 42:2 MEMBER 71:7, 72:3, 13:7, 13:9, 14:7, 43:8, 43:22, 45:22, louder 49:15 72:21, 73:2, 73:7, 14:9, 79:7, 79:9 53:19, 66:23 LYONS 16:12, 16:16, 73:16, 74:4, 74:11 multi-family 31:20 nice 46:5, 46:6, 16:18, 16:21, 16:22, members 8:2 multi-year 18:4, 54:10 19:11, 23:4, 26:23, merely 62:16 20:22 NICHOLSON 59:3, 27:13, 29:3, 50:24, met 33:11 municipalities 21:3 59:6, 60:2, 60:7, 51:4, 51:6, 73:14, method 58:2 municipality 9:12, 60:16, 60:24, 61:19, 73:21, 74:1, 74:6, mic 8:4 22:2, 25:7, 58:8, 58:8 62:13, 62:23, 63:8, 74:13 middle 37:14 MUNNS 2:5, 3:22, 63:11, 64:1, 64:5, Mike 22:12, 22:15, 4:7, 4:8, 13:15, 64:18, 64:21, 64:24, 36:16 13:16, 14:7, 14:15, 65:11, 66:1, 67:22, < M > Mill 5:11, 7:9, 7:21, 14:16, 79:13, 79:14 68:20, 69:11, 70:9, M. 1:8, 81:6, 81:23 8:9, 8:11, 8:16, 8:18, 71:1 ma'am 47:14 8:20, 8:21, 8:24, 9:2, nine 71:23 Madame 49:24 9:4, 9:6, 10:14, < N > No. 3:10, 11:22, magic 76:9 10:19, 12:8 name 4:15, 6:23, 28:15, 42:18, 42:18, Main 19:5 million 33:20 7:4, 16:21, 22:11, 44:14, 46:15, 48:12, mains 40:10 MILSCHEWSKI 2:11, 27:7, 35:9, 36:16, 58:20, 63:11, 72:18, major 77:13 4:1, 4:3, 4:5, 4:7, 4:9, 49:15, 53:4 72:23, 81:24 manner 75:1 4:11, 13:11, 13:13, named 56:21 nobody 77:9 map 59:22, 59:23, 13:15, 13:17, 13:19, natural 20:19, 23:17, none 11:1 73:15 13:21, 14:11, 14:13, 23:23 north 5:11, 6:6 mapped 19:1 14:15, 14:17, 14:19, necessarily 68:19 northern 5:13 marked 9:17 14:21, 79:11, 79:13, necessary 58:9 not-for-profit 3:7, market 21:19, 29:5, 79:15, 79:17, 79:19, need 21:18, 40:10, 11:8, 11:9 30:17, 35:24, 36:2, 79:21 40:11, 41:17, 55:11 note 38:7 36:3, 36:6, 76:13 minute 8:1, 56:3 needed 75:3 noted 7:22, 8:7 marketplace 32:18, misreading 45:15 needs 28:24 notes 81:13 75:12 mixed 20:10, 34:12, negative 78:18 nothing 22:24, MARTY 2:5 34:19 negotiated 55:4 36:20, 37:9, 38:3, master 34:8 money 25:20, 37:1, negotiation 61:11 39:14, 45:16, 46:20, material 17:14, 40:3, 40:15, 40:19, neighbor 16:6, 68:14 51:20, 52:1, 68:1 17:14 42:8, 48:4, 50:6, neighborhood 26:1, Notice 15:16, 16:8, materials 20:14 54:6, 57:1, 59:9, 40:12, 53:12, 73:10 27:21 matter 1:7, 52:19, 60:10, 61:3, 61:13, neighborhoods notices 15:9, 71:21 71:1, 72:2 62:3, 62:7, 62:8, 19:22, 73:12, 76:5 nowhere 37:14 mean 38:1, 48:4 62:15, 62:20, 66:4 neighbors 7:10 Number 24:16, Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 90 May 23 , 2006 24:17, 58:17 51:18, 55:14, 56:18, 30:9 Peterson 24:2, 24:5, numbers 50:14 57:21, 61:4, 74:12, parcels 31:13 24:5 77:18 Park 38:7, 38:8, petition 13:2 One-family 3:16, 5:5 47:23, 49:1, 49:3, petitioner 4:23, 5:7 < O > open 16:15, 64:2 76:23, 77:2, 77:6, petitioners 3:12, oath 81:7 operates 42:11 78:15, 78:19 4:15, 10:3 objectives 18:12, opportunities 19:13, parking 7:18, 32:8 petitioning 5:2 19:13, 22:3, 35:1, 19:16, 21:8, 34:12, parks 37:24 Phil 6:13 35:2 37:23, 47:3, 75:7, part 29:4, 57:5, 61:8, phrase 39:22 obligations 57:6 75:10 70:14, 70:14 picture 35:23, 36:18, obsolete 32:17 opportunity 16:11, partially 45:23 36:18 Obviously 9:3, 20:6, 46:23, 58:15, particular 42:24 piece 7:9, 7:17, 10:7 38:12, 56:10 69:16, 70:22, 75:23, particularly 17:8, place 75:8 Occupancy 77:23, 76:8 32:12, 76:7 plague 54:4 77:24, 78:2 option 67:1 parts 72:12 plain 58:12 occupied 11:13, options 19:17 passed 76:22, 77:5 Planning 6:14, 33:2 ordinance 31:12, past 20:9 16:23, 17:3, 17:7, occupies 11:11 57:15, 69:14 pattern 75:8 17:18, 18:10, 18:21, occupy 5:18, 12:20 organization 11:8 Paul 2:3, 11:6 19:9, 19:17, 30:6, occupying 6:6 original 38:6 pay 24:24, 25:3, 30:11, 36:4, 47:10, occur 33:13 others 32:13 40:22, 42:7, 46:2, 50:1, 50:5, 50:9, occurred 15:10, outlot 27:23 48:4, 48:5, 51:16, 76:12, 77:12 36:8 outrageous 37:13 78:10 plans 46:6, 46:13, offered 48:12 outside 24:6, 27:18, paying 40:23, 51:23, 50:15 office 56:12 28:20, 43:16, 46:3, 55:6, 55:7, 78:4, plat 10:15 offices 62:5 52:8, 75:19, 75:21 78:6, 78:7, 78:9, 78:9 platting 30:14 oftentimes 30:10 overall 32:2, 43:13 payment 52:15 Please 3:24, 6:22, Okay 9:14, 9:22, overlay 73:23 pays 49:24, 50:1 13:10, 14:10, 27:6, 11:14, 11:20, 11:23, own 9:8, 24:12, pedestrian 20:15, 35:11, 35:13, 35:20, 12:23, 17:17, 22:18, 24:18, 27:23, 28:17, 76:4 49:15, 53:4, 79:10 24:16, 25:19, 28:6, 40:14, 51:15, 52:6, penalty 56:13 pleased 15:22, 36:17, 36:18, 36:20, 53:15, 67:3 people 40:13, 47:11, 26:20 38:2, 38:23, 40:7, owner 9:12, 28:5, 57:22, 59:10, 61:7, Pledge 3:1 41:1, 41:20, 42:8, 42:8, 69:8, 72:17 69:15, 69:23, 69:24, podium 6:23, 35:10 43:22, 44:7, 44:18, owners 78:15, 78:22 71:5 poin 17:19 46:1, 47:12, 47:17, percent 24:14, point 9:9, 12:17, 47:24, 49:11, 57:19, 24:14, 34:6, 78:2 21:16, 23:5, 44:23, 58:18, 58:22, 58:23, percentage 50:2, 56:1, 64:5, 65:6, 58:24, 60:7, 64:4, P. 3:9, 3:11 50:3, 50:4, 61:16 65:8, 68:20, 69:11, 78:1, 78:23, 79:4 P.M. 1:9 perhaps 20:9, 32:14, 70:9, 73:14 Old 3:9 pace 29:5, 32:5, 43:5 policies 32:3 older 30:7 52:5, 52:7, 52:13, period 25:12 policy 33:9 oldest 20:24, 30:9 52:21, 75:2 permitted 5:19, 6:3, pool 21:13, 40:4, Once 36:21, 75:17 Page 8:22, 26:21 6:8, 12:22, 50:11 40:15, 40:20, 41:2, One 7:24, 9:12, 9:19, painting 35:22 person 48:19 42:7, 48:24, 50:6, 24:16, 35:8, 37:18, parcel 23:9, 39:22, perspective 76:12, 54:8, 66:4, 66:11, 38:13, 39:24, 41:18, 39:24 76:13, 76:13, 76:14 76:9 45:9, 51:14, 51:18, parcel-by-parcel pertains 68:12 pooled 41:24 Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 91 May 23 , 2006 portion 5:13, 5:16, 66:11 14:4, 14:24, 16:4, rather 59:12 5:17, 5:20, 10:20, problems 30:21, 21:4, 32:7, 33:24, raze 69:16 11:10, 12:7 77:13 34:4, 43:1, 43:7, re-developed 23:13 positive 78:17 procedural 69:18, 54:17, 71:22, 76:1, reach 10:20 possibilities 37:19 71:2 79:6, 79:24, 80:3, read 56:2, 57:20, possible 31:23, proceed 15:24, 81:11, 81:15 57:24 37:18, 37:20 26:12 publications 71:23 ready 49:1 Possibly 41:6, 62:24 PROCEEDINGS 1:6, published 16:9 real 3:17, 53:11, 54:3 Potential 5:24, 17:3, 80:2, 81:11, 81:15 purchaser 4:23 realize 26:13 18:23, 25:16, 26:13, proceeds 68:3 purple 42:4, 42:5 realized 31:22, 26:15, 33:6, 33:19, process 7:14, 18:10, purpose 3:5, 15:11, 34:15 33:20, 34:20, 41:12, 21:2, 29:16, 69:18, 16:10, 63:5, 63:24, really 12:8, 17:23, 62:14, 62:17, 62:24, 70:14, 70:15, 71:19 72:5 18:11, 18:21, 19:23, 66:13, 66:15, 75:10, processes 31:10 purposes 7:22 20:1, 20:3, 20:12, 75:18, 76:9 productive 32:23 Pursuant 6:1, 10:15 29:4, 29:15, 34:19, potentially 61:1, profitable 11:12 pushed 67:4 39:23, 48:24, 48:24, 64:6 program 32:16 put 25:23, 37:19, 51:15, 76:11 POWELL 2:10 programs 40:16, 42:18, 57:14, 63:18, reason 60:19, 63:14 Power 5:15, 17:19, 41:7, 41:12, 42:1, 65:18, 77:15, 77:17, reasonably 29:12 45:20 42:1, 53:16, 53:21, 78:8 REBECCA 47:15, powers 39:19 54:3, 59:7, 59:8 puzzled 39:5 47:19 predictable 18:5 Project 14:6, 33:17, recapture 55:20, premise 66:6 58:5, 60:18, 61:4, 57:2 preparation 21:5, 61:12 < Q > receive 55:15, 61:22 34:5 projects 34:5, 59:11, quadrant 6:6, 12:20 received 7:8 prepared 40:1 62:19 qualifies 29:9 receives 58:6 prescribed 15:8 properties 21:9, quality 20:14 recognize 21:17 Present 6:12, 29:23, 21:11, 23:12, 23:15, question 15:12, recommendation 74:16, 76:8 24:6, 25:21, 30:3, 35:10, 42:15, 47:22, 15:23, 26:18, 78:13 presentation 22:7, 30:20, 30:22, 32:9, 57:22, 71:15, 72:4 recommended 74:10 32:23, 33:2, 34:18, questions 6:16, 26:12 presented 17:15, 43:12, 45:5, 52:22, 6:20, 11:4, 15:17, record 27:7 1 8:13 61:7, 62:5, 62:6, 16:16, 22:5, 35:4, rectify 70:22 presents 30:20 62:7, 75:21, 76:7 47:16, 59:19, 78:14, redevelop 20:24, Preserve 38:17 proposed 5:8, 15:6, 78:20 29:12, 43:9, 58:13 pretense 67:3 15:22, 53:14 quick 53:11 redeveloper 58:6 pretty 19:15, 27:24, protect 45:5, 71:5 quite 6:7 Redevelopment 35:23, 72:24, 77:20, proverbial 61:22 14:6, 17:3, 18:2, 77:20, 78:2 provide 33:13 18:13, 18:20, 19:16, primarily 31:19, provides 18:4, 58:2 < R > 20:8, 22:3, 30:21, 31:20, 34:4 providing 19:23 R-1 3:15, 5:5, 5:5, 31:5, 31:21, 32:19, primary 34:24 provisions 33:12, 5:19 33:12, 33:14, 33:17, principle 51:19 33:15, 56:10, 56:11, R. 3:8, 3:11 34:2, 34:11, 34:17, prior 15:9, 30:10 57:2 railroad 30:20 34:24, 35:2, 43:12, private 21:3, 21:6, proximity 30:23 rainbow 35:23 43:19, 45:1, 63:7, 21:8, 21:19, 21:20, Public 3:3, 3:4, 3:5, raise 22:19 63:21, 63:24, 75:7, 29:22, 33:4, 33:23 4:14, 6:15, 6:17, rate 23:5, 23:23, 75:11, 75:15, 75:23, probably 26:14, 13:6, 13:24, 14:3, 32:6, 77:4, 77:19 76:8 Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 92 May 23 , 2006 reference 7:13, 8:6 30:24, 31:23, 72:9, roll 3:24, 13:10, seconded 3:24, referendum 56:8 72:14, 73:4 14:10, 79:10 13:10, 14:10, 79:10 refuse 42:9 residents 71:22 roof 68:8 Secondly 8:22 regard 59:7, 68:2 Response 10:1, room 26:14 section 7:20, 8:6, regarding 30:5 12:1, 13:4, 76:17, ROSANOVA4:17, 8:10 region 29:7 76:19, 79:1 4:20, 4:20, 10:5, sector 21:6 register 56:20 responsibility 70:1 11:10, 12:12, 12:17, seeing 7:10, 55:5, regular 54:4 rest 29:6, 54:11 12:24, 14:1 55:7 regulations 30:12 restaurant 9:21, ROSE 2:8 seem 65:11 rehab 40:17, 40:18, 46:7, 47:6 rough 10:16 seemed 72:22 40:20, 53:15, 53:17 result 21:23, 33:14, Rule 57:14 sell 47:5, 48:13, rehabilitation 32:9, 33:24, 34:11 run 22:22 48:15, 48:16, 48:20, 32:16, 34:5 retail 30:17 48:23, 52:7, 52:20, reimburse 50:7, retain 67:3 70:6 60:20 retirement 52:10 < S > send 56:11 reimbursed 43:6, return 32:22, 55:7, sad 36:9 Senior 3:10, 37:21 50:8 57:5 safeguards 63:1 sense 65:12, 75:14, reimbursing 58:3 reuse 30:21 safety 33:7, 45:11, 76:3 reinvest 21:14 revenue 21:22, 23:6, 45:12, 49:9, 66:18, sent 56:21 reinvested 25:8, 24:8, 34:10, 34:20, 67:6, 67:13, 67:16, separately 9:5 25:12 65:1 68:11, 69:8, 69:22, Service 3:15, 5:4, related 8:13 revenues 21:11, 70:17 5:21 relates 7:12 36:7 sanitary 40:9 session 54:17 relationships 30:22 reverse 32:4 save 42:10 set 8:1, 61:16, 81:16 relative 18:18 review 15:21, 54:24 saw 47:13, 77:3, several 32:10, 34:12 reliable 18:5 revise 10:6, 10:24 77:18 sewer 40:10, 42:7, remember 77:2 revitalize 20:24 saying 21:15, 24:6, 63:20, 77:14, 77:15 Remke 6:13 rezone 3:13, 5:4 48:10, 58:19, 60:21, shambles 44:19 remove 67:2 Richard 35:12, 62:21, 63:13, 66:14, Shoot 77:19, 77:21, removed 7:19 35:16, 35:19 69:22, 70:4, 78:7 77:21, 77:22, 77:23, repave 63:17 ride 38:3 says 42:3, 42:8, 77:24 repay 65:14 River 19:24, 20:2, 45:10, 46:20, 58:1, shop 20:19 REPORT 1:6, 15:23, 20:20, 27:5, 36:22, 63:4, 66:22, 70:7, Shorthand 81:8, 26:20 38:10, 40:1 81:7 81:10, 81:13 reported 25:7, 81:10 riverfront 32:8 scenario 36:5 show 67:10, 67:15 Reporter 81:8 Riverwalk 63:17 scheme 42:5 showed 19:7 represent 4:22 Road 1:9, 3:19, 3:19, school 5:18, 11:11, shown 12:9 representing 4:15 5:11, 5:11, 5:12, 7:9, 37:5, 55:23, 57:23, shows 46:7 request 3:12 7:21, 8:7, 8:11, 8:17, 58:3, 58:4 side 69:4 requesting 10:15 8:18, 8:20, 8:21, schools 26:8, 26:19, sides 63:18 require 57:4, 65:6 8:24, 9:2, 9:4, 9:6, 55:16, 55:23, 58:1, sidewalks 43:3 requirements 56:24 10:14, 10:19 58:15, 58:15 signage 8:14, 8:19, requires 27:20, roads 22:24, 25:12, Schoppe 19:10 8:19, 8:20, 20:16 31:17, 46:21 77:13, 77:15 SEC 6:13 simply 61:11 Residence 3:16 ROATE 47:15, 47:15, Second 3:9, 3:22, single-family 27:18, resident 15:15, 69:4 47:19, 47:22, 48:1, 9:20, 13:8, 14:8, 31:19 Residential 5:5, 48:10, 49:2, 49:5, 18:20, 35:8, 40:23, Sir 22:10, 35:14, 6:11, 19:22, 20:10, 49:10 72:4, 79:8 35:21, 36:15, 38:23, Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 93 May 23 , 2006 44:1, 49:12, 49:22, spend 20:18, 60:9, streets 19:5, 40:10, 15:24, 16:14, 17:2, 52:23, 54:19, 71:6 61:3, 62:3 63:20 17:21, 20:21, 21:11, sit 39:13, 63:10 spending 51:20 streetscape 43:3 21:22, 23:5, 23:6, site 7:14, 10:21, spends 60:10 stress 41:18 23:22, 24:7, 24:10, 21:5, 30:3, 34:4, spent 19:12, 59:9, strictly 65:1 24:11, 24:21, 25:17, 34:18, 74:8 59:11, 59:13, 66:3 strong 19:24, 75:22 28:21, 29:9, 29:15, sites 18:3, 32:18, spiffing 46:2 stronger 19:23 33:3, 39:7, 41:5, 32:22, 72:6, 75:14 spur 26:16, 29:1, structure 24:19, 41:23, 43:13, 55:8, sitting 65:20, 71:18, 40:16 24:22, 41:3 55:11, 55:14, 55:18, 72:2 spurring 65:9 structures 40:17, 57:18, 59:10, 64:9, situation 33:8 spurs 40:13 67:24 75:1 six 10:12, 77:1 ss 81:2 studies 49:24 taxable 32:23 size 61:12 stabilize 19:19, 32:3 study 18:16, 31:3, taxes 11:16, 22:20, small 52:14 staff 6:1, 10:11, 13:1 77:7, 77:11 24:13, 25:10, 25:11, so-called 63:1 stage 52:19 Stuepfert 6:13 25:18, 25:22, 25:24, sold 48:18, 48:18 standard 49:9, stuff 36:23, 37:5, 26:3, 40:20, 41:19, solely 61:2 70:19, 70:23 37:9, 57:15, 57:18 41:21, 42:17, 46:2, Somebody 54:6, standing 45:6, subdivision 27:14 51:16, 78:5, 78:6 58:12, 61:20, 66:22, 45:23, 56:6 subject 31:24 taxing 11:18, 15:21, 68:22, 70:6 standpoint 24:8, subsidies 55:15 22:1, 26:10, 26:19, someone 41:2, 61:14, 67:5 subsidize 42:17 28:23, 33:10, 33:11, 45:13, 47:1, 52:10, start 51:10, 64:14, subsidy 57:1, 57:3, 41:16, 71:21 53:15, 60:16, 61:17, 71:19 57:4, 57:5 taxpayer 50:7, 51:23 64:12, 67:17, 67:18, started 38:8, 64:17 substantially 31:13 taxpayers 37:1 68:24 starts 16:12 suggest 66:10, tear 67:2 sometimes 57:2 State 4:15, 6:23, 66:11 tearing 23:2 Sorry 8:5, 19:11, 17:23, 18:18, 22:11, supporting 31:3 technical 17:19 27:8, 43:23, 44:22, 22:23, 23:1, 25:13, suppose 60:22 ten 25:19, 48:22, 78:1 27:7, 30:1, 35:9, supposed 36:23, 66:12 sound 71:4, 76:14 51:13, 51:19, 53:3, 37:2 Teresa 3:8, 3:11 sour 36:1, 36:2, 73:17, 74:19, 81:1, supposedly 40:4 term 18:23, 32:1, 36:3, 36:6 81:8 surrounding 6:9 33:19, 33:21 source 18:5 stated 52:3, 72:5 survival 55:9 terms 18:17, 20:5, south 5:12, 6:11 statement 62:9, 67:7 suspicious 39:8, 29:9, 29:16 southeast 3:19 States 69:5 39:10, 61:5 testified 4:18, 7:2, southern 5:20 statute 9:13, 30:1, sustain 75:3 15:3, 16:19, 22:16, SPEARS 2:8, 3:21, 69:13 sustaining 74:24 24:3, 27:2, 35:17, 4:9, 4:10, 13:7, statutes 18:19 sworn 81:7 39:2, 47:20, 49:18, 13:17, 13:18, 14:8, stay 20:18 synonymous 60:3 53:9, 59:4 14:17, 14:18, 79:8, step 42:14, 45:9, synopsis 16:14 testimony 5:8, 6:15, 79:15, 79:16 69:18, 6.9:18 system 77:14, 77:15 6:21 special 11:15, 25:6 steps 41:13, 66:12 Thanks 53:1 specific 23:20, 25:7, stimulate 21:18, theory 43:10 61:17 33:4 < T > thereby 43:12 specifically 9:1, storefront 24:20 talked 34:22, 37:20, thorough 15:21 16:7, 53:21, 55:22, strategies 32:2 41:11 though 54:2, 66:2 60:14, 70:7 Street 19:3, 32:13, tape 79:4 three 10:12, 24:14, spell 67:23, 68:1 37:15 Tax 14:5, 15:6, 41:12 Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 94 May 23 , 2006 throughout 10:22, 34:1, 34:3, 34:7 utilize 36:11 wage 55:12 17:23, 74:10, 74:19 utilized 25:7, 40:16 wait 22:6 throw 46:14 walk 20:19 tie 63:23 wanted 11:20, 60:7 Tifs 26:22 ultimately 18:6, <V > wanting 22:21 today 30:11, 36:11, 23:21, 25:15, 29:10, vacancies 30:2 wants 62:6 42:4 38:10, 50:8 vacancy 77:4, 77:19 wash 9:20 Tonight 5:7, 6:12 understand 26:5, vacant 23:9, 23:10, water 40:9, 63:20 took 23:9 46:1, 51:14, 51:22, 24:18, 24:18, 27:16, ways 25:7 tool 17:22, 18:21, 62:2, 64:3, 64:8, 32:22, 42:1, 72:6, weeks 13:2, 71:18 20:23 66:6, 67:8, 71:8, 72:10, 73:9, 76:6, welfare 67:13 tools 18:1, 36:11 74:20 78:3 well-kept 33:1 top 35:23 understanding Valley 7:6 West 4:22, 6:11, total 33:17, 34:14 57:12 valuable 25:21 27:11, 72:9, 73:17, towards 59:18 understood 60:8 valuation 23:14, 73:19 town 37:1, 37:12, undertake 34:1, 23:21, 30:4, 32:7, whatever 60:18, 37:13, 51:24 41:24 57:15 60:19, 61:16 townhomes 27:15, undertook 18:9 valuations 21:21, WHEREOF 81:16 34:13 underutilized 32:22, 32:5 WHEREUPON 4:16, Township 3:20 34:17, 72:6, 72:11, value 21:9, 21:10, 6:24, 15:1, 16:17, traffic 76:4 73:9 23:18, 26:4, 52:4, 22:14, 24:1, 26:24, trail 38:8 UNIDENTIFIED 71:7, 52:5, 52:15, 52:21, 35:15, 38:24, 47:18, trails 38:19, 43:3 72:3, 72:21, 73:2, 63:6, 74:24 49:16, 53:7, 59:2 transcribed 1:7 73:7, 73:16, 74:4, values 26:2, 64:9 whether 24:15, 61:4, transcript 81:13 74:11 Van 19:4, 63:19, 68:14, 70:23 Treasurer 2:10 uniform 61:6 73:17 whoever 48:1 trees 28:1, 28:4, United 1:2, 2:16, various 5:22, 42:12, whole 30:5, 32:7, 28:14, 48:3 3:13, 3:14, 69:5 42:13, 62:19, 74:15 32:21, 71:23, 74:17, trends 32:4 units 31:17, 34:15, vehicle 22:7 76:10 triangle 7:8, 7:16 58:5 versus 70:10 wide 64:2 tried 71:5 Unless 23:19, 28:2, vested 7:10 will 8:10, 10:6, trigger 23:17 41:19, 41:21, 42:18, viability 19:20, 20:7, 10:10, 10:13, 10:21, trouble 74:22 49:8 74:23 10:24, 11:2, 12:20, true 39:15, 81:12 until 22:6, 23:1, village 54:20 12:21, 13:1, 16:13, Trust 3:10, 3:11 53:19, 64:20 Vince 4:17, 4:20 16:15, 17:12, 17:13, trying 38:10, 62:16, updating 32:17 violations 68:3 17:17, 24:7, 24:8, 66:21 upfront 43:5 vision 18:9, 19:7, 31:13, 32:18, 35:5, turn 6:15, 41:11, upgrade 43:7 19:8, 31:12, 31:22, 43:6, 43:8, 44:23, 67:17 upgrades 43:3 34:9, 59:24, 73:22, 45:3, 45:13, 48:4, turned 8:4 urban 16:23, 20:13 74:2, 74:5, 75:6, 48:4, 51:12, 56:16, tw 24:17, 41:12 uses 5:19, 5:23, 6:3, 75:17, 75:17, 75:21, 62:3, 64:9, 67:6, 70:7 twice 16:9, 41:1 6:4, 6:8, 6:9, 6:11, 75:23, 76:2 WILLIAM 2:10 Two 3:3, 8:13, 9:19, 9:17, 10:11, 10:12, visualize 10:17 wind 68:8 17:6, 18:14, 24:13, 20:9, 20:10, 20:11, VITOSH 1:8, 81:6, window 68:5 42:10, 47:16, 51:16, 21:14, 30:17, 30:23, 81:23 wish 6:22 70:11, 72:9, 73:19 30:24, 31:23, 32:19, Within 9:7, 9:15, type 60:17 34:19, 58:13 11:18, 15:15, 16:2, types 29:22, 31:1, using 43:15 < W> 20:12, 21:15, 22:4, Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 95 May 23 , 2006 23:10, 24:9, 30:17, 2:17, 3:6, 3:13, 3:15, 31:18, 31:20, 32:11, 4:18, 4:24, 5:1, 5:2, 32:19, 33:15, 34:15, 6:6, 7:2, 11:12, 15:3, 39:6, 40:17, 43:19, 15:7, 16:19, 16:24, 53:13, 57:4, 58:5, 19:21, 20:4, 22:16, 58:22, 66:20, 68:4, 24:3, 25:17, 27:2, 73:23, 74:2, 74:16, 29:7, 30:8, 31:11, 77:18 35:17, 39:2, 47:20, without 29:13, 49:18, 53:9, 56:5, 29:16, 30:18, 45:21, 56:18, 57:13, 59:4, 62:24, 68:4, 70:18 67:14, 70:2 WITNESS 81:16 wondering 72:8 wooded 27:17 < Z > word 72:7, 74:9 zero 40:2, 69:7 words 29:14, 49:2 zoned 11:13, 12:22 work 7:14, 36:14, zoning 5:4, 5:5, 5:6, 38:10, 43:4, 45:10, 5:22, 10:15, 10:15, 47:7, 57:18, 64:15 30:12, 31:11 worked 17:5, 18:14, 57:11 Working 27:21, < Dates > 51:13, 65:23 may 23, 2006 1:8, works 26:6 1:8, 1:8 worse 36:5 worst 71:5 written 44:24, 50:22, 71:12, 71:16 wrote 54:16, 55:1 WYETH 2:15, 11:17, 11:22 <Y> yards 71:24 year 18:10, 24:14, 24:22, 40:23, 77:3, 77:18 years 17:8, 18:24, 20:3, 21:17, 25:19, 31:24, 48:21, 48:22, 69:9, 71:13, 72:1, 77:1, 77:5 yellow 25:8 Yep 57:7 YMCA 7:6, 7:7, 9:4, 10:7 Yorkville 1:2, 1:10, Depo Court Reporting Service ( 630 ) 983-0030 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE No. 2006- ORDINANCE AMENDING CITY CODE TITLE 1 —ADMINISTRATION, CHAPTER 5—MAYOR AND CITY COUNCIL REGARDING DISSEMINATION OF INFORMATION Whereas the United City of Yorkville has taken up, discussed and considered amending the City Code (Title and Chapter as referenced above) regarding dissemination of information, and Whereas the Mayor and City Council have discussed that it may be prudent to amend Title 1 -- Administration, Chapter 5 —Dissemination of Information by adding Section 1-5-5 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 1 -- Administration, Chapter 5 —Dissemination of Information of the City Code of the United City of Yorkville is hereby amended by adding Section 1-5-5, 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 I United City of Yorkville AL Oft 800 Game Farm Road Eff. 1 ®1936 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 <CE Amendment to the United City of Yorkville City Code Title 1, Chapter 5 1-5-5 Dissemination of Information A. Realizing that it is in the best interest of a municipality to have informed representatives making decisions based on all available information, and that it is in the best interest of a municipality to have an informed electorate,the following have been enacted: 1. The aldermen of the United City of Yorkville,together and independently,have the right to request and receive existing information relating to all areas of City business from any appropriate city official or appropriate employee. Such information should be received by the alderman or aldermen making the request within five working days after the request has been made. Any employee, official or department head who refuses to comply with the request for information, or willfully obstructs or retards the dissemination of such information,will be found to be derelict in his or her duties, and may face disciplinary action or termination. 2. The Corporate Authorities as a body have the sole right to determine what information will be made available to the public,based on the Illinois Freedom of Information Act as interpreted by the Attorney General of the State of Illinois. 52 Wheeler Road • Sugar Grove, IL 50554 TEL: 630/466-9350 FAX: 630/466-9380 www.eeiweb.com Engineering Enterprises, Inc. September 21, 2006 Mr. Joseph A. Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Schramm Property Annexation Plat Review United City of Yorkville, Kendall County, Illinois. Dear Mr. Wywrot: We have reviewed the following submitted material for the referenced Annexation Plat submittal: ➢ Plat of Annexation prepared by R B & Associates Land Surveyors, Inc. dated September 14, 2006. We offer the following comments: 1. The legal description of the parcel being annexed should also include that part of Rte. 30 lying adjacent to and north of the north line of the parcel of land being annexed and should be depicted this way on the face of the plat. 2. The Surveyor's Certificate should incorporate the standard language approved by the United City of Yorkville. This information is available in electronic format by contacting the undersigned. If you have any questions regarding the above or require additional information please contact our office. Consulting Engineers Specializing in Civil Engineering and Land Surveying Sincerely, ENGI EERING ENTERPRISES, INC. William E. Dunn, P.E. Senior Project Manager Mark cheller, P.L.S. Senior Project Surveyor p.c.: Bart Olson, Assistant City Administrator Travis Miller, Community Development Director Charley Wunder, Urban Planner Lynsey Johnson, Administrative Assistant Ronald Bauer, RB &Assiciates JWF/JTW- EEI GAPublic\Yorkvi11e12004\Y00447 Schramm Property(Rte.47&Rte.30)\docs\lwywrolPlatof Annex0l.doc ac Revised September 22, 2006 STATE OF ILLINOIS ) )SS COUNTY OF KENDALL ) ANNEXATION AGREEMENT OF ESTATE OF DONALD B. SCHRAMM AND THE UNITED CITY OF YORKVILLE This Annexation Agreement(hereinafter"Agreement"),is made and entered into this_day of 2006,by and between the UNITED CITY OF YORKVILLE,a municipal corporation,hereinafter referred to as: "CITY"and the Estate of DONALD B. SCHRAMM,hereinafter referred to as"OWNER". "DEVELOPER'shall be any person or entity that shall seek to make improvements upon the Property. WITNESSETH WHEREAS, OWNER own fee simple title to the real property which is legally described in Exhibit"A"attached hereto,consisting of approximately 182.25 acres,more or less (hereinafter"PROPERTY"); and WHEREAS,it is the desire of OWNER to provide for the annexation of the subject real PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; and to provide that when said PROPERTY is annexed zoning will be granted at that time; and OWNERS propose that the PROPERTY be rezoned as a Planned Unit Development as depicted on the zoning plat attached hereto and incorporated herein as Exhibit"B",to be developed with J single-family detached, townhomes, two-family, and apartment residences and a commercial area with the B-3 permitted uses as depicted on the Concept PUD Plan dated September 22,2006 attached hereto and incorporated herein as Exhibit"C'; and WHEREAS,it is the desire of the CITY to annex the PROPERTY and facilitate its development pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS,OWNER and CITY has or will perform all acts and execute all documents required by law to effectuate such annexation; and WHEREAS, it is the intent of OWNER to utilize the regional stormwater management system located north of Galena Road and south of Galena Road for the subject PROPERTY; and WHEREAS, all notices required by law relating to the annexation of the PROPERTY to the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such 1 Revised September 22, 2006 hearing thereon all as required by the provisions of the Illinois Compiled Statues; and WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to annexation all as required by the provisions of the CITY's Ordinances and Illinois Compiled Statutes; and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNER and the CITY have agreed to execute all petitions and other documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 15.1-5,inclusive,relating to Annexation Agreements, the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the subject PROPERTY and to provide for various other matters related directly or indirectly to the annexation of the PROPERTY in the future, as authorized by, the provisions of said statutes; and WHEREAS,pursuant to due notice and publication in the manner provided by law,the appropriate zoning authorities of the CITY have had such public hearing and have taken all further action required by the provisions of 65 ILCS 5/11-15-1.3 and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Agreement by the CITY. J NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois,the parties agree as follows: 1. ANNEXATION. OWNER has filed with the Clerk of the CITY a duly and properly executed petition pursuant to, and in accordance with the provisions of 65 ILCS 5/7-1-1 et seq. to annex the PROPERTY and any adjacent roadways not previously annexed to the United City of Yorkville. 2. ZONING A. Contemporaneously with the Annexation of the subject PROPERTY, the CITY shall adopt an ordinance amending the provisions of the United City of Yorkville Zoning Ordinance so as to provide that the PROPERTY shall be classified as a Planned Unit Development as depicted on the zoning plat attached hereto and incorporated herein as Exhibit`B",to be developed with single-family detached, townhomes, two-family, and apartment residences and a commercial area with the B-3 permitted uses as depicted on the Concept PUD Plan attached hereto and incorporated herein as Exhibit"C". 2 Revised September 22,2006 B. Contemporaneously with the Annexation of the PROPERTY, the CITY shall, if necessary, amend its Comprehensive Plan to provide for the uses on the PROPERTY that are reflected in this Agreement. C. The CITY and OWNER agree that the PROPERTY shall be developed in substantial compliance with the ordinances of the CITY in effect at the time of passage of this agreement by the City Council of the UNITED CITY OF YORKVILLE, for a period of five(5)years from the date of approval of the final plat.After the expiration of said five (5)year time frame, if there have been changes in Subdivision Control Ordinances or Fee Ordinances,the same shall be applied to the subject property as duly passed by the UNITED CITY OF YORKVILLE. D. The CITY shall allow the`Multi-Family/Condo' land use area depicted by the Concept PUD Plan(Exhibit"C") be converted to `Commercial' and allow uses permitted within the B-3 zoning classification without further action or approval of City Council. E. The City has adopted the International Building Code,which is updated approximately every three years. The building codes for the CITY in effect of the date of the building permit application will govern any and all construction activity within the Subject Property. F. SPECIAL PROVISIONS for DESIGN STANDARDS: r The below design standards are in addition to the required standards of the CITY regulated by the City's Appearance Code (Title 8, Chapter 15). 1. Single-Family Detached Residential Unit Design Standards: a. Masonry products* shall be incorporated on the front facade* of 75% of the total units. b. A minimum of 75% of the front facade* of each building shall incorporate masonry products*. A 10% reduction of the required masonry area will be given for each major architectural feature on the front facade. c. A minimum of 50% of each building elevation shall incorporate premium siding material* d. Primary structures shall be constructed upon either a basement or foundation— `slab' construction shall not be used. 2. Single-Family Attached Residential Unit Design Standards: a. Masonry products* shall be incorporated on the front facade* of 100% of the total townhome buildings. b. A minimum of 50% of the front facade* of each building shall incorporate masonry products*. 3 Revised September 22, 2006 c. A minimum of 50% of each building elevation shall incorporate premium siding material*. d. Each unit shall include two (2)enclosed parking spaces. 3. ANNEXATION TO SANITARY DISTRICT OWNER agrees to file the necessary petitions and agreements to request annexation and sanitary sewer service for the PROPERTY from the applicable sanitary district indicated on the Facility Plan Area for the applicable sanitary district and the City agrees the cost of the Facility Plan Area is included within the annexation planning process as outlined in Section 4.1 as reimbursable or deferred until final plat approval. 4. DONATIONS AND CONTRIBUTIONS A. The DEVELOPER shall pay a School Transition Fee as set out in the applicable City Ordinance at the time of execution of this Agreement as to School Transition fees per residential dwelling unit in said subdivision, to the Yorkville Community School District, City Development fees per residential dwelling unit to the United City of Yorkville, and other fees to the United City of Yorkville in conformance with the City Ordinances or as modified herein. Said Transition, development, and other fees shall be paid per residential dwelling units concurrent with and prior to the issuance of each respective subject residential building permit. Said fees are being paid voluntarily and with the consent of OWNERS and any DEVELOPER based 1 upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. The CITY agrees that the amount of fees including, but not limited to water connection fees, sewer connection fees, development fees, capital contribution fees and school transition fees to be paid by OWNER or any DEVELOPER shall consist of the fee enacted at the time of execution of this Agreement for a period five (5)years from the approval of the final plat for the property by the United City of Yorkville. Upon the expiration of the five(5)year period OWNER and/or any DEVLOPER shall be pay the current fee as enacted by Ordinance by the United City of Yorkville. The OWNER knowingly waives any claim or objection as to amount of the specific fees negotiated herein voluntarily.No School Transition Fees, or School-Park Land Cash Fees shall be charged on any real property zoned for business purposes under the terms of this Agreement. B. DEVELOPER shall pay all school and park land-cash fees as required under existing City Ordinances. DEVELOPER shall be subject to the requirements under existing City Ordinances for a period of five (5)years from the date of the Agreement. Thereafter, DEVELOPER will be required to pay the amount existing at that time. C. It is understood and agreed between the parties hereto that the Property and each Phase and Parcel may continue to be used and occupied(without any change or 4 Revised September 22, 2006 alteration)for the current uses of the existing OWNER of the Property and/or as are permitted in the current zoning classifications. D. THE UNITED CITY OF YORKVILLE agrees to abate Real Estate Taxes for, the City's portion of the City and Library Real Estate Taxes as to the subject parcel. The abatement will occur until the development of the property or upon a Final Plat of Subdivision being recorded for any portion of the subject real property whichever is earlier. E. Owner shall not be required by THE UNTIED CITY OF YORKVILLE to connect to the city water or Sanitary Sewer System as a result of entering into this annexation Agreement. F. In the event City water and sewer are unavailable at the time Owner desires to develop the subject property, the City will give consideration to a request for a variance from its subdivision Control Ordinance for use of private well and septic systems. In determining the applicability of such a variance for the subject parcel,the City shall consider soil types,density,intended use of the development, and proximity of the subject parcel for extension of sanitary sewer and water mains, as well as capacity of those municipal and sanitary district systems. G. Upon annexation,police protection; 911 service, and library service will be provided by the City at no charge to Owner. H. The City will not require the Owner annex to Yorkville Bristol Sanitary District or other applicable sanitary district,until platting or a building permit seeking to connect to the City sewer system is sought by Owner. I. The UNITED CITY OF YORKVILLE will provide, through its Engineer or Planner, an initial concept plan,if so desired,to the property owner. City agrees that in consideration of Owner voluntarily entering into this Annexation Agreement,the City at its expense shall pay all of its Consultants, all publication, application, annexation and recording fees for the Annexation and Zoning of the subject property, planning, including Facility Plan amendment to the JEPA, plus other costs directly related to the annexation platting and recording of the annexation agreement and shall at City expense,prepare an Annexation Plat thereof and all necessary Ordinances. J. The CITY will cooperate with OWNER in obtaining all necessary governmental approvals including, without limitation, the approval of the Illinois Department of Transportation("IDOT") access permits and right-of-way connections to the Property or any Parcel or Phase thereof. Subject to the terms of the Agreement, OWNER shall dedicate to the CITY all necessary on-site right-of-ways,and construct all on-site public right-of-way improvements for the Property and all roadways as shown on the Site Plan. The CITY will support the application of access permits for one (1) full access and one (1)right-in/right-out access request along Route 30 and one(1)full access and one (1)right-in/right-out access along Route 47. 5 Revised September 22, 2006 K. That the OWNER agrees to cooperate in the compliance with the United City of Yorkville Landscape Ordinance and specifically to allow the CITY to complete the necessary vegetation and tree survey for the PROPERTY pursuant to the aforementioned Ordinance. Furthermore,the OWNER agrees to cooperate in the incorporation of stream enhancements along the entire length of the Rob Roy Creek that promote naturalization and improved fish species habitat such as creating native wooded buffers, when the property is developed. L. Within 30 days of a written request from the United City of Yorkville,which includes legal descriptions and exhibits as necessary,the OWNER or DEVELOPER shall grant permanent and temporary construction easements as necessary for the construction of extension of City utilities and appurtenances and/or other utilities to serve the subject property and other properties within the City of Yorkville. Such request for easements shall have no impact on any previously entitled land development density. OWNER and/or DEVELOPER shall be enabled to comment on the location of any said easement and CITY shall locate said easement so as to minimize the impact to any proposed development plan. M. Within 30 days of a written request from the United City of Yorkville,which includes legal descriptions and exhibits as necessary,the OWNER or DEVELOPER shall convey by Warranty Deed, fee simple title of future highway or road right of way to the State of Illinois,Kendall County or the United City of Yorkville as necessary,regardless of whether or not these right of way needs have been previously identified in this agreement. Such request for conveyance of right of way shall have no impact on any previously entitled land development density and the OWNER/DEVELOPER will receive compensation at fair market value for such dedications for areas greater than the requirements set forth by the Subdivision Control Ordinance for a road classification. 5. TIME IS OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence in this Agreement, and that all parties will make every reasonable effort to expedite the subject matter hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 6. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including,but not limited to,successor owners of record, successor developers, lessees and successor lessees, and upon any successor municipal authority of the CITY and successor municipalities for a period of twenty(20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. 6 I Revised September 22, 2006 7. NOTICES AND REMEDIES. Nothing contained herein shall require the original named OWNER in this Agreement to undertake any of the development obligations in this Agreement;those obligations being the responsibility of the DEVELOPER of the subject parcel and/or future OWNER of the subject parcel of real property. Upon a breach of this Agreement, any of the parties in any court of competent jurisdiction,by any action or proceeding at law or in equity,may exercise any remedy available at law or equity. Before any failure of any party of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement,the party claiming such failure shall notify in writing,by certified mail/return receipt requested,the parry alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. Notice shall be provided at the following addresses: CITY: UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 City Attorney: John Wyeth, City Attorney f 800 Game Farm Road Yorkville, IL 60560 OWNER OWNER'S ATTY: 8. AGREEMENT TO PREVAIL OVER ORDINANCES. In the event of any conflict between this Agreement and any ordinances of the CITY in force at the time of execution of this agreement or enacted during the pendency of this agreement, the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency. 10. It is specifically understood and agreed that OWNER and its successors and assigns shall have the right to sell,transfer, mortgage and assign all or any part of the PROPERTY or any Phase or Parcel and the improvements thereon to other persons, 7 Revised September 22, 2006 trusts,partnerships, firms, or corporations for ownership, operation, investment,building, financing, developing, construction and all such purposes, and that said persons, trusts, partnerships, firms or corporations shall be entitled to the same rights and privileges and shall have the same obligations as OWNER has under this Agreement, and upon such transfer, such obligations relating to that part of the PROPERTY sold,transferred, mortgaged or assigned shall be the sole obligation of the transferee, except for any security posted by OWNER on any subdivided or unimproved property for which an acceptable substitute security has not been submitted to the CITY,and transferor shall be relieved of all duties and obligations hereunder relating to that portion of the PROPERTY,Phase or Parcel so sold, transferred or assigned, without limiting the foregoing provisions of this Section. 11. PARTIAL NVALIDITY OF AGREEMENT. If any provision of this Agreement(except those provisions relating to the requested rezoning of the PROPERTY identified herein and the ordinances adopted in connection herewith), or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect the application or validity of any, other terms, conditions and provisions of this Agreement and,to that end, any terms, conditions and provisions of this Agreement are declared to be severable. If, for any reason during the term of this Agreement, any approval or permission granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY agrees to take whatever action is necessary to reconfirm such plans and zoning Jordinances effectuating the zoning,variations and plat approvals proposed herein. 12. USE OF PROPERTY FOR FARMING/ZONING. Any portion of the PROPERTY,which is not conveyed or under development as provided herein,may be used for farming purposes,regardless of the underlying zoning. IN WITNESS WHEREOF, the parties have executed this Annexation Agreement the day and year first above written. CITY: THE UNITED CITY OF YORKVILLE By: MAYOR Attest: CITY CLERK OWNER: DONALD B. SCHRAMM 8 EXHIBIT A PARCEL 3:. THAT PART OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING DESCRIBED BY COMMENCING AT THE CENTER-OF SAID SECTION 4; THENCE SOUTH 87 DEGREES 57 MINUTES 28 SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER SECTION, 1428.37 FEET;THENCE NORTH 0 DEGREES 22 MINUTES 20 SECONDS WEST A DISTANCE OF 232.35 FEET; THENCE SOUTH 69 DEGREES 01 MINUTES 00 SECONDS EAST OF 275.80 FEET TO THE WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47 FOR THE POINT OF BEGINNING; THENCE WESTERLY ALONG THE LAST DESCRIBED COURSE A DISTANCE OF 15.35 FEET TO THE CENTERLINE OF ROB ROY CREEK,THENCE NORTH 1 DEGREE 24 MINUTES 14 SECONDS EAST ALONG THE CENTER LINE OF SAID CREEK,A DISTANCE OF 300.01 FEET TO A POINT OF BEND; THENCE NORTH 1 DEGREE 43 MINUTES 41 SECONDS WEST ALONG SAID CENTERLINE OF CREEK A DISTANCE OF 178.98 FEET TO A POINT OF BEND; THENCE NORTH 4 DEGREES 28 MINUTES 30 SECONDS WEST ALONG SAID CENTERLINE OF CREEL(TO A POINT OF BEND;THENCE NORTH 5 DEGREES 39 MINUTES 22 SECONDS EAST ALONG SAID CENTERLINE OF CREEK A DISTANCE OF 81.24 FEET TO THE SOUTH LINE OF COMMONWEALTH EDISON RIGHT OF WAY; THENCE NORTH 87 DEGREES 57 MINUTES 16 SECONDS EAST ALONG SAID RIGHT OF WAY A DISTANCE OF 71.14 FEET TO SAID WESTERLY RIGHT OF WAY OF ILLINOIS ROUTE 47; THENCE SOUTH ALONG SAID RIGHT OF WAY,A CURVE TO THE LEFT HAVING A RADIUS OF 8962.22 FEET A DISTANCE OF 756.89 FEET TO THE POINT OF TANGENCY OF SAID CURVE;THENCE SOUTH 0 DEGREES 11 MINUTES 32 SECONDS EAST A DISTANCE OF 3.29 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 28 SECONDS WEST A DISTANCE OF 10.00 FEET; THENCE SOUTH 0 DEGREES 11 MINUTES 32 SECONDS EAST A DISTANCE OF 129.72 FEET TO THE POINT OF BEGINNING ALL IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. PAd CEL 4: THAT PART OF THE NORTH HALF OF SECTION 4,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 4 FOR THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 57 MINUTES 28 SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTH HALF OF SECTION 4, 1426.37 FEET; THENCE NORTH 0 DEGREES 22 MINUTES 2C SECONDS WEST 232.35 FEET; THENCE SOUTH 89 DEGREES 01 MINUTES WEST 170.60 FEET TO THE EASTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47; THENCE NORTH 0 DEGREES It MINUTES 24 SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, 131.55 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 8567.22 FEET;THENCE NORTHERLY ALONG SAID CURVED RIGHT OF WAY LINE, 1871,17 FEET TO A POINT OF TANGENT OF SAID CURVE; THENCE NOR i'H 12 DEGREES 19 MINUTES 18 SECONDS EAST ALONG SAID TANGENT 113.54 FEET TO A POINT OF BEND IN SAID RIGHT OF WAY; THENCE NORTH 40 DEGREES 43 MINUTES 59 SECONDS EAST ALONG SAID RIGHT OF WAY, 8.63 FEET TO A POINT OF BEND IN SAID RIGHT OF WAY LINE; THENCE NORTH 14 DEGREES 55 MINUTES 44 SECONDS EAST ALONG SAID RIGHT OF WAY LINE, 294.38 FEET TO A POINT OF BEND IN SAID RIGHT OF WAY LINE; THENCE NORTH 0 DEGREES 49 MINUTES 06 SECONDS EAST 352.75 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 30; THENCE NORTH 78 DEGREES 2S MINUTES 26 SECONDS EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE, 219.10 FEET; THENCE NORTH 89 DEGREES 04 MINUTES EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE 2276.94 FEET TO THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 4, THENCE SOUTH 1 DEGREE 17 MINUTES 27 SECONDS EAST ALONG SAID EAST LINE 2951.60 FEET TO THE SOUTHEAST CORNER OF THE WEST HALF OF SAID NORTHEAST QUARTER OF SECTION 4, THENCE SOUTH 87 DEGREES 57 MINUTES 79 SECONDS WEST ALONG SAID SOUTH LINE 1324.92 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PART DEEDED TO COMMONWEALTH EDISON COMPANY FOR RIGHT OF WAY, ALL IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS, PARCEL 5: THAT PART OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING, DESCRIBED BY COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 4, THENCE NORTH 89 DEGREES 08 MINUTES 10 SECONDS EAST ALONG THE NORTH LINE OF SAID SECTION 4 A DISTANCE OF 1370.66 FEET TO A POINT IN THE CENTERLINE OF ROB ROY CREEK FOR THE POINT OF BEGINNING; THENCE EASTERLY ALONG THE LAST DESCRIBED COURSE A DISTANCE OF 7.92 FEET TO THE WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47; THENCE SOUTH ALONG SAID RIGHT OF WAY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 9509.34 FEET A DISTANCE OF 654.90 FEET TO THE POINT OF NON-TANGENCY OF SAID CURVE WHOSE CURVE BEARS SOUTH 10 DEGREES 01 MINUTES 43 SECONDS WEST A DISTANCE OF 654.77 FEET; THENCE SOUTH 12 DEGREES 19 MINUTES 18 SECONDS WEST A DISTANCE OF 199.17 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT" HAVING A RADIUS OF 6652.22 FEET; THENCE SOUTHERLY ALONG SAID CURVED RIGHT OF WAY A DISTANCE OF 627,93 FEET WHOSE CHORD BEARS SOUTH 9 DEGREES 15 MINUTES 16 SECONDS WEST A DISTANCE OF 927.54 FEET TO THE NORTH LINE OF COMMONWEALTH EDISON RIGHT OF WAY;THENCE SOUTH 87 DEGREES S7 MINUTES 16 SECONDS WEST ALONG SAID RIGHT OF WAY A DISTANCE OF 70.57 FEET TO THE CENTERLINE OF SAID ROB ROY CREEK; THENCE NORTH 5 DEGREES 39 MINUTES 22 SECONDS EAST ALONG SAID C.tNTERLINE OF CREEK A DISTANCE OF 125,73 FEET TO A POINT OF BEND; THENCE NORTH 12 DEGREES 21 MINUTES 10 SECONDS EAST ALONG SAID CENTERLINE OF CREEK A DISTANCE OF 1670.51 FEET TO THE POINT OF BEGINNING ALL IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. PLAT OF ANNEXATION KANT COUNTY - - SlE DmEnTAmI•L^A^- - -- - .�.-- - - KnN E COUNTY BASELINE ROAD s N" r w 1exw Y RBA-- �4— _ _ _ _ — — — — — — 'N x. KENDALL COUNTY w KENDALL COUNTY F „eE N L WiN A_ UTA. LEGAL DESCRIPTION z2W a40V ba s o' j� i°uowA;ro ouvro�Ai,uzcexru DF AaMi¢rnm.wATrD SCALE 1"^300' � wl ,�$ v°enaFViomxga LmvrxnveexgHUlwnrAia bM k Eesauwwinuavoia<wvnNnrtuiTF.mrmmxAUOi I I �r F�m..rr.�,u�FifsTMxcfxvemvMnMgnAmAmfw Larr:mmneoxm Loacwaq Agvma Women .xe x°vmxuaav,'Iuuvm LEGEND en°° a wLK;u uunvuvewvmuaxrrswAVln¢ ° FOUNDJRONPTF ewwLm¢ .rmAxc A 9 ° SETI AONFIR E �im[Oo.0 Ai°i grts«ei,i H1mAum°ivim Allw v T nleOea¢iFmcmoxxwwmwcwrmort.uvFu wa°woaeaAApmvmL w;rrawoxLxr"eoxeimnwcnan.,n [l m w I FOUND CONCR EE R.OW.M ONUM AD $,nMa 0°f �1` b I /V 6 Qpw✓ 1' a1r�iMuxOYeP rar imrt'gb c_O rs'P lemYwnI�:D tHr wwi�w gAev.m,fMrMM[allerai®edcvM A,,m uMr r rr6vxMLLrAaLLOY via wOOwE'F N annV*.rnILPFrzmlgM«Arawcm1rtv 4MAW[rz:nxw LAmnl,°xH.YhwxFlnwF etTmA[DMW1:m ee6Fnuw4LNr WmarxCnoAry m¢ wrr N-A FOUND RAiLROADSPIXE -TDwro AY SETAR. OR P.K.NAIl FOUND P.K.NAIL S SEEMML^E^ mm E%RT.CYLj MT u']M°DA LLmx e xi ¢Vm r il .l, I �tmA F dnJ I 1p1 LDDIx nre°PVA nuM°TU"AfrowFwvrnwwvAweDVm I.wE nv.,tiettro uTIMOIXChYFU'OngPwpD,1 ,' or°w:+A°uiwnre�r °Fmroxiq:vourmre°xw°xr DETAIL rowxewmxwrq,uxou.vvwNrr,vJ�.nic I 1.5643 DETAIL NBN ti Dnmr M wf o Rw En 11CNF9 nxrvui FmswmrvssigromMFR1°M<vuH wgx�,TOroMiMn d — c ° .wOrm of p I I w "w"""mlaE m'[Am¢iw°w"""'"Vtisvaca+mwieif10AIn"urm[ Lm�earMbv.°xismwwmr:o°eim�w,'xv,rA I b �g I isiol:ee«io neeovJrw`oiMUmv,°vw.ul°xvcEa s`°ir I ,rvefrsrnis'xwforouvSLADe;rArrcevruv"firorxF �' cE nnae°x �meuu:mw.eexoamrnFmre¢uum:ms wy I iv Pouuws.weaxgM.xgDEaxn�DUrAx¢°Fe I eei m.eorvr oivevnmvvicelwxmlDeDxFao,ewom CW1 °wB6.v TmiePfAm °0rcw:""'�Jd"irze°v mi.sr°q uoocemmis�noI—IAgnaF¢w 111--TO,IV:wwm A eau• I Lwe Fcmna gLwcu,slmvu:xmmoiwnr:Tlmmsnvamn yeMA' fu�i y�DaF1Jwn oiiu'A tsars' I sgsrYe•x sms'srw Pwm:�O1t'InicevovmummaAwwoxroiaAr.Aeuave,o rz a°rnl Yx. RINr11.Y1ApAON50iaWn9i LRAgaPNlc¢OFnxbiE[iN COMMONWEALTH EDISON PowFwrumm�°F.JUVCwIami«cexavmvDFDU¢,Ii p_ COMMONWEALTH EDISON Hvvms vL rwlme'LARADDTArA>ELVa.bF[Ln,rio:awni® PEq�svaeLVlm'wgiAgRMnairnmur, I ' W x rmTle•E I rw 'L Trome�n°i'D iv":uPogDlgmc"Ai2atiN,°wI°vw°t1e wYCFOF 3 HE l' P0620f' NOR PARCE]�ESTOpA0V1ENi] f gyOF E NSJV $ N 6 T0•F N Bl'N0L•E OFiryEaVPn 'E1T�MlE4ce9LrneA'x.lOWNSHF]] nsa I 11 vo'xoviaxvn LMNOem.°u°"vw"`aecrn"�MVrc.i°roe"`"ium:m��'V°iASi[¢« I au 2vw O O "' 10.DY [y I t, TOA°°I0.DroropTWmACavr[w°rtOFAW ROt'CUt1;Fw mePogi°F xMeLDnFO,¢9LFLMroe.°xm —Al 0.7310 ACRES I lt/Y� eNmaiCFE°i°nrvi.N'mir¢IZ y6wlx�F'DM FOMxeliumvrtar arA m im s e[91'oYw ^ nT�V[m'MEIeRRAVgOAPAw:¢OFeuvr¢mrI¢nc[ tax' 59Q 1"Y� gSlxunxc;�mNarcnMm°wrvF ro�rgAIO°�m.N I www a� � `BOO i romRxoSmwrhDeroAOlaxwvw.m IwMr xsmP Z {� I ^ O LgfONALi wAe,IgncfLwmnDEDReti,+uMVmala 8 �•Y eFaaim AuwozwMVAiop wAYAVRrMCCOF A,Iwnro ME�RMfwfMEOFAAgPOBPUlR6RTNM LNOPm,IXpy9M tl aAb AiCQWFFw°i.LLIPARMep111ROFCp¢i1(A D6roMH�60FIbnneilOAMPT CfeFNgn2XCLI.OPmD DETAIL "C" wL m aF M 9CALE•,•.IW I _ m¢roweeiv.mmbmERxxvufrogm,vsDw[,, x Ul. w S LwgM•w I I I rDRgmeeavomu /I pp �F OvJxpHl I S aa°°'smstsrx IA'al]T / // 1/ // // //77/777/77/777/7777T/////T�/T/ / ^ ^ / // a DN0. YORM ° pMyApA NOMPo MS MTOMMIX4r ! T T FMEXIDPfxiYDFSCp®EOT 1NE pAFMARI,KAeI£1 0 FA01R91AUI.LWp a J 4 BMYEYO0.Ax5NATON STMDAIm AHDn1ATIHEryAi PFW OMP PPVRESENRTryf 4• �N ¢ OGgL'NFME°�°W]T11EAf2dNEOM IVIabM MTORnINE AOVNN�VSBV .``CPEOF n2RDLCVMMAnDN, f! OM1RFNNDERMYNANy-JAM°FALAiNAN0.D.IIXUNr1061a DAYOia®IpgERIDDAD � T _ LLImO"wlDiiaNmufu,mA°RVEYOxrvb `� wniMw.noummlPisxa°mv L i°DAL LR s°`A Kom- TAAI ON TRUE NORTH K WSTAUMNED CY"AS. ' TOTAL ACREAGE = 178A135 ACRES RiiPA,DACYMfN!]LLf2mMMNLENNMi0R FA 5EN"nE'N°EpP°VgfP1xI5 DRAxsxcvTL LEmDfuLTYDffvaMwcu]aSLANAAmvLY°RSmD..mvaxw. R B & ASSOCIATES C°XfiFM OANAVmOW1PDpAp�pl�T�pp LAE90CMTF5rANpixxy5y�C . LAND SURVEYORS, INC. 4 Wes!Mal.Stmt Pq""1 )552.452 (820)552-0452 DESIGN FIRM NO.181004475 .. DWG#2002-112524105C(ANNEE) y r t `+ y�J'. . \ _ 'T-TS ROT 7TL 30 f COMMERCIAL 4r I • • i I j; 15 AC ` :j1� • � �` .................................. ; �\. .................................. SITE DATA UNITS ACREAGEP/.OF SITE AREA I I 're : `� SINGLE FAMILY 108 48 ac/27.5% I •• � MULTI . (2.25 UNITS PER ACRE) a ' COMMERCIAL ,' `: FAMILY/ S TRWNHIOMES „0 22aD/12.5% '•` 62 AC , _ CONDO `� (5 UNITS PER ACRE) _ `yI '=' '18 AC I MULTIFAMILY/CONDO ♦ •. (12 UNITS PER ACRE) 276 18 so 10.3% OPEN SPACE COMMERICIAL - 77 ac "% •; fi AC OPEN SPACE - 10 ac/5.7% TOTAL 434 175 acres }q, . 2.48 UNITS PER ACRE CO all t . ti • ' -�ia\ l '{AAlI JJ �r t��" a-• - : i. I tea.. ��Y- - _ _ • etc oK„ ja+41jIW. 4 . a TRADITIONAL SINGLE I SINGLE 7 TOWNHOMES FAMILY FAMILY 22 AC 31 AC 17 AC P q. OPEN SPACE r ' I VIII 4AC DATE III ...... . ...r I + Y f: 9 SCHRAMM PROPERTIES OF AERIAL, R� 0 75 t50 300 450 PT PLAN Revised 9/22/06 NORTH UNITED CITY OF YORKVILLE, ILLINOIS STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO.2006- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (Schramm Property) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE,Kendall County, Illinois,that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit"A"attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; 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 Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILLS 11-15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with; and Page 1 of 3 WHEREAS, the property is presently contiguous to the City. 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, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation 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 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 Faun Road Yorkville,IL 60560 Page 3 of 3 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO.2006- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS I (Schramm Property) WHEREAS, a written petition, signed by the legal owner of record of all land within the territory hereinafter described,has been filed with the City Clerk of the United City of Yorkville, Kendall County, Illinois,requesting that said territory be annexed to the United City of Yorkville; and, WHEREAS,there are no electors residing within the said territory, and, WHEREAS,the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville; and, WHEREAS, legal notices regarding the intention of the United City of Yorkville to annex said territory have been sent to all public bodies required to receive such notices by state statute; and, WHEREAS, copies of such notices required to be recorded,if any,have been recorded in the Office of the Recorder Kendall County, Illinois; and, I WHEREAS,the legal owner of record of said territory and the United City of Yorkville have entered into avalid and binding annexation agreement relating to such territory; and, WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terns of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, I WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE,BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: SECTION 1: The following described territory, That territory described in the Legal Description which is attached hereto and made apart of this Ordinance. �I that territory also being indicated on an accurate map of the annexed territory(which is attached hereto and made a part of this Ordinance), is hereby annexed to the United City of Yorkville,Kendall County, Illinois. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of the Ordinance, together with an accurate map of the territory annexed attached to this Ordinance. SECTION 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 ) ORDINANCE NO. 2006- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (Schramm Property) WHEREAS, Donald E. Schramm and Standard Bank& Trust as Trustee under a certain Agreement dated 4/1/04 and known as Trust#18190 are the legal owners of record of property described on Exhibit"A" attached hereto and incorporated herein(the Property), and WHEREAS, Donald E. Schramm and Standard Bank&Trust as Trustee under a certain Agreement dated 4/1/04 and known as Trust 418190 owners/developers of the Property have made application by petition for the rezoning of the Property pursuant to an Annexation of the Property, and WHEREAS, owners/developers have previously entered into an agreement for annexation, and zoning of the property, and WHEREAS,the Yorkville Plan Commission has recommended the annexation of the property. 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 Planned Unit Development with B-3,R-2, R-3 and R-4 as described in attached Exhibit`B". 2. The Property shall be developed according to the terms of an Annexation Agreement previously adopted. 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 gD Cep o United City of Yorkville Memo I '" 800 Game Farm Road EST. `, .:1836 Yorkville, Illinois 60560 "� Telephone: 630-553-8545 �� r �, p Fax:p 630-553-3436 h<CE Date: September 21,2006 To: Mayor and City Council From: Travis Miller, Community Development Director Subject: PC 2006-37 O'Keefe Property As requested at the Committee of the Whole meeting September 19, 2006 I have prepared the following timeline tracking the modifications of the O'Keefe Annexation Agreement. As a side note, and for your general information, all modifications to annexation agreements once submitted by a petitioner are performed by City staff to prevent confusion as these documents are being prepared. Typically, a petitioner will submit a digital (Microsoft Word)file to staff as part of the original application. From this point staff will `mark-up' the document with any comments or recommended modifications and return in a PDF format to the petitioner and continue to make the modifications to the document as discussions with the petitioner and staff continue. May 11, 2006 Staff held pre-application meeting with petitioner to discuss the petition process. June 7,2006 Petitioner submitted draft annexation agreement for review/comment. July 6,2006 Staff returned to the petitioner a `marked-up' document including comments/suggested modifications from: - June 23,2006 comments from Eric Dhuse, Public Works - June 28,2006 comments from Joe Wywrot, Engineering - June 30,2006 comments from Rebecca Houseman, Zoning - July 6, 2006 comments from EEI July 26, 2006 Plan Commission Public Hearing held. August 9, 2006 Staff delivered to petitioner a revised `marked-up' document incorporating and addressing Plan Commission and public comments from July 26th including: - Distinguishing the interim uses permitted in Section 2 to separate out the uses only acceptable as part of the Raymond Regional Stormwater Facility development. - Modified language in Section 4 to clearly distinguish interim stormwater improvements on the property verses permanent Raymond Regional Facility conveyance. - Provision for 10' asphalt trail as opposed to standard sidewalk along Galena Road was added per Park Board recommendation. - Galena water main language was added—this property is part of the benefited area as defined by the Grande Reserve agreement for recapture. - Provision for cross-access easements were included. - Compensation and buy-in requirement for Raymond Regional Stormwater Facility was elaborated to clarify the petitioner's obligation. - Section 12 was modified to clearly state time period and conditions for use of temporary construction trailers on the property. Section 14 was added to address improvements to Route 47 and identify,with the best information currently available,the commitment/role of the owner, developer and City. August 22, 2006 City Council Public Hearing held. August 28, 2006 Staff delivered to petitioner a revised `marked-up' document incorporating and addressing City Council and public comments from August 22nd including: - Reference in Recitals and in Section 2 an exhibit listing the permitted uses—limited further from the B-3 Zoning Classification permitted uses. - Changed`detention' to `stormwater management' in Section 2 list of permitted interim uses. - Clarified in Section 3 that the City can require engineering `on or off-site' that the City determines `are required to serve the parcel,phase or unit under consideration' at time of Final Plat. - Removed waiver of side slope requirement for temporary stormwater management areas. - Added provisions to clearly state what is required of the overflow parking areas on lots 2&3 to Section 4. - Added sentence to Section 5 to state recapture charges for Raymond Regional Stormwater Facility Outfall will be payable. - Added language to Section 5 regarding right-of-way and utility easements which may be necessary in the future yet currently unknown/not contemplated. - Further elaborated language in Section 5 regarding the duration of temporary stormwater features on the property necessary while the Regional Facility is being construction. - Included language in Section 5 to allow a `haul route' to exist on/across lot 2& 3 of the property to enable fill to be hauled from the Raymond Regional Stormwater basin to lots that may develop later than 2&3. - Included language in Section 5 identifying the amount of water necessary each year to fill the water park . facility including a requirement of written permission by the City prior to this event. - Elaborated Section 14 to include a commitment to participate in future improvements of Route 47 including proportionately sharing in engineering and design of the improvements. August 31,2006 Staff met with petitioner to discuss and finalize remaining outstanding issues including: - Route 47 provisions for funding improvements - Route 47 right-of-way dedication language/provisions - Raymond Regional Stormwater Facility participation language/provisions - Overflow parking area provisions for Lots 2 & 3 (water park) - Conveyance route for stormwater from properties to the north—resulted in need for additional exhibit identifying route. September 12,2006 Staff returned to petitioner a revised`marked-up' version incorporating modifications discussed August 31"including: - Elaborated Section 10 and added a new Section I 1 addressing Park Board and Lot 2 & 3 (waterpark) coordination issues,provisions for use of overflow parking areas and water park facility for Park Department programming/activities when agreed upon by the water park developer/operator. - Added Section 15 A to define owner&developer participation—statement to clarify and `frame' the rest of the Section. - Modified the right-of-way dedication from a specific amount(55')to an amount to be determined at a future time once project engineering is refine. I - Reduced the 100% sales tax rebate to 50%to be consistent with current City policy. - Added paragraph to Section 15 to allow the owner and developer to participate in future alternative methods of financing Route 47 not contemplated by this agreement if the City should create such alternative(s). September 20, 2006 Staff prepared final draft of agreement with all exhibits and sent to the petitioner for signing. Final adjustments of the document are in red of the marked-up version in your packet and primarily include grammatical changes. Substantive changes include: - Section 5, fourth paragraph now includes specific dollar amounts for the Galena Road water main recapture. - Section 9 language to clarify the season pass discount to be offered to City residents for the water park facility. I 09/20/06 ANNEXATION AGREEMENT (O'Keefe Subdivision) c J 0 THIS ANNEXATION AGREEMENT("Agreement"),is madntered into as of this day of 12006,by and between tty O'Keefe Family Limited Partnership,an Illinois Limited Partne4anXo of approximately 140.9 acres of property located east of Illinois Route 4of Galena Road,in Bristol Township,Kendall County,Illinois. Permanent her 02-09-100-003. (hereinafter referred to as"OWNER"),th Lroup,LLC,an Illinois limited liability company,developer of 1 3 which lots are legally described in Exhibit"D",Property Concer not Corporation,developer of lot 4 which lot is legally described reinafter referred to as "DEVELOPERS"), and the OF YORKVILLE,a municipal corporation organized and exiby virtue of the laws of the State of Illinois (hereinafter referred to as through its Mayor and Aldermen "Corporate Authoriti EVELOPER and the CITY are sometimes hereinafter referred to in "and collectively as the"Parties". I RECITALS: A. OWNER is the owner 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. OWNER desires to annex the SUBJECT PROPERTY to the CITY for the purposes of developing a water park along with other permitted B-3 Service Business Zoning District uses,as limited in Exhibit"F"of this Agreement. C. OWNER and DEVELOPERS desire to proceed with the development of a water park facility along with various other commercial and office uses in accordance with terms and provisions of this Agreement. D. OWNER and DEVELOPERS propose that the SUB6arcel be zoned under the B-3 Service Business District provisions of the City rd' nee ("Zoning Ordinance") as depicted on the Legal Descriptions of Zoning attached here to and incorporated herein as Exhibit`B", for a water park facility d o mercial uses within the B-3 Service Business District as limited in Exhibit"F"1 Agreement. E. All public hearings, as required IN Teen duly held by the appropriate hearing bodies of the CITY upon the matter o red by this Agreement. The Plan Commission conducted a public hearing regarding a sted zoning on July 26, 2006. The Plan Commission concluded their deliberate on is case at their July 26, 2006 meeting. City 'I Council conducted the public h arir exation agreement on August 22,2006. F. The CITY, and DEVELOPERS have given all appropriate notices due to be given pursuant to applicab a provisions of the Illinois Compiled Statutes and the City Code. 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 OWNER, DEVELOPERS and the CITY to annex and develop the SUBJECT PROPERTY described in the Attached Exhibit "A" as a B-3 Service Business District allowing for a water park facility identi ed as commercial recreation park within the B-3 Service Busi rs t as well as all other permitted commercial uses, except as in by Exhibit "F of this Agreement in conformance with the Un' d Cr o Yorkville's Comprehensive Plan. 5othe(ii) Each party agrees that it is in the b`e�y�Je re local governmental bodies affected and the OWNE /DEVELOPERS to provide for specific performance stand\\\\3aaaevelopment of the SUBJECT PROPERTY. (iii) Each party agr at is in the best interest of the OWNER, DEVELOP the CITY that the SUBJECT PROPERTY be develop in r ly and efficient fashion. (iv) Each ees 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. 3 (v) The SUBJECT PROPERTY is contiguous to the corporate boundaries of the CITY. I. It is the desire of the Parties 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 OWNER and DEVELOPERS 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 Ash ase made and provided. NOW, THEREFORE,in consideration of the foregoing preambles 42 covenants and agreements contained herein, the Parties hereto agree to enter i o .s A cement. The Parties hereto further agree to supplement this Agreement with a Pe ion for Zoning and Deleted:induding we Prelmuu Plat Annexation, and drawings submitted therewith,Jobe appro by_ ity Council-upon-the— atwahedheawasF.Mhit°C^ following terms and conditions and in consideration of the` agreements made between the parties: _ \ 1. LEGAL CONFORMANCE H LAW. This Agreement is made pursuant to and in accordance with the provisions ordinances, as amended from time to time and applicable provisions of the Dh piled Statutes and the Illinois Constitution. Furthermore, the preceding recital Pre, are incorporated herein as if they were written in full at this place in th ent. 2. ANNEXATIO 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 B-3 a Service Business District under provisions of the CITY Zoning Ordinance. The Zoning Map of the CITY shall thereupon be modified to reflect the classification of the SUBJECT PROPERTY as aforesaid. It is further understood and agreed to by the Parties that a water park facility as well as any and all customary uses and structures are permitted uses within said B-3 Service Business District as limited by Exhibit"F"of this Agreement. The Interim use set forth below shall be permitted anywhere on the SUBJECT PROPERTY during the term of this Agreement: a. All types of crop farming„_ _._ _______ _ _- Deleted:q P The interim uses set forth below shall be permitted anywhere on the SUBJECT PROPERTY if they are directly related to the development of the SUBJECT PROPER or the development of the Raymond Regional Storm Water Facility: a. Borrow-Pits. b. Stock-piling of dirt and sale and remo6of c. Temporary storm water management t to c n 4 of this Agreement). d. Dewatering activities. Said interim uses shall be allowed only f actaking place on the SUBJECT PROPERTY and not for any other off-site ac. Z t related to the development of the SUBJECT PROPERTY. �` OWNER and DEVELOPERS agree a he SUBJECT PROPERTY shall be developed in accordance with the ordinances of th ess otherwise provided for herein, and agree to follow all of the policies and proce o e CITY in connection with such development except as modified in this Agre me.. 3. FUTURE PLATS AND FINAL ENGINEERING. The CITY recognizes the development o e SUBJECT PROPERTY may occur in stages or units over a period of time. Accordingly, the CITY grants permission to OWNER and DEVELOPERS to stage the development on their respective parcels over a period of twenty (20) years and to 5 I submit separate final plats and final engineering for approval of each phase. The CITY shall act upon any final plat and final engineering submittal within a reasonable amount of time of it's receipt of such final plat or final engineering. The plat review and consideration by the CITY shall not exceed the limitations set out in 65 ILCS 5/11-12-8 (2002). The CITY shall not require engineering to be submitted for any phase of the SUBJECT PROPERTY that is not within the particular final plat for a parcel, phase, or unit being submitted for approval by OWNER and DEVELOPERS however,the CITY may require engineering for infrastructure on or off-site that the CITY determines is required to serve the parcel, phase, or unit under consideration. 4. MODIFICATIONS OF LOCAL CODES. The specific modifications and deviations from the CITY'S ordinances,rules, and codes contained herein have been re ested, approved and are permitted with respect to the development, construction, 6use the SUBJECT PROPERTY. ("Permitted Modifications"). (A) If OWNER and DEVELOPERS choose to provide temper on t torm water management then OWNER and DEVELOPERS shall be granted ap ( ITY to utilize a maximum of six (6) feet of bounce in any storm water in ent as located upon_the . Deleted: SUBJECT PROPERTY. (B) In addition to the signs allowed under th oning Ordinance OWNER and DEVELOPERS shall be allowed one illuminated pe en up to one hundred(100)square feet in area on each lot advertising the water par facie other commercial areas located on the SUBJECT PROPERTY. Deleted:. (C) The CITY shall allow PER of lots 2 & 3 to construct the water slides to a maximum height of ones 100)feet. (D) Upon the ope ' o water park facility DEVELOPER of lots 2&3 shall be allowed to provide over- or the water park facility on lot 2 and a portion of lot 3 if the need arises, and CITY a ees to allow DEVELOPER of lots 2&3 to utilize lots 2 &3 as grass parking lots until the water park facility has been operational for two (2) operating seasons, at which the time CITY will evaluate the need for additional paved areas to provide additional parking. The CITY shall base it's determination of the need for additional paved areas 6 upon Lots 2 & 3 through an analysis of the daily attendance at the water park facility and utilization of the grass parking lots during the preceding two year period. Grass parking lots shall be designed, subject to CITY approval, to adequately drain and include a minimum 2% grade,no more that 6 inches of topsoil,and include established turf prior to any parking activity. Parking activities on said grass lots areas shall be managed by the DEVELOPER of lots 2&3 to ensure general public safety and include proper aisle spacing between vehicles to enable emergency access. (E) Upon satisfaction of all other CITY ordinances the CITY shall grant occupancy and operation permits of the water park facility once temporary intersection improvements are operational,and upon Illinois Department of Transportation approval. (F)If the Raymond Regional Storm-Water Facility(hereinafter referred to as"Raymond Facility" is not operational at the time of completion of the water park facility the CI shall allow DEVELOPER of lots 2 & 3 to utilize interim storm water management upo is 2 &3 at a location and in a manner as approved by the CITY engineer. If the LOPER of lots 2&3 utilizes interim storm water management upon lots 2&3 then V R of lots 2 &3 shall not be required to buy into the Raymond Facility until the i ility. In the event that Lots 2 & 3 are utilized for interim storm water m eme purposes, then the Developer of Lots 2 & 3 shall not be permitted to utili �d mtenm detention areas for overflow parking until said lots are no longer used for st r management. (G) The Park Department has requested Sat,t R and/or DEVELOPERS construct a ten (10) foot wide asphalt path on a sa of Galena Road. Therefore, the CITY agrees to allow OWNER and DEVELonstruct said ten(10) foot wide path on the south side of Galena Road in lieu o si w at the time that particular phase or unit of the SUBJECT PROPERTY is develoN!�2 (H) To provide fora q aesthetically pleasing development CITY agrees to collaborate with DEVEL R & 3 to explore alternatives to providing landscaped islands within the parking Lots 2 & 3. It is understood between the Parties that the DEVLOPER of Lots 2&3 shall be obligated to provide the same quantity of landscape plantings under current CITY ordinance, however the CITY shall consider alternative locations for said 7 parking lot island landscaping which will benefit both the SUBJECT PROPERTY as well as surrounding properties. 5. UTILITIES.EASEMENTS AND PUBLIC IMPROVEMENTS. OWNER and DEVELOPERS 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 OWNER and DEVELOPERS except as otherwise provided in this Agreement. The CITY represents to OWNER and DEVELOPERS that the CITY owns potable water,fire flow and water storage facilities that will have sufficient capacity to adequately serve the needs of the OWNER and DEVELOPERS and occupants of the SUBJECT PROPERTY as developed pursuant to this Agreement. With respect to sanitary sewer treatment capacity, the CITY shall assist co rate with OWNER and DEVELOPERS in their efforts to acquire adequate sanitaro treatment capacity from the appropriate sanitary district for use upon the SUBJECT O The OWNER and DEVELOPERS agree to contribute a o ' share of the reca tunable ex enses payable for the Galena Road water main a nsion etween Bristol Bay and the Grande Reserve Develo ment not to exceed an t e u51 to 15% of the total en ineering and construction costs for said project. TIA, re resents to the OWNER and DEVELOPERS total expense for said roiect is a at o e $700,000.00 15% of which would be $105,000.00). Said reca ture navnielidwill b able at time of first buildiniz permi t issuance of Lot I.The CITY represents to d DEVELOPERS that except for water main recapture charges payable forth �J*a �w ter ma in extension between Bristol Bay and the Grande Reserve Develop as d above,and recapture charges payable for the Raymond Facility neither 0 Yati!n VELOPERS shall become liable to the CITY or any other party for recapture and/or development of the SUBJECT PROPERTY for any existing sewer or wa s or storm water lines and/or storage facilities that may serve the SUBJECT PROPERTY. However, subject to the terms of this Agreement,DEVELOPERS shall be responsible to pay sewer and water connection fees for the commercial parcels. 8 In the event that during the development of the SUBJECT PROPERTY, OWNER or DEVELOPERS determine that any existing utility easements and/or underground lines require relocation to facilitate the completion of the development of the SUBJECT PROPERTY, the CITY shall fully cooperate with OWNER and DEVELOPERS in causing the vacation and relocation of such existing easements and/or utilities. The CITY shall not require the OWNER or DEVELOPERS to relocate and/or bury any of the existing over-head utility that are adjacent to the SUBJECT PROPERTY. The CITY shall fully cooperate with and support OWNER and DEVELOPER'S applications for access points to the SUBJECT PROPERTY located on Illinois Route 47 and Galena Road with the Illinois Department of Transportation as well as Kendall County to insure proper development of the SUBJECT PROPERTY. The CITY shall require that the owners and/or developers of property immediate to the south of the SUBJECT PROPERTY establish cross-access easements with regarcjjyany vate drive located off of Route 47. The CITY agrees that such cross-access easem all include the right of access by contiguous and adjacent property owners to access oint the public right-of-way. Said access to be accomplished by crossing portions o(cess if necessary. The OWNER and DEVELOPERS agree to provide cross- ements on all lots within the SUBJECT PROPERTY and to the property a to the southern border of the SUBJECT PROPERTY. If any off-site easement or license is determi XbyRe WI R a nd/or DEVELOPERS to be necessary to facilitate development of the UBJE ERTY the CITY agrees to use it's best efforts to assist OWNER and/or ERS to pursue acquisition of any such easement, Within 30 days of a writter\�guee om the CITY,which includes legal descriptions and exhibits as necessary, the O R y�oT'DEVELOPERS shall grant permanent and temporary construction easements ce or the construction and extension of CITY utilities and appurtenances and/or other '1 s to serve the SUBJECT PROPERTY and other properties within the CITY. However,OWNER and/or DEVELOPERS shall not be obligated to grant any temporary or permanent easements if such grant of easement would in any way encumber the SUBJECT PROPERTY. Furthermore,if an easement previously granted to the CITY is found to 9 I encumber the development and/or occupation of the SUBJECT PROPERTY it shall be the CITY'S sole obligation to relocate any such easement at the sole cost of the CITY. It is acknowledged between the Parties that the Raymond Facility will be constructed by the CITY to provide storm-water management for the entire SUBJECT PROPERTY, and the OWNER and DEVELOPERS will contribute their pro-rated share toward construction of the Raymond Facility. If the CITY is unable to construct the Raymond Facility which will serve the SUBJECT PROPERTY in a timely fashion commensurate with OWNER and DEVELOPERS anticipated development of the SUBJECT PROPERTY then OWNER and/or DEVELOPERS shall be allowed to undertake all or a portion of the construction of the Raymond Facility or provide the interim or temporary storm water storage on the SUBJECT PROPERTY as contemplated in paragraph 4(F) of this Agreement. The duration of use of said interim or temporary storm water storage shall terminate once the Raymond Facility is able Aacpt the storm water from the SUBJECT PROPERTY at which time all storm water cony 1 be sent to the Raymond Facility. If OWNER and/or DEVELOPERS undertake a� e the Raymond Regional Facility it is agreed to by the Parties that O an ELOPERS will be fully compensated by the CITY for constructing any suc said Raymond Facility. Compensation shall be granted to the OWNERS and VEL PERS by the CITY based on a reduction in the amount of the required buy-in a to p cipate in the Raymond Facility. The Parties will calculate the volume required e SUBJECT PROPERTY,and then reduce that amount by calculating the amount of Mich was excavated by OWNER and/or DEVELOPERS. OWNERS and DE OPE ll then only be required to buy-in based upon that reduced amount which onsideration the capacity excavated by OWNER and/or DEVELOPERS. The Parties further agree un the construction of the Raymond Facility any clay or top soil removed from the site ed by OWNER and/or DEVELOPERS for grading of the SUBJECT PROPER n e to the OWNER and/or DEVELOPER. The OWNER and D PERS agree to provide a temporary access easement to the CITY a minimum of 50' wide across the SUBJECT PROPERTY to allow for a"haul route"to transport soil and/or clay from the Raymond Facility to Lot 1 of the SUBJECT PROPERTY until Lot 1 has been properly filled pursuant to approved engineering specifications. 10 OWNER and DEVELOPERS agree to provide a storm water conveyance route along the portion of the SUBJECT PROPERTY adjacent to Illinois Route 47 within the dedicated right-of- Deleted: way as depicted in Exhibit"Q"for use by the owner-of the Northgate development, and-other --- ---- --- --- - - ---__ - Deleted: (to be prepared by Travis) properties north of Galena Road as dictated by the CITY provided it does not interfere with the development of the SUBJECT PROPERTY. The DEVELOPER of Lots 2&3 agree to obtain written permission from the CITY prior to drawing the initial 1,000,000 gallon water charge necessary for the water park facility each year. It is understood by the Parties that this initial charge will likely occur each year during either the month of April or the month of May, and will occur during off peak hours to be determined and instructed by the CITY. Upon DEVELOPERS compliance with the requirements of this paragraph the CITY agrees to grant said written permission without delay allowing for the initial charge of the water park facility. 6. SECURITY INSTRUMENTS. A. Posting Securiri. DEVELOPERS shall deposit,or cause qenstrumen&') s d,with the CITY such irrevocable letters of credit or surety bon to guarantee completion and maintenance of the blements to be constructed as a part of the development o Phase of Development as are required by applicable ordinances of the The DEVELOPERS shall have the sole discretion, subject to comp]' ce inois Compiled Statutes, as to whether an irrevocable letter of dit or bond will be used as the Security Instruments. The amount an of each Security Instrument shall be as required by applicabl t an of the CITY. The City Council upon recommendation by Cr ngmeer,may from time to time approve a reduction or reductions i e rr Instruments by an amount not in excess of eighty five pence 5e a value certified by the City Engineer of the completed work, so Ion a 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. 11 Perimeter roadways and onsite improvements may be dedicated, constructed, and/or bonded as independent Phases of Development at the sole discretion of the DEVELOPERS, as long as adjacent phases are seventy percent (70%) constructed. B. Acceptance of Underground Improvements and Streets. The CITY, once it has bad 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 this agreement,and shall accept their dedication subject to the DEVELOPER'S warranty, as described herein, and shall thereafter operate, maintain, repair, and replace all such public improvements located there . The procedure for acceptance of improvements shall comply with Cl' or 1 ces. DEVELOPERS warrant that all public improvements required nstructed by them hereunder shall be free from defects in workma ip terial for a period of one (1) year after acceptance thereof by t ,r��x_"J°n notice from CITY, DEVELOPERS shall promptly commence to emed any defects covered by the foregoing warranties, and in additi ereto, in the event that any construction or build out activity withi ase of the development of the SUBJECT PROPERTY is determine ha aged any public improvements previously installed by DEVEL ERS the SUBJECT PROPERTY,then, upon notice thereof from the LOPERS shall promptly commence to repair or replace any an li provements so damaged. C. Reducti of Within sixty (60) calendar days after (a)receipt of notice fro e R and/or DEVELOPERS that certain of the public improvement acilities 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 12 approval or disapproval of the same. If such improvements are not approved,the reasons therefore shall,within said sixty(60)calendar day period,be set forth in a written notice to the DEVELOPERS. Upon the DEVELOPERS correction of the punch list items set forth in said notice,the City Engineer,at the DEVELOPER'S request, shall re-inspect the improvements to be corrected and either approve or disapprove said improvements, in writing within sixty (60) working days of receipt of the DEVELOPER'S notice requesting said re-inspection. As public improvements are partially completed and paid for by the DEVELOPERS and accepted by the CITY the Security Instruments deposited by the DEVELOPERS with the CITY, if requested by the DEVELOPERS, may be proportionately reduced or released on an individual improvement-by-improvement basis. Notwithstanding anything herein to the contrary, the CITY shall ve no Aft obligation to reduce or release the last ten (10%) of any Secu ' Ins ent provided hereunder until all warranty obligations DEVELOPER Re thereby have lapsed. O D. Construction of Offsite and Onsite in 7ove&nts OWNER and NNor DEVELOPERS shall be allowed to cons 'e required off site and onsite improvements simultaneously with ce of building permits for individual buildings,but it is unders ing permits may not be is sued unless OWNER and/or DEVEL PERS ided adequate road access(i.e. gravel course or paved ro lots for emergency vehicles and has provided sufficient w s li for fire fighting purposes. All other offsite and onsite improv nts cep t final lift of bituminous asphalt surface on roads if weather, la s I ant closings or any other condition or circumstance beyond D L S control prevents installation of such improvements), serving any i of or building shall be installed by DEVELOPERS and approved by the CITY,however,before an occupancy permit is issued for said buildings, the balance of the required onsite subdivision improvements not 13 required to serve said buildings may be constructed in phases after issuance of the aforesaid occupancy permit,as the development on each phase progresses. E. 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 the an upon w ch the improvements are being constructed has been approved by the IEPA and the sanitary district, as applicable, have issued Rwhich ts for the construction of sanitary sewer and water lines for the Pha ousts the improvements are being constructed. The CITY IEPA sewer and water permit applications separate and ap from a review of final engineering plans so that the IEPA wil§onPA position to issue such permits prior to CITY approval of final enginee . OWNER and DEVELOPER acknowledge that the CITY signalm permit applications do not constitute final plat or plan pprov ER and DEVELOPER shall indemnify the CITY against i , actions or losses the CITY may suffer, sustain or incur beca o er vernmental agency takes action against the CITY after 0W1 � DEVELOPER undertake development activities pursuant to th o ��nnn f this Subsection 6. 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 14 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 this Agreement. Anyamendments, 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 OWNER and DEVELOPERS during said five (5) year period. The CITY shall give the OWNER and DEVELOPERS 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 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 approval of this Agreement. 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 PROPERkiyin ant to the express and specific mandate of any superior governmental authority, ksh a or regulation shall apply to the SUBJECT PROPERTY and be complied with bLOPER, provided, however, that any so called "grandfather" provision con ed superio r governmental mandate which would serve to exempt or delay ' 11e n against the SUBJECT PROPERTY shall be given full force and effect. V S. BUILDING CODE. The City has ad International Building Code, which is updated approximately every three years. codes for the CITY in effect of the date of the building permit application will ovem and all construction activity within the Subject Property. 9. FEES AND C S. g the first five(5)years following the date of this Agreement,the CITY shall ' se n d collect from the OWNER and/or DEVELOPERS, and their respective contr rs pliers, only those permit, license, tap on and connection fees and charges, and in s our or at such rate, as are in effect on the date of this Agreement and as are generally applied throughout the CITY, except for water meter fees and any other fees and any other fees as otherwise expressly provided for in Exhibit "E" of this Agreement. At the expiration of this five year term, the CITY shall give the OWNER and 15 DEVELOPERS a six (6) month grace period from the date they are notified of any changes to the permit, impact, license,tap on and connection fees and charges in order to comply with the new regulations. DEVELOPER of lots 2 & 3 and CITY agree that the CITY will impose a five percent,. Deleted:ena�ne� (5%) admissions tax (hereinafter "Admissions Tax") on the total net collected admission revenues collected by the water park facility commencing with the opening date of said water park facility throughout the duration of this Agreement. DEVELOPER of lots 2 & 3 will remit the total Admissions Tax to the CITY within thirty (30) days after the last operating day of a given season. For a period often(10)years the DEVELOPER of lots 2&3,and CITY further agree that fifty-five percent(55%)of any funds collected by the CITY as a result of the aforesaid CITY Admissions Tax will be rebated back to the DEVELOPER of lots 2&3 within thirty(30) days of receipt by the CITY to offset the DEVELOPER of lots 2&3 for the cost of con cting a public east/west road through lots 2&3. DEVELOPER of Lots 2&3 agrees to provide the residents of the CIT scount rate f fo 40 percent off the regular individuaLseason ass ric K _ Deleted:a;sw P--'-��--------- g - - k' '------- ------- Deleted:fm --- Deleted:n 10. CONTRIBUTIONS. The City shall not uire a OWNER and DEVELOPERS to donate any land or money to the CI3&he any o er governmental body, except as otherwise expressly provided in this Agreeme In an effort to enhance ongoing cooperation ee EVE LOPER of lots 2&3 and the City's Park and Recreation Department the d Recreation Department may periodically use the grass overflow parking nbed in Section 4-D of this Agreement, for special programming and or events a at arking areas are not in use. Use of said areas by Parks and Recreation must be sp\}�dduu in advance with the DEVELOPER of lots 2&3 and permission for such use shall b t t12^Hiscretion of the DEVELOPER of lots 2&3. 11. COO ERA `PROGRAMMING. The DEVELOPER of lots 2&3 and,. - Fcomatted:undedine the City's Park and Recreation Department agree to meet a minimum of once per year, on or before Decemberl, to jointly discuss ways of initiating cooperation in programming for the mutual benefit of the DEVELOPER of lots 2 & 3, the City, and ultimately the residents of 16 Yorkville. Cooperative efforts may be pursued in the creation, marketing and operation of programs, themed events, swimming lessons and other activities by mutual consent of both parties. Furthermore,the DEVELOPER of lots 2&3 shall grant the City's Park and Recreation Department opportunities to submit proposals and program ideas to the said DEVELOPER and to partner with the said Developer in the provision of said programs when it is agreed by both parties to be a mutually beneficial direction for the said Developer, the City and ultimately the residents of Yorkville. 12. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the SUBJECT PROPERTY, OWNER and DEVELOPERS shall be entitled to construct, maintain and utilize development identification, marketing and location signs on Route 47 and Galena Road, and at such other location within the corporate limits of the CITY as OWNER and DEVELOPERS may designate Zee ign permit review and issuance by the CITY. Development identification, marke d location signs located on the Route 47 and Galena Road shall be allowed to have a axi urface area of one-hundred and eighty square feet(180),and shall be fifteen(1 t d twelve (12) feet wide. Additionally, each out-lot within the SUBJECT PRO R shall be allowed an individual monument style sign on said lot a minimum of eig feet gh and fifty(50)square feet per side. Any Offsite Signs will not be located tc right-of-ways. OWNER and DEVELOPERS shall be responsible, at its expense, rob i g all necessary and appropriate legal rights for the construction and use of each f the e Signs. Each Offsite Sign may be illuminated subject to approval by the CITY. 13. CONSTRUCTIO ERS. OWNER and DEVE P y locate temporary construction trailers upon the SUBJECT PROPERTY mg velopment and build out of the SUBJECT PROPERTY, provided any such trailer sh removed within one(1)week following issuance of the last final occupancy permit. A permit will be required by the CITY for any trailer which will be connecting to electricity. . 17 14. 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 OWNER and DEVELOPERS 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. 15. ROUTE 47 IMPROVEMENTS A. OWNER & DEVELOPERS Participation. The OWNERS and DEVELOPERS a to , Formatted:underline financially participate in the improvement of Illinois Route 47 adjacent to to CT PROPERTY and the cost of signalization at the intersection(s) of Route 4 Qe proposed streets entering the SUBJECT PROPERTY pursuant to the terms of is ent. The OWNER and DEVELOPERS shall make payments on a fair and e 1 nsistent with those payments made by other land owners contributing to the R to Improvement project between Base Line Road and Comeils Road. However,O and LOPERS portion of said Route 47 improvements shall under no circumstanc a INdl 16.42%of the total cost of the project as depicted in Exhibit"IT' B.Dedication of Land.Upon CITY verifyin4wh d DEVELOPERS that the funding mechanisms contemplated in the subsequent are adequately provided for,then within 30 days of a written request from the includes legal descriptions and exhibits as necessary, OWNER and DEVELQp$R all by warranty deed grant fee simple title to the necessary right-of--way,as de in yy��Se Route 47 Phase 1 Engineering Study to the Illinois Department of Transpo ide the necessary land for widening of Route 47. It is expressly understood by the es that the CITY shall direct it's engineering consultant to minimize the amount of Route 47 realignment in preparing the Phase 1 Engineering Study. Furthermore before submission of the Phase I Engineering Study to the Illinois Department of Transportation the CITY shall meet with OWNER and DEVELOPERS to discuss the Phase 1 is Engineering Study. Lastly,it is agreed to by the CITY that OWNER and DEVELOPERS shall not be obligated to dedicate any land or grant any easements for the widening and/or realignment of Route 47 other than as stated in this Agreement. C. Value of Land Dedication and Credit. The Parties agree that the land which is to be dedicated to the Illinois Department of Transportation to provide the necessary right of way for the widening of Route 47 shall be valued at the higher of either a fixed value of two-hundred and seventy-five thousand dollars ($275,000.00) per acre, or based upon a real estate appraisal of said land to be conducted as part of the Phase 1 Engineering Study for the project. The Parties further agree that the value of the land to be dedicated for widening of Route 47 will be added into the total gross cost calculations of improving Route 47, and OWNER and DEVELOPERS will be credited for said land dedication through a reduction in the amount they are required to contribute for Route 47 improvements and/or signalization. Therefore, R 47 and DEVELOPER'S required cash contribution toward improving and/or s1gri 7 will be reduced by the dollar value of the parcel of land which they shall edithe Illinois Department of Transportation. _Furthermore, OWNER and DEVELOPERS shall not be ake any cash contribution toward the construction of Route 47 improvements, d/or gnalization until the credits for the land dedication described in the preced' agrap have been applied to OWNER and DEVELOPER'S portion of Route 47 convv and/or signalization. For example, if the cost of the land to wide out s valued at two million dollars ($2,000,000.00).,and the cost of improving an r signs g Route 47 is twenty million dollars ($20,000,000.00),the total cost of the proje n be calculated to be twenty-two million dollars ($22,000,000.00). Assumin a the WNER and DEVELOPERS' share of the improvement cost of Route 47 s ssed at sixteen (16) percent, then their required contribution would be three ' 'o undred and forty thousand dollars($3,840,000). The OWNER and DEVELO S be credited for the two million dollar ($2,000,000) land dedication and would the a equired to contribute one million eight hundred and forty thousand dollars($1,840,000)toward Route 47 improvements and/or signalization. D. Tax Rebate Agreement. To offset the land cost associated with the OWNER and DEVELOPER'S land dedication required by the CITY for Route 47 widening, as well as any 19 improvements and/or signalization along Route 47 mandated by the Illinois Department of Transportation,the CITY agrees to enter into a sales tax rebate agreement with OWNER and DEVELOPERS. Consistent with the terms of this Agreement the CITY shall place in a separate account for the benefit of OWNER and DEVELOPERS fifty percent(50%)of the CITY'S one percent(1%)portion of the State Retailer's Occupation Tax received by the CITY as a result of the development of the SUBJECT PROPERTY. The period of computation of the sales tax rebate agreement will begin separately for DEVELOPER of Lots 2& 3;DEVELOPER of Lot 4; and OWNER when OWNER undertakes development of Lot I. The period of computation shall begin for DEVELOPER of Lots 2 & 3; DEVELOPER of Lot 4, and OWNER upon occupancy of the first unit of commercial retail development within each respective Lot on the SUBJECT PROPERTY, and will continue for a period of twenty (20) years or until the OWNER and DEVELOPERS have been rebated one hundred percent(100%)of thAwirrout:nt 47 land dedication,as well as one-hundred percent(100%)of any required Route 47 s and/or signalization including but not limited to design,engineering,as well A ent(6%) interest whichever occurs first. It is further agreed by the Parties that the benefits contemplat ales tax rebate agreement are assignable at the sole option of the OWNERS and/ DE LOPERS as to their portion of the sales tax rebate. Upon written§nts by the OWNER and/or DEVELOPER'S such assignees shall have all righly vested in OWNER and/or DEVELOPERS under the sales tax rebate agreemenl� ble law,and shall be entitled to enforce such rights through any equitable or le acti portion of lots 1,2, 3,or 4 are sold by OWNER or DEVELOPERS,O VELOPERS shall be entitled to continue to receive payments for their expens rc g land, improving, and/or signalizing Route 47 pursuant to the sales tax reba a ent unless specifically assigned by OWNER and/or DEVELOPERS. OWNER a or OPERS may assign a portion or all of their rights under the terms of the s \\�Re agreement to any future developer, owners,institutions, or individuals at the 0 'S and/or DEVELOPER'S sole discretion. Lastly, if DEVELOPER of Lots 2 & 3, and/or DEVELOPER of Lot 4 fail to purchase said lots from OWNER then OWNER reserves the right to retain the sales tax rebate for itself upon 20 development of the SUBJECT PROPERTY, or assign the sales tax rebate to an alternative purchaser of Lots 2,3,&4 at it's sole option. E.CITY and State Cooperation to Improve Route 47. It is contemplated between the Parties that the CITY will make every reasonable effort to create a Business District which would allow for the generation of additional sales tax revenue on the SUBJECT PROPERTY,at a rate of no more than an additional one percent (1%) tax. If the CITY is successful in obtaining the additional tax revenues through the State of Illinois, then one hundred percent (100%) of all revenues received as a result of the aforesaid additional tax would be rebated back to the OWNER and DEVELOPERS by CITY as reimbursement for OWNER and DEVELOPER'S costs incurred in dedicating land, improving and/or signalizing Route 47. Furthermore, the CITY agrees to make every reasonable effort to petition the State of Illinois to relinquish a percentage of the State's portion of the State Retailer's Occupath n Tax, and pay any such funds relinquished directly to the CITY. If the State of Illi en into such an agreement with the CITY to release any portion of the State's s f the State Retailers Occupation Tax then one-hundred percent(100%) of such fun sha b aid by the CITY to the OWNER and DEVLOPERS to help offset the 0 EEVLOPERS extraordinary expenses incurred in dedicating land,improving and/ sign 'zing Route 47. As an incentive for the CITY to pursue the creation usiness District and/or petition the State of Illinois to relinquish a portion of the S s e Retailer's Occupation Tax on behalf of OWNER and DEVELOPERS as specifie the a ding paragraphs, and the CITY does so secure either of the two aforementio mec ms in an amount not less that one percent(1%)for a period of twenty (20)ye 'I the OWNER and DEVELOPERS have been rebated one hundred percent °/ 0 1 expenditures incurred in dedicating land, improving and/or signalizing Ro 47 uding but not limited to design,engineering, and six percent(6%)interest,then 0 EVELOPEWS agree to reduce the term of the sales tax rebate between the P ' s enty(20)years to ten(I0)years. The reduced term of the sales tax rebate agreement n mplated herein shall commence with the enactment of said Business District and/or relinquishment of a portion of the States share of the State Retailer's Occupation Tax in an amount not less than one percent(1%). 21 If the State of Illinois agrees to refund a portion of it's State Retailer's Occupation Tax and/or a Business District Tax is enacted which either separately or cumulatively result in a two percent(2%)or greater sales tax rebate to the OWNER and DEVELOER for a period of twenty (20) years, or until the OWNER and DEVELOPERS have been rebated one hundred percent (100%) of all expenditures incurred in dedicating land, improving and/or signalizing Route 47 including but not limited to design, engineering, and six percent(6%) interest then the Parties agree that the sales tax rebate agreement mandated in paragraph 14(D) shall become null and void, and the CITY shall be entitled to keep one-hundred percent (100%) of it's share of the State Retailer's Occupation Tax. It is also understood by and between the Parties that subsequent to the execution of this Agreement the CITY may explore and implement an alternative method of financing the required Route 47 improvements, which alternative may not have been contemplate in this Agreement, such as the establishment of a TIFF district, Special Service RCERS o and Financing. If subsequent to the execution of this Agreement the CITY es s such an alternative form of funding to improve Route 47 then the OWNER an(EE shall have the right to participate in any such alternative form of financinEth�a�5'GP'u■'d so choose at their sole option. (V� 16. OVERSIZINC OFIMPROVEMENTS. g �eanture Agreement. In the event the_CI_ regu_ s_WNER and/or DEVELOPERS, Deleted:A to construct a CITY improvement beyond tha cede TY the proposed development or other public improvement, including oversizing ening of such improvements,which will serve property other than the SUBIE P O , and benefit the CITY as a whole, then the CITY agrees to grant a re ement for the benefit of the OWNER and/or DEVELOPERS for such e n m uding engineering, construction, and other costs including a six percent( ee,which may reasonably be expected to be incurred by the OWNER and/or DEVE . 22 i 17. LIMITATIONS. In no event, including, without limitation, the exercise of the III 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. 18. DISCONNECTION. OWNER and DEVELOPERS shall develop the SUBJECT PROPEERTY in accordance with the terms of this agreement, and shall not as either the OWNER or DEVELOPERS 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 whicAmbe in conflict with the provisions of this Agreement. 20. TRANSFER OWNERS and/or DEVELOPERS may ass' thtiRement without CITY approval,but only in connection with its conveyance of the SUBJECT PROPERTY,and upon said assignment and acceptance an as gnee,the ONWERS and/or DEVELOPERS shall have no further obligations here as to a portion of the SUBJECT PROPERTY so conveyed,but shall continue d by this Agreement and shall retain the obligations created thereby with resp to ion of the SUBJECT PROPERTY retained and not conveyed. If 0+maave6under S DEVELOPERS or its successors sell a portion of the SUBJECT PROPERTY, hail be deemed to have assigned to the purchaser any and all rights and obliga s this Agreement(excluding rights of recapture,reimbursement proce sion tax rebate proceeds,sales tax rebate proceeds, and business district tax proce ect the portion of the SUBJECT PROPERTY sold or conveyed and thereafter 11 have no further obligations under this Agreement as it relates to the portion of the T 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 23 of the DEVELOPERS 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 OWNER,DEVELOPERS 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 OWNER,DEVELOPERS or the successor to or assignee of the OWNER,DEVELOPERS have provided a substitute letter of credit. 21. LIABILITY OF OWNER It is expressly understood and agreed by and among the Parties hereto that all responsibility of OWNER under this Agreement shall be extinguished simultaneously with the transfer of title to any portion of the SUBJECT PROPERTY,as to that j particular portion of the SUBJECT PROPERTY from the OWNER to any Purchasers,including but not limited to the DEVELOPERS herein. Thereafter,the purchasers or DEVELOPS assume all of the responsibilities and obligations of the OWNER under this Agree t. ing understood and agreed,however,that OWNER shall also have no obligation to the obligations of the DEVELOPERS,unless said OWNER agrees in writing ass a id obligations. 22. GRADING The CITY will permit the O d D ELOPERS to grade within the SUBJECT PROEPERTY before final plat ap 3unde any particular phase of the development of the SUBJECT PROPERTY is grant follo wing conditions. A. Prior to commencement of work for any pha the gineer shall review and approve the OWNER and/or DEVELOPERS prelim g plans for such phase,including interim storm water management,erosion and to control measures. B. the OWNER and/or DEVELOP S s I assume all risk for such work performed on the basis of the preliminary gradin I I agree to modify graded,if so required to satisfy the final approved gradin ditions of the final plat and final engineering approvals. C. The OWNER and/or DE ERS shall provide the CITY an acceptable form of surety to provide funds for the restoration of the site or correction of any noncompliant conditions that may exist in connection with OWNER and/or DEVELOPERS grading and earthmoving and clearing activities. 24 D.The OWNER and DEVELOPER shall comply with all aspects of the CITY'S erosion and sediment control ordinance. 23. 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 an d Assigns. This Agreement shall inure to the benefit o d be ft binding upon the OWNER, DEVELOPERS and their success/oj/�)n i and interest, and upon the CITY, and any successor municipalities oTY. It is understood and agreed that this Agreement shall run with e d as such, shall be assignable to and binding upon each and evs A nt grantee and successor in interest of the OWNER and DEVELOPL�S,anj the CITY. C. Binding Effect. _This Agreement contain 1 terms and conditions agreed,- Formatted:undedme upon by the parties hereto and no o ei p r eement, regarding the subject matter hereof shall be deeme toe bind the parties. The parties acknowledge and agree that t s and conditions of this Agreement,including the payment of any fee a en reached through a process of good faith negotiation, both by p s d through counsel, and represent terms and conditions that are a the parties to be fair, reasonable, acceptable and contractual] bin on each of them. D. Notices. Notic or other materials which any party is required to, or may wish to, serve upon any other parry in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed 25 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 Betty O'Keefe Family Limited Partnership c/o Kim O'Keefe 5576 Hwy 50 Suite 8 Delavan,WI 53115 with copies to: Scott Christian Thorpe,Compton&Christian,S.C. 1624 Hobbs Drive,Suite I Delavan,WI 53115 (II) If to The Lundmark Group LLC Randy Witt DEVELOPER: 5349 W.Cinema Drive Of lots 2&3 Hanover Park,IL.60133 AA with copies to: John Philipchuck Dom h,Brestal,Sjtben t Ltd 123 Water ater St V Naperville,IL 60566 Fax:(630)355 James N.Ur The Ur sen(sp? 165 E. et St. harles, .60174 with copies to: ^a cCracken ey at Law t Fomatted:Indent LefL 2.5" 1001 E'Main Street Suite G t.Charles,IL.60174 (III)If to D L Angelo Kleronomos Of lot Property Concepts 2679 Route 34 Oswego,IL.60543 with copies to: Dean Kleronomos 26 Lorenzini&Associates 2683 Route 34 Oswego,IL.60543 (IV) If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville,R 60560 Fax:(630)553-7575 with a copy to: John Wyeth Esq. 800 Game Farm Rd. Yorkville,11 60560 Fax:(630)553-7575 or to such other persons and/or addresses as any parry may from time to time designate in a written notice to the other parties. E. Severability This Agreement is entered into pursuant to the ons of the Agreements With Owners of Record Act of the Illinois M cipa (65 ILCS 5111-15.1-1, et seq.) In the event any part or por io # ement, or any provision,clause,word,or designation of this Agree ent i eld to be invalid by any court of competent jurisdiction,said part on,c ause,word or designation of this Agreement shall be deemed to b d from this Agreement and the invalidity thereof shall not effect s oru o portions of this Agreement as remain. In addition, the CITY d O and DEVELOPERS shall take all action necessary or required a intent of this Agreement as to the use and development of t`hheee C ROPERTY. F. Agreement At, and any Exhibits or attachments hereto, may be amended ti `lime in writing with the consent of the parties, pursuant to applicable pr i 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 27 I 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 OWNER and DEVELOPERS 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 OWNER and DEVELOPERS, 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 kerk to execute this Agreement or to correct any technical defects which a er the execution of this Agreement. I. Term of Agreement. The term of this Agreement sh °�fiW�(20)years. In the event construction is commenced within said nty- az period all of the terms of this Agreement shall remain enfoe despite said time limitation, unless modified by written agreement of t and DEVELOPERS/OWNER. J. Captions and Paragraph He din Thy a lions and paragraph headings used herein are for conveniennceoor :"_Al not be used in construing any term or provision of this Agree K. Recording Thi g e shall be recorded in the Office of the Recorder of Deeds,Ke Illinois,at OWNER 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. 28 I 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, Yorkville-Bristol Sanitary District, or any other governmental agen that preempts the authority of the United City of Yorkville. O. Time is of the Essence Time is of the essence of Ag�nt and all documents, agreements, and contracts pursuant her all covenants contained in this Agreement shall be performed in a 'melt' anner by all parties hereto. P. Exculpation It is agreed that the Y I liable or responsible for any restrictions on the CITY'S oblig ons un is Agreementthat may be required or imposed by any other Bove dies or agencies having jurisdiction over the SUBJECT PROP �thXCITY, the DEVELOPERS and OWNER, including,but not lied y,state or federal regulatory bodies. 29 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 OF LOTS 2&3: UNITED CITY OF YORKVILLE, The Lundmark Group LLC., an Illinois municipal corporation an Illinois limited liability company By: By: Title:Mayor Manager Attest: Title: City Clerk - DEVELOPER OF LOT 4: A Property Concepts Inc ' an Illinois Corporafio By. Presiden Atte 30 I i i OWNER: BETTY O'KEEFE FAMILY LIMITED PARTNERSHIP An Illinois Limited Partnership By:Betty O'Keefe Properties,L.L.C.,General Partner By: Kim W.O'Keefe,Manager Q 0 Q 0 J 31 LIST OF EXHIBITS EXHIBIT"A" Legal Description&Plat of Annexation EXHIBIT`B" Plat of Zoning EXHIBIT"C" Preliminary Plat EXHIBIT"D" Lot 2&3 Legal Description EXHIBIT"E" Fee Schedule EXHIBIT"F" Restricted B-3 Service Business District Uses EXHIBIT"G" Regional Storm Water Conveyance Route EXHIBIT"H" Route 47 Improvement Estimates Q O Cj Q J P 32 Exhibit"F" The following listed uses shall be prohibited uses in the B-3 Service Business District zoned portion of the SUBJECT PROPERTY. B4 Limited Business Distri ct 1. Substation B-2 General Business District 1. Dance Hall 2. Pawn Shop 3. Reducing Salon,Masseur,and Steam Bath B-3 Service Business District 1. Agricultural Implement Sales and Service 2. Building Material Sales 3. Business Machine Repair O 4. Feed and Grain Sales 5. Kennel 6. Taxicab Garage Cj Q J 33 09/20/06 ANNEXATION AGREEMENT (O'Keefe Subdivision) THIS ANNEXATION AGREEMENT("Agreement"), is made and entered into as of this day of , 2006, by and between The Betty O'Keefe Family Limited Partnership, an Illinois Limited Partnership, owner of approximately 140.9 acres of property located east of Illinois Route 47, and south of Galena Road, in Bristol Township, Kendall County,Illinois. Permanent Index Number 02-09-100-003. (hereinafter referred to as "OWNER"),the Lundmark Group,LLC, an Illinois limited liability company, as contract purchaser and developer of lots 2 & 3 which lots are legally described in Exhibit"D", (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"). OWNER and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties". /25060/11 RECITALS: A. OWNER is the owner 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. OWNER desires to annex the SUBJECT PROPERTY to the CITY for the purposes of developing a water park along with other permitted B-3 Service Business Zoning District uses, as limited in Exhibit"F" of this Agreement. C. OWNER and DEVELOPER desire to proceed with the development of a water park facility along with various other commercial and office uses in accordance with the terms and provisions of this Agreement. D. OWNER and DEVELOPER propose that the SUBJECT PROPERTY be zoned under the 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 water park facility and other commercial uses within the B-3 Service Business District as limited in Exhibit"F"of this Agreement 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 on July 26, 2006. The Plan Commission concluded their deliberations on this case at their July 26, 2006 meeting. City Council conducted the public hearing on the annexation agreement on August 22, 2006. F. The CITY, OWNER, and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. 125060/12 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 parry agrees that it is in the best interests of the OWNER, DEVELOPER, and the CITY to annex and develop the SUBJECT PROPERTY described in the Attached Exhibit "A" as a B-3 Service Business District allowing for a water park facility identified as commercial recreation park within the B-3 Service Business District as well as all other permitted commercial uses, except as limited by Exhibit "F" of this Agreement in conformance with the United City of Yorkville's Comprehensive Plan. (ii) Each parry agrees that it is in the best interest of the local governmental bodies affected and the OWNER 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 OWNER, 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. 125050/13 (v) The SUBJECT PROPERTY is contiguous to the corporate boundaries of the CITY. L It is the desire of the Parties 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 OWNER, 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. Furthermore, the preceding recitals of this Agreement are incorporated herein as if they were written in full at this place in the Agreement. 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 B-3 125060/14 Service Business District under provisions of the CITY Zoning Ordinance. The Zoning Map of the CITY shall thereupon be modified to reflect the classification of the SUBJECT PROPERTY as aforesaid. It is further understood and agreed to by the Parties that a water park facility as well as any and all customary uses and structures are permitted uses within said B-3 Service I Business District as limited by Exhibit"F"of this Agreement. The Interim use set forth below shall be permitted anywhere on the SUBJECT PROPERTY during the term of this Agreement: a. All types of crop fanning. The interim uses set forth below shall be permitted anywhere on the SUBJECT PROPERTY if they are directly related to the development of the SUBJECT PROPERTY or the development of the Raymond Regional Storm Water Facility: a. Borrow-Pits. b. Stock-piling of dirt and sale and removal of topsoil C. Temporary storm water management (pursuant to Section 4 of this Agreement) d. Dewatering activities Said interim uses shall be allowed only for activities taking place on the SUBJECT PROPERTY and not for any other off-site activities not related to the development of the SUBJECT PROPERTY OWNER 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. FUTURE FINAL PLATS AND FINAL ENGINEERING The CITY recognizes the development of the SUBJECT PROPERTY may occur in stages or units over a period of time. Accordingly, the CITY grants permission to OWNER and DEVELOPER to stage the development on their respective parcels over a period of twenty (20) years and to 125060/15 i i submit separate final plats and final engineering for approval of each phase. The CITY shall act upon any final plat and final engineering submittal within a reasonable amount of time of it's receipt of such final plat or final engineering. The plat review and consideration by the CITY shall not exceed the limitations set out in 65 ILCS 5/11-12-8 (2002). The CITY shall not require engineering to be submitted for any phase of the SUBJECT PROPERTY that is not within the particular final plat for a parcel, phase, or unit being submitted for approval by OWNER and DEVELOPER. However, the CITY may require engineering for infrastructure on or off-site that the CITY determines is required to serve the parcel, phase, or unit under consideration. 4. 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) If OWNER and DEVELOPER choose to provide temporary on-site storm water management then OWNER and DEVELOPER shall be granted approval by the CITY to utilize a maximum of six (6) feet of bounce in any storm water management areas located upon the SUBJECT PROPERTY. (B) In addition to the signs allowed under the CITY Zoning Ordinance OWNER and DEVELOPER shall be allowed one illuminated permanent sign up to one hundred (100) square feet in area on each lot advertising the water park facility, and other commercial areas located on the SUBJECT PROPERTY. (C) The CITY shall allow the DEVELOPER to construct the water slides to a maximum height of one-hundred(100) feet on lot#3 which lot is depicted in Exhibit"C". (D) Upon the opening of the water park facility DEVELOPER shall be allowed to provide over-flow parking for the water park facility on lot 2 and a portion of lot 3 if the need arises, and CITY also agrees to allow DEVELOPER to utilize lots 2 & 3 as grass parking lots until the water park facility has been operational for two (2) operating seasons, at which the time CITY will evaluate the need for additional paved areas to provide additional parking. The CITY shall base it's determination of the need for additional paved areas upon Lots 2 & 3 through an 125o6on6 analysis of the daily attendance at the water park facility and utilization of the grass parking lots during the preceding two year period. Grass parking lots shall be designed, subject to CITY approval, to adequately drain and include a minimum 2%grade, no more that 6 inches of topsoil, and include established turf prior to any parking activity. Parking activities on said grass lots areas shall be managed by the DEVELOPER to ensure general public safety and include proper aisle spacing between vehicles to enable emergency access. (E) Upon satisfaction of all other CITY ordinances the CITY shall grant occupancy and operation permits of the water park facility once temporary intersection improvements are operational, and upon Illinois Department of Transportation approval. (F) If the Raymond Regional Storm-Water Facility (hereinafter referred to as "Raymond Facility" is not operational at the time of completion of the water park facility the CITY shall allow DEVELOPER to utilize interim storm water management areas upon lots 2 & 3 at a location and in a manner as approved by the CITY engineer. If the DEVELOPER utilizes interim storm water management upon lots 2& 3 then DEVELOPER shall not be required to buy into the Raymond Facility until they utilize said facility. In the event that Lots 2 & 3 are utilized for interim storm water management purposes, then the Developer shall not be permitted to utilize said interim detention areas for overflow parking until said lots are no longer used for storm water management. (G) The Park Department has requested that the OWNER construct a ten (10) foot wide asphalt path on the south side of Galena Road. Therefore,the CITY agrees to allow OWNER to construct said ten (10) foot wide path on the south side of Galena Road in lieu of a sidewalk at the time that particular phase or unit of the SUBJECT PROPERTY is developed. (I) To provide for a unique and aesthetically pleasing development CITY agrees to collaborate with DEVELOPER to explore alternatives to providing landscaped islands within the parking lots of Lots 2 & 3. It is understood between the Parties that the DEVLOPER shall be obligated to provide the same quantity of landscape plantings under current CITY ordinance, however the CITY shall consider alternative locations for said parking lot island landscaping which will benefit both the SUBJECT PROPERTY as well as surrounding properties. 1250600 S. UTILITIES. EASEMENTS AND PUBLIC E"ROVEMENTS OWNER 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 OWNER and DEVELOPER except as otherwise provided in this Agreement. The CITY represents to OWNER and DEVELOPER that the CITY owns potable water, fire flow and water storage facilities that will have sufficient capacity to adequately serve the needs of the OWNER and DEVELOPER and occupants of the SUBJECT PROPERTY as developed pursuant to this Agreement. With respect to sanitary sewer treatment capacity, the CITY shall assist and cooperate with OWNER and DEVELOPER in their efforts to acquire adequate sanitary sewer treatment capacity from the appropriate sanitary district for use upon the SUBJECT PROPERTY. The OWNER and DEVELOPER agree to contribute a proportionate share of the recapturable expenses payable for the Galena Road water main extension between Bristol Bay and the Grande Reserve Development not to exceed an amount equal to 15% of the total engineering and construction costs for said project. The CITY represents to the OWNER and DEVELOPER total expense for said project is estimated to be $700,000.00 (15% of which would be $105,000.00). Said recapture payment will be payable at time of first building permit issuance of Lot 1. The CITY represents to OWNER and DEVELOPER that except for water main recapture charges payable for the Galena Road water main extension between Bristol Bay and the Grande Reserve Development as described above, and recapture charges payable for the Raymond Facility neither OWNER nor DEVELOPER shall become liable to the CITY or any other party for recapture upon the annexation and/or development of the SUBJECT PROPERTY for any existing sewer or water lines or storm water lines and/or storage facilities that may serve the SUBJECT PROPERTY. However, subject to the terms of this Agreement, OWNER and DEVELOPER shall be responsible to pay sewer and water connection fees for the commercial parcels. In the event that during the development of the SUBJECT PROPERTY, OWNER or DEVELOPER determines that any existing utility easements and/or underground lines require relocation to facilitate the completion of the development of the SUBJECT PROPERTY, the 125060/18 I CITY shall fully cooperate with OWNER and DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities. The CITY shall not require the OWNER or DEVELOPER to relocate and/or bury any of the existing over-head utility that are adjacent to the SUBJECT PROPERTY. The CITY shall fully cooperate with and support OWNER and DEVELOPER'S applications for access points to the SUBJECT PROPERTY located on Illinois Route 47 and Galena Road with the Illinois Department of Transportation as well as Kendall. County to insure proper development of the SUBJECT PROPERTY. The CITY shall require that the owners and/or developers of property immediately to the south of the SUBJECT PROPERTY establish cross-access easements with regard to any private drive located off of Route 47 The CITY agrees that such cross-access easements shall include the right of access by contiguous and adjacent property owners to access points onto the public right-of-way. Said access to be accomplished by crossing portions of adjacent land if necessary. The OWNER and DEVELOPER agree to provide cross-access easements on all lots within the SUBJECT PROPERTY and to the property adjacent to the southern border of the SUBJECT PROPERTY. If any off-site easement or license is determined by the OWNER and/or DEVELOPER to be necessary to facilitate development of the SUBJECT PROPERTY the CITY agrees to use it's best efforts to assist OWNER and/or DEVELOPER to pursue acquisition of any such easement. Within 30 days of a written request from the CITY,which includes legal descriptions and exhibits as necessary, the OWNER and/or DEVELOPER shall grant permanent and temporary construction easements as necessary for the construction and extension of CITY utilities and appurtenances and/or other utilities to serve the SUBJECT PROPERTY and other properties within the CITY. However, OWNER and/or DEVELOPER shall not be obligated to grant any temporary or permanent easements if such grant of easement would in any way encumber the SUBJECT PROPERTY. Furthermore, if an easement previously granted to the CITY is found to encumber the development and/or occupation of the SUBJECT PROPERTY it shall be the CITY'S sole obligation to relocate any such easement at the sole cost of the CITY. It is acknowledged between the Parties that the Raymond Facility will be constructed by the CITY to provide storm-water management for the entire SUBJECT PROPERTY, and the 125060/19 i OWNER and DEVELOPER will contribute their pro-rated share toward construction of the Raymond Facility If the CITY is unable to construct the Raymond Facility which will serve the SUBJECT PROPERTY in a timely fashion commensurate with OWNER and DEVELOPER anticipated development of the SUBJECT PROPERTY then OWNER and/or DEVELOPER shall be allowed to undertake all or a portion of the construction of the Raymond Facility or provide the interim or temporary storm water storage on the SUBJECT PROPERTY as contemplated in paragraph 4(F) of this Agreement. The duration of use of said interim or temporary storm water storage shall terminate once the Raymond Facility is able to accept the storm water from the SUBJECT PROPERTY at which time all storm water conveyance shall be sent to the Raymond Facility. If OWNER and/or DEVELOPER undertake any construction of the Raymond Regional Facility it is agreed to by the Parties that OWNER and DEVELOPER will be fully compensated by the CITY for constructing any such portion of said Raymond Facility. Compensation shall be granted to the OWNERS and DEVELOPER by the CITY based on a reduction in the amount of the required buy-in amount to participate in the Raymond Facility The Parties will calculate the volume required to serve the SUBJECT PROPERTY, and then reduce that amount by calculating the amount of volume which was excavated by OWNER and/or DEVELOPER. OWNER and DEVELOPER will then only be required to buy-in based upon that reduced amount which takes into consideration the capacity excavated by OWNER and/or DEVELOPER. The Parties further agree that during the construction of the Raymond Facility any clay or top soil removed from the site may be utilized by OWNER and/or DEVELOPER for grading of the SUBJECT PROPERTY at no charge to the OWNER and/or DEVELOPER. The OWNER and DEVELOPER agree to provide a temporary access easement to the CITY a minimum of 50' wide across the SUBJECT PROPERTY to allow for a "haul route" to transport soil and/or clay from the Raymond Facility to Lot 1 of the SUBJECT PROPERTY until Lot I has been properly filled pursuant to approved engineering specifications. OWNER and DEVELOPER agree to provide a storm water conveyance route along the portion of the SUBJECT PROPERTY adjacent to Illinois Route 47 within the dedicated right-of- way as depicted in Exhibit "G "for use by the owner of the Northgate development, and other 125060/110 properties north of Galena Road as dictated by the CITY provided it does not interfere with the development of the SUBJECT PROPERTY. The DEVELOPER agrees to obtain written permission from the CITY prior to drawing the initial 1,000,000 gallon water charge necessary for the water park facility each year. It is understood by the Parties that this initial charge will likely occur each year during either the month of April or the month of May, and will occur during off peak hours to be determined and instructed by the CITY.Upon DEVELOPER'S compliance with the requirements of this paragraph the CITY agrees to grant said written permission without delay allowing for the initial charge of the water park facility. 6. SECURITY INSTRUMENTS. A. Posting Security. 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 125060/111 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 this Agreement, and shall accept their dedication subject to the DEVELOPER'S warranty, as described 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. DEVELOPER warrants 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, DEVELOPER shall promptly commence to remedy any defects covered by 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 PROPERTY is determined to have damaged any public improvements previously installed by DEVELOPER within the SUBJECT PROPERTY, then, upon notice thereof from the CITY, DEVELOPER shall promptly commence to repair or replace any and all public improvements so damaged. C. Reduction of Surety Within sixty (60) calendar days after (a) receipt of notice from the 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 sixty (60) calendar day period, be set forth in a written notice to the DEVELOPER. Upon the DEVELOPER correction of the punch list items set forth in said notice, the City Engineer, at the DEVELOPER'S request, shall re-inspect the improvements to be corrected and either approve or 125060/112 disapprove said improvements, in writing within sixty (60) working days of receipt of the DEVELOPER'S notice requesting said re-inspection. As public improvements are partially completed and paid for by the DEVELOPER and accepted by the CITY the Security Instruments deposited by the DEVELOPER with the CITY, if requested by the 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 DEVELOPER warranty obligations secured thereby havelapsed. D. Construction of Offsite and Onsite Improvements OWNER and DEVELOPER shall be allowed to construct the required off site and onsite improvements simultaneously with the issuance of building permits for individual buildings,but it is understood that building permits may not be issued unless OWNER and/or 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 DEVELOPER'S control prevents installation of such improvements), serving any said lot or building shall be installed by DEVELOPER and approved by the CITY, however, before an occupancy permit is issued for said buildings, the balance of the required onsite subdivision improvements not required to serve said buildings may be constructed in phases after issuance of the aforesaid occupancy permit, as the development on each phase progresses. E. 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 1250601113 final plat of subdivision; (ii) prior to construction of the CITY utility improvements provided, (1) such construction is undertaken at the risk of a parry 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 sanitary 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 undertake development activities pursuant to the provisions of this Subsection 6. 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, 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 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 OWNER and DEVELOPER during said five(5) year period. The CITY shall give the OWNER and DEVELOPER a six(6) month grace period 125060/114 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 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 approval of this Agreement. 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. 8. BUILDING CODE The City has adopted the International Building Code, which is updated approximately every three years. The building codes for the CITY in effect of the date of the building permit application will govern any and all construction activity within the Subject Property. 9. FEES AND CHARGES During the first five (5)years following the date of this Agreement, the CITY shall impose upon and collect from the OWNER 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 are generally applied throughout the CITY, except for water meter fees and any other fees and any other fees as otherwise expressly provided for in Exhibit `B" of this Agreement. At the expiration of this five year term, the CITY shall give the OWNER and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the permit, impact, license, tap on and connection fees and charges in order to comply with the new regulations. DEVELOPER and CITY agree that the CITY will impose a five percent(5%) admissions tax(hereinafter"Admissions Tax")on the total net collected admission revenues collected by the water park facility commencing with the opening date of said water park facility throughout the 125060/115 duration of this Agreement. DEVELOPER will remit the total Admissions Tax to the CITY within thirty (30) days after the last operating day of a given season. For a period often (10) years the DEVELOPER, and CITY further agree that fifty-five percent (55%) of any funds collected by the CITY as a result of the aforesaid CITY Admissions Tax will be rebated back to the DEVELOPER within thirty (30) days of receipt by the CITY to offset the DEVELOPER'S cost of constructing a public east/west road through lots 2&3. DEVELOPER agrees to provide the residents of the CITY a discount rate of forty (40) percent off the regular individual season pass price for the water park facility 10. CONTRIBUTIONS The City shall not require the OWNER and DEVELOPER to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. In an effort to enhance ongoing cooperation between the DEVELOPER and the City's Park and Recreation Department, the Park and Recreation Department may periodically use the grass overflow parking areas, described in Section 4-D of this Agreement, for special programming and or events when said parking areas are not in use. Use of said areas by Parks and Recreation must be scheduled in advance with the DEVELOPER and permission for such use shall be at the sole discretion of the DEVELOPER. 11. COOPERATION IN PROGRAMMING. The DEVELOPER and the City's Park and Recreation Department agree to meet a minimum of once per year, on or before Decemberl, to jointly discuss ways of initiating cooperation in programming for the mutual benefit of the DEVELOPER, the City, and ultimately the residents of Yorkville. Cooperative efforts may be pursued in the creation, marketing and operation of programs, themed events, swimming lessons and other activities by mutual consent of both parties. Furthermore, the DEVELOPER shall grant the City's Park and Recreation Department opportunities to submit proposals and program ideas to the DEVELOPER and to partner with the DEVELOPER in the provision of said programs when it is agreed by both parties to be a mutually beneficial direction for the DEVELOPER,the City and ultimately the residents of Yorkville. 125060/116 12. PROJECT SIGNS Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the SUBJECT PROPERTY, OWNER and DEVELOPER shall be entitled to construct, maintain and utilize development identification, marketing and location signs on Route 47 and Galena Road, and at such other locations within the corporate limits of the CITY as OWNER and DEVELOPER may designate subject to sign permit review and issuance by the CITY. Development identification, marketing, and location signs located on the Route 47 and Galena Road shall be allowed to have a maximum surface area of one-hundred and eighty square feet (180), and shall be fifteen (15) feet high, and twelve (12) feet wide. Additionally, each out-lot within the SUBJECT PROPERTY shall be allowed an individual monument style sign on said lot a minimum of eight(8) feet high and fifty (50) square feet per side. Any Offsite Signs will not be located on public right-of-ways. OWNER 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. 13 CONSTRUCTION TRAILERS OWNER and DEVELOPER may locate temporary construction trailers upon the SUBJECT PROPERTY during the development and build out of the SUBJECT PROPERTY, provided any such trailer shall be removed within one (1) week following issuance of the last final occupancy permit. A permit will be required by the CITY for any trailer which will be connecting to electricity. . 14. 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 OWNER 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 125060/117 I 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. 15. ROUTE 47 IMPROVEMENTS A. OWNER & DEVELOPERS Participation. The OWNERS and DEVELOPER agree to financially participate in the improvement of Illinois Route 47 adjacent to the SUBJECT PROPERTY and the cost of signalization at the intersection(s) of Route 47 at the proposed streets entering the SUBJECT PROPERTY pursuant to the terms of this Agreement. The OWNER and DEVELOPER shall make payments on a fair and equitable basis consistent with those payments made by other land owners contributing to the Route 47 improvement project between Base Line Road and Corneils Road However, OWNER and DEVELOPER portion of said Route 47 improvements shall under no circumstances exceed 16.42% of the total cost of the project as depicted in Exhibit"H" B. Dedication of Land. Upon CITY verifying to OWNER and DEVELOPER that the funding mechanisms contemplated in the subsequent paragraphs are adequately provided for,then within 30 days of a written request from the CITY which includes legal descriptions and exhibits as necessary, OWNER and DEVELOPER shall by warranty deed grant fee simple title to the necessary right-of-way, as determined by the Route 47 Phase 1 Engineering Study to the Illinois Department of Transportation to provide the necessary land for widening of Route 47. It is expressly understood by the Parties that the CITY shall direct it's engineering consultant to minimize the amount of Route 47 realignment in preparing the Phase 1 Engineering Study. Furthermore before submission of the Phase 1 Engineering Study to the Illinois Department of Transportation the CITY shall meet with OWNER and DEVELOPER to discuss the Phase 1 Engineering Study. Lastly, it is agreed to by the CITY that OWNER and DEVELOPER shall not be obligated to dedicate any land or grant any easements for the widening and/or realignment of Route 47 other than as stated in this Agreement. C. Value of Land Dedication and Credit. The Parties agree that the land which is to be dedicated to the Illinois Department of Transportation to provide the necessary right of way for the widening of Route 47 shall be valued at the higher of either a fixed value of two-hundred and seventy-five thousand dollars ($275,000.00) per acre, or based upon a real estate appraisal 125060/118 of said land to be conducted as part of the Phase 1 Engineering Study for the project The Parties further agree that the value of the land to be dedicated for widening of Route 47 will be added into the total gross cost calculations of improving Route 47, and OWNER and DEVELOPER will be credited for said land dedication through a reduction in the amount they are required to contribute for Route 47 improvements and/or signalization. Therefore, OWNER and DEVELOPER'S required cash contribution toward improving and/or signalizing Route 47 will be reduced by the dollar value of the parcel of land which they shall dedicate to the Illinois Department of Transportation. Furthermore, OWNER and DEVELOPER shall not be required to make any cash contribution toward the construction of Route 47 improvements, and/or signalization until the credits for the land dedication described in the preceding paragraph have been applied to OWNER and DEVELOPER'S portion of Route 47 construction and/or signalization. For example, if the cost of the land to widen Route 47 is valued at two million dollars ($2,000,000.00), and the cost of improving and/or signalizing Route 47 is twenty million dollars ($20,000,000.00),the total cost of the project would then be calculated to be twenty-two million dollars ($22,000,000.00). Assuming that the OWNER and DEVELOPER share of the improvement cost of Route 47 was assessed at sixteen (16) percent, then their required contribution would be three million eight hundred and forty thousand dollars ($3,840,000). The OWNER and DEVELOPER would be credited for the two million dollar ($2,000,000) land dedication and would then be required to contribute one million eight hundred and forty thousand dollars ($1,840,000)toward Route 47 improvements and/or signalization. D. Tax Rebate Agreement. To offset the land cost associated with the OWNER and DEVELOPER'S land dedication required by the CITY for Route 47 widening, as well as any improvements and/or signalization along Route 47 mandated by the Illinois Department of Transportation, the CITY agrees to enter into a sales tax rebate agreement with OWNER and DEVELOPER. Consistent with the terms of this Agreement the CITY shall place in a separate account for the benefit of OWNER and DEVELOPER fifty percent (50 1/6) of the CITY'S one percent(I%)portion of the State Retailer's Occupation Tax received by the CITY as a result of the development of the SUBJECT PROPERTY. The period of computation of the sales tax rebate agreement will begin separately for DEVELOPER, and OWNER when OWNER 125060/119 undertakes development of Lot 1. The period of computation shall begin for DEVELOPER and OWNER upon occupancy of the first unit of commercial retail development within each respective Lot on the SUBJECT PROPERTY, and will continue for a period of twenty (20) years or until the OWNER and DEVELOPER have been rebated one hundred percent (100%) of their Route 47 land dedication, as well as one-hundred percent(100%) of any required Route 47 improvements and/or signalization including but not limited to design, engineering, as well as six percent(6 1/o) interest whichever occurs first. It is further agreed by the Parties that the benefits contemplated under the sales tax rebate agreement are assignable at the sole option of the OWNERS and/or DEVELOPER as to their portion of the sales tax rebate. Upon written assignments by the OWNER and/or DEVELOPER such assignees shall have all rights currently vested in OWNER and/or DEVELOPER under the sales tax rebate agreement and applicable law, and shall be entitled to enforce such rights through any equitable or legal action. If any portion of lots I,2, 3, or 4 are sold by OWNER or DEVELOPER, OWNER and DEVELOPER shall be entitled to continue to receive payments for their expense in dedicating land, improving, and/or signalizing Route 47 pursuant to the sales tax rebate agreement unless specifically assigned by OWNER and/or DEVELOPER. OWNER and/or DEVELOPER may assign a portion or all of their rights under the terms of the sales tax rebate agreement to any future developer, owners, institutions, or individuals at the OWNER'S and/or DEVELOPER'S sole discretion Lastly, if DEVELOPER fails to purchase lots 2 & 3 from OWNER then OWNER reserves the right to retain the sales tax rebate for itself upon development of the SUBJECT PROPERTY, or assign the sales tax rebate to an alternative purchaser of Lots 1, 2, 3, &4 at it's sole option. E. MY and State Cooperation to Improve Route 47. It is contemplated between the Parties that the CITY will make every reasonable effort to create a Business District which would allow for the generation of additional sales tax revenue on the SUBJECT PROPERTY, at a rate of no more than an additional one percent (1%) tax. If the CITY is successful in obtaining the additional tax revenues through the State of Illinois, then one hundred percent (100%) of all revenues received as a result of the aforesaid additional tax would be rebated back to the OWNER and DEVELOPER by CITY as reimbursement for OWNER and DEVELOPER'S costs incurred in dedicating land, improving and/or signalizing Route 47. 125060/120 Furthermore, the CITY agrees to make every reasonable effort to petition the State of Illinois to relinquish a percentage of the State's portion of the State Retailer's Occupation Tax, and pay any such funds relinquished directly to the CITY. If the State of Illinois enters into such an agreement with the CITY to release any portion of the State's share of the State Retailers Occupation Tax then one-hundred percent (100°/x) of such funds shall be paid by the CITY to the OWNER and DEVLOPER to help offset the OWNER and DEVELOPER'S extraordinary expenses incurred in dedicating land, improving and/or signalizing Route 47. As an incentive for the CITY to pursue the creation of a Business District and/or petition the State of Illinois to relinquish a portion of the State's State Retailer's Occupation Tax on behalf of OWNER and DEVELOPER as specified in the preceding paragraphs, and the CITY does so secure either of the two aforementioned mechanisms in an amount not less that one percent (1%) for a period of twenty (20) years, or until the OWNER and DEVELOPER have been rebated one hundred percent (100%) of all expenditures incurred in dedicating land, improving and/or signalizing Route 47 including but not limited to design, engineering, and six percent(6%) interest, then OWNER and DEVELOPER agree to reduce the term of the sales tax rebate between the Parties from twenty (20) years to ten (10) years. The reduced term of the sales tax rebate agreement contemplated herein shall commence with the enactment of said Business District and/or relinquishment of a portion of the States share of the State Retailer's Occupation Tax in an amount not less than one percent(1%). If the State of Illinois agrees to refund a portion of it's State Retailer's Occupation Tax and/or a Business District Tax is enacted which either separately or cumulatively result in a two percent(2%)or greater sales tax rebate to the OWNER and DEVELOER, for a period of twenty (20) years, or until the OWNER and DEVELOPER have been rebated one hundred percent (100%) of all expenditures incurred in dedicating land, improving and/or signalizing Route 47 including but not limited to design, engineering, and six percent (6 1/6) interest then the Parties agree that the sales tax rebate agreement mandated in paragraph 14(D) shall become null and void, and the CITY shall be entitled to keep one-hundred percent (100%) of it's share of the State Retailer's Occupation Tax. It is also understood by and between the Parties that subsequent to the execution of this Agreement the CITY may explore and implement an alternative method of financing the 125060/121 required Route 47 improvements, which alternative may not have been contemplated in this Agreement, such as the establishment of a TIFF district, Special Service Area, or Bond Financing. If subsequent to the execution of this Agreement the CITY establishes such an alternative form of funding to improve Route 47 then the OWNER and DEVELOPER shall have the right to participate in any such alternative form of financing if they should so choose at their sole option. 16 OVERSIZING OFIMPROVEMENTS Recapture Agreement. In the event the CITY requests OWNER and/or 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 grant a recapture agreement for the benefit of the OWNER and/or DEVELOPER for such expenses including engineering, construction, and other costs including a six percent (6%) interest fee, which may reasonably be expected to be incurred by the OWNER and/or DEVELOPER. 17. 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. 18 DISCONNECTION OWNER and DEVELOPER shall develop the SUBJECT PROPEERTY in accordance with the terms of this agreement, and shall not, as either the OWNER or DEVELOPERS of said property, petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 125o6o/122 i 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. OWNERS and/or 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 ONWER and/or DEVELOPER shall have no further obligations hereunder as to the 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 OWNER and/or 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,reimbursement proceeds, admission tax rebate proceeds, sales tax rebate proceeds, and business district tax proceeds)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 OWNER,DEVELOPERS 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 OWNER,DEVELOPER. or the successor to or assignee of the OWNER, DEVELOPER have provided a substitute letter of credit. 21. LIABILITY OF OWNER It is expressly understood and agreed by and among the Parties.hereto that all responsibility of OWNER under this Agreement shall be extinguished simultaneously with the transfer of title to any portion of the SUBJECT PROPERTY, as to that 12soeon23 particular portion of the SUBJECT PROPERTY from the OWNER to any Purchasers, including but not limited to the DEVELOPERS herein. Thereafter,the purchasers or DEVELOPER assume all of the responsibilities and obligations of the OWNER under this Agreement. It being understood and agreed, however,that OWNER shall also have no obligation to perform the obligations of the DEVELOPER, unless said OWNER agrees in writing to assume said obligations. 22. GRADING The CITY will permit the OWNER and DEVELOPER to grade within the SUBJECT PROEPERTY before final plat approval for any particular phase of the development of the SUBJECT PROPERTY is granted, under the following conditions. A. Prior to commencement of work for any phase,the CITY engineer shall review and approve the OWNER and/or DEVELOPER'S preliminary grading plans for such phase, including interim storm water management, erosion and sedimentation control measures. B. the OWNER and/or DEVELOPER shall assume all risk for such work performed on the basis of the preliminary grading plan and shall agree to modify graded, if so required to satisfy the final approved grading plan and conditions of the final plat and final engineering approvals. C. The OWNER and/or DEVELOPER shall provide the CITY an acceptable form of surety to provide funds for the restoration of the site or correction of any noncompliant conditions that may exist in connection with OWNER and/or DEVELOPER grading and earthmoving and clearing activities. D. The OWNER and DEVELOPER shall comply with all aspects of the CITY'S erosion and sediment control ordinance. 23. 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. 12soeon24 B. Successors and Assigns This Agreement shall inure to the benefit of and be binding upon the OWNER, 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 OWNER and DEVELOPER, and the CITY. C. Binding Effect. 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 panty 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 Betty O'Keefe Family Limited Partnership c/o Kim O'Keefe 5576 Hwy 50 Suite 8 Delavan,WI 53115 with copies to: Scott Christian Thorpe, Compton&Christian, S.C. 1624 Hobbs Drive, Suite 1 Delavan, WI 53115 125060/125 i (II) If to The Lundmark Group LLC Randy Witt DEVELOPER: 5349 W. Cinema Drive Hanover Park, IL. 60133 with copies to: John Philipchuck Dommermuth,Brestal, Cobine&West Ltd 123 Water St. Naperville,IL 60566 Fax: (630) 355-5976 James N. Urhausen The Urhausen Group 1650 E.Main Street St. Charles,IL. 60174 with copies to: Kate McCracken Attorney at Law 1001 E.Main Street Suite G St. Charles,IL. 60174 (IV) 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,I160560 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 125060/126 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 OWNER and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT 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. G. Conveyances Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER 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 OWNER 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 125060/127 I terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY, DEVELOPER, and OWNER. 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 OWNER 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. I 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, Yorkville-Bristol Sanitary 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 125060/128 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 OWNER, including,but not limited to, county, state or federal regulatory bodies. 125060/129 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, The Lundmark Group LLC, an Illinois municipal corporation an Illinois limited liability company, contract purchaser and developer of lots 2&3 By: By: Title:Mayor Manager Attest: Title: City Clerk OWNER: BETTY O'KEEFE FAMILY LIMITED PARTNERSHIP An Illinois Limited Partnership By: Betty O'Keefe Properties,L.L.C., General Partner By: Kim W. O'Keefe,Manager 125060/30 LIST OF EXHIBITS EXHIBIT"A" Legal Description&Plat of Annexation EXHIBIT`B" Plat of Zoning EXHIBIT"C" Draft Preliminary Plat EXHIBIT"D" Lot 2&3 Legal Description EXHIBIT"E" Fee Schedule EXHIBIT"F" Restricted B-3 Service Business District Uses EXHIBIT"G" Regional Storm Water Conveyance Route EXHIBIT"H" Route 47 Improvement Estimates 125060/31 Exhibit 'W' Description of O'Keefe parcel That part of the west half of Section 9,Township 37 north, Range 7 east of the Third Principal Meridian described as follows: commencing at the southeast comer of the northwest quarter of said Section; thence west along the south line of said northwest quarter, 14.28 chains for a point of beginning; thence N14050'E, 30.14 chains to the center line of Galena Road; thence northwesterly along the center line of said Galena Road to the west line of said Section; thence south along said west line to the southwest corner of the northwest quarter of the southwest quarter of said Section; thence east along the south line of said northwest quarter of the southwest quarter, 19.75 chains to a point 1 rod west of the southeast corner of said quarter quarter; thence northeasterly to the point of beginning(except that part lying westerly of the center line of Illinois Route 47)in the Township of Bristol,Kendall County, Illinois. 6 t Existing `�- Corporate i / Boundary M.P annexed to the United City of ` Yorkville y v r i Territory Annexed 2i 0 _ Pq m 0 A 0 g€ 0 �eN eCAmtlaY}5. _sue w s Existing Corporate Boundary I CNi9AXroMekAavciRU .wnne � � Annexation MapTPMm - II m Plat of Zoning Fir 65 c' - - I i it i I r .cnrex x, ee��axees °- 1 Plat of Zoning xU W �\ 1 ✓/ Proposed Subdivision 1 � 923 X9.8 jl ]•696�2vw l I 1 — I 3 � I I.Sb1.iOl e4L. 111 31.35 acac f •"1 f 11 I I I I 4 832.650, ": va a I Ia� I I I II 1 IOepALwrllekAVxi�er .n��_ s e Plat of Subdivision ,A� i EXHIBIT D Description of Water Park Parcel(42.55 acres) That part of the west half of Section 9,Township 37 north, Range 7 east of the Third Principal Meridian described as follows: commencing at the southeast corner of the northwest quarter of said Section; thence west along the south line of said northwest quarter, 14.28 chains for a point of beginning; thence S 15°34'22"W along the east line of lands described in Document 2005035985, 716.99 feet; thence S87 056'46"W, 1452.82 feet to the east line of Illinois Route 47; thence N1°06'54"W along said east line of Route 47; 100.38 feet;thence NO°19'02"E along said east line of Route 47, 200.05 feet;thence NI°06'54"W along said east line of Route 47, 373.63 feet; thence N87°56'46"E, 213.36 feet;thence northeasterly along a circular curve having a radius of 315.00 feet concave to the northwest, the chord of which bears N61°01'02"E, 296.10 feet; thence northeasterly along a circular curve having a radius of 385.00 feet concave to the southeast, the chord of which bears N55°35'01"E, 288.88 feet;thence N77°04'45"E, 476.89 feet; thence easterly along a circular curve having a radius of 315.00 feet concave to the north, the chord of which bears N70°39'36"E, 70.58 feet to a point on a line 500 feet westerly of and parallel with said east line of lands described in Document 2005035985; thence N13°37'14"E along said parallel line,828.19 feet; thence S76°22'46"E, 500.00 to said east Iine of lands described in Document 2005035985; thence S13 037'14"W along said east line of lands described in Document 2005035985, 1084.23 feet to the point of beginning in the Township of Bristol, Kendall County,Illinois. Area: 1,847,234 sq.ft. 42.40 acres Cl ry United City of Yorkville EXHIBIT E J2 a County Seat of Kendall County 800 Game Farm Road CST. I '.1836 Yorkville, Illinois, 60560 Telephone: 630-553-4350 O Ifw ti Fax: 630-553-7575 Website: www.yorkville.il.us COMMERCIAL PERMIT FEES Permit/Plan Review Building Permit $750.00 plus$0.20 per square foot Plan Review Based on building size(See Attached) Contributions Development Fee $3000.00*-See Attached Ordinance 2004-55 (Increase in Bristol-Kendall Fire Protection District Fee) Water/Sewer Sewer Tap See Attached Ordinance#96-11 Water Tap Water Meter Size Water Connection Fee P' $3,700 1 1/2" $4;000 2" $5,000 3" $ 8,000 4" $15,000 6"and larger TBD Water Meter Water Meter Size Water Meter Price 1" $ 485.00 1 1" $ 790.00 2" $2800.00 3" $3550.00 4" $5420.00 6" $8875.00 Engineering Inspections $60.00 River Crossing Fee $25.00 per drain unit. See attached Ordinance 97-11 **Engineering and Landscaping review fees will be billed separately. ***Please call the Yorkville Bristol Sanitary District for sanitary permit fees(630)553-7657 EXHIBIT E NTULTIPLE-F-AIMILY RESIDENTLALUSE GROUTS A. NewConstinctim Per U--it $350.00 pi s s0.i5 PET 31 B. Remodeli-g per Unit SM.00 PAZ $O,'.0 per s.f. C. D--Iached Garage Per Unit wi'hortE"6cTn'-CaI E. Detached Gains Per Unit-wi,n Blectncall S700,00 E. Temporary to Start Construction 21% of full perm* fee; uot to be applied to the full permit fee F -,mpGrasy Cerd8catc of Occupancy when Requested by W per unit.(non-refirndable} the Builder when Cirmenstances Do Not Warrant, ALL OTHER USE GROUPS A. New Construction $750-00 T)"Us M20 per square loot E- Additions. $500,00 plus S0-20 per squaFe.foct C. Remodeling $350.00 Pius SOAlOper square loot D. Temporary to Start ConsmictioD 25% of full perm-it fee, not to be applied to the full permit fee E. emporaxy Certificate of 0mirpancy when Requested by S200.00(non-refoize-able) the Builder when Ciic=stances Do Net Warrant NOTE: Bu uOd-mg permit fee does no include the plan review fee for the `multiple-fa;mmily Te i 'I Isidenaialuse gToup" and "other use groulp" categories, The plan re-view fee will be based on the schedule following the permit fees, Plan review fees to the juspection firrn-will be Paid at the same time as the building permit fee. EXHIBIT E i Y3F'iFT-E-S Vary vary due to outside consultant's fte schedules.) BUILDING CODE Buildit.a Size Fee i to 60,000 cubic :eel $355.00 60,001 to 80,000 cubic feet $400.00 80,001 to 100;300 cubic feet $475.00 100;001 to 150,000 cubic feet $550.:00 150,001 to 200,000 cubie feet $650.00 over 200,000 cubic f---t $650.00+$6.50 per 10,000 cubic feet over 200,000 REMODELING PLAN REVIEW 1/2 of Plan Review Fee Listed Above .e,LECTRIC4,L, MECHANJCAL, OR PLUMBSNC PLATS REVIEW ONLY 'A of Plan Review Fee Listed Above FIRE DETEC IOi° /A.LARM SYSTEMS $i 1 5.00 per 10,0100 seuarE feet of fl=r area FIRE SPRZETh'.LER SYSTEMS Number of Sprinklers Pipe Schedule Hydraulic Calculated Up to 200 $250.00 5500.00 201-300 $300.00 5575.00 301-500 $400.00 $775:00 Over 500 $450.00 S850.00 PLUS; for each Sprinlder over 500: $0.60/each $0.95/each ALTERNA`E FIRE SUPPRESSION SYSTEMS Standpipe 5175.00 pe;: Sta-ndpipe Riser (i;a charge with Spiankier Review; Spec::i izad EmuAwsbar Age^t rD y or Other Chemical, gent) $125.00 per 50 pounds agent Food Duct C`cok Extti .usher Agexit 515 cx �; g g � . 0.00 flat Tate per system. NOTE =f any plan has c. be s(.nt to an outsid: consuhaat offer *aan u:e iTispeClcrl f "ih.. .luiside u11 be ^cha;gedi. and that ie_- p.qya directly o the 0L4slfde cons'.i..'2::t. EXHIBIT E STATE OF 1LLj--LAOIS j COUNTY OF KERMALL ) ORDINANCE 2004-S5 AN ORDINANCE AMENDING ORDINANCE INTO. 2003-31 AN ORDINANCE SETTING FORTH THE STANDARDS AND REGULATION FOR PAYMENT FOR DEVELOPMENT ' AND EXTENSION OF UTILITY COSTS UPON ANNEXATION AND/OR PLANNED UNIT DEVELOPMENT TO PROVIDE FOR AN INCREASE IN THE BRISTOL KENDALL FIRE PROTECTION DISTRICT FEE N7 HEREAS,the UNITED CITY OF YORKVILLE is currently experiencing a substantial increase in population,together with the need to expand existing municipal services to provide for orderly growth and adequate municipal services; and WHEREAS,the BRISTOL KENDAI-L FIRE PROTECTION DISTRICT provides fire protection, emergency medical services and rescue services for the UNITED CITY OF YORKVILLE; and )WHEREAS,the UNITED CITY OF YORKVILLE has thoroughly reviewed the need for expanding municipal se,-vices and the need for capital purchases and reviewed the study conducted by the BRISTOL KENDALL FIRE PROTECTION DISTRICT, a copy of Which is attached hereto and incorporated herein by reference, to support increases in the fees provided herein; and WHEREAS, the UNITED CITY OF YORKVILLE has thoroughly reviewed the cost to be incurred to provide for the expansion of said City; and —I- EXHIBIT E WHEREAS, the City has determined that the following fees bear a rational relationship to the costs anticipated to be.incurred by the various governmental entities and departments of the City to be arected; and WHEREAS, th"e UNITEED CITY OF YORKVIL.LE has previously enacted Ordinance No: 2003-31 which set standard; and regulations for payment of the extension and development of capital costs for utility and governmental purposes; and WHEREAS, one component of that Ordinance was to collect the sum of Three hundred and 00/00 dollars ($300.00) for the acquisition of equipment and vehicles,maintenance of the BRISTOL KENDALL FIRE PROTECTION DISTRICT, and for other capital purchases of said BRISTOL KENDALL FIRE PROTECTION DISTRICT; and WTIEREAS, the UNITED CITY OF'Y"ORKVILLE has been requested by the BRISTOL I ENDALL FIRE PROTECTION DISTRICT to increase the amount of said fees to the sty of One Thousand and 00/00 Dollars ($1,000.00)per single-family residential dwelling unit and single-family attached dwellings including,but not limited to, duplexes and town homes; and WHEREAS, the UNITED CITY OF YORKVIL.LE has been requested by the BRISTOL KENDALL FIRE PROTECTION DISTRICT to increase the amount of said fees to the sum of Five Hundred and 00/00 Dollars ($500.00)per unit.of any multifamily structure, including,but not limited to, apartment buildings; and WHEREAS, the UNITED CITY OF YORKVILLE has been requested by the BRISTOL KENDALL FIRE PROTECTION DISTRICT to increase the amount of said fees for all other occupancy ciassifications as follows: EXHIBIT E a. The sum of 10.0 cents per square foot,with a minimum fee of One iiousand and Ou/40 Dollars( 1,4{}0.00) effective as of 3anuary 1; 2005 up and to April 30, 2006. b. The sum of 12.0 cents per square foot,with a minimum fee of One Thousand Two i Hundred and 00/00 Dollars ($1,200:00)effective from May 1,2006 up and to April 30, 2007. C. The mm of 15.0 cents per square foci,with a minimum fee of One Thousand Five Hundred and 00/00 Dollars ($1,500:00) effective from May 1, 2007, NOW THEREFORE, the UNITED CITY Or YORKVILLE, does upon Motion duly made, seconded and approved by a majority of those voting does hereby ORDAIN- 1 Ordinance 2003-31 is hereby amended to increase the Development Fee for the BRISTOL KENDALL FIRE PROTECTION DISTRICT payable per single-family residential dwelling unit and per single-family attached dwelling including, but not limited to, duplex and town home residential dwelling unit from Three Hundred and 00100 Dollars ($300.00)to One Thousand and 00/00 Dollars (51,000.00)for each unit annexed, zoned, and platted on.and subsequent 1.0 the effective date within the United City of Yorkville on a subsequent to the effective date of January 1,2005 payable at the time of issuance of building permit, or payable at the time of building permit for each unit annexed and zoned within the United City of Yorkville on and subsequent to the aforementioned effective date. 2. Ordinance 2003-31 is hereby amended to increase the Development Fee for the 13M T OL KENDALL FIRE PROTECTION DISTRICT per unit of any EXHIBIT E multifamily structure, including,but not limited to, apartment bindings to Five Hundred and 00/00 Dollars ($500.00) for each unit annexed, zoned, and platted for mu_lt f muly residential development within the United City of Yorkville on and subsequent to the effective date of January 1,2005, payable at the time of issuance of building permit,or payable at the time of binding permit for each unit annexed and zoned within the United City of Yorkville on and subsequent to the aforementioned effective date. 3. Ordinance 2003-31 is hereby amended to increase the Development Fee for the I BRISTOL KENDAILL FIRE PROTECTION DISTRICT for all other occupancy classifications,including but not limited to Office District, B-1 Limited Business District, B-2 General Business District,B-3 Service Business District,B4 Business District, M-I Limited Manufacturing District and M-2 General Manufacturing District,as follows: a. The sum of 10.0 cents per square foot,with a minimum fee of One Thousand and 00[00 Dollars($1,000.00)for any real property annexed, zoned, and platted within the United City of Yorkville effective as of January 1, 2005 up and to April 30,2006,payable at the time of issuance of building permit, or payable at the time of budding permit for each unit annexed and zoned within the United City of Yorkville on and subsequent to the aforementioned effective " date. b. The sum of 12.0 cents per square foot,with a minimum fee of One Thousand Two Hundred and 00100 Dollars($1,200.00) for any real property annexed, EXHIBIT E zoned, and platted within the United City oft'orkvdlle effective from May 1, 2006 up and to Aprl 50, 22007,payable ad the time of issuance ofbuild ng permit,or payable at the tune of building permit for each unit annexed and zoned within the United City of Yorkville on and subsequent to the aforementioned of eeuve date. i c. The sure of 15.0 cents per square foot,with a minimum fae of One Thousand I Five Hundred and 00100 Dollars($1,500.00) for any real property annexed, zoned, and platted within the United City of Yorkville effective txom May 1, 2007 forward,payable at the time of issuance of building permit for each unit annexed and zoned within the United City of Yorkville on and subsequent to the aforementioned effective date. 4, This Ordinance shall be contingent upon receipt by the UN,7ED CITY.OF YORKVILLE of a 3vritten agreement in the form satisfactory to the I RN73 ED CITY OF YORKVILLE which holds the LNITED CITY OF YORKVILLE haarol.ess,including it and agreeing to defend the UI ITED CITY OF YORKVILLE of any claim made as a result of the imposition or collection of said fees. 5. The various parts,sections, and elauses of this Ordinance are hereby declared to be severable, If any part, sentence;paragraph,section, or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction,the remainder of the Ordinance skull not be affected thereby. —5— EXHIBIT E PAUL 7AWP-S MARTY M-UNI vS V RICHARD STICKA �_ WANDA OHARE V VALERIE BURD ROSE SPEARS V LARRY KOT JOSEPH BESCO t APPROVED by me, as Mayor of the United City of Yorkville, Kendall County,Illinois, this a`n day of f1Sh--kg� A.D. 200q , MA OR PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this I day of Qchj�dn . A.D. 20�tl. Attes _ m 1 � y ERK Lave Offices of Daniel J. Kramer 1107A S. Bride Street Yorkville, 11linois 60560 630.553.9500 STATE Or LILL�0is / 91,01gXHIBIT E COUNTY OF IcEh'DALL ) / A_q ORDTNAINCE A HINDTNG THE TAP-ON FEE SMEDULE IN THE LTIITED CI'T'Y OF YORKV7L LE WHEREAS, the cost flf Droviding sanitary sewer serv-1ces has ris4= substantially, ove7 uh8 last several years; and 1rJ 3EPkS, the City of Yorcv lle.has been required to ,oravide sanitary sewer services and maintenance as a result of an increase in development; and ' 11=REAS, the Mayor and City Council of the United City of Yorkville have determined it to be in the best interest of the City and its residents to increase the "Tap-On" fees for sanitary I sewer serdic°. 'I DEFLNITTONS "011ftV - v7e'r .s each floor drain, Wash basic, wash fountain, toilet, urinal, shower, air condition er drain, water cooler, dentist tray drain. or outer similar plumbing fixture and any I oin of any machine, vessel tank of try kind, manifoided or simply, through which waste may flow into a sewer; .t`le flow of which ultimately is processed by Water Pollution .Control of the Yorkville Bristol Sanitary District. "T'oilet%means a bathroom, resuoom or other facility baying no more than 3 outlets {as : defined herein). PROVISIONS 1. _Any residential arope-y wishing to hook-up to ciry sanitary sewer service shall pay to the city a flat rain of 52,0000 per dwelling unit: This is irl aWticn to any arid al: other fees charges by any old),tr entity including the applicable sanitary d-ist:Tict. EXHIBIT E 2. Any multi-family building will nay.an additional -ce of$400.00 for each drain unit for common area drains which include but are not "united to laundry rooms, floor drains etc. this additional fee shall. be Da,,'d based on the s-mr-ration of ddrain .'anils Times the 5400.00 rnultip'!ier. Laundry washer unit x 1/2 Floor drain x 1/2 Common use toilet x 1 1/2 Common use-showe7 x I Common use sink- x 1/2 Pool facilities x 2 Common use 'Kitchens x 1 1/2 3. 10% rLTa All non—esiden 'a] propi�rfiei shall be charged a fee based on the total number of in units as listed d in the attached.schedule "A% times a multiplier of$400,00. This Ice is in addition a I to 0 other fees charge' by any other entivy including sanita-,-, districts. 4. All toilets havilliz more than 3 outlets, shall pay at the additional rate of 0.5 drain units. per outlet -each. This applies to both residential and non-residential properties. S. A separate and independent building sewer shall be provided for every building, except ,,where one building stands at the rear of another on an interior lot, and no private sew-,r is available or car be constva--ted to the rear building through an adjoining alley, court, yard, or d-)`Ye-,va-Y, the front building may be extended to the rear building and the whole considered as one building sewer, but the City of Yorkville does not,and will not assume any obligation or TeSDOPSil�ility for damage caused by or-tsull�ng form any such single conrip-ction - c-,n,-ntio7,ed. - I j I L. � - alo-1 EXHIBIT E 6. The me, slope, alignment, mateTialls of constru-Ifion o; sewer, and the methods tC. beusedin excavanng, piacmg ofth- pipejointing, testing andbackffilin- ft n-encIi, shalll all conform to the requirements of the City and/or State building and pIurr;Din,g'cod-1 or other applicable -.uIcs anti regulations of the City of Yorkville or Yorkville Bristol Sanitary Distnict, No person(s) shall m ake connection of roof downspouts, foundation drain$, areaway drains, or other sources or sun ace runoff or groundwater 40 a building drain which in lum is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the City of Yorkville for purposes•of disposal of polluted surface drainage. 8. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plarobing code or other applicable rules and regulations of the City of Yorkville and the Yorkville-Bristol Sanitary District. All such connections shall be made gasri.aht and watertight and verified by proper testing. Any devilation, ITQTn, the prescribed procedures and materials must be approyod, by the City Public Works Dep?-=Cni befam installation. 9. The applicant for the building sewer pewit shall notify the Public Works Department when the building sewer is ready for inspection and connection. to the public sewer. The ccr,n-Iction and testing. shall be made, under fhe supervision of the superintendent or his representative. 'G. A-'I 'Excavations for building sewer installation shall be adequately guarded with Danicades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public properry disturbed in the course of the work shall be restored in a manner satisfactory to the City of Yorkville ?ublOc. Works Department, EXHIBIT E , ate ance be etffec&e w c IIgE G ALL oTIUE& RE»zCT% � fte s » and r-ate: for the City of Yorkville as _rnw+ c6 2 � Passed � . day d )&AiA 19 k%%OR ATTESTED: ^ - � c= c£R Law ofs «Daniel £ Am= 1103 Soudi 322 Street ?ems:% Ljlinois 60560 6301533500 SCHEDULE EXHIBIT E TTSE OF BUU DING NO. OF DRA2W UNITS STORE-S, MERCAN711-r- AND OFFICE BUD-DINGS Each private toil-.• I Each public toilet with -no more than three outlets 1-1/2 Each additional owlet alet 2 Soda Fountain Grocery Stores & Meat Markets with garbage gn.narrs 2 DRIVE-LNS Each public toilet 1-1/2 Kitch C,i's 1-1/2 RESTALT-ANTS AND TIEKI—EERS Food str-6ce capacity. No. of persons 0-50 1 50-100 2 100-200 3 , Each private toilet I Eacl, public toilet 1-%2 SERVICE STATIONS Each public toilet Wash rack 2 CLUBS Falm toilet I-%2 Restaurant clharge- as above MOTELS AND HOTELS 7acb room with bat or shower amilor toilet 1/3 Eacn public toilet -Y Restaurant charge as above EXHIBIT E MOBILE TRAILER PARKS Each r%aileT space with sanitary sewCl- outlet V2 Each automatic wash-.r unit V2 Ea-,h, IoDet Each Public shower LAUNDRIES Each automatic, -,7.,ash--T un,.t 1/2 Each Public toile, 1-1/2 SE 1-F-SERVICE CAR WASH T De rack (coviereA) I � I Per -?--k (uncovered) 4 AUITONLATIC CAR WASH Each production line 10 Each public toilet I-V2 MURSING HCIMMES AND HOSPITALS Resider+ capacity of each building determined from architect's plans D an � I and spemifira6ons divided by 4 (Quotient to 2 dec-imal points) SCHOOLS Student capacity of each building detc=dned from architect's plans and specifications divided by '2 (Quotient !a 2 decimal'points) DOMMITORMES, FRATER-NUDES AND SORORITIES Resident capacity of each building deter-pined from architect's plans and speeffications divided by 6 (Quotient to 2 decimal points) STATE OF ILLINOIS } EXHIBIT E }ss ` COUNTY OF KENDALL } ORDINANCE NO. 2006- ORDINANCE AMENDING ORDINANCE 2003-79 AND REPEALING ORDINANCE 2005-40 ESTABLISIUNG MUNICIPAL WATER CONNECTION FEES IN THE UNITED CITY OF YOI2KVILLE WHEREAS the United City of Yorhille has taken u discussed and considered amending , t3' P, g the City Ordinance 2003-79 regarding Municipal Water Connection Fees; and WHEREAS, in amending City Ordinance 2003-79, City Ordinance 2005-40 (which. previously amended Ordinance 2003-79)will by necessity be repealed. WHEREAS,the Mayor and City Council have discussed that it may be prudent to amend said Ordinance 2003-79 to change certain connection fees by substituting the Charts defining Residential and Non-Residential Connection Fees depicted on the attached Exhibit"A"and Exhibit"B", in place of Exhibit"A"and Exhibit"B"in Ordinance 2003-79. NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVLLLE,upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,hereby enact the water tap-on fee schedule set out in the attached Exhibit "A"and Exhibit`B", and EXHIBIT E �. Any Ordinance or parts thereof in conflict with the provisions of this Ordinance, specifically including Ordinance 2005-40,are hereby repealed to the extent of such conflict vith this Ordinance. 2. The portion of this Ordinance affecting the water connection fee as indicated in Exhibit"A" and Exhibit"B"shall become effective on June 15,2006, J_AAfS BOCK JOSEPH BESCO VALERIE BURR _ 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 �f Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this day of A.B.2006. ATTEST: �,. �� .�-Q C Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 EXHIBIT A: RESIDENTIAL CONNECTION FEE EXHIBIT E 20D5 WATER SYSTEM CONNECTION FEE UPDATE United City of Yorkville, Kendall Co., IL Projected Connection Fee P.E.Per Based On Residence Type Residence $1,0571 P.E. Efficiency or Studio Apartment 1-D0 $1,057 1 BedroomA artment/Condo 1.50 $1,586 2+ Bedroom Apartment/Condo 3.D0 $3,171 1 Bedroom Townhome 1.50 $1,586 2+ Bedroom Townhome 3.00 $3,171 Du lex Home 3.50 $3,700 Sin le Family Home 3.50 1 $3,700 l'. EXHIBIT E E . EXHIBIT B: NON-RESIDENTIAL GONNECT€ON FEE ` 2ODo WATER SYSTEM CONNECTION FEE UPDATE United City of Yorkville, Kenda!I Co., 1L Water Water Mater Connection Size Fee Less Than Or Equal To 1" $3,700 1 112" $4,OD0 2" $5,000 3" $8,000 4" $15,000 o"and Larger TBD Legend Non-Residential Land Use shall be considered all land uses other than those defined in Exhibit A, Page 1 TBD= Connection Fee To Be Determined By City Council on a Case-By-Case Basis En0ir+evrinH Entsrprinnn. [�c� EXHIBIT E STATE,OF ILLRvOIS } 4/497 3.2.97 COUNTY OF KENDALL ) 5.7:97 c.i 5.16.97 ORDINANCE ESTABLISHING A FEE TO FUND A NEW SANITARY SEWER RIVER CROSSING IN THE UNITED CITY OF YORKVILLE WHEREAS, the cost of providing sanitary sewer service has risen substantially over the last several years; and Wf1EREAS, the City of Yorkville has been required to provide sanitary server services and maintenance as a result of the increase in development and usage of City sanitary sewer mains; and WHEREAS, the Yorkville Bristol Sanitary District which provides sanitary sewer treatment for the sewage transmitted through the City of Yorkville sanitary sewer mains has experienced a dramatic increase in demand for treatment of sanitary sewage; and WHEREAS, studies conducted by the Yorkville Bristol Sanitary District and considered by the City of Yorkville's Engineer and Economic Development Committee have shown and found that there is not sufficient capacity in the current Fox River crossing siphons to transmit sewage to the Yorkville Bristol Sanitary District Treatment facility located on the north side of the Fox River, capable of addressing the demands from new development; and WHEREAS, City of Yorkville will front fund the cost of a new river crossing by the Yorkville Sanitary District; and WHEREAS, the City has established a fund to recover $595,000.00 to be given to the Yorkville Sanitary District by the City for the construction of a river crossing to transport sewage to the Yorkville Bristol Sanitary District plant on the north side of the Fox River. -1- EXHIBIT E NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE a Sanitary Sewer River Crossing Fee is hereby establisher)to fund a sanitary sewer river crossing in the UN 71TED CITY OF YORKVILLE under the following terms: 1. A fee is hereby established payable for each P.E. or Drain Unit at the issuance of every building permit issued by the United City of Yorkville, for any parcel of real property located within the Sanitary Sewer Service area depicted in the attached Exhibit "A" incorporated herein by reference. A) For purposes of residential sanitary sewer conversions, P.E. shall be calculated at the rate of$25.00 per P.E. for single family residential properties. B) For all other properties the fee shall be calculated on the basis of$25.00 . per Drain Unit, as calculated per Ordinance No. 96-11. C) The above fees will in addition, accumulate interest from the time of expenditure by the City at a rate of 8% per annum. 2. The above fees are to be paid for all building permits issued on real property located within the Sanitary Sewer Service area depicted in the attached Exhibit"A" incorporated herein by reference for which a new sanitary sewer connection is required. 3. The fee is applicable to both areas within the United City of Yorkville and areas/property outside the City boundaries which hooks-on to the City of Yorkville Sanitary Sewer System and serviced by Yorkville Bristol Sanitary District Plant. 4. This fee shall be required to be paid on all affected real properties after the effective date this Ordinance is passed and approved by the City Council; and due publication thereof. S. The fees to be charged under the terms of the Ordinance shall be imposed for a period of -2- EXHIBIT E 20 years from the date of the passage of this Ordinance by the City Council of the United City of Yorkville. This fee is in addition to any other fees charged by the City of Yorkville for any other purpose including any other sanitary sewer fees. That should any provision of this Ordinance be found to be invalid then the remaining portion of the Ordinance shall remain in full force and effect. This Ordinance shall be effective as to all building permits issued by the UNITED CITY OF YORKVILLE starting June 1, 1997 Passed and approved this n)d�' ay of 1 j 1997. YOR ATTEST: 7�JP�J�cn �C. �n�iT1c)n� CITY CLERK Law Offices of Daniel J. Kramer I I 07 S. Bridge Street Yorkville, Illinois 60560 630.553.9500 R:\CLIENTSICITYOFYO\ORDINANOSEWER2 -3- �, is 4��. � � ♦, ;li"l,' ■ ' � �INN,:FP ----------- �' ty �� o ` p wo �4 i Exhibit"F" The following listed uses shall be prohibited uses in the B-3 Service Business District zoned portion of the SUBJECT PROPERTY. B-1 Limited Business District 1. Substation B-2 General Business District 1. Dance Hall 2. Pawn Shop 3. Reducing Salon,Masseur,and Steam Bath B-3 Service Business District 1. Agricultural Implement Sales and Service 2. Building Material Sales 3. Business Machine Repair 4. Feed and Grain Sales 5. Kennel 6. Taxicab Garage i 33 LU \ § § ) � 00 § j § f i5 \ | Z1 ( � i � ( § � )to aa § � _ Bt ■ ) k § ■ m , ( § § ) 0 § # { LLJ IL , . � g g RHO /is H. � § / ( A b e z / ] - IL�/ \ ° ) f ( k / § � � � I � ƒ , O� yJ7yee # � I - / & c 9� ag ! ! \� EXHIBIT H J v o e M '� O O O O O . z a N O t� f0 L6 O N O N O O p (7 m m s O O N O N t7 Iq O b m r W L E o E w COJ m O N C6 k6 O w U e '. \ F Q t C W tm+! W N ~ N O LL h O N _ Ot U' $ m w F m a• m V 2Z. O K J Y o r f L d F LL YtG O a W d' F w wi g;,' E f. O ZO W m N o O m N O e h a U N O �. an d N M J m N i " E O D �� v Z m W 2 U p Z w '°" o v m N { m m m O N m LL n a ? >J w N 0 0 N Q m m Z tr N D a Z O K Q a m` m V �` •a W «+ m «a i u p W p N m o .e F O n i rn 0 ry m E „ ci Z r v m U' ei N Z F F = m Z o J rn w 3 ED F K Q 'a z z w N a` '. LL w w w w O J Fy. W Z -- f V m J _ *i.: Z e� e w mNo °o O rn Zmm om a 'C 0 7 m N m o _y, Z 0 0 W r m V n C C mm p ] N M LL m O C O 1p Q w o w ° w w coo K � > H N W o r o W -� J O N 0 y 4 J W ~ 0 0 Q w E o < v v +e^ N y Q o m N EXHIBIT H S C:� O C� 0 0 iT w z r E 101 E C� v: 0 a (D w . C% w LU M C4 0 l R 0 CL z 0 z w E 0 Ci ❑ IR R W e 0 z 0 0 C6 M 0 z z > W M > o W q ci 6 0 WO - N Z w z , ZO2 4 mm W Z 0 C3 0 C z 0 0 (6 n E W z rc 2r, C6 ZW w 0 W 2 m N �lt -cl 6 0 Z C6 h 0 A Si Iq < o 0 Al F m E E 0 0 CA MCD < E Ui STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (O'Keefe Property) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois,that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit"A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; 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 Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11-15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with; and Page 1 of 3 WHEREAS, the property is presently contiguous to the City. 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, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation 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 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 I I : Prepared b P Y John Justin Wyeth City Attorney United City of Yorkville 800 Game Faun Road Yorkville, IL 60560 Page 3 of 3 >=� dab. STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE,KENDALL.COUNTY,ILLINOIS I (O'Keefe Property) WHEREAS, a written petition, signed by the legal owner of record of all land within the territory hereinafter described,has been filed with the City Clerk of the United City of Yorkville,Kendall County, Illinois,requesting that said territory be annexed to the United City of Yorkville; and, WHEREAS, there are no electors residing within the said territory, and, WHEREAS,the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville; and, WHEREAS,legal notices regarding the intention of the United City of Yorkville to annex said territory have been sent to all public bodies required to receive such notices by state statute; and, WHEREAS, copies of such notices required to be recorded, if any,have been recorded in the Office of the Recorder Kendall County, Illinois; and, WHEREAS, the legal owner of record of said territory and the United City of g tY Yorkville have entered into a valid and binding annexation agreement relating to such territory; and, WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: SECTION 1: The following described territory, That territory described in the Legal Description which is attached hereto and made apart of this Ordinance. that territory also being indicated on an accurate map of the annexed territory (which is attached hereto and made a part of this Ordinance), is hereby annexed to the United City of Yorkville, Kendall County, Illinois. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of the Ordinance, together with an accurate map of the territory annexed attached to this Ordinance. SECTION 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. 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. I I I 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 ) ORDINANCE NO. 2006- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (O'Keefe Property) WHEREAS, Betty O'Keefe Family Limited Partnership is the legal owner of record of property described on Exhibit"A" attached hereto and incorporated herein(the Property), and WHEREAS, Betty O'Keefe Family Limited Partnership, owner/developer of the Property has made application by petition for the rezoning of the Property pursuant to an Annexation of the Property, and WHEREAS, owner/developer has previously entered into an agreement for annexation, and zoning of the property, and WHEREAS,the Yorkville Plan Commission has recommended the annexation of the property. 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 as B-3 Service Business District as described in attached Exhibit «B„ 2. The Property shall be developed according to the terms of an Annexation Agreement previously adopted. 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 ) I ORDINANCE NO. 2006- AN ORDINANCE GRANTING REZONING FOR THE PROPERTY LOCATED AT FOX HILL CENTER SOUTHWEST CORNER OF ROUTE 34 AND SYCAMORE ROAD FROM B-3 SERVICE BUSINESS DISTRICT TO B-3 SERVICE BUSINESS DISTRICT SPECIAL USE WHEREAS, the City Council, and the Plan Commission of the United City of Yorkville have held all necessary Public Hearings and considered the application of Pat Smart, as Contract Purchaser of the real property legally described in the attached Exhibit "A"for the purpose of modifying and amending the zoning of said real property to provide a change in Zoning from B-3 Service Business District to B-3 Service Business District Special Use for a Pre-Kindergarten; and WHEREAS, publication was duly made in the Kendall County Record giving notice to all those interested parties as required under Illinois Compiled statutes and Ordinances of the United City of Yorkville of the proposed amendment to the Zoning Map of the United City of Yorkville,modifying and amending the zoning of the real property legally described in the attached Exhibit"A" from B-3 Service Business District to B-3 Service Business District Special Use for a Pre-Kindergarten. WHEREAS, a positive recommendation has been made from the Plan Commission to the City council recommending approval of said amendment to the Zoning Map of the United City of Yorkville permitting said property to be zoned B-3 Service Business District Special Use for a Pre-Kindergarten. NOW THEREFORE, upon Motion duly made, seconded, and approved by the majority of those members of the City Council voting, the following action is hereby taken by the City Council of the United City of Yorkville: 1. Approve an amendment to the Zoning Map of the United City of Yorkville changing the zoning of the subject parcel from B-3 Service Business District to B-3 Service Business District Special Use for a Pre-Kindergarten. 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 Legal Description Exhibit A 1565 Sycamore Road, Unit H located on the southwest corner of Route 34 and Sycamore Road, Yorkville, Kendall County, Illinois. EW ANNEXATION AGREEMENT BETWEEN NEIL BORNEMAN,BEVERLY BORNEMAN AND CRAIG BORNEMAN, AS OWNERS AND THE UNITED CITY OF YORKVILLE KENDALL COUNTY,ILLINOIS Prepared by: Robert E. Nelson Attorney at Law 30 South Stolp Avenue, Suit 402 Aurora, IL 60506 I i TABLE OF CONTENTS Page RECITALS: ................................................................................................................................... 1 1. ANNEXATION.................................................................................................................2 2. ZONING. ...........................................................................................................................3 3. FEES, DONATIONS AND CONTRIBUTIONS.............................................................. 3 4. RECAPTURE....................................................................................................................5 5. STORM WATER FACILITIES. ....................................................................................... 5 6. AMENDMENTS TO ORDINANCES. .............................................................................5 7. BUU DING CODE. ...........................................................................................................6 8. FEES AND CHARGES.....................................................................................................6 9. SPECIAL ASSESSMENTS OR SPECIAL USE DISTRICT.................. ...................6 10. LIMITATIONS.................................................................................................................. 6 11. RECAPTURE AGREEMENTS. .......................................................................................6 12. YORKVILLE BRISTOL SANITARY DISTRICT..........................................................6 13. CONFLICT IN REGULATIONS......................................................................................7 14. TRANSFER.......................................................................................................................7 15. CITY ASMSTANCE.........................................................................................................7 16. GENERAL PROVISIONS. ...............................................................................................7 17. LIST OF AXHIBITS........................................................................................................ 11 i i I i THIS INSTRUMENT PREPARED BY AND RETURN TO: Robert E. Nelson Attorney at Law 30 South Stolp Avenue Suite 402 Aurora, Illinois 60506 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT, including all Exhibits and attachments ("Agreement"), is made and entered as of the _day of , 2006 by and between NEIL BORNEMAN, BEVERLY BORNEMAN, and CRAIG BORNEMAN, (referred to as "OWNER") and the UNITED CITY OF YORKVILLE (hereafter referred to as "CITY"), a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois by and through its Mayor and Aldermen ("Corporate Authorities"). OWNER and CITY are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties RECITALS: A. OWNER is the owner of record of the real estate legally described on Exhibit "A" attached hereto ("hereafter referred to as"Subject Property"). B. OWNER desires to annex the Subject Property to CITY. The Subject Property is contiguous with the existing corporate limits of CITY and is not within the boundary of any other municipality. C. I. The Subject Property is located within the Fox and Little Rock Township Fire Protection District and the Fox Township Road District and will remain within the jurisdiction of the Fox and Little Rock Fire Protection District and, upon annexation, will be served by CITY'S public library. The Subject Property adjoins, abuts, and is contiguous to a) a portion of a certain right-of-way known as Highpoint Road, dedicated for public purposes, b) a portion of certain right-of-way known as Budd Road, dedicated for public purposes and c) a portion of certainsright-of-way known as Illinois State Route 71, dedicated for public purposes. The contiguous portions of Highpoint Road, Budd Road and Illinois State Route 71 have not been annexed to any municipality. 2. The Subject Property constitutes territory that is contiguous to and may be annexed to the City, as provided under §7-1-1, et seq., of the Illinois Municipal Code (65 ILCS 5/7-1-1, et seq.). . D. The Owner desires to have the Subject Property annexed to the City on the terms and conditions provided herein. 1 E. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of CITY upon the matters covered by this Agreement. Pursuant to the provisions of 65 ILCS 5/11-15.1-1, et seq. a proposed annexation agreement in substance and form the same as this Agreement was submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notice, all as provided by statute and the ordinances of the City, F. CITY has have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and CITY Ordinances. The township highway commissioner, and other entities or persons entitled to notice prior to annexation of the Subject Property to the City have been given notice thereof by the City as required by law. G. The Corporate Authorities, after due and careful consideration, have concluded that the annexatioh and rezoning of the Subject Property as provided for herein will inure to the benefit and improvement of CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of CITY and will otherwise enhance and promote the general welfare of the people of CITY. H. It is the desire of CITY and OWNER that the annexation and use of the Subject Property proceed,in accordance with the terms and provisions of this Agreement, and be subject to the applicable brdinances, codes and regulations of CITY now in force and effect, except as otherwise provided in this Agreement. I. CITY's Plan Commission has considered the Petition, and the corporate authorities of CITY have heretofore approved the proposed land use and the zoning of the Subject Property as proposed by OWNER. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement upon the following terms and conditions: 1. ANNEXATION. i A. This Agreement is made pursuant to and in accordance with the provisions of Sections 5/1-11-15.1-1 et. sec., of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes, 2002); that said State of Illinois statutory provisions provide for annexation agreements to be entered into between owners of record and municipalities; that all of the requirements of the Illinois Compiled Statutes ("Statutes") and specifically Sections 5/1-11-15.1-1 et. seq., of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes, 2000), in regard to publication and notice have been met prior to the date fixed for the hearing on the proposed Agreement. B. The Owners have filed with the City Clerk a Petition for Annexation for the Subject Property to the United City of Yorkville, conditioned on the terms and provisions of this Agreement, which petition has been prepared, executed, and filed in accordance with 65 ILCS 5/7-1-8, and the fordinances and other requirements of the City. A copy of said Petition is attached hereto as Exhibit B and made a part hereof. The City has waived payment of all fees and deposits required for such annexation. i 2 The City has filed with the City Clerk a preliminary Plat of Annexation which contains an accurate map of the Subject Property, which Plat is attached hereto as Exhibit C and made a part hereof. C. Upon the execution of this Agreement by the OWNER, CITY shall execute this Agreement and enact ordinances necessary to annex the Subject Property into the corporate limits of CITY pursuant to the Petition for Annexation and subject to the terms of this Agreement. It is agreed that CITY will promptly record the enacted annexation ordinance and any required plats with the Kendall County Recorder's Office and will file same with the Kendall County Clerk's Office. D. If for any reason and at any time the annexation of the Subject Property to CITY is legally challenged by any person or entity by an action at law or in equity, CITY shall: (i) cooperate with the OWNER in the vigorous defense of such action through all proceedings, including any appeals; and (ii) take such other actions as may then or thereafter be possible pursuant to the Illinois Municipal Code to annex the Subject Property and/or other properties to CITY so that the annexation of Subject Property to CITY can be sustained and/or effected. 2. ZONING. The Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to classify the Subject Property as A-1 Agricultural District and B-3 Service Business-District. The area that shall have the B-3 Service Business District zoning classification oveiall shall not be less than 55 acres in size and shall correspond with the City's Comprehensive Plan as currently in effect. A graphic description of the zoning districts is attached hereto as Exhibit D. Once such ordinances are adopted the zoning map of CITY and the City's Comprehensive Plan shall thereupon be modified to reflect the classifications of the Subject Property As aforesaid. Since, prior to the date of this Agreement, all public hearings necessary to enable City lawfully to grant said zoning classifications as to the Subject Property were properly convened and conducted upon prior notice, no further action needs to be taken by Owner to cause Subject Property to have the zoning classifications A-1 Agricultural District and B-3 Service Business District once the Subject Property is annexed to City. All or any portion of the Subject Property may be used for farming and ancillary uses, provided, however, should construction commence on a portion of the Subject Property for which a development plan has been approved, then farming and ancillary uses shall cease on that portion where construction has commenced. For any and all portions of Subject Property which Owner devotes to farming City shall suspend enforcement of any City ordinance that forbids burning of leaves or brush within City limits. 3. FEES, DONATIONS AND CONTRIBUTIONS. Owner shall not be required to donate any land or money to City, except as expressly provided herein. Since City sought from Owner the Owne?s consent to annex to City, as part consideration for Owner's cooperation and agreement to annex the Subject Property to City, City agrees to assume the expense for or to waive the normal Yees or contributions for the following: f i 3 A. City shall assume all expense for consultants' services, preparation of survey and plats,'public notice publications, City attorneys' services, preparation of ordinances, and fees to record the annexation agreement, all exhibits and all required plats. B. City shall provide, at no expense to Owner, through its engineer or planner, an initialconcept plan, if Owner desires that a concept plan be prepared. C. City shall afford to the Subject Property and Owner police protection, 911 service and library service at no cost to Owner. D.: City shall rebate to Owner so much of each real estate tax bill that Owner receives that pertains to the general City tax levy and the City library tax levy on the Subject Property, provided that Owner shall first present a copy of the real estate tax bill for which a rebate is sought to the City Treasurer. The City shall process and pay the rebate to Owner within 30 days of presentation to the Treasurer of a tax bill copy. The privilege for rebate, as provided in this paragraph, shall cease for each portion of the Subject Property that is covered by a Final Plat of Subdivision that City is called upon to approve, upon recording of that Final Plat. The privilege for rebate, as provided in this paragraph, shall also cease for each defined portion of the Subject Property for which a building permit is drawn for construction of a commercial building (assuming no prior subdivision of the property is required under the City's subdivision ordinances). E. City hereby waives any requirements under existing City ordinances that would compel Owner to pay a filing fee for seeking annexation to City of the Subject Property. City waives all current and future annexation fees now or hereafter required under any City ordinances with respect to the Subject Property. F. City hereby waives any requirement under existing City ordinances that would compel Owner to pay any fee and/or to donate any land pursuant to the school district land cash ordinance and land cash ordinance for CITY park purposes, provided, however, that for each portion d the Subject Property that is covered by a Final Plat of Subdivision that City is called upon to approve,upon such approval City's waiver of the application of the school district land cash ordinance and the land cash ordinance for CITY park purposes shall terminate as to such platted property. G.% City hereby waives payment of any and all school district land/cash ordinance fees and contributions and any and all park land/cash ordinance fees and contributions for that portion oPthe Subject Property having a business zoning classification. H. City hereby waives any requirements under existing City ordinances that would compel Owner to pay any City development fees and any City municipal building fees, provided,however, that for each portion of the Subject Property that is covered by a Final Plat of Subdivision that City is called upon to approve, upon such approval City's waiver of the application of such ordinances shall terminate as to such platted property. 4 4. RECAPTURE. CITY represents and warrants to OWNER that OWNER shall not, upon annexation of the Subject Property, become liable to CITY or any other party for recapture of costs for the installation of any sewer or water lines or storm water lines and/or storage facilities or other public improvements that are now or later do become available to serve the Subject Property, provided that the abeyance of recapture for sewer or water lines or storm water lines and/or storage facilities or other public improvements shall cease for each portion of the Subject Property that is covered by a Final Plat of Subdivision that City is called upon to approve,upon recording of the Final Plat for such portion of the Subject Property. 5. STORM WATER FACILITIES. Until such future time when Owner shall seek to subdivide and further develop the Subject Property, Owner shall not provide for storm water drainage and the retention/detention thereof upon and from the Subject Property. However, for each portion of ttie Subject Property that is covered hereafter by a Final Plat of Subdivision the City storm water facilities ordinances shall apply. 6. AMENDMENTS TO ORDINANCES. A-1. For a perpd of seven (7) years following the date of this agreement, any ordinances, regulations or codes which are subsequently enacted by CITY shall not be applied to the development of the Subject Property except upon the written consent of OWNER. Nevertheless, in the event 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, and applicable generally within CITY and not specifically to the SUBJECT PROPERTY, such ordinance or regulation shall apply to the Subject Property, requiring owner's compliance, 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. Nothing herein shall be construed as to prevent OWNER from contesting or challenging any such mandate of any superior governmental authority at the sole cost of OWNER in any way legally possible, including, without limitation, by challenging such mandate on its face or as applied to the Subject Property in any administrative or judicial forum having jurisdiction, A-2. Notwithstanding any of the terms or provisions of this Agreement, no change, modification or enactment of any ordinance, code or regulation, so long as they do not affect CITY's ISO insufance rating, shall be applied following the execution of this Agreement so as to: (i) affect the zoning classifications of the Subject Property, (ii) affect the uses permitted under the Zoning Ordinances of CITY specified under this Agreement, or (iii) interpret any CITY ordinance i§i a way so as to prevent OWNER or OWNER'S assigns from developing the Subject Property or any portion thereof in accordance with this Agreement. Except as modified by the previous "sentence and the provisions hereof or other terms and provisions of this Agreement, OWNER shall comply in all respects with the conditions and requirements of all ordinances of CItY, applicable to the Subject Property and all property similarly situated and zoned within CITY as such ordinances may exist from time to time subsequent to annexation to CITY, provided, however, notwithstanding any other provision of this Agreement, if there are ordinances, resolutions,regulations, or codes or changes thereto which are less restrictive in their application to similarly situated and zoned lands, then OWNER, at OWNER'S election, shall be i i 5 f entitled to application of such less restrictive ordinances, regulations and/or codes to the Subject Property and any portion thereof. A-3. OWNER and all successor parties in interest to the Subject Property or any part thereof shall be entitled' to take advantage immediately of any future amendment(s) to CITY'S ordinances, regulations, resolutions and/or codes that establish provisions that are less restrictive than the provisions of CITY'S current codes in effect as of the effective date of this Agreement so long as such less restrictive provisions do not frustrate the purpose of this Agreement or the intent of the parties relative to the development of the Subject Property. In the event of any conflict between the provisions of this Agreement, and the ordinances, codes, regulations and resolutions of CITY, the provisions of this Agreement shall control over the provisions of any ordinances, codes,regulations and resolutions of CITY. 1 7. BUILDING CODE. All deletions or additions to the building codes of CITY pertaining to life/safety considerations adopted after the date of this Agreement shall be applicable to the Subject Property upon the expiration of the twelfth (12`h) month following the effective date of such deletion or addition or any time thereafter. 8. FEES AND CHARGES. During the first seven (7) years of the term of this Agreement, CITY shall impose upon and collect from OWNER and OWNER'S respective contractors and suppliers, and successors and assigns only those permit, license, tap on and connection fees and charges, in such amounts or at such rates, as are in effect on the date of this Agreement and as are generally applied throughout CITY. 9. SPECIAL ASSESSMENT OR SPECIAL USE. Any special assessment or special use district imposed by City shall not be effective against the Subject Property without OWNER'S prior written consent. z 10. 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 CITY require that any part of the Subject Property be designated for public purposes, except as otherwise expressly provided in this agreement. 1 11. RECAPTURE AGREEMENTS. There are currently no recapture agreements or recapture ordinances affecting public utilities which may be utilized to service the Subject Property of which CITY has any knowledge, or under which CITY is or will be required to collect recapture!'amounts from OWNER or OWNER'S successors, upon connection of the Subject Property to any of such public utilities. 12. YORKVILLE BRISTOL SANITARY DISTRICT. CITY shall not currently require that Owner shall annex the Subject Property or any part thereof to the Yorkville Bristol Sanitary District,provided however, that for each portion of the Subject Property that is covered by a Final Plat of Subdivision that City is called upon to approve, City may require, as a condition of approval, that the property which is the subject of the Final Plat be annexed to a sanitary district capable of serving the property. 6 13. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of CITY which may be in conflict with the provisions of this Agreement. 14. TRANSFER. It is specifically understood and agreed that OWNER and OWNER'S successors and assigns shall have the right to sell, transfer, mortgage and assign all or any part of the Subject Property or any part thereof and the improvements thereon to other persons, trusts, partnerships, firms, or corporations for ownership, operation, investment, building, financing, developing, construction and all such purposes, and that said persons, trusts, partnerships, f mis or corporations shall be entitled to the same rights and privileges and shall have the same obligations as OWNER has under this Agreement, and upon such transfer, such obligations relating to that part of the Subject Property sold, transferred, mortgaged or assigned shall be the sole obligation of the transferees, and transferor shall be relieved of all duties and obligations hereunder relating to that portion of the Subject Property, or part thereof so sold, transferred or assigned. 15. CITY ASSISTANCE. CITY agrees to cooperate and provide any reasonable assistance requested by OWNER in applying for and obtaining any and all approvals or permits necessary for the development of the Subject Property, including, but not limited to those required from the IEPA, the Army Corps of Engineers, the Federal Emergency Management Agency, IDOT, the Illinois Department of Natural Resources, and Fox Township. CITY further agrees to reasonably cooperate with OWNER in obtaining all permits and approvals required by the County of Kendall and all other governmental units in connection with the eventual development of ttte Subject Property. 16. GENERAL PROVISIONS. A. Enforcement. 1. 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 (he 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. 2. ; In the event of a material breach of this Agreement, the parties agree that the defaulting party shall have thirty (30) days after notice of said breach to correct the same prior to the nonbreaching party's seeking of any remedy provided herein; provided, however: (i) any breach by OWNER reasonably determined by CITY to involve health or safety issues may be the subject of iinmediate action by CITY without notice or thirty (30) day delay; and (ii) if the cure for any breach that does not involve health or safety issues cannot reasonably be achieved within thirty (30) days, the cure period shall be extended provided the breaching party commences the cure of such breach within the original thirty (30) day period and diligently pursues such cure to completion thereafter. 3. 1 In the event the performance of any covenant to be performed hereunder by either OWNER or CITY is delayed for causes which are beyond the reasonable control of the 7 i party responsiblesfor such performance (which causes shall include, but not limited to, acts of God; inclement :weather conditions; strikes; material shortages; lockouts; the revocation, suspension, or inability to secure any necessary governmental permit, other than a CITY license or permit; and any similar case) the time for such performance shall be extended by the amount of time of such delay. 4. The failure of the parties to insist upon the strict and prompt performance of the terms, covenants, agreements, and conditions herein contained, or any of them, upon any other party imposed, shall not constitute or be construed as a waiver or relinquishment of any party's right thereafter to enforce any such term, covenant, agreement, or condition, but the same shall continue in full force and effect. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER and OWNER'S successors in title and interest, and upon CITY, and any successor municipalities of CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees and successors in interest of the OWNER and CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER hereunder shall not be deemed transferred to or assumed by any purchaser of a lot improved with a dwelling unit who acquires the same for residential occupancy,unless otherwise expressly agreed in writing by such purchaser. C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement it amends, 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 have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that arse 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: If to Owner: Neil Borneman 12403 Budd Road Yorkville, IL 60560 with a copy to: 3 Robert E. Nelson Attorney at Law Keystone Building 30 South Stolp Avenue, Suite 402 Aurora, IL 60506 Phone: (630) 892-4344 Fax: (630) 892-4371 8 If to City: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 with a copy to: City Attorney John Justin Wyeth 800 Game Farm Road Yorkville, IL 60560 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 Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002 ed.). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect such portion or portions of this Agreement as remain. In addition, CITY, OWNER 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 CITY Code and Illinois Compiled Statutes. This Agreement may be amended by 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 affected by such Agreement. G. Conveyances and Assienments. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER to sell or convey all or any portion of the Subject Property,'whether improved or unimproved, or to assign or sell any rights hereunder to third parties. I H. N&-essary Ordinances and Resolutions. CITY shall pass all ordinances and resolutions necessary to permit the OWNER and OWNER'S 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. CITY agrees to authorize the Mayor and CITY Clerk to execute this Agreement or to correct any technical defect which may arise after the execution of this, Agreement. Within 30 days after the execution hereof, the text of this Agreement shall be recorded in the office of the Recorder of Deeds in Kendall County, Illinois at City's sole cost and expense. 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 CITY and OWNER. 7 9 r 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. 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. L. 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. M. 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. N. Exculpation. It is agreed that CITY is not liable or responsible for any restrictions on 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, CITY, or OWNER, including, but not limited to, county, state or federal regulatory bodies. O. Use of Plural. Whenever the plural form of a word is used herein, it shall be interpreted to mean the singular form of the same word if the singular form is applicable. IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNER: - / �X�C/ v�L� Dated 9 �. to(0 Neil Bompman G'�IwYt�L7iFC_ Dated Bever o eman q CGGti Dated Born- eman t CITY: United City of Yorkville Illinois Municipal Corporation By: Attest: Mayor City Clerk Dated: :i 10 LIST OF EXHIBITS EXHIBIT"A" SUBJECT PROPERTY LEGAL DESCRIPTION EXHIBIT`B" PETITION FOR ANNEXATION EXHIBIT "C" PLAT OF ANNEXATION EXHIBIT"D" GRAPHIC DESCRIPTION OF ZONING DISTRICTS I 11 Clef s. 6.41• • - • `3 • � 1 I . - . - r '7 r `• 1 1 1 x-.:1 1 �xr♦ {. - 1 I I • �.1 `3 • • F. r • 7 • • ' ♦• -. ]- • r - • { • 17 • �.• 3 • `• 13x,31 I 1 `Sr• Iw 1 • • - • • i3 • • 1 x131 1 1 `3►{ 1. 1 7 ' • I • C3 • '3 r • " Ir • r-.31 •r 1 •• 1. 1 •1 3 r �• a r-.31 1 } �•• 1� } 2x-,33. 1 � ••• •., 1 • • 1 ' r I- • � • 1 :3 •• • - • 1 1 x.31 1 •• 1� '3 r • - • 1 • x,31 1 �3H /. - 7 1 • _61 I F I 3- • I'1 `3 49i4 : 4 A 1. •,• •� 1 • '.1 1 3', '. r • I 1 ;x',31 1 '3•• a. • �• • �_ 1 '3 • • '. 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STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (Borneman Farm) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois,that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit"A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; 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 Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11-15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with; and Page 1 of 3 i WHEREAS,the property is presently contiguous to the City. 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, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation 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 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 i Page 3 of 3 Eoc # L4 b, STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS (Borneman Farm) WHEREAS, a written petition, signed by the legal owner of record of all land within the territory hereinafter described, has been filed with the City Clerk of the United City of Yorkville, Kendall County, Illinois, requesting that said territory be annexed to the United City of Yorkville; and, WHEREAS, there are no electors residing within the said territory, and, WHEREAS, the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville; and, WHEREAS, legal notices regarding the intention of the United City of Yorkville to annex said territory have been sent to all public bodies required to receive such notices by state statute; and, WHEREAS, copies of such notices required to be recorded, if any, have been recorded in the Office of the Recorder Kendall County, Illinois; and, WHEREAS,the legal owner of record of said territory and the United City of Yorkville have entered into a valid and binding annexation agreement relating to such territory; and, i WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: SECTION 1: The following described territory, That territory described in the Legal Description which is attached hereto and made apart of this Ordinance. that territory also being indicated on an accurate map of the annexed territory (which is attached hereto and made a part of this Ordinance), is hereby annexed to the United City of Yorkville, Kendall County, Illinois. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of the Ordinance, together with an accurate map of the territory annexed attached to this Ordinance. SECTION 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 I 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 Faun Road Yorkville, IL 60560 EOC # yc. STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO.2006- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (Borneman Farm) WHEREAS, Neil Borneman, Beverly Borneman and Craig Borneman, are the legal owners of record of property described on Exhibit"A" attached hereto and incorporated herein(the Property), and WHEREAS Neil Borneman,Beverly Borneman and Craig Borneman, owners/developers of the Property have made application by petition for the rezoning of the Property pursuant to an Annexation of the Property, and WHEREAS, owners/developers have previously entered into an agreement for annexation, and zoning of the property, and WHEREAS, the Yorkville Plan Commission has recommended the annexation of the property. 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 as A-1 Agricultural District and B-3 Service Business District as described in attached Exhibit`B" (Legal Description of the Property). 2. The Property shall be developed according to the terms of an Annexation Agreement previously adopted. 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 8/28/06 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT, including all Exhibits and attachments ("Agreement"), is made and entered into as of the_day of , 2006 by and between North Star Trust Company as trustee under trust agreement dated August 8, 2006 and known as trust number 06-9993, (referred to as "OWNER") and the UNITED CITY OF YORKVILLE (hereafter referred to as "CITY"), a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois by and through its Mayor and Alderman ("Corporate Authorities"). OWNER and CITY are sometimes hereinafter referred to individually as a"Party" and collectively as the"Parties". RECITALS: A. OWNER is the owner of record of the real estate legally described on Exhibit"A" attached hereto ("hereafter referred to as "Subject Property") and consists of approximately 15 acres. B. OWNER desires to annex the Subject Property to CITY. The Subject Property is contiguous with the existing corporate limits of CITY and is not within the boundary of any other municipality. C. 1. The Subject Property is located within the Bristol Kendall Fire Protection District and the Fox Township Road District and will remain within the jurisdiction of the Bristol Kendall Fire Protection District and, upon annexation,will be served by CITY'S public library. The Subject Property adjoins, abuts, and is contiguous to a portion of a certain right-of-way known as Highpoint Road and Illinois Route 71. 2. The Subject Property constitutes territory that is contiguous to and may be annexed to the City, as provided under §7-1-1, et seq., of the Illinois Municipal Code (65 ILCS 5/7-1-1, et seq.). D. The Owner desires to have the Subject Property annexed to the City on the terms 1 1244451 and conditions provided herein. E. All public hearings,required by law,have been duly held by the appropriate hearing bodies of CITY upon the matters covered by this Agreement. Pursuant to the provisions of 65 ILCS 5/11-15.1-1, and 65 ILLS 5/11-15.1-3 et seq. a proposed Annexation Agreement in substance and form the same as this Agreement was submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notice, all as provided by statute and the ordinances of the City. F. CITY and OWNER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and CITY ordinances. The township highway commissioner, fire protection district, library district, and other entities or persons entitled to notice prior to annexation of the Subject Property to the City have been given notice thereof by the City as required by law. G. The Corporate Authorities, after due and careful consideration, have concluded that the annexation and rezoning of the Subject Property as provided for herein will inure to the benefit and improvement to CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of CITY and will otherwise enhance and promote the general welfare of the people of CITY. H. It is the desire of CITY and OWNER that the annexation and use of the Subject Property proceed, in accordance with the terms and provisions of the Agreement, and be subject to the applicable ordinances, codes and regulations of CITY now in force and effect, except as otherwise provided in this Agreement. I. CITY's Plan Commission has considered the Petition, and the corporate authorities of CITY have heretofore approved the proposed land use and the zoning of the Subject Property as proposed by OWNER. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement upon the following terms and conditions: 1. ANNEXATION. A. This Agreement is made pursuant to and in accordance with the provisions of 65 ILCS 5/11-15.1-1, of the Illinois Municipal Code (Chapter 65,Illinois Compiled Statutes,); that said State of Illinois statutory provisions provide for annexation agreements to be entered into between owners of record and municipalities; that all of the requirements of the Illinois Compiled Statutes ("Statutes") and specifically Sections 65 ILCS 5/11-15.1-2 and 65 ILCS 5/11- 15.1-3 et. seq., of the Illinois Municipal Code(Chapter 65, Illinois Compiled Statutes, in regard to publication and notice have been met prior to the date fixed for the hearing on the proposed Agreement. B. The Owners have filed with the City Clerk a Petition for Annexation for the Subject Property to the United City of Yorkville, conditioned on the terms and provisions of this Agreement,which petition has been prepared, executed, and filed in accordance with 65 ILCS 5/7-1-8 and 65 ILCS 5/7-1-2, and the ordinances and other requirements of the City. 2 124445/1 C. Upon the execution of this Agreement by the OWNER, CITY shall execute this Agreement and enact ordinances necessary to annex the Subject Property into the corporate limits of CITY pursuant to the Petition for Annexation and subject to the terms of this Agreement. It is agreed that City will promptly record the enacted annexation ordinance and any required plats with the Kendall County Recorder's Office and will file same with the Kendall County Clerk's Office. D. If for any reason and at any time the annexation of the Subject Property to CITY is legally challenged by any person or entity by an action at law or in equity, CITY shall: (i) cooperate with the OWNER in the vigorous defense of such action through all proceedings, including any appeals; and (ii) take such other actions as may then or thereafter be possible pursuant to the Illinois Municipal Code to annex the Subject Property and/or other properties to CITY so that the annexation of Subject Property to CITY can be sustained and/or effected. 2. ZONING. Contemporaneously with the annexation of the Subject Property and the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to classify the Subject Property as B-3 Service Business District. The zoning map of CITY shall thereupon be modified to reflect the classification of the Subject Property as aforesaid. Since,prior to the date of this Agreement, all public hearings necessary to enable the City to lawfully grant said zoning classification as to the Subject Property were properly convened and conducted upon prior notice,no further action needs to be taken by Owner to cause Subject Property to have the zoning classification B-3 Service Business once the Subject Property is annexed to City. All or any portion of the Subject Property may be used for farming and ancillary uses,provided,however, should construction commence on a portion of the Subject Property for which a development plan has been approved, then farming and ancillary uses shall cease on that portion where construction has commenced. City agrees,upon request of the Owner to conduct any and all necessary hearings to rezone and or reclassify the zoning of the Subject Property. Said rezoning shall not require an amendment to this Agreement. 3. FEES, DONATIONS AND CONTRIBUTIONS. Owner shall not be required to donate any land or money to City, except as expressly provided herein. City agrees to the following: A. City hereby waives any requirements under existing City ordinances that would compel Owner to pay any fee and/or to donate any land pursuant to the school district land cash ordinance and the park district land cash ordinance,provided,however,that for each portion of the Subject Property that is covered by a residential Final Plat of Subdivision that City is called upon to approve,upon such approval City's waiver of the application of the school district land cash ordinance and the park district land cash ordinance shall terminate as to such platted property. B. City hereby waives any requirements under existing City ordinances that would compel Owner to pay any City development fees and any City municipal building fees,provided, however, that for each portion of the Subject Property that is covered by a Final Plat of 3 124445/1 Subdivision that City is called upon to approve, upon such approval, City's waiver of the application of such ordinances shall terminate as to such platted property. 4. RECAPTURE. CITY represents and warrants to OWNER that OWNER shall not become liable to CITY or any other party for recapture upon the annexation and/or fixture development of the SUBJECT PROPERTY for any existing sewer or water lines or storm water lines and/or storage facilities that may serve the SUBJECT PROPERTY;provided, however, subject to the terms of this Agreement, OWNER shall be responsible to pay applicable sewer and water connection fees. 5. STORM WATER FACILITIES. Until such future time when Owner shall seek to subdivide and further develop the Subject Property, Owner shall not provide for storm water drainage and the retention/detention thereof upon and from the Subject Property. However, for each portion of the Subject Property that is covered hereafter by a Final Plat of Subdivision the City storm water facilities ordinances shall apply. 6. AMENDMENTS TO ORDINANCES. A. For a period of seven('n years following the date of this agreement, any ordinances, regulations or codes which are subsequently enacted by CITY shall not be applied to the development of the Subject Property except upon the written consent of OWNER. Nevertheless, in the event 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, and applicable generally within CITY and not specifically to the SUBJECT PROPERTY, such ordinance or regulation shall apply to the Subject Property,requiring owner's compliance,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. Nothing herein shall be construed as to prevent OWNER from contesting or challenging any such mandate of any superior governmental authority at the sole cost of OWNER in any way legally possible, including,without limitation, by challenging such mandate on its face or as applied to the Subject Property in any administrative or judicial forum having jurisdiction, B. Notwithstanding any of the terms of provisions of this Agreement,no change, modification or enactment of any ordinance, code or regulation, so long as they do not affect CITY's ISO insurance rating, shall be applied following the execution of this Agreement so as to: (i) affect the zoning classifications of the Subject Property, (ii) affect the uses permitted under the Zoning Ordinances of CITY specified under this Agreement, or(iii)interpret any CITY ordinance in a way so as to prevent OWNER or OWNER'S assigns from developing the Subject Property or any portion thereof in accordance with this Agreement. Except as modified by the previous sentence and the provisions hereof or other terms and provisions of this Agreement, OWNER shall comply in all respects with the conditions and requirements of all ordinances of CITY, applicable to the Subject Property and all property similarly situated and zoned within CITY as such ordinances may exist from time to time subsequent to annexation to CITY, provided,however,notwithstanding any other provision of this Agreement, if there are ordinances, resolutions, regulations, or codes or changes thereto which are less restrictive in their application to similarly situated and zoned lands, then OWNER, at OWNER'S election, shall be entitled to application of such less restrictive ordinances, regulations and/or codes to the Subject Property or any portion thereof. 4 124445/1 C. OWNER and all successor parties in interest to the Subject Property or any part thereof shall be entitled to take advantage immediately of any future amendment(s) to CITY'S ordinances,regulations, resolutions and/or codes that establish provisions that are less restrictive than the provisions of CITY'S current codes in effect as of the effective date of this Agreement so long as such less restrictive provisions do not frustrate the purpose of this Agreement or the intent of the parties relative to the development of the Subject Property. In the event of any conflict between the provisions of this Agreement, and the ordinances, codes, regulations and resolutions of CITY, the provisions of this Agreement shall control over the provisions of any ordinances, codes,regulations and resolutions of CITY. 7. BUILDING CODE. All deletions or additions to the building codes of CITY pertaining to life/safety considerations adopted after the date of this Agreement shall be applicable to the Subject Property upon the expiration of the twelfth (12t)month following the effective date of such deletion or addition or any time thereafter. 8. FEES AND CHARGES. During the first seven (7) years of the term of this Agreement, CITY shall impose upon and collect from OWNER and OWNER'S respective contractors and suppliers, and successors and assigns only those permit, license, tap on and connection fees and charges, in such amounts or at such rates, as are in effect on the date of this Agreement and as are generally applied throughout CITY. 9. SPECIAL ASSESSMENT OR SPECIAL USE Any special assessment or special use district imposed by CITY shall not be effective against the Subject Property without OWNER'S prior written consent. 10. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5111-12-8 of the Illinois Compiled Statutes (2002 ed.), shall CITY require that any part of the Subject Property be designated for Public purposes, except as otherwise expressly provided in this agreement. 11. RECAPTURE AGREEMENTS. There are currently no recapture agreements or recapture ordinances affecting public utilities which maybe utilized to service the Subject Property of which CITY has any knowledge, or under which CITY is or will be required to collect recapture amounts from OWNER or OWNER'S successors, upon connection of the Subject Property to any of such public utilities,nor does CITY have any knowledge of any pending or contemplated request for approval of any such recapture agreement or ordinance which will affect the Subject Property. 12. YORKVILLE BRISTOL SANITARY DISTRICT. Owner shall have no obligation to annex the Subject Property or any part thereof to the Yorkville Bristol Sanitary District,provided however,that for each portion of the Subject Property that is covered by a Final Plat of Subdivision that City is called upon to approve, City may require,as a condition of approval, that the property which is the subject of the Final Plat be annexed to a sanitary district capable of serving the property. 13. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of CITY which may be in conflict with the provisions of the Agreement. 5 124445/1 14. TRANSFER. It is specifically understood and agreed that OWNER and OWNER'S successors and assigns shall have the right to sell,transfer,mortgage and assign all or any part of the Subject Property or any part thereof and the improvements thereon to other persons, trusts,partnerships, firms, or corporations for ownership, operation, investment, building, financing, developing, construction and all such purposes, and that said persons, trusts, partnerships, firms or corporations shall be entitled to the same rights and privileges and shall have the same obligations as OWNER has under this Agreement, and upon such transfer, such obligations relating to that part of the Subject Property sold, transferred, mortgaged or assigned shall be the sole obligation of the transferees, and transferor shall be relieved of all duties and obligations hereunder relating to that portion of the Subject Property, or part thereof so sold, transferred or assigned. 15. CITY ASSISTANCE. CITY agrees to cooperate and provide any reasonable assistance requested by OWNER in applying for and obtaining any and all approvals or permits necessary for the development of the Subject Property, including,but not limited to those required from the IEPA, the Army Corps of Engineers,the Federal Emergency Management Agency, IDOT,the Illinois Department of Natural Resources, and Fox Township. CITY further agrees to reasonably cooperate with OWNER in obtaining all permits and approvals required by the County of Kendall and all other governmental units in connection with the eventual development of the Subject Property. 16. GENERAL PROVISIONS. A. Enforcement. 1. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties of 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. 2. In the event of a material breach of this Agreement, the parties agree that the defaulting party shall have thirty(30) days after notice of said breach to correct the same prior to the nonbreaching party's seeking of any remedy provided herein;provided,however: (i) any breach by OWNER reasonably determined by CITY to involve health or safety issues may be the subject of immediate action by CITY without notice or thirty(30) day delay; and(ii)if the cure for any breach that does not involve health or safety issues cannot reasonably be achieved within thirty(30)days, the cure period shall be extended provided the breaching party commences the cure of such breach within the original thirty(30) day period and diligently pursues such cure to completion thereafter. 3. In the event the performance of any covenant to be performed hereunder by either OWNER or CITY is delayed for causes which are beyond the reasonable control of the party responsible for such performance (which causes shall include, but not limited to, acts of God; inclement weather conditions; strikes; material shortages; lockouts; the revocation, suspension, or inability to secure any necessary governmental permit, other than a CITY license or permit; and any similar case)the time for such performance shall be extended by the amount of time of such delay. 6 124445/1 4. The failure of the parties to insist upon the strict and prompt performance of the terms, covenants, agreements, and conditions herein contained, or any of them, upon any other party imposed, shall not constitute or be construed as a waiver or relinquishment of any party's right thereafter to enforce any such term, covenant, agreement, or condition,but the same shall continue in full force and effect. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER and its successors in title and interest, and upon CITY, and any successor municipalities of CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees and successors in interest of the OWNER and CITY. The foregoing to the contrary notwithstanding,the obligations and duties of OWNER hereunder shall not be deemed transferred to or assumed by any purchaser of a lot improved with a dwelling unit who acquires the same for residential occupancy,unless otherwise expressly agreed in writing by such purchaser. C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement it amends, 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 the 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: If to Owner: North Star Trust Company 500 W. Madison Street, Suite 3150 Chicago, IL 60661 with a copy to: John F. Philipchuck DOMMERMUTH,BRESTAL, COBINE AND WEST, LTD. 123 Water Street P.O. Box 565 Naperville, IL 60566-0565 If to City: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 with a copy to: City Attorney John Justin Wyeth 800 Game Farm Road Yorkville, IL 60560 7 124445/1 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 Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002 ed.). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect such portion or portions of this Agreement as remain. In addition, CITY, OWNER 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 CITY Code and Illinois Compiled Statutes. This Agreement may be amended by 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 affected by such Agreement. G. Conveyances and Assignments. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER to sell or convey all or any portion of the Subject Property, whether improved or unimproved, or to assign or sell any rights hereunder to third parties. H. Necessary Ordinances and Resolutions. CITY shall pass all ordinances and resolutions necessary to permit the OWNER and his 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. CITY agrees to authorize the Mayor and CITY Clerk to execute this Agreement or to correct any technical defect which may arise after the execution of this Agreement. Within 30 days after the execution hereof, the text of this Agreement shall be recorded in the office of the Recorder of Deeds in Kendall County, Illinois at City's sole cost and expense. I. Term of Agreement. The term of this Agreement shall be twenty(20) years. 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. 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. L. 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. M. Time Is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as covenants contained in this 8 124445/1 Agreement shall be performed in a timely manner by all parties hereto. N. Exculpation. It is agreed that CITY is not liable or responsible for any restrictions on 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, CITY, or OWNER,including,but not limited to, county, state or federal regulatory bodies. O. Use of Plural. Whenever the plural form of a word is used herein, it shall be interpreted to mean the singular form of the same word if the singular form is applicable. IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. 9 124445/1 OWNER: No th Star Trust Company as trustee under trust agreement dated August 8, 2006 and kno n as trust no. 06-9993. / Dated Ic Dated ", : t �ftUSi 6fF.lt ktc TP.£s Dacoment is signed by NORTHSTAR TRUST COVIP NY Tru;.iee un er r Trust a5 _si'tin. tJ aas7 Trutt A1-••c-;.m—.t:3 rarA,y made a pact hereof and any c;;p.?1s ;_.,:,...�: ,:A,,hn�.yru„it from the signing of this D::cr-;;.�-r,t 's n pa aoie on!y out of any trust pr„pyCy r_.i r itn 5 , :c::e e:,and said trustee shall not be peraoally,fable iar-iha pot iormance of Iny of thgeo terms and conditions of this Document ar for the vaiidaY or condition of the title of said property or for any Document wish AP rospert thereto,Any and all personal liability of NORTH S1 TRUST COMPANY is hereby expressly waivod by the partise: hNM and their respectiae successors and assigns. 10 124445/1 CITY: United City of Yorkville Illinois Municipal Corporation By: Mayor Attest: City Clerk Dated: 11 12444511 I LIST OF EXHIBITS EXHIBIT"A" SUBJECT PROPERTY LEGAL DESCRIPTION II I 12 124445/1 EXHIBIT I'A" THAT PART OF THE MORTH_WEST QUARTER OF SECTION 13, TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PR:GNCTPAL MERIDIAN BEING DESCRIBED BY COMMENCING AT A POINT ON THE NORTH LINE OF SAID QUARTER SECTION 20 CHAINS WEST OF THE NORTAST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH ALONG THE WEST LINE OF THE EAST HALF OF SAID QUARTER SECTION 19.35 CHAINS; THENCE SOUTH 64 DEGREES 15 MINUTES EAST 2.92 CHAINS TO THE CENTER OF THE ORIGINAL OTTAWA AND OSWEGO ROAD FOR THE POINT OF BEGINNING; THENCE SOUTH 64 DEGREES 15 MINUTES EAST 1091.9:9 FEET TO THE SOUTHERLY EXTENSION OF THE EAST RIGHT OF WAY LINE OF HIGHPOINT ROAD AS SH:O,WN ON THE PLAT OF SUBDIVISION FOR'H4GHPO4NT VIEW; THENCE NORTH 07 DEGREES 48 M1NUTES 49 SECONDS EAST ALONG SAID EASTERLY RIGHT OF WAY LINE AND THE SOUTHERLY EXTI_`NStON, 558.68 FEET TO T14E NORTHWEST CORNER OF LOT 2 OF SAID HIGHPOINT VIEW SUBDIVISION; THENCE NORTH 11 DEGREES 02 MINUTES 20 SECONDS EAST ALONG SAID RIGHT OF WAY, 18.1.34 FEET TO THE NORTHWEST CORNER OF LOT 1 OF SAID HIGHPOINT VIEW SUBDIV4S40N; TH:EN•CE SOUTH 87 DEGREES 59 MINUTES 44 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 1, 35.5.9 FEET; THENCE NORTH 78 DEGREES 05 MINUTES 41 SECONDS EAST ALONG SAID NORTH LINE, 11.08 FEET TO A POINT ON THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 00 DEGREES 19 MINUTES 45 SECONDS EAST ALONG SAID EAST LINE, 537.33 FEET TO SAID CENTER OF ORIGINAL OTTAWA AND OSWEGO ROAD; TH£N.CE SOUTH 54 DEGREES 30 MINUTES WEST ALONG SAID CENTER LINE 22.42 CHAINS TO THE POINT OF BEGINNING, IN FOX TOWNSHIP, KENDALL COUNTY, ILLINOIS. PLAT OF ANNEXATION OF -J�- THAT PART OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 36 NORTH. RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING'DESCRIBED BY COMMENCING AT A POINT ON THE NORTH LINE CF SAN QUARTER SECTION 20 CHAINS WEST OF THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH ALONG THE WEST LINE OF THE EAST HALF OF I SAID QUARTER SECTION 19.35 CHAINS; THENCE SOUTH 64 DEGREES 15 MINUTES EAST 2.92 CHAINS TO THE CENTER OF THE ORIGINAL OTTAWA AND OSWEGO ROAD FOR THE POINT OF $C2IE.'1"-2001 - BEGINNING; THENCE SOUTH 54 DEGREES 15 MINUTES EAST ID91.99 FEET TO THE SOUTHERLY - EXTENSION OF THE EAST RIGHT OFF WAY LINE OF HIGHPOINT ROAD AS SHOWN ON THE PLAT OF'SUBOIMSION FOR HIGHPOINT MEW: THENCE NORTH 07 DEGREES 48 MINUTES 49 SECONDS EAST ALONG SAID EASTERLY RIGHT OF WAY LINE AND THE SOUTHERLY EXTENSION. 558.68 FEET TO THE NORTHWEST CORNER OF LOT 2 OF SAID HIGHPOINT MEW SUBDIMSION; THENCE NORTH 11 DEGREES 02 MINUTES 20 SECONDS EAST ALONG SAID RIGHT OF WAY, 181.34 FEET TO THE NCRTHWEST CORNER OF LOT 1 OF SAID HIGHPOINT MEW SUBDIMSION;- THENCE_SOUTH 87 DEGREES 59 MINUTES 44 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 1, 35.59 - FEET' THENCE NORTH 76 DEGREES 05 MINUTES 41 SECONDS EAST ALONG SAID NORTH LINE, 11.D8 FEET TO A POINT ON THE EAST UNE.OF SAID NORTHWEST QUARTER; THENCE NORT14 00 DEGREES 19 MINUTES 45 SECONDS EAST AL-0NG SAID EAST l9NE,537.33 FEET TO SAID �• CENTER OF ORIGINAL OTTAWA AND OSWEGO ROAD, THENCE SOUTH 54:DEGREES 30 MINUTES-- - WEST ALONG SAID CENTER LINE 2242 CHAINS TO THE POINT OF BEGINNING. 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STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (North Star Parcel B) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit"A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; 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 Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11-15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with; and Page 1 of 3 WHEREAS,the property is presently contiguous to the City. 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, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation 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 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 5b. STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS (North Star Parcel B) WHEREAS, a written petition, signed by the legal owner of record of all land within the territory hereinafter described,has been filed with the City Clerk of the United City of Yorkville, Kendall County, Illinois, requesting that said territory be annexed to the United City of Yorkville; and, WHEREAS,there are no electors residing within the said territory, and, WHEREAS,the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville; and, WHEREAS, legal notices regarding the intention of the United City of Yorkville to annex said territory have been sent to all public bodies required to receive such notices by state statute; and, WHEREAS, copies of such notices required to be recorded, if any, have been recorded in the Office of the Recorder Kendall County, Illinois; and, WHEREAS, the legal owner of record of said territory and the United City of Yorkville have entered into a valid and binding annexation agreement relating to such territory; and, I WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville,Kendall County, Illinois, as follows: SECTION 1: The following described territory, That territory described in the Legal Description which is attached hereto and made a part of this Ordinance. that territory also being indicated on an accurate map of the annexed territory (which is attached hereto and made a part of this Ordinance), is hereby annexed to the United City of Yorkville,Kendall County, Illinois. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of the Ordinance, together with an accurate map of the territory annexed attached to this Ordinance. SECTION 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 EDC � 5C. STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (North Star Parcel B) WHEREAS, North Star Trust Company u/t dated August 8, 2006,No. 06-9993 is the legal owner of record of property described on Exhibit"A"attached hereto and incorporated herein(the Property), and WHEREAS North Star Trust Company u/t dated August 8, 2006,No. 06-9993, owner/developer of the Property have made application by petition for the rezoning of the Property pursuant to an Annexation of the Property, and WHEREAS, owner/developer have previously entered into an agreement for annexation, and zoning of the property, and WHEREAS,the Yorkville Plan Commission has recommended the annexation of the property. 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 as B-3 Business Service District as described in attached Exhibit "B" (Legal Description of the Property). 2. The Property shall be developed according to the terms of an Annexation Agreement previously adopted. 3: This Ordinance shall be in fill 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 E-bc- STATE OF ILLINOIS ) COUNTY OF KENDALL ) ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE SCHANZE PROPERTY THIS AGREEMENT is made and entered into this day of 2006_ by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal corporation, located in Kendall County,Illinois (hereinafter referred to as"City"), and Eric and Diane Schanze of the Yorkville, County of Kendall, State of Illinois (hereinafter referred to as "Owner/Developer"). WITNESSETH WHEREAS, Owner/Developer is the owner of real property which is the subject matter of said Agreement comprising approximately 80 acres,more or less, and is more particularly described in the attached Exhibit"A",which is incorporated herein by reference; and WHEREAS,the subject real property is located contiguous to the corporate boundaries of the CITY; and is not located within the corporate boundaries of any other municipality; nor is any portion thereof classified as flood plain; and WHEREAS, Owner/Developer desires to annex the said real property described into the City, its Plan commission has considered the Petition to Annex, and the City Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of Owner/Developer and the City; and 1 WHEREAS, Owner/Developer has presented, and the City has considered,the tract, of real property herein described in the attached Exhibit"A" as R-2 One-Family Residence District, M-1 General Manufacturing District with underlying B-3 Service Business District in order to make said real property a desirable addition to the City; and WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be annexed to the City in an orderly manner, and WHEREAS, Owner/Developer and its representatives have discussed the proposed annexation and have had public meetings 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. WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 51.1-5, inclusive, relating to Annexation Agreements, the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the subject Property and to provide for various other matters related directly or indirectly to the annexation of the Property in the future, as authorized by,the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have held the public hearing and have taken all further action required by the provisions of 65 ILCS 5/11-15.1.3 and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation agreement by the CITY. 2 NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5/11- 15.1-1 through 65 ILCS 5/11-15.1-5, as amended, as follows: 1. A. ANNEXATION AND ZONING. Once the property is contiguous to the City,the City shall enact an ordinance annexing to the City all of the real property described herein in the attached Exhibit "A"; and the City shall furthermore enact another ordinance which shall zone the real property designated in the attached Exhibit"A" subject to the further terms of this Agreement as R-2 One-Family Residence District, M-1 Limited Manufacturing District with Underlying Zoning as B-3 Service Business District. Said zoning shall allow the uses, size, density, area, coverage, and maximum building heights as set forth on Exhibit"B"for the R-2 One-Family Residence District, M-1 Limited Manufacturing District and B-3 Service Business District. Said real property shall be used and developed in accordance with 65 ILCS 5/11-15.1-1 through 65 ILCS 5/11-15.1-5, and in accordance with the City Subdivision Control and Zoning Ordinances. B. The Owner/Developer, and successors,heirs, and assigns hereby agree that prior to issuance of a building permit on the subject parcel, a site development plan shall be submitted and approved by the City Council of the United City of Yorkville. 2. CITY'S AGREEMENTS. A. The City agrees that as to the non-residential use and zoning classification of the majority of the property, as well as the geographical location of the property, Owner and or Developer has no obligation to pay certain customary fees to the City which are listed on the attached Exhibit"C" for that portion of the property that is zoned M-1 or B-3. 3 -4- (i) In the event, at a later date Owner/Developer seeks to modify the existing zoning from M-1 or B-3 to a Residential Class Zoning, Owner/Developer agrees to pay School Transition fees to the Yorkville School District which shall be paid per residential dwelling unit in said subdivision as required by City Ordinance at the time of a residential zoning class being granted, and to pay Development fees per residential dwelling unit to the United City of Yorkville, and any other fees to the United City of Yorkville in conformance with City Ordinance or policy as uniformly charged to other developments in the City at the time of the change to residential zoning except as otherwise modified or agreed herein. Said Transition, development, and other fees shall be paid on a per dwelling unit basis concurrent with and prior to the issuance of each respective subject residential building permit. Said fees are being paid voluntarily and with the consent of Owner/Developer based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. Owner/Developer knowingly waives any claim or objection as to amount of the specific fees negotiated herein voluntarily. No School Transition fees, or School-Park Land Cash Fees shall be charged on any real property zoned for business, office, or manufacturing purposes under the terms of this Agreement. 4 -5- B. Owner/Developer shall be required by THE UNITED CITY OF YORKVILLE to hook-on to the city water or Sanitary Sewer System upon annexation and when the water system is available and development occurs. C. Upon annexation, the Owner will receive police protection, 911 service and library service as provided by City. D. The City will not require the Owner to annex to Yorkville Bristol Sanitary District or other applicable sanitary district,until platting or application for a building permit seeking to hook up to the City sewer system is sought by Owner. Property owner agrees to cooperate with other entities to formulate a separate agreement to allow for contiguity of other properties to the Sanitary District if requested. E. City shall reimburse Owner/Developer in an amount not to exceed $25,000 for reasonable costs incurred in the process of annexation to date including by not necessarily limited to legal fees, survey fees, land development consultant fees, engineering fees.. Said reimbursement is authorized by this agreement and shall be paid upon presentation of proof of payment to the City, or in the alternative, invoicing may be presented to the City and the City shall make payment directly to service provider. City may, at its sole discretion, seek information about the requested reimbursement in order to confirm its authenticity, and to confirm that it is an amount that should be paid under the terms of this agreement. F. THE UNITED CITY OF YORKVILLE agrees to rebate to the Owner within 30 days of the presentation of the paid Real Estate Tax Bill to the City Treasurer, the City's 5 -6— Real Estate Taxes as to the subject parcel. This will take lace portion for the City and Library � p p and be paid by the City until the property is developed, by reason of a building permit being issued; or upon a Final Plat of Subdivision being recorded for any portion of the subject real property. 3. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is specifically understood and agreed that Owner and its successors and assigns shall have the right to sell transfer, mortgage and assign all or any part of the subject property and the improvements thereon to other persons,trusts,partnerships, firms, or corporations, for investment,building, financing,developing and all such purposes, and that said persons,trusts,partnerships, firms, or corporations shall be entitled to the same rights and privileges and shall have the same obligations as Owner under this Agreement and upon such transfer,the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by Owner on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the City. 4. TIME OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence of this Agreement and that all of the parties will make every reasonable effort, including the calling of special meetings,to expedite the subject matter hereof It is further 6 -7— understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 5. COVENANTS AND AGREEMENTS. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the city, its corporate authorities and their successors in office, and is enforceable by order of the court pursuant to its provisions and the applicable statutes of the State of Illinois. 6. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and owners of record of land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal authorities of said city, so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the City. 7. NOTICE. Any notices required hereunder shall be in writing and shall be served upon any other parry in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested,postage prepaid, addressed as follows: If to the City: City Clerk 800 Game Farm Road Yorkville, IL 60560 To Owner/Developer: Eric and Diane Schanze c/o Gary G. Piccony 7 -8- 1700 Farnsworth Ave Ste 25 Aurora, IL 60505 or to such other addresses as any party way from time to time designate in a written notice to the other parties. 8. ENFORCEABILITY. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. In the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. 9. ENACTMENT OF ORDINANCES. The City agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. IN WITNESS WHEREOF,the undersigned have hereunto set their hands and seals this_ day of , 2005. UNITED CITY OF YORKVILLE By: Arthur F. 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STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO.2006- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (The Schanze Property) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit"A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; 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 Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11-15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with; and Page 1 of 3 i WHEREAS, the property is presently contiguous to the City. 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, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation 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 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 Eo)a STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS (Schanze Property) WHEREAS, a written petition, signed by the legal owner of record of all land within the territory hereinafter described, has been filed with the City Clerk of the United City of Yorkville,Kendall County, Illinois,requesting that said territory be annexed to the United City of Yorkville; and, WHEREAS,there are no electors residing within the said territory, and, WHEREAS,the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville; and, WHEREAS, legal notices regarding the intention of the United City of Yorkville to annex said territory have been sent to all public bodies required to receive such notices by state statute; and, WHEREAS, copies of such notices required to be recorded, if any,have been recorded in the Office of the Recorder Kendall County, Illinois; and, WHEREAS,the legal owner of record of said territory and the United City of Yorkville have entered into a valid and binding annexation agreement relating to such territory; and, WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE,BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville,Kendall County, Illinois, as follows: SECTION 1: The following described territory, That territory described in the Legal Description which is attached hereto and made apart of this Ordinance. that territory also being indicated on an accurate map of the annexed territory (which is attached hereto and made a part of this Ordinance), is hereby annexed to the United City of Yorkville,Kendall County, Illinois. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of the Ordinance, together with an accurate map of the territory annexed attached to this Ordinance. SECTION 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 Epc lac . STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO.2006- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (Schanze Property) WHEREAS, Eric and Diane Schanze are the legal owners of record of property described on Exhibit"A"attached hereto and incorporated herein(the Property), and WHEREAS Eric and Diane Schanze, owners/developers of the Property have made application by petition for the rezoning of the Property pursuant to an Annexation of the Property, and WHEREAS, owners/developers have previously entered into an agreement for annexation, and zoning of the property, and WHEREAS,the Yorkville Plan Commission has recommended the annexation of the property. 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 as M-I Limited Manufacturing District,B-3 Business Service District and R-2 One-Family Residence District as described in attached Exhibit`B" (Legal Description of the Property). 2. The Property shall be developed according to the terms of an Annexation Agreement previously adopted. 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 8/31/06 EW. 4- f 7 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT, including all exhibits and attachments ("Agreement"), is made and entered into as of the_day of , 2006 by and between North Star Trust Company as trustee under trust agreement dated August 8,2006 and known as trust number 06-9993, (referred to as "OWNER") and the UNITED CITY OF YORKVILLE(hereafter referred to as"CITY"), a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois by and through its Mayor and Alderman ("Corporate Authorities"). OWNER and CITY are sometimes hereinafter referred to individually as a"Party" and collectively as the "Parties". RECITALS: A. OWNER is the owner of record of the real estate legally described on Exhibit"A" attached hereto ("hereafter referred to as "Subject Property's and consists of approximately 760 acres. B. OWNER desires to annex the Subject Property to CITY. The Subject Property is contiguous with the existing corporate limits of CITY and is not within the boundary of any other municipality. C. 1. The Subject Property is located within the Newark Fire Protection District and the Fox Township Road District and will remain within the jurisdiction of the Newark Fire Protection District and,upon annexation, will be served by CITY'S public library. The Subject Property adjoins, abuts, and is contiguous to a portion of a certain right-of-way known as Sleepy Hollow Road and Illinois Route 71. 2. The Subject Property constitutes territory that is contiguous to and may be annexed to the City, as provided under §7-1-1, et seq., of the Illinois Municipal Code (65 ILCS 5/7-1-1, et seq.). D. The Owner desires to have the Subject Property annexed to the City on the terms and conditions provided herein. 1 124563/1 E. All public hearings,required by law,have been duly held by the appropriate hearing bodies of CITY upon the matters covered by this Agreement. Pursuant to the provisions of 65 ILCS 5/11-15.1-1, and 65 ILCS 5/11-15.1-3 et seq. a proposed Annexation Agreement in substance and form the same as this Agreement was submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notice, all as provided by statute and the ordinances of the City. F. CITY and OWNER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and CITY ordinances. The township highway commissioner, fire protection district, library district, and other entities or persons entitled to notice prior to annexation of the Subject Property to the City have been given notice thereof by the City as required by law. G. The Corporate Authorities, after due and careful consideration, have concluded that the annexation and rezoning of the Subject Property as provided for herein will inure to the benefit and improvement to CITY in that it will increase the taxable value of the real property within its corporate limits,promote the sound planning and development of CITY and will otherwise enhance and promote the general welfare of the people of CITY. H. It is the desire of CITY and OWNER that the annexation and use of the Subject Property proceed, in accordance with the terms and provisions of the Agreement, and be subject to the applicable ordinances, codes and regulations of CITY now in force and effect, except as otherwise provided in this Agreement. L CITY's Plan Commission has considered the Petition, and the corporate authorities of CITY have heretofore approved the proposed land use and the zoning of the Subject Property as proposed by OWNER. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein,the Parties hereto agree to enter into this Agreement upon the following terms and conditions: 1. ANNEXATION. A. This Agreement is made pursuant to and in accordance with the provisions of 65 ILCS 5111-15.1-1, of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes,);that said State of Illinois statutory provisions provide for annexation agreements to be entered into between owners of record and municipalities; that all of the requirements of the Illinois Compiled Statutes ("Statutes") and specifically Sections 65 ILCS 5/11-15.1-2 and 65 ILCS 5/11- 15.1-3 et. seq., of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes, in regard to publication and notice have been met prior to the date fixed for the hearing on the proposed Agreement. B. The Owners have filed with the City Clerk a Petition for Annexation for the Subject Property to the United City of Yorkville, conditioned on the terms and provisions of this Agreement, which petition has been prepared, executed, and filed in accordance with 65 ILCS 5/7-1-8 and 65 ILCS 5/7-1-2, and the ordinances and other requirements of the City. C. Upon the execution of this Agreement by the OWNER, CITY shall execute this 2 124563/1 Agreement and enact ordinances necessary to annex the Subject Property into the corporate limits of CITY pursuant to the Petition for Annexation and subject to the terms of this Agreement. It is agreed that City will promptly record the enacted annexation ordinance and any required plats with the Kendall County Recorder's Office and will file same with the Kendall County Clerk's Office. D. If for any reason and at any time the annexation of the Subject Property to CITY is legally challenged by any person or entity by an action at law or in equity, CITY shall: (i) cooperate with the OWNER in the vigorous defense of such action through all proceedings, including any appeals; and(ii)take such other actions as may then or thereafter be possible pursuant to the Illinois Municipal Code to annex the Subject Property and/or other properties to CITY so that the annexation of Subject Property to CITY can be sustained and/or effected. 2. ZONING. Contemporaneously with the annexation of the Subject Property and the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to classify the Subject Property as A-1 Agricultural District. The zoning map of CITY shall thereupon be modified to reflect the classification of the Subject Property as aforesaid. Since,prior to the date of this Agreement, all public hearings necessary to enable the City to lawfully grant said zoning classification as to the Subject Property were properly convened and conducted upon prior notice, no further action needs to be taken by Owner to cause Subject Property to have the zoning classification A-1 Agricultural District once the Subject Property is annexed to City. All or any portion of the Subject Property may be used for farming and ancillary uses,provided,however,should a rezoning be granted for portions of the Subject Property for other uses,then farming and ancillary uses shall cease on that portion when construction has commenced. City agrees, upon request of the Owner to conduct any and all necessary hearings to rezone and or reclassify the zoning of the Subject Property, or any portions thereof, it being the understanding and agreement of the parties that other land uses and zoning other than A-1 may become appropriate for portions of the Subject Property during the term of this Agreement. Rezonings shall not require an amendment to this Agreement. 3. FEES,DONATIONS AND CONTRIBUTIONS. Owner shall not be required to donate any land or money to City, except as expressly provided herein. City agrees to the following: A. City hereby waives any requirements under existing City ordinances that would compel Owner to pay any fee and/or to donate any land pursuant to the school district land cash ordinance and the park district land cash ordinance,provided,however,that for each portion of the Subject Property that is covered by a residential Final Plat of Subdivision that City is called upon to approve,upon such approval City's waiver of the application of the school district land cash ordinance and the park district land cash ordinance shall terminate as to such platted property. B. City hereby waives any requirements under existing City ordinances that would compel Owner to pay any City development fees and any City municipal building fees, provided, however,that for each portion of the Subject Property that is covered by a Final Plat of Subdivision that City is called upon to approve, upon such approval, City's waiver of the 3 124563/1 application of such ordinances shall terminate as to such platted property. 4. RECAPTURE. CITY represents and warrants to OWNER that OWNER shall not become liable to CITY or any other parry for recapture upon the annexation and/or future development of the SUBJECT PROPERTY for any existing sewer or water lines or storm water lines and/or storage facilities that may serve the SUBJECT PROPERTY;provided,however, subject to the terms of this Agreement, OWNER shall be responsible to pay applicable sewer and water connection fees. 5. STORM WATER FACILITIES. Until such future time when Owner shall seek to subdivide and further develop the Subject Property, Owner shall not provide for storm water drainage and the retention/detention thereof upon and from the Subject Property. However, for each portion of the Subject Property that is covered hereafter by a Final Plat of Subdivision the City storm water facilities ordinances shall apply. 6. AMENDMENTS TO ORDINANCES. A. For a period of seven(7)years following the date of this agreement, any ordinances, regulations or codes which are subsequently enacted by CITY shall not be applied to the development of the Subject Property except upon the written consent of OWNER. Nevertheless, in the event 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, and applicable generally within CITY and not specifically to the SUBJECT PROPERTY, such ordinance or regulation shall apply to the Subject Property, requiring owner's compliance, 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. Nothing herein shall be construed as to prevent OWNER from contesting or challenging any such mandate of any superior governmental authority at the sole cost of OWNER in any way legally possible, including,without limitation,by challenging such mandate on its face or as applied to the Subject Property in any administrative or judicial forum having jurisdiction, B. Notwithstanding any of the terms of provisions of this Agreement,no change, modification or enactment of any ordinance, code or regulation, so long as they do not affect CITY's ISO insurance rating, shall be applied following the execution of this Agreement so as to: (i) affect the zoning classifications of the Subject Property, (ii) affect the uses permitted under the Zoning Ordinances of CITY specified under this Agreement, or(iii) interpret any CITY ordinance in a way so as to prevent OWNER or OWNER'S assigns from developing the Subject Property or any portion thereof in accordance with this Agreement. Except as modified by the previous sentence and the provisions hereof or other terms and provisions of this Agreement, OWNER shall comply in all respects with the conditions and requirements of all ordinances of CITY, applicable to the Subject Property and all property similarly situated and zoned within CITY as such ordinances may exist from time to time subsequent to annexation to CITY,provided,however, notwithstanding any other provision of this Agreement, if there are ordinances,resolutions,regulations, or codes or changes thereto which are less restrictive in their application to similarly situated and zoned lands,then OWNER, at OWNER'S election, shall be entitled to application of such less restrictive ordinances, regulations and/or codes to the Subject Property or any portion thereof. C. OWNER and all successor parties in interest to the Subject Property or any part 4 124563/1 thereof shall be entitled to take advantage immediately of any future amendment(s)to CITY'S ordinances,regulations,resolutions and/or codes that establish provisions that are less restrictive than the provisions of CITY'S current codes in effect as of the effective date of this Agreement so long as such less restrictive provisions do not frustrate the purpose of this Agreement or the intent of the parties relative to the development of the Subject Property. In the event of any conflict between the provisions of this Agreement, and the ordinances, codes, regulations and resolutions of CITY,the provisions of this Agreement shall control over the provisions of any ordinances, codes, regulations and resolutions of CITY. The Subject Property, may be used for hunting. All hunting shall be conducted in accordance with state and federal laws and regulations. All codes and ordinances of the City controlling the use and discharge of firearms,including but not limited to Title 5 Chapter 3 Section 6, et seq., are hereby amended to permit the discharge of firearms on the Subject Property while engaged in hunting. Hunting shall be restricted to the use of shotguns only. No hunting may take place within 500' of any perimeter lot line of the Subject Property. 7. BUILDING CODE. All deletions or additions to the building codes of CITY pertaining to life/safety considerations adopted after the date of this Agreement shall be applicable to the Subject Property upon the expiration of the twelfth(12�')month following the effective date of such deletion or addition or any time thereafter. City agrees to accept any existing structures on the Subject Property in an"as is" condition and any such structures shall not be required to be upgraded to meet current City codes. 8. FEES AND CHARGES. During the first seven(7) years of the term of this Agreement, CITY shall impose upon and collect from OWNER and OWNER'S respective contractors and suppliers, and successors and assigns only those permit,license,tap on and connection fees and charges, in such amounts or at such rates, as are in effect on the date of this Agreement and as are generally applied throughout CITY. 9. SPECIAL ASSESSMENT OR SPECIAL USE Any special assessment or special use district imposed by CITY shall not be effective against the Subject Property without OWNER'S prior written consent. 10. 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 CITY require that any part of the Subject Property be designated for Public purposes, except as otherwise expressly provided in this agreement. 11. RECAPTURE AGREEMENTS. There are currently no recapture agreements or recapture ordinances affecting public utilities which may be utilized to service the Subject Property of which CITY has any knowledge, or under which CITY is or will be required to collect recapture amounts from OWNER or OWNER'S successors, upon connection of the Subject Property to any of such public utilities,nor does CITY have any knowledge of any pending or contemplated request for approval of any such recapture agreement or ordinance which will affect the Subject Property. 12. YORKVILLE BRISTOL SANITARY DISTRICT. Owner shall have no obligation to annex the Subject Property or any part thereof to the Yorkville Bristol Sanitary District,provided however,that for each portion of the Subject Property that is covered by a Final Plat of Subdivision that City is called upon to approve, City may require, as a condition of 5 124563/1 approval,that the property which is the subject of the Final Plat be annexed to a sanitary district capable of serving the property. 13. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of CITY which may be in conflict with the provisions of the Agreement. 14. TRANSFER. It is specifically understood and agreed that OWNER and OWNER'S successors and assigns shall have the right to sell,transfer, mortgage and assign all or any part of the Subject Property or any part thereof and the improvements thereon to other persons, trusts,partnerships, firms, or corporations for ownership, operation, investment, building,financing, developing,construction and all such purposes, and that said persons, trusts, partnerships, firms or corporations shall be entitled to the same rights and privileges and shall have the same obligations as OWNER has under this Agreement, and upon such transfer, such obligations relating to that part of the Subject Property sold,transferred, mortgaged or assigned shall be the sole obligation of the transferees, and transferor shall be relieved of all duties and obligations hereunder relating to that portion of the Subject Property, or part thereof so sold, transferred or assigned. 15. CITY ASSISTANCE. CITY agrees to cooperate and provide any reasonable assistance requested by OWNER in applying for and obtaining any and all approvals or permits necessary for the development of the Subject Property, including, but not limited to those required from the IEPA, the Army Corps of Engineers,the Federal Emergency Management Agency, IDOT,the Illinois Department of Natural Resources, and Fox Township. CITY further agrees to reasonably cooperate with OWNER in obtaining all permits and approvals required by the County of Kendall and all other governmental units in connection with the eventual development of the Subject Property. The OWNER contemplates the establishment of a landfill on the Subject Property and, therefore,the City agrees to adopt and keep in effect a Host City Agreement for the Subject Property. City shall adopt any required ordinances to cause the vacation of that portion of Sleepy Hollow as follows: That part of Sections 14 and 23, Township 36 North,Range 6 East of the Third Principal Meridian described as follows: That part of Sleepy Hollow Road lying south of the south line of Illinois Route 71 and north of a line which bears south 89 degrees 55 minutes 26 seconds west and the easterly prolongation of said line at a point 1935.49 feet north of the south quarter corner of said section 23, in Kendall County Illinois at the time of annexation of the Subject Property. Any remaining portions of Sleepy Hollow Road shall be vacated at a future date upon request of the Owner. Any vacated roadway shall become the property of the adjoining landowner at no charge. 16. GENERAL PROVISIONS. A. Enforcement. 1. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties of 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. 2. In the event of a material breach of this Agreement,the parties agree that the defaulting party shall have thirty (30) days after notice of said breach to correct the same 6 124563/1 prior to the nonbreaching parry's seeking of any remedy provided herein;provided,however: (i) any breach by OWNER reasonably determined by CITY to involve health or safety issues may be the subject of immediate action by CITY without notice or thirty(30) day delay; and(ii) if the cure for any breach that does not involve health or safety issues cannot reasonably be achieved within thirty(30) days,the cure period shall be extended provided the breaching party commences the cure of such breach within the original thirty(30) day period and diligently pursues such cure to completion thereafter. 3. In the event the performance of any covenant to be performed hereunder by either OWNER or CITY is delayed for causes which are beyond the reasonable control of the party responsible for such performance (which causes shall include,but not limited to, acts of God;inclement weather conditions; strikes; material shortages; lockouts;the revocation, suspension, or inability to secure any necessary governmental permit, other than a CITY license or permit; and any similar case)the time for such performance shall be extended by the amount of time of such delay. 4. The failure of the parties to insist upon the strict and prompt performance of the terms, covenants, agreements, and conditions herein contained, or any of them,upon any other party imposed, shall not constitute or be construed as a waiver or relinquishment of any parry's right thereafter to enforce any such term, covenant, agreement, or condition,but the same shall continue in full force and effect. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER and its successors in title and interest, and upon CITY, and any successor municipalities of CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees and successors in interest of the OWNER and CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER hereunder shall not be deemed transferred to or assumed by any purchaser of a lot improved with a dwelling unit who acquires the same for residential occupancy,unless otherwise expressly agreed in writing by such purchaser. C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement it amends, 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 the 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 cord rmed 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: If to Owner: North Star Trust Company 500 W. Madison Street, Suite 3150 Chicago, IL 60661 with a copy to: John F. Philipchuck 7 124563/1 DOMMERMUTH, BRESTAL, COBINE AND WEST,LTD. 123 Water Street P.O. Box 565 Naperville, IL 60566-0565 If to City: United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 with a copy to: City Attorney John Justin Wyeth 800 Game Farm Road Yorkville, IL 60560 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 Chapter 65, Sec. 5111-15.1-1, et seq., Illinois Compiled Statutes (2002 ed.). In the event any part or portion of this Agreement, or any provision, clause,word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part,portion, clause,word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect such portion or portions of this Agreement as remain. In addition, CITY, OWNER 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 CITY Code and Illinois Compiled Statutes. This Agreement may be amended by 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 affected by such Agreement. G. Conveyances and Assignments. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER to sell or convey all.or any portion of the Subject Property, whether improved or unimproved, or to assign or sell any rights hereunder to third parties. H. Necessary Ordinances and Resolutions. CITY shall pass all ordinances and resolutions necessary to permit the OWNER and his 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. CITY agrees to authorize the Mayor and CITY Clerk to execute this Agreement or to correct any technical defect which may arise after the execution of this Agreement. Within 30 days after the execution hereof,the text of this Agreement shall be recorded in the office of the Recorder of Deeds in Kendall County, Illinois at City's sole cost and expense. 1. Term of Agreement. The term of this Agreement shall be twenty(20) years. J. Captions and Paragraph Headings. The captions and paragraph headings used 8 124563/1 herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. 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. L. 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. M. Time Is of the Essence. Time is of the essence of this Agreement and all documents,agreements, and contracts pursuant hereto as well as covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. N. Exculpation. It is agreed that CITY is not liable or responsible for any restrictions on 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, CITY, or OWNER,including,but not limited to, county, state or federal regulatory bodies. O. Use of Plural. Whenever the plural form of a word is used herein, it shall be interpreted to mean the singular form of the same word if the singular form is applicable. IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OV*WER. North Star Trust Company as trustee under trust agreement dated August 8,2006 and known as trust no.06-9993. Dated 9 124563/1 Dated I CITY: United City of Yorkville Illinois Municipal Corporation By: Mayor 10 124563/1 Attest: City Clerk Dated: LIST OF EXHIBITS EXHIBIT"A" SUBJECT PROPERTY LEGAL DESCRIPTION 11 124563/1 LIST OF EXHIBITS EXHIBIT"A" SUBJECT PROPERTY LEGAL DESCRIPTION 11 124563/1 EX141BITS ATTACHED 1. Legal Description for parcel A Legal Description for PARCEL A THOSE PARTS OF SECTIONS 14,22 AND 23, ALL IN TOWNSHIP 36 NORTH, RANGE 6 EAST THE THIRD PRINCIPAL MERIDIAN IN KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCCI NG AT AN IRON WEST ALONG THE WEST LINE ON THE SOUTHWEST SAID SOUTHEASTI/A4S779.210FEET TO THE POINT OF BEGINN NGHBEING A7 SOUTHEAST CORNER OF ILLINOIS STATE ROUTE 71 DEDICATED BY DOCUMENT RECORDED IN BOOK 98,*36' 07"WEST ALONG SAID W EST LINE EASTERLY MOST LINE OF THE ILLINOIS TSTATEGROOURTE 71 01 DEDICATED BY SAID DOCUMENT RECORD DINE -1-129, A DISTANCE OF 238.29 FEET TO A SOUTHERLY LINE OF BOOK 98, AGE 54 372 6" EADST ALONG SAID SOUTHERLY LINE, 080 033 FEET; THENCE SOUTH 4095140 ROUTE 71; THENCE NORT EAST, 1744.27 FEET;THENCE SOUTH 00° 00' OD"WEST,267.13 FEET;THENCE NORTH 90°00'00"WEST,F THE FEET; THENCE SOUTH 01 26 54 EAST 158.91 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF THE 1102 OF HE NORTHEAST01/4E26422..32 FEET TO THE NORTHEAST CORNER T ALONG THE EAST OF THE WEST 11 LOF THESAID WEST 1122 OF SOUTHEAST E SOUTHEAST 1 4, 2603.4 FEET TO AN IRON PIPE ON THE NORTH LINE OF WALKER ROAD AS WEST DEDICATED BY THE DOCUMENT RECORDED IN BOOK 136, PAGE 184;THENCE THE FOLLOWING THREE(3) COURSES BEING ALONG SAID NORTH LINE OF WALKER ROAD:THENCE SOUTH 89° 40'05-WEST, 1271.53 FEET TO AN IRON PIPE;THENCE NORTH 450 19'02' WEST, 35.35 FEET TO AN IRON PIPE; THENCE SOUTH B9" 40'05"WEST, 24.58 FEET TO THE WEST LINE OF SAID SOUTHEAST 114; THENCE NORTH 01°27' 19"WEST ALONG SAID WEST LINE OF THE SOUTHEAST 1/4, 1870.46 FEET;THENCE SOUTH 890 55,261,WEST,2643.57 FEET TO THE WEST LINE OF SAID SECTION 23;THENCE SOUTH 01° 32' 06" EAST ALONG SAID WEST LINE OF SECTION 23,A DISTANCE OF 75.14 FEET; THENCE SOUTH 89°34' 50"WEST, 2422.16 FEET TO THE SOUTHERLY LINE OF ILLINOIS STATE ROUTE 71 AS DEDICATED BY DOCUMENT RECORDED IN BOOK 90 PAGES 311, 312, AND 313 AND SAID BOOK 98 PAGES 327, 328 AND 329; THENCE THE FOLLOWING TEN (10) COURSES BEING ALONG SAID SOUTHERLY LINE OF ILLINOIS STATE ROUTE 71 AS DEDICATED BY DOCUMENT RECORDED IN BOOK 90 PAGES 311, 312,AND 313 AND SAID BOOK 98 PAGES 327, 328 AND 329:THENCE NORTHEASTERLY ALONG A CURVE HAVING A RADIUS OF 4695.69 FEET, CONCAVE TO THE NORTHWEST, WHOSE CHORD BEARS NORTH 44°40'57- EAST, 52.06 FEET, FOR AN ARC DISTANCE OF 52.08 FEET;THENCE NORTH 44°21'26" EAST, 1649.83 FEET;THENCE NORTH 46° 15'59" EAST, 300.17 FEET;THENCE NORTH 440 21'26" EAST, 1560.36 FEET; THENCE NORTHEASTERLY ALONG A CURVE HAVING A RADIUS OF 8539.42 FEET, CONCAVE TO THE SOUTHEAST,WHOSE CHORD BEARS NORTH 46°OB'39"EAST, 649.80 FEET, FOR AN ARC DISTANCE OF 649.97 FEET; THENCE NORTH 440 51'39" EAST, 77.00 FEET; THENCE NORTHEASTERLY ALONG A CURVE HAVING A RADIUS OF 8544.42 FEET, CONCAVE TO THE SOUTHEAST,WHOSE CHORD BEARS NORTH 51° 55'46" EAST, 803.38 FEET, FOR AN ARC DISTANCE OF 803.68 FEET; THENCE NORTH 54° 37'26" EAST, 1190.08 FEET;THENCE NORTH 820 08'22"EAST, 218.80 FEET; THENCE SOUTH 720 43' 55" EAST 122.02 FEET TO SAID POINT OF BEGINNING; (EXCEPT THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND:THOSE PARTS OF SECTIONS 14 AND 23, ALL IN TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS:COMMENCING AT AN IRON PIPE ON THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 14;THENCE NORTH 890 33' 54" EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4, 1142.54 FEET TO THE POINT OF BEGINNING ON THE WESTERLY LINE OF A400 FOOT COMMONWEALTH EDISON COMPANY RIGHT OF WAY;THENCE NORTH 45° 29'03"WEST ALONG SAID WESTERLY RIGHT OF WAY, 1523.81 FEET TO THE SOUTHERLY LINE OF ILLINOIS STATE ROUTE 71;THENCE NORTH 540 37'26" EAST ALONG SAID SOUTHERLY LINE,406.31 FEET TO THE EASTERLY LINE OF SAID RIGHT OF WAY;THENCE SOUTH 450 29'03" EAST ALONG SAID EASTERLY LINE, 1630.85 FEET; THENCE NORTH 90°00' 00"WEST, 238.44 FEET;THENCE SOUTH 01' 26'54" EAST, 158.91 FEET TO THE NORTHEAST CORNER OF THE WEST 112 OF THE NORTHEAST 1/4 OF SAID SECTION 23;THENCE SOUTH 010 33' 31" EAST ALONG THE EAST LINE OF SAID WEST 1/2, 176.39 FEET TO SAID WESTERLY LINE;THENCE NORTH 450 29,03"WEST ALONG SAID WESTERLY LINE, 249.62 FEET TO SAID POINT OF BEGINNING.) TOGETHER WITH THE ADJOINING NORTH 1/2 OF ILLINOIS STATE ROUTE 71 AND THE ADJOINING SOUTH 112 OF WALKER ROAD LYING IN THE NORTH EAST 1/4 OF SECTION 26 AND THE WEST 1/2 OF SLEEPY HOLLOW ROAD LYING IN THE SOUTH EAST 1/4 OF SECTION 23,TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDAN IN KENDALL COUNTY, ILLINOIS. SAID PARCEL A OF LAND HEREIN DESCRIBED CONTAINS 490.2 ACRES, MORE OR LESS. North Star Trust Company Trust Agreement dated this August 6,2006 and known as Trust Number 06-9993 Page 5 of 6 2. Legal Description for Parcel B Legal Description for PARCEL B - THE THIRD PRINCIPAL MERIDIAN LYING EAST OF SLEEPY HOLOLOW ROAD ANDISOUTHOOF THE CENTER EAST INEEF OF STATE PART FALLING ROUTE IN THE TOWNSHIP OF FOX, KENDALL COUNTY, ILLINOIS EXCEP THE FOLLOWING ING A TING THEREFROM THAT THOSE PARTS OF SECTIONS 14. 22 AND 23,ALL IN TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE ON THE SOUTHWEST CORNER OF THE SOUTHEAST 114 OF SAID SECTION 14;THENCE NORTH 010 36, 07" WEST ALONG THE WEST LINE OF SOUTHEAST CORNER OF ILLINOIS S TI SOUTHEAST DOCUMENT POINT O BEGINNING, ATEROU E 71 DEDICATED BY RECORD DN BOOK 918,0 A PAGES 327, 328 AND 329;THENCE CONTINUING NORTH 01° 36'07"WEST ALONG SAID WEST LINE AND THE EASTERLY MOST LINE OF THE ILLINOIS STATE ROUTE 71 DEDICATED BY SAID DOCUMENT RECORDED IN BOOK 98, PAGES 327, 328 AND 329, A DISTANCE OF 238.29 FEET TO A SOUTHERLY LINE OF ILLINOIS ROUTE 71; THENCE NORTH 540 37'26" EAST ALONG SAID SOUTHERLY LINE, 1080.03 FEET; THENCE SOUTH 49° 14' 26" EAST, 1744.27 FEET; THENCE SOUTH 00° 00'00"WEST,267.13 FEET; THENCE NORTH 90" 00'00"WEST, 800.29 FEET; THENCE SOUTH 01' 26'54" EAST 158.91 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 23; THENCE SOUTH 01° 33'31" EAST ALONG THE EAST LINE OF SAID WEST 112 OF THE NORTHEAST 114, 2642.32 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF THE SOUTHEAST F TE SOU HEASTI 4,260130.14 FEET TO AN ALONG IRON PIPE ON THE NORTH LINE D WEST NE OF WALKER ROAD S DEDICATED BYTHE DOCUMENT RECORDED IN BOOK 136, PAGE 184; THENCE THE FOLLOWING THREE(3) COURSES BEING ALONG SAID NORTH LINE OF WALKER ROAD:THENCE SOUTH 89' 40'05"WEST, 1271.53 FEET TO AN IRON PIPE;THENCE NORTH 45° 19' 02"WEST, 35.35 FEET TO AN IRON PIPE;THENCE SOUTH 890 40'05"WEST,24.58 FEET TO THE WEST LINE OF SAID SOUTHEAST 1/4; THENCE NORTH 010 27' 19"WEST ALONG SAID WEST LINE OF THE SOUTH EASTI/4, 1870,46 FEET;THENCE SOUTH 890 55'26"WEST, 2643.57 FEET TO THE WEST LINE OF SAID SECTION 23; THENCE SOUTH 010 32'06" EAST ALONG SAID WEST LINE OF SECTION 23, A DISTANCE OF 75.14 FEET; THENCE SOUTH 890 34150"WEST, 2422.16 FEET TO THE SOUTHERLY LINE OF ILLINOIS STATE ROUTE 71 AS DEDICATED BY DOCUMENT RECORDED IN BOOK 90 PAGES 311, 312, AND 313 AND SAID BOOK 98 PAGES 327, 328 AND 329;THENCE THE FOLLOWING TEN (10)COURSES BEING ALONG SAID SOUTHERLY LINE OF ILLINOIS STATE ROUTE 71 AS DEDICATED BY DOCUMENT RECORDED IN BOOK 90 PAGES 311, 312, AND 313 AND SAID BOOK 98 PAGES 327, 328 AND 329: THENCE NORTHEASTERLY ALONG A CURVE HAVING A RADIUS OF 4695.69 FEET, CONCAVE TO THE NORTHWEST, WHOSE CHORD BEARS NORTH 440 40'57"EAST, 52.08 FEET, FOR AN ARC DISTANCE OF 52.08 FEET;THENCE NORTH 44°21126" EAST, 1649.83 FEET;THENCE NORTH 460 15'59" EAST, 300.17 FEET;THENCE NORTH 442 21'26" EAST, 1560.36 FEET; THENCE NORTHEASTERLY ALONG A CURVE HAVING A RADIUS OF 8539.42 FEET, CONCAVE TO THE SOUTHEAST, WHOSE CHORD BEARS NORTH 46°08' 39" EAST, 649.80 FEET, FOR AN ARC DISTANCE OF 649.97 FEET; THENCE NORTH 44° 51'39" EAST, 77.00 FEET;THENCE NORTHEASTERLY ALONG A CURVE HAVING A RADIUS OF 8544.42 FEET, CONCAVE TO THE SOUTHEAST, WHOSE CHORD BEARS NORTH 51' 55'46" EAST, 803.38 FEET, FOR AN ARC DISTANCE OF 603.68 FEET; THENCE NORTH 540 37'26" EAST, 1190.08 FEET; THENCE NORTH 62° 08' 22"EAST, 218.80 FEET;THENCE SOUTH 72'43'55" EAST 122.02 FEET TO SAID POINT OF BEGINNING; (EXCEPT THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND:THOSE PARTS OF SECTIONS 14 AND 23, ALL IN TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE ON THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 14;THENCE NORTH 890 33' 54" EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4, 1142.54 FEET TO THE POINT OF BEGINNING ON THE WESTERLY LINE OF A 400 FOOT COMMONWEALTH EDISON COMPANY RIGHT OF WAY;THENCE NORTH 450 29,031,WEST ALONG SAID WESTERLY RIGHT OF WAY, 1523.81 FEET TO THE SOUTHERLY LINE OF ILLINOIS STATE ROUTE 71;THENCE NORTH 54° 37'26"EAST ALONG SAID SOUTHERLY LINE, 406.31 FEET TO THE EASTERLY LINE OF SAID RIGHT OF WAY; THENCE SOUTH 45°29'03" EAST ALONG SAID EASTERLY LINE, 1630.85 FEET;THENCE NORTH 900 00' 00"WEST, 238.44 FEET;THENCE SOUTH 01'26'54" EAST, 158.91 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF THE NORTHEAST 114 OF SAID SECTION 23;THENCE SOUTH 01° 33'31" EAST ALONG THE EAST LINE OF SAID WEST 1/2, 176.39 FEET TO SAID WESTERLY LINE;THENCE NORTH 45'29' 03"W EST ALONG SAID WESTERLY LINE, 249.62 FEET TO SAID POINT OF BEGINNING.) TOGETHER WITH THE ADJOINING NORTH 1/2 OF ILLINOIS STATE ROUTE 71. North Star Trust Company Trust Agreement dated this August 8,2006 and known as Trust Number 06.9993 Page 6 of 8 AND THAT PART OF THE EAST Y2 OF THE EAST 1/2 OF SECTION 14, TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE CENTER LINE OF STATE ROUTE 71, EXCEPT THAT PART CONVEYED TO THE COMMONWEALTH EDISON COMPANY BY DOCUMENT NO. 74-1219; ALSO EXCEPT THAT PART FALLING INSIDE THE FOLLOWING DESCRIBED PARCEL OF LAND: THOSE PARTS OF SECTIONS 14, 22 AND 23, ALL IN TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE ON THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 14; THENCE NORTH 01° 36, 07" WEST ALONG THE WEST LINE OF SAID SOUTHEAST 1/4, 779.21 FEET TO THE POINT OF BEGINNING, BEING A SOUTHEAST CORNER OF ILLINOIS STATE ROUTE 71 DEDICATED BY DOCUMENT RECORDED IN BOOK 98, PAGES 327, 328 AND 329; THENCE CONTINUING NORTH 01' 36'07" WEST ALONG SAID WEST LINE AND THE EASTERLY MOST LINE OF THE ILLINOIS STATE ROUTE 71 DEDICATED BY SAID DOCUMENT RECORDED IN BOOK 98, PAGES 327, 328 AND 329, A DISTANCE OF 238.29 FEET TO A SOUTHERLY LINE OF ILLINOIS ROUTE 71; THENCE NORTH 54° 37'26" EAST ALONG SAID SOUTHERLY LINE, 1080.03 FEET; THENCE SOUTH 490 14, 26" EAST, 1744.27 FEET; THENCE SOUTH 00° 00' 00"WEST, 267.13 FEET; THENCE NORTH 900 00'00"WEST, 800.29 FEET; THENCE SOUTH 01° 26' 54" EAST 158.91 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 23; THENCE SOUTH 01° 33' 31" EAST ALONG THE EAST LINE OF SAID WEST 112 OF THE NORTHEAST 1/4,2642.32 FEET TO THE NORTHEAST CORNER OF THE WEST 112 OF THE SOUTHEAST 1/4 OF SAID SECTION 23; THENCE SOUTH 01° 27' 24" WEST ALONG THE EAST LINE OF SAID WEST 1/2 OF THE SOUTHEAST 1/4, 2603.14 FEET TO AN IRON PIPE ON THE NORTH LINE OF WALKER ROAD AS DEDICATED BY THE DOCUMENT RECORDED IN BOOK 136, PAGE 184; THENCE THE FOLLOWING THREE (3) COURSES BEING ALONG SAID NORTH LINE OF WALKER ROAD: THENCE SOUTH 89° 40' 05" WEST, 1271.53 FEET TO AN IRON PIPE; THENCE NORTH 45° 19' 02"WEST, 35.35 FEET TO AN IRON PIPE; THENCE SOUTH 89° 40' 05"WEST, 24.58 FEET TO THE WEST LINE OF SAID SOUTHEAST 1/4; THENCE NORTH 010 27' 19"WEST ALONG SAID WEST LINE OF THE SOUTHEAST 1/4, 1870.46 FEET; THENCE SOUTH 89° 55-26-'WEST, 2643.57 FEET TO THE WEST LINE OF SAID SECTION 23; THENCE SOUTH 01° 32' 06" EAST ALONG SAID WEST LINE OF SECTION 23, A DISTANCE OF 75.14 FEET; THENCE SOUTH 890 34' 50" WEST, 2422.16 FEET TO THE SOUTHERLY LINE OF ILLINOIS STATE ROUTE 71 AS DEDICATED BY DOCUMENT RECORDED IN BOOK 90 PAGES 311, 312, AND 313 AND SAID BOOK 98 PAGES 327, 328 AND 329; THENCE THE FOLLOWING TEN (10) COURSES BEING ALONG SAID SOUTHERLY LINE OF ILLINOIS STATE ROUTE 71 AS DEDICATED BY DOCUMENT RECORDED IN BOOK 90 PAGES 311, 312, AND 313 AND SAID BOOK 98 PAGES 327, 328 AND 329: THENCE NORTHEASTERLY ALONG A CURVE HAVING A RADIUS OF 4695.69 FEET, CONCAVE TO THE NORTHWEST, WHOSE CHORD BEARS NORTH 440 40' 57" EAST, 52.08 FEET, FOR AN ARC DISTANCE OF 52.08 FEET; THENCE NORTH 44° 21' 26" EAST, 1649.83 FEET;THENCE NORTH 460 15' 59" EAST, 300.17 FEET; THENCE NORTH 440 21'26"EAST, 1560.36 FEET; THENCE NORTHEASTERLY ALONG A CURVE HAVING A RADIUS OF 8539.42 FEET, CONCAVE TO THE SOUTHEAST, WHOSE CHORD BEARS NORTH 46° 08' 39" EAST, 649.80 FEET, FOR AN ARC DISTANCE OF 649.97 FEET; THENCE NORTH 44° 51'39" EAST, 77.00 FEET; THENCE NORTHEASTERLY ALONG A CURVE HAVING A RADIUS OF 8544.42 FEET, CONCAVE TO THE SOUTHEAST, WHOSE CHORD BEARS NORTH 51° 55'46" EAST, 803.38 FEET, FOR AN ARC DISTANCE OF 803.68 FEET; THENCE NORTH 54° 37'26" EAST, 1190.08 FEET; THENCE NORTH 820 08'22" EAST, 218.80 FEET: THENCE SOUTH 72°43' 55" EAST 122.02 FEET TO SAID POINT OF BEGINNING; (EXCEPT THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND:THOSE PARTS OF SECTIONS 14 AND 23, ALL IN TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE ON THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 14; THENCE NORTH 89° 33' 54" EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4, 1142.54 FEET TO THE POINT OF BEGINNING ON THE WESTERLY LINE OF A 400 FOOT COMMONWEALTH EDISON COMPANY RIGHT OF WAY; THENCE NORTH 45° 29, 03',WEST ALONG SAID WESTERLY RIGHT OF WAY, 1523.81 FEET TO THE SOUTHERLY LINE OF ILLINOIS STATE ROUTE 71; THENCE NORTH 540 37'26" EAST ALONG SAID SOUTHERLY LINE, 406.31 FEET TO THE EASTERLY LINE OF SAID RIGHT OF WAY; THENCE SOUTH 45° 29'03" EAST ALONG SAID EASTERLY LINE, 1630.85 FEET; THENCE NORTH 900 00' 00"WEST, 238.44 FEET; THENCE SOUTH 01°26' 54" EAST, 158.91 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF THE NORTHEAST 114 OF SAID SECTION 23; THENCE SOUTH 01° 33' 31" EAST ALONG THE EAST LINE OF SAID WEST 1/2, 176.39 FEET TO SAID WESTERLY LINE; THENCE NORTH 45° 29'03"WEST ALONG SAID WESTERLY LINE, 249.62 FEET TO SAID POINT OF BEGINNING.) TOGETHER WITH THE ADJOINING NORTH 1/2 OF ILLINOIS STATE ROUTE 71. North Star Trust Company Trust Agreement dated this August 8,2006 and known as Trust Number 06-9993 Page 7 of 8 AND THE WEST % OF THE SOUTHWEST'/.OF SECTION 13, TOWNSHIP 36 NORTH , RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN, TOGETHER WITH THE ADJOINING NORTH 112 OF ILLINOIS ROUTE 71 IN THE TOWNSHIP OF FOX, KENDALL COUNTY, ILLINOIS AND THAT PART OF THE NORTHWEST /. OF SECTION 13, TOWNSHIP 36 NORTH, RANGE 06 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST '/.OF SAID SECTION 13; THENCE EAST ON THE SOUTH LINE OF SAID QUARTER 20 CHAINS TO THE EIGHTH LINE; THENCE NORTH ON SAID EIGHTH LINE 16.98 CHAINS TO THE CENTER LINE OF THE ROAD; THENCE SOUTH 60 DEGREES WEST ALONG SAID CENTER LINE 24.46 CHAINS TO THE WEST LINE OF SAID QUARTER; THENCE SOUTH ALONG SAID WEST LINE 2.68 CHAINS TO THE POINT OF BEGINNING; (EXCEPT THAT PART FALLING IN THE FOLLOWING DESCRIBED TRACT: THAT PART OF THE WEST %]OF SECTION 13 AND PART OF THE EAST Y2 OF SECTION 14, TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE NORTHWEST '/. OF SAID SECTION 13 WITH THE CENTER LINE OF ILLINOIS STATE ROUTE 71; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE, 582.30 FEET; THENCE SOUTHERLY PARALLEL WITH SAID WEST LINE, 1520.34 FEET; THENCE NORTHERLY, PARALLEL WITH THE SAID WEST LINE 2028.57 FEET TO SAID CENTER LINE; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE TO THE POINT OF BEGINNING), TOGETHER WITH THE ADJOINING NORTH 1/2 OF ILLINOIS STATE ROUTE 71, IN THE TOWNSHIP OF FOX, KENDALL COUNTY, ILLINOIS. AND THE WEST 1/2 THE NORTHEAST QUARTER (EXCEPT THE WEST 400 FEET, AS MEASURED PERPENDICULAR TO THE WEST LINE THEREOF) OF SECTION 23, TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF FOX, KENDALL COUNTY, ILLINOIS. AND THE SOUTHEAST QUARTER (EXCEPT THE WEST 400 FEET, AS MEASURED PERPENDICULAR TO THE WEST LINE THEREOF) OF SECTION 23, TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF FOX, KENDALL COUNTY, ILLINOIS. SAID PARCEL B OF LAND HEREON DESCRIBED CONTAINS 269.5 ACRES, MORE OR LESS. 3. Plat of Annexation to illustrate th parcels attached(3 pages) North Star Trust Company Trust Agreement dated this August 8,2006 and known as Trust Number 06.9993 Page 8 of 8 , o pppp � al a E � ytl 1 ? eglip w ° I 6§ 1 e ® y N� wO"••µ - 1 I z 4,� Nom.,• O — - -- ARCE�B__ W HEREBY ANNEXE aob ECNUN. ]6lF,i L y4. p al psL @.y @aN 'ri'11 �heM M`�i c�OYMg Lm 04M COMPANY Now ]6e3.iM WI 2 ��lu�aa+ I s�elaxiiw:a. ! Z Z O QLL I hsw I{y hah� FpO I SO <p0 I LL �, I e as Imm w.w:o a salm.¢w.w 0 65V O p - .wnQn�-Ir� � P O � -- aZi i�N11 e1� O k� ey 5p 5 h I F QQE I oW3 i t1'j bey F IL LC 16 W �dbd�9 g I I F I I y F I I ,..°e F• �My lov'F".nw 16.,1' I F :6 :pep A I I ej F� FY i I I I I I I --- - ------ - tilt Jill 1i ill mill CDC * 1a. STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO.2006- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (North Star Parcel A) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois,that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit"A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; 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 Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11-15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with;and Page 1 of 3 WHEREAS,the property is presently contiguous to the City. 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, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation 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 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 Faun Road Yorkville,IL 60560 Page 3 of 3 fDC *1 b . STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS (North Star Parcel A) WHEREAS, a written petition, signed by the legal owner of record of all land within the territory hereinafter described,has been filed with the City Clerk of the United City of Yorkville,Kendall County, Illinois,requesting that said territory be annexed to the United City of Yorkville; and, WHEREAS,there are no electors residing within the said territory, and, WHEREAS,the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville; and, WHEREAS, legal notices regarding the intention of the United City of Yorkville to annex said territory have been sent to all public bodies required to receive such notices by state statute; and, WHEREAS, copies of such notices required to be recorded, if any, have been recorded in the Office of the Recorder Kendall County, Illinois; and, WHEREAS,the legal owner of record of said territory and the United City of Yorkville have entered into a valid and binding annexation agreement relating to such territory; and, WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE,BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: SECTION 1: The following described territory, That territory described in the Legal Description which is attached hereto and made apart of this Ordinance. that territory also being indicated on an accurate map of the annexed territory (which is attached hereto and made a part of this Ordinance), is hereby annexed to the United City of Yorkville, Kendall County, Illinois. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of the Ordinance, together with an accurate map of the territory annexed attached to this Ordinance. SECTION 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 b p Y John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Eoc STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO.2006- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (North Star Parcel A) WHEREAS, North Star Trust Company u/t dated August 8, 2006,No. 06-9993 is the legal owner of record of property described on Exhibit"A" attached hereto and incorporated herein(the Property), and WHEREAS North Star Trust Company u/t dated August 8, 2006,No. 06-9993, owner/developer of the Property have made application by petition for the rezoning of the Property pursuant to an Annexation of the Property, and WHEREAS, owner/developer have previously entered into an agreement for annexation, and zoning of the property, and WHEREAS,the Yorkville Plan Commission has recommended the annexation of the property. 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 as A-1 Agricultural District as described in attached Exhibit`B" (Legal Description of the Property). 2. The Property shall be developed according to the terms of an Annexation Agreement previously adopted. 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 ) ORDINANCE No. 2006- ORDINANCE AMENDING AND RESTATING CITY CODE TITLE 8 --BUILDING, CHAPTER 14— POLLUTION CONTROL FACILITY SITING Whereas the United City of Yorkville has taken up, discussed and considered amending and restating the City Code, Title 8, Chapter 14, Pollution Control Facility Siting, and Whereas the Mayor and City Council have discussed that it may be prudent to amend and restate Title 8-- Building, Chapter 14—Pollution Control Facility Siting, in its entirety thereby restating Chapter 14 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 8 -- Building, Chapter 14 -- Pollution Control Facility Siting, of the City Code of the United City of Yorkville is hereby amended by deleting the current text of all of Chapter 14, and substituting in place of the former Chapter 14, a new Chapter 14, as depicted on the attached Exhibit"A". All ordinances or parts of ordinances conflicting with any of the provisions of this Chapter shall be and the same are hereby repealed. -1- If any section, subsection, sentence, clause,phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. This Chapter shall be in effect from and after its passage, approval and publication in pamphlet form as provided by law. JAMES BOCH 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 -2- EXH BIT "A" CHAPTER 14 POLLUTION CONTROL FACILITY SITING ORDINANCE Section 1. DEFINITIONS Whenever the following terns are used in this Chapter,they shall have the meanings respectively ascribed to them hereafter provided: ACT: "The Environmental Protection Act,"415 ILCS 511 et seq. APPLICANT: Any person,partnership, form, association, corporation, Municipal corporation or unit of local government, company or organization of any kind that files a request for siting approval of a pollution control facility pursuant to the Act and this Ordinance. CITY: The United City of Yorkville, County of Kendall, State of Illinois. CITY CLERK: The United City of Yorkville City Clerk. CITY COUNCIL: The United City of Yorkville City Council. FACILITY: A pollution control facility as defined in the Act. PETITION: The application filed by the Applicant requesting siting approval for a facility. In addition, all other words used in this Chapter and defined in the Act shall have the same definitions and meanings as set forth in the Act. Section 2. NOTICE OF REOUEST FOR SITING APPROVAL A. No later than 14 days before the date on which the City Clerk receives a request for siting approval, the Applicant shall cause written notice of such request to be served either in person or by registered in mail,return receipt requested, on owners of all property within the subject area that is not solely owned by the Applicant and on the owners of all property within 250 feet in each direction of the lot line of the subject property, said owners being such persons or entities which appear from the authentic tax records of Kendall County; provided that the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the 250 feet requirement; provided further that in no event shall this requirement exceed 400 feet, including public streets, alleys and other public ways. B. Such written notice shall also be served upon members of the Illinois General Assembly from the legislative district in which the proposed facility is located and shall be published in a newspaper of general circulation. -3- C. Such notice shall state the name and address of the Applicant, the location of the proposed Facility, the nature and size of the Facility, the nature of the activity proposed, the probable life of the proposed activity, the date when the request for site approval will be submitted, and a description of the right of persons to comment on such request as hereafter provided(which may be satisfied by enclosing a copy of this Ordinance). Section 3. APPLICATION FOR SITING APPROVAL A. An original Application and a minimum of 30 complete copies of the Application, including all plans, exhibits,reports,maps and other submittals, shall be delivered to the office of the City Clerk. Upon receipt of any such Application,the City Clerk shall date stamp,retain and preserve the original Application as the start of the public record on this matter. The Clerk shall also date stamp the copies of the Application and immediately deliver 1 copy of the Application to the Mayor and each City Council Member. The Clerk shall deliver 2 copies to the City Administrator's office. The Clerk shall deliver 1 copy to the Finance Director, 1 copy to the Director of Public Works, 1 copy to the City Engineer, 1 copy to the Zoning Officer, 1 Copy to the Chief of Police; 1 copy to the City Planner; 1 copy to the Economic Development Committee Chairman; 1 copy to the Chairman of the Plan Commission. The Clerk shall deliver 12 copies to the City Attorney's office. The Clerk shall also forward a copy of the Application to the Public Library for the Library to maintain as a non-circulating reference copy available to the Public. The date on the stamp of the City Clerk shall be considered the official filing date for all purposes relating to the time of filing. Receipt and acceptance of a Petition by the City Clerk is pro forma, and does not constitute an acknowledgment that the applicant has complied with the Act or this Article. Should the Petition be presented to the City Clerk without the correct number of copies, in the incorrect form,or without the sections and fee described in this subsection,the Petition shall be rejected by the City Clerk. B. A copy of the Application shall be made available at City Hall for public inspection in the office of the City Clerk or such other location as may be convenient to the operation of the City government. Another copy of the Application shall be made available for purposes of fulfilling copy requests submitted to the City. The Clerk may employ an outside copy service for this purpose and said service may be furnished a copy of the Application for purposes of reproduction. Members of the public shall be allowed to obtain a copy of the Application or any part thereof upon payment of the actual costs of reproduction. All copying requests shall be fulfilled by the City Clerk within a reasonable time and in conformance with the Freedom of Information Act. C. Applications shall include the following: 1. A written petition on standard 8 ''/2"x 11"paper setting forth or including the following: a. The identification of the applicant, owner of the subject property and the proposed operator of the Facility. If the subject property is -4- owned in a trust,then also identify the beneficiary(ies) of the trust(s). Also indicate for each whether the Applicant, the landowner and the operator is an individual,partnership, limited liability company, corporation or unit of government. In the case of an individual, list his or her address. In the case of a partnership, submit the names of all partners. In the case of a limited liability company, submit the names and addresses of all members and managers and attach a certificate of good standing for the LLC from the Secretary of State's office. In the case of a corporation, submit the names and addresses of all officers and directors, and the names and addresses of all shareholders owning 10% or more of the capital stock of the corporation;together with certified copies of the articles of incorporation in the State of Illinois or, if not incorporated in the State of Illinois, its license to do business in the State of Illinois. b. The legal description of the proposed site of the Facility and a street address or some other reasonable description of where the Facility is to be located. C. A description of the proposed Facility, its operation and the anticipated longevity thereof. d. The area to be served by the proposed Facility and a statement of the needs in such area for such a Facility. e. The expected types, amounts and methods of treatment or storage of all wastes proposed for the site and the origins of these wastes. f. The monitoring plans, including background analyses for ground water, surface water and air. g. The plans for closure of the site and continued monitoring thereafter. h. Reasons supporting approval of the request; i. Proof of notice pursuant to Section 39.2(b) of the Act; and j. A prayer for siting approval. 2. The request for a permit made to the Illinois Environmental Protection Agency,if any such request has been made. 3. A site plan showing details of the proposed Facility including,but not limited to: a. Engineering cross-sections; b. All existing wells within 1,000 feet of the subject property; c. All monitoring systems, including,but not limited to, ground water, surface water, and air; d. Fences,buildings and other structures; e. Roads, entrances and driveways; f Core sample locations on the subject property; and g. Location and purpose of any other drill-holes on the subject property. h. Any information to demonstrate that the proposed facility is so designed, located and proposed to be operated in such a manner that the public health, safety and welfare will be protected, in addition to that which has been provided already pursuant to this article. i. Whether any existing uses will be continued. -5- 4. A detailed topographic survey of the subject property and the surrounding area-- within 1,000 feet of the property line—indicating: topographical variations in 2 foot intervals; existing land uses; existing zoning;and, if applicable,the boundary of any floodway or flood plain. 5. A statement of the plan of operation for the proposed Facility including,but not limited to,the following: a. Method of landfilling, incineration, composting, resource recovery or other process; b. Hours of operation; C. Personnel and their training; d. Litter, vector, dust and odor control; e. Surface drainage and erosion control; f. Fire control; and g. Corrective actions for spills and other operational accidents. 6. A report of projected traffic impact regarding the proposed site, including but not limited to,the anticipated number of vehicles and their size, weight and direction of movement. This report should include gap study data and level of service analysis for all intersections likely to be impacted by the projected traffic. 7. All site-specific studies,maps,reports,permits or exhibits which the applicant desires the City to consider at the public hearing,including all documents submitted to the Illinois Environmental Protection Agency pertaining to the proposed Facility. Background reference material generally relied upon in the preparation of the application need not be reproduced and included within the application in its entirety. 8. A written commitment(by Host Agreement or otherwise)to obtain certificates of insurance from companies having a Best rating of A VI or better that shall, at such time as the facility is permitted, cover accidents such as fires, explosions,nonsudden accidental occurrences and pollution impairment. 9. If the site is a proposed hazardous waste facility, a copy of the Resource Conservation and Recovery Act Contingency Plan. 10. A statement describing the past operating experience of the Applicant and, if different.the Operator(and, for both, any subsidiary,member,manager,parent corporation or subsidiary of the parent corporation) in the field of solid or hazardous waste management. 11. A statement citing the past record of actual or alleged violations of the applicant (and any subsidiary,member, manager,parent corporation or subsidiary of the parent corporation) with environmental laws and regulations governing solid or hazardous -6- management operations or activities. Said statement shall include,but not be limited to, a citation of the applicable statute or ordinance violated or alleged to be violated and a brief written summary of the activities or operations giving rise to the actual or alleged violations and the ultimate outcome of the matter, including whether any fines or penalties were imposed. I 12. A description of the following(if applicable): a. Leachate collection system. 1. Type, location and construction of the subsurface collection system; 2. Written narrative describing methods and processes of the collection, management and treatment of the leachate; 3. Program for monitoring effectiveness of the collection, management and treatment of the leachate; and 4. Discharge points of effluent _ b. Final cover system, including proposed soil and/or geomembrane specifications if applicable. C. Facility construction quality assurance and quality control program; d. Personnel requirements including number of full- and part-time employees,which personnel positions and in what numbers are considered minimally necessary for facility operation, and the training and supervision of employees. In addition, identify whether the proposed facility intends on utilizing any contract or temporary employees and,if so,the positions those employees would fill,the training requirements and supervision of such employees, and whether such employees would be considered minimally necessary for the facility operation. 13. The Application Fee for a request for siting approval is required and shall be administered as follows: a. The Applicant shall deposit the sum of$100,000.00 in the form of a certified or cashier's check,to cover the costs associated with the siting process,including(but not limited to) court reporter costs, transcript costs, City legal and consultant costs, and other expenses incurred by the City in conducting the review of the request for siting approval,the subsequent public hearing and the siting approval decision; provided,however,that any portion of the application fee that remains unexpended at the conclusion of the siting approval decision shall be returned to the applicant. An accounting of expenses attributed to the hearing process shall be provided monthly. b. In the event that, at any time prior to the conclusion of the siting approval process, the City has expended such sums as to reduce the balance of the application fee to a figure less than $25,000.00,the Applicant will be notified in writing. The Applicant would then have 14 days to deposit with the City Clerk an additional$50,000.00 in the form of a certified or cashier's check,unless the City Administrator determines, in his/her sole discretion, that additional funds in excess of$50,000.00 are necessary -7- based upon the status of the siting process, in which case the Applicant shall deposit that amount. In no event shall any demand for additional fees exceed $100,000.00 per each additional funding request. Any portion of the fees, including any additional fees,that remain unexpended at the conclusion of the siting approval decision shall be returned to the Applicant. 14. A table of contents shall be provided that readily identifies all sections and subparts of the application,including all accompanying appendices, exhibits,tables, and illustrations. The pages, appendices, exhibits,tables, and illustrations shall be denoted in logical sequence. le 15. The Applicant shall also provide a copy of the entire Application in electronic ".pdf`'format on CD-ROM such that the Application may be uploaded to the City website and that read-only copies of the Application may be provided on CD-ROM format to members of the public that request same. D. An Application may not be filed that is substantially the same as an application that was disapproved within the preceding two years pursuant to a finding under any of the criteria of subsection 9B of this Ordinance. E. Although date stamped at the time of delivery,the Application shall be subject to further review to assure compliance with the requirements of this Ordinance concerning the content of the Application. Accordingly, every Application may be rejected within the first 21 days following its delivery if it is determined by the office of the City Administrator that the Application has omitted any of the materials required by this Section of the Ordinance. This review is for purposes of completeness only and not an evaluation of the information under the criteria of the Act. The City Administrator shall, therefore, deliver to the Applicant within 21 days of the date of delivery a statement advising the Applicant of one of the following: 1. The content of the Application is complete and therefore the delivery date stamped upon the Application shall constitute the Date of Filing; or 2. The Application is incomplete in the following specific ways and therefore the Application has not been accepted for filing. The City Administrator shall specify the deficiencies in the Application. Following confirmation of the completeness of the Application,the City Clerk shall cause the publication of a black border notice stating that said Application and supporting evidence have been filed and are available in the City Clerk's office for public inspection. The City Clerk shall cause such notice to be published no later than 30 days from the Date of Filing. F. In order to give members of the public an opportunity to make informed written comment and to give members of the public and the City an opportunity to prepare adequately and fairly for the public hearing hereinafter described,the Applicant must -8- fully comply with all requirements of this Section of the Ordinance and failure to submit the required information as of the Date of Filing shall, absent good cause shown in the judgment of the Hearing Officer,render such information inadmissible at the public hearing. G. At any time prior to the completion by the Applicant of the presentation of the Applicant's factual evidence and opportunity for cross-examination by the City Council and any participants, the Applicant may file not more than one amended application containing substantive amendments or revisions upon payment of additional fees in the sum of$25,000.00--unless the City Administrator determines,in his/her sole discretion, that funds in excess of the $25,000.00 are required due to the nature of the changes of the amended application, in which case that greater amount shall be the sum due. Upon the filing of an Amended Application,the time limitations for final action by the City Council shall be extended for an additional period of 90 days. H. Other amendments may be made if, in the opinion of the Hearing Officer, any such proposed amendment is nonsubstantiive and the Hearing Officer otherwise allows such amendments. Section 4. REVIEW OF APPLICATION A. The City Administrator,together with the assistance of Special Counsel to the City, shall be responsible for coordinating the review of the Application by the City Staff and its consultants and to render such reports, advice or recommendations to the Mayor and City Council as the City Administrator shall deem prudent to assisting the Mayor and City Council in making their decision. The City Administrator is authorized to call meetings and set deadlines for the submittal of reports and recommendations in preparation for submission through the public hearing process. The City Administrator, Special Counsel, the City Staff and the City's consultants shall not discuss the Application or the review thereof with,nor submit reports or recommendations to, the Mayor,City Council or the City Attorney except in accordance with the public hearing process set forth below. B. Should the City Administrator desire to enter any reports, testimony or other evidence into the record of the public hearing, such shall be entered in accordance with the procedures set forth in this Ordinance and such shall also be available for copying by the public upon the payment of the actual costs of reproduction. Section 5. PARTICIPATION AND INFORMATION FROM OTHER PARTIES. (a) The Applicant is a Participant. (b) The City is a Participant. For purposes of the Act, the City and its employees and staff, and any experts, consultants, investigators or attorneys hired by the City to review, investigate,present at hearing, or otherwise work for the City concerning the Petition, all -9- constitute one Participant. To the extent the City employees and staff wish to participate in the public hearings outside their roles or employment with the City,they must submit a Notice of Participation, as do other members of the public. (c) Any person other than described in(a) and(b), above,must file a written"Notice of Participation"on a form supplied by the City Clerk notifying the City Clerk and counsel for the Applicant of that person's or entity's intent to participate. 1. Every Notice of Participation must be filed with the City Clerk before the adjournment of the first day of public hearing. In the case of counsel of record for any Participant, said counsel shall, on or before the 80th day from the Date of Filing, serve a letter upon the City Clerk and upon counsel for the Applicant entering his or her appearance for the Participant. 2. Every Notice of Participation shall provide the following information: the name, address daytime phone number and, if available, facsimile number of the Participant or counsel; whether the Participant will be participating on his/her own behalf or as a representative/spokesperson of another person or entity(and if on behalf of another person or entity, identify the name of that person or entity); whether the person(or the entity or association he/she represents) will be represented by an attorney during the public hearings: and whether the person intends on providing oral testimony or comment during the public hearing. All members of the public who desire to present sworn testimony,unsworn comment, or submit written questions to the Hearing Officer must file a Notice of Participation. 3. No person may become a Participant after the first day of the hearing except for good cause shown. The Hearing Officer shall liberally interpret this limitation if the additional participation shall not delay the process or unfairly prejudice a prior Participant. No late Participant shall be entitled to re-call a witness who has previously testified. (d) Participant rights. Participants have the right to present sworn testimony and witnesses. Participants represented by counsel have the right to cross-examine or question witnesses who provide sworn testimony. Participants who are not represented by counsel may provide witnesses, evidence and sworn testimony subject to cross- examination by others; provide unsworn testimony or comment during the public hearing (subject to the Hearing Officer's judgment and consistent with fundamental fairness); or, as is the case for members of the public generally, submit written questions to the Hearing Officer who, in his/her sole discretion, shall decide whether such questions shall be posed and the manner of posing such questions. Participants who are not represented by counsel shall not cross-examine witnesses directly. (e) Any attorneys acting as counsel and representing a Participant must be licensed and in good standing to practice law in the State of Illinois, or if licensed and in good standing to practice law in another State which is part of the United States, shall be -10- i allowed to serve as a counsel for a Participant upon motion made to and granted by the Hearing Officer. (f) All witnesses (other than those called purely for purposes of rebuttal) and the subject matter on which they will testify shall be disclosed, and all reports, studies, exhibits or other evidence, or copies thereof, that any person, other than the Applicant, desires to submit as evidence for the record at the public hearing must be filed with the City Clerk and with counsel for the Applicant no later than 80 days after the Date of Filing of the Application. In the event that the 80`h day after the Date of Filing falls on a Saturday, Sunday or legal holiday, the next business day shall be considered the date by which all such information must be filed. Copies of all such information shall also be available for copying by the public upon the payment of the actual costs of reproduction. Evidence or witnesses not so disclosed by the required date shall be admissible at the hearing only where the Hearing Officer shall find that the admission of such evidence is necessary to provide fundamental fairness to the parties. Section 6.PUBLIC HEARING A. The Public Hearing shall be held no sooner than 90 days from the Date of Filing and shall not commence any later than 120 days from the Date of Filing. The Public Hearing shall be at such times and places as is convenient for the public generally but convenience of the public shall be subservient to the requirement that the City render a decision prior to the 180`h day from the Date of Filing, and accounting for the 30 day period for written comment following the close of the public hearing, and accounting for sufficient time for the corporate authorities to deliberate and render a decision. The City Administrator shall determine and publish the date(s), time(s) and location(s) for the Public Hearing as soon as is practical but in no event later 30 days after the Date of Filing. B. Once determined by the City Administrator,the City Administrator shall notify the Applicant of the date, time and location of the Public Hearing and shall request that the Applicant cause notice of the Public Hearing to be made as follows: 1. Publish 2 legal notices in a newspaper of general circulation published in Kendall County. The first such notice shall be published no sooner than 50 days from the Date of Filing and no later than 60 days from the Date of Filing; the second such notice shall be published no sooner than 65 days from the Date of Filing nor later than 75 days from the Date of Filing. Said notices shall consist of the following: A. The name and address of the Applicant; B. The owners of the site and,if ownership is in a land trust, the names of the Beneficiaries of said trust; C. The legal description of the site: D. The street address of the Property and, if there is no street address for the -11- Property, a description of the site with reference to location, ownership or occupancy or in some other manner that will reasonably identify the property to the residents of the neighborhood; E. The nature and size of the proposed development; F. The nature of the activity proposed; G. The probable life of the proposed activity; H. The Date of Filing and the time and date of the public hearing; I. The location of the public hearing; J. A copy of this Ordinance and a statement that witness lists and copies of reports and other evidence are to be filed with the City Clerk and counsel for the Applicant no later than the 80a'day from the Date of Filing. 2. Certified mail to all members of the Illinois General Assembly from the district in which the proposed site is located. 3. Certified mail to the Illinois Environmental Protection Agency. 4. Certified mail to the County of Kendall and all municipalities or townships within 1 and'/Z miles of the proposed facility. 5. Public hearing notice in a newspaper of general circulation published as a display at least once during the week preceding the public hearing. Such notice shall consist of all items described in subsection B1 above except for items lc and lj. C. Hearing Procedures: 1. The Mayor shall appoint a Hearing Officer to preside over the public hearing and the Hearing Officer shall make any decisions concerning the admission of evidence and the manner in which the hearing is conducted, subject to this Ordinance. The Hearing Officer shall make all decisions and rulings in accordance with fundamental fairness. The Hearing Officer may exclude irrelevant, immaterial, incompetent or unduly repetitions testimony or other evidence. Rulings of the Hearing Officer shall be appealable to the City Council but may be reversed only upon a vote of 3/4ths of the corporate authorities present. All testimony and all public meetings concerning the Petition shall be in the presence of a certified court reporter who shall report all proceedings regarding consideration of the Petition. The Hearing Officer shall have the following powers or duties: a. Administer oaths and affirmations; b. Conduct a public meeting,prior to the start of the public hearings, to explain the public hearing procedure and site location review process. C. Arrange for the presence of a certified court reporter to attend and transcribe the conduct of all public hearings for the public record. -12- i d. Regulate the course of the hearing,including,but not limited to, controlling the order of proceedings, consistent with this Ordinance, and to grant recesses for good cause shown. For example, good cause may be found when issues, facts, data or other pieces of evidence arise in the course of the hearing that were not reasonably foreseeable to the parry requesting the recess. No recess may extend past 5 days except due to the availability of a suitable forum for the hearing. e. Require a witness or person presenting unworn public comment to state his/her position either for, against, or undecided with respect to the proposed facility. f. Examine a witness and direct a witness to testify. g. Establish reasonable limits on the duration of public hearing consistent with the Act and this Ordinance,including but not limited to the reasonable limitation of sworn testimony,unworn oral comment, direct and cross- examination of any witnesses, and the limitation of repetitive or cumulative testimony and questioning. h. Rule upon objections and evidentiary questions, with the understanding that such rulings must be consistent with fundamental fairness, but need not be in strict compliance with the Illinois Supreme Court, Illinois Code of Civil Procedure, or any local rules of evidence governing a civil judicial trial in the State of Illinois. i. Allow the introduction of late-filed evidence,be it written or testimonial, on behalf of any Participant,provided good cause is shown for the late-filing,the evidence is offered in and is relevant to the rebuttal portion of the Applicant's or Participant's case, and evidence was filed with the City Clerk at least one day before the public hearing at which it is offered, and fundamental fairness to all parties will be preserved. j. The Hearing Officer shall be an attorney, licensed to practice in Illinois. The Hearing Officer shall confer with the City Council concerning the Petition, between the Date of Filing of the Petition and the Council's decision on the Petition. Given the Hearing Officer's role of communicating with the City Council, the Hearing Officer may not confer with the Participants(members of the public,Applicant and City included) concerning the Petition,unless such conference takes place during the public hearing, is through correspondence which is filed with the City Clerk(and, thus, available for everyone to view), or concern location,time or other similar scheduling aspects of the public meeting or public hearing, or the notices for same. The only additional exception from this restriction is that the Hearing Officer may confer with the City Clerk about the upkeep or status of the public record,make a request to review or copy the public record, or confer with the City Clerk regarding the scheduling or location -13- of the public meeting or hearing, or arrangements for the notices of the pubic meeting and hearing. k. At the conclusion of the public hearing and after consideration of all timely-filed written comments,the Hearing Officer shall submit draft written findings (of law or fact)to the City Council and file a copy of such findings with the City Clerk. 1. The Hearing Officer does not have the right or the power to vote, as a City Council Member votes, on the Petition. 2. Conduct of the public hearing shall be substantially as follows: a. Call to order with determination of a quorum; b. Introduction of the City Council Members who are present; C. Introduction of the Hearing Officer; I d. Recognition of the Applicant and identification of the Petition; e. Recognition of fees, notices, and date of filing of the Petition; f. Recognition of the City staff and attorney present; g. Recognition of all other Participants who have filed the Notice of Participation; h. Recognition of all reports, exhibits,maps or documents of record as filed pursuant to subsection(e), above; L Applicant,Participants represented by Counsel, and Special Counsel for the City may then make an opening statement. j. The City Council shall then hear testimony from the Applicant and/or any witnesses the Applicant may wish to call. Upon the close of the Applicant's testimony,Participants represented by counsel may present sworn testimony, including any witnesses and evidence they wish to present. Upon the close of all such testimony, the City may present sworn testimony, including witnesses and evidence it may wish to present. The Hearing Officer, in the exercise of his or her discretion,may then permit rebuttal testimony and sur- rebuttal testimony. k. All witnesses shall testify under oath and be subject to reasonable questioning as follows: direct examination by counsel; cross-examination by counsel for other Participants or the City,the City Council and/or the Hearing -14- Officer(including the use of written questions submitted by members of the Public to the Hearing Officer); redirect examination;re-cross examination. 1. Following the testimony outlined in subparagraph 0) above, any Participant not represented by counsel that wishes to provide sworn testimony subject to cross-examination by others may proceed. m. Following the testimony, if any, outlined in subparagraph(1) above, any Participant that has not otherwise presented testimony may provide unsworn testimony or comment, subject to the Hearing Officer's judgment and consistent with fundamental fairness. n. Closing statements, if any,by counsel for the Applicant,Participants represented by counsel, and counsel for the City. o. Rebuttal statement, if any,by the applicant, subject to limitations as imposed by the Hearing Officer. P. Hearing declared closed. 3. Public comment: written and oral: a. Any person has the right to file written comment concerning the appropriateness of the proposed facility, or its compliance with the requirements of Section 39.2 of the Act, with the City Clerk, at any time after the filing of a Petition and within the time limitation provided in subsection(d),below. b. The City Clerk, on behalf of the City Council, shall receive written comment from any person concerning the appropriateness of the proposed site. Upon receipt of any such written comment the City Clerk shall date stamp same, shall serve copies of the same on counsel for the Applicant and counsel for the City; and shall file written comment and the postmarked envelope in which comment is received. C. Copies of such written comments shall be made available for public inspection in the offices of the City Clerk, and members of the public shall be allowed to obtain a copy of any written comment upon payment of actual cost of reproduction. d. Any written comment received by the City Clerk or postmarked not later than thirty(30) days after the date of the last public hearing shall be made part of the record at the public hearing as hereinafter described and the City Council shall consider any such timely written comments in making its final determination concerning said Petition. In the event that the thirtieth day falls on a Sunday or a Federal holiday, the next day on which mail is delivered shall be considered the thirtieth day for purposes of this subsection. -15- e. Any person has the right to provide oral,unworn comment during the course of the public hearing,upon reasonable notice to the Hearing Officer that the person desires to provide such comment. This type of comment, since it is not provided under oath,is not subject to cross-examination. 4. Ex-Parte Communication Prohibited: in recognition of the quasi-judicial role of the Mayor and each Member of the City Council, and the City Attorney, ex-parte communication with persons other than the Mayor, Council Members or the City Attorney concerning the Application are prohibited between the Date of Filing and the date of the final decision of the City Council (or the 180a'day after the Date of Filing). Although the Mayor and Members of the City Council are encouraged not to attend meetings at which the Mayor or Member knows the Application may be discussed, it is inevitable that due to their regular legislative duties over the course of time during the consideration of the Application they may be in attendance at such meetings(e.g. attendance at a municipality's council of governments meeting, attendance at a local chamber of commerce meeting). As such,the Mayor or Member is required to obtain and file a transcript of any meeting,where such meeting has been transcribed or recorded, or otherwise disclose such meeting in the public records (such as disclosing it on the record during the transcribed public hearings or during the written comment period provided for in this Article). The transcript shall not,however,be utilized by the City in reaching its decision. Section 7. RECORDS KEPT A. The City Clerk shall be responsible for keeping the records of said hearing. The records shall consist of the following: 1. The Application and all amendments thereto; 2. Proofs of the required notices; 3. Notices of Participation; I 4. Written comments filed by the public(either received by the City Clerk's office or postmarked between the Date of Filing and 30 after the close of the hearing); 5. All reports, studies, exhibits, documents or statements received in evidence at the public hearing; 6. The transcript of the public hearing; 7. Any motion filed during the public hearing; -16- 8. All transcripts, when available, or disclosures of meetings, other than the public hearings held pursuant to this Article, at which the Mayor or a City Council Member was in attendance and the Application was discussed. 9. The Hearing Officer's proposed findings of fact and recommendations to the City Council (including any conditions of approval). 10. The resolution containing the final decision of the City Council. B. The City Clerk shall be responsible for certifying all copies of the record of the public hearing. Section 8. SITING APPROVAL DECISION A. On or before the 180`h day following the Date of Filing, or on or before the 2701h day following the Date of Filing if the Applicant filed an amendment to the Application in compliance with the timing requirements of the Act, the City Council shall,by written resolution,upon the vote of a majority of its members, decide whether to: 1. Grant the Petition, without any conditions; or 2. Grant the Petition, but with conditions on such approval,provided such conditions are reasonable and necessary to accomplish the purposes of Section 39.2 of the Act and are not inconsistent with the regulations promulgated by the Illinois Pollution Control Board; or 3. Deny the Petition. B. In making its recommendation on the request for siting approval, the City Council shall base its decision on the following criteria: 1. The facility is necessary to accommodate the waste needs of the area it is intended to serve; 2. The facility is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; 3. The facility is located so as to minimize incompatibility with the character of the surrounding area and to minimize the effect on the value of the surrounding property; 4. The facility is located outside the boundary of the 100-year flood plain; 5. The plan of operations for the facility is designed to minimize the danger to the surrounding area from fire, spills or other operational accidents; -17- 6. The traffic patterns to or from the facility are so designed as to minimize the impact on existing traffic flows; 7. If the facility will be treating, storing or disposing of hazardous waste, an emergency response plan exists for the facility which includes notification, containment and evacuation procedures to be used in case of an accidental release; 8. If the facility will be located within a regulated recharge area, any and all applicable requirements specified by the Illinois Pollution Control Board for such area have been met; and 9. If a solid waste management plan was previously adopted for Kendall County prior to the filing of the petition,the facility is consistent with that plan. C. The City Council shall consider as evidence the previous operating experience and past record of violations and penalties of the Applicant or proposed Operator(and any subsidiary,parent corporation, subsidiary of the parent corporation, or manager or member of the Company) in the field of solid waste management when considering criteria 2 and 5 of the Act and subsection B above. D. No determination by the City Council of a siting approval request may be reconsidered. E. A local siting approval granted under this Chapter shall expire at the end of 2 calendar years from the date upon which it was granted,unless the local siting approval granted under this Chapter is for a sanitary landfill operation, in which case the approval shall expire at the end of three(3) calendar years from the date upon which it was granted, and unless within that period the applicant has made application to the Illinois Environmental Protection Agency for a permit to develop the site. In the event that the local siting decision has been appealed, such expiration period shall be deemed to begin on the date upon which the appeal process is concluded. F. Siting approval obtained pursuant to this Chapter is transferable and may be transferred to a subsequent owner or operator with the written approval of the City Council. In the event that siting approval has been transferred to a subsequent owner or operator,that subsequent owner or operator assumes and takes subject to any and all conditions imposed upon the prior owner or operator by the City Council pursuant to this Section as well as any modifications to these conditions as documented in connection with the City Council's written approval of the transfer of the siting approval. Further, in the event that siting approval obtained pursuant to this Chapter has been transferred to a subsequent owner or operator, that subsequent owner or operator assumes all rights and obligations and takes the facility subject to any and all terms and conditions of any existing host agreement between the prior owner or operator and the City. Section 9. ADMINISTRATION OF FEES AND COSTS -18- i A. Upon termination of any proceedings under this Chapter, a final accounting and summary of all authorized expenditures and reimbursements shall be presented to the City Council. B. Any portion of an application fee not required for reimbursement to the City for costs and expenses incurred by the City under this Chapter shall be returned to the applicant. Should there be costs and/or expenses in excess of the amount paid by the applicant in the application fee,the applicant shall bear any and all additional costs. C. in order to properly administer the application fee received with respect to this Chapter, the Finance Director is hereby authorized and directed to receive and hold such application fees for administration subject to the review and approval of the City Council. D. in order to expedite payment of all bills incurred as a result of administering this Chapter, all bills and questions concerning billing should be directed to the Finance Director. ill -19- 1 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) I RESOLUTION NO. 2006- RESOLUTION APPROVING HOST CITY AGREEMENT WHEREAS, the City Council of the United City of Yorkville has considered approval of a Host City agreement; and WHEREAS, a copy of said agreement is attached hereto and incorporated herein as Exhibit"A"; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the Agreement in the form set forth in Exhibit"A" is hereby approved, and the Mayor and City Clerk are authorized to execute said Agreement on behalf of the United City of Yorkville. 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 HOST CITY AGREEMENT This HOST CITY AGREEMENT ("Agreement") is made effective this day of , 2006 ("Effective Date") by and between Fox Moraine, LLC, an Illinois Limited Liability Corporation, and the United City of Yorkville,Illinois (the "City"); WITNESSETH: WHEREAS, Fox Moraine, LLC owns parcels of land totaling approximately 453 acres as described and shown on Attachment A"Property"; and WHEREAS, the parties to this Agreement understand the need for and desirability of locating a landfill in the United City of Yorkville to manage the Solid Waste generated in the City, Kendall County and the region; and WHEREAS, Fox Moraine, LLC subsequently intends to file an application ("Siting Application") with the City for siting of the Fox Moraine Landfill (the "Landfill") as a long-term regional solid waste management solution; and WHEREAS, the City agrees to consider any request by Fox Moraine, LLC for the establishment and development of a landfill under the local siting process pursuant to 415 ILLS 5/39.2; and WHEREAS, in accordance with the solid waste planning requirements of the State of Illinois, the City desires to secure, and Fox Moraine, LLC is willing to develop disposal capacity within the jurisdiction of the City for Solid Waste generated by residents, commercial establishments, institutions and industries located within the United City of Yorkville, Kendall County and the region; and WHEREAS, Fox Moraine, LLC is desirous of earning the goodwill of the citizens of the City by demonstrating its good faith in educating the community as to the nature of its proposed operations in the City and in demonstrating that its operations will be conducted in an environmentally sound manner, and a manner that will protect the public health, safety and welfare; and WHEREAS, the City and Fox Moraine, LLC are desirous of protecting the health, safety and welfare of City's citizens, and insuring that factually and technically accurate information is given to the public, and the City is desirous of receiving a host benefit fee to help meet the costs of government, including, but not limited to those costs associated with traffic control and roadway maintenance; and WHEREAS, the parties hereto have determined that the terms provided for in this Agreement are in their respective best interests; and NOW THEREFORE, in consideration of the covenants set forth in this Agreement, the parties hereto, intending to be legally bound, hereby agree as follows: 1 1. INCORPORATION OF RECITALS The above recitals are incorporated as part of this Agreement as though fully set for herein. 2. LANDS COVERED This Agreement covers the Property as described and shown in Attachment A. 3. DEFINITIONS "Act"is the Illinois Environmental Protection Act, including any future amendments. "Agency" refers to the Illinois Environmental Protection Agency (IEPA). "Agreement''means this Host City Agreement. "Anniversary Date" means the date that Solid Waste is first received at the Landfill for final disposal. "Application" refers to the submittal for local siting approval for a pollution control facility. "City"refers to United City of Yorkville, an Illinois Municipal Corporation. "City's Solid Waste" refers to Solid Waste generated for disposal within the corporate boundaries of the United City of Yorkville. "Company"refers to Fox Moraine,LLC. "Daily Waste Volume" means the actual Solid Waste accepted for final disposal at the Landfill in a given operating day. "Effective Date" means the date that Fox Moraine, LLC receives non-appealable site location approval from the City for the Landfill. . "Expiration Date"means the date that the Landfill ceases to operate. "Facility"means the Landfill as defined herein. "Hazardous Waste"means hazardous waste as defined in Section 3.220 of the Act. "Host Benefit Fee" means the per ton fee payable to the City, commencing on the Anniversary Date, as more fully set forth in Section 9 herein. "Host Benefit Fee Adjustment" means the adjustment of the Host Benefit Fee, as set forth in Section 10. 2 "Landfill" refers to the proposed Fox Moraine Landfill as defined by Section 3.285 of the Act, including the Property on which the landfill is located, which includes the property as described and shown in Attachment A. "Landscape Waste"means landscape waste as defined in Section 3.270 of the Act. "Property"means the site described and shown in Attachment A. "Solid Waste" means municipal waste as defined in Section 3.290 of the Act, non- hazardous industrial waste, and non-hazardous special waste. 4. EFFECTIVE DATE This Agreement shall be deemed incorporated into any application for site location approval for the Landfill filed with the City. This Agreement shall become effective, if and only if the City grants site location approval for the proposed Landfill, in which event the terms of this Agreement shall become a condition upon the granting of site location approval, and shall become a contract binding upon both the City and Fox Moraine, LLC. This Agreement shall be effective as of the date on which the proposed Landfill receives non-appealable local siting approval from the City ("Effective Date"), provided, however, the City has not, by entering into this Agreement, predetermined whether it will grant or deny local siting approval or whether Fox Moraine, LLC can (or cannot) establish any of the criteria related to local siting approval, and the City retains all of its authority to grant, deny or grant with conditions local siting approval in accordance with Section 39.2 of the Illinois Environmental Protection Act, 415 ILCS 511 et seq. (the"Act"). 5. TERM OF AGREEMENT This Agreement commences on the Effective Date and shall remain in force and effect until the Landfill ceases to operate ("Expiration Date"). 6. AUTHORIZED WASTE The Landfill shall receive only waste that is acceptable pursuant to permits issued by the Illinois Environmental Protection Agency for the Facility, which is anticipated to be Solid Waste. The Landfill shall not knowingly receive any "Hazardous Waste" as that term is defined by this Agreement. If any waste (other than Solid Waste) is received at the Facility, it shall be promptly removed from the waste stream, segregated and secured, and transferred to an appropriate facility for treatment and/or disposal within an appropriate timeframe, and, in any event, as soon as practicable under the circumstances. 7. BAN ON HAZARDOUS WASTE Fox Moraine, LLC shall not knowingly accept, treat, or dispose of any waste which is defined as "hazardous" by the Act or the regulations adopted thereunder ("Hazardous Waste") at the Property. Fox Moraine, LLC shall comply with all regulations of the Illinois Pollution Control Board ("IPCB") relative to load checking, and shall immediately inform the City orally and in writing of any Hazardous Waste that has been received at or transported to or from the Property. In the event that Hazardous Waste is unknowingly received at the landfill, Fox Moraine, LLC 3 I agrees to segregate, secure, remove and arrange for proper offsite transport and disposal of such materials as soon as practicable under the circumstances. 8. DISPOSAL GUARANTEE For at least 20 years after the Anniversary Date, or for the life of the Landfill (if a longer period of time), Fox Moraine, LLC shall allow the City access to disposal capacity at the Landfill for all of the Solid Waste which is generated within the City's boundaries and which is not defined as Hazardous Waste,provided, however,that Fox Moraine,LLC is permitted to receive said Solid Waste. Fox Moraine; LLC's obligation to allow the City access Solid Waste to disposal capacity shall extend only to Solid Waste which is generated within the City. At all times during which the Landfill is in operation, Fox Moraine, LLC shall provide first priority to the disposal of the City's Solid Waste. Commencing with the start of operations of the Landfill, and until the Expiration Date of this Agreement, Fox Moraine, LLC shall provide the City with an annual estimate of remaining disposal capacity at the Landfill. Not less than sixty (60) days prior to January 1 of each calendar year, the City shall provide Fox Moraine, LLC with a written estimate for the amount of non-hazardous Solid Waste it expects to be generated within the City and require disposal for that coming calendar year. The estimate shall include a description of assumptions utilized and show calculations supporting that estimate. Fox Moraine, LLC shall reserve sufficient capacity to dispose of the quantity of non- hazardous Solid Waste estimated by the City, to be generated in that coming calendar year, provided that the estimated amount does not exceed the permitted capacity of the Landfill. The reservation of landfill capacity for the City's Solid Waste shall not be cumulative, and should the estimated capacity not be utilized by the City during any calendar year, that capacity may be utilized for Solid Waste other than City Solid Waste. 9. HOST BENEFIT FEE AND ADDITIONAL COMPENSATION a. Commencing on the Anniversary Date, Fox Moraine, LLC shall pay the City a per ton Host Benefit Fee calculated as follows: TABLE 1 HOST BENEFIT FEE SCHEDULE Daily Waste Volume Host Benefit Fee Per Section 22.15(j)Fee Total Fees Per Ton Ton Per Ton 0—2,000 tpd $2.50 $1.27 $3.77 2,001 —3,000 tpd $3.00 $1.27 $4.27 > 3,000 tpd $3.25 $1.27 $4.52 4 The Host Benefit Fee shall be payable to the City on a quarterly basis (the 1 st quarter being January-March, the 2nd quarter being April-June, the 3rd quarter being July-September, and the 4th quarter being October-December), on or before the 30th day following the end of the quarter for which payment is due. The Host Benefit Fee may be used by the City for such benefits, services and facilities as are customarily and legally permitted to be funded from the City's general fund. The Host Benefit Fee shall be reduced by the amount of any other fees and/or surcharges assessed by the City, other than general real estate taxes and fees assessed pursuant to Section 22.150) of the Act. The Host Benefit Fee shall be applied to each ton of Solid Waste accepted at the Landfill for final disposal and shall be the actual Daily Waste Volume multiplied by the corresponding fee on the schedule in Table 1 for the Daily Waste Volume on that day. For purposes of determining Daily Waste Volume, all trucks and trailers arriving at the Landfill prior to closing shall be weighed on the scale and included in that day's volume; however, the trailers may be parked and dumped the following work day. Every trailer must be dumped within 18 hours of its arrival. The Host Benefit Fee shall not be applied to any Recyclables, Landscape Waste or other materials accepted at and/or removed from the Solid Waste at the Landfill, and not finally disposed of at the Landfill nor shall it be applied to any Solid Waste generated by or within the City's boundaries for which no charge is made by Fox Moraine. The Host Benefit Fee provided for herein shall be in addition to any fee collected by the City pursuant to Section 22.150) of the Act (currently $1.27). If the City takes action to rescind its ordinance to assess the fee provided by Section 22.150) of the Act, Fox Moraine, LLC agrees to add the amount of the fee assessed under Section 22.150) to the per ton Host Benefit fees listed in Table 1. The City and Fox Moraine, LLC agree to allocate all or a portion of the Section 22.150) fee to other entities as deemed appropriate solely by the City. b. The parties agree that upon expiration of the City's present Municipal Solid Waste Collection and Recycling Contract ("Collection Contract"), dated May 1, 2002, Fox Moraine, LLC shall have the option of entering into one or more Collection Contracts with the City during the term of this Agreement upon terms and conditions mutually agreeable to the parties ("Future Collection Contracts"). Fox Moraine, LLC shall have the right to assign any Future Collection Contracts with the consent of the City, which consent shall not be reasonably withheld. The rates to be charged for services to be rendered under such Future Collection Contracts shall be equivalent to or better than those generally available for similar services provided to other communities located or principally located within Kendall County. In no event shall the rates charged for the services in the Future Collection Contracts exceed the rates charged in the present Collection Contract, adjusted from year to year by the percentage of increase during the previous year in the Consumer Price Index (CPI-U) for Chicago—Kenosha—Gary - All Items (the Index) published by the United States Department of Labor Statistics and other applicable fees, taxes and surcharges. If the Index shall cease to be published,the parties shall designate a comparable index which will then be used for determining the annual rate of adjustment for collection rates in each year of Future Collection Contracts. During the term of this Agreement, including any extensions thereof, and provided that Solid Waste is being collected by Fox Moraine, LLC or its assignee pursuant to the Future 5 Collection Contracts, and is being delivered to the Landfill for disposal, Fox Moraine, LLC shall pay to the City an additional host benefit fee ("Supplemental Host Benefit Fee") equal to fifteen cents ($0.15) for each ton of the City's Solid Waste collected by the Company or its assignee pursuant to Future Collection Contracts and received at the Landfill for disposal. The Supplemental Host Benefit Fee shall not escalate. The Supplemental Host Benefit Fee shall be payable to the City on a quarterly basis, as described in Section 9(a), by the 30th day of the month following the end of each calendar quarter. c. As further consideration for this Agreement, Fox Moraine, LLC agrees to cause the donation of 16 acres of land suitable for a City Public Works and/or Parks Department facility. The location shall be agreed upon by Fox Moraine, LLC and the City based upon a compact site, with frontage on Walker Road, generally described as `north of Walker Road and east of the proposed Prairie Parkway'. d. Fox Moraine, LLC will offer use of its facility as the host for those residential recycling, reclamation, and/or reuse activities (as defined by Section 3.380 of the Act) which may from time to time be planned and conducted by the City. Such activities will be conducted in a frequency and manner that is reasonably acceptable to the City and Fox Moraine,LLC. 10. HOST BENEFIT FEE ADJUSTMENT The Host Benefit Fee shall be adjusted on an annual basis from the Anniversary Date by the percentage change, either an increase or decrease, during the previous calendar year in the Consumer Price Index (CPI-U) for Chicago—Kenosha—Gary - All Items published by the United States Department of Labor Statistics. If the Index shall cease to be published, the parties shall designate a comparable index which will then be used for determining the annual rate of adjustment for the If the Index shall cease to be published, the parties shall designate a comparable index which will then be used for determining the annual rate of adjustment for the Host Benefit Fee. The percentage increase or decrease shall be the increase or decrease in the CPI-U, or five percent (5%), whichever is less. The City agrees that it will neither levy nor collect, or attempt to levy or collect, any additional fees, assessments or taxes other than those specifically provided for herein, or increase or attempt to increase the amount of fees, assessments or taxes impacting the City, other than as specifically provided for herein. 11. RECORDS a. Fox Moraine, LLC shall maintain daily records of the amounts and types of waste received at the Landfill, the source of the waste, the entity bringing such Waste, and the source and hauler of any waste brought to the Landfill but rejected from the Landfill. Such records shall be maintained at the Landfill for a period of at least two (2) years from the date of their origination. Such records shall include disposal tickets or logs showing the amount in tons of Solid Waste initially received at the Facility, as well as that amount of Solid Waste ultimately disposed of in the Landfill. In addition, records shall be kept and shall be provided to the City upon written request regarding: (i)the hours of operation of the Facility, and(ii)the amount of the 6 Host Benefit Fee payable on each ton of Solid Waste disposed of a the Landfill in each calendar quarter, and the total Host Benefit Fee payable during each calendar quarter. b. The City shall have the right to audit the records of the Facility, related to the payment of the Host Benefit Fee, upon five (5) business days notice. At the City's discretion, and under strict confidentiality, the records audit may be performed by an accountant or other qualified consultant selected by the City upon five (5)business days notice to the Company. C. Fox Moraine, LLC covenants and agrees to fully cooperate with the City or its designee during any audit and/or inspection, to respond timely and fully to any questions or request, and to make pertinent Company employees and/or representatives available for interviews. d. Where such audit determines that Fox Moraine, LLC has underpaid the Host Benefit Fee Fox Moraine, LLC shall pay the reasonable costs of the audit, if it has underpaid Host Benefit Fees by I% or more. e. The City shall have the right to contest the accuracy and/or sufficiency of Host Benefit Fees paid in any quarter by Fox Moraine, LLC to the City, provided, however, that the City must contest and dispute the validity of any such payment within two (2) years of receipt of a payment statement for such amount from the Company. f Any additional Host Benefit Fee amounts determined to be due and owing from the Company to the City shall bear interest at the non-compounded rate of one and one half percent(1 'h%) per month until paid in full. g. Upon twenty-four (24) hours advance business day notice, the City, its authorized agents and representatives shall be permitted to inspect such records maintained by Fox Moraine, LLC. The City shall also be permitted to inspect any and all records maintained by Fox Moraine, LLC concerning compliance with any and all applicable federal, state and local laws, statutes, regulations,rules and/or ordinances relating to the operation of the Facility. Fox Moraine, LLC shall provide the City, free of charge, copies of all of the following documents in any manner connected with the Landfill, within a reasonable period and upon written request of the City: A. Those submitted by Fox Moraine, LLC or its agents or consultants to any state or federal environmental regulatory agency. B. Correspondence with any state or federal environmental regulatory agency. C. Those filed with or received from any state or federal regulatory agency relevant to charges, complaints or citations or environmental violations made by any governmental authority. D. Those deemed reasonably adequate and sufficient by the City pertaining to the amount of non-hazardous Solid Waste received. 7 E. Reports on compliance with State post-closure fund requirements. 12. PROPERTY VALUE GUARANTEE Fox Moraine, LLC agrees to provide a property value protection plan to owners of residential properties with lot lines located within one thousand (1,000) feet of the lot lines of the Property, said program to be described as the "Residential Property Value Protection Plan" set forth in Attachment B and hereby incorporated by reference herein. 13. GROUNDWATER PROTECTION Fox Moraine, LLC agrees to provide a groundwater protection plan to owners of residences located within one thousand (1,000) feet of the Property, said program to be described as the "Groundwater Protection Plan" set forth in Attachment C and incorporated by reference herein. 14. LITTER CONTROL The Fox Moraine, LLC will perform the following to help control blown liter: a. Provide a fence around the entire perimeter of the active landfill disposal area. b. Inspect trucks exiting the facility for remaining debris. C. Appropriately phase operations. d. Restrict disposal vehicles to untarping at the active area during windy conditions. e. Reduce the size of the active area during windy conditions and/or employ additional temporary litter fences as necessary. 15. ROAD DEBRIS AND MUD Fox Moraine, LLC shall take all reasonable efforts to ensure that mud and other debris is not left on Illinois Route 71, adjacent to the landfill entrance, by traffic to and from the landfill, and shall remove the same if found on said roadway. 16. RODENT/VECTOR CONTROL The Company shall retain a pest control service on an on-going basis to address the potential for rodent/vector infestation, whereby such service shall inspect the Landfill Facility on an as needed, but no less than monthly basis. 17. INDEMNIFICATION AND ENFORCEMENT Fox Moraine, LLC agrees that it shall defend, indemnify and hold the City and its officers, agents and employees harmless from any and all claims, actions, costs, expenses, attorneys' fees, other fees, damages and judgments ("Liabilities") asserted against or incurred by the City and/or its officers, agents or employees by reason of any and all operations by Fox Moraine, LLC and/or 8 its officers, agents or employees at the Property, except to the extent such Liabilities arise from and as a result of the acts or conduct of the City or its officers, agents, representatives or employees. City shall give Fox Moraine written notice of any violation of the terms of this Agreement or any applicable City Ordinances or State Laws within 48 hours of the violation occuring, and Fox Moraine shall have 72 hours thereafter to: a) remedy the violation, or b) initiate remedy of such violation if such remedy will take longer than 72 hours to complete. Should Fox Moraine fail to remedy the violation, the City may, but is not required to, take such actions as are reasonable to cure the situation and may pay for same. Accordingly, Fox Moraine shall deposit, and the City shall maintain in a separate dedicated account, the sum of $10,000.00 to assure faithful compliance the terms of this Agreement and applicable ordinances and laws. The City shall not draw upon the deposit except after an administrative hearing where Fox Moraine is given the opportunity to present evidence and rebut any testimony or evidence. The administrative hearing shall be before the Mayor, the Director of Public Works and the City Manager (or their equivalent or designee). Any amounts drawn by the City after such hearing shall be promptly replenished by Fox Moraine. Fox Moraine shall have the right of appeal in accordance with Section 27 of this Agreement. This Agreement does not create any legal relationship between Fox Moraine; LLC and the City (such as a joint venture or partnership) with regard to operation of the Landfill, nor does the City undertake, by virtue of this Agreement, any responsibility or liability for compliance with any laws, rules or regulations relating to the operation of said Landfill or the depositing, storage or control of any Solid Waste within the area of the Landfill. 9 18. INSURANCE Fox Moraine, LLC shall obtain and maintain the following minimum limits of liability insurance: Per Occurrence/Aggregate Automobile Liability $1,000,0001,000,000 Worker's Compensation Statutory General Liability Premises and Operations $1,000,000/$3,000,000 Completed Operations $1,000,000/$3,000,000 Personal Injury $1,000,000/$3,000,000 Umbrella Liability $10,000,000 (including Environmental Pollution Liability) Upon written request from the City, Fox Moraine, LLC shall provide certificates of insurance to the City of the insurance coverage required to be maintained hereunder. The City shall be named as an additional named insured on all such certificates of insurance. 19. INSPECTIONS BY CITY OFFICIALS The City shall have the right to inspect the Landfill at anytime during the Facility's permitted hours of operation. The City agrees that any such City official shall be accompanied by at least one (1) Company representative during the site inspection, and that all applicable safety rules and regulations will be followed and observed by the City. 20. COMPLIANCE WITH APPLICABLE LAWS,RULES AND REGULATIONS Fox Moraine,LLC warrants that it will at all rimes conduct its operations at the Landfill in material compliance with all of the ordinances, laws, rules and regulations of the City, the State of Illinois and the United States of America relevant thereto. The acceptance of payment of the Host Benefit Fee under this Agreement shall not be construed as a waiver by the City of material compliance by Fox Moraine, LLC with all said laws,rules and regulations; nor shall acceptance of said payment by the City otherwise restrain or prohibit the City from taking such legal action as may be necessary to protect the health safety and general welfare of the residents of the City in the event of any material violation of any said laws, rules or regulations by Fox Moraine, LLC. 10 Fox Moraine, LLC shall meet or exceed all State and Federal requirements pertaining to closure and post-closure care. These requirements include Title 35 Ill. Adm. Code, Subtitle G, Section 811, Subpart F and 40 CFR 258.60 and 258.61 as may be amended from time to time. 21. PRE-FILING REVIEW OF SITING APPLICATION The City and Fox Moraine, LLC agree that prior to the formal submittal of a Facility siting application by the Company to the City pursuant to Section 39.2 of the Act, there shall be an opportunity for a pre-filing review to be conducted. The pre-filing review shall consist of the Company submitting a final draft of the siting application to the City for its review and comment. The City shall have up to thirty (30) days from the date the final draft is provided to the City to conduct its review and provide comments to the Company. The Company and the City agree to communicate and meet as necessary in order to complete the review process within not more than the 30-day time limit. The Company and the City acknowledge that the Company may, at its sole discretion, make changes in the siting application as may be recommended by the City. 22. CITY DUTIES OR RESPONSIBILITIES The terms of this Agreement shall not be construed in any manner to impose upon the City any duties or responsibilities to provide any services or facilities to Fox Moraine, LLC beyond those which the City customarily provides to residents and businesses of a similar nature within the United City of Yorkville. However,provided that the Application for the Landfill is approved, the City shall use its best efforts to assist Fox Moraine, LLC in obtaining all necessary permits from the Illinois Environmental Protection Agency for the construction and operation of the Landfill. 23. COVENANT Except as provided for in Section 24, this Agreement shall constitute a covenant in the nature of a covenant running with the land. Fox Moraine, LLC agrees to execute all additional documents necessary for the recording of this Agreement in the chain of title of the Property. 24. ASSIGNMENT OF RIGHTS This Agreement shall be binding upon Fox Moraine, LLC and its successors and assigns. No transfer of an ownership or other interest in the Landfill may be made, unless to an affiliate, without the prior written approval of the City, which approval shall not be unreasonably withheld. The City shall consider in deciding whether to grant such approval the ability of the transferee, both financially and operationally, to comply with the terms of this Agreement, the terms of all licenses and permits, and all other applicable federal and state statutes and regulations, and local ordinances. The City shall have 90 days from its notification (via certified mail, return receipt requested, to the City) of the proposed transfer in which to notify Fox Moraine, LLC that the City does not approve of the transfer. The City shall state in writing its reasons for not approving the transfer. If Fox Moraine, LLC has not received such written notice within 90 days of its notification of the City of the proposed transfer, the transfer will be deemed approved. The City may require an additional written signature commitment by the transferee to assume and comply with the duties and obligations of this Agreement. 11 25. DELIVERY OF NOTICES Any notices to be given hereunder by either party to the other shall be in writing, and shall be sent by personal delivery, by overnight delivery service or by registered or certified mail, postage prepaid, return receipt requested. Such notice shall be deemed communicated when delivered or three (3) business days from the date of mailing, whichever is earlier. Notices shall be addressed as set forth below, but each parry may change its address upon written notice to the other in accordance with this Section. TO THE CITY AT: Mayor's Office United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 TO FOX MORAINE, LLC AT: 6110 Route 71 Oswego, IL 60542 26. FORCE MAJEURE The obligations with respect to performance of this Agreement by either party (except for the payment of money) shall be suspended and extended in the event, and during the period that such performance is prevented, hindered, or delayed by a cause or causes beyond the reasonable control of either party including, without limitation, Acts of God (except weather conditions normal for the geographic area of the facility); epidemic, landslide, lightning, hurricane, earthquake, fire,explosion, flood or similar occurrence; an act of the public enemy, war, blockade, insurrection, riot, general unrest, civil disturbance or other similar occurrence that may have a material adverse effect on the construction or operation of the Landfill; and any change in Law which has a material effect on the construction or operation of the Landfill, including the order or judgment of any court, provided such order or judgment is not the result of negligence, failure or wrongful action or omission on the part of the party involved. In the event of disruption of services under any such circumstances, each party will make every reasonable effort and steps to overcome the cause of cessation of services and to reopen the Landfill as soon as practicable after the cessation of the cause of suspension of services. 27. ARBITRATION Any controversy, dispute or claim arising out of or relating to this Agreement or the breach thereof, not settled through negotiations, shall be submitted to mediation or other alternative dispute resolutions procedure upon mutual agreement of the parties. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach thereof, not settled through negotiation or other mutually agreed alternative dispute resolution procedure, shall be settled by arbitration administered by the American Arbitration Association. This agreement to resolve any disputes by binding arbitration shall extend to claims against any shareholder, brother-sister company, subsidiary or affiliates, any officers, directors, employees or agents or any of the above and shall apply as well to claims arising out of state and federal statutes and local ordinances as well as to claims arising under common law. The parties intend that this provision to arbitrate be 12 valid, enforceable and irrevocable and that it provide the exclusive remedy with respect to all disputes within its scope. Any arbitration and award hereunder shall be final and binding upon the parties, a judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 28. ANNEXATION AGREEMENT This Agreement is subject to the Property being annexed into the City pursuant to a mutually agreeable Annexation Agreement. 29. SEVERABILITY AND APPLICABLE LAW If any provision or subsection hereof or the application thereof to any person or circumstances is held invalid, the other provisions of this Agreement and/or their applicability to other persons or circumstances shall not be affected thereby. It is declared to be the intent of this Agreement that the same would have been adopted had such invalid provision, if any, not been included herein. This Agreement shall be governed by the laws of the State of Illinois. 30. AUTHORITY TO ENTER INTO AGREEMENT Fox Moraine, LLC hereby represents and warrants that it is a valid and existing corporation authorized to do business in Illinois and that the individuals executing this Agreement have been duly authorized by the corporation to act on its behalf and enter into this Agreement. Fox Moraine, LLC agrees to provide the City with sufficient proof of said authorization which proof shall include but not be limited to an appropriate corporate resolution authorizing the execution of this Agreement. The City shall approve this Agreement by City ordinance, a certified copy of which shall be provided to Fox Moraine, LLC. IN WITNESS WHEREOF, the parties hereto have caused the signatures of their legally authorized representatives to be affixed hereto on the day and year indicated on the first page of this Agreement. UNITED CITY OF YORKVILLE FOX MORAINE,LLC BY: BY: ITS: ITS: ATTEST: ATTEST: BY: BY: ITS: ITS: 13 ATTACHMENT A PROPERTY DESCRIPTION 14 ATTACHMENT B RESIDENTIAL PROPERTY VALUE PROTECTION PLAN 15 ATTACHMENT B RESIDENTIAL PROPERTY VALUE PROTECTION PLAN Fox Moraine, LLC shall protect, in the manner provided herein, the value of Eligible Residences (as defined below), in the event of sale during the active life of the Landfill. Each owner of a residence which is located within the area identified as being within one thousand (1,000) feet of the property lines of the Landfill Property as of the date that the siring application is filed (hereinafter "Eligible Residence"), is eligible to qualify for the benefits of this Residential Property Value Protection Plan (hereinafter "Plan"), subject to the terms and conditions stated in this Plan, and subject to the owner's compliance with the requirements of this Plan. The benefits of the Residential Property Value Protection Plan shall inure to an owner's lawful heirs or devisees who inherit the subject property during the time this Agreement is in effect. Unless otherwise defined herein, all capitalized terms used herein shall have the meanings ascribed to them in the Host City Agreement between the City and Fox Moraine, LLC. 1. General Procedure for Qualification. A. Within ten (10) days following the Anniversary Date, Fox Moraine, LLC shall notify each Eligible Residence, by certified mail, about the Residential Property Value Protection Plan and how to enroll in the Plan. Each Eligible Residence must formally enroll in the Plan, following the procedures outlined in the notification, within 365 days of receiving the notification. If such enrollment is not made within the 365 day timeframe, the Eligible Residence, and all subsequent owners, will no longer be eligible to qualify for the Plan. B. To qualify for fair market value protection under this Plan, the owner must place the Eligible Residence on the market for sale. The owner shall provide Fox Moraine, LLC with the name of the broker (if any) with which such residence is listed for sale, the proposed terms of sale, and the date on which the residence was placed on the market. C. Within sixty (60) days of such notice, Fox Moraine, LLC shall cause the Eligible Residence to be appraised at its fair market value both(1) as of the date the Eligible Residence was placed on the market, and, (2) as of the date the Eligible Residence was placed on the market, but making the sole additional assumption that the Landfill did not exist. The former value shall represent the "Diminished Value" of the Eligible Residence. If the Diminished Value falls within 5 percent of the latter value, then no impact shall be deemed to have occurred, and no payment shall be due to the owner under this Plan. The appraisal shall take into account all factors having a material effect on the value of the Eligible Residence, including, but not limited to, liens, easements and other encumbrances on the Eligible Residence. D. Fox Moraine, LLC shall provide a copy of such appraisal to the affected owner within ten (10) days of the completion of said appraisal. In the event that the affected owner disagrees with the values set forth in Fox Moraine, LLC's appraisal or otherwise wishes to have his or her own appraisal made, the owner may have an appraiser of his or her own choosing value the subject Eligible Residence in the 16 same manner as it was valued by the appraiser for Fox Moraine, LLC. The owner shall have such appraisal performed anytime between a date thirty (30) days prior to offering said Eligible Residence for sale as provided in Subparagraph(A) above, to a date forty-five (45) days following the receipt of Fox Moraine, LLC's appraisal. E. All appraisers shall be duly licensed to appraise residences in Illinois, and shall work independently. The cost for appraisals made under Subsection (C) above shall be paid by Fox Moraine, LLC. The cost for appraisals made under Subsection (D) above shall be paid by the owner. 2. Determination of Fair Market Value. For purposes of this Section 2 and Section 3 below, the term "Fair Market Value" shall mean the value of the Eligible Residence as if the Landfill did not exist. Fair Market Value shall be established by: A. A single appraisal under Subsection 1 (C) above if such appraisal is acceptable to the owner; or B. Agreement by both appraisers retained under Subsection 1 (C) and(D) above. If the appraisers retained under Subsections 1 (C) and (D) above do not agree, but the lower of the appraised Fair Market Values is ninety (90) percent or more of the higher of such values, the Fair Market Value shall be deemed to be the average of the Fair Market Values determined by said appraisals. If the lower of the appraised Fair Market Values is less than ninety (90) percent of the higher, a third appraiser shall be selected by Fox Moraine, LLC and the owner by alternately striking names from a list of appraisers developed jointly by Fox Moraine, LLC and the owner. The third appraiser shall review the existing appraisal reports and determine the Fair Market Value of the residence. This Fair Market Value shall not exceed the higher nor be less than the lower of the Fair Market Values set forth in the two existing appraisal reports. The Fair Market Value established by the third appraisal shall be binding on Fox Moraine, LLC and owner. The cost of the third appraisal shall be shared equally be the Fox Moraine, LLC and the owner. The Diminished Value of the Eligible Residence, which is defined in Subsection 1 (C) above, shall be established in the same manner as described in this Section 2. 3. Obligation to Pay Compensation. In order to receive compensation under the Plan, an Eligible Residence must have been continuously offered for sale for a period of one (1) year. At the end of the one year period, compensation may be paid based on the following: A. The owner sells the Eligible Residence for a cash price equal to or greater than the Fair Market Value, in which case no payment shall be due from or made by Fox Moraine, LLC; or B. The owner receives a Bona Fide Offer ("Offer") to purchase the Eligible Residence 17 for cash for a price that is less than the Fair Market Value. Bona Fide Offer shall be defined as an arms length transaction documented by a standard real estate sales agreement and supported by a reasonable earnest money deposit. The owner shall then notify Fox Moraine, LLC of the Offer and the amount thereof and Fox Moraine, LLC shall have ten (10) days to elect in writing to purchase the Eligible Residence for a cash price equal to the amount of such Offer, plus $500.00. If Fox Moraine, LLC exercises such election, the owner shall sell and Fox Moraine, LLC shall purchase the Eligible Residence within thirty (30) days after Fox Moraine, LLC exercises its option (or on such other date mutually agreed to by the parties). At the closing, Fox Moraine, LLC shall pay the owner an additional amount equal to the excess of the Fair Market Value over the price set forth in the Offer, provided, however, that such amount payable by Fox Moraine, LLC to the owner shall not be in excess of the Fair Market Value less the Diminished Value. If Fox Moraine, LLC does not exercise its election to purchase the Eligible Residence, the owner may sell the Eligible Residence to the purchaser identified in the Offer, and Fox Moraine, LLC shall pay the owner within thirty (30) days of receipt of notice of the closing an amount equal to the excess of the Fair Market Value over the price set forth in the Offer; provided, however, that such amount payable by Fox Moraine, LLC to the owner shall not be in excess of the Fair Market Value less the Diminished Value. C. Any compensation paid by Fox Moraine, LLC to the owner under this Section 3 shall be reduced by an amount equal to six percent of any portion of such compensation with respect to which the owner is not required to pay commission to any real estate broker. D. The obligation to make the payments required by this Plan shall terminate after the date the Landfill receives the final receipt of Solid Waste. However, the owner of any Eligible Residence who has notified Fox Moraine, LLC that the Eligible Residence is listed with a licensed residential real estate broker for sale prior to the expiration of the period of this Agreement shall entitled to receive payment under the Plan even if the Eligible Residence is actually sold after final closure of the Landfill. E. In the event any offer to purchase an Eligible Residence provides for seller financing, adjustments shall be made to determine the equivalent present day cash value. 4. Scope of Agreement. A. Only owners of record as of the date Fox Moraine, LLC files a siting permit application with the County to develop the Landfill, or any party inheriting an interest in an Eligible Residence by reason of the death of such an owner, shall be eligible for residence value guarantees under this Plan. B. Payment of residence value guarantees shall be made only once for any individual tax parcel. In the event that a portion of a parcel is offered by the owner for sale, 18 I Fox Moraine, LLC, at its discretion and to avoid subsequent appraisal costs, may decide to have appraisals made for that portion and simultaneously for the rest of the parcel. If Fox Moraine, LLC chooses to proceed in this manner, it shall make any payment as if both the portion severed and the rest of the parcel had been conveyed at that time. C. The compensation payable under this Plan shall apply only to conveyance of a fee simple interest made by deed or land contract or similar instruments, and shall not apply to conveyances of leasehold interests. 5. Miscellaneous Provisions. A. If Fox Moraine, LLC purchases an Eligible Residence under this Plan, the purchase shall be in accordance with customary terms and conditions regarding sales of similar residences, including, but not limited to the sellers furnishing of customary title insurance and a survey, pro-ration of taxes and utilities and the payment of transfer taxes in accordance with applicable laws. Fox Moraine, LLC shall be entitled to full occupancy rights with respect to the Eligible Residence after the date of closing. 19 ATTACHMENT C GROUNDWATER PROTECTION PLAN 20 ATTACHMENT C GROUNDWATER PROTECTION PLAN If, at any time after the date that Fox Moraine, LLC first accepts waste at the Landfill (Anniversary Date), and until Fox Moraine, LLC concludes its post-closure care as required by the IEPA, any water supply wells currently in use as a residential drinking water supply located within 1,000 feet of the property boundaries of the Landfill ("Covered Wells") are alleged to be contaminated by the Landfill, Fox Moraine, LLC, agrees to provide an alternate potable water supply to that owner, which may include a new well to replace the contaminated well, within twenty-four (24) hours of notification to Fox Moraine, LLC from the owner of said well. The owner and Fox Moraine shall cooperate to submit, within 24 hours of notification, a sample of water from said well to an accredited laboratory for analysis and the rendering of a professional opinion that said well has been contaminated by the Landfill. Fox Moraine LLC shall continue to provide potable water to the owner during the time required for the analysis, the rendering of the opinion, remediation, or hearings on causation. Should the aforesaid laboratory analysis show that water from any Covered Well is in violation of the United States Environmental Protection Agency or IEPA health advisory, then Fox Moraine, LLC shall have 30 days from the date Fox Moraine, LLC is notified of the results to take action to remedy the causes of said violation or to prove to the satisfaction of the City, in accordance with the hearing procedures set forth in the Host Agreement, that the Landfill is not the cause of said contamination. A failure to remedy the causes of the violation or prove that the contamination is not caused by the Landfill shall result in a permanent and ongoing obligation upon Fox Moraine to provide potable water to the affected owner. Fox Moraine, LLC shall not be responsible to provide an alternative potable water supply for any wells that Fox Moraine, LLC can prove were not contaminated by the Landfill 21 o' noo' GRAPHIC� \ zo � r _ r R' z 1 - / i / r n � LEGEND NOTES --•—••------- APPROXIMATE FACILITY BOUNDARY LEGAL DESCRIPTION FOR FACILITY BOUNDARY 3 a 9 FOX MORAINE LANDFILL & Shaw YORKVILLE, ILLINOIS FACILITY LEGAL DESCRIPTION So S Environmental, Inc. APPROVED BY: DAM I PROJ. NO.: 115942 1 DATE: OCTOBER 2006 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE VACATING A PORTION OF SLEEPY HOLLOW ROAD LOCATED SOUTH OF ROUTE 71 IN THE UNITED CITY OF YORKVILLE WHEREAS, the United City of Yorkville has received a Petition to Vacate a portion of Sleepy Hollow Road, a publicly dedicated road located south of Route 71 within the United City of Yorkville; and WHEREAS, the United City of Yorkville, through its Mayor and City Council has held a Public Hearing pursuant to 65 ILCS 5/11-91-1 permitting all public input and comment in regard to said Petition to Vacate said road; and WHEREAS, it is the intention of the United City of Yorkville to vacate said road as described in the Petition and as described in the attached Exhibit "A"which is the legal description for the proposed vacated road as well as the attached Exhibit `B"which is a Plat of Vacation representing the area to be vacated; and WHEREAS, the United City of Yorkville intends to vacate said road, described in Exhibit "A" and depicted upon Exhibit`B"to North Star Trust Company u/t dated August 8, 2006, No. 06-9993, being the only adjoining land owner on each side of the road; and Page 1 of 3 WHEREAS,the City Council of the United City of Yorkville finds that said property does not have substantial value that would result in compensation to the City nor does the vacation cause any loss to any landowner requiring compensation to any adjoining landowner; and WHEREAS,the City Council of the United City of Yorkville has determined that it is in the public interest to vacate said road thereby relieving the City of any burden of maintenance and repair of the road, and further that the vacating will promote economic development of the property adjoining the vacated road. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois,that the property described on Exhibit "A" and depicted on Exhibit`B" and commonly known as Sleepy Hollow Road is hereby vacated to North Star Trust Company u/t dated August 8, 2006,No. 06-9993 SECTION 1: The City Council further finds that the vacating of said street/road/right of way is in the public interest based upon the finings of the Council, and that no damage(monetary or otherwise) shall result to the residents of the UNITED CITY OF YORKVILLE by reason of vacating said street/road/right of way. SECTION 2: The City clerk is hereby directed to record with the Kendall County Recorder a certified copy of this Ordinance,together with Exhibit"B"the Plat of Vacation attached to this Ordinance. SECTION 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. Page 2 of 3 JAMES BOCK JOSEPH BESCO VALERIE BURR 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 Page 3 of 3 ct�p 4 i I KENDALLWOOD ESTATES DEVELOPMENT AGREEMENT This Agreement is made and entered into this,20W day of September, 2006 by and between Kendall Land Development, LLC, an Illinois limited liability company (hereinafter referred to as "Kendall Land") and the United City of Yorkville, a municipal corporation (hereinafter referred to as "City") (collectively referred to as the "Parties") regarding the development of the real property located on the north side of Illinois Route 126 generally between Illinois Route 71 and Illinois Route 47 in Yorkville, Illinois (hereinafter referred to as "Kendallwood Estates"). RECITALS WHEREAS, Kendall Land is the owner and developer of Kendallwood Estates; and WHEREAS, Kendall Land has petitioned the City for final plat approval for Kendallwood Estates; and WHEREAS, the City desires that Kendallwood Estates have access onto Route 126 through a parcel of property immediately to the south known as Woodstone Development (hereinafter referred to as "Woodstone") prior to the occupation of any dwelling units on Kendallwood Estates. NOW, THEREFORE, in consideration of the mutual promises and undertakings herein contained, the sufficiency of which is hereby acknowledged, the Parties hereto agree as follow: 1. The recital paragraphs set forth above are hereby incorporated into and made a part of this Agreement. 2. The City will grant final plat approval for Kendallwood Estates prior to the construction of the access road across the Woodstone Development parcel. 3. Kendall Land shall work with the owner of the Woodstone Development parcel in order to obtain a temporary construction and emergency access easement off of Illinois Route 126. Said access shall be established to remain until such time as the permanent access is complete. 4. The City shall not issue any occupancy permits for any dwelling units constructed in Kendallwood Estates until the access road across the Woodstone Development is constructed, providing access from Kendallwood Estates to Illinois Route 126. 5. Kendall Land or any builders may construct model homes in Kendallwood Estates, and City shall issue permits for the occupancy of the model homes for the purpose of selling units and not for permanent occupancy. WHEREFORE, this Agreement is executed on behalf of the City and Kendall Land by their duly authorized agents as of the day and year set forth above. KENDALL LAND DEVELOPMENT, LLC THE UNITED CITY OF YORKVILLE By: By: G Title: Attest: 2 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ORDINANCE NO.2006- AN ORDINANCE AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT FOR KENDALLWOOD ESTATES WHEREAS,it is in the best interest of the UNITED CITY OF YORKVILLE,Kendall County,Illinois,that a certain Development Agreement pertaining to the development of the real estate described on Exhibit"A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Development Agreement has been drafted and has been considered by the City Council; 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 Agreement and to perform the obligations as required hereunder; and WHEREAS, all the statutory procedures for the execution of said Development Agreement have been fully complied with; and NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY,ILLINOIS, AS FOLLOWS: Page 1 of 2 Section 1: That the Mayor and City Clerk are herewith authorized and directed to execute, on behalf of the City, a Development Agreement concerning the development of the real estate described therein, a copy of which Development Agreement is attached hereto and made a part thereof. Section 2: That 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 I 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 2 of 2