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Committee of the Whole Packet 2006 08-15-06 United City of Yorkville 800 Game Farm Road EST _ 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 �,p �p Fax: 630-553-7575 <CE AGENDA ECONOMIC DEVELOPMENT COMMITTEE PUBLIC WORKS COMMITTEE COMMITTEE OF THE WHOLE Tuesday, August 15, 2006 7:00 p.m. City Conference Room REVISED 8/11/06 Public Hearing: None Presentations: None Economic Development Committee: 1. EDC 2006-17 Building Permit Report for June 2006 2. EDC 2006-20 Building Permit Report for July 2006 3. EDC 2006-21 Ordinance Rezoning Landscape Depot 4. PC 2006-22 Heartland Crossing - Annexation, Zoning, and Preliminary PUD Plan 5. PC 2006-34 Kendall Marketplace - Concept PUD, Zoning and Preliminary PUD 6. PC 2006-43 Westbury Village- Annexation and Concept PUD 7. PC 2006-53 Bristol Bay Unit 8 - Final Plat 8. PC 2006-54 Bristol Bay Unit 9 - Final Plat 9. PC 2006-55 Bristol Bay Unit 10 - Final Plat 10. PC 2006-56 Blackberry Woods - Final Plat 11. PC 2006-33 Wal-mart Rezoning and Preliminary Plan 12. EDC 2006-22 Population Projection and Development Key 13. EDC 2006-23 Amend SSA Policy 14. EDC 2006-24 West Kendall Property Conveyance Page 2 Committee of the Whole August 15, 2006 Public Works Committee: 1. Public Works Minutes —June 5, 2006 and July 3, 2006 2. PW 2006-129 Routine IDOT Highway Permit and Resolution- Saravanos Rt. 47 Improvements 3. PW 2006-130 Rob Roy Creek Interceptor (Contract 4) - Change Order#1 4. PW 2006-131 Shops at Veteran's Parkway - Plat of Easement 5. PW 2006-132 Disposal of Surplus Property 6. PW 2006-133 Fox Hill (Unit 6, Lot 2) - Plat of Easement 7. PW 2006-134 2006 Asphalt Surface Treatment Program - Bid Results 8. PW 2006-135 Menard's Commercial Commons, Lot 9 (Culvers) - Plat of Easement 9. PW 2006-136 Raintree Village Unit 4 - Letter of Credit 10. PW 2006-137 Grande Reserve Unit 12 - Letter of Credit 11. PW 2006-138 Grande Reserve Unit 13 - Letter of Credit 12. PW 2006-139 Grande Reserve - Route 34 Improvements Approval and Bond Reduction#2 13. PW 2006-140 Grande Reserve Regional Park - Earthwork Acceptance and Letter of Credit Reduction #2 14. PW 2006-141 Wells No. 3 & 4 Treatment Facility - Change Order #3 15. PW 2006-142 Prairie Meadows Subdivision - Bond Reduction#1 16. PW 2006-143 2005 In-Town Drainage Program - Change Order#13 17. PW 2006-144 Prestwick of Yorkville (Phase 1) - Revised Construction Guarantee Amount 18. PW 2006-145 Cannonball Estates Units 1 & 2 —Final Acceptance of Watermain, Sanitary Sewer, Roadway and Miscellaneous Improvements Detail Board Report Bill List): Park Board: 1. PKBD 2006-07 Raintree Village Park A - Construction Bid Approval Page 3 Committee of the Whole August 15, 2006 Mayor: 1. Coffee with the Mayor: August 19th at the Farmer's Market, Town Square Park, (Main and Rt. 47) from 9:00 a.m. until 11:00 a.m. 2. ZBA 2006-38 BP Amoco Sign Variance 3. ZBA 2006-41 Wal-mart Variances Ad Hoc Technolozy: 1. PDQ Link Agreement Additional Business: o United City of Yorkville ' 800 Game Farm Road EST. ` ` 1836 Yorkville, Illinois 60560 Telephone: 630 -553 -4350 0� 111' p� Fax: 630 -553 -7575 <L E AGENDA ECONOMIC DEVELOPMENT COMMITTEE PUBLIC WORKS COMMITTEE COMMITTEE OF THE WHOLE Tuesday, August 15, 2006 7:00 p.m. City Conference Room Public Hearing: None Presentations: None Economic Development Committee: 1. EDC 2006 -17 Building Permit Report for June 2006 I 2. EDC 2006 -20 Building Permit Report for July 2006 3. EDC 2006 -21 Ordinance Rezoning Landscape Depot 4. PC 2006 -22 Heartland Crossing - Annexation, Zoning, and Preliminary PUD Plan 5. PC 2006 -34 Kendall Marketplace - Preliminary PUD 6. PC 2006 -43 Westbury Village - Annexation and Concept PUD 7. PC 2006 -53 Bristol Bay Unit 8 - Final Plat 8. PC 2006 -54 Bristol Bay Unit 9 - Final Plat 9. PC 2006 -55 Bristol Bay Unit 10 - Final Plat 10. PC 2006 -56 Blackberry Woods - Final Plat 11. PC 2006 -33 Wal -mart Rezoning and Preliminary Plan 12. EDC 2006 -22 Population Projection and Development Key 13. EDC 2006 -23 Amend SSA Policy 14. EDC 2006 -24 West Kendall Property Conveyance i Page 2 Committee of the Whole August 15, 2006 Public Works Committee: 1. Public Works Minutes — June 5, 2006 and July 3, 2006 2. PW 2006 -129 Routine IDOT Highway Permit and Resolution - Saravanos Rt. 47 Improvements 3. PW 2006 -130 Rob Roy Creek Interceptor (Contract 4) - Change Order 41 4. PW 2006 -131 Shops at Veteran's Parkway - Plat of Easement 5. PW 2006 -132 Disposal of Surplus Property 6. PW 2006 -133 Fox Hill (Unit 6, Lot 2) - Plat of Easement 7. PW 2006 -134 2006 Asphalt Surface Treatment Program - Bid Results 8. PW 2006 -135 Menard's Commercial Commons, Lot 9 (Culvers) - Plat of Easement 9. PW 2006 -136 Raintree Village Unit 4 - Letter of Credit 10. PW 2006 -137 Grande Reserve Unit 12 - Letter of Credit 11. PW 2006-138 Grande Reserve Unit 13 - Letter of Credit 12. PW 2006 -139 Grande Reserve - Route 34 Improvements Approval and Bond Reduction 42 13. PW 2006 -140 Grande Reserve Regional Park - Earthwork Acceptance and Letter of Credit Reduction #2 14. PW 2006 -141 Wells No. 3 & 4 Treatment Facility - Change Order #3 15. PW 2006 -142 Prairie Meadows Subdivision - Bond Reduction #1 16. PW 2006 -143 2005 In -Town Drainage Program - Change Order # 13 17. PW 2006 -144 Prestwick of Yorkville (Phase 1) - Revised Construction Guarantee Amount 18. PW 2006 -145 Cannonball Estates Units 1 & 2 — Final Acceptance of Watermain, Sanitary Sewer, Roadway and Miscellaneous Improvements Detail Board Report Bill List): Park Board: 1. PKBD 2006 -07 Raintree Village Park A - Construction Bid Approval i Page 3 Committee of the Whole August 15, 2006 Mayor: 1. Coffee with the Mayor: August 19th at the Farmer's Market, Town Square Park, (Main and Rt. 47) from 9:00 a.m. until 11:00 a.m. 2. ZBA 2006 -38 BP Amoco Sign Variance 3. ZBA 2006 -41 Wal -mart Variances Ad Hoc Technology: 1. PDQ Link Agreement Additional Business: I I I United City of Yorkville Memo 800 Game Farm Road k,v 1836 Yorkville, Illinois 60560 ~— Telephone: 630-553-4350 O Fax: 630-553-7575 ALE Date: August 14, 2006 To: Mayor, City Council, and Department Heads From: Lynsey Johnson Kawski, Administrative Assistant Subject: Supplemental Packet Information Attached is supplemental information for the August 15th Committee of the Whole packet: EDC #14: West Kendall Property Conveyance 1. Quit Claim Deed 2. Plat of Survey Attachments BUILDING PERMIT REPORT United City of Yorkville Department of Building Safety and Zoning June 2006 Types es Permits ...... .............. 2-Fantil Contntercia[ Y Number of Permits Issued SFD (Be s'� u 1va 5 Multi P le-Fanvl Y (Be s xnin 2006 Category includes l n d st ri a[ Miscellaneous Total Construction Cost 2 P ernn—I Structure) B ui/lo ntr .................................................. June 2006 I 142 1 46 0 1 8 0 87 $15,002,075.00 Calendar Year 2006 866 439 28 5 25 0 369 $94,869,428.00 Fiscal Year 2006 326 118 8 2 11 0 187 $33,799,395.00 June 2005 172 55 0 0 3 0 114 $11,027,814.00 Calendar Year 2005 t 623 224 5 0 25 0 364 $57,249,115.00 Fiscal Year 2005 306 98 0 0 9 0 199 $23,547,659.00 June 2004 I 128 55 0 0 1 0 72 $10,515,220.00 Calendar Year 2004 Z I 527 248 3 0 6 0 269 $50,9567448.00 Fiscal Year 2004 255 116 0 0 3 0 136 $25,9309853.00 June 2003 104 ! 34 2 0 4 0 64 $8,083,515.00 Calendar Year 2003 3 412 I 161 6 0 15 1 229 $399392,920A0 Fiscal Year 2003 ! 197 65 3 0 7 0 122 $15,614,519.00 June 2002 83 1 17 0 0 4 0 62 $3,543,862.00 Calendar Year 2002 4 407 135 2 2 26 0 242 $31,067,005.00 Fiscal Year 2002 166 1 40 0 0 10 0 116 $9,2789776.00 3 Permit Number Y-05-0011 was voided,thus only 613 of 614 assigned permit numbers were achudly used 2 Permit Number Y-04-097 and Y-04-098 were issued for each side of a duplex,only I structure was built. 3 Permit Number Y-2003-324 was voided,thus only 411 of 413 assigned permit numbers were actually issued _/ 3 Permit Number Y-1001-034 was voide44 thus only 407 of 408 assigned permit numbers were«dually issued (/ Note: Miscellaneous permits include such items as additions,remodelling,sheds,decks,RPZs,and municipal projects. Report prepared by: Barbara J.Dettmer,MCP/Department of Building Safety and Zoning BUILDING PERMIT REPORT United City of Yorkville Department of Building Safety and Zoning July 2006 Types of Permits Y 2-Family Commercial d Numbe r o f Permits Issue -F a mil Y r B e�nm 1 ooe c te 8 rY •m eta des Industri al al Total Construction ✓O$t SFD Be in loos MultP le Miscellan e 1 Permits=!Structure Buadauts .................................................. July 2006 1 123 38 6 0 2 0 77 $10,007,560.00 Calendar Year 2006 989 477 34 5 27 0 446 $104,876,988.00 Fiscal Year 2006 449 156 14 2 13 0 264 $43,806,955.00 July 2005 139 54 0 0 4 0 81 $10,585,000.00 Calendar Year 2005 t 762 I 278 5 0 29 0 445 $67,834,115.00 Fiscal Year 2005 445 152 0 0 13 0 280 $34,132,659.00 July 2004 89 39 0 0 1 0 49 $7,182,910.00 Calendar Year 2004 2 616 287 3 0 7 0 318 $58,139,358.00 Fiscal Year 2004 344 155 0 0 4 0 185 $33,113,763.00 July 2003 107 36 5 0 4 0 62 $10,695,205.00 Calendar Year 2003 3 519 197 11 0 19 1 291 $50,088,125.00 Fiscal Year 2003 304 101 8 0 11 0 184 $26,309,724.00 July 2002 83 22 1 0 2 0 58 $5,227,116.00 Calendar Year 2002 4 490 157 3 2 28 0 300 $36,294,121.00 Fiscal Year 2002 249 62 1 0 12 0 174 $14,505,892.00 t Permit Number Y-05-0012 was voided,thus only 761 of 763 assigned permit numbers were actually used 2 Permit Number Y-04-097 and Y-04-098 were issued for each side of a duplex,only 1 structure was built 3 Permit Number Y-2003-324 was voided,thus only 519 of 520 assigned permit numbers were actually issued 4 Permit Numbers Y-2002-034 was voided,thus only 490 of 491 assigned permit numbers were actually issued Note: Miscellaneous permits include such items as additions,remodelling,sheds,decks,RPZs,and municipal projects. Report prepared by: Barbara J.Dettmer,MCP/Department of Building Safety and Zoning �\ STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (Landscape Depot) WHEREAS, Landscape Depot of Yorkville, LLC is the legal owner of record of property described on Exhibit"A" attached hereto and incorporated herein(the Property), and WHEREAS,Landscape Depot of Yorkville, LLC, developer of the Property has made application by petition for the rezoning of the Property pursuant to an Annexation of the Property, and WHEREAS, owners and developers have previously entered into an agreement for annexation, and zoning of the property, and WHEREAS,the Yorkville Plan Commission has recommended the rezoning of the property as B-3 —Service Business District, subject to development as proposed in the presentation. 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 FOB C/p y Reviewed By: Legal ❑ City Council y Finance El August 15, 2006 r� EST 1836 Engineer ❑ -�-._ Agenda Item Tracking Number �� . City Administrator ❑ C ;a C"SW �O Consultant El PC 2006-22 LEHuman Resources El City Council Agenda Item Summary Memo Title: Heartland Crossing—Annexation,Zoning, and Preliminary PUD Plan City Council/COW/Committee Agenda Date: COW—August 15, 2006 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: N/A Council Action Requested: Discussion and move forward to 8/22 CC Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: C�r o United City of Yorkville Memo 800 Game Farm Road EST. s Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 ALE ��'�• Date: August 11, 2006 To: Mayor, City Council, and Department Heads From: Lynsey Johnson Kawski, Administrative Assistant Subject: PC 2006-22 Heartland Crossing Zoning Plat and Preliminary PUD Please refer to the June 28, 2006 Plan Commission packet to find Heartland Crossing's zoning plat and preliminary PUD plan. `4�1 Clr Reviewed By: J� D� Legal ❑ City Council Finance ❑ August 15, 2006 Esr. 1 Bess Engineer ❑ Agenda Item Tracking Number 0 City Administrator F1 1:1 PC 2006-34 Consultant < Human Resources 4.E ❑ City Council Agenda Item Summary Memo Title: Kendall Marketplace Concept PUD, Zoning, and Preliminary PUD City Council/COW/Committee Agenda Date: COW—August 15, 2006 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: N/A Council Action Requested: Discussion and move forward to 8/22 CC Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: DEVELOPMENT AGREEMENT `Kendall Marketplace' This Development Agreement,hereinafter referred to as"Agreement",is made and entered into this day of ,200_,by and between,Cannonball, LLC,hereinafter referred to as"OWNER',Harlem Irving Companies,hereinafter referred to as"DEVELOPER"and the United City of Yorkville,Illinois,a Municipal Corporation,hereinafter referred to as"CITY". The OWNER,DEVELOPER and the CITY may hereinafter be referred to as the Parties. WITNESSETH WHEREAS,the OWNER is the Owner of certain real property,hereinafter referred to as the"Property",located in the CITY and legally described as set forth in Exhibit"A"attached hereto and incorporated by references as if more fully set forth;and WHEREAS,the Property is generally located at the northwest comer of US 34 and Cannonball Trail and consists of approximately 193 acres; and WHEREAS,the OWNER and DEVELOPER seek a PUD zoning classification to allow for uses permitted within the B-3,R-2 and R-3 zoning classifications to exist on the property;and WHEREAS,the CITY has determined that the terms and conditions set forth herein will serve a public use and will promote the health,safety,prosperity,security,and general welfare of the inhabitants and taxpayers of the CITY;and WHEREAS,the OWNER and DEVELOPER,its vendors,grantees,assigns, successors,trustees,and all others holding interest now or in the future,agree and enter into this contract,which shall operate as a covenant running with the land and be binding upon any developer and its representatives,and future owners of the land; NOW,THEREFORE,the CITY and OWNER and DEVELOPER,in consideration of the mutual covenants and agreements contained herein,do mutually agree as follows: ARTICLE I GENERAL COMPLIANCE WITH ORDINANCES OWNER hereby agrees to comply with all CITY ordinances, and this Agreement shall alter said ordinances only as specifically set forth herein. Where the ordinances of the CITY conflict with the provisions herein,the Agreement shall control. 1 ARTICLE II PROPERTY DEVELOPMENT The Development of the Property shall be generally pursuant to the Conceptual Plans attached hereto and incorporated herein as Exhibit`B". That the development of the subject real property described in the attached Exhibit"A"shall be subject to approval of all Ordinances of the CITY;Site Plan approval,engineering approval(by CITY staff or outside review engineering consultant as elected by the CITY)and Site Plan approval by the City Council in conformance with the United City of Yorkville Zoning Ordinance,Subdivision Control Ordinance,City Reimbursement of Consultants and Review Fees Ordinances,Municipal Building Fee, City Land-Cash Ordinance,and City Development Fee Ordinance,payable at the time of Site Plan approval,which have been voluntarily contracted to between the parties and agreed to by OWNER. OWNER agrees that the Final Site Plan shall comply with all requirements as set out in the United City of Yorkville Zoning Ordinance and Subdivision Control Ordinance currently in effect when development approval is requested,unless provided for differently in this Agreement. Utilities and Public Improvements. That On-Site infrastructure construction and engineering shall be governed by the standards contained in the Yorkville Subdivision Control Ordinance and other applicable Ordinances unless specifically addressed in this agreement,in which case this agreement shall control. ARTICLE III SPECIAL PROVISIONS DESIGN STANDARDS: 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 100%of the total units. b. A minimum of 75%of the front facade* of each building shall incorporate masonry products* c. A minimum of 50%of each building glevation shall incorporate remium _ _ , Deleted:*aae siding material* d. Primary structures shall be constructed upon either a basement or foundation —`slab' construction shall not be used_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ._ Deleted:no — — — — — — — 2 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 75%of the front facade*of each building shall incorporate masonry products*. c. A minimum of 50%of each building,elev_ati_on_shall incorporate�remium _ _ , - Deleted: siding material*. d. Each unit shall include two(2)enclosed parking spaces. 3. Commercial Design Standards: a. All`Guidelines' within the Appearance Code section`V Criteria For Appearance.4.Non-Residential-b.Building Design, 1.Commercial.Office and Institutional Uses.b. Guidelines for unbuilt sites' shall be required applications. b. Signage: i. All free standing monument signage must include a 100%masonry product*base no less Than the width of the sign area. c. The retail user known and labeled on the Concept and Preliminary PUD Plans as"Home Depot"shall be permitted fencing surrounding the outdoor sales area at the north side of the building to be up to twenty feet(20')in height. RESIDENTIAL FEES 1. In addition to all required application permit and connection fees the following fees shall be collected for each residential unit at time of Building Pen-nit: a. $2,000 City Road Fee b. $1,549 County Road Fee ARTICLE IV EFFECTIVE DATE The effective date of this Agreement shall be the date this Agreement is approved and executed by the OWNER and CITY. 3 DRAFT 6128106 Revised 8101106 PREPARED BY AND RETURN AFTER RECORDING TO: David S. Warner Freeborn&Peters LLP 311 South Wacker Drive Suite 3000 Chicago, Illinois 60606-6677 ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT (Westbury Extension) DRAFT 6128106 Revised 8101106 Revised 8110106 TABLE OF CONTENTS [To Be Added] 2 �•��o sir o United City of Yorkville Memo 800 Game Farm Road EST is Yorkville, Illinois 60560 Telephone: 630-553-4350 C Fax: 630-553-7575 <LE ��• Date: August 11, 2006 To: Mayor, City Council, and Department Heads From: Lynsey Johnson Kawski, Administrative Assistant Subject: PC 2006-34 Kendall Marketplace Preliminary PUD Please refer to the July 26, 2006 Plan Commission packet for Kendall Marketplace's preliminary PUD plan. Final: 07/27/06 ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT (Heartland Crossing Subdivision) THIS ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement"), is made and entered as of the day of , 2006, by and between OAKBROOK BANK, AS TRUSTEE UNDER THE PROVISIONS OF A CERTAIN TRUST AGREEMENT DATED THE 13T11 OF SEPTEMBER, 2005, AND KNOWN AS TRUST #3405 (Owner of parcel#05-16-400-002, located on the southeast corner of State Route 47 and Ament Road in Yorkville, Kendall County, Illinois. ), JOHN ROBERT AMENT and STEVEN L. AMENT, TRUSTEES UNDER THE LOUISE MARIE AMENT TESTAMENTARY TRUST CREATED BY WILL DATED NOVEMBER 9, 1978, J. ROBERT AMENT and JACK C.WEIS TRUSTEES UNDER THE J. ROBERT AMENT CHARITABLE REMAINDER TRUST DATE NOVEMBER 3, 2005,JOHN ROBERT AMENT AND JACK C. WEIS, TRUSTEES UNDER THE JOHN ROBERT AMENT LIVING TRUST DATED OCTOBER 19, 2005 AND AMENT I L.L.C.,A WYOMING LIMITED LIABILITY COMPANY C/O JOHN ROBERT AMENT. (Owners of parcel # 05-21-200-002, located on the east side of State Route 47 approximately one quarter mile south of Ament Road in Yorkville, Kendall County, Illinois.), DBRNC,L.P. AN ILLINOIS LIMITED PARTNERSHIP(Owner of parcel#05-16-400-003, located on the southeast corner of State Route 47 and Ament Road in Yorkville, Kendall County, Illinois.), ROBERT J. MURST AND LORI L. MURST (Owners of parcel#05-22-100-002, located at 9166 Penman Road in Yorkville, Kendall County, Illinois.) and ANN MARIE SASSAMAN,JEAN ERNA INGEMUNSON, CHRISTOPHER GABEL, KARRIE RUDD, AND JAMIE GABEL (Owners of parcel#05-22-100-003, located on the east side of Penman Road in Yorkville, Kendall County, lllinois.), (hereinafter collectively referred to as "OWNERS") and RICHARD MARKER ASSOCIATES,Inc. (Hereinafter collectively referred to as "DEVELOPER"), An Illinois corporation, and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "City") by and through its Mayor and Aldermen ("Corporate Authorities"). OWNERS and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a"Party" and collectively as the"Parties". 117534/2 1 RECITALS: A. OWNERS are the owners of record of certain parcels of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit "A" (hereinafter referred to as "SUBJECT PROPERTY"), B. OWNERS and DEVELOPER desire to annex the SUBJECT PROPERTY to the CITY for the purposes of developing one contiguous Planned Unit Development (PUD) known as the Heartland Crossing Subdivision. C. OWNERS and DEVELOPER desire to proceed with the development thereof for residential and commercial use in accordance with the terms and provisions of this Agreement. D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be rezoned as a PUD under the R-2 One-Family Residence District provisions of the City Zoning Ordinance ("Zoning Ordinance") with a Special Use for said Planned Unit Development as depicted on the Depiction and Legal Descriptions of Zoning Parcels attached hereto and incorporated herein as Exhibit "B", for single-family detached residences and commercial areas with the B-3 Service Business District uses identified in Exhibit "B", as depicted on the Preliminary PUD Plan and Preliminary Plat attached hereto and incorporated herein as Exhibit E. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning and Preliminary PUD Plan and Preliminary Plat plan on June 28, 2006.. The Plan Commission concluded their deliberations on this case at their June 28, 2006 meeting. City Council conducted the public hearing on the annexation agreement on July 11, 2006. 117534/2 2 E. The CITY and OWNERS and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. G. The Corporate Authorities, after due and careful consideration, have concluded that the Execution of the Annexation Agreement and Planned Unit Development Agreement subject to the terms and provisions of this Agreement, and the rezoning, subdivision and development of the SUBJECT PROPERTY as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. H. (i) Each party agrees that it is in the best interests of the OWNERS and DEVELOPER and the CITY to annex and develop the SUBJECT PROPERTY described in the Attached Exhibit "A" as a Planned Unit Development (PUD) establishing a unique character through the provision of residential uses in conformance with the United City of Yorkville Comprehensive Plan within a master planned community including open spaces totaling over 140.3 acres and carefully integrated commercial uses and through the provision of orderly flow of traffic within the development and to adjoining real property. (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the OWNERS and DEVELOPER to provide for specific performance standards in the development of the SUBJECT PROPERTY. (iii) Each party agrees that it is in the best interest of the OWNERS, DEVELOPER and the CITY that the SUBJECT PROPERTY be developed in an orderly and efficient fashion. Therefore the CITY agrees 117534/2 3 to grant the OWNERS and DEVELOPER final plat and final engineering approval for the entire SUBJECT PROPERTY, and will also allow OWNERS and DEVELOPER to develop the SUBJECT PROPERTY, and post SECURITY INSTURMENTS on a Phase or Unit by Unit basis. (iv) Each party agrees that a substantial impact will be placed on the services of the United City of Yorkville and other governmental agencies by development of said real property. (v) The SUBJECT PROPERTY is contiguous to the corporate boundaries of the CITY. I. It is the desire of the CITY, the OWNERS, and DEVELOPER that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. J. The OWNERS and DEVELOPER and their representatives have discussed the proposed annexation and have had public hearings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement. The Parties hereto further agree to supplement this Agreement with the Petition for Zoning and Annexation, and drawings submitted therewith, including the Preliminary PUD Plan and Preliminary Plat, attached hereto as Exhibit "C" , Preliminary Engineering Plan, attached hereto as Exhibit "D" , Preliminary Landscape Plan, attached hereto as Exhibit "E" , to be approved 1(753412 4 by the City Council upon the following terms and conditions and in consideration of the various agreements made between the parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2, ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and rezone the SUBJECT PROPERTY under the R-2 One-Family Residence District provisions of the City Zoning Ordinance ("Zoning Ordinance") with a Special Use for a Planned Unit Development with single-family residences and B-3 service business district for the commercial areas as shown on the Preliminary PUD Plan and Preliminary Plat attached hereto as Exhibit"C" . The zoning map of the CITY shall thereupon be modified to reflect the classifications of the SUBJECT PROPERTY as aforesaid. Upon the OWNERS and DEVELOPER'S compliance with the CITY'S requirements with regard to final plat and final engineering approval the CITY shall then grant such approval for the entire SUBJECT PROPERTY. After the CITY has granted final plat and final engineering approval of the entire SUBJECT PROPERTY the CITY shall then allow the OWNERS and DEVELOPER to record and post letters of credit in phases over a three year period commencing upon the recording of the first final plat phase. OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY, unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement and the Preliminary PUD Plan and Preliminary Plat Exhibit "C". 117534/2 5 3. MODIFICATIONS OF LOCAL CODES. The specific modifications and deviations from the CITY'S ordinances, rules, and codes as set forth in Exhibits "G", attached hereto have been requested, approved and are permitted with respect to the development, construction, and use of the SUBJECT PROPERTY ("Permitted Modifications"). Furthermore OWNERS and DEVELOPER shall be permitted a variance from the CITY requirement to hook-up sump pump discharges to the CITY storm sewer system. OWNERS, DEVELOPER, and/or builders shall provide drains or positive overland lot grading to open space or rear and side yard swales as set out and are approved in the final engineering plans for said development. Provisions shall be set forth in the covenants and conditions requiring the builders of each lot to comply with the terms of this paragraph. DEVELOPER shall install a five-foot wide sidewalk along Route 47 which will be located on the Com-ed owned property as depicted in Exhibit "D". CITY shall work with DEVELOPER to obtain an easement for said sidewalk. If CITY and DEVELOPER are unable to obtain an easement to build the sidewalk within the Coin-ed owned property then OWNERS and DEVELOPER will place the sidewalk adjacent to Route 47 upon the SUBJECT PROPERTY. The sidewalk will be constructed when each commercial unit along Route 47 is developed. DEVELOPER shall be required to construct pedestrian paths along the north side of Wheeler Road and along the east side of Penman Road in lieu of sidewalks as depicted in Exhibit "D". DEVELOPER shall also be required to construct a five foot wide sidewalk or ten foot wide path on the south side of Ament Road as Depicted in Exhibit"D". The CITY agrees that detention for the SUBJECT PROPERTY shall be in accordance with the Preliminary Engineering Plan attached hereto as Exhibit "D" and the Basin Variation Exhibit attached hereto as Exhibit "D-1" including the variances depicted therein, and as stated herein: 1. Side slope ratio of four to one(4/1) in all detention areas. 2. Permitted Bounce for each detention basin as depicted in Exhibits "D"and "D- 1". 3. Ten (10) foot buffer yards shall be required between the rear lot lines of the single family homes and high water elevations in the detention areas. 117534/2 6 The CITY agrees that the following development standards shall apply to the development of the SUBJECT PROPERTY as stated herein and as depicted on the Preliminary PUD Plan and Preliminary Plat attached hereto as Exhibit "C", and the Preliminary Engineering Plan attached hereto as Exhibit"D". 1. Block lengths in excess of 1,320 shall be permitted 2. Homes on lots adjacent to open space will have a minimum thirty (30) foot rear yard. 3. Exterior side yards adjacent to a street will have a minimum setback of twenty- five (25) feet 4. Minimum lot size shall be ten thousand (10,000) square feet when adjacent to open space. 5. Maximum lot coverage on lots less than twelve-thousand (12,000) square feet shall be no more than thirty-five percent (35%). 6 Maximum lot coverage on lots twelve-thousand (12,000) square feet or greater shall be no more than thirty percent (30%). 7. Minimum lot width at the front building setback line shall be seventy-five feet (75'). The CITY agrees that gas service stations will be permitted uses on northwest corner of lot 821, on the southwest corner of lot 818, and on the northwest corner of lot 817. Gas stations constructed at the aforesaid locations will have approximate lot dimensions of two-hundred and fifty linear feet by two-hundred and fifty linear feet (250' x 250') Therefore, OWNERS/DEVELOPERS will not be required to petition for special use approval before constructing and operating a gas service station at the above specified locations on lots 821, 818, and 817. However, the CITY will retain the authority to conduct both site plan and architectural review before any gas service station located on the SUBJECT PROPERTY is approved. The CITY shall permit a clubhouse facility on Iot 819. Therefore, OWNERS/DEVELOPER will not be required to petition for special use approval before constructing and operating a clubhouse facility on lot 819. However, the CITY shall retain the H7534/2 7 authority to conduct both site plan and architectural review before the clubhouse facility is built on lot 819. All permitted uses within the CITY B-3 Service Business District will be allowed on commercial lots 817, 818, and 821. The following uses shall not be allowed on commercial lots 813, 814, 815, 816, 819, and 820, and all buildings on said parcels shall have a height restriction limited to one story. a. Gas stations b. Agricultural sales and service c. Golf driving range d. Kennel e. Mini-warehouse storage f. Sports arena g. Taxicab garage h. Tennis court—indoor i. Trailer rental j. Truck rental k. Truck sales &service In addition to the uses prohibited in the preceding subparagraph listed as a. thru k. the following uses shall also be prohibited on commercial lots 813, 814, and 815, a. Automotive sales and service b. Boat sales c. Car wash d. Drive-in restaurant e. Feed and grain sales f. Frozen food locker g. Miniature golf h. Motorcycle sales and service i. Recreation vehicle sales and service j. Skating rink 117534/2 8 4. UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS. OWNERS and DEVELOPER agree that any extension and/or construction of the utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as varied by this Agreement. Any on-site work and the cost thereof shall be the responsibility of OWNERS and DEVELOPER as outlined in Exhibit "K" (Infrastructure Improvements) except as otherwise provided in this Agreement. The CITY shall assist the OWNERS and DEVELOPER in obtaining any off-site easements for sanitary sewer and water distribution along Route 47, and all other right of ways. In the event the DEVELOPER and/or CITY can't obtain the necessary off-site easements for the extension of watermains and sanitary sewer, or are unable to provide potable water or sanitary sewer service to the SUBJECT PROPERTY for any reason the OWNERS and DEVELOPER shall be allowed to build and operate a self contained water system and/or sanitary sewer system for the SUBJECT PROPERTY until such time that the CITY is able to obtain said easements, and provide potable water and/or sanitary sewer service to the SUBJECT PROPERTY. A. ESTABLISHMENT OF SPECIAL SERVICE AREA AS PRIMARY FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS. It is understood between the Parties that the necessary improvements required to provide the SUBJECT PROPERTY with sanitary sewer and potable water service may be funded through the enactment of a special service area. At the OWNERS and DEVELOPER'S request the CITY will establish a special service area to be utilized as the primary funding mechanism for installation of sanitary sewer and potable water facilities to service the SUBJECT PROPERTY. The burden of the assessment is limited to and shall be paid by the future owners of property benefited by the sanitary sewer and potable water infrastructure. As part of providing sanitary sewer and potable water to the SUBJECT PROPERTY and other benefited properties DEVELOPER will incur considerable expense in obtaining sixty (60) foot wide easements for said sanitary sewer and potable water through the Dhuse Family Farms L.P. parcel, as well as the parcel currently owned by Gerald and Diane Johnson located east of Route 47 just north of the SUBJECT PROPERTY. Therefore, the CITY shall include the cost of 117534/2 9 obtaining said easements in the special service area financing, and reimburse DEVELOPER for all amounts expended by DEVELOPER to procure said easements from special service area financing . B. NON-SPECIAL SERVICE AREA FINANCING In the event that the sanitary sewer and potable water facilities are not financed through a special service area, DEVELOPER agrees to prepay all water tap on fees of three thousand seven hundred dollars ($3,700.00) per unit located within the SUBJECT PROPERTY at the time of recording of the final plat of subdivision, so that the CITY will have the funds to construct facilities necessary to supply potable water to the SUBJECT PROPERTY. Subsequent to DEVELOPER advancing the water tap-on fees to the CITY, the CITY agrees to collect the water tap on fee of three thousand seven hundred dollars ($3,700.00) per unit from any and all builders on the SUBJECT PROPERTY at the time of application for each individual building permit. Upon collection of each water tap on fee from each builder located on the SUBJECT PROPERTY the CITY will then refund all water tap on fees collected to the DEVELOPER. The CITY acknowledges that in order to provide the SUBJECT PROPERTY and adjacent developments with potable water service and sanitary service a sixty (60) foot wide easement through the properties located along Route 47 just north of the SUBJECT PROPERTY is necessary. Said parcels are currently owned by Dhuse Family Farms, L.P., and Gerald and Diane Johnson. In consideration of DEVELOPER obtaining easements for potable water, and sanitary sewer pipes through the Dhuse Family Farms L.P., parcel, and the Gerald and Diane Johnson parcel the CITY agrees that all potable water and sanitary sewer tap on fees collected by the CITY from owners, developers and/or builders on the Dhuse Family Farms L.P. and Gerald and Diane Johnson parcels will be paid by the CITY to the DEVELOPER until the DEVELOPER has been fully reimbursed for the cost of obtaining said easements. In consideration of granting an easement for potable water and sanitary sewer pipes through their property the CITY agrees that Dhuse Family Farms L.P. and Gerald and Diane Johnson will not be required to advance to the CITY any water tap-on fee and/or sanitary sewer tap on fee, but shall instead pay said fees at the time of building permit as required under current CITY ordinances. 117534/2 10 After September 15, 2007, CITY agrees to allow DEVELOPER, at DEVELOPER'S expense to connect to the CITY water main located along Route 47 adjacent to the Windett Ridge Subdivision, and utilize this single source to serve the SUBJECT PROPERTY with potable water until the overall south-side water improvements have been constructed and are operational, Any fire hydrants that are not in service within 30 days of installation shall be marked or bagged by the OWNERS and/or DEVELOPER. Within 30 days of a written request from the CITY, including legal descriptions and exhibits as necessary, OWNERS and DEVELOPER shall grant permanent and temporary construction easements as necessary for the construction of CITY utilities and appurtenances and/or other utilities to serve the SUBJECT PROPERTY and other properties within the CITY. Such requests for permanent and temporary easements shall have no impact on any entitlement previously granted to OWNERS and DEVELOPER by the CITY. Within 30 days of a written request from the CITY, including legal descriptions and exhibits as necessary, OWNERS and DEVELOPER shall convey by warranty deed, fee simple title to future highway or road right of way to the State of Illinois, Kendall County, or the CITY as necessary, as long as these rights have been previously identified in this Agreement. Such request for conveyance of right of way shall have no impact on any entitlement previously granted to OWNERS and DEVELOPER by the CITY. 5. SECURITY INSTRUMENTS. A. Posting Security. OWNERS and DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds ("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of 117534/2 11 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. 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 Paragraph 5G below, and shall accept their dedication in accordance with CITY ordinances subject to the OWNERS'S and DEVELOPER'S warranty, as described herein, and shall thereafter operate, maintain, repair, and replace all such public improvements located therein. OWNERS and DEVELOPER warrant that all public improvements required to be constructed by them hereunder shall be free from defects in workmanship or material for a period of one (1) year after acceptance thereof by the CITY. Upon notice from CITY, OWNERS and 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 OWNERS and DEVELOPER within the SUBJECT PROPERTY, then, upon notice thereof from the CITY, OWNERS 117534/2 12 and 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 OWNERS and DEVELOPER that certain of the public improvements and facilities within a phase of the SUBJECT PROPERTY under development have been completed, and (b) delivery to the City of all required documentation (including without limitation material certifications), and (c) the City Engineer has inspected said improvements and indicated, in writing, his approval of the same the City Council shall vote to reduce the amount of surety posted by OWNERS and DEVELOPER to guaranty that the public improvements and facilities within that particular phase is released by the CITY. If such improvements are not approved by the City Engineer the reasons therefore shall, within a thirty (30) calendar day period, be set forth in a written notice to the OWNERS and DEVELOPER. Upon the OWNER'S and DEVELOPERS correction of the original punch list items set forth in said notice, the City Engineer, at the OWNER'S and DEVELOPER'S request, shall re-inspect the improvements to be corrected and either approve or disapprove said improvements, in writing within thirty (30) calendar days of receipt of the OWNERS and DEVELOPER'S notice requesting said re-inspection. If any original punch list items are discovered to be damaged subsequent to approval of the original punch list the DEVELOPER agrees to repair such damages at the DEVELOPERS expense. As public improvements are partially completed and paid for by the OWNERS and DEVELOPER and accepted by the CITY the Security Instruments deposited by the OWNERS and DEVELOPER with the CITY, if requested by the OWNERS and DEVELOPER, may be proportionately reduced or released on an individual improvement-by-improvement basis. Notwithstanding anything herein to the contrary, the CITY shall have no obligation to reduce or release the last ten (10%) of any Security Instrument 117534/2 13 provided hereunder until all warranty obligations of OWNERS and DEVELOPER secured thereby have lapsed. D. Construction of Offsite and Onsite Improvements OWNERS shall be allowed to construct the required off site and onsite improvements simultaneously with the issuance of building permits for individual lots and/or buildings, but it is understood that building permits may not be issued unless OWNERS and DEVELOPER have provided adequate road access (i.e. gravel course or paved roads) to the lots for emergency vehicles and has provided sufficient water supplies for fire fighting purposes. All other offsite and onsite improvements (except final lift of bituminous asphalt surface on roads if weather, labor strikes, plant closings or any other condition or circumstance beyond OWNERS and DEVELOPER'S control prevents installation of such sidewalks and/or landscaping), serving any said lot or building shall be installed by OWNER and DEVELOPER and approved by the CITY, however, before an occupancy permit is issued for said lot or building, the balance of the required onsite subdivision improvements not required to serve said lot or building may be constructed in phases after issuance of the aforesaid occupancy permit, as the development on each phase progresses. E. Conveyance to CITY All completed public improvements constructed on, or in connection with the development of the SUBJECT PROPERTY or any Parcel or Phase thereof following their inspection and approval by the CITY shall be conveyed by a bill of sale to, and accepted by, the CITY on an improvement by improvement basis within thirty (30) days or within forty-five (45) days if on a committee agenda, of receipt of written request for acceptance submitted to the CITY by the OWNER and DEVELOPER, or scheduled for consideration and acceptance within forty-five (45) days. The CITY'S acceptance of any conveyance of a public improvement shall not be unreasonably withheld or delayed and shall be on a Phase or Unit by Unit basis (i.e. acceptance of public 117534/2 14 improvements in a particular Phase or Unit of development of the SUBJECT PROPERTY shall not be contingent upon acceptance of public improvements in another Phase or Unit of development, provided the public improvements being accepted can function and perform their intended purpose independent of the public improvements in another Phase or Unit of development, or if dependent on the public improvements in another Phase or Unit of development, the public improvements in such other Phase or Unit of development have been accepted by the CITY). F. Utility Permits The CITY shall issue permits to OWNER and DEVELOPER to authorize the commencement of construction of utility improvements on the SUBJECT PROPERTY or any Parcel or Phase thereof prior to: (i) approval of a final plat of subdivision; (ii) prior to construction of the CITY utility improvements provided: (1) such construction is undertaken at the risk of a party seeking to undertake such work; (2) approved engineering plans for such improvements have been approved by the CITY that are sufficient in detail for the CITY to determine the nature and scope of the improvements being constructed: (3) the preliminary subdivision plat for the Phase upon which the improvements are being constructed has been approved by the CITY; and (4)the IEPA and the Yorkville Bristol 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 shall indemnify the CITY against any claims, actions or losses the CITY may suffer, sustain or incur because other governmental agency takes action against the CITY after OWNER and DEVELOPER undertakes development activities pursuant to the provisions of this Subsection 5. 117534/2 15 G. Transfer and Substitution Upon the sale or transfer of any portion of the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY, securing the costs of the improvements set forth therein. H. 6. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS. Upon completion of other public improvements not constructed specific to any individual neighborhood, and not in an area prone to damage by build-out activities (i.e. park areas, offsite utilities, homeowners association open space areas) in each Phase or Unit of Development; and approval by the City Council upon recommendation by the City Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable SECURITY INSTRUMENT, subject to a maintenance SECURITY INSTRUMENT remaining in place for a one year period from the date of approval by the CITY. 7. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, comprehensive land use plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of five (5) years from the date of issuance of the first single family building permit. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said eight five (5) period. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the ordinances, regulations, and codes of the CITY in order to comply with the new regulations. After said 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 117534/2 16 expiration of said five (5) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved for the SUBJECT PROPERTY, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the SUBJECT PROPERTY being classified as non-conforming under any ordinance of the CITY. 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. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of any improvements, buildings, appurtenances, or any other development of any kind or character upon the SUBJECT PROPERTY, other than those upon which site plan approval may be based, are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. S. BUILDING CODE. The CITY has adopted the International Building Code, which is updated approximately every three years. The building codes for the CITY in affect as of the date of 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 issuance of the first single family building permit, the CITY shall impose upon and collect from 117534/2 17 the OWNERS and/or DEVELOPER, and their respective contractors, only those permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY, except as otherwise expressly provided for in this agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit "H". At the expiration of this five year team, the CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations. 10. CONTRIBUTIONS. The City shall not require the OWNERS and DEVELOPER to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 11. PUBLIC WORKS DEPARTMENT FACILITY. The DEVELOPER has agreed to designate 7.78 acres of the SUBJECT PROPERTY for use as a CITY Public Works Department Facility which the CITY agrees to pay fair market value for. Fair market value for said land will be based upon the then current value of R-2 One-Family Residence District zoned land within the CITY, at the time of conveyance . The DEVELOPER and the CITY will negotiate in good faith the location of this area during the preliminary plan review stage. The DEVELOPER shall provide the CITY title insurance demonstrating clear title to said 7.78 acre parcel. At the time of conveyance the CITY and DEVELOPER will enter into a development agreement which will address the conveyance of the 7.78 acre parcel. Storm water detention for said parcel shall be included and provided by the DEVELOPER. 12. SCHOOL AND PARK DONATIONS. OWNERS and DEVELOPER shall be responsible for making the contributions outlined in Exhibit "5" and Exhibit "Si" to the Yorkville Community School District #115 ("School District"), the City of Yorkville Park Department ("Park Department") and the CITY for the estimated impact and donation that is projected to be experienced by said entities as a result of the development of the SUBJECT PROPERTY in the manner provided for under this Agreement. 117534/2 18 The CITY and PARK DEPARTMENT acknowledge that OWNERS and DEVELOPER will be providing open space and an extensive trail system through the SUBJECT PROPERTY as depicted in Exhibit "D". Therefore the CITY will grant a credit to the OWNERS and DEVELOPER for the open space and trail system against the required CITY land/cash ordinance a credit of 26.0 acres. 13. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be entitled to construct, maintain and utilize offsite subdivision identification, marketing and location signs at such locations within the corporate limits of the CITY as OWNERS and DEVELOPER may designate (individually an "Offsite Sign" and collectively the "Offsite Signs") subject to sign permit review and issuance by the CITY. Offsite Signs will not be located on public right-of-way. OWNERS and DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite Sign may be illuminated subject to approval by the CITY. In addition to the Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage offsite and upon the SUBJECT PROPERTY as identified in Exhibit"M" attached hereto. 14. MODEL HOMES, PRODUCTION UNITS, SALES TRAILERS AND CLUBHOUSE. During the development and build out period of the SUBJECT PROPERTY (subsequent to final plat approval), OWNERS and DEVELOPER, and such other persons or entities as OWNERS and DEVELOPER may authorize, may construct, operate and maintain model homes and sales trailers within the SUBJECT PROPERTY staffed with OWNERS' and DEVELOPERS, or such other persons or entities, sales and construction staff, and may be utilized for sales and construction offices for Heartland Crossing. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by OWNERS and DEVELOPER. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer 117534/2 19 capable of parking three (3) cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood unit , shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon proof to the CITY the OWNERS and DEVELOPERS have demonstrated to the CITY and the Bristol-Kendall Fire Protection District fire hydrants within three-hundred (300) feet of the dwelling unit are operational.) A final inspection shall be conducted prior to the use of a model home and water shall be made available within 300' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. OWNERS and DEVELOPER may locate temporary sales and construction trailers upon the SUBJECT PROPERTY during the development and build out of said property, provided any such sales trailer shall be removed within two (2) weeks following issuance of the final occupancy permit for the SUBJECT PROPERTY. A permit will be required by the CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer the OWNERS and DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the City's approval. DEVELOPER shall be allowed to construct and maintain a clubhouse on the SUBJECT PROPERTY. The Clubhouse shall be located north of Wheeler Road and east of Route 47 within the SUBJECT PROPERTY. See Exhibit"G" for permitted uses within the Clubhouse. OWNERS and DEVELOPER hereby agree to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling 117534/2 20 unit. OWNERS and DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each neighborhood as the Final Plat and Final Engineering for each such neighborhood is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each neighborhood. 15. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the SUBJECT PROPERTY as required and approved by OWNERS and DEVELOPER for development purposes. Said trailers may remain upon the SUBJECT PROPERTY until the issuance of the last final occupancy permit for the SUBJECT PROPERTY. A permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way. 16. O VERSIZING OF IMPROVEMENTS, A. Recapture Agreement. In the event the CITY requests the DEVELOPER to construct a CITY improvement beyond that needed for the proposed development or other public improvement, including oversizing and or deepening of such improvements, which will serve property other than the SUBJECT PROPERTY, and benefit the CITY as a whole, that would not normally be required for the development, or for situations where the effort of engineering is clearly greater for oversized/deepened infrastructure, then DEVELOPER shall be entitled to a recapture agreement for all associated costs including engineering costs and shall be paid a six percent (6%) general contracting fee in addition to the cost of purchasing and installing the requested improvements. Such improvements which qualify as oversized and/or deepened shall be identified at the time of approval of Final Engineering for each phase of development. The CITY shall allow DEVELOPER to engineer, construct, and utilize a temporary lift station on the SUBJECT PROPERTY of adequate capacity to service the SUBJECT 117534/2 21 PROPERTY, as well as an eight (8) to fourteen (14) inch force main to provide sanitary sewer service to the SUBJECT PROPERTY. The CITY shall allow the DEVELOPER to construct and operate said lift station and force main subject to normal engineering review. Furthermore the CITY shall allow DEVELOPER to place the temporary force main in the easements along Route 47 granted by Dhuse Family Farms L.P. and Gerald and Diane Johnson. If the Yorkville-Bristol Sanitary District or the CITY utilize either the lift station and/or the force main in it's construction of permanent sanitary sewer service facilities to serve the SUBJECT PROPERTY or adjacent properties, then the CITY shall reimburse the DEVELOPER for the cost of engineering and constructing the portions of said lift station and/or force main that become part of the permanent sanitary sewer system.. If during the operation of the DEVELOPERS temporary force main and/or lift station any adjacent property owner requests approval to utilize said lift station and/or force main the DEVELOPER shall be allowed to charge the adjacent property owner for access to DEVELOPERS sanitary sewer facilities. The fee, interest, and time of payment shall be calculated solely at DEVELOPER'S discretion. 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 or identified on the Preliminary PUD plan and preliminary plat. 18. COVENANTS. The OWNERS and DEVELOPER agree to adhere to any city- wide architectural control ordinances that are in place at the time of final platting for each phase of development. In addition to architectural control ordinances adopted by the CITY the OWNERS and DEVELOPER may impose covenants, conditions and restrictions relating to structures and other building restrictions at the time of final plat submittal for each unit. Further, 117534/2 22 OWNERS and DEVELOPER agree to follow the anti-monotony policy of the CITY regarding the exterior elevations of the buildings such that no single-family detached homes with the same building elevations can be constructed next to, across the street, or catty-corner from another like building elevation. The OWNERS and DEVELOPER shall include provisions in the covenants to provide that a Homeowners Association shall be responsible for the maintenance of landscaping within the perimeter landscaping easements, signage provided on the SUBJECT PROPERTY, and other obligations as determined at the time of final platting and as referenced in Section 19 of this agreement. 19. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA (DSS A) A. Homeowners Association. OWNERS and DEVELOPER shall establish through a declaration of covenants, conditions and restrictions, a Homeowners Association ("Association") of all lot owners within the SUBJECT PROPERTY and a mandatory membership of all lot owners in the Association. The Association shall have the primary responsibility and duty to carry out and pay for the Common Facilities Maintenance through assessments levied against all dwelling units within the SUBJECT PROPERTY. A maintenance easement shall be established over all of the Common Facilities located on the Final Plat for each Phase of Development for the Association that undertakes responsibility for the Common Facilities Maintenance. The Association will be responsible for the regular care, maintenance, renewal and replacement of the Common Facilities including storm water detention areas, trail system, and without limitation, the mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition, and shall utilize the Association to provide sufficient funds to defray the costs of such maintenance and to establish reserve funds for future repairs and replacements. 117534/2 23 B. Business Service District Association. A separate association may be established for the business zoned parcels.. C. Dormant Special Service Area. OWNERS and DEVELOPER agree to the CITY enacting at the time of final plat approvals a Dormant Special Service Area (DSSA) to act as a back up in the event that the Homeowner's Association fails to maintain the private common areas, detention ponds, trail system, landscaping features, and entrance signage within the SUBJECT PROPERTY. 20. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the SUBJECT PROPERTY, OWNERS and DEVELOPER determine that any existing utility easements and/or underground lines require relocation to facilitate the completion of DEVELOPER'S obligation for the SUBJECT PROPERTY in accordance with the Preliminary PUD Plan, the CITY shall fully cooperate with OWNERS and DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the OWNERS and DEVELOPER. If any easement granted to the CITY as a part of the development of the SUBJECT PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the SUBJECT PROPERTY as reflected on the Preliminary PUD Plan and in this Agreement, the CITY shall fully cooperate with OWNERS and DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by OWNERS and DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNERS and DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. If the CITY requires any existing overhead utilities be relocated or buried on perimeter roads. the CITY agrees to be the lead agency in the relocation of those utilities. Upon OWNER and DEVELOPER'S request, the CITY will make the request to have overhead utilities relocated. In the event there is a cost to the OWNERS and DEVELOPER associated with burying what had been overhead utility lines, the OWNERS and DEVELOPER 117534/2 24 shall have the right to make the determination as to whether the utility lines will be buried or re- located overhead. 21. DISCONNECTION. OWNERS and DEVELOPER shall develop the SUBJECT PROPERTY as a subdivision to be commonly known as the Heartland Crossing Subdivision in accordance with the Final Plat and Final Engineering approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNERS or DEVELOPER of said property, petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 22. IRRIGATION WELLS. CITY shall grant OWNERS and DEVELOPER permission to utilize three existing irrigation wells, or replacements of up to three new wells of the same capacity as the existing wells on the SUBJECT PROPERTY, The three irrigation wells shall be used by the OWNERS and DEVELPER to irrigate detention areas, landscaping, and landscape/water features which will be located on the SUBJECT PROPERTY subject to approval by the City Council. 23. 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. 24. RIGHT TO FARM. DEVELOPER agrees to include a Kendall County "Right to Farm Statement"on each Final Plat of Subdivision as shown in Exhibit "N". 25. ROADWAY IMPROVEMENTS. The CITY required roadway improvements and cost estimates are as depicted in Exhibit"L". It is acknowledged by the CITY and DEVELOPER that DEVELOPER will contribute two-thousand dollars ($2,000.00)per unit as required under the CITY road impact fee ordinance. The DEVELOPER shall fund the necessary public improvements to serve the SUBJECT 117534/2 25 PROPERTY required by the Illinois Department of Transportation. No further contribution shall be required of the DEVELOPER for any present or future roadway improvements. It is agreed upon by the Parties that the CITY will give credit against the CITY road impact fee to the DEVELOPER for the cost of upgrading Wheeler Road to a collector from the local neighborhood street that would have been built if traffic from other developments was not considered. To offset the extraordinary expense which DEVELOPER will incur improving and/or signalizing Route 47 the CITY agrees to enter into a sales tax rebate agreement with DEVELOPER. The CITY shall place in a separate account for the benefit of DEVELOPER any portion of the state retailers' occupation tax received by the CITY as a result of the retail development on the SUBJECT PROPERTY for the benefit of DEVELOPER to be used to offset the costs of improving and signalizing Route 47. The period of computation of the sales tax rebate agreement will begin upon occupancy of the first unit of the commercial development, and will continue until DEVELOPER has been rebated one-hundred percent (100%) of their total expenditure improving and signalizing Route 47, or twenty years from the date of occupancy of the first commercial unit, whichever occurs earlier. 25. TRANSFER. DEVELOPER may assign this Agreement without CITY approval, but only in connection with its conveyance of all or any part of the SUBJECT PROPERTY, and upon said assignment and acceptance by an assignee, the DEVELOPER shall have no further obligations hereunder as to that portion of the SUBJECT PROPERTY so conveyed, but shall continue to be bound by this Agreement and shall retain the obligations created thereby with respect to any portion of the SUBJECT PROPERTY retained and not conveyed. If DEVELOPER or its successors sell a portion of the SUBJECT PROPERTY, the seller shall be deemed to have assigned to the purchaser any and all rights and obligations it may have under this Agreement(excluding rights of recapture) which affect the portion of the SUBJECT PROPERTY sold or conveyed and thereafter the seller shall have no further obligations under this Agreement as it relates to the portion of the SUBJECT PROPERTY so conveyed, but any such seller shall retain any rights and obligations it may have under this 117534/2 26 Agreement with respect to any part of the SUBJECT PROPERTY retained and not conveyed by such seller. Notwithstanding any such assignment of this Agreement or any such sale or conveyance, unless the successor to or assignee of the DEVELOPER of all or a portion of the SUBJECT PROPERTY shall have deposited and substituted its letter of credit as security for the construction, repair and maintenance of roadway or other public improvements with the CITY, the DEVELOPER or other seller though otherwise released from all obligations hereunder, shall keep its letter of credit on deposit with the CITY until such time as the DEVELOPER or the successor to or assignee of the DEVELOPER has provided a substitute letter of credit. 26. GENERAL PROVISIONS A. Enforcement This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding,the obligations and duties of OWNERS and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of an empty lot or a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. 117534/2 27 C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested,postage prepaid, addressed as follows: (I) If to OWNERS DBRNC Partnership L.P. 9330 Ament Rd. Yorkville, IL. 60560 Fax: (630) 553-2134 John Robert Arent &Steven L Ament Trustees under the Louse Marie Trust 9075 Penman Rd. Yorkville, IL. 60560 Phone: (630) 553-7731 Oakbrook Bank Trust#3405 1400 W. Sixteenth St. Oakbrook, IL. 60521 Christopher Gabel 630 Forest Ave. Elgin, IL. 60120 Phone: (630) 669-5698 Robert J. &Lori L. Murst 117534/2 28 9166 Penman Rd. Yorkville. IL. 60560 (II) If to Richard Marker Associates Inc DEVELOPER: 654 Heartland Dr. Yorkville, IL. 60560 Fax: (630) 553-5736 with copies to: John Philipchuck Dommermuth, Brestal, Cobine &West Ltd 123 Water St. Naperville, IL 60566 Fax: (630) 355-5976 (III) If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, II 60560 Fax: (630) 553-7575 with a copy to: John Wyeth Esq. 800 Game Farm Rd. Yorkville, Il 60560 Fax: (630) 553-7575 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability This Agreement is entered into pursuant to the provisions of the Agreements With Owners of Record Act of the Illinois Municipal Code (65 ILCS 5/11-15.1-1, et seq.) In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part,portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT PROPERTY. 117534/2 29 F. Agreement This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes This Agreement may be amended by the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the SUBJECT PROPERTY not effected by such Agreement. G. Conveyances Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the SUBJECT PROPERTY, whether improved or unimproved. H. Necessary Ordinances and Resolutions The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or assigns, to develop the SUBJECT PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. Term of Agreement. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. 117534/2 30 K. Recording This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNERS and DEVELOPER'S expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. 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 pernlits 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. Allocation of Building Permits The CITY, due to possible lack of sanitary sewer plant capacity, agrees not to allocate it's annually allotted building permits in any manner that would be detrimental to the SUBJECT PROPERTY, nor shall the CITY reserve any number of building permits for any other development if such reservation would result in an insufficient amount of building permits being available to the SUBJECT PROPERTY. P. 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 137534/2 31 contained in this Agreement shall be performed in a timely manner by all parties hereto. Q. Exculpation It is agreed that the CITY is not liable or responsible for any restrictions on the CITY'S obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, the CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or federal regulatory bodies. R. Liability of OWNERS. It is expressly understood and agreed by and among the parties hereto that all responsibility of John Robert Ament and Steven L. Ament (Trustees under the Louise Marie Ament Testamentary Trust created by will and dated November 9, 1978), J. Robert Ament and Jack C. Weis (Trustees under the J. Robert Ament Charitable Remainder Trust dated November 3, 2005), John Robert Ament and Jack C. Weis (Trustees under the John Robert Ament Living Trust dated October 19, 2005), Ament I L.L.C., a Wyoming Limited Liability Company, Oakbrook Bank Trust #3405, Robert J. Murst, Lori L. Murst, John R. Ament, Ann Marie Sassaman, Jean Erna Ingemunson, Christopher Gabel, Karrie Rudd, Jamie Gabel, and DBRNC, L.P. an Illinois limited partnership shall be extinguished simultaneously with the transfer of title to the real estate from the OWNERS to the Purchaser, Richard Marker Associates, Inc., an Illinois Corporation, as Developer hereunder. Thereafter, the Developer assumes all of the responsibilities and obligations of the OWNERS under this Agreement. It being understood and agreed, however, that OWNERS shall also have no obligation to perform the obligations of the DEVELOPER, unless said OWNERS agree in writing to assume said obligations. 117534/2 32 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, RICHARD MARKER ASSOCIATES, Inc. an Illinois municipal corporation an Illinois corporation By: By: Title: Mayor Richard Marker, President Attest: Attest: Title: City Clerk Secretary Dated: Dated: 117534/2 33 OWNERS: JOHN ROBERT AMENT AND STEVEN L. AMENT, TRUSTEES UNDER THE LOUISE MARIE AMENT TESTAMENTARY TRUST CREATED BY WILL DATED NOVEMBER 9, 1978 John Robert Arent, Trustee Dated Steven L. Ament, Trustee Dated 1 17534/2 34 J. ROBERT AMENT CHARITABLE REMAINDER TRUST DATED NOVEMBER 3, 2005 J. Robert Ament, Trustee Dated Jack C. Weis, Trustee Dated 117534/2 35 JOHN ROBERT AMENT LIVING TRUST DATED OCTOBER 19, 2005 John Robert Ament, Trustee Dated Jack C. Weis Trustee Dated 117534/2 36 AMENT I, L.L.C., A WYOMING LIMITED LIABILITY COMPANY John Robert A.ment, Member Dated Jack C. Weis, Member Dated 117534/2 37 OAKBROOK BANK, AS TRUSTEE UNDER THE PROVISIONS OF A CERTAIN TRUST AGREEMENT DATED THE 137'I OF SEPTEMBER, 2005, AND KNOWN AS TRUST #3405 By: (Trustee) Date: 117534/2 38 ANNE MARIE SASSAMAN By: Dated: 117534/2 39 JEAN ERNA INGEMUNSON By: Dated: 117534/2 40 CHRISTOPHER GABEL By: Dated: 117534/2 41 KARRIE RUDD By: Dated: 117534/2 42 JAMIE GABEL By: Dated: 117534/2 43 DBRNC PARTNERSHIP, L.P., An Illinois limited partnership By: It's General Partner,Ross Amcnt Dated: By: Connie Ellis Amcnt Dated: By: Nan M.Miller Dated: 117534/2 44 ROBERT J. MURST Owner/Elector By: Dated: LORI L. MURST Owner/Elector By: Dated: 117534/2 45 JOHN ROBERT AMENT Elector• By: Dated: 117534/2 46 LIST OF EXHIBITS HEARTLAND CROSSING Exhibit"A" Legal Descriptions and Plat of Annexation of Subject Property (same as previously submitted) Exhibit"B" Depiction and Legal Descriptions of Zoning Parcels (same as (same as previously submitted) Exhibit"C" Preliminary PUD Plan and Preliminary Plat(same as previously submitted) Exhibit"D" Preliminary Engineering Plan- Including: Sanitary Sewer, Drainage, Storm Water Mgmt, Water Mains Plan, Roadway X Sections, Sidewalk Plans(same as previously submitted) Exhibit"D'" Basin Variation Exhibit(added since previous submittal) Exhibit"E" Preliminary Landscape Plan(same as previously submitted) Exhibit"G" Permitted Modifications from Bulk and Density Requirements and Design Standards (revised to reflect revisions to the text of the Annexation Agreement) Exhibit"H" City Fee Schedule (revised from previous submittal) Exhibit"I" Now Deleted (was "Current City Building Codes"; is now covered in the body of the Annexation Agreement) Exhibit"J" School Contribution(revised to reflect revisions to the text of the Annexation Agreement and to the PUD Plan) Exhibit"J'" Park Donation(revised to reflect revisions to the text of the Annexation Agreement and to the PUD Plan) Exhibit"K" Now Deleted (was"Infrastructure Improvements"; is now covered in the body of the Annexation Agreement) Exhibit"L" Required Roadway Improvements and Cost Estimates (same as previously submitted) Exhibit"M" Project Signage Table (same as previously submitted) Exhibit"N" Right to Farm Disclosure Statement for Final Plans (same as previously submitted) Ins),11%ENGINEERiNNf_( X LTTANNTSS.INCBASIN VARIATION EI�HIBIT: -HEARTLAND CROSSING IN�'N mF.YKM�i ERamTr 50 RICHARD MARKER ASSONC. LOCATION MAP FROXICT AMA 654 HEARTLAND DRIVE YORKVILLE,ILLINOIS 60560 OFFICE:(630)553.3322 FAX:(630)553-5736 PROJECT CONTACT. MR.GARY NEYER r (630)553-3322 ".e l..N Bs . WND VNtURTION REDUENT _.. ':. rABR OlY60PN01T eRB rAR1 SIDN RLDWT LOPES E SIDE SLOPES .,._ ,. - 20'BUFFER 70 PROPERTY LME 10'BUFFFER TO PR ERN LkAi 1'BOUNCE,t00YR IBHOUR STORM SBOUNCE.tObVR HOUR STORM 2 :1 SIDE SLOPES /:1 SIDE SLOPES SS BUFFER TO PROPERTY LNE 1BOUN FE TO PROPERTYL /'BOUNCE IOPVR IB HOUR STORM B.S BOUNCE 100YR b HOUR STORM 5:1 SIDE SLOPES /:1 SL1E SLOPES SO'BUFfER TO PROPERTY LME 10' UFFER TO PROPERTY LINE "BOUNCE,tOPVR/B HOUR STORM S.5'BOUNCE.imyR 48HOURSTORM _ j 1 5:1 SIDE B OPES 1:1 SIDE SLOPES .`'- i 3D'BUFFER TO PROPERTY LNE 10'BUFFER TOPROPERTY LNE - _ - /'BOUNCE tObVR/B HOUR STORM 6.5'BOUNCE 10bYR IB NOUR STORM j� _, 5 IDE SLOPES _ 5:1$LIE SLOPES 4:1 S _ / 90'BUFF RTOPROPERTYL 10'BUfFER TO PROPERTY LNE �\y 2'BOUNCE 1OYR IB HOUR STORM I.S SOU...1bYR IB HOUR 570RM - �. B 5:1 S LOP S /:1 S S PES -- / �r/ 20'BUFFER TO PROPERTY LNE 10'BUFFER TO PROPERTYLTO 'Y '� 2'BOUNCE 1PYR N NDUR STORM "0'BOUNCE.16YR H HOUR STORM r 5:t SIDE SLOPES 4:1 SLIE SLOPES /•//.,. T 2r BUFFER TO PROPERTY LME 10'BVFFER TO LIE � �/ 2'801MCE 16YR/B HOUR 510RM 1.8 BOUNCE 1bYR 48 CS HOUR STORM / I F i 9 ^. r 1 ,y 1 ` ABr LII BALM 7 DAM G BASIN B P_ m VARIAYKXJ YORKVLLE LLNW Bone IcvINOS �: Nr. P wM of �T�Ia ], NA Nn oil n: MBR acrc: 1 EXHIBIT "G" PERMITTED MODIFICATIONS TO SUBDIVISION ORDINANCE A. Permitted Modifications to Zoning Ordinance: 1. Mass Grading: The DEVELOPER shall, at their own risk, have the right, prior to obtaining approval of final engineering drawings and prior to approval of a Final Subdivision Plat,to undertake,preliminary grading work, temporary detention, filling and soil stockpiling on the property in preparation for the development of the property upon city approval of a grading plan and soil erosion plan, and compliance with all other items required by the city's soil erosion and sediment control ordinance. The Final Engineering Plans shall be submitted to the CITY prior to CITY approval of the grading plan and soil erosion plan. 2. Interim Uses: Interim uses set forth below shall be permitted anywhere on the SUBJECT PROPERTY during the terms of this Agreement. 1. All types of farming. 2. Borrow pits. 3. Parking lots. 4. Stockpiling of dirt, also removal and or sale of dirt, clay, gravel or other construction materials. Gravel mining is prohibited,however said materials may be used within the development. 5. Temporary detention. 6. Construction storage and office trailers. 7. Mass Grading. 8. Nursery. EXHIBIT "J" SCHOOL CONTRIBUTION: The total amount of land required for dedication under the City of Yorkville's School Land/Cash Ordinance, based on the 789 dwelling units shown on the Preliminary PUD Plan and Preliminary Plat, attached hereto as Exhibit"C" is 39.79 acres. DEVELOPER shall dedicate a 19.41 acre buildable school site to the Yorkville Community School District#115 which is depicted as "Future School/Park A" on the Preliminary PUD Plan and Preliminary Plat, attached hereto as Exhibit"C". After DEVELOPER has dedicated the 19.41 acre school site to the Yorkville Community School District#115, the DEVELOPER shall pay$80,000 per acre cash in lieu of land for the remaining 20.38 acres not satisfied by land dedication as required under the CITY'S School Land/Cash Ordinance. The cash in lieu of land payment of $1,630,400 will be paid on a pro-rata basis at the time of applying for each individual building permit. If the number of residential units is for any reason reduced to less than 789 then the CITY agrees to proportionately reduce the amount of land and/or cash in lieu of land which the DEVELOPER shall be obligated to pay under this Agreement. Storm water detention facilities to accommodate development of the 19.41 acre school site shall be provided for by the DEVELOPER elsewhere on the SUBJECT PROPERTY. TRANSITION FEES: The DEVELOPER shall pay Three Thousand Dollars ($3,000.00) as school transition fees per residential dwelling unit in said subdivision, to the Yorkville Community School District. Said transition fees shall be paid per single family residence concurrent with and prior to the issuance of each respective single-family building permit. Said fees are being paid voluntarily and with the consent of DEVELOPER based upon this contractual Agreement voluntarily entered into between the parties after negotiation of this Agreement. 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 property zoned for business purposes under the terms of this Agreement. No other existing or future transition fees or impact fees of any kind will apply with respect to the SUBJECT PROPERTY. 123939/1 Marker Land Cash Calculations From Vince 8-2-06 YORKVILLE LAND/CASH CALCULATION SHEET j SEE DISCLAIMER ON PAGE THREE CLIENT / PROJECT: I T T TABLE OF ESTIMATED ULTIMATE POPULATION PER DWELLING UNIT I - _ Elementary - Junior High High School Pre-School _ Grades K-5 _ Grades K-8 Grades 9-12 Adults Total Per TYPE OF UNIT 0-4 Years 05-10 Years 11-13 Years 14-17 Years 18 years+ Dwelling Unit Detached Single Family _ 2 Bedroom _ x 0.102=1 0.000 x 0.191 = 0.000 x 0.054= 0.000 , x 0.057= 0.000_x 1.694= 0.000 x 2.098= 0.000 3 Bedroom x 0.254=T 0.000 x 0.440= 0.000 x 0.126= 0.000 x 0.179= 0.000 x 1.921 = 0.000 x 2.920= 0.000 Aw 789 4 Bedroom x 0.413=� 325.857 x 0.665= 524.685 x 0.190= 149.910 x 0.34= 268.260 x 2.142= 1690.038 x 3.75= 2958.750 _ 5 Bedroom - -x 0.236= 0.000 x 0.488= 0.000 x 0.139= 0.000 x 0.249= 0.000 x 2.637= 0.000 x 3.749= 0.000 789 Total Units ,, Attached Single Family r r 1 Bedroom 0 0.000 x 0.064= 0.000 x 0.018= 0.000 x 0.037= 0.000 x 1.068= 0.000 x 1.187= 0.000 2 Bedroom x 0.092=� 0.000 x 0.198= 0.000 x 0.056= 0.000 x 0.074= 0.000 x 1.776= 0.000 x 2.196= 0.000 3 Bedroom _ x_0.231 _0.000 x 0.298= 0.000 x 0.085= 0.000� `' x 0.103= 0.000 x 1.805= 0.000 x 2.522= _ 0.000 - -_ 4 Bedroom x 0.332=T 0.000 x 0.452= 0.000 x 0.13= 0.000 x 0.205= 0.000 x 2.243=� 0.000 x 3.362= 0.000 0 Total Units - -- ---- ---`- Apartments ' i_� ,- --- - --T-- -- - #2Bedroom ciency 0 0.000 x 0.064=T 0.000 x 0.018= 0.000 y x 0.037= 0.000 x 1.36= 0.000 x 1.479= 0.000 -- -- - edroom 0 0.000 x 0.640= 0.000 x 0.18= 0.000 x 0.038= 0.000 x 1.749- 0.000 x 1.869= 0.000 x 0.042 0.000 x 0.16 0_000_x 0.045= 0.000 x 0.079= 0.000 x 1.614-� 0.000 x 1.94= 0.000 3 Bedroom x 0.050- 0.000 x 0.339= 0.000 x 0.096= 0.000 r x 0.153= 0.000 x 2.499=I 0.000 x 3.137= 0.000 01 Total Units People Produced Total= 325.857 Total= 524.685 Total= 149.910 ;1 Total= 268.260 Total= 1690.038 Grand Total 2958.750 � I Land Value Assumption Total Land Donation for School: 39.799262, Total Cash Equivalent(School): $3,183,941.00 $80,000.00 Total Land Donation for Park: 29.587500 Total Cash Equivalent(Park): $2,367,000.00 j_ Total Land Only Donation Required: 69.386762 _ Total Cash Only Donation Required: $5,550,941.00 ---�-------j-- ----- -�----- i �� I it i 8 Dommermuth, Brestal, Prepared "o' ' ,and West, Ltd. 8/^'^006 Page 1 Marker Land Cash Calculations From Vince 8-2-06 ANALYSIS OF ACTUAL AMOUNTS OWED ( j PAR�--- —-- ----- -_ - - �-- KDONATION Donation Required Per Worksheet 29.587500 Acres - Actual Park Dedication 33.550000 Acres -Total Amount of Park Unsatisfied by Donation -3.962500 Acres i I j - - — Land Value per Ordinance $80,000.00 -- --_-_�- _- j Unsatisfied Park Contribution 0.000000 Total Cash Donation Required for Park $0.00 ----------- -- -- -- - + --- - - ----- -� SCHOOL DONATION (Pre-School added to Elementary Students) _ Estimated children per _ j x_ minimum reccomendation = Acres to be school classification i �_ per classification dedicated -- maximum school classifi- _ - of school size cation reccomendation _ 524.685000 x_ 7.25 Acres 11.831932 Acres 321.5 -- _ 149.910000 -_ x 15.92 Acr es 5.55 1706 Acres -�-_�-------- L 429.88 - --- .- ---I - - ----- - 268.260000 _ x 49.30 Acres ;- 22.415624 Acres - --- ---- I - � I I , I ! 39.799262 Acres I -- -- ------ -- - - ----- - - - - 8 Dommermuth, Brestal, Prepared Coke - and West, Ltd. 8/2"1006 page 2 Marker Land Cash Calculations From Vince 8-2-06 — Donation Required Per Worksheet _- _---_!I 39.799262 1 Acres -- -— — Actual School Dedication 19.410000 Acres Total Amount of School Unsatisfied— l by Donation 20.389262 Acres Land Value Per Ordinance $80,000.00 -- ——- - 1--- ---- -- - — --� Unsatisfied School Contribution 20.389262 Total Cash Donation Required for School $1,631,141.00 Total Cash Donation For School and Park $1,631,141.00 DISCLAIMER THIS ESTIMATE HAS BEEN PREPARED USING THE CITY OF YORKVILLE'S LAND/CASH FORMULAS FOR S_CHOOL AND PARK DONATIONS IN EFFECT AT THE TIME THIS ESTIMATE WAS PREPARED. THE CITY OF YORKVILLE CAN REVISE SAID FORMULAS AT ANY TIME TO INCREASE THE AMOUNT OF THE LAND DONATION REQUIRED AND/OR TO INCREASE THE FAIR MARKET VALUE OF LAND USED IN THE FORMULAS. 8 Dommermuth, Brestal, Prepared "'o"' and West, Ltd. 8/'" 006 Page 3 EXHIBIT "Jl" PARK DONATION: The total acreage required for City Land/ Cash for park d Preliminary Platt is 29 7 acres dwelling units as shown on the Preliminary PUD ribute (see land/cash calculation sheet attached hereto).ark Lot CD, 2VacreOs and City all ParktLot D, property for City Park Lot B, 3.1 acres, City 000 for 2.45 acres, all as shown on Exhibit"C". The DEVELOPER rsa total contribution o 40,0 playground equipment for each of the three lots the e donations $120,000.00. The timing and specifications for t n e The CITY shall also grant immediately credit prior to each purchase of the playground equipm for open space and trail systems against the City Land/ Cash Ordinance for park 1�� contributions of 26.00 acres. Completion of the with the United City of YohkvE «le Land)xhibit shall constitute complete and total compliance w Cash Ordinance as it pertains to parks. Further the following conditions shall apply: 1. Developer will provide an additional acres andpoadway buffer open space space,trail systems, storm water detention areas, as outlined on Exhibit"C"' public street 2. The required park contribution excludes the cost of mass grading,p improvements,utility improvements and seeding of City Park Lots B, C and D. Parks will be delivered with adjaceroad drainape�mprovementsand asidewalks, cover of turf parkway trees, necessary utility stubs, g acceptable to the CITY and conveyed cthe hase of development thatsa parktsite is commencement of development for each p located within. Marker Land Cash Calcuiewons From Vince 8-2-06 YORKVILLE LAND/CASH CALCULATION SHEET SEE DISCLAIMER ON PAGE THREE CLIENT / PROJECT: TABLE OF ESTIMATED ULTIMATE POPULATION PER DWELLING UNIT _ Elementary Junior High _ High School Pre-School Grades K-5 Grades K-8 _ Grades 9-12 Adults _Total Per TYPE OF UNIT 0-4 Years 05-10 Years 11-13 Years " 14-17 Years 18 years+ Dwelling Unit Detached Single Family - -- 2 Bedroom x 0.102= 0.000 x 0.191 = 0.000 x 0.054= 0.000 ! x 0.057= 0.000 x 1.694= 0.000 r2.92O 0.000 3 Bedroom x 0.254= 0.000 x 0.440= 0.000 x 0.126= 0.000 ry x 0.179= 0.000 x 1.921 = 0.000 0.000 789 4 Bedroom x 0.413= 325.857 x 0.665= 524.685 x 0.190= 149.910 x x 0.34= 268.260 x 2.142= 1690.038 2958.750 5 Bedroom x 0.236= 0.000 x 0.488= 0.000 x 0.139= 0.000 „ x 0.249= 0.000 x 2.637= 0.000 - 0.000 789 Total Units Attached Single Family 1Bedroom 0 0.000 x 0.064= 0.000 x 0.018= 0.000 x 0.037= 0.000 x 1.068= 0.000 x 1.187 _ 0.000 2 Bedroom _ x 0.092= 0.0001 x 0.198= 0.000 x 0.056= 0.000 x 0.074= 0.000 x 1.776= 0.000 x 2.196= __ 0.000 3 Bedroom x 0.231 = 0.000 x 0.298= 0.000 x 0.085= 0.000 x 0.103= 0.000 _x 1.805= 0.000 x2.522=------- 0.000 4 Bedroom x 0.332= 0.000 x 0.452= 0.000 x 0.13= 0.000 x 0.205= 0.000 x 2.243= 0.000 x 3.362= 0.000 0 Total Units Apartments Efficiency _ 0 0.000 x 0.064= 0.000 x 0.018= 0.000 x 0.037= 0.000 x 1.36=1 _0.000 x 1.479 0.000 1 Bedroom 0 0.000 x 0.640= 0.000 x 0.18= 0.000 x 0.038= 0.000 x 1,749= 0.000 x 1.869-I 0.000 2 Bedroom x 0.042= 0.000 x 0.16=1 x 0.045= 0.000 .3 x 0.079=� 0.000 x 1.614= 0.000 x 1.94 0.000 _ 3 Bedroom - --- x 0.050= 0.000 x 0.339=I 0.000 x 0.096=L 0.000 v x 0.153= 0.000 x 2.499 -0.000-x 3.137 0.000 0 Total Units- - , ,,,-- -i----- --- People Produced Total= 325.857 Total= j 524.685 Total= 149.910 4 Total= j 268.260 Total= 1690.038 Grand Total j 2958.750 I Land Value Assumption Total Land Donation for School: 39.79926 - Total Cash Equivalent(School): $3,183,941.00 $80,000.00 Total Land Donation for Park: 29.587500 Total Cash Equivalent(Park): $2,367,000.00 Total Land Only Donation Required: 69.386762 Total Cash Only Donation Required: $5,550,941.00 I I 8 Dommermuth, Brestal, Prepared Cobine and West, Ltd. 8/2/2006 Page 1 Marker Land Cash Calcuiations From Vince 8-2-06 ANALYSIS OF ACTUAL AMOUNTS OWED _ PARK DONATION Donation Required Per Worksheet ; 29.587500_Acres -- - I -� - - -- - - -- -- ` 1-- --_ --- _ -. ---- I Actual Park Dedication 33.550000 Acres Total Amount of Park Unsatisfied by Donation 1 -3.962500 Acres --_ Land Value per Ordinance $80,000.00 Unsatisfied Park Contribution 0.000000 Total Cash Donation Required for Park — $0.00 SCHOOL DONATION (Pre-School added to Elementary Students) —� Estimated children per x minimum reccomendation = Acres to be -- - school classification _ per classification dedicated — maximum school classifi- of school size cation reccomendation 524.685000 x 7.25 Acres = 11.831932 Acres 321.5 - --- - 429.88 ---. ---- - ---- ��- -- ----- _ — --- i 149.910000 x _ Acres _Acres__ 268.260000 x_ 49.30 Acres _--- -� ---T_—_- --- j - _ es = 22.415624 Acres ----i-- 590 - -- --� � -- I -- -�- _ ---- 39.799262 Acres � i------------r------I--------- ----- 8 Dommermuth, Brestal, Prepared Cobine and Welt, Ltd. 8/2/2006 Page 2 Marker Land Cash Calcuiations From Vince 8-2-06 — – — Donation Re uired Per Worksheet' _ 39.799262'Acres j L — - --- q -- _ Actual School Dedication -- 19.410000 Acres -- - -- _ -� - I-- - --- - ------ -- i -- -- Total Amount of School Unsatisfied by Donation 20.389262 Acres —� Land Value Per Ordinance _ I $80,000.00 Unsatisfied School Contribution _ ` 20.389262 Total Cash Donation Required fo I School $1,631,141.00 Total Cash Donation For School and Park $1,631,141.00 DISCLAIMER _ THIS ESTIMATE HAS BEEN PREPARED USING THE CITY OF YORKVII-Ett LAND/CASH FORMULAS FOR SCHOOL AND PARK DONATIONS IN EFFECT AT THE TIME THIS ESTIMATE WAS PREPARED. THE CITY OF YORKVILLE CAN REVISE SAID FORMULAS AT ANY TIME TO INCREASE THE AMOUNT OF THE LAND DONATION REQUIRED AND/OR TO INCREASE THE _ ` — FAIR MARKET VALUE OF LAND USED IN THE FORMULAS. 8 Dommermuth, Brestal, Prepared Cobine and West, Ltd. 8/2/2006 Page 3 Marker Land Cash Calcuiations From Vince 8-2-06 YORKVILLE LAND/CASH CALCULATION SHEET SEE DISCLAIMER ON PAGE THREE CLIENT / PROJECT: I - I J TABLE OF ESTIMATED ULTIMATE POPULATION PER DWELLING UNIT - i i Elementary _Junior High _ High School Pre-School Grades K-5 - Grades K-8 ry Grades 9-12 Adults Total Per TYPE OF UNIT 04 Years 05-10 Years 11-13 Years ,.° 14-17 Years 18 years+ Dwelling Unit Detached Single Family " R789 edroom x 0.102= 0.000 x 0.191 = 0.000 x 0.054= 0.000 ! x 0.057= 0.000 x 1.694=j 0.000 x 2.098= 0.000 edroom x 0.254= 0.000 x 0.440= 0.000 x 0.126= 0.000 Y �� x 0.179= 0.000- x 1.921 = 0.000 x 2.920=� ,- 0.000 edroom x 0.413= 325.857 x 0.665= 524.685 x 0.190= 149.910 ' x 0.34= 268.260 x 2.142= 1690.038 x 3.75=II 2958.750 L�-_ edroom x 0.236= 0.000 x 0.488= 0.000 x 0.139= 0.000 x 0.249= 0.000 x 2.637= 0.000 x 3.749= 0.000 al Units ! - ---_-- Attached Single Family 1 Bedroom 0 0.000 x 0.064= 0.000 x 0.018= 0.000 x 0.037= 0.000 x 1.068= 0.000 x 1.187- _ 0.000 2 Bedroom x 0.092= 0.000 x 0.198= 0.000 x 0.056= 0.000 & t x 0.074= 0.000 x 1.776= 0.000 x 2.196=�- - 0.000 3 Bedroom, x 0.231 = 0.000 x 0.298 0.000 x 0.085= 0.000 z x 0.103= 0.000 x 1.805= 0.000 x 2.522= 0.000 4 Bedroom_` x 0.332= 0.000 x 0.452=1 0.000 x 0.13= 0.000 x 0.205=1 0.000 x 2.243=� - 0.000 x 3.362=� - 0.000 0 Total Units Apartments Efficiency 0 0.000 x 0.064= 0.000 x 0.018= 0.000 4`1 x 0.037= I 0.000 x 1.36=I 0.000 x 1_._4_7_9__=i__ .479 0.000 1 Bedroom 0 0.000 x 0.640= 0.000 x 0.18= 0.000 x 0.038= 0.000 x 1.749= 0.000 x 1.869 + 0.000 - -_-_ --. --_ -L 2 Bedroom x 0.042= 0.000 x 0.16=f 0.000 x 0.045=� _0.000 x 0.079 0.000 x 1.614 0.000 x 1.94 0.000 3 Bedroom x 0.050= 0.000 x 0.339=j 0.000 x 0.096= 0.000 x 0.153= 0.000 x 2.499 0.000 x 3.137= 0.000 OlTotal Units People Produced ITotal= 325.857 Total= i 524.685 Total= j 149.910 . Total= j 268.260 Total= 1690.038 Grand Total 2958.750 Land Value Assumption Total Land Donation for School: r _-j 39.799262; Total Cash Equivalent(School): $3,183,941.00 $80,000.00 Total Land Donation for Park: 29.587500 Total Cash Equivalent(Park): f $2,J67,000.00 Total Land Only Donation Required: 69.386762 Total Cash Only Donation Required: $5,550,941.00 8 Dommermuth, Brestal, Prepared Cobin,- and West, Ltd. 812/2006 Page 1 Marker Land Cash Calcuiations From Vince 8-2-06 ANALYSIS OF ACTUAL AMOUNTS OWED PARK DONATION L -- — ---- -_ _ — -- - - Donation Required Per Worksheet 29.587500 Acres — Actual Park Dedication 33.550000 Acres - -- - - Total Amount of Park Unsatisfied by Donation _ -3.962500 Acres { Land Value per Ordinance $80,000.00 Unsatisfied Park Contribution_ — _ 0.000000 Total Cask Donation Required for Park SCHOOL DONATION (Pre-School added to Elementary Students) Estimated children per x minimum reccomendation = Acres to be - - school classification per classification dedicated maximum school classifi- of school size - -- --- --- -- cation reccomendation 524.685000 x 7.25 Acres = 11.831932 Acres 321.5 � - r------ ---1 _ - _ _ _ -r- --- -- 149.910000 x 15.92 Acres 5_- 5517061 Acres ----- - 429.88_ �------�------ �I ------- L -_-{— --'�----- ---` _ -- -- _ _I - __ -- -�- - I 26- -�- - --- ----- 268.260000 x 149.30 Acres —__= i 22.415624jAcres _ 590 --�.— — --- -�— ---- 1 -- -- 39.7992621 Acres --- 8 Dommermuth, Brestal, Prepared Cobine and West, Ltd. 8/2/2006 Page 2 Marker Land Cash Calcuiations From Vince 8-2-06 Donation Required Per Worksheet) X9.799262' I Acres _I Actual School Dedication - 19.410000 Acres- _—Total Amount of School Unsatisfied by Donation 20.3 89262 Acres I _ Land Value Per Ordinance $80,000.00 Unsatisfied School Contribution — 20.389262 Total Cash Donation Required for School k$l,631,141.00 Total Cash Donation For School and Park_ $1,631,141.00 DISCLAIMER THIS ESTIMATE HAS BEEN PREPARED USING THE CITY OF YORKVILLE'S LAND/CASH FORMULAS FOR SCHOOL AND PARK DONATIONS IN EFFECT AT THE TIME THIS ESTIMATE WAS PREPARED. THE CITY OF YORKVILLE CAN REVISE SAID FORMULAS AT ANY TIME TO INCREASE THE AMOUNT OF THE LAND DONATION REQUIRED AND/OR TO INCREASE THE FAIR MARKET VALUE OF LAND USED IN THE FORMULAS. d 8 Dommermuth, Brestal, Prepared Cobine and West, Ltd. 8/2/2006 Page 3 Reviewed By: Legal ❑ City Council Finance ❑ August 15, 2006 EST. � ism Engineer ❑ �� City Administrator F1 Agenda Item Tracking Number Consultant � �O F1 PC2006-43 <LE Human Resources ❑ City Council Agenda Item Summary Memo Title: Westbury Village Annexation and Concept PUD City Council/COW/Committee Agenda Date: COW—August 15, 2006 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: N/A Council Action Requested: Discussion and move forward to 8/22 CC Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: DRAFT 6128106 Revised 8101106 Revised 8110106 ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT (Westbury Extension) THIS ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement') is made and entered as of the day of , 2006 ("Effective Date") by, between, and among Old Second National Bank of Aurora, as Trustee under Trust Agreement dated January 8, 1982 and known as Trust Number 6121, f/k/a Kane County Bank and Trust Company, as Trustee under Trust Agreement dated January 8, 1982 and known as Trust Number 583 for the benefit of Michael Rosenwinkel, Tammy Rosenwinkel, Howard Rosenwinkel, Becky Rosenwinkel, Timothy Rosenwinkel, Mark Rosenwinkel, and John Rosenwinkel; Estate of Angeline Schultz by Rosemary Svanovick and Fred Schultz, Co- Executors; Estate of Mildred Hankes by Lawrence Hanks and Rita Rios, Co-Executors; Katherine Schultz; Feltes Sand & Gravel Co., an Illinois corporation; Nelson Land Company, an Illinois corporation; Larry Willis; Gary L. Bennett and Betty Bennett (collectively, "OWNERS"); Ocean Atlantic Chicago LLC, a Delaware limited liability company ("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 ("CITY"). The O e s10WNERS2, the Develop el3DEVELOPER4, and the Qty'CITY6 are collectively referred to in this Agreement as the "Parde Pj,$."." RECITALS: A. The Owners90WNERS10 are, as of the Effective Date, the owners of record of approximately 744.5 acres of real estate, which property is generally depicted on Exhibit A-1 attached hereto, and is legally described and on Exhibit A-2 attached hereto ("Property"). B. The Property is located in unincorporated Kendall County, Illinois and is currently used primarily for agricultural purposes ("Existing Uses"") and is contiguous to the corporate limits of the Gity t= and is not within the corporate limits of any municipality. C. In accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code ("Municipal Code"), 65 ILCS 5/7-1-8, the Owner has filed with the Git}14C 159s municipal clerk a voluntary petition requestinF, annexation of the Property to the Gfty�CITY17, executed under oath, executed by all e�e1=s1 OWNERS19 of record of all land within and at least 51% of all the electors residing within the Property ("Annexation Petition"), conditioned upon the execution of a mutually acceptable annexation agreement. The Annexation Petition was filed on June 26, 2006 ("Petition Filing Date"). D. The OAArse1=s20OWNERS21 desire and propose to have the Property annexed to the C�2CI` TY23 pursuant to and in accordance with Section 7-1-8 of the Municipal Code, 65 ILCS 5/7--1-8, and this Agreement. 3 DRAFT 6128106 Revised 8101106 Revised 8110106 E. On July 1, 1997, the Gjtyl4CITY25, Richard A. Undesser, and Henrietta Undesser entered into that certain Annexation Agreement to the United City of Yorkville Galena Road, Route 47 and Corneils Road ("East Village Annexation Agreement') for the annexation of approximately 257 acres generally east of the Property, which East Village Annexation Agreement was amended and restated on September 9, 2004 to allow for, among other things, the annexation of an additional 43 acres, more or less (collectively, such 300 acres is referred to in this Agreement as the"East Village"). F. On July 27, 2000, the C-W6CM27, Michael Rosenwinkel, and Tamara Rosenwinkel entered into that certain Annexation Agreement to the United City of Yorkville Michael Rosenwinkel and Tamara Rosenwinkel ("South Village Annexation Agreement') for the annexation of approximately 131 acres generally south of the Property ("South Village"), which South Village Annexation Agreement was amended on August 15, 2005. G On April 25 2006 the CITY adopted Ordinances No 2006-33 and 2006-34 approving an amended Preliminary PUD for South Village ("South Village PUD") and an amended Preliminary PUD for East Village("East Village PUD") respectively. " X29. The Develeper30DEVELOPER31 desires and proposes to develop the South Village, the East Village and the Property as a single, coordinated development containing residential, commercial, and recreational uses. W2f3. The Property, the East Village, and the South Village shall be known collectively as "Westbury." e4j35 The Deveieper 36DEVELOPER37 has filed with the W8 CITY 39 a concept plan with latest revision date of and consisting of pages prepared by Lannert Group, a copy of which is attached to this Agreement as Exhibit B ("Concept Plan"). X40-41 The Mayor and Aldermen ("Corporate Authorities"), appropriate C�42CITY43 boards and commissions, and Gk�44CITY45 staff have reviewed the Concept Plan and matters relating to this Agreement. Based on such reviews, the Qty 46 7, along with the gee s480WNERS49 and Develeper-50DEVELOPER51, desire that the Property be developed and used only in compliance with this Agreement, and any amendments to this Agreement as may subsequently be agreed to by the Pai4ies52P RTIES53, in the manner herein provided. K54V5 Pursuant to the provisions of Sections 11-15.1-1 et seq., of the Municipal Code, 65 ILCS 5111-15.1-1 et seq., and pursuant to the other powers and authorities of the �56CITY57, a proposed annexation agreement, similar in form and substance as this Agreement, was submitted to the Corporate Authorities and, pursuant to notice published in The Beacon News on , 8or before July 23. 2006.59 as provided by statute and ordinance, the Corporate Authorities held a public hearing on the annexation agreement on 60 096.61 8.2006.61 4 DRAFT 6128106 Revised 8101106 Revised 8110106 L. Pursuant to notice as required by statute and ordinance, a public hearing was held on ,6263 2006, by the Qty64QTY65's Planning Commission with regard to the zoning map amendments described in this Agreement, and with regard to all other matters requiring Planning Commission consideration, and the Planning Commission has submitted its recommendations for approval to the Corporate Authorities. library disc-:ct and ether- a fAit+ •66The Bristol Township Highway Commissioner.per-sen Bristol Township Supervisor and Township Trustees Bristol-Kendall Fire Protection District,Plano Community Library District, and other_ persons or entities67 entitled to notice �:ODEVELQP to the ac tions contemplated herein has"hm been given notice thereof by the ER71 as required by law. N. The Corporate Authorities, after due and careful consideration, have concluded that the annexation, development, and use of the Property,pursuant to and in accordance with the terms and conditions of this Agreement, would further enable the C-i4y72CMT l to control the development of the area, increase its tax assessable area, would serve the best interests of the QtY74CITY75, and is consistent with the character of, and existing development patterns in, the �citY76CITY77 O. This Agreement is made pursuant to and in accordance with the provisions of Sections 11-15.1-1, et seq., of the Municipal Code, 65 ILCS 5111-1511-1 et seq., the laws, codes, regulations, and requirements of the QtY78 CITY 79 ("City Codes") and the laws, statutes, and constitutions of the State of Illinois and the United States of America. NOW, THEREFORE, in consideration of the foregoing recitals and mutual covenants and agreements set forth in this Agreement,the Pai4ies80PARTIES81 agree as follows: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of all applicable federal, state, and local laws, statutes, codes, ordinances,resolutions, orders,rules, and regulations("Requirements of Law"). 2. ANNEXATION. A. The er82DEVELOPER83, with the written consent of the Owners 140WNEgS81, has filed, or caused to be filed, with the City Clerk a- at86 87 of annexation(" Plats89 of Annexation") that Cent s-au90contain9 accurate map92M93 of the Property and the contiguous rights-of-way to be annexed. B. Immediately after the approval and execution of this Agreement, the G4Y% Y95, through the action of its Corporate Authorities, shall pass and approve an ordinance ("Annexation Ordinance") to annex the Property (and any contiguous rights-of-way, as depicted in the Plat of Annexation)to the GW601Y97 5 DRAFT 6128106 Revised 8101106 Revised 8110106 C. Immediately after passage and approval of the Annexation Ordinance, the Developer-"DEVELOPER" and the 9-A%er-s100OWNERS101 shall, with the cooperation of the CitylUtIII , cause the recording of all documents necessary to accomplish the annexation of the Property to the 424y104CI.I "', including, but not limited to, the recording of the Annexation Ordinance, along with all necessary plats and affidavits of service of notice, in accordance with the Requirements of Law, to be recorded in the Office of the Recorder of Kendall County. Without the written consent of the O-Axer-s 1060WNERS107 and the DevelepeF no action shall be taken by the Corporate Authorities to annex Ly part of the Property unless this Agreement has been fully executed by the iepy 0PAR'TIES111, and all of the Property is annexed to the 112 113 p rty ' � CITY at the same time. D. If, for any reason and at any time, the annexation of the Property is legally challenged by any person or entity by an action at law or in equity, the �1 4C115 shall cooperate with the 9�er-s1160__ M117 and the �118DEVELOPER�� in the vigorous defense of such action through all proceedings, including any appeals, and take such other actions as may then or thereafter be ossible pursuant to the Requirements of Law to annex the Property. �120OWNERS�121 and 122 DEVELOPER agrees 123 e_124 to 1oin�tly 12sbear all expenses associated with any such legal actions. E. Prior to the effective date of the Annexation Ordinance affecting the Property, Section 11-15.1-2.1 of the Municipal Code, 65 ILCS 5/11-15.1-2.1, shall have no application, force, or effect on or with regard to this Agreement or the Property. Accordingly, except as expressly provided to the contrary in this Agreement, the City Codes, and the Gity121CITY1275s jurisdiction and control shall not be applicable to the Property at any time prior to the effective date of the Annexation Ordinance. 3. ZONING. A. Immediately after adoption of the Annexation Ordinance and execution of this Agreement,the Corporate Authorities shall adopt an ordinance, in substantially the form attached to this Agreement as Exhibit C ("Zoning and Concept Plan Ordinance"), (i) amending the c.4Y128c 12N zoning map to classify and number the Property as a Planned Unit Development on the Qty 130 CITY 1311s zoning map and (ii) approving the Concept Plan. The effective date of the Zoning and Concept Plan Ordinance shall not occur until the Annexation Ordinance becomes effective. As set forth in the Zoning and Concept Plan Ordinance, any approval of a Preliminary PUD 132P1an in accordance with Section 4 of this Agreement shall serve to modify and supersede the requirements of such Zoning and Concept Plan Ordinance with respect to that portion of the Property that is the subject of the Preliminary-RUD Plan.. B. Following the effective date of the Zoning and Concept Plan Ordinance, the rights of the Owxer�1340WNERS"' and the Develeper-l"DEVELOPERI 7 to develop the Property in accordance with the Concept Plan and this Agreement shall vest, and the Existing Uses shall operate as nonconforming uses and may continue until such uses cease following the approval of a Final Planned Unit Development Plan or Final Plat of Subdivision("Final Plante Ho 138,,) for such portion of the Property containing the uses. 6 DRAFT 6128106 Revised 8101106 Revised 8110106 C. By its approval of this Agreement and its adoption and approval of the Annexation Ordinance and the Zoning and Concept Plan Ordinance, the 139=140 shall be deemed to have approved and granted all amendments, variations, and waivers of the City Codes 141to entitle the DEVELOPER to develop the Probe ly in accordance with 142 the Concept Plan-as--egnested exceptions to applicable City 145Codes146 listed in Exhibit L,*n148%149 and 1 efdkwaees and eedes --d the terms and conditions of this Agreement, it being expressly acknowledged and agreed that all public hearings, if any, that are necessary to enable the C-y151DEVELOPER to develop the Property, and the CITY 152 to grant such amendments, variations, and waivers}153 have conducted pursuant to proper legal notice. . D. Unless changed by the CitY154C 155 at the Develepe>:156DEVELOPER157's request, the Planned Unit Development zoning classification for the Property established pursuant to the Zoning and Concept Plan Ordinance shall not be amended and shall be permanent and remain in effect for the term of, and following the expiration of, this Agreement; provided, however, that after expiration of this Agreement, such zoning may be amended in accordance with applicable law '-�e�ent of the •e�158=159 PP ��° E. DESIGN STANDARDS: The belew160 The development of the Property shall comply with the following 161 design standards which are in addition to the required standards of the-CITY-r-e teed�urovided for in166 the City's Appearance Code (Title 8, Chater 15167. and to the extent of any conflict, shall supersede the City's Appearance Code:168 16917°Single-Family Detached Residential it171Phase172 Design Standards: a-173 174 Masonry products as defined by the Appearance Code shall be incorporated on the front facade of 100%of the total units.-1751176 lq�:-177b.178A minimum of 50% of each building facade shall incorporate premium siding material as defined by the Appearance Code_179a X180 e-.-181C. 182Primary structures shall be constructed upon either a basement or foundation-no `slab' construction. 2-183iL184Single-Family Attached Residential U43it 115 Phase'86 Design Standards: a-.-187a. 188 products as defined by the Appearance Code shall be incorporated on the front facade of 100% of the total townhome buildings..189}190 7 DRAFT 6128106 Revised 8101106 Revised 8110106 191b192A minimum of 50% of each building fagade shall incorporate premium siding material as defined by the Appearance Code-193194 e—. 195 unit shall include two (2) enclosed parking spaces..1971 �19s a r,f*foot ,eeffw ••�ty'199d Off-street visitor narldng2oo spaces shall be incorporated into the multi-family pods at a rate of .5 spaces per unit. 3_:_201IIL202Commercial Design Standards: a.-203aL204A11 `Guidelines' within the Appearance Code section V A.b.l.b shall be required applications-.205; ��206 b. Sig -207 ir2osh,209Monument signage must include a 100% masonry base. 4. PLANNED UNIT DEVELOPMENT. A. The &Ase-s;the De'elep°- and the City 210 R ' 211 acknowledge and agree that, upon and after the effective date of they Annexation Ordinance, the Property will be developed and used in accordance with the terms and provisions of this Agreement, the City's Planned Unit Development Ordinance (2006-40) ("PUD Ordinance"), the Zoning and Concept Plan Ordinance, and the Concept Plan, as a mixed use residential and commercial community a;n,,nees .,,,a ,.,.av� provided compliance with all City 212 Codes except as otherwise 14modified by this agreement. The �215DEVELOPER —and 1 C� further acknowledge and agree that the Develeper-2 9DEVELOPER LIU shall have the right to develop the Property in such number of units of development referred to herein 21 individually L, 2 as a "PhaSeW" and collectively a e 25") as the Develepe DEVELOPER227 may from time to time determine upon approval of a Preliminary Planned Unit Development Plan or Preliminary Plat of Subdivision228 ("Preliminary-PIAD229 Plan") and Final Plan-ef-Rlat230 in compliance with the requirements of the PUD Ordinance for such Unit or-Uni4s. OWNTRS/DEVELOPER agree , . � 1 unit for-this development she& ____ __ _ minimum of 4 n A eves 23'Phase or Phases There shall be no limitation on the time within which a Preliminary Plan or Final Plan must be submitted B. The 33234 acknowledges and agrees that approval of this Agreement grants the Develepe235DEVELOPER236 the right to develop the Property as depicted in the Concept PI """"° and cclitti. Village 231 and that the QtY238IL13Y39 shall take all actions, including approval of such amendments to and variations from the provisions of the City Codes, to permit the development of Westu}240the 41 to contain no less than: T 8 DRAFT 6128106 Revised 8101106 Revised 8110106 T Acres 43 Units Single �Ql X44 Luxury s I;IS49 10$ Townhouse Q$ 52 2 CouMar&54 5i.5 g7'i Condo/]Flaftl5l 59 Villa 1� 61 1�Q Apartment .. 122W 28510.) Commercial 161 j1 Clubhouse/Community Z Golf Course 160.5 Maintenance 2 Park/Own Space76 Retention/Detention ZQ External ROW .5 Westbury Bouleyard'g' 5283 Open Spaceffluffer/RQM�' 85 to 744 4 The development approvals provided for in this Agreement and the development approvals contained in the East Village PUD and South V'llage PUD wm permit the development of Westbury to-captain no less than: Uses Acres Units Single Family wide l 349.20 977 Luxury Teew-Raieme Townhouse 294 29.84 246 Townhouse 126.56 4I 1,238 Courtyard Home �4 102.5 94 � Condo40 Flats 44:89 , 132 a Villas 4 W3101YII 120 a 49:09 285 Gew"Commerciar" I85V i Q GE)If Clubhouse/Community X89 Z Center323 Golf Course ,2 160.5 9 DRAFT 6128106 Revised 8101106 Revised 8110106 Maintenance Pa k/ en c 43 RetentionMetention 64-.W33514f 36 beft, 33915340 SSr.A9 School i 5.00 4 75 $eel 343 C w344 er-ei } 49 3 Total 1 C. Upon submittal of an application for review and approval of any required plan, document, or submittal for a Uf&354 355 Phase or UF&s 356 a e 357 including, but not limited to, Preliminary nT 4) 358Plans, Final Plans�lats359 et , landscape plans, grading plans, engineering plans, photometric plans, architectural drawings, or any other required submittals, the City shell 360CM shall provide the DEVELOPER expedited review and consideration as rea dmd by Paragraph 2 C of that certain Agreement by and between the DEVELOPER and the ITY Regarding the Rob Rov Creek Sanitary Sewer Interceptor dated November 22, 2005 a my of which is attached to this Agreement as Exhibit E '01 Approval of a Preliminary-l%D" Plan for of 367 368 UW 63P as 64 or lnite"' ha a 366 shall: (i) signify satisfaction of the purposes-and A objectives and reauirements of Section 10-13-6369 of the PUD Ordinance and no further showing regarding such general purposes or objectives need be made, and no further public hearing need be held, prior to submission of a Final Plan-ef_pjat370 for the applicable 371phase372 or 9 73Phases374; require no further modifications to the Zoning and Concept Plan Ordinance other than as provided in such Ordinance and Section 3.A of this Agreement; and (iii) obviate the need for any other zoning or subdivision 375 approvals as a prerequisite to the issuance by the QtY376C,TY3 71, or the receipt by the De37sDEVELOPER379, of the building permits necessary for the development of such 380pase h or Umts Rhasea3 13. In addition, upon approval of such Preliminary PUD 384P1an, the Develepw15DEVELOPER3s6 shall have a vested right to develop the Property in substantial conformance with the approved Preliminary-PUW8 Plan for the portion of the Property in question. However, before any such building permits shall be issued for such t;418 Phase 89 Or $390p as 391 the 92 93 shall comply With the requirements of the Subdivision Control Ordinance for approval of the Final Plan-e�94 for Such U495Phase396 or Uf& 397Phases398 D. Pursuant to the PUD Ordinance, upon approval of a Preliminary PUE)J99P1an for 400 401 402 403 4 405 a l Phase or l Phases , the Develeper DEVELOPER may submit one or more Final Plans- or-Dna40�— 4°7 4os 410 for such l Phase or l3rs Phases , which shall be approved by the �411CI412, provided they substantially conform to the Preliminary $l�$ 413 However, the U414pAR.TIES415 recognize that the practicalities of development 10 DRAFT 6128106 Revised 8101106 Revised 8110106 may require the Devel 416DEVELOPER417 to request approval of Final Plans-P�" for it19Pse420 Us a22 a particular or Phases that materially vary from the approved Preliminary PAD-423P1an, and that such Final Plans shall, if consistent with the overall purpose or character of the Preliminary pUE� 424P1an, be promptly ap roved by the Cty425CITY4 6 as such requests are submitted. Any approved Preliminary PUD- 27P1an shall not lapse or expire at any time or upon the occurrence of any event or upon the failure of any event to occur. E. Throughout the term of this Agreement, the Develepe 428DEVELOPER421 shall have the right, but not the obligation, to subdivide, from time to time, the Property, or any portion thereof. The City 430 013 431 shall approve a final subdivision plat for any particular &432Phase433 or Units 4 Sh�lalsels435, provided that the final subdivision plat shall be in substantial conformance with the Preliminary p 7T a36Plan. F. The final engineering, final landscapine37 and other required plans and specifications for the public improvements to be installed for each Unit438Phase439 or Units"OEhase ' shall be submitted to the City 442CMT 43, together with the Final Plan glat� for such U�445Phase446 or Units `41 The City Engineer shall examine such final plans and specifications and approve or disapprove of the same within fifteen (15) business days of receipt there 9. The final plans and specifications shall be approved by the City Engineer and the G 51 based on sound engineering pfwfiee 452City Codd53 and if they are in substantial conformance with the preliminary engineering, landscape, and other preliminary plans and specifications submitted with the Preliminary vy DTr 254P1an for such Unit455Phase % or 457Phases458 exce pt to the extent that practicalities of development require the Developer- 9DEVELO p 60 to request approval of Final Plans for a particular Uf&461Pha1e462 or Units Phases 64 that materially vary from the approved Preliminary PUD 465 Plan, in which case such Final Plans 466fWal plans and speeifieations467 shall be promptly approved if consistent with the overall purpose or character of the Preliminary-RUD468 Plan. If such plans and specifications are not approved, the reasons for disapproval shall be set forth in a written notice to the Develepei469DEV LEPER identifying the revisions that need to be made in order to secure approval ("Notice of DisapprovaP'). Upon the DEVELOPER 472,S correction of, or objection to the validity of, the item(s) set forth in the Notice of Disapproval and the resubmission of the473 re all auired474 plans and specifications, the Qty47sC�,476 Engineer shall reexamine them and either approve or disapprove them within fifteen(15) business days of their resubmission477. G. U eb Rey Greek>~„1 arse „tS478 a. The i.:rernaE -i.-Lvrarc-u.ff°vcrtv-iiavvipviuc .,..F....4a..n........,..m....,... along fish speeies habitat sueh as ear-eating native weeded buffefs, iner-ease the%idth e outlets ^o-03AWE a LDEVEr OPER agrees to ; eludo fpie:.l ores. seeti A;;(-;)479 This alignment-hill be d' at to the Deb Rey Greek and be paA of tl..e l ...;,..,1 11 DRAFT 6128106 Revised 8101106 Revised 8110106 �480�� G The OWNERS and DEVELOPER shall provide profiles as well as address discharge enhancements for stormwater into Rob Roy Creek as part of any final landscaping or final engineering plan for a Phase or Phases affecting Rob Roy Creek." I T The OWNERS and DEVELOPER shall address cross-section location and Regional Trail construction as part of any final landscaping or final engineering plan for a Phase or Phases containing the Regional Trail " ' 5. SANITARY SEWER AND WATER SYSTEMS AND FACILITIES. A. Provided that the Property is developed in accordance with this Agreement, the W"CI.r.v484 represents and warrants that it will provide as and when needed sufficient operational and available sanitary sewerage and potable water and water supply systems to adequately serve the needs of the Property. In addition, at the time of approval of a Preliminary UT�485P1an for any Unit 486Phase48 or 488Phases489 of the Property, the �490CI.j y491 shall, at the request of the Developer-492DEVELOPER4931 demonstrate the availability of adequate sewage transport capacity and potable water supply and delivery capacity to serve such � 494Phase49 The C-W96dDff shall permit the Develepe "DEVELOPER 99 to connect to Git}5old—M501 and/or Yorkville-Bristol Sanitary District sanitary sewer lines and water mains at locations to be determined by the preliminary engineering plans approved for each sot has so3 or sso4 ase 5°s. To the best of the soU& o7,s knowledge and belief, there is no administrative, judicial, or legislative action spending or being threatened that would result in a reduction of, or limitation upon, the Developer 08DEVELOPER509,s right to use, such sanitary sewer X510 •De s11 and potable water supply systems. B. The Develeper512DEVELOPER513 shall not be liable to the C—ity514Cr_ry515 for any sewer or water recapture fees, connection fees, or other obligations as a result of the connection of the Property to any sewer or water lines, or the financing of any sewer or water lines or sewer 516 treatment and potable water supply facilities and improvements, except as } c„„;+.,,-• Sewef Geru 0518 row in the Fee Schedule attached to this greement as Exhibit F.519 [To be .,,aAe_ 520 Water-Gemeetion Fees [:Fe :be ad e_ 122 Such fees shall be due at the time of issuance of a building permit for each residential dwelling unit on the Property, however, the Developer-523DEVELOPER524 shall have the right, at its sole discretion,to prepay such fees at the rates in effect at the time of such prepayment. 12 DRAFT 6128106 Revised 8101106 Revised 8110106 C. If the Develeper-525DEVE LOPE R526 is required to construct sanitary sewer and/or potable water facilities including, but not limited to, sanitary sewer lift stations and force mains on or off Property for the benefit of other properties situated within or outside of the citY527CITY528. the Gity529c 530 shall, upon Develeper-s31DEVELOPER532,s request, enter into one or more recapture agreements, in form and substance mutually acceptable to the CITY and DEVELOPER, for the purpose of ensuring that the Develeper5 3nE,VELOPERs3a recaptures from such benefited properties the proportionate share of such costs. D. The Developer 535DEVELOPERs36 shall have no obligation to construct on and - 'te 537 sanitary sewer and water facilities unless a Final c .bdiyisie Plat 53G�53�3 encompassing the area in which any such facilities are to be located.or are designed tQvm , has been approved by the City 541 CITY s42 and the Develepers43DEVELOPER3 44has undertaken the development of such area t a •ice a by the final „ 545 to ....�.. .._.,..�..._.. „� ---- -----r-__ E. If adequate sanitary sewerage transmission facilities are not made available to the Property b the City 46CDs47 at the times provided in paragraph 5.A of this Agreement, the � BDEVELOPER 9 shall have the right, but not the obligation, to privately finance and contract for the design, construction, and installation of adequate sanitary sewerage transmission facilities, and/or secure sanitary sewage transmission facilities from other available public or private source s550 adequate to serve all or any part of the Property. When requested, the Gity Sl 52 shall use its best efforts to assist the Develep2F553DEVELOPEO�4 in such financing and/or in securing for the Developer-555DEVELOPER556 sanitary sewage transmission facilities. F If adequate water and water supply services are not made available to the Property by the CITY the DEVELOPER shall have the right but not the obligation, to privately finance such facilities and plants and to take such other actions as mays necessary or appropriate to meet the water supply nee s of all or any part of the Property including the right to secure water supplies from other public or private sources on a temporary or permanent basis In addition if at a future time the source of andunalff supplies is to be transferred any such transfer shall occur without cost the, DMLOPER or the OWNERS. 12 58 G. The Develepers59DEVELOPERs60 shall have the right, at its sole discretion, to drill private shallow wells on the Property, at locations to be determined by the Developer561DEVELOPE 1562, for the purpose of golf course and common area 5,63imgationg 564 subject to cowfiancr,3YU Illinois Depart o a ,,ffie—, and operation Resources and 565 Kendall County Health Department KCI standards and requirements and 5 provided that n 568such wells do not substantially 569 impact en-n near-by ['°'� or--e-570the groundwater supply for Rob Roy Creek- a by the GA' y571 mc[[[fa¢[C�I�STTiIDiDTVy°�pil�ci� 13 DRAFT 6128106 Revised 8101106 Revised 8110106 H. Upon the request of Develaper-572DEVELOPER573, the igr;t,r574CITY575 shall acquire by eminent domain or otherwise, all property rights, easements and rights-of-way as may be needed to enable the Property to be eepme 4e to ° of its rights p ide in d4s 576sanitary sewerage and notable water and water suDDly systems577 The Developer578DEVELOPER agrees to pay all costs associated with said acquisition of property rights, easements, and rights-of-way. I 580j581 The ss2 583 y c Y shall fully cooperate with the Developer- to obtain all permits required under federal and state law including, without limitation, all permits required by the Illinois Environmental Protection Agency " » 586 6. QTf1D r 43AL A TED 117 STORM WATER188 FACILITIES, RETENTION AND DETENTION. The Develepe 5s9DEVELOPERs90 shall provide for storm water drainage, retention, and detention thereof upon and from the Property in substantial conformity with the preliminary engineering plan approved for a 591Phases92 or �s93Phasess9a, including installation of underground sewers; graded, open swales, or ditches; and storm water retention/detention areas. For the term of this Agreement, the Qty 595 CITY s96 shall require no more than the size, degree, and type of �597storm water59$ retention/detention required under all applicable City TY6 0 Ordinances including the Subdivision Control Ordinance and the Compensatory Storage Ordinance. 7. STREETS, SIDEWALKS. A. 'The DevelepeF602DEVELOPER6o3 shall cause curb, gutter, street pavement, street lights, and public sidewalks to be installed upon the Property, that may be required to be installed off-site.604 in substantial conformity with the Preliminary�3 Plan and preliminary ZLg.ineering plan as finally approved as part of the Final Plan for each 606Phase607 or $608Phases609; such improvements shall be designed and constructed in general conformity with the requirements of the City 610 QEW11's Subdivision Ordinance as such requirements exist as of the Petition Filing Date. However, the Develepe 612DEVELOPER613 shall have no obligation to make roadway improvements or dedications of streets, roads, or rights-of-way to the Gity CM 61s� except as provided for in this Agreement, the Final Plan at616 and the final engineering plans for a particular is617Phases6ls or s619 a e 620 and not before the Final Plan-eP4a 21 encompassing the area in which the streets, roads, or rights-of-way are to be located has been approved by the City —Fiadd many off-site impr-evemeRts that may be r-equked if dwy ser-ve the area being pla 622CY6T 23 The OWNER/DEVELOPER shall comply with all requirements of IDGT62athe Illinois Department of Transportation 625 and Kendall County regarding improvements to state and county roads. 62 B. To the extent the improvements described in Paragraph 7.A are identified on e CITY's master roadwav improvement and transportation plan as reg i ed to be 14 DRAFT 6128106 Revised 8101106 Revised 8110106 i_ ed in coniunction with the development of the Property- the CITY sha 1 cooperaft with the DEVELOPER to cause any affected u Ttv companies to relocate the u 'fides_ at e company's sole expense if the comanv is rea fired by an existing franchise or easement agreement with the City to pay for the relocation Any other required relocation of existing utiHties shaH be completed at no cost to the CITY 15 DRAFT 6128106 Revised 8101106 Revised 8110106 6288. GRADING. Prior to approval of a Final Planer629 for any ?ortion of the Property, the 6300 TY6l' shall allow, and the Devej&pW12pEVELQP ER63 may commence, excavation, mass grading, filling and soil stockpiling, as well as construction of a temporary haul road for construction vehicles and equipment, in and upon the Property . The OWNER/DEVELOPER agree to comply with Ordinance 2003-19 for these activities. 9. CONTRACTORS' VEHICLES AND EQUIPMENT. The Develeper634DEWLOPER63s's contractors' and subcontractors' supply storage trailers,vehicles, and equipment may be placed upon the Property, other than on proposed rights- of-way, and may remain upon the Property until the issuance of the last certificate of occupancy for the Property. 10. DEDICATION OF PUBLIC IMPROVEMENTS EASEMENTS AND RIGHTS- OF-WAY. A. All public improvements, including streets, storm sewers, sanitary sewers and water mains, constructed on the Property, and any easements or rights-of-way as may be necessary for the maintenance of such public improvements, shall be conveyed or dedicated to the GjtY636CM�37 following their completion by the Develepef aad satisfae4erz'" eamp'°+""" 638DEVFLOPER and acceptance by the CITY639. All such conveyances and dedications shall be accepted by the CITY in accordance with64l the Subdivision Control Ordinanceba2, provided that the Gity public improvements comply with the final engineering plans and specifications and Hunch list items generated by the CITY have been satisfactorily completed all by the DEVELOPER . Upon approval, dedications of land shall be conveyed by trustee's or quit claim deed or by recorded plat of subdivision, and, in the case of personal property, all conveyances shall be by quit claim bill of sale. T Git Shall ��+emu°ffieai "„ and 644 +t, Sub a:..,sie bas—� No further dedications of easements or rights-of-way shall be required of the DevelepefWDEVF,T.OPER 8 for any other purpose whatsoever. B. After the public improvements have been conveyed to and accepted by the WIC TY6so, the siDEVELOPER affeeb12a a bs3 to provide a one-year warranty period for said improvements. Following the warranty period, the�y6saCITYbss, at its sole cost and expense, shall be responsible for the maintenance, repair, restoration, and reconstruction of all public improvements. C. Within thirty (30) days after (a) receipt of notice from the £��6s6DFVELOPERbs7 that certain of the public improvements within a X658 as 659 or Uits660 a e have been completed, and (b) delivery to the 662 ITY663 of all required documentation, consistent with the final engineering plans and specifications, the City Engineer shall inspect said improvements and indicate, in writing, approval or disapproval of the same. If 16 DRAFT 6128106 Revised 8101106 Revised 8110106 such improvements are not approved, the reasons therefore shall, within the thirty (30) day period, be set forth in a written notice to the per-664DEVELOPER66s The reasons shall only relate to defects in labor and materials, and not to items in the nature of general and ordinary maintenance. Upon the Develepe 666DEVELOPER667'S correction of the items set forth in the notice, or objection to the alleged defects thereto, the City Engineer, at the Develepe r668DEVELOPER669's request, shall re-inspect the improvements, as set forth in the City Engineer's previous notice, and either approve or disapprove the improvements, in writing, within thirty (30) days of receipt of the Developer-670DEVELOPER671's notice requesting the reinspection. As public improvements are partially completed and paid for by the Develepe-672DEVELOPER673, the letter of credit, bond or other form of surety deposited by the e�674DEVELOPER675 with the 676 677 Develep E� CITY shall be proportionately reduced on an individual improvement-by-improvement basis. D. Wi mr 30 days-ef-&-;wiaea request fr-em the UrAted Cky efT3rit,iiie, Wliea ��an_sxn4l,ir 41,e City Of yeFI VgL 678 E. Widiia 30-days-ef a �wiftearequest fie,w the r pAted City o€ Y —..hi rsefwey by Waffaffty Deed, fee simple tit4e ef fiAufe �Aghw" or-read right of way te the State e not these r-igM ef way needs have been pr-eN4eusly idefAiified in this agreement. Sueh r-eque ronv v 1h1s 1 Vl YK, shall have ne impaet en 1x ei344 e. land 7eyele.« e, t 679 11. CONSTRUCTION GUARANTEE. The Developer68ODEVELOPER"' may provide a construction guarantee in the form of either a bond or letter of credit to secure the installation of the public improvements for a U,14682Phase683 or s684Phases68s at the time of =M��92 a Final Plan viz686 for each 1trPhase688 or 1s3Phases690 The 693 394 agrees that if the Develepe� DEVELOPER conveys the Property, or any part thereof, the City 695CM�i 96 shall release the Develeper697DEVELOPER 98 from the construction guarantee to the extent of such conveyance, provided that the new owner of the Property provides a substitute construction guarantee that is substantially similar to that provided by the Developer699DEVELoPER700 12. FEES AND DONATIONS. A. PursuafA to the East Village Amnectatiei Agreement and the Seuth Village A,.,.,ex,et;e« Agreement;; the Deyeleper- .,n the ether- signatories to s,eb, Agreements a r-equked 51 y ul� to (i) eaese-fee-title to aefes te-pass-te ve e Geomminity Seheel Distf R, and pay a eash eentFil3 en eq" te-$ as a fee in lieu; whieh land and reash eefftr-ibutieas are te be used for- seheal site pufpeses. The Pai:ties aeknew4edge and agree that-a pee en of this land an fee i lie„ nt,.:b.,,t' 11 b, ,i fer- the benefit f 11 f Westbury t.v_._v_. va ...a.v a.�ll... ,.,..... 1VV 111 11V.1 VVUUlvu{. 17 DRAFT 6128106 Revised 8101106 Revised 8110106 and ther-efer-e agree that the required land and eash in lieu eeiAfibufien to YeFkville Genffnth-AtY Seheel Distfie4 #115 and Plane Seheel Distriet #88 as a result of the fii4ffe approval ef a F-in Plan Plat for- 11 T T 4 in the Pr-e Y >a fty shall he e Z',.,1 to.701 702 Fee in Lieu-703 A The Developer agrees to nay a cash contribution equal to $ as a fee-in-lieu which cash contribution shall be used solely for the costs of constructing a school on the East Village. B. PufsuapA te the East Village Annexation Agreement and the South Village 7osThe DEVELOPER agrees 706 to (i) cause fee title to acres to pass to the uY707� C08 and (ii) pay a cash contribution equal to $ as a fee-in-lieu, which land donation 09and cash 710 contribution are are to be used ►§2 el 712 for park site purposes. The D l , d o that d agree at ,...tie of 04s lard and f e in lieu eentibufiea-Ail! be used fer- the benefit of all ef Wes4buff Village m4, ther-efer-e, agree that the r-equked land and eash in lieu eentfibutien to the City as a result of the ftttffe appr-eval ef a Fi Ul Plat fer- 11 T T t in the D Y J .,Fty sh ,l be equal t 713land donation shall be consistent or-with the approved Concept Plan and include the following land acreage j) Neighborhood Park A shall consist of acres located in substantial conformance with the ConceULP=I&n=,-t 715- ii) Neighborhood Park B shall consist of acres located in substantial conformance with the Concept Plan;716 iii.) Neighborhood Park C shall consist of acres provided that the DEVELOPER obtain appropriate contractual permission from Commonwealth Edison for the CITY to utilize a minimum of 10 adjacent acres for active recreational park usage such as soccer fields and/or basebalVsoftball playing fields at no cost either current or at any time in the future to the CITY for said usage of this property If the DEVELOPER does not receive this permission by way of contract agreement within one (1) year of the date of this Agreement the DEVELOPER agrees to contribute cash in Heu of this five (5) acre contribution at the rate provided in the CITY's Land-Cash Ordinance•�T jv) Neighborhood Park D shall consist of acres located in substantial conformance with the Concept PUD PlM"' v) Neighborhood Park H shall consist of acres including full access to the entire perimeter of the adjacent lake depicted on the Concept Plan Said 18 DRAFT 6128106 Revised 8101106 Revised 8110106 access area shall consist of land above the determined high water level and be no more than a 2% slope• vi) Neighborhood Park I shall consist of acres and shall include full access to the entire perimeter of the adiacent lake denicted_on the Concept Plan. Said access area shall consist of land above the determined high water level and be no more than a 2% slope; and T vii) Neighborhood Park J shall consist of acres located in substantial conformance with the Concent Plan.' The CITY agrees to credit &B-acres as a land donation in addition to the acre and donation listed above for the retention areas (wet ponds) depicted VLage of the Concept PUD Plan provided that• a) The wet ponds conform to all Park Development Standards for retention basins (wet ponds) defined by 3 6 2 of the Park Development Standards: b) A pedestrian connection is provided to connect Park I to Park H via an underpass(not at grade) of Westbury Boulevard;" c) A minimum of two (2) fishing piers are constructed at said wet ponds at the sole cost of the DEVELOPER with design approval of the X726 d) A boathouse facility to house bait sales boat rentAls_ concessions and Park and Recreation Department programming activities is constructed at the solt cost of the DEVELOPER adjacent to said wet md(s)."' The City agrees to credit 125 acres as land donation in addition to the 36 acre and 8.8 acre land donations fisted_above for the Bike Trail segment a depicted by the Concept Plana in I X729 The DEVELOPER agrees to design and install at the DEVELOPER's sole cost playground facilities at each of the seven (7) planned clubhouse sites depicted on the Concgpt Plan, Said playground shall meet A current AS re4t�iit•ements for playground standards C. In the instrument conveying any land to be donated hereunder, or by separate agreement, the Developer-731DEVELOPER732 shall reserve or receive such utility, roadway, drainage, construction and access easements and rights-of-way as may be necessary to facilitate the development of the Property. Such instrument of conveyance shall also provide that the grantee of the land to be donated shall agree to convey any additional easements or rights-of-way 19 DRAFT 6128106 Revised 8101106 Revised 8110106 for such purposes as may be necessary to carry out the purposes of the development of the Property consistent with the approved Preliminary Plan. D. The responsibility for the improvement and maintenance of any land donated by the Develepe 733DEVELOPER714 pursuant to this Agreement shall be accepted by the grantee thereof, and all such lands shall be used in a manner compatible with the Concept Plan, the East Village Annexation Agreement, the South Village Annexation Agreement, and with the Deueleper-735DEWLOPER736�s use, development, and enjoyment of the Property. E. 737 .F738E739. The land and fee donation requirements imposed upon the Developer-7�DEVELOPER741 by this Agreement satisfy the intended purposes of the g4'1y742C1Ty741,S land dedication and impact fee requirements for schools, parks, utilities and other public services pursuant to the Requirements of Law including, but not limited to, �74 4-=745 Ordinance No. 1996-3, as amended by �y746=74 Ordinances 2003-12, 2004-22, and 2005-37 ("School and Park Impact Fee Ordinances"), in effect as of the Petition Filing Date. Notwithstanding Section 22 of this Agreement, no increase in the GitY748c 7495s school and park land or fee donation requirements, nor any substitute or replacement school and park land or fee donations, nor any ordinance of the Gity75oCM751 ending the School and Park Impact Fee Ordinances, shall have any further application to the Property. Except as specifically provided for in this Agreement, no donation of land or Spayment of any fee to the I.I.y 752C753 shall be required of the Develeper754 DEVELOPER 7s . G. During the term of this Agreement, the Develepef756DEVELOPER717 shall have the 6& but not the ebli-getien; at its ^^ ^ 758 obligation to construct the nark improvements described in 12.B, and the right759 to construct other improvements on4he"' park site property of a kind, quality, and in locations, to be determined by the Develepef76 DEVELOPER in collaboration with the City Parks Department. The CITY shall retain fmal authority regarding the design of individual narks, trails and all associated faciUdes'6 . Such improvements shall become the property of the Yorkville Park District at the time the park site is dedicated to the District. H. The P&AieS764pARM5761 acknowledge and agree that a Gi4y766CITY767 Roadway Improvement Contribution shall be paid in an amount equal to two thousand dollars ($2,000.00) per unit on the Property up to a total not to exceed sevei3768five769 million ei& hun&ed tWel#yM i e 771-two thousand dollars and no cents ($',Q",nnn nn ,092.000.00773) ("City Roadway Improvement Contribution"). 774 To the extent the Developer nays for the costs of designing and constructing Corneils Road, Galena Boulevard.last and West Beecher Road, Westbury Boulevard. or Eldemain Road, such costs shall be credited against the DEVELOPER°s City" Roadway Improvement Contribution sha4l be paid in an amount equal te one thousand five hun&ed �3AY nine dellar-s ($1,5 4 9.00) per-unit en the Pr-epeAyf up te a total not te exeeed six WAllien fifty eight. thousand ^ e hundred d4i4y nine dell r-s and no ents ($6,058,139.00) ("Ge,no,776on a dollar for dollar basis upon the submission by the DEVELOPER of written evidence itemizing 20 DRAFT 6128106 Revised 8101106 Revised 8110/06 such costs. Any amount of City777 Roadway Improvement Contribution778779 shall be allocated on a per dwelling unit basis. 780 I. The Developer-781DEVELOPER782 agrees to contribute $100,000.00 to fund the Western Corridor Roadway Study. This study will be conducted by the Qty 783C 714 and will be used to determined the final geometry and design of the Beecher Roadway Corridor from Route 34 to Baseline Road. J Fire Department Contribution [pending discussions with Departmentl785 13. BUILDING PERMITS. A. The Gity786CM787 shall issue building permits for which the Develeper- shall apply within a reasonable period of time after the date of application therefor or within a reasonable period of time after the Gity'"CITY791's receipt of the last of the documents and information required to support such application. Such period of time shall not exceed ten (10) days where application is made by the Develeper792DEVELOPER791 pursuant to master building plans therefor approved by the Corporate Authorities, nor thirty (30) days in any other instance. If the application is disapproved, the 4gi4y794CI'I'I'795 shall provide the applicant with a statement in writing within such period, specifying the reasons for denial of the application, including specification of the requirements of law which the application and supporting documents fail to meet. The Git:Y796CITY717 shall issue such building permits within ten (10) days of the applicant's compliance with those requirements of law so specified by the GRY798CIT'I'799. B. The Develepef800DEVELOPER801 may apply for building permits to begin construction upon portions of the Property prior to the availability of storm sewer, sanitary sewer, paved streets and water facilities to serve the structures to be constructed upon such portions of the Property provided, however, that at least a stone haul road shall be in place prior to issuance of such permits and adequate areas of 802 parking is provided for private, company, and delivery vehicles. The h C�803CITY8 so hant such applications with the understanding that no occupancy permits shall be issued to such applicant until the availability of such utilities is demonstrated. The OWNER/DEVELOPER shall provide a hold harmless letter to both the Gity...CITYso6 and the Bristol-Kendall Fire Protection District. The OWNER/DEVELOPER agrees that all new fire hydrants shall be bagged until they are placed into service. C. The CitY807_=808 shall permit the Develepe 809DEVELOPER810 to install holding tanks and temporary lsewage treatment and water facilities to serve sales offices, temporary structures and models permitted under this Agreement,provided: 1. All laws governing construction, installation and operation thereof are complied with; and 2. Such holding tanks, temporary sewage treatment and water facilities are removed and disconnected, at the Develepef811DEVELOPER812's sole cost, within sixty 21 DRAFT 6128106 Revised 8101106 Revised 8110106 (60) days of the date permanent sewer and water services become available and connected to such structures. 14. CERTIFICATES OF OCCUPANCY. A. The Gitys13C814 shall issue certificates of occupancy for any dwelling on the Property within three (3) days of proper application therefor or within three (3) days of the receipt of the last of the documents or information customarily required to support such application, whichever is later. If the application is disapproved, the Gitys15 816 shall provide the applicant with a written statement specifying the reasons for denial of the application, including specification of the Requirements of Law which the application and S supporting documents fail to meet. The ys ICID 818 shall issue certificates of occupancy within three (3) days of the applicant's compliance with those requirements of law so specified by the CitY819c820 B. Temporary certificates of occupancy shall be issued by the Gity821CITyl22 when conditions within reason do not permit completion of interior and exterior work; provided that: 1. Adequate security, which may be by a bulk surety in the form of a bond, has been posted with the CitYMCITY824, or arrangements have been made with a title company designated by the de.elepe. 'DEVELOPER826, in order to ensure the completion of such improvements; and 2. Binder course streets and necessary sanitary sewer and water facilities and improvements are properly installed to serve such buildings or units. C. No certificate of occupancy shall be applied for by the Developer 827DEVELOPEW28 or issued by the GiIy821C 831 until the building or structure which is the subject of the application is connected and able to be served by an adequate sanitary sewer and water supply, provided however that the GitYVICITY832 shall issue certificates of occupancy if the access roads are not paved but contain a binder course surface. Notwithstanding the foregoing, the GitY833CITY834 shall issue temporary certificates of occupancy for model buildings and sales offices prior to the availability of sanitary sewer or water service. 15. MODELS, SALES OFFICES AND SIGNAGE. A. Develeper-835DEVELOPER831 shall have the right to construct and maintain model homes on the Property without restriction as to the number or location before the base course of asphalt is laid 837. The Develepe 838DEVELOPER839 shall be required to obtain building permits and certificates of occupancy with respect to such models, normally and customarily required by City Code, subject to the other provisions of this Agreement. The Developer 4ODEVELOPER841 may utilize such models as project offices for the marketing of the Property. 22 DRAFT 6128106 Revised 8101106 Revised 8110106 B. The Oeveleper-"'DEVELOPER%43 shall have the right to construct and maintain sales offices, including, without limitation, sales trailers, on the Property without restriction as to the number or location, in addition to the models used as sales offices described in subparagraph A of this section before the base course of asphalt is laid". The Develeper-845DEVELOPER 1141, shall have the right to construct other temporary structures, such as construction trailers. The Develeper-84'DEVELOPER841 shall be required to obtain building permits and certificates of occupancy with respect to such sales offices, normally and customarily required by City Code, subject to the other provisions of this Agreement. C. Models, sales offices,temporary structures,temporary parking lots, and signs may be constructed and maintained on portions of the Property prior to approval of a Final Plan-ef 849, provided that the Develepel=%50DEVELOPERB 1 has applied for approval of a Final Plan e� 8 2, and provided further that the location of any models are in locations consistent with the Preliminary PUD-853Plan. The Develeper-854DEVELOPER855 shall be permitted to erect temporary fencing to enclose the areas, including parking areas, around models. D. The Develeper-856DEVELOPER857 shall have the right to construct, install and maintain signs, including temporary flags for sales events, on the Property, without restriction as to number, location, or size, advertising the sale, leasing, marketing, or development of the Property. The Develeper-858DEVELOPER859 shall be permitted to illuminate the signs and models to ensure their visibility. E. The GitY861=161 shall permit the Developer862DEVELOPER863 p Develep , and its duly authorized representatives, to install temporary waste water holding tanks, water facilities and unpaved, granular roads to serve sales offices, model homes and other temporary structures permitted under this Agreement, provided that such tanks and water facilities shall be removed and disconnected, at the Developer I1RE3E1OPER861,s sole cost, at such time as public sewer and water systems become available and the structures are connected thereto and provided further that the Developer866DEVELOPER861 shall pave such roads when that portion of the Property is developed. F. Permanent entry monuments shall be allowed at each major entrance to the Property and at the entrance(s) to each separate "pod" within the Property. Said monuments shall be of brick, stone or other permanent material, and shall contain an identification sign with the name of the community and the Developer-868DEVELOPER869's name and logo. Said monuments shall not be located within any public right-of-ways or easements and shall remained owned and maintained by the HOA. G. All traffic control devices in the Property shall be designed and installed in compliance with Illinois Department of Transportation standards and specifications as provided in Article III of the Illinois Vehicle Code (625 ILCS 5/11-301 et seq.) ("LDOT Device Standards"). The Developer 870DEVELOPER871 shall have the right, at its sole discretion, to design raffic control devices characteristic to the Westbury development subject to C i��873 approval._ which approval shall not be unreasonably wit held.�74 and provided that such devices comply with IDOT Device Standards. 23 DRAFT 6128106 Revised 8101106 Revised 8110106 16. BUILDING PLANS. The Develepef875DEVELOPEW" shall have the right to submit to the Gity877CY.878 for its review and approval, a master building plan for each different model of single family dwelling to be constructed on the Property. Subsequent to the approval of any master building plan as aforesaid, all applications for building permits in substantial accordance with a master building plan shall be deemed approved by the City 879CITY"' and no further submission or approval of building plans shall thereafter be required for the issuance of a building permit for the construction of any building pursuant to an approved master building plan. Nothing herein, however, shall be construed as a waiver of the requirement that a building permit be obtained and the appropriate permit fee paid as required by the W81SM112 building code for each building to be constructed on the Property, subject to the terms of this Agreement. 17. OPEN SPACE The C-4y 883C 814 acknowledges and agrees that the proposed development depicted on the Concept Plan contains unique open space features including, but not limited to, a golf course of approximately 170 acres, approximately 149 acres of detention/retention, and other open space areas that were not necessarily contemplated for in Git}885 CITY85. ordinances, regulations, standards and rules, including, but not limited to, the open space requirements described in the Specification Standards (collectively "Open Space Laws"), that govern the amount of required open space for planned unit developments and subdivisions of the density, size, and use described in this Agreement. As a result, the-£4ty887 CITY 888 agrees and acknowledges that the open space areas incorporated into the proposed development depicted on the Concept Plan shall satisfy all Cl}889CITY890 requirements regarding the amount of required open space in lieu of any contrary or additional requirements in the Open Space Laws in effect as of the date of this Agreement, including, without limitation, standards for the amount of T891 storm water 892 detention/retention, and any and all such amendments thereto that may be adopted during the term of this Agreement. 18. SPECIAL SERVICE AREAS SPECIAL ASSESSMENTS TAXATION, AND RECAPTURE. A. Upon request of the 893 894 895 896 DEVELOPER , the C Imo' Y_ shall conduct all public hearings, enact all ordinances, and grant all approvals required by law to establish one or more special service areas pursuant to the Illinois Special Service Area Tax Law (35 ILCS 200/27-5 et seq.), special assessments or special taxes pursuant to Article 9 of the Illinois 897 Municipal Code '""�••H ^=°°I Code") 98, or similar funding mechanisms acceptable to the Deveelepefs99DEVELOPER9oo over all or,a portion of the Property as a primary funding mechanism for the design, construction, and installation of the public improvements identified by the Developer- 01DEVELOPER902 including, but not limited to, engineering, surveying, soil testing and appurtenant work, mass grading and demolition, storm water management facilities, storm drainage systems and storm sewers, site clearing and tree removal, public water facilities, sanitary sewer facilities, erosion 24 DRAFT 6128106 Revised 8101106 Revised 8/10106 control measures, roads, streets, curbs, gutters, street lighting, traffic controls, sidewalks, paths and related street improvements, and equipment and materials necessary for the maintenance thereof, landscaping, wetland mitigation and tree installation, costs for land and easement acquisitions or dedications relating to any of the foregoing improvements, required tap-on and related fees for water or sanitary sewer services and other eligible costs. At the request of the DQ" leper-903DMLOPEIZ904, the WO'CITY906 shall also adopt ordinances authorizing the issuance and sale of bonds of no recourse to the C-x}907908 in amounts sufficient to fund the public improvements to be retired over a period not to exceed forty (40) years from the date of their issuance. The bonds shall be retired by the levy of an annual tax or assessment levied against each parcel of property within the special service area pursuant to a special tax roll to pay the interest on the bonds as it falls due and to discharge the principal thereof at maturity and to pay the costs of administration and maintenance of the special service area. B The GW 9CM910 and the Illinois Department of Transportation have entered into that certain agreement attached hereto as Exhibit O"6912 for the design and construction of improvements to Route 47. Upon receipt of proceeds attributable to the Route 47 improvements to be designed and constructed on that certain portion of Route 47 north of Corneils Road and south of Baseline Road as depicted in Exhibit G9131f 14 ("Corneils Baseline Route 47 Improvements") from the bonds to be issued pursuant to paragraph 18.A of this Agreement, a separate fund shall be established ("Route 47 Fund") not to exceed five million dollars ($5,000,000) to pay for the cost of designing and constructing the Corneils-Baseline Route 47 Improvements. Should the Corneils-Baseline Route 47 Improvements fail to qualify for inclusion in the special service area to be established pursuant to paragraph 18.A' ex if the r-ry dees t, v an SSA ,915 + Reu4e 4 7 impr-...>o....0„+ 916 and, therefore, no such bond proceeds for such Improvements become available, the Developer 917 DEVELOPER 918 shall deposit five million dollars ($5,000,000) in an escrow account ("DOVelepeY DEEELOPER920's Route 47 Fund") to fund the cost of designing and constructing the Corneils-Baseline Route 47 Improvements. In order to draw funds from the Developer-921DEVEL.OPE 9229s Route 47 Fund, the W21gW24 shall submit a written request to the De-a�'DQMOPER926, including a written summary and itemization and evidence of all qualifying costs, on or before the date that is seven (7) calendar days prior to the date on such draw. All such draw requests shall be subject to the approval of the Develepe 927DEvELOPER928, which approval shall not be unreasonably withheld. C. The Develeper929DEVELOPER930 shall not be obligated to fund the Deve}epeF931DEVELOPER 32's Route 47 Fund until the Gi 33c 934 shall have established the special service area and issued bonds as described in Paragraph�18.A or identifies another funding mechanism. The G935CIIJ936 acknowledges and agrees that construction of the Corneils-Baseline Route 47 Improvements shall commence no more than two (2) years after the date on which the Route 47 Fund, or the Develepe�937DEVEL.OPER938's Route 47 Fund if applicable, is funded. If the W39CITY94° fails to commence construction within such time, the W41�.�942 shall, as applicable,—(i) reimburse the Route 47 Fund within 30 days in an amount equucallltol all such draws received by the C. amount from the Route 47 Fund for use in satisfying the outstanding debt obligations of the special service service area and (ii) reimburse the Develepef9 SDEVELOPEi_t9469s Route 47 Fund within 30 days in an amount equal to all such 25 DRAFT 6128106 Revised 8101106 Revised 8110106 draws received by the QtY947C1W4R from the Developer 49DEVELOPER950's Route 47 Fund. In the event of delays caused by severe weather, war, riot, civil commotion, explosion, fire, epidemic, government action, or court order that hinder or delay performance of the CITY's obligations hereunder, the pat4ies951PARTIES952 shall agree to a reasonable extension of time for commencing the Route 47 Improvements. In the event of delays caused by severe weather, war, riot, civil commotion, explosion, fire, epidei ment action or court order that hinder or delay performance of the CITY's obligations to commence construction of the Route 47 improvements, the ART IES shall agree to a reasQnabk extension oLtime for commgnging .. the Route 47 Improvements D. Without the prior written consent of Developer-9$6DEVELOPER957, the W"QD, " shall not (a) levy against any real or personal property within the Property, any special assessment or special taxation for the cost of any improvements in or for the benefit of the Property; or (b) impose additional taxes upon the Property, in the manner provided by law for the provision of special services to the Property or an area in which the Property is located or for the payment of debt incurred in order to provide such special services, including specifically, but not by way of limitation, the creation of"special service areas" or the levy of differential taxes with respect to or in the Property. Nothing in this section shall prevent the W _,__Y961 from levying or imposing additional taxes upon the Property in the manner provided by law for the provision of special services to the entire C—�T�962�963, which additional taxes are ratably applied to all other areas in the64CI �6-�5On a valuation basis, or from levying or imposing additional taxes upon the Property which are applicable to and apply equally to all other properties within the�966�67 E. The QtY9681CI3Y969 agrees at the request of the Developer 970DEVELOPER971, to enter into agreements for recapture for all or a portion of the cost of improvements benefiting properties not located within the Property that are constructed by the Develeper972DEVELOPER973. Each recapture agreement shall be subject to approval by the Develeper974DEVELOPER971, which approval shall not unreasonably be withheld. F. In every transaction for the sale of any portion of the Property by the Devele p976DEVELOPER977 to a entity not under the control of the per978DEVELOPER979 ("Subsequent Buyer"), the special service area informational notice attached to this Agreement as Exhibit Woff ("SSA Notice") shall be attached as a rider to the sales contract. The sales contract shall also require the Subsequent Buyer to provide a copy of the SSA Notice to any future purchaser of the Property up to and including the purchaser of the first improved unit on the Property. In addition, upon the D�982DEVELOPER983's purchase of any portion of the Property,the Develeper98 DEVELOPEW" shall record a copy of the SSA Notice with the Kendall County Recorder so that such SSA Notice shall run with the title of the purchased property. 19. ECONOMIC DEVELOPMENT INCENTIVE AGREEMENTS. 26 DRAFT 6128106 Revised 8101106 Revised 8110106 Upon request of the Develope986DEVELOPER987, the Cy988� 89 shall enact all ordinances and grant all approvals required by law to approve one or more economic development incentive agreements in substantially the form attached to this Agreement as Exhibit f9T91 pursuant to Section 8-11-20 of the Municipal Code to share or rebate up-4e 992fif y percent (50%) of the retailers' sales or occupation taxes generated by a qualified portion of the Property for a period no less than ten(10) years 993 At the request of the Develeper994DEVELOPEC, the W96,CITY997 shall also adopt ordinances authorizing the issuance and sale of bonds of no recourse to the W98 C IV999 to be paid from such retailers' sales or occupation taxes. 20. COVENANTS CONDITIONS AND RESTRICTIONS, HOMEOWNERS' ASSOCIATION. The Pafties1000PARTIES1001 acknowledge and agree that the development of the Property shall proceed in conformity with, and that no development shall occur other than in accordance with, the Concept Plan (or any Preliminary gar-1002Plans approved by the 1003 1004) and such covenants, conditions, and restrictions to be prepared by the Deelepe3DEVELOPER1006 and recorded against the Property which covenants shall include, without limitation, the joint and several obligation of the Develepe 1007DEVELOPER100a and 0wneFs10090W1yERS1010 to payment of all required development fees, costs, and contributions as provided for in this Agreement. The Deve'e^°. the eA%er-s of the dwelling units on the Pr-epefty. The hemee-A%er-s' asseeiatioa shall 1ou �5t i-1;1-; 1012The1o13 OWNERS and the_1014DEVELOPER shall establish lolsone or more declarations1o16 of covenants, conditions and restrictions, e10yZablishing one or more Homeowners Aseeia seeiatie)e= a410 sociations ("Associations") amon 1020 lot owners within the SUBJECT DDr,DIDTV and a fnaffda4 10211022 The Association shall have the primary responsibility and SUBJECT PROPERTY. A maintenaarse easement shall be established ever- all of the Geffffa Faeilities leeaked on the Final Plat for- eaeh Phase of Development fer- the Asseeiatien th-A 1023 authority to maintain all common facilities within the Property and shall lew assessments against lot owners within the Property sufficient to meet such maintenance obligations. The maintenance rgimnsibUity of th 1 Association Ail esp —-Th aiall include102 regular care, maintenance, renewal and replacement of the Gemme Z.,,,, xq1027common facilities1028 including steffwmater-1o29storm waterl030 detention areas and without limitation, the mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first 27 DRAFT 6128106 Revised 8101106 Revised 8110/06 class condition, 1031 1032 13. Darmant Seeeia4 Ser-vice—Afea —1033The1o34 OWNERS and the 1035 1036 1037 DEVELOPER agree to tat the CITY -f 4 plat appr-evals Defm may establish a10 Special Service Area( 1o40"SSA"1o41�to act as a back up in the eve„+diaA the u,,.,,ee ,%e-'s1042i1043 Association fails to maintain the PROPERTY-.-10 common facilities provided, however. no SSA tax shall be levied or assessed on any portion of the Property unless (i) there is a material failure to maintain the common facilities. (ii) the CITY provides the Association notice of such failure and (iiil the Association fails to cure such failure within 60 days of receiving such notice, Any SSA taxes levied or assessed under this paragraph shall be at rates sufficient to generate revenue to nay, and shall be used solely and exclusively. for the CITY's costs of performing the maintenance activities. 'u4:' 21. CITY INSPECTION S.1046 In the event the CITY's administration of the development of the Property requires additional personnel to conduct inspections of public improvements constructed by the DEVELOPER on the Property. the DEVELOPER shall have the right to designate a qualified engineering firm mutually acceptable to the CITY and DEVELOPER to provide inspections of such public improvements. Such inspections shall be in lieu of inspections by employees of the Citv. The cost of all services performed by such engineering firm pursuant to this Section hereof shall be paid by the DEVELOPER 22. APPLICABILITY OF LAWS AND FEES. A. No amendment to City Codes governing the development of the Property including, but not limited to, the Gity1048CITY1049's Zoning and Subdivision Ordinances, that is adopted after the Effective Date shall apply to the Property during the term of this Agreement except the following: 1. Amendments expressly required by this Agreement; and 2. Amendments to which the Owner has expressly consented in writing. $_1050&105'During the first five years following the date of this Agreement, the 1052 '7 1054 1055 City �� shall impose upon and collect from the 9�ers OWNERS and/or De e sU LOPERlos7, only those fees and charges, in such amount or at such rate, as are in effect on the Effective Date as itemized in Exhibit , IOSa on be rev�eac �z as they the-Eh, the fifth anniversary of the Effective Date and continuing through to the tenth anniversary of the Effective Date, such fees and charges in effect on the Effective Date shall be imposed in those amounts, or at those rates, in effect as of the fifth anniversary date of the Effective 28 DRAFT 6128106 Revised 8101106 Revised 8110/06 Date. On the tenth anniversary of the Effective Date and continuing through to the fifteenth anniversary of the Effective Date, such fees and charges in effect on the Effective Date shall be imposed in those amounts, or at those rates, in effect as of the tenth anniversary date of the Effective Date. On the fifteenth anniversary of the Effective Date and continuing through to the end of the term of this Agreement, such fees and charges effect on the Effective Date shall be imposed in those amounts, or at those rates,-in effect as of the fifteenth anniversary date of the Effective Date. . 23. TERM. The term of this Agreement shall be for 20 years from the Effective Date. 24. REMEDIES. A. This Agreement shall be enforceable in any court of competent jurisdiction by either of the Qty 1060CITY1061 or the Develepe 1062DEVELOPERI 063, or by any successor or successors in title or interest or by the assigns of the Pa-- Enforcement may be sought by an appropriate action at law or in equity to secure the performance of the covenants, agreements, conditions and obligations contained herein. B Developer-1066DEVELOPERI067 may, at its option, in an appropriate judicial forum, in addition to all other legal and equitable rights and remedies, seek the disconnection of the Property, or any portion thereof, as part or all of the relief requested against the citY1068c 1069 as a result of the C4tylMC 1071,s material breach of the terms of this Agreement. If a court of competent jurisdiction should make a final determination of a material breach, then the Develepef'07 DEVELOPEg1071 may submit a petition to disconnect from the citY1074c�1075, and the Git� C= , pursuant to the court order, shall promptly consent to and effectuate disconnection of the Property, or such portion thereof as the Developer-1o78DEVELOPER1079 seeks to disconnect. C. The DevelepeFloBODE 7ELoPER1081 may terminate this Agreement, and if necessary, compel the Qtyl 82��Y to disconnect the Property from the 01084=1085 upon the filing of a petition requesting such action if the �1 86c 1087 should fail to annex and zone the Property in the manner provided in this Agreement. D. In the event of disconnection pursuant to the provisions of the foregoing paragraphs B or C, the Develep 1 088DEyELOPERI089 shall not be deprived of any disbursement or repayment of any funds which the D°" 1090DEVELOPERI°91 has advanced and for which the Develepel=lo92DEVELOPERI°93 is entitled to be reimbursed or repaid, whether pursuant to this Agreement or any other agreement. Until the expiration of the time period in which the Developer may disconnect, or earlier written waiver of suc privilege. the City shall not, without the consent of Developer. annex to the Citv any property which would not remain contiguous to the City after disconnection of any part or parcel of the Property from the City. 29 DRAFT 6128106 Revised 8101106 Revised 8110106 E. In the event of a material default under this Agreement, the PaAies1o95PARimIO96 agree that the Qty"9'CC 1098 and the leper-lo99DEVELOPER1100 shall have thirty (30) days after notice of said default to correct the same prior to the non- defaulting party's seeking of any remedy provided for herein. Said thirty (30) day period shall be extended, for a reasonable time, if said default cannot reasonably be cured within said 30 day period, provided said party has initiated the cure of said default within said 30 day period and continues to diligently prosecute the cure of the same. F. If either the Gity11o1CIT 1102 or the Developer'113DEVELOPER"04 shall fail to perform any of its obligations hereunder, and the other parry affected by such default shall have given written notice of such default to the defaulting parry, and such defaulting party shall have failed to cure such default within the applicable time period provided for in paragraph E above, then, in addition to any and all other remedies that may be available, either in law or in equity, the party affected by such default shall have the right, but not the obligation, to take such action as in its reasonable discretion and judgment shall be necessary to cure such default, and in such event, the defaulting parry hereby agrees to pay and reimburse the parry affected by such default for all reasonable costs and expenses incurred by it in connection with the action taken to cure such default. G. In the event the performance of any covenant to be performed hereunder by either the per-1105DEVELOPER1106 or the Cityl107c 1108 is delayed for causes which are beyond the reasonable control of the party responsible for such performance (which causes shall include, but not be limited to, acts of God, inclement weather conditions, strikes, material shortages, lockouts, acts of civil disobedience and the revocation, suspension or inability to secure any necessary government permit, license or authority) the time for such performance shall be extended by the amount of time of such delay. H. The failure of the Pw4ies1109PART1 11lo 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. 25. MEDIATION. Any dispute which may arise relating to this Agreement between the 4t 1 1112 1113 1114 and the DEVELOPER that can not be resolved to the satisfaction of the C44y11 6 117 1118 and the Deelepe DEVELOPER shall first require 1119� 112o 1121DE R the and the D�epefVELOPE to participate in mediation in accordance with mediation practices and procedures of the Circuit Court of Illinois for the Sixteenth Judicial Circuit; provided, however, that such mediator shall be a former federal or Illinois appellate court judge, unless the ies1123PARTIES1124 otherwise mutually agree; and provided further that either parry may terminate such mediation upon (thirty) 30 days' written notice to the other party. The paFties1125PARTIES1126 agree to share equally in the costs of the 30 DRAFT 6128106 Revised 8101106 Revised 8110/06 mediation which shall be administered by one mediator acceptable to both the Qty 1127C 1128 and the Develepe 1129DEVELOPER1130. The mediator shall provide a written opinion upon the request of the Git-y CITY 32 or the Develeper-1133DEVELOPER1134. The pai4ies1135PARTIES1136 acknowledge and agree that materials filed in such mediation shall be deemed to be confidential records relating to litigation. 26. INTEGRATION AND AMENDMENT. A. This Ag8 reement supersedes all prior agreement and negotiations between the ies1137PARTIES11 relating to the Property but specifically does not supersede in any manner the terms and conditions of the East Village Annexation Agreement or the South Village Annexation Agreement. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between and among the PaFties1139PARTIES114° relative to the Party and the subject matter of this Agreement, and there are no promises, agreements, conditions, or understandings, either oral or written, expressed or implied, between or among them, other than as herein set forth. B. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the Pat4ies 1141PARTIES1142 unless reduced to writing and signed by them or their successors in interest or their assigns; provided, however, that any amendment affecting only a portion of the Property shall be effective upon the execution of an instrument by and aniong the �1143rml144, the D�11asDEVELoPER1146, and the Owner or ewers 147OWNERS1148 of such portion of the Property. C. All recitals and exhibits to this Agreement are incorporated herein by this reference. 27. APPROVALS. Whenever any approval or consent of the 1149C=, Ommers1150, or or or any of S1153theiirl s4 departments, officials or employees is called for under this Agreement, the same shall not be unreasonably withheld, conditioned, or delayed. 28. SEVERABILITY. In the event any provision, phrase, paragraph, article or portion of this Agreement is found to be invalid, illegal or unenforceable by any court of competent jurisdiction, such finding of invalidity, illegality or unenforceability as to that portion shall not affect the validity, legality or enforceability of the remaining portions of this Agreement. If, for any reason, this Agreement, or any provision hereof, is ruled invalid, in whole or in part, the C-ity1155-=1156 shall expeditiously take such action(s) (including the giving of such notices, the holding of such public hearing and the adoption of such ordinances and resolutions) as may be necessary to give effect to the spirit of this Agreement and the intentions of the PaAies1157PARTnS11s as 31 DRAFT 6128106 Revised 8101106 Revised 8110106 reflected by the terms of this Agreement. Neither the PaAies PARTIE51160, nor any party claiming by or through them, shall contest or dispute the validity, legality or enforceability, or assert the invalidity, illegality or unenforceability, of any phrase, paragraph, article, or provision of this Agreement or of any ordinance adopted by the city1161CITY1162 pursuant to this Agreement. 29. ASSIGNMENT. This Agreement shall be binding upon and inure to the benefit of the PaAies"63 respective successors and assigns, including successor members of the Corporate Authorities and successor grantees, purchasers, and e�A%er-s1165OWNEI2S1166 of the Property. 30. TIME Time is of the essence of this Agreement and all documents, agreements and contracts pursuant hereto. 31. NOTICE. All notices, elections or other communications between the P-ias1167pARTIE51168 hereto shall be in writing and shall be mailed by certified mail, return receipt requested, postage prepaid, or delivered personally, to the Pa#ie s1169PAR M1171 at the following addresses or such other address as the PaAies 1171r4ku ml 172 may,by notice, designate: If to the CitY1173c 1174: United 1171City of Yorkville 800 Game Farm Road Yorkville,IL 60560 Attn: 11761177 Manager with a copy to: John Wyeth, Esc. city1178c 1179 Attorney 800 Game Farm Road Yorkville,IL 60560 If to the Developer118ODEVELOPER"": Michael J. Ferraguto Ocean Atlantic Chicago LLC 1800 Diagonal Road Suite 425 Alexandria, VA 22314 and Patrick J. Hughes Ocean Atlantic Chicago LLC 32 DRAFT 6128106 Revised 8101106 Revised 8110/06 1751 W. Diehl Road, Suite 130 Naperville,IL 60563 with a copy to: David S. Warner, Esq. Freeborn&Peters 311 S. Wacker Dr., Suite 3000 Chicago, IL 60606 If to the O�xer-9 a E lls�: [List AU A to 118 11851 Notices shall be deemed received on the third business day following deposit in the U.S. mail, if given by certified mail as aforesaid, and upon receipt, if personally delivered. 32. RIGHTS CUMULATIVE. Unless expressly provided to the contrary in this Agreement, each and everyone of the rights, remedies, and benefits provided by this Agreement shall be cumulative and shall not be exclusive of any other rights, remedies, and benefits allowed by law. 33. JOINT AND SEVERAL LIABILITY. All liabilities, obligations, and duties provided for in this Agreement are the joint and several liability, obligation, and duty of the D 187. 34. GOVERNING LAW. This Agreement shall be governed by, and enforced in accordance with,the internal laws,but not the conflicts of laws rules, of the State of Illinois. 35. COUNTERPARTS. This Agreement may be signed and executed in one or more counterparts with each having the effect of original signature. [SIGNATURE AND EXECUTION PAGES TO BE ADDED] 1188 1174217x21189 33 DRAFT 6128106 Revised 8101106 Revised 8110106 EXHIBIT F1190 11490741 n1191 Name of Fee Amount Time of Payment Paid to School strict 111 Di 3.000 per office prior to issuance —95 School District Transition Fee1196 knit for buildina permit At time of building permit, paid at City Hall wit 211 Yorkville Bristol Sanitary District Connection $1.400 pe separate check made out 99 1200 unitr Paid for entire development, at time of $12 Yorkville Bristol Sanitary District Annexation $$.523 per annexation to sanitary —03 Eft 1204 acr distdd1 Paid for entire development, at time of 4_12 Yorkville Bristol Sanitary District $3,523 per annexation to sanitary_ o7 Infrastructure Fee am LZU9 district ¢ $650 + $.0.20 er —11 Buildina Permit Fee 1212 sgMM fop� Building Permit1214 3.700 per —15 Water Connection Fee1216 ilnit ��— Building Permit1218 Z Water Meter Cost (not applicable to fee —19 ip 12 $390 per unit 1221 Building Pennh1222 $12 S2,000 peg 23 Cry Sewer Connection Fee1224 unit 1.23 . 1226 27 Water and Sewer lnsMtion Fee 122s $25 per unit 1229 Building Permit 123o 1Q I Public Walks and Driveway Ins en ction 231 f 23 $35 per unit 1233 Building Permit1234 Ila 7 3 Public Works(Development Impact Fee)1236 $700 per unit1232 t Building Penn 123s h� —39 Poloce(Development Impact Fee11240 $300 per-unit Buildina Permit1242 I —43 Libra Development Impact Feel1244 $500 per unit 1245 Buildina Permit1246 11g 1f47 (Development Impact Feel1248 $50 per unit 1249 Buildina Permit 1250 1237 Engoneerong 1252 . 1253 Buoldanami 1254 1 $' Bristol Kendall Fire District (Development S1,000 per 55 mpact Feel !il]jt I Building Permit 1258 34 DRAFT 6128106 Revised 8101106 Revised 8110106 Buildina Permit or Final Calculated by_ Plat, depending on ordinance. annexation/development 121 S80,000 -W agreement and land/cash 259 Parks Land Cash Fee 1260 acre za _- Buildina Permit or Final Calculated by Plat, depending on ordinance. annexation/development 1$1 580.000 per agreement and land/cash N3 School Land Cash Fee 1264 a! 14 $2.000 per 277 Road Contribution Fund 1268 unnr16g Building Permit 1270 1f 271 1272 1273 Final Plat 1274 1.75% of Ena Estimate of Cost Of Land iZ1 Improvements 275 Administration Review Fee 1276 77 Final PIat1278 1.26% of Eng Estimate of Cost Of Land 1$1 _Improvements 279 Engineering Review Fee 1280 81 Final PIat1282 35 Document comparison done by Workshare Professional on Thursday, August 10, 2006 10:06:53 AM Document 1 interwovenSite://CHIDM001/dmsdb1/1171253/2 Document 2 interwovenSite:HCHIDM001/dmsdb1/1174217/2 Rendering set Standard no color Ingrtign Dete 6 aqa Meved fre-m— Moved to Style change Format change Inserted cell Deleted cell Moved cell S lit/Mer ed cell IPadding cell MEN= Count Insertions 702 Deletions 573 Moved from 2 Moved to 2 Style change 0 Format chan ed 3 Total changes 1282 Co.c United City of Yorkville Memo 800 Game Farm Road E 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 ALE Date: August 11, 2006 To: Mayor, City Council, and Department Heads From: Lynsey Johnson Kawski, Administrative Assistant Subject: PC 2006-43 Westbury Plat of Annexation Please refer to the July 26, 2006 Plan Commission packet for Westbury's plat of annexation. rC� Reviewed By: Legal ❑ City Council En Finance ❑ Engineer ❑ ^�- City Administrator ❑ Agenda Item Tracking Number Consultant ❑ PC 2006-53/54/55 Human Resources ❑ City Council Agenda Item Summary Memo Title: Bristol Bay Units 8, 9 and 10—Final Plat City Council/COW/Committee Agenda Date: August 15, 2006 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: r`-0) CO. United City of Yorkville Memo 800 Game Farm Road M - is Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 <LE" Date: August 8, 2006 To: Economic Development Committee/COW From: Travis Miller, Community Development Director Subject: Bristol Bay Units 8,9 and 10 Request: Final Plat Background: 1. Plan Commission is scheduled to review August 9, 2006 Staff Comments: The Final Plats for Bristol Bay Units 8, 9 and 10 substantially conform to the approved Preliminary Plans. Refer to the following attached staff reports: • Final Landscape Plan comments prepared by Laura Haake July 18,2006 • Final Plat comments prepared by Rebecca Houseman and Anna Kurtzman July 20, 2006 • Final Engineering Plan comments prepared by EEI July 14, 2006 • Unit 8 Final Plat comments prepared by EEI July 19, 2006 • Unit 9 Final Plat comments prepared by EEI July 19, 2006 • Unit 10 Final Plat comments prepared by EEI July 19,2006 Recommendation: Approve Final Plat subject to all staff comments. United City of Yorkville Memo 800 Game Farm Road M. Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 LE Date: July 18, 2006 To: Lynsey Kawski From: Laura Haake CC: Travis Miller,Dave Mogle,Joe Wywrot,Anna Kurtzman Subject: Bristol Bay Phase II Final Landscape Plan I have reviewed the Final Landscape Plans dated June 9, 2006 by SEC Planning Consultants and have prepared the following comments: Final Landscape Plan Review: 1. All street trees must be a minimum of 20 feet away from all street lights,fire hydrants, etc.Adjust the site design according to these standards. 2. Street trees should not be within 30 feet of the right of way at residential street intersection. Adjust the site design to reflect these standards. 3. Plan quantities called out on the plant list do not match the total amount listed in the table. For example,the plan quantities state that 3,176 shrubs are on the plan, when only 2,279 shrubs are called out on the plant list. Please correct or clarify. July 20, 2006 To: Travis Miller From: Rebecca Houseman and Anna B. Kurtzman,AICP Subject: Plan Review of Final Plat of Subdivision for Bristol Bay P.U.D. Units 8, 9, & 10 After reviewing the Final Plat of Subdivision for Bristol Bay P.U.D. Units 8, 9, & 10 located northeast of Highway 47 and Galena Road in the City of Yorkville for compliance with the Zoning Code, staff has the following concerns: UNIT 8—Park/Greenspace Dedication 1. As a subdivision plat, the building setback line must be indicated. Although the land is dedicated for parkland and greenspace, the building setback line is required by the Subdivisions Ordinance for any possible future park improvements(11-3-4A-6). UNIT 9—Condominiums (Multiple Family Dwelling) 1. The building setbacks are not shown within the condominium lots, and should be shown to determine compliance with the zoning code (10-6F-4B-1). Further, garages are not shown on the plan. On the engineering and landscape plans, the garages are proposed to be located in what the final subdivision plat shows as a blanket easement. Because nothing can be built in an easement, the subdivision plat must include the locations of the garages and note that the garages are an exception to the blanket easement. 2. The number of units is required to determine the number of required parking spaces (10-11- 4A). Further, the size and dimensions of the parking spaces must be shown to verify compliance with the zoning code (10-11-3C). UNIT 10—Townhomes(Multiple Family Dwelling) 1. The front, side(s), and rear yard setbacks must be shown and follow the dimensions set forth in the zoning code (10-6E-4A). Examples of lots that do not meet the setback requirements include lots 1727, 1729, 1711, and 1712 because the front yards are all 20 feet instead of the required 30 feet. Also, the front yard setbacks are not shown on several lots including 1728 and 1731. For the purposes of zoning review, staff did not check every lot. However, the applicant should check all lots to ensure compliance. Upon resubmittal, staff will perform a complete review. 2. Compliance with the parking aspect of the zoning code cannot be determined from the submitted subdivision plan. The code requires two enclosed parking spaces for each unit (10-11-4A). After briefly reviewing the engineering plans, we found that half of the townhomes have one enclosed parking space, and the other half have two enclosed parking spaces. Further, aisle width and parking space width and length cannot be determined from the plan(10-11-3C). A plan showing compliance with the zoning code is needed. LANDSCAPE PLANS 1. Monuments are not outlined in the landscape plan; however, page L3 features what appears to be a monument surrounded by landscaping. If indeed there is a monument on the subject property,the details of the monument should be outlined in the plan. 52 Wheeler Road • Sugar Grove,IL 60554 TEL: 630 1466-9350 ft, FAX:630/466-9380 www.eelweb.com Engineering Enterprises, Inc. July 14, 2006 Mr. Joseph A. Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Bristol Bay Subdivision, Phase 2, (Centex Homes) Final Engineering Review#1 United City of Yorkville, Kendall County, Illinois Dear Mr. Wywrot: Our review of these plans is to generally determine the plan's compliance with United City of Yorkville's Subdivision Control Ordinance and Soil Erosion and Sediment Control Ordinance (SESCO). This review and our comments do not relieve the developer, the designer or any contractors from their duties to conform to all required codes, regulations, and acceptable standards of engineering practice and construction means and methods. 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. We have reviewed the plan submittal for the referenced subdivision, for the purposes described above. The review consisted of the following material received to date: • Final Engineering Plans for Bristol Bay Subdivision, Phase 2, prepared by Smith Engineering Consultants, Inc. consisting of 37 sheets with revision date of June 9, 2006. • Engineering Report for Bristol Bay PUD, Phase 2, prepared by Smith Engineering Consultants, Inc. with revision date of June 12, 2006. • Engineer's Opinion of Probable Construction Cost prepared by Smith Engineering Consultants, Inc. dated June 9, 2006. Our comments and recommendations are as follows: Consulting Engineers Specializing in Civil Engineering and Land Surveying Mr. Joe Wywrot July 10, 2006 Page 2 of 15 1. Permits or Sign-offs will be required from the following agencies: a. Yorkville-Bristol Sanitary District regarding Sanitary Sewer Facilities. b. (IEPA) Division of Water Pollution Control regarding Sanitary Sewer Facilities. c. (IEPA) Division of Public Water Supplies regarding water supply and distribution. d. (IEPA) Division of Water Pollution Control regarding a Notice of Intent (NOI) General permit to discharge storm water. GENERAL 2. Each sheet should contain a notation giving the total number of sheets in the document and should show the relation of that sheet to other sheets (i.e. Sheet_of 37). 3. Contact information for the United City of Yorkville and the Yorkville-Bristol Sanitary District should be included in the plans. The engineer should make the appropriate revisions. 4. All easements and setbacks should be shown on the engineering plans to ensure that the overland flow route, major drainage ways, and all utilities are constructed within easements and not within setback fines. 5. All utility companies should review the easements to confirm their utilities will lie within the easements. The developer should provide proof of their review. SPECIFICATIONS, GENERAL NOTES, SYMBOL LEGEND, & STANDARD ABBREVIATIONS 6. General Note No. 1.E should be revised to read, "United City of Yorkville Subdivision Control Ordinance and Standard Specifications for Improvements". (SHEET 2) 7. General Note 1.H should be added that states "Soil Erosion and Sediment Control Ordinance for the United City of Yorkville" adopted May 11, 2003. (SHEET 2) 8. A note should be added under the General Notes stating no utility structures will be permitted in paved areas including roadways, curb and gutter, sidewalks, pedestrian/bike paths, and driveways (except curb inlets and catch basins that are designed to be installed along the curb and gutter line). (SHEET 2) 9. Under Note No. 4.E in the General Notes on sheet 2, the reference to sand should be eliminated. All trench backfill should be CA-7 aggregate. (SHEET 2) G:\Public\Yvrkville\2004\YO0405 Centex Homes-Galena Road'\.docs\h\ywrol 14-Final Fn,01 Phase2.doe Mr. Joe Wywrot July 10,2006 Page 3 of 15 10.Note No. 4.F in the General Notes on sheet 2 should be deleted. (SHEET 2) 11.The following verbiage should be added to Note No. 5 under General Notes: (SHEET 2) ✓ If subgrade conditions are excessively sensitive to moisture or other special conditions, a capped, perforated, plastic underdrain may be required under the curb and gutter. All storm water conduits 12" diameter and larger should be internally televised in color just prior to City acceptance, and should be free of defects, sags, dirt, and debris. All non-RCP storm sewers should also be mandrel tested just prior to City acceptance. 12.Note No. 7 in the General Notes should be revised to specify the following sewer grates, frames, and lids: (SHEET 2) ✓ Continuous Flow Inlet Grate = R-3286-8V ✓ Low Point Inlet Grate = R-3015 ✓ Closed Lid Storm Manhole = R-1772 (with "City of Yorkville" and "Storm" cast into the lid) ✓ Open Lid Storm Manhole (or inlettcatch basin) = R-2502 13.A sentence should be added under Note No. 7 in the General Notes to state the use of adjusting rings is limited to 8". (SHEET 2) 14.The following note should be added as part of Note No. 7 in the General Notes: (SHEET 2) "All sections of the manholes should be completely sealed and butyl rope should be provided, including the casting. Manholes should not be allowed in the pavement, curb, gutter, or sidewalk. All flared end sections 15" or larger should have grates." 15.The first sentence under Note No. 8.13 in the General Notes should be revised to read: (SHEET 2) "Before construction of the road base, all subgrade and granular subbase surfaces should be proof rolled with a minimum of a rubber tired, fully loaded 10 CY dump truck." 16.The following notes should be added under No. 8.13 in the General Notes: (SHEET 2) ,/In areas where undercutting of subgrade is required, the bottom of the excavation should be lined with a woven geotextile (Amoco 2002 or approved equal) and backfilled with CA-3 aggregate. ,/The aggregate base course should be compacted to a minimum of 95% modified proctor and should be free of all dirt and debris. It should be proof rolled and approved by the City Engineer. 17.The Specifications and General Notes from Sheet 36 should be moved and incorporated into the General Notes on Sheet 2. The notes should not be duplicated or contradict each other. G:\Public\Yorkville\2004\YO040i Centel Homes-Galena Road does\h%ymrot]4-Final Eng 01 PhaseIdoc Mr. Joe Wywrot July 10, 2006 Page 4 of 15 18.General Note 9.13 should be revised to state "Smith Engineering Consultants, Inc." and "Bristol Bay Subdivision—Phase 2". 19.AI1 fittings, valves and hydrants should be restrained and adequately blocked with pre-cast blocks and poured in place thrust blocking against undisturbed earth. Water Main Note No. 3 should be amended accordingly. (SHEET 3) 20.The following note should be added after the first paragraph in Note No. 8 under the Water Main Notes: (SHEET 3) ✓Allowable recovery should conform to the Standard Specifications for Water and Sewer Main Construction. The water operator in charge or person authorized by the water operator in charge should be present during all testing. The developer should use the pressure gauge supplied by the City for the test. 21.New water main should be disinfected in accordance with AWWA standard C601. The engineer should revise Water Main Note No.9 accordingly. (SHEET 3) 22.The following note should be added after the first paragraph in Note No. 9 under the Water Main Notes: (SHEET 3) ✓Sampling will be taken by the water operator in charge or persons authorized by the water operator in charge. 23.The following note should be added after the third paragraph in Note No. 9 under the Water Main Notes: (SHEET 3) ,/Water should pass sampling tests on two (2) consecutive days. 24.Separate symbols should be used for storm catch basin structures and inlet structures. The Symbol Legend should be revised accordingly. (SHEET 4) 25.The following abbreviations used in the plans should be added: (SHEET 4) ,/T1 F CL ✓CL A2 ✓T8 G 26.The callout specifying geotexile fabric in the typical street cross-sections should be revised to state that the geotextile should have a full 18-inch overlap. (SHEET 4) MASTER UTILITY PLAN 27.All streets should be labeled. The engineer should revise the plans accordingly. (SHEETS 6 & 7) 28.The trench backfill shading does not line up with the proposed watermain at the southeast comer of lot 1737 where watermain tags 169 and 143 intersect. The engineer should revise the plans accordingly. (SHEETS 6, 15 & 16) G:\PUhIIC\Yorkvllle\2004\YO0405 Centex Homes-Galena Road\docs\Iwywrot I4-Final Eng 01 PhaseIdoc Mr. Joe Wywrot July 10, 2006 Page 5 of 15 29.There are two storm tags labeled 169 adjacent to lot 1737. The engineer should revise the plans accordingly. (SHEET 6) 30.The storm sewer with tag 423 is shown continuing off the sheet into phase 3. It should either be stubbed to the west of the sidewalk along the parking stalls at approximate station 5201+10 on Monterey Avenue or show the next structure upstream from storm structure 422. If the storm sewer is stubbed then it should be noted on the plan & profile sheet to cap it and the proposed invert shown. The engineer should revise the plans accordingly. (SHEETS 6, 12 & 14) 31.The lead lines from Storm sewer tags 422 and 507 point to an extra line and structure symbol that appear to be drafting errors. The engineer should revise the plans accordingly so that the lead lines point to the actual proposed storm sewer. (SHEET 6) 32.The sanitary sewer with tag 178 is shown continuing off the sheet into phase 3. The next upstream manhole from sanitary manhole 177 should be shown on the plans with the sanitary tag labels and information provided on the plan and profile sheet. The engineer should revise the plans appropriately. (SHEETS 6 & 12) 33.The storm tag is missing for the structure with pipes 501 and 503 entering the structure. It is shown as structure 502 on the plan and profile sheets. The engineer should revise the plans accordingly. (SHEET 6) 34.The last storm sewer structure on a line before it enters the trunk line should be a catch basin with a two foot sump per page S-8 of the Standard Specifications for Improvement. The symbol and storm tag information should be revised to catch basins for the following structures: a. Storm Structure 322 (SHEETS 7 &25) b. Storm Structure 152 (SHEETS 7 & 25) c. Storm Structure 304 (SHEETS 7 &25) d. Storm Structure 308 (SHEETS 7 &25) e. Storm Structure 274 (SHEETS 7 &25) f. Storm Structure 278 (SHEETS 7 &25) g. Storm Structure 258 (SHEETS 7 &25) 35.Catch basins should not be located over the storm sewer trunk line per page S-8 of the Standard Specifications for Improvement. The storm sewer layout between structures 134 to 128 does not meet this requirement. The engineer should make the following revisions: (SHEETS 7 &26) a. Remove storm sewer with tag 133 b. Change storm structure 132 to an inlet c. Change storm structure 130 to a catch basin d. Extend the storm trunk line between structures 134 to 128. Note that the layout of the future sanitary sewer manhole will have to be revised during phase 3 due to a conflict with the revised storm sewer. G:\Puhlic\Yorkville\2004\YO0405 Centex Homes-Galena Road\docsU%NY%�7ot14-Final Eng 01 Phaseldoc Mr. Joe Wywrot July 10, 2006 Page 6 of 15 e. Change storm structures 134 and 128 to manholes. 36.No water valve vaults or valve boxes shall be located in pavement areas per page S-13 of the Standard Specifications for Improvement. The following do not meet this requirement and the engineer should revise the plans accordingly: (SHEET 7) a. B-boxes for water service lines to Lot 2027 b. B-boxes for water service lines to Lot 2043 c. Valve 200 d. B-boxes for water service lines to Lot 2028 e. Valve 218 f. Valve 211 GEOMETRIC & SIGNAGE PLANS 37.The existing conditions from Phase 1 should be shown as light for the areas adjacent to the proposed work. The proposed conditions should be dark and shown how they tie into the existing conditions (i.e. proposed buildings, proposed entrances into the existing road, sidewalks, etc). The engineer should revise the plans accordingly. (SHEETS 9 to 11) 38.The following information is not shown on the geometric plans: a. Proposed buildings b. Proposed sidewalks c. Horizontal curve geometric information. d. Dimensions (pavement width, parking island width, dimensions from back of curb and buildings to the property lines, etc.) e. The parking spaces provided off of the roads have curb shown along the radius of the edge of pavement but it is not noted if it is to be depressed curb. PLAN AND PROFILE SHEETS 39.The motorcourts should be numbered for easier reference. The engineer should revise the plans accordingly. 40.The last General Note on the Plan & Profiles refers to the Intersection Detail Plans for geometries but the curb radii, sidewalk widths, parking stall dimensions, etc. are not shown on those plan sheets. The engineer should revise the plans accordingly. 41.The sanitary sewer and watermain pipe material should be included in the pipe callouts on the plan & profile sheets. (SHEETS 12 to 24) 42.The 5.5 foot minimum watermain cover requirement should be denoted in the profile views. The engineer should revise the plans accordingly (SHEETS 12 to 24) 43.Sanitary and storm sewer should not cross water main and should not be closer than 10' when parallel to water main, whenever possible. If these conditions are unavoidable and water main is greater than 18" above the sewer, no water main protection is required. If GAPublifforkville\2004WO040�Cente-x Homes-Galena Road\does\lN y"rutl4-Final En.-01 PhaseIdoc Mr. Joe Wywrot July 10, 2006 Page 7 of 15 these conditions exist and the water main is any closer than 18"when above the sanitary or storm sewer OR if the water main is below the sanitary or storm sewer, then water main protection is required. If the water main is below the sanitary or storm sewer, it cannot be closer than 18" under any conditions. Periodically, water main will require to be "dipped" in order to maintain the 18" separation. A note should be added to the plans stating vertical fittings should not be used to dip water main. Instead, pipe deflection should be utilized. Water main protection should be clearly and consistently marked on all plan and profile sheets. We recommend the following to make it more apparent to the contractor where the locations are: a. The engineer should bold the text "WA. Lowering Required" or"W.M. Service Lowering Required" in the Conflict Tag callout boxes where it is required. b. The engineer should revise the profile sheets adding the note "1.5" Minimum Vertical Separation"with a dimension double-sided arrow from the bottom of the higher pipe and top of the lower pipe at each location where lowering the watermain is required. 44.Note No.1 states "For all storm sewer tag information see grading plan sheets X-X." The engineer should revise the note to include the actual grading plan sheet numbers. (SHEETS 12 to 18) 45.The callouts for the boring and jacking of the watermain and sanitary sewer under existing Rosenwinkel Street should include the approximate length of casing pipe, the diameter and material of the casing pipe, the spacing of the spacers, if the casing pipe is to be filled with pea gravel, etc. The engineer should revise the callouts appropriately. (SHEET 13) 46.The directional labels for the inverts in the callout box for Sanitary Manhole 115 are incorrect. The labels "NW" and "SE" should be "NE" and "SW", respectively. The engineer should revise the callout accordingly. (SHEET 13) 47.The water tag label for Valve Vault 137 is not shown. The engineer should revise the plans accordingly. (SHEET 14) 48.The matchline label on sheet 14 at station 5314+50.00 on Santa Monica Street in the profile is incorrect. The engineer should revise it to state"See Sheet No. 15". (SHEET 14) 49.Conflict tag 47 should note that W.M. Lowering Required is required. The engineer should revise the conflict tag accordingly. (SHEET 15) 50.A vertical curve is required at station 5321+79.07 on Santa Monica Street. The requirements are listed in Figure 2 of the Standard Specifications for Improvements. The engineer should make the appropriate revisions. (SHEET 15) 51.There is a discrepancy between the stationing shown in the callout boxes in the plan and profile views for sanitary tag 141. The plan view station of 5316+76.75 appears to be the correct value. The engineer should revise the plans appropriately. (SHEET 15) G:\Public\Yorkville\''?004\YO0405 Centex Homes-Galena Road\does\Iw�\+rot14-Fina1 Eng 01 Phaseldoc Mr. Joe Wywrot July 10,2006 Page 8of15 52.The pipe slope shown in sanitary sewer tag 172 is incorrect. The engineer should revise the slope to 1.35%. (SHEET 15) 53.The matchline label at station 5314+50.00 on Santa Monica Street in the profile is incorrect on sheet 15. The engineer should revise it to state "See Sheet No. 15". (SHEET 15) 54.The proposed watermain that is located between valve 173 and the existing watermain along Rosenwinkel Street should have a water tag assigned to it with a callout box with the appropriate information. Also, the proposed watermain and valve vault to service the future fire station should have water tags and callout boxes as well. The engineer should revise the plans accordingly. (SHEET 16) 55.Water Tag 173 shows a rim elevation of 661.50±. The engineer should revise the callout to show the as-built rim elevation. (SHEET 16) 56.The station for fire hydrant 170 and valve box 171 are shown as the same. The engineer should revise water tag 171 appropriately. (SHEET 16) 57.The stations are not marked properly on the centerline of Monterey Avenue in the right Motorcourt plan view on sheet 17. There is more than 50 feet between the 50 ft tick mark and station 5205+00. Also, the station shown in the callout box associated with sanitary tag 123 is incorrect. The engineer should revise the plans appropriately. (SHEET 17) 58.The stations are not marked properly on the centerline of the left motorcourt plan view on sheet 18. The end of the pavement is not station 5701+28.95. Also, the stations shown in the callout boxes associated with sanitary tag 195 and water tag 160 are incorrect. The engineer should revise the plans appropriately. (SHEET 18) 59.The stations shown in the callout boxes associated with sanitary tag 191 and water tag 168 are incorrect in the right Motorcourt plan view on sheet 18. The engineer should revise the plans appropriately. (SHEET 18) 60.The slopes of the proposed profile grade line should be labeled. The engineer should revise the plans appropriately. (SHEETS 19 to 24) 61.The proposed watermain associated with water tag 109 is not shown in the profile view. The engineer should make the appropriate revisions. (SHEET 23) 62.The pipe invert elevations given in the callout associated sanitary manhole tag 99 do not differentiate between proposed and existing. The engineer should make the appropriate revisions to the callout. (SHEET 24) G:V'uhlic\Yorkvillc\2004\YO0405 Centex Homes-Galena RoadklocAlwywrot 14-Final Eng 01 PhascIdloe Mr. Joe Wywrot July 10,2006 Page 9 of 15 FINISH GRADING & EROSION CONTROL PLANS 63.The Finish Grading and Erosion Plan sheets are difficult to read. The following are a list of general comments that the engineer should address: (SHEETS 25 8t 26) a. There should be a distinct difference in line weights, darkness, etc. to distinguish the proposed conditions from the existing conditions. The proposed and existing roads, buildings, etc. both are shown as light. b. A general note should be added to each grading plan sheet that specifies if the proposed spot elevations provided along the curb line are either top of curb elevations or edge of pavement elevations. c. The proposed buildings should be simplified to one heavy line around the perimeter of the building footprint and then a single line delineating each of the townhomes/condos. d. Proposed and existing 1 foot contours should be added to the drawing. e. Spot elevations and 1 foot contours should be shown for the portions of phase 1 that are adjacent such as along Rosenwinkel Street. f. Proposed erosion control measures should be denoted on the plans. g. All roads and motorcourt names should be clearly labeled on the grading plans. h. The general note that any existing field tiles that are encountered during construction should be repaired or tied into the storm sewer system should be added to the grading plan sheets. L The top of foundation and lowest opening of the buildings should be at least 1.5 feet above side yard pop points. A majority of proposed top of foundation elevations do not meet this requirement. j. The lack of individual labels for the garage structures leads to problems referring to certain areas in the condominium portion of the site. The lack of road centerline stationing for the farthest north area adds to this problem. k. There are locations on the grading plans where two spot elevations are given for the same location or one spot elevation and rim elevation given in the storm tag information. In most instances, the elevation difference was 0.44 feet but in a few instances the difference varied between 0.54 to 0.74 feet such as at storm structure 270. The engineer should clarify what the typical distance is and if it is the distance between the top of curb and flowline or edge of pavement and then make any necessary revisions to the plans. 64.The minimum allowable longitudinal slope along roads is 0.5%. The following areas do not meet this requirement and should be addressed by the engineer. a. Between spot elevation 660.52 and rim elevation 660.49 for storm tags 504 & 506 (SHEET 25) b. On Santa Monica Street from station 5312+00 to the high point at station 5312+50 then to station 5313+00 (SHEET 25) c. On Santa Monica Street between stations 5314+50 and 5315+00 (SHEET 25) d. On Santa Monica Street between stations 5315+50 and 5316+00 (SHEET 25) e. On Santa Monica Street between stations 5316+70 and 5317+00 (SHEET 25) f. On Santa Monica Street between stations 5317+50 and 5318+00 (SHEET 25) g. On Santa Monica Street between stations 5320+00 and 5320+50 (SHEET 25) GANNic\YorkviIleV.O04\YO040>Centex Homes-Galena Road\do&JNyATo114-Fina1 En.-01 PhaseIdoc Mr. Joe Wywrot July 10,2006 Page 10 of 15 h. On Santa Monica Street between stations 5321+50 and 5321+90.57 (SHEET 25) i. On the Motorcourt between lots 1711 and 1712 between centerline spot elevation 660.82 and Santa Monica Street (SHEET 25) j. In the condominium portion of the site between storm structure 320 and spot elevations 661.20 and 661.45. k. In the condominium portion of the site at approximate station 7020+90, the 661.20 spot elevation will create a low spot at spot elevation 660.20 to the north (SHEET 26) I. In the condominium portion of the site at approximate station 7900+30 between spot elevations 661.20 and 660.00 (SHEET 26) 65.At high and low points on the roads, proposed spot elevations should be provided at the road centerline, top of curb and the corresponding location on the adjacent lot lines. Flow direction arrows should be provided at the high and low points on the road centerline to demonstrate the break points. The following areas should be addressed by the engineer: a. The apparent high point on Monterey Avenue between stations 5203+00 and 5203+50 (SHEET 25) b. The apparent low point on Monterey Avenue at approximate station 5204+75 (SHEET 25) c. The apparent high point on Monterey Avenue between stations 5205+50 and 5206+00 (SHEET 25) d. The apparent low point on Monterey Avenue at approximate station 5207+75 (SHEET 25) e. The apparent high point on Monterey Avenue between stations 5208+50 and 5209+00 (SHEET 25) f. The apparent low point on Santa Monica Street at approximate station 5314+10 (SHEET 25) g. The apparent high point on Santa Monica Street between stations 5315+00 and 5315+50 (SHEET 25) h. The apparent high point on Santa Monica Street between stations 5318+00 and the intersection with San Diego Lane (SHEET 25) 66.The following areas do not meet the grading requirements for turf areas and should be addressed by the engineer: a. The east side yard of lot 1733 between spot elevation 661.80 and the finish grade elevation at the townhomes of 661.50 (SHEET 25) b. The side yard swale of lots 1748 / 1749 between the finish grade elevation at the townhomes of 663.20 and spot elevation 663.20 (SHEET 25) c. The rear yard of lot 1710 between the finish grade elevation at the towhomes and spot elevation 662.00 (SHEET 25) d. The rear yard of lot 1709 between the finish grade elevation at the townhomes and the spot elevation of 662.20 (SHEET 25) e. The side yard swale of lots 1728 / 1729 appears to be missing a "pop point" located between spot elevation 660.63 and the rim elevation of 660.30 for storm structure 286 (SHEET 25) G:\Public\Yorkville\2004\YO040i Centex Hornes-Galena Road\does\hvN'Wrot)4-Final F..ng 0I PbaseIdoc Mr.Joe Wywrot July 10, 2006 Page 11 of 15 f. The area behind the two garages located to the west of lot 2040. Additional spot elevations are necessary to demonstrate that the slope requirements are met.(SHEET 26) g. The area between the end of pavement of the mototcourt between lots 1727 / 1728 and storm structure 288 (SHEET 26) h. The area between storm structure 286 with rim elevation 660.30 to spot elevation 660.25 to the north (SHEET 26) L The rear yard of lot 2042 between spot elevation 659.30 and the rim elevation of 659.30 for storm structure 250 (SHEET 26) j. The rear yard of lots 2027 and existing lot 1635 appears that ponding might occur around the two 659.90 spot elevations (SHEET 26) 67.The proposed spot elevations shown to the southeast of storm structure 422 appear to be shifted along with storm tag 422. The engineer should revise the plans accordingly. (SHEET 25) 68.The proposed grading of the emergency overflow route through the future phase 3 portion of the development should be included in the plans. Also, the emergency overflow route was not labeled for a majority of the townhome portion of the site. The engineer should revise the plans accordingly. (SHEETS 25 &27) 69.Storm sewer manholes and catch basins are allowed to be 4 foot diameter if the largest sewer pipe entering/leaving the structure is 18-inch diameter. The engineer should revise the following structures to 5 foot diameter. a. Storm Structure 426 (SHEET 25) b. Storm Structure 428 (SHEET 25) c. Storm Structure 430 (SHEET 25) d. Storm Structure 458 (SHEET 25) e. Storm Structure 480 (SHEET 25) 70.Two foot diameter inlets are allowed if the distance between rim to the invert of the structure is 4 feet or less. Structures with manhole steps are required for distances greater than 4 feet. The engineer should revise the following structures because they do not meet this requirement: a. Storm Structure 506 (SHEET 25) b. Storm Structure 512 (SHEET 25) c. Storm Structure 444 — Also, the storm tag information should be added to the table (SHEET 25) 71.The proposed conditions should contain all stormwater runoff onsite. The engineer should revise the rear yard swale of lots 1715 & 1716 to meet this requirement. (SHEET 25) 72.The matchline label at the top of sheet 25 is incorrect. The engineer should revise it to state "For Continuation See Sheet 26" (SHEET 25) G:\Public\Yorkville\2004\YO040i Centex Homes-Galena Road\docs\hvyaTOI14-Final End 01 I'hase1doc Mr.Joe Wywrot July 10,2006 Page 12 of 15 73.The area between the buildings on lots 2028 and 2040 has a low point that will pond water at spot elevation 660.30. Also, additional spot elevations are necessary to demonstrate that the stormwater runoff will not pond water between the east side of the buildings and the curb. The engineer should revise the plans appropriately. (SHEET 26) 74.There are several instances of two proposed spot elevations for the same location in the condominium portion of the grading plans. The engineer should address this problem at the following locations: a. Spot elevations 659.60 and 661.10 shown at storm structure 154 (SHEET 26) b. Spot elevations 660.40 and 661.50 shown on the south side of the drive at approximate station 7022+40 (SHEET 26) c. Spot elevations 659.50 and 660.55 shown at storm structure 144 (SHEET 26) d. Spot elevations 660.00 and 660.85 shown at the middle of the west side of the garage structure located to the northwest of lot 2027. (SHEET 26) e. Spot elevation 659.00 at storm structure 268 conflicts with the tag information (SHEET 26) 75.On grading plan sheet 26, almost every structure is represented by the manhole symbol. The engineer should revise the symbols to accurately reflect inlet and catch basin structures. (SHEET 26) 76.Generally, catch basins are not allowed to be located directly over the main storm sewer trunk line. The engineer should revise the storm sewer layout between storm structure 134 to 128. 77.The matchline label at the bottom of sheet 26 is incorrect. The engineer should revise it to state"For Continuation See Sheet 25". (SHEET 26) 78.The proposed spot elevation of 559.60 shown on the grading plan at storm structure 270 appears to be a drafting error because the storm tag gives a top of curb elevation of 660.04 (SHEET 26) 79.The engineer should revise the catch basin symbol shown for storm structure 118 to a manhole symbol. (SHEET 27) INTERSECTION DETAILS/SIGNAGE PLANS 80.The engineer should address the following issues concerning the intersection details: (SHEETS 28 &29) a. In the Monterey Avenue / Santa Monica Street detail, the pavement cross slope is 0% between the spot elevations 660.99 at station 5300+00. (SHEET 29) STANDARD CONSTRUCTION DETAILS 81.Catch basins are required to have a 24" minimum sump depth. The engineer should revise the Catch Basin Type C detail accordingly. (SHEET 30) GAPub1ic\Yorkvi11e\2004\Y0040i Centcs Homes-Galena Road\does\IN-N1wrotl4-Fina1 L-ng 01 Phaseldoe Mr. Joe Wywrot July 10,2006 Page 13 of 15 82.Any watermain less than 8-inch in diameter should be considered a private watermain and have a valve within 10 feet of the City main. Valve Boxes may be used on the private valves in they fall within turf areas. If the valve cannot be located in a turf area and must be constructed in a paved area or sidewalk area, the valve will then need to be constructed in a valve vault having a minimum 4-foot diameter. 83.The following comments pertain to the "Pavement Removal and Replacement Detail" and the engineer should address them appropriately: a. Trench backfill and bedding is required to consist of CA-7 aggregate. b. The surface course should be Superpave, Mix C, N50 c. The binder course should be Superpave, IL-19.0, N50 84.The casting schedule,in the "Storm Inlet Type A" detail specifies East Jordan Iron Works castings and other details / specifications require Neenah Foundry castings for the same applications (depressed curb, paved, etc). The engineer should revise the plans so that there is consistency between the different details/specifications. (SHEET 31) 85.The text is illegible in the IDOT details 424001-03 and 702001. The engineer should revise the details so that the text is larger. (SHEET 34) 86.The engineer should include a detail for the Offstreet Parking Areas in the Condominium portion of the site that shows information such as areas of depressed curb, parking stall dimensions, etc. 87.The aggregate base course for sidewalks is required to be CA-7. The engineer should revise the "Sidewalk Section"detail appropriately. (SHEET 34) 88.The following notes should be added to the plans (Sheet 35) regarding the following: ✓Dust control ✓Mud control ,/Cleaning of existing streets 89.The City Standard Specifications for Improvement requires that the erosion control plan includes the following information: (SHEET 35) a. Location and description of all seeding and sod. b. Descriptions of dust control measures. c. Provisions for maintenance of control measures, including type and frequency of maintenance. d. Identification (name, address, and phone number) of the person or entity which will have legal responsibility for maintenance of erosion control structures and measures during development and after development is completed. e. Show proposed phasing of development of the site, including stripping and clearing, rough grading, construction, final grading, and landscaping. Phasing should identify the expected date on which clearing will begin, the estimated duration of exposure G:\Public\Yorkville\2004\YO0405 Centel Homes-Galena Road\docsU%Ny,.%-rot 14-Final En.-01 Phase2.doc Mr. Joe Wywrot July 10, 2006 Page 14 of 15 of cleared areas, and the sequence of installation of temporary sediment control measures, clearing and grading, installation of temporary soil stabilization measures, installation of storm drainage, paving of streets, final grading and the establishment of permanent vegetative measures. 90.The engineer should revise the Pipe Outlet to Flat Area detail and include actual dimensions (or the formulas to calculate the dimensions)for the following: (SHEET 37) ✓ W, ✓ W2 La ✓ d STORM SEWER CALCULATIONS 91.The engineer should provide calculations demonstrating that the emergency overflow route has the capacity to safely convey the 100-year rain event at critical cross-sections. These cross-sections should be shown on the plans and labeled appropriately. 92.The minimum velocity allowed in storm sewers is 2.5 feet per second. A significant portion of the storm sewer does not meet this requirement and should be addressed by the engineer. 93.The hydraulic grade line should be below the rim elevations to avoid surcharging of the storm sewer. The following areas should be addressed by the engineer: a. Storm Tag 183 b. Storm Tag 185 c. Storm Tag 267 d. Storm Tag 301 e. Storm Tag 529 f. Storm Tag 367 g. Storm Tag 529 h. Storm Tag 381 i. Storm Tag 533 j. Storm Tag 531 k. Storm Tag 535 I. Storm Tag 537 m. Storm Tag 391 94.The storm sewer system should be designed to drain the flows resulting from the 10-year rain event by gravity. The total flow into the pipe should not exceed the pipe capacity. The following areas should be addressed by the engineer: a. Storm Tag 231 b. Storm Tag 247 c. Storm Tag 249 d. Storm Tag 365 e. Storm Tag 397 G.'Public\Yorkv ill c\2004\YO040 i Centex Homes-Galena Road\docs\hA�%vrot I4-Final En,01 PhaseIdoc Mr. Joe Wywrot July 10,2006 Page 15 of 15 FINAL PLATS The reviews of the Final Plats for Bristol Bay Units 8, 9 and 10 are being reported under individual separate covers. Each of these Units will also require Engineer's Opinions of Probable Construction Cost (EOPCC) for their respective units for the purpose of determining the appropriate letters of credit. The EOPCC's should include a 5% Contingency line item and the letters of credit should be valued at 110% of the total EOPCC. Our review of this project will continue upon receipt of revised plans. If you have any questions or comments regarding this review, or require any additional information, please contact our office. Sincerely, EN EERING ENTERPRISES, INC. William Dunn, P.E. Senior Project Manager PC: John Crois, Interim City Administrator Bart Olson,Assistant City Administrator Travis Miller, Community Development Director Lynsey Johnson, Administrative Assistant KJB/PJH, SEC @ 630-553-7646 Mike Costello, CENTEX Homes Joe Marx, CENTEX Homes JTW,JWF, EEI G:\Public\Yorkville\2004\YOO4Oi Centex Homes-Galena Road\docs\I\t�'NTot 14-Final Eng 01 PhaseIdDc 52 Wheeler Road •Sugar Grove, IL 60554 TEL: 630/466-9350 ft, FAX:630/466-9380 www.eeiweb.com Engineering Enterprises, In=. July 19, 2006 Mr. Joseph A.Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Bristol Bay Subdivision, Phase 2, (Centex Homes) Bristol Bay P.U.D. Unit 9—Final Plat Review United City of Yorkville, Kendall County, Illinois Dear Mr. Wywrot: We have reviewed the Final Plat of Subdivision for Bristol Bay P.U.D. Unit 9 prepared by Smith Engineering Consultants, Inc. consisting of 2 sheets and dated June 9, 2006. We offer the following comments: FINAL PLAT OF SUBDIVISION 1. The Point of Beginning currently labeled, "P.O.B. Unit 8" should be corrected to reference Unit 9. (sheet 1) 2. The legal description should be edited, at line 19, to include the words"Unit 1" after the text "Bristol Bay P.U.D." (sheet 2) 3. Rosenwinkel Street should be labeled as "Heretofore Dedicated". (sheet 1) 4. The existing Blanket Utility and Drainage Easement vacation note needs to have the recorded document number and recording date added prior to recording of this plat. (sheet 1) 5. The buildable lots within this unit should be consecutively numbered. (sheet 1) 6. A second concrete monument should be shown for this unit to comply with the Illinois Plat Act(765 ILCS 205n. (sheet 1) 7. Access drives and parking areas shown on the engineering plans should be provided for by grant of Access (ingress and Egress) Easements, dedicated private streets or dedicated public right of ways. 8. The Surveyor's Certificate paragraph relating to the Plat Act (765 ILCS 205/1) should be edited to the language and form developed by the United City of Yorkville. The included text which relates to the setting of interior monuments within 12 months of recordation of the plat is not part of the Plat Consulting Engineers Specializing in Civil Engineering and Land Surveying Mr.Joe Wywrot July 19,2DO6 Page 2 of 3 Act but rather part of the Illinois Professional Land Surveyor's Act of 1989 and should reference this act. (sheet 1) 9. The Special Service Area statement should be edited to be of the language developed by the United City of Yorkville. 10.The heavy line type should only be used for the boundary lines of the unit being platted. Please review and edit appropriately. (sheet 1) 11. Item 8 of the notes block refers to "open space"which should be defined and depicted on this plat. (sheet 1) 12.The notes block on sheet 2 should be edited to contain only those items which pertain to recorded plats of subdivision. (sheet 2) 13.The Public Utility and Drainage Easement provisions should comply with the developed language and format developed by the United City of Yorkville. All instances of the word "blanket" should be removed. (sheet 2) 14.The legal description for the boundary does not mathematically close. Please review calculations and edit appropriately. 15.Remove any reference to future subdivisions. They do not exist, so they do not belong on the plat. 16.The County Engineers Certificated is not needed. Our review of this plat will continue upon receipt of the revised plat If you have any questions or comments regarding this review, or require any additional information, please contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. William Dunn, P.E. Senior Project Manager Mark G. Scheller, P.L.S. Project Manager G:iPub!ic':York.ill 3004`•,YO(1405 Centex Homes-Galena R<gad`:docs'a,Ati•N+rotl6-l.'nit9Fin t!Plat.doe Mr.Joe Wywrot July 19,2006 Page 3 of 3 PC: John Crois, Interim City Administrator Bart Olson,Assistant City Administrator Travis Miller, Community Development Director Lynsey Kawski, Administrative Assistant KJB/PJH, SEC @ 630-553-7646 Mike Costello, CENTEX Homes Joe Marx, CENTEX Homes J-fW/JWF, EEI Ci:Publictl'erk-%;ille120041Y0Ud05 Centex Homes-Galena RoadW acslwti-+TotI6-Unit9FinttlPlat.doc 52 Wheeler Road •Sugar Grove, IL 60554 TEL: 630/466-9350 ft, FAX: 630/466-9360 www.eehveb.com Engineering Enterprises, Inc. July 19, 2006 Mr. Joseph A. Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Bristol Bay Subdivision, Phase Z (Centex Homes) Bristol Bay P.U.D. Unit 8—Final Plat Review United City of Yorkville, Kendall County, Illinois Dear Mr. Wywrot: We have reviewed the Final Plat of Subdivision for Bristol Bay P.U.D. Unit 8 prepared by Smith Engineering Consultants, Inc. consisting of 5 sheets and dated June 9, 2006. We offer the following comments: FINAL PLAT OF SUBDIVISION 1. A note should be added to state the intended ownership of the Lot 2050. 2. Item number 8 should be edited to state, "Lot 2050, Open space and Stormwater Management Easement to be owned and maintained by (owner). (sheets 14) 3. Item number 11 of the notes block infers that a Public Utility Easement is granted by this subdivision plat and conflicts with the notation at the right side of pages 1 through 4 which states a blanket Public Utility and Drainage Easement exists, by previous document, over all of Lot 2050. Please reconcile this conflict and edit appropriately. (sheets 1-4) 4. Galena Road should also be labeled as "Kendall County Highway No. 9". (sheet 4) 5. The County Engineer's Certificate should be added to the plat (sheet 5). 6. The dimensions on the east and west boundary lines from the existing right of way to the new Galena Road right-of-way line should be shown. (sheet 4) Consulting Engineers Specializing in Civil Engineering and Land Surveying Mr.Joe Wywrot July 19, 2006 Page 2 of 3 7. The dimensions along the new Galena Road right-of-way (southerly line of Lot 2050) lines should be shown. (sheet 4) 8. The southeast corner of lot 1041, called for in the legal description, should be labeled on the graphical portion of the plat. (sheet 25) 9. The South line of Bristol Bay Drive should be labeled. (sheet 1) 10.Bristol Bay Drive should be labeled "Heretofore Dedicated". (sheet 1) 11.The adjoining lot numbers in Unit 7 should be labeled similarly to those shown for the lots within Unit 5. (sheet 2) 12.The existing Yorkville-Bristol Sanitary District Utility Easement should have boundary dimensioning (angles or bearings and distances) and recorded document number added. Additionally, dimensions should be added from the boundary of this unit to said easement. (sheets 14) 13.The water main easement lying parallel to the YBSD easement should be added to the plat. 14.The property lying East of and adjacent to Unit 8 should be labeled either unsubdivided or subdivided (include subdivision name and document number). (sheets 14) 15.The East quarter corner of section 4-37-7 and East quarter comer of Section 9-37-7 should be graphically shown and text added to describe the monumentation to help avoid conflicts with future boundary survey retracements by others. 16.Item 1 of the notes block should have the abbreviation S.W.M. and associated text edited to, "S.M.E.= Stormwater Management Easement". This abbreviation and easement provision has been developed by the United City of Yorkville. (sheets 14) 17.The 20' Hereby Dedicated Galena Road Right of Way note should have text added to state, "to the County of Kendall". (sheet 4) 18.The note, "80' per document no. 145193" should have additional text added to state, "heretofore dedicated" or similar language. (sheet 4) 19.The phantom line parallel with and southerly of the existing 80' wide Galena Road Right of Way should be labeled. (sheet 4) 20.The Surveyor's Certificate paragraph relating to the Plat Act (765 ILCS 205/1) should be edited to the language and form developed by the United City of Yorkville. The included text which relates to the setting of interior monuments within 12 months of recordation of the plat is not part of the Plat Act but rather part of the Illinois Professional Land Surveyor's Act of 1989 and should reference this act. (sheet 5) 21.The Special Service Area statement should be edited to be of the language developed by the United City of Yorkville. G:tF'ublic..Yorkvillei2004`,YO0405 C'entes Home;-Galena Roadldocs`:h,,3,- rot15-LinitBPinalPlat.doc Mr. Joe Wywrot July 19, 2006 Page 3 of 3 22.The Public Utility and Drainage Easement provisions should comply with the developed language and format developed by the United City of Yorkville. All instances of the word "blanket" should be removed. (sheet 5) 23.The Lot 2050 in this unit is redundantly numbered with Lot 2050 of Bristol Bay Unit 10. Please reconcile this redundancy and edit appropriately. 24.The heavy line type should only be used for the boundary lines of the unit being platted. Please review and edit appropriately. (sheets 1-3). 25.The notes block on sheet 5 should be edited to contain only those items which pertain to recorded plats of subdivision. (sheet 5) 26.Remove any reference to future subdivisions. They do not exist, so they do not belong on the plat. Our review of this plat will continue upon receipt of the revised plat. If you have any questions or comments regarding this review, or require any additional information, please contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. William Dunn, P.E. Senior Project Manager Mark G. Sche ler, P.L.S. Project Manager PC: John Crois, Interim City Administrator Bart Olson, Assistant City Administrator Travis Miller, Community Development Director Lynsey Kawski, Administrative Assistant KJB/PJH, SEC @ 630-553-7646 Mike Costello, CENTEX Homes Joe Marx, CENTEX Homes JTW/JWF, EEI G.'\f'ublic\Yorkvillei200d%�'00405 Center homes-Galena Road`:docsati 4ywrotl14-LJnit8Fin�lfliat.doc 52 Wheeler Road •Sugar Grove, IL 60554 TEL.630/466-9350 it, FAX:630/466-9380 www.eehveb.com Engineering Enterprises, Inc. July 19, 2006 Mr. Joseph A. Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Bristol Bay Subdivision, Phase 2, (Centex Homes) Bristol Bay P.U.D. Unit 10�-Final Plat Review United City of Yorkville, Kendall County, Illinois Dear Mr. Wywrot: We have reviewed the Final Plat of Subdivision for Bristol Bay P.U.D. Unit 10 prepared by Smith Engineering Consultants, Inc. consisting of 3 sheets and dated June 9, 2006. We offer the following comments: FINAL PLAT OF SUBDIVISION 1. The Lot 2050 in this unit is redundantly numbered with Lot 2050 of Bristol Bay Unit 8. Please reconcile this redundancy and edit appropriately. Note, there are two references to Lot 2050 in the notes block which need consideration. (sheets 1 and 2) 2. Rosenwinkel Street should be labeled as "Heretofore Dedicated". (sheet 2) 3. The heavy line type should only be used for the boundary lines of the unit being platted. (sheets 1 and 2) 4. We recommend editing to a larger scale drawing for this plat because of the small sized lots and crowded graphical area. This change will help alleviate text and line work overlaps (i.e. Lot 1775, Lot 1885, Lot 1846, Lot 1939 etc.). (sheets 1 and 2) 5. The overlapping text with line work should be corrected in all occurrences, regardless of item 4 above. (sheets 1 and 2) Consulting Engineers Specializing in Civil Engineering and Land Surveying Mr.Joe Wywrot July 19,2006 Page 2 of 4 6. Item 8 of the notes block refers to "open space" which should be defined and depicted on this plat. (sheets 1 and 2) 7. Galena Road should also be labeled as "Kendall County Highway No. 9". 8. The County engineers Certificate should be added to the plat. (sheet 3) 9. The dimension on the west boundary line from the existing right of way to the new Galena Road right-of-way line should be shown. (sheet 2) 10.The subdivisions net area should be shown along with the presently shown gross area. (sheets 1 and 2) 11.The bearing on line 18 of the legal description is different by 10 seconds from the bearing labeled on the graphical portion of the plat. Please reconcile and edit appropriately. (sheets 2 and 3) 12.The call in the legal description on line 22 which states, "to the west line of the northeast quarter" should be labeled on the graphical portion of the plat. (sheet 1 and 2) 13.The abbreviated legal description beneath the title should be edited to include the northwest quarter of Section 9-37-7. (sheets 1-3) 14.Access Easements are not provided for in the United City of Yorkville Easement provisions. Please provide proposed easement language for review and approval by the United City of Yorkville. (sheet 3) 15.Lot 1728 has a boundary dimension missing and needs to be added to plat. The missing data lies on the southerly line of Lot 1728 between curve C-32 and the line of 69.00 feet. (sheet 1) 16.The addition of the southerly property lines of Lot 1728 (69.00 feet) and Lot 1729 (81.90 feet) do not equal the shown overall length of 150.91 feet. Please reconcile this small difference and edit appropriately. (sheet 1) 17.The addition of the northerly property line of Lot 1747 (153.02 feet) and Lot 1748 (115.45 feet) do not equal the shown overall length of 268.46 feet. Please reconcile this small difference and edit appropriately. (sheet 1) 18.The note which begins, "An Access Easement is herby reserved for Lots 1709 through 1751" needs clarification as these lots are not part of this subdivision and a unit number is not given. Additionally this note references Lot 2050 which will need review and editing once the redundancy issue for this lot is addressed (sheet 1 and 2) G:\Putilic\Yorkville\2004\YO040�Centex Homes-Galena Road\does\lw),wrotI 7-Unit I OFinalPlat.doc Mr.Joe Wymot July 19,2006 Page 3 of 4 19.The existing Blanket Utility and Drainage Easement vacation note needs to have the recorded document number and recording date added prior to recording of this plat. (sheets 1 and 2) 20.Lot 1715 should be shown entirely on one sheet. (sheets 1 and 2) 21.The document number needs to be added to the blank line referencing Bristol Bay P.U.D Unit 9, prior the recording of this plat. (sheets 1 and 2). 22.The northeasterly property line dimension is missing and needs to be added for Lot 1750. (sheet 2) 23.The northerly property line dimension is missing and needs.to be added for Lot 1711. (sheet 2) 24.The easterly property line dimensions (curve segments) are missing and need to be added to Lots 1734, 1735 and 1736, reference radius of 600.00 feet and overall arc length of 381.81 feet. (sheet 2) 25.The notes block on sheet 3 should be edited to contain only those items which pertain to recorded plats of subdivision. (sheet 3) 26.The Public Utility and Drainage Easement provisions should comply with the developed language and format developed by the United City of Yorkville. All instances of the word "blanket" should be removed. (sheet 3) 27.The Illinois Department of Transportation Certificate is not necessary and should be removed. (sheet 3) 28.The Surveyor's Certificate paragraph relating to the Plat Act(765 ILCS 205/1) should be edited to the language and form developed by the United City of Yorkville. The included text which relates to the setting of interior monuments within 12 months of recordation of the plat is not part of the Plat Act but rather part of the Illinois Professional Land Surveyor's Act of 1989 and should reference this act. (sheet 3) 29.The 20' Hereby Dedicated Galena Road Right of Way note should have text added to state, "to the County of Kendall". (sheet 4) 30.The note, "80' per document no. 145193" should have additional text added to state, "heretofore dedicated" or similar language. (sheet 4) 31.The phantom line parallel with and southerly of the existing 80' wide Galena Road Right of Way should be labeled. (sheet 4) G:\Publie\Yorkville\2004\YO0405 Centex Homes-Galena Road\does\N3—"Tot I7-UnitIOFinalPlat.doc Mr.Joe Wywrot July 19,2006 Page 4 of 4 Our review of this plat will continue upon receipt of the revised plat. If you have any questions or comments regarding this review, or require any additional information, please contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. William Dunn, P.E. Senior Project Manager Mark G. Scheller, P.L.S. Project Manager pc: John Crois, Interim City Administrator Bart Olson, Assistant City Administrator Travis Miller, Community Development Director Lynsey Kawski, Administrative Assistant KJB/PJH, SEC @ 630-553-7646 Mike Costello, CENTEX Homes Joe Marx, CENTEX Homes JTW/JWF, EEI G:\Public\Yorkville\2004\YO0405 Centex Homes-Galena Road\does\hvyx+°rotI7-UnitIUinalPlat.doc CJT Reviewed By: 4 fi Legal ❑ City Council Finance ❑ r Engineer ❑ �- City Administrator ❑ Agenda Item Tracking Number Consultant El PC 2006-56 LE Human Resources F1 City Council Agenda Item Summary Memo Title: Blackberry Woods Final Plat City Council/COW/Committee Agenda Date: August 15, 2006 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: United City of Yorkville Memo 800 Game Farm Road ER Yorkville, Illinois 60560 Telephone: 630-553-8545 R Fax: 630-553-3436 tE Date: August 8, 2006 To: Economic Development Committee/COW From: Travis Miller, Community Development Director Subject: Blackberry Woods Request: Final Plat Staff Comments: The Final Plat for Blackberry Woods substantially conforms to the approved Preliminary Plan. Refer to the following attached staff reports: • Final Landscape Plan comments prepared by Laura Haake July 18,2006 • Final Plat comments prepared by Anna Kurtzman June 28, 2006 • Final Engineering Plan comments prepared by EEI July 18, 2006 Recommendation: Approve Final Plat subject to all staff comments. o� United City of Yorkville Memo 800 Game Farm Road MT Yorkville, Illinois 60560 Telephone: 630-553-8545 ,1 77 Cp 2a! Fax: 630-553-3436 Date: July 18, 2006 To: Lynsey Kawski From: Laura Haake CC: Travis Miller, Dave Mogle,Joe Wywrot,Anna Kurtzman Subject: Blackberry Woods I have reviewed the final landscape plan for Blackberry Woods dated March 15,2006 by the Gary R. Weber Associates, Inc. and have prepared the following comments: Final Landscape Plan Review 1) Acer fremanii `Autumn Blaze' is not an approved species. Please replace with a different shade tree. 2) In the plant key, PC, QB and QM are all labeled Pyrus callyerana ` Autumn Blaze'. Correct species name and key to identify the correct plant species. 3) Side lot 23 should have detention landscaping that reflects the bufferyard standard of 1 tree per 30 lineal feet of bufferyard or for a 10 foot bufferyard it should be planted with 2 trees per 30 lineal feet. United City of Yorkville 0 -n County Seat of Kendall County 800 Game Farm Road Yorkville, Illinois, 50560 �"- Tele •t `; -�` phone: 530-553-4350 a Fax: 630-553-7575 Website: www.yorkville.il.us SCE^ �tti June 28,2GO6 Mr.William McCue McCue Builders,Inc. PO Box 352 Bristol, IL 60512 RE: Final Plat of Subdivision and Landscape Plans for Blackberry Woods Bear Mr.McCue: After reviewing the documents above,the following concerns became apparent: Final Plat of Subdivision: 1. Lot line widths at the building setbacks must be provided,either noted on the final plat or in a separate table. 2. Lots 4 and 13 do not have distinguishable rear lot lines. Yorkville's Zoning Ordinance states that the rear lot line is the lot line or lot lines most nearly parallel from the front lot line(10-2-3). The lot lines of lots 4 and 13 must be modified to reflect the Zoning Ordinance before the final plat is approved. Landscape Plans: 3. The dimensions of the actual sign face must be provided on the landscape plans. 4. Please note that when applying for a sign permit to construct this monument,the following information is needed: a. Plat of Survey,including the dimensions of the property and the dimensions of the monument sign from the property lines. The monument sign cannot be in an easement, and it must be at least five(5)feet from any property line. b. Mounting information. c. Illumination information, if applicable. W.McCue Blackberry Woods Plat June 28, 2006 Page 2 oft Please review the aforementioned concerns and rembmit the final Plat of subdivision for finther review. If you have any questions or require any additional help,I can be reached at 630-553- 8556 or via fax at 630-553-7264. Sincerely,, Anna B. Kurtzman,AICP rsh/abk C: W. Dettmer T. Miller J.Wywrot CADwuments and Setdn_p\A=\My Ike =wts%B1=kb=r.v Woo&Ting Plat 6.26.06.doe 52 Wheeler Road •Sugar Grove, IL 60554 TEL:630/466-9350 ft, FAX:630 1466-9380 www.eekveb.com Engineering Enterprises, Ina. July 18, 2006 Mr. Joseph A.Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Final Engineering Improvement Plans for Blackberry Woods United City of Yorkville, Kendall County, Illinois. Dear Mr. Wywrot: We have reviewed the Final Engineering Plans for the referenced Blackberry Woods prepared by Cemcon, Ltd. containing 26 sheets dated June 8, 2006 and offer the following comments: 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. GENERAL COMMENTS 1. Please provide a revised summary of quantities and cost estimate. Sheet 1 -Cover Sheet 2. All appropriate contacts should be listed—Yorkville Personnel, YBSD and Consultants etc. Sheet 5— Pavement Detail Consulting Engineers Specializing in Civil Engineering and Land Surveying 3. The Typical Local Residential Street X-Section should be revised to show dimensions clearly. All the pavement mixture types should be specified. This also applies to Cannonball Trail X- Section detail. 4. IDOT curb ramp detail should be updated with the most current version (424001-04). Sheet 6-Overall Street Lighting, Tree Planting Plan and Details 5. Street lights should be located on the opposite side of the street from the water main per City standards. Light numbers 2, 5, 7, 9, 11, 14, 18, 21, 24 and 25, which are currently shown on the same side of the street as the water main, should be revised in accordance with the standards. Sheet 7-Overall Sanitary Sewer and Watermain Plan 6. Additional valves should be added to the west side the intersections of Purcell Drive and Cannonball Trail and Carly Circle and Cannonball Trail. 7. Temporary hammer-head turn arounds should be provided at all dead end roads with appropriate signage. Sheets 9 -14-Drainage and Grading Plan 8. Frame and grate for the open lid storm sewer structures in the grass area should be R-2502 in lieu of Type 8. 9. Detention Basin summary (Elevation, Area, AVolume, FVolume) should be provided on the grading plan. 10. The following storm sewer structures should be revised to a 4' Diameter: • (Sheet 9) 121, 123, 131, 132, 134-136, 155 • (sheet 10) 88, 91-93, 95, 98 • (sheet 11) 68, 69, 71, 80, 83 • (sheet 12)9, 11, 15, 18, 150 • (sheet 13) 62 • (sheet 14) 54, 147 11. The following storm sewer structures should be revised to a 5' Diameter: • (sheet 10) 89, 90, 99 • (sheet 12) 6, 13, 100, 153 G:\Public\Yorkville\2004\Y00438 Blaekbcn)Woods\does\h%,NNTolOSFina[EngOLdoc 12. The City design standards require a minimum cover on all storm sewers of three (3) feet. The street crossings between inlets and basins, in general, currently do not meet this standard and should be revised accordingly. 13. (Sheet 9) Please provide additional pavement grades at the eye-brow court at Carly Court station 65+50. 14. (Sheet 9) Overland flow route in the back of Lots 126, 127, 120 & 121 should be covered by drainage easement. 15. (Sheet 9) One spot elevation should be added along the common lot line of Lots 128 & 129 and dust south of the toe of the berm. 16. (sheet 9) Please revise cross section detail of 1-1 to indicate the ditch bottom as 638.0. Please check the berm elevation along the west property line of lots 116-119 to make sure that they are higher than 638.2. 17. (sheet 10) The proposed ground elevations just outside of back of the building at Lot 96 are higher than the proposed W/O elevation. Similarly, Lot 112's UO elevation is lower than adjacent ground elevations. Please revise. 18. (Sheet 10) The proposed spot elevation of 637.7 along the common lot line of lots 110 & 111 is a low point. Please revise the proposed contours or add inlet here. 19. (sheet 10) The proposed spot elevation of 636.8 along the common lot line of lots 108 & 109 is a low point. Please revise. 20. (sheet 11) Please revise the HWL at cross section C-C to be 632.8 per calculation. 21. (sheet 11) Cannonball Trail from sta. 18+50 to 21+50 is below the HWL(630.11). Specifically, the gutter line elevation at sta. 20+00 is 629.05, which is 1.06' below HWL. 22. (sheets 10 &12) HWL at cross section E-E (lot 99) is 633.5. Grading along the south property line of lots 99-107 should be revised to add a berm to make sure the overland flow will follow the proposed overland flow route. The berm elevation should be higher than 633.5. In addition, at the SE corner of lot 99, it shows the existing spot elevation is 631.2, however, the plan called out meet existing 632.1. Please verify. 23. (sheet 12) At the intersection of Cannonball Trail and Purcel Drive, the proposed T/C of inlet No. 151 is 631.3, which is only 0.16' higher than the proposed north curb grade of 631.14 at Cannonball Trail sta.13+65. The distance is 55' which results in a gutter line slope of 0.29%. Similarly at the north curb return, the slope of gutter line is only 0.15% (631.3 — 631.21 over 60'). 24. (sheet 13) Please add storm structures at the intersection of Patrick Court and Cannonball G:\Public\Yorkxille\2004\YO0138 Blackbern Woods Woes\l%%31%a'otOSFinalEngOLdoc Trail to pick up the flow from Patrick Court. 25. (sheet 13) Lot 12's UO elevation is lower than adjacent ground elevation. Please revise. 26. (sheet 13) Please review the proposed NE curb elevations at the intersection of Cody Court and Cannonball Trail that appears to be very flat. A high point may have been omitted. 27. (sheet 14) Please add additional contours in the rear yard of lots 6 — 8. The proposed grade of 632.7 along the common lot line of lots 6 & 7 creates a low point. This area should be revised as necessary. Sheets 15-22—Plan & Profile 28. For all utility crossings, please call out the bottom elevation of higher pipe and the top elevation of the lower pipe. 29. The water main should be shown in profile to aid in identifying conflicts. There are areas within this development where the water main and sanitary sewer are to be installed at similar elevations. There are apt to be conflicts with sanitary services and water services. 30. (sheet 16) Please verify the watermain and storm sewer crossing at sta.21+25 and lower watermain as necessary to maintain 1.5' separation. 31. (sheet 16) Sanitary service line for lot 1 should be connected to the sanitary sewer. 32. (sheet 17) Between sta. 32+50 and 32+75, the roadway slope is less than 0.5%. 33. (sheet 19) Sanitary sewer and storm sewer crossing at Carly Circle sta. 59+35 indicates the invert of the 27" storm sewer is 631.15. Per our calculation, the top of storm sewer will be 633.67 and the bottom of the sanitary sewer will be 633.21. Please resolve the conflict and make sure pipe thickness has been considered when you calculated the crossing. 34. (sheet 19) The pipe Length from Sanitary MH No. 4 to No. 3 exceeds the maximum spacing allowed by the City. A manhole should be added in the run of sewer. 35. (sheet 19) The location of sanitary service connection should be shown for Lot 10. 36. (sheet 21) At Carly Circle sta.79+00, the watermain is lowered to cross under 30" storm sewer, and proposed to cross over the sanitary sewer. There is only 17' between the storm sewer and sanitary sewer. This area should be reviewed and revised keeping in mind that the City typically disapproves the use of fittings for water main lowering in new construction areas. 37. (sheet 21) There is a utility conflict between the watermain and sanitary sewer crossing at Carly Circle sta. 83+00 and at Carly Court sta. 90+00 which should be resolved. G:\Public\York\-ille\2004\YU0438 BlacOcri)Woods\does%lwtim'W5 Final EngOI.doc 38. (sheet 21) The sanitary sewer from MH No. 24 to No. 15 exceeds the maximum length and should be revised by adding a manhole mid-span. 39. (sheet 22) Please review and revise the watermain and sanitary sewer crossings at Patrick/Cody Court Sta. 101+80 and 105+20. Sheets 23$24—Details 40. Please add retaining wall detail. 41. (sheet 24)Type 7 grate detail should be replaced with R-2502. 42. Please add water and sewer crossing details with protection measures. Sheets ER4 & ER-2 43. (sheet ER-1) Please revise detention cross section detail to indicate that the safety ledge is 2' . below NWL. FINAL PLAT 44. The property description in the title and legal description should be changed from Bristol Township to the City of Yorkville. 45. The area (sq. ft.) in roads should be listed under the total area. 46. The lots in R-2 and R-4 zoning should be identified. 47. All calls in the legal descriptions should be indicated on the face of the plat, ie. center line creek or subdivision line extended. (sheet 1). 48. Parcel two is not annexed into the United City of Yorkville. 49. The original legal description on the preliminary plat calls out the West line of Section 29 and not the East line of the PNA Youth Camp. A quit claim is needed from PNA Youth Camp for parcel 2, to clear up the gap. 50. The computed layout of Parcel 2 does not fit Parcel 1 with the different courses used from the point of commencement. We recommend using the same point of beginning for both parcels. 51. Remove the note"W. LINE OF NW. %SEC. 29-37-09 PER RB &ASSOCIATES' Since you are stating that you have surveyed the property. The west line is located with what is monumented and located, or reconstructed in the field from the original government surveys, and not what another surveyor's ALTA Survey shows. 52. Patrick Court is incorrectly labeled as"Heretofore Dedicated". G:Tublic\Yorkeille\-)0041J'(X)438 Blackben}Woods4locs U�%)ti\rotO5FinalEn_0l.doc 53. A 10' utility easement in needed along all street right of way lines and the front of the lot in the typical lot detail. 54. Lots 131 and 132 should to be added to the Typical Lot Detail. 55. The building setback line on each street should be labeled in at least one place on each sheet. 56. Ownership and maintenance of lots 133, 134 and 135 should be noted. 57. A minimum side yard easement of 10' is needed for the following lots: 35, 74, 98, 23, 1, and 30. 58. The surface water statement on a Topographic Overlay will need to be submitted before final approval of this plat. 59. A note should be added stating that no direct vehicular access permitted to Cannonball Trail will be allowed from any lot which lies adjacent to said right of way . 60. A note is needed stating who will be responsible for maintaining the retaining wall through lots 127 thru 133. 61. The overland flood route, as shown on the engineering plans, will need to be placed in an easement. 62. The text on the match line on sheet 4 should be "refer to sheet 3". 63. Lot 134 is called out as a park on the Preliminary Plat, but not on the Final Plat. 64. If a Homeowner's Association is being formed, a note should be added to the plat about the recording of a Declaration of Covenants, Conditions and Restrictions. 65. The abbreviation for Public Utility and Drainage Easements is not correct. Replace P.E. with P.U.& D.E, as stated in the easement provisions. 66. The wetland buffer, shown on the engineering plans, should be shown on the plat in an easement and easement provisions added. 67. The location of the flood hazard area should be shown on the plat. 68. The text" FIP 5/8" on lot 111, page 2, should be removed or explained. 69. The Surveyor's, Owner's, Notary's and Mortgagee's Certificates should be of the language and format developed by the United City of Yorkville. The County Engineer and City Administrator Certificates should be added to the plat. The developed language and format of these certificates will be provided upon request. G:\Public\Ym•k%�ille\2004\YO0438Blackhem Woods\does\h%?-NNrotO5FinalEne0Ldoc 70. A Special Service Area Certificate should be added to the plat if any of this subdivision is included in such an area. The United City of Yorkville language and format for said certificate will be provided upon request. 71. Please review the need of the Landscape Easement Provision on sheet 5 and if not needed remove. Review of the graphical portion of the plat does not reveal any Landscape Easements. 72. The text overlap should be corrected along the south line of the subdivision at the shown boundary distance of 2057.21 feet. (Sheet 1) If you have any questions or comments regarding this review, or require any additional information, please contact our office. Our review will continue upon re-submittal of the revised plat and plans. Sincerely, ENGINEERING ENTERPRISES, INC. � 11 William E. Dunn, P.E. Senior Project Manager �r Mark Go6 eller, P.L.S. Project Manager PC: Bart Olson, Assistant City Administrator Travis Miller, Economic Development Director Lynsey Kawski,Administrative Assistant Sam Kukadia,Cemcon, Ltd. Kelly Knierin, The Windham Group JWF/JTW, EEI G:\Public\Yorkvillc\'-OO4\YOO438 Blackherrn Woods\does\h%-�-i+rolOiFinalEng0l.doe 060 C/T� Reviewed By: Legal ❑ City Council EST. , �_1 1836 Finance ❑ August 15, 2006 .:.�� Engineer ❑ mill) City Administrator El Agenda Item Tracking Number C—Usm �0 Consultant El PC 2006-33 <'LE Human Resources ❑ City Council Agenda Item Summary Memo Title: Wal-Mart Rezoning and Preliminary Plan City Council/COW Agenda Date: COW August 15, 2006 Synopsis: Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: N/A Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: 0 United City of Yorkville Memo 800 Game Farm Road 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 CE Date: August 11, 2006 To: Economic Development Committee/COW From: Travis Miller, Community Development Director Subject: PC 2006-33 Wal-Mart—Rezoning and Preliminary Plan Request: Rezoning and Preliminary Plan Background: Plan Commission evaluated the rezoning request and reviewed the Preliminary Plan June 14, 2006 and took the following actions: ■ Rezoning-motion to recommend approval—7 yes 0 no ■ Preliminary Plan -motion to recommend approval—4 yes 3 no Staff Comments: 1. The stormwater from this property will be conveyed to an infiltration basin to the north. This infiltration basin is part of the Yorkville Crossing subdivision which will be submitted for consideration for approval subsequent to this request. At this point the preliminary engineering has not been reviewed/approved for this basin. The Engineering Department has confirmed the volumes necessary to accommodate the Walmart subdivision will be available given the size of the current basin(which is currently be excavated and will ultimately be increased to a size of 25-30 acres). Due to this stormwater flowing into this infiltration basin, Best Management Practices(BMPs) should be incorporated into the Walmart subdivision including those in the August 11, 2006 memo from Joe Wywrot, City Engineer(attached) Preliminary Landscape Plan 1. Recommend providing the required parkway trees along Route 34 as part of this subdivision plat(1 per 50 lineal feet); 2. The quantities of plant material meet or exceed the Landscape Ordinance requirements for buffers, perimeter and lot landscaping; 3. The interior parking lot tree plantings are deficient by 12 shade trees. Recommend planting trees within all of the seven (7)vacant islands to address this deficiency; 4. The proposed Ginkgo biloba along the west side of the eastern service drive are spaced as close as 15' in some places. Recommend spacing this species a minimum of twenty feet(20')on center. Refer to the following attached staff reports: • Preliminary Plat of Subdivision comments prepared by EEI June 8, 2006 • BMP memo prepared by Joe Wywrot August 11, 2006 Recommendation: Approve rezoning and preliminary plan subject to all staff comments. S2 Wheeler Road •Sugar Grove, IL 60554 TEL:630/466-9350 (t, FAX:630/466-9380 www.eekveb.com Engineering Enterprises, In=. June 8, 2006 Mr. Joseph A. Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Preliminary Plat of Subdivision Yorkville Crossings Unit 1 (WalMart Supercenter#4462-00) United City of Yorkville, Kendall County, Illinois Dear Mr. Wywrot: We have reviewed the following submitted material for the referenced Preliminary Plat of Subdivision submittal: • Preliminary Plat of Yorkville Crossings Unit 1 prepared by Atwell-Hicks dated June 1, 2006 consisting of two sheets. The submittal is a result of the discussions at the May 25th Plan Council, where Atwell Hicks was encourage to submit the plat for the Walmart site as a separate unit for the sake of expediting the process. No other materials, such as revised preliminary engineering, were submitted for review. Preliminary Plat 1. Text size should be a minimum size of 8 point. There are several occurrences of text which need correction. The texts labeling the contour elevations should be to this minimum. 2. All lots should have complete perimeter dimensioning, specifically edits should be made to place distances on the South lines of Lots 1 and 3 through 6 at the proposed right of way line. Additionally the sidelines of these same lots should have dimensions adjusted to be distances terminated at the proposed right of way line. 3. Labeling should be added to define Line "A" mentioned in the legal description. 4. The northerly line of the existing U.S. Route No. 34 Right of Way should be labeled. GAPublic\Yorkv111e\2004\YO0428 WatMart-Countryside-Route 34\docsVwywrot02.doc Consulting Engineers Specializing in Civil Engineering and Land Surveying 5. The areas (sq. ft. and acres) of Lots 1, 3 through 6 should show only the actual area of the lot excluding the proposed right of way. 6. The section and quarter lines underlying the subdivision should be shown and labeled on the plat. 7. A typical lot detail, showing building setback and easements should be added to the plat. Setbacks and easements can be shown on the individual lots as an alternative. Reference B-3 zoning ordinance. 8. The 10' wide Detention Easement along the East line of Lot 1 should be labeled drainage and utility easement. 9. Parking Setback lines should not lie closer to a property line than an easement line (parking setback lines should not fall within easements). 10.Easement provisions developed by the United City of Yorkville are Public Utility and Drainage, Landscape Buffer, Stormwater Management and Pedestrian and Bike Trail. The easements on this plat should be labeled using this language. The United City of Yorkville developed Easement Provision language and format can be obtained by request and needs to placed on the Final Plat (this information mentioned here to help expedite future Final Plat approval). 11.Sanitary sewer, storm sewer and watermain shown on the preliminary engineering, when not servicing an individual lot, should be placed in a Village Utility Easement. Review the engineering and place said easements where needed and dimension. 12.Certificates will need to be placed on the final Plat in the language and format developed.by the United City of Yorkville and can be obtained by request (this information mentioned here to help expedite future Final Plat approval). 13.The Parking Setback lines should be shown and labeled along the northerly property lines of Lots 1 and 2. 14.The name and addresses of the Owner, Subdivider/Developer should be provided on the plat. 15.The gross area of the proposed subdivision should be placed on the plat. Additionally the area of the right of ways to be dedicated by this subdivision should be noted. GAPublic\YorkviIM2004\Y00428 WaNart-Countryside-Route 34\docsUwywrot02.doc 16.The abbreviated legal description under the heading of this plat should reference all the sections mentioned in the legal description. Additionally this legal should terminate with "In the United City of Yorkville, Kendall County, Illinois". Our review will continue as the above comments are addressed by the developer and the design engineer. 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. Scheller, P.L.S. Project Manager pc: Bart Olson, Assistant City Administrator Lynsey Johnson, Administrative Assistant Travis Miller, Community Development Director Chuck Gilmore, Atwell-Hicks JWF/JTW, EEI GAPub1iclYorkv111e12004tY00428 Wal Mart-Countryside-Route 34\docsVwywrotO2.doc United City of Yorkville Memo 800 Game Farm Road 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 0,¢ -3436 Fax: 630-553 SCE 1v� Date: August 11, 2006 To: Travis Miller, Community Development Director From: Joe Wywrot, City Engineer CC: John Crois, Interim City Administrator Subject: Walmart—Stormwater BMP's Below find a list of typical stormwater Best Management Practices(BMP's)that could be used at the Walmart site to help cleanse the stormwater before it enters the proposed Hamman infiltration basin. The stormwater should be as clean as possible before entering the storm sewer system to keep the infiltration basin from clogging and to minimize the potential for groundwater contamination. • Less pavement. The number of parking stalls proposed probably far exceeds the city's minimum parking requirements. • Porous pavement in all or certain areas to help stormwater infiltrate into the ground. • Direct the runoff from paved areas to open-graded aggregate drains along the pavement edge. These drains would extend down to the natural sand layer, and could have a perforated underdrain system. • Direct the runoff from paved areas to vegetated swales before entering the storm sewer system. • Rain gardens.These are intentionally depressed vegetated areas with deep-rooted plants that would collect runoff from paved areas.For larger storms,they would discharge excess stormwater to the storm sewer system. • Catch basins at all drains. • Oil separators at strategic locations. • A frequent pavement sweeping program. • A comprehensive schedule and funding mechanism for maintenance of the detention basin and Walmart's onsite BMP's. In addition to the above items,there are several websites that list structural and non- structural stormwater BMP's for urban settings.If you have questions regarding any of these suggestions,please see me. Jz os United City of Yorkville Memo 800 Game Farm Road EST w Yorkville, Illinois 60560 4 Telephone: 630-553-4350 o ' ?p'' Fax: 630-553-7575 <LE. Date: August 11, 2006 To: Mayor, City Council, and Department Heads From: Lynsey Johnson Kawski, Administrative Assistant Subject: PC 2006-33 Wal-Mart Zoning Plat and Preliminary Plan Please refer to the June 14, 2006 Plan Commission packet for Wal-Mart's zoning plat and preliminary plan. UNITED CITY OF YORKVI LL E Current and Pending Residential Development Key* Pro /Development Name Developer Location T es of Units Units Acres Status Aspen Ridge Estates Aspen Ridge SW Corner of Fox Rd.and Pavillion Rd. Single Family 218 126 Annexation and Zoning Preliminary Plan Under Estates,LLC Review Autumn Creek Pulte Homes Immediately W of Grande Reserve,N of Rt.34 and S of Single Family 317 287 Unit 1 and 2 Final Plats Approved; Comer of Bristol Ridge Rd and Cannonball Tr. Town Homes 258 11.83%Built Out(22 SF,46 TH) Bailey Meadows Bailey Meadows W of SW Comer of Baseline Rd.and Rt.47 Single Family 189 150 Annexation,Zoning,and Revised Preliminary Plan Town Homes 153 Approved Blackberry Woods McCue Builders S of SW Comer of Rt.34 and West Cannonball Tr. Single Family 53 60 Annexation and Zoning Approved Single Family 82 Final Plat Under Review Briarwood Triangle Investments W of RL 47,N of Greenbriar Rd.,between Sunflower Single Family 41 36.85 14.63%Built Out(6 units) Estates and Prairie Gardens Single Family 467 630.9 Unit I-7 Final Plats Approved Bristol Bay Centex N and S of Galena Rd, between Rt.47 and Cannonball Tr. Condominiums 624 Final Plats Units 8-10 Under Review Town Homes 802 16.59%Built Out(73 SF,128 Condos,113 TH) Duplex 182 Bristol Ridge Pacific Homes Immediately S of comer of Galena Rd.and Cannonball Tr., Single Family 367 180 Preliminary Plan Under Review E and W of Cannonball Tr. Duplex 60 Caledonia Wyndham Deerpoint NW Corner of Rt.47 and Burlington Northern Railroad Single Family 206 85.28 6.8%Built Out(14 Units) Tracks,Near F.E.Wheaton Chally Property Wyndham Deerpoint W Corner of Rt.71 and Pavillion Rd.,Stretching W to and Single Family 234 154.1 Annexation,and Zoning Under Review;Preliminary around Pavillion Heights Plan Approved Cimarron Ridge Custom SE and SW Comer of Rt.34 and West Cannonball Tr. Single Family 29 40.82 92%Built Out Duplex 46 (65 Units,4 Duplex) W of SW comer of Rt.34 and Cannonball Trail, Single Family 162 156 Pre-Concept Plan Stage Conover-Fisher Property Rush Copley Immediately W of Blackberry Woods and E of Fox Hill, Duplex 60 Stretching N to Rt.34 and S to River Road Town Homes 60 Condominiums 150 Comeils Crossing Pacific Homes E of NE comer of Rt.47 and Comeils Rd. Single Family 31 15.35 Annexation,Zoning,and Preliminary Plan Approved Country Hills Dennis Dwyer,Inc. S of Rt.71,W of Southern Corner of Rt.71 and Rt.126 Single Family 138 65.6 63.37%Built Out Duplex 34 (22 SF,87 Units) ni Dhuse Farm(W of 47,S of Ament) RA Faganel Builders E of SE Corner of Ament Rd.and Immanuel Rd. Single Family 167 95.21 Concept Plan Stage C7 •Thn dM.p—b only 0e devebpmada that m WK enosid.Wufi em&-M pi g..My 31,2006. This cbm does NOT represent mdMW as ofthe `\ dnd4mmW ad sabdivoiom in the city. UNITED CITY OF YORKVI LLE Current and Pending Residential Development Key* Pro /Development Name Developer Location Types of Units Units Acres Status and Preliminary Plan Under Zoning, Evergreen Farm Estates Tanglewood SE Comer of Fox Rd.and Pavillion Rd. Single Family 76 49 Annexation, Review Single Family 33 34.71 93.5%Built Out Fox Highlands Custom E of SE comer of Rt.47 and Rt.71 Town Homes 84 (1 SF,114 Units) Duplex 6 Single Family 228 287 99.75%Built Out(403 Units) Fox Hill SE Comer of Eldamain Rd.and Rt.34 Town Homes 144 Duplex 32 Fox River Bluff Inland NE Corner of Highpoint Rd.and Fox.Rd. Single Family 450 302.6 Pre Concept Plan Single Family 1324 1,127.30 Final Plats Approved for Units 1-21,23 and 24 Grande Reserve MPI N of Rt.34,E of Pulte Property(Hinsdale Nursery),S of Duplex 394 8.23%Built Out(170 SF,48 TH) Kennedy Rd.,and W of Rickard Dr. Town Homes 632 Apartments 300 Greenbriar Custom W of Rt.47 Between Fox Road and Rt.71 Single Family 166 166 84%Built Out Duplex 34 (4 SF,164 Units) Harris Farm Meadowbrook W of NW Comer of Rt.47 and Rt.71 Single Family 348 161 Annexation and Zoning Under Review Heartland Circle Marker N of Fox River,Immediately E of Teri Ln.,Immediately W Single Family 250 129.546 54.4%Built Out(136 Units) of Tuma Rd. Heartland Crossing Marker SE comer of Rt.47 and Ament Rd,stretching past Wheeler Single Family 792 512 Annexation,Zoning,and Preliminary PUD Under Road extension to the S,and E to Lee Farm Review Heartland Subdivision Marker SE Corner of Rt.34 and McHugh Rd Single Family 186 135.576 96.77%Built Out(180 Units) Mallard S of S corner of Rt.126 and Rt.71,immediately W of Annexation,Zoning,and Hudson Lakes Development Prestwick and E of Windett Ridge Single Family 253 141.3 Preliminary Plan Approved Kendall Marketplace Harlem Irving NW Comer of Rt.34 and Cannonball Trail Single Family 28 192.1 Rezoning,Concept PUD,and Preliminary PUD Town Homes 164 Under Review Kendallwood Estates of Yorkville Kendall Land N of Rt.126,N to just below Van Emmon Rd.,and directly Single Family 70 37.58 Preliminary Plan Approved Development,LLC across from Wildwood Kyl)Ws Crossing West AMG Homes SW Corner of Faxon Road and West Cannonball Tr. Single Family 111 56.6 94.591%Built Out(105 Units) S of Faxon Rd.,W of West Cannonball Tr.and Kylyn's Kylyn's Ridge AMG Homes Crossing West Single Family 134 70 100%Built Out(134 Units) •medun�a ooy act:ae�ebroKaa mn m ,w�„ mn 000maoaaa ve m&vdTtr,g n ofJuly 31,2006. .Q nochatd=norrq a tmdeplaasofft aNeopma and auwiviaima in we ay. UNITED ED CITY OF YORKVI LLE Current and Pending Residential Development Key* Pro /Development Name Developer Location Types of Units Units Acres Status Longford Lakes Montalbano Immediately S of Jewel,N of Walnut St.,E of Rt.47,W of Town Homes 62 13.6 84%Built Out(52 Units) McHugh Rd, McKinnon Farm York Venture,LLC N Comer of Rt.71 and Rt.126 Single Family 774 449 Pre Concept Plan Condominiums 386 E to R[.47,W to Immanuel Rd.,N past Ament,and S past Single Family 936 906.44 Annexation,Zoning,and Preliminary PUD Plan MPI South(Tuttle,Burkhart,Kuhn,and Holt) MPI Town Homes 504 Walker Rd. Under Review Condominiums 325 S&K Development W of RL 47,between Fox Road and Rt.71(N of Prairie Gardens Senior Homes 56 24.2 100%Built Out(56 Units) LLC Greenbriar) Menard's-AMG E of Menardc,Stretching N to Kennedy Rd.and W to Rt. Single Family 18 142.2 17.87%Built Out Prairie Meadows Homes 47 Single Family 145 (14 SF of"18",63 SF of Lots 18+) Multi-Family 268 Prestwick of Yorkville Mallard SW Comer of Ashley Rd.and Rt. Single Family 345 193.8 Annexation and Zoning Approved,Final Plat Unit I Development Under Review S of Rt.71 Between Rt.47 and Rt.126(Immediately S and Single Family 404 320 Final Plats Units 1-6 Approved Raintree Village Concord,Lennar surrounding Country Hills Duplex 128 45.3%Built Out(195 SF,36 DU,10 TH) Town Homes 128 River's Edge Thee Windham N of W.Fox St.,Immediately W of White Oak Estates Single Family 166 96.906 92.17%Built Out(153 Units) E of NE Comer of Rt.34 and Eldamain Rd.,and N of Fox Single Family 120 270.6 Preliminary Plan Under Review Rob Roy Falls Sexton Hill Condominiums 174 Town Homes 204 Silver Fox Subdivision Midwest S of Fox Rd.,E of SE comer of Pavillion Rd and Fox Rd. Single Family 187 102.7 Annexation and Zoning Preliminary Plan Under Review Six Pillars of Yorkville W of NW Corner of Walker Rd.and Immanuel Rd., Single Family 632 350.37 Annexation,and Zoning Under Review Stretching N to E.Highpoint Rd. Sunflower Estates William Ryan NW corner of Rt.71 and Rt.47,Immediately S of Single Family 117 65.19 99.15%Built Out(116 Units) Greenbriar Tanglewood Trails Tanglewood East Side of Highpoint Rd.,S of Legion Single Family 39 67 1.5 mile review and Annexation Approved Villas at the Preserve Burnside W of SW Corner of Rt.47 and Rt.71,Across from Duplex 84 23.95 Final Plat Approved Sunflower Estates 4.76%Built Out(4 Units) Westbury East Village Ocean Atlantic SW Corner of Galena Rd.and Rt.47 Single Family 293 300 Amendment to Annexation Agreement and Town Homes 605 Preliminary PUD Plan Approved •rui•cnM npnmtsoory uK de„evpo,�a uui as ,, e dal omaidoedarArvs m devdopmg as ofluq 31,2006. 7Li.&Mdon NOTE w&epigasoftW 4WdDpmmb and eohdi�in dw city. UNITED CITY OF YORKVILLE Current and Pending Residential Development Key* Pro /Development Name Developer Location Types of Units Units Acres Status Westbury South Village Ocean Atlantic SE Comer of Comeils Rd.and Beecher Rd. Single Family 181 130 Amendment to Annexation Agreement and Town Homes 294 Preliminary PUD Plan Approved SE Comer of Galena and Eldamain Rd.,Stretching E to Single Family 749 750 Annexation,Zoning,and Concept PUD Under Westbury North,West,and Central Villages Ocean Atlantic Westbury East Village,and South to Westbury South Town Homes 1110 Review Village Condominiums 690 Single Family 484 586.1 Annexation and Zoning Approved,Concept Plan and Westhaven Marquette Land NW Comer of Rt.47 and Galena Rd. Age Restricted Single Family 568 PUD Amendment for North Portion Under Review Age Restricted Duplex 244 Whispering Meadows Kimball Hill Homes N of comer of W.Cannonball Tr and Faxon Rd.,S of Single Family 445 297.6 26.07%Built Out(1 l6 Units),Final Plats 1-4 Burlington Northern RR Tracks Approved White Oak Estates N of W.Fox St.,W of Morgan St. Single Family 94 113.776 93.62%Built Out(88 Units) White Pine Fames Tanglewood NE Corner of Galena Rd.and Eldamain Rd. Single Family 218 283 Annexation,Zoning,and Preliminary PUD Plan Town Homes 242 Under Review Wildwood Custom E of NE comer of Rt.47 and Rt.71 Single Family 43 27.76 90.70%Built Out(39 Units) Windett Ridge Wiseman Hughes E and SE of corner of Rt.47 Rd. Legion Road,N of Ament Single Family 280 163 30%Built Out(84 SF) N of NE Comer of Ament Road and Rt.47,Immediately S Windett Ridge II Wiseman Hughes and Contiguous to Windett Ridge Town Homes 198 91.79 Concept Plan Stage Wynstone Townhomes Wyndham Deerpoint S of SE Corner of Rt.47 and Rt.71,Immediately W of Fox Town Homes 56 9.64 PUD Plan Under Review Highlands York Wood Estates Wyndham Deerpoint S of Rt 71,between Highpoint Rd.and Pavillion Rd Annexation,Zoning,and Preliminary Plan Under Single Family 198 178.3 Review Yorkshire Estates Montalbano E of SE Comer of Rt.47 and Ament Rd. Single Family 293 155.825 Final Plat Unit I Approved Yorkville Senior Apartments Suppo LvLiving, W of Rt.47,S of Greenbriar Rd.N of Sunflower Estates Apartments 50 3.48 PUD Agreement Approved Single Family Total- 14311 Town Homes Total- 5700 Total Units on Key Estimated Units Still Multi-Family Total- 268 Senior Homes Total- 56 24906 To Be Constructed Duplex Total- 1060 Age Restricted Single Family- 568 21841 Apartment Total- 350 Age Restricted Duplex- 244 Condominium Total- 2349 -This chat tqp ft oelydse&e Iorw OWH stiff cemid.W fi.m d..bpmg aoOuly 31,2006. 7bu chsd does NOT npa orftmt as ofthe &e brsnmb and wbdivbiros in the ciry. UNITED CIT� OF YORKVILLE Population Projection Actual July- Build July Dec Out Jan 2006 2006 2007 2008 2009 2010 2011 2012 2012+ 2012+ Name of Current Total 'Jun Left To Build 2006 Build Build 2008 Build 2009 Build 2010 Build 2011 Build 2012 Build Build Development Develo er Unit Type Units 2006 Build Out PE Out 2007 PE Out PE Out PE Out PE Out PE Out PE Out Out PE Autumn Creek Pulte Homes Single Family 317 16 299 20 75 50 188 50 188 50 188 50 188 50 188 29 109 0 0 Town Homes 258 46 212 50 110 60 132 60 132 42 92 0 0 0 0 0 0 0 0 Bailey Meadows Bailey Meadows Single Family 189 0 189 0 0 20 75 25 94 40 150 48 180 56 210 0 0 0 0 Town Homes 153 0 153 0 0 20 44 40 88 40 88 53 117 0 0 0 0 0 0 Blackberry Woods McCue Builders Single Family 53 0 53 10 38 25 94 18 68 0 0 0 0 0 0 0 0 0 0 Single Family 82 0 82 0 0 10 19 30 57 30 57 12 23 0 0 0 0 0 0 Briarwood Triangle Single Family 41 0 35 15 56 10 38 10 38 0 0 0 0 0 0 0 0 0 0 Investments Single Family 467 50 397 50 188 100 375 75 281 60 225 50 188 62 233 0 0 0 0 Bristol Bay Centex Duplex 182 0 182 0 0 0 0 50 118 50 118 50 118 32 75 0 0 0 0 Town Homes 802 51 689 50 110 100 220 100 220 100 220 100 220 100 220 100 220 39 86 Condominiums 624 32 496 48 91 60 114 80 152 80 152 80 152 80 152 68 129 0 0 Caledonia Inland Single Family 206 13 193 20 75 45 169 50 188 50 188 28 105 0 0 0 0 0 0 Cimarron Ridge Custom Single Family 29 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Duplex 46 0 10 5 12 5 12 0 0 0 0 0 0 0 0 0 0 0 0 Corneils Crossing Pacific Homes Single Family 31 0 31 10 38 21 79 0 0 0 0 0 0 0 0 0 0 0 0 Country Hills Dennis Dwyer, Single Family 138 1 30 5 19 10 38 15 56 0 0 0 0 0 0 0 0 0 0 Inc. Duplex 34 0 34 5 12 10 24 19 45 0 0 0 0 0 0 0 0 0 0 Single Family 228 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Fox Hill Dresden Duplex 32 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Town Homes 144 6 25 15 33 10 22 0 0 0 0 0 0 0 0 0 0 0 0 Single Family 1324 43 1164 50 188 80 300 120 450 120 450 120 450 120 450 120 450 434 1,628 Grande Reserve MPI,Moser Duplex 394 0 394 25 59 25 59 40 94 40 94 40 94 40 94 40 94 144 338 Town Homes 632 39 593 50 110 40 88 60 132 60 132 60 132 60 132 60 132 203 447 Apartments 300 0 300 0 0 150 285 150 285 0 0 0 0 0 0 0 0 0 0 Heartland Circle Marker Single Family 250 27 147 30 113 50 188 50 188 17 64 0 0 0 0 0 0 0 0 Heartland Subdivision Marker Single Family 186 7 7 7 26 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Hudson Lakes Mallard Single Family 253 0 253 0 0 0 0 30 113 50 188 50 188 70 263 53 199 0 0 Development Kendallwood Estates of Kendall Land Dev. Single Family 70 0 70 10 38 20 75 40 150 0 0 0 0 0 0 0 0 0 0 Yorkville Menard's-AMG Single Family 18 1 4 4 15 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Prairie Meadows Homes Single Family 145 20 78 20 75 30 113 28 105 0 0 0 0 0 0 0 0 0 0 Multi-Family 268 0 268 0 0 0 0 50 95 75 143 75 143 50 95 18 34 0 0 Prestwick of Yorkville Mallard Single Family 345 0 345 40 150 60 225 75 281 90 338 80 300 0 0 0 0 0 0 Development Single Family 404 32 256 30 113 100 375 75 281 51 191 0 0 0 0 0 0 0 0 Raintree Village Concord,Lennar Duplex 128 20 92 20 47 25 59 25 59 22 52 0 0 0 0 0 0 0 0 Town Homes 128 6 122 10 22 25 55 25 55 25 55 37 81 0 0 0 0 0 0 River's Edge The Windham Single Family 166 5 43 20 75 23 86 0 0 0 0 0 0 0 0 0 0 0 0 Group Villas at the Preserve Burnside Duplex 84 4 80 10 24 20 47 20 47 15 35 15 35 0 0 0 0 0 0 Westbury Village East Ocean Atlantic Single Family 293 0 293 0 0 70 263 75 281 75 281 73 274 0 0 0 0 0 0 Village Town Homes 605 0 605 0 0 120 264 125 275 150 330 150 330 60 132 0 0 0 0 Westbury South Village Ocean Atlantic Single Family 181 0 181 0 0 0 0 20 75 50 188 50 188 50 188 11 41 0 0 Town Homes 294 0 294 0 0 0 0 20 44 50 110 50 110 50 110 50 110 74 163 Single Family 484 0 484 0 0 0 0 0 0 25 94 25 94 25 94 30 113 379 1,421 Westhaven Pulte/Del Webb Age Rest.SF 568 0 568 0 0 100 180 100 180 100 180 100 180 100 180 68 122 0 0 Age Rest.DU 244 0 244 0 0 25 45 25 45 25 45 25 45 25 45 30 54 89 160 Whispering Meadows Kimball Hill Single Family 445 57 329 60 225 75 281 75 281 75 281 44 165 0 0 0 0 0 0 Homes Windett Ridge Wiseman Hughes Single Family 280 19 215 25 94 50 188 50 188 50 188 40 150 0 0 0 0 0 0 Wynstone Townhomes Wyndham Deerpoint Town Homes 56 0 56 0 0 30 66 26 57 0 0 0 0 0 0 0 0 0 0 Yorkshire Estates Montalbano Single Family 293 0 293 0 0 10 38 20 75 30 113 40 150 50 188 50 0 93 349 Yorkville Senior Supportive Living Apartments 50 0 50 0 0 50 95 0 0 0 0 0 0 0 0 0 0 0 0 Apartments Facility,LLC 495 10938 Current Developments Per Year Totals 714 2,231 1,734 5,018 1,946 5,561 1,737 5,030 1,545 4,400 1,080 3,049 727 1,807 1,455 4,592 City Population With Current Developments Only 13,500 15,731 20,749 26,310 31,340 35,740 38,789 40,596 45,188 This chart represents all developments on the City Development Key,and contains developments in concept stage. Commencement of construction and completion of buildout within the territories of the United City of Yorkville and the projected planning area may occur in phases. The City does not warrant the accuracy of the information contained within this chart,and therefore is to be used as a planning tool only. The chart in no way represents an agreement between the City and any developer. Jul-06 UNITED Cff� OF YORKVILLE Population Projection Actual July- Build July Dec Out Jan 2006 2006 2007 2008 2009 2010 2011 2012 2012+ 2012+ Name of Future Total -Jun Left To Build 2006 Build Build 2008 Build 2009 Build 2010 Build 2011 Build 2012 Build Build Development Developer Unit Type Units 2006 Build Out PE Out 2007 PE Out PE Out PE Out PE Out PE Out PE Out Out PE Aspen Ridge Estates Aspen Ridge Single Family 218 0 218 0 0 15 56 25 94 40 150 50 188 50 188 38 143 0 0 Estates,LLC Brighton Oaks II Single Family 54 0 54 0 0 0 0 0 0 10 38 20 75 24 90 0 0 0 0 Bristol Ridge Pacific Homes Single Family 367 0 367 0 0 20 75 40 150 50 188 50 188 50 188 50 188 107 401 Duplex 60 0 60 0 0 10 24 20 47 30 71 0 0 0 0 0 0 0 0 Wyndham Chally Property Deerpoint Single Family 234 0 234 0 0 20 75 30 113 45 169 50 188 50 188 39 146 0 0 Single Family 162 0 162 0 0 0 0 0 0 0 0 10 38 20 75 50 188 82 308 Conover-Fisher Rush Copley Duplex 60 0 60 0 0 0 0 0 0 10 24 20 47 20 47 10 24 0 0 Property Town Homes 60 0 60 0 0 0 0 0 0 10 22 20 44 20 44 10 22 0 0 Condominiums 150 0 150 0 0 0 0 0 0 30 57 50 95 50 95 20 38 0 0 Dhuse Farm RA Faganel Single Family 167 0 167 0 0 0 0 10 38 30 113 30 113 45 169 45 169 7 26 Builders Evergreen Farm Tanglewood Single Family 76 0 76 0 0 0 0 15 56 25 94 25 94 11 41 0 0 0 0 Fox River Bluffs Inland Single Family 450 0 450 0 0 0 0 0 0 0 0 10 38 30 113 40 150 370 1,388 Harris Farm Meadowbrook Single Family 348 0 348 0 0 0 0 0 0 0 0 20 75 50 188 75 281 203 761 Heartland Crossing Marker Single Family 792 0 792 0 0 0 0 10 38 30 113 50 188 75 281 75 281 552 2,070 McKinnon Farm York Venture,LLC Single Family 774 0 774 0 0 0 0 0 0 0 0 50 188 50 188 75 281 599 2,246 Condominiums 386 0 386 0 0 0 0 0 0 0 0 50 95 50 95 50 95 236 448 MPI South(Tuttle, Single Family 935 0 935 0 0 0 0 25 94 120 450 125 469 125 469 125 469 415 1,556 Burkhart,Kuhn,and Moser Town Homes 504 0 504 0 0 0 0 0 0 40 88 60 132 60 132 60 132 284 625 Holt) Condominiums 325 0 325 0 0 0 0 0 0 0 0 0 0 175 333 150 285 0 0 Single Family 120 0 120 0 0 0 0 0 0 20 75 40 150 40 150 20 75 0 0 Rob Roy Falls Sexton Town Homes 204 0 204 0 0 0 0 0 0 20 44 40 88 50 110 50 110 44 97 Condominiums 174 0 174 0 0 0 0 0 0 20 38 40 76 40 76 50 95 24 46 Silver Fox Subdivision Midwest Single Family 187 0 187 0 0 30 113 30 113 30 113 30 113 30 113 30 113 7 26 Six Pillars of Yorkville Hallmark Homes Single Family 632 0 632 0 0 0 0 10 38 40 150 50 188 75 281 75 281 382 1,433 Tanglewood Trails Tanglewood Single Family 39 0 39 15 56 24 90 0 0 0 0 0 0 0 0 0 0 0 0 Westbury West,North, Single Family 749 0 749 0 0 0 0 0 0 50 188 50 188 50 188 50 188 549 2,059 and Central Village Ocean Atlantic Town Homes 1110 0 1110 0 0 0 0 0 0 100 220 100 220 100 220 100 220 710 1,562 Condominiums 690 0 690 0 0 0 0 0 0 75 143 75 143 75 143 75 143 390 741 White Pines Farm Tanglewood Single Family 218 0 218 0 0 0 0 10 38 25 94 30 113 30 113 30 113 93 349 Town Homes 242 0 242 0 0 0 0 10 22 25 55 30 66 30 66 30 66 117 257 Windett Ridge 11 Wiseman Hughes Town Homes 198 0 198 0 0 0 0 50 110 50 110 50 110 48 106 0 0 0 0 York Wood Estates Wyndham Single Family 198 0 198 0 0 0 0 25 94 30 113 30 113 30 113 30 113 53 199 Deerpoint 0 10883 Future Developments Per Year Totals 15 56 119 433 310 1,045 955 2,920 1,255 3,823 1,553 4,603 1,452 4,409 5,224 16,598 02 � • T Future Developments Population Totals 0 56 489 1,534 4,454 8,277 12,880 17,289 33,887 lti ill � � �, r0 ffCurrent and Future Per Year Totals 729 2,287 1,853 5,451 2,256 6,606 2,692 7,950 2,800 8,223 2,633 7,652 2,179 6,216 6,679 21,190 lation with Current and Future Developments 13,500 15,787 21,238 27,844 35,794 44,017 51,669 57,885 79,075 This chart represents all developments on the City Development Key,and contains developments in concept stage. Commencement of construction and completion of buildout within the territories of the United ity of Yorkville and the projected planning area may occur in phases. The City does not warrant the accuracy of the information contained within this chart,and therefore is to be used as a planning tool only. The chart in no way represents an agreement between the City and any developer. Jul-06 Prepared by: Attorney Robert P. Pilmer LAW OFFICE OF ROBERT P. PILMER,P.C. 215,Hillcrest Avenue, Suite C P.O. Box 367 Yorkville,Illinois 60560-0367 After Recording Return to: Attorney Robert P. Pilmer LAW OFFICE OF ROBERT P. PILMER,P.C. P.O. Box 367 Yorkville,Illinois 60560-0367 Grantees' Address and Future Tax Bills to: Mr. and Mrs. David L. Tremain 219 West Kendall Drive Yorkville, Illinois 60560 QUIT CLAIM DEED THIS INDENTURE WITNESSETH, that the Grantor, UNITED CITY OF YORKVILLE, an Illinois Municipal Corporation, of 800 Game Farm Road, Yorkville,Kendall County,Illinois, for and in consideration of Ten and no/100ths Dollars ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, CONVEYS and QUIT CLAIMS to DAVID L. TREMAIN and VELDA M. TREMAIN,husband and wife, of 219 West Kendall Drive, Yorkville, Kendall County, Illinois, the following described real estate -'tilated in Kendall County, Illinois: THAT PART OF LOT 2 IN BLOCK 6 OF COUNTRYSIDE CENTER,UNIT NO.2,IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 15 IN BLOCK 7 OF SAID COUNTRYSIDE CENTER FOR THE POINT OF BEGINNING;THENCE WESTERLY ON THE NORTH LINE OF SAID LOT 15,EXTENDED WESTERLY, 40.00 FEET; THENCE SOUTHERLY,PARALLEL WITH THE WEST LINE OF SAID LOT 15,A DISTANCE OF 112.50 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 15, EXTENDED WESTERLY; THENCE EASTERLY ALONG SAID SOUTHERLY LINE EXTENDED WESTERLY, 40.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 15;THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 15, A DISTANCE OF 112.00 FEET TO THE POINT OF BEGINNING, ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. in Joint Tenancy and not as tenants in common or tenants by the entirety. PIN: 02-20- COMMON ADDRESS: Vacant land Dated: August , 2006. UNITED CITY OF YORKVILLE By: Arthur Prochaska, Jr.,Mayor ATTEST The undersigned,Clerk of the United City of Yorkville,does hereby certify that on August 15,2006, the City Council of the United City of Yorkville,passed an ordinance authorizing the Mayor of the United City of Yorkville to execute this deed transferring the property described herein to the grantors named herein. (SEAL) Jackie Milschewski STATE OF ILLINOIS ) )SS. COUNTY OF KENDALL ) The undersigned,a Notary Public in and for said County and State aforesaid,does hereby certify that Arthur Prochaska, Jr., as Mayor of the United City of Yorkville, and Jackie Milschewski, as Clerk of the United City of Yorkville,personally known to me to be the same persons whose names are subscribed to the foregoing instrument as having executed the same,appeared before me this day in person and acknowledged that they signed,sealed and vered this instrument as their free and voluntary act for the uses and purposes set forth herein. Given under my hand and Notarial Seal on August , 2006. Notary Public This transfer is exempt from the provisions of the Real Estate Transfer Tax Law(3 5 ILC S 200/31-1 et seq.)pursuant to§31- 45(b) of said Law. Dated: August , 2006. Grantor, Grantee, or Representative PLA Or s- U . OF THAT PART OF LOT 2 IN E)L.Q:CK 6 OF COUNTRYSIDE CENTER, UNIT NO- 2. IN THE UNITED CITY OF YORK M- LE, KENDALL COUNTY, ILLINOIS, B€ING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF '°■' ""' LOT 15 IN BLOCK 7 OF SAID COUNTRYSIDE CENTER FOR THE POINT OF BEGINNING; THENCE WESTERLY ON THE NORTH LINE OF SAID LOT 15, EXTENDED WESTERLY, 40.00 FEET; THENCE .SOUTHERLY, PARALLEL WITH THE WEST LINE OF SAID LOT 15, A DISTANCE OF 112.5.0 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 15, EXTENDED WESTERLY; THENCE EASTERLY ALONG SAID SOUTHERLY LINE EXTENDED WESTERLY, 40.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 15; THENCE NORTHERLY ALONG Scale: 1 " .� 30' THE WEST LINE OF SAID LOT 15, A DISTANCE OF 112.00 FEET TO THE POINT OF BEGINNING, ALL IN 'THE UNaTED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. LOT 2 � SET IRON / Slp©©• / SET IRON -._ Lk"J"T . ni 4 RAC Iry As I'v Jo ev FPOND 15 N � / CZWRCIE, Q 40 00, ps !! .ss ` (? p o 'o qs ok 44C b 1p Lk""T 142 .ry .y we �Q a0 P 3> �%03�O� F�11 STATE OF II L*"$ ) COUNTY OF KENDALL ) THIS IS TO CERTIFY TO f?II,MER 11 BARNNART TNAi I, RONAI.O Q BAUER AN KNOT$ I+ROFE$$ONAL SAND SURH YOR IN AF COUNTY ANF� �sTAI , MAVE Ei A$ Y CDk ]I1C 4P 11�I TU i aCRI E0 TQ Dt CURRENT �Iii,T+C":: 14UT)1 $ PR ' JNJ1iy ; VIE J41101 SrtA► 1ARD3 AND TNAf lw I .lrf iI�(t N.f1RATiIN.i �t#.f T! FACTS F 1N46 At INC TIMF CASEMENTS , R PLAT ARE t. Q 2 TO US B b.TFIrtFF pI�l,IY NtAN� TIdE I�i;IF1RIyEi1 StIBDIVISI RwB GIVEN UNDER Y MA"D AN L Al O. ILUNOIS INS 3rd DAY OF F9MARY. 2005 A•0 F IMAM of SURVE"twoks q lITI.'.. P�tbE1AL tiV YOR2 4 Weot MOin SRtren# REFER TO A CURRENT TITLE INSURANCE PQUOY FOR EASEMENTS NOT PRQVIDED- b�F 4 ,� Rlmno I:IIi,nOis 6100,.5 $WIA�I ►J 1fN iuSE FOR iUNr OVER$PIA 1FTAN 1 AND TW WI iG T wR�f< N ��FF`r FS +`�• +,5244..... Ty CON5�6FIi t AN AUTNIIiEf? AUNT OF Tta dt ASSw' ATES lANL1 SUaVEYOFtS. INC. a�``�aecac�saaoeae++++��, Page 1 of 4 UNITED CITY OF YORKVILLE DRAFT PUBLIC WORKS COMMITTEE MEETING MONDAY,NNE 5,2006 7:00 P.M. City Hall Conference Room PRESENT: Mayor Art Prochaska Alderman Joe Besco, Chairman Alderman Paul James Alderman Dean Wolfer Alderman Marry Munns (arrived at 8:28 pm) Public Works Director Eric Dhuse City Engineer Joe Wywrot, David Mogle(left at 7:48 pm) City Administrator John Crois Jeff Freeman, EEI Krista Simons, SRBL Ray Lee, SRBL The meeting was called to order at 7:00 pm. by Joe Besco. Approval/Correction of Minutes: March 6,2006,April 3,2006, and May 1,2006— The minutes were approved. Presentations: None. New Business 1. PW 2006-91 Park Maintenance Building Update-Krista Simons and Ray Lee were here to discuss the design. There is a parking lot for employees and night meetings, and a parking lot for visitors during the day and parking for the ball field at night. There is a basketball hoop at the end of the visitor parking lot. They showed pictures of buildings in the area, and buildings in other areas that are similar uses. They discussed the plan for the administrative area and vehicle and shop area. The dashed line buildings are to be built sometime in the future. The solid line buildings are what will be built now. To add the future vehicle storage would add $1.3 million to the project. There was some discussion about the fence. They would probably use green PVC coated chain link or a PVC material that looks like wood. The storm sewer was sized for an open grass park. Aggregate and pavers would send the cost up,but it may be cheaper than changing the storm sewer. There was discussion about moving the greenhouse and plant and tree storage further away from the salt storage. Page 2 of 4 There is a multi story office building next door to this facility. The concept plan will be looked at and roofs can be added to the storage bins. There can also be landscape islands between the future storage buildings. The price for this design is basically the same besides the salt storage and inflation. This price is for everything in the design that does not say "future". This will move on to COW with some additional information from Speer Financial. 2. PW 2006-92 South Waterworks Improvements—Supplemental Engineering Agreement—This brings the water up to Fox Rd. and Pavillion Rd. Meadowbrook, Silver Fox,Evergreen Farm, Aspen Ridge, Chally Farm and Yorkwood Estates developments are all helping to fund these improvements. The wanted more storage and supply rather than off site water mains. This will proceed as soon as it is funded and approved. This will move on to COW for discussion. 3. PW 2006-93 Southwest Transportation Improvements—Engineering Agreement —Greenbriar Rd. will be extended to Pavillion Rd. Fox Rd. will be resurfaced approximately 5,000 feet to the East end of the Fox Hill subdivision. There was discussion about the connection of Pavillion Rd. to Eldamain and a question of whether Greenbriar Rd. could be extended to Highpoint. Greenbriar could not be extended that far because of existing development. The county wants curb and gutter roads by Aspen Ridge. This will be a significant additional cost. There was discussion about filling in the gaps in sidewalk all the way down Fox Rd. This will move forward subject to the developers making the deposits. This will go on to COW for discussion. 4. PW 2006-94 SCADA Improvements—Bid Results—SCADA stands for supervisory control and data acquisition. This will tie all the waterworks systems together. 2 bids were received and the recommendation is to award the bid to Kamp/Synergy, LLC in the amount of$147,237. This is a budgeted amount. This will move on to COW on June 20th on Consent Agenda. 5. PW 2006-95 Engineering Agreement—Aux Sable Creek Interceptor, Force Main, & Pump Station—This is a contract with Water Deutchler and Associates. IT is for a pump station, a force main, and a gravity interceptor sewer that extends West to Immanuel Rd. This will be discussed with the developer groups and would be subject to developer funding. This will go on to the June 20th COW on Consent Agenda. 20. PW 2006-110 Blackberry Creek Dam—Feasibility Study—The Army Corps of Engineers is donating this feasibility study for removal of the Blackberry Creek Dam. Other groups may use the study once it is complete. There was some discussion about the effects of removing the dam on the creek and concerns about J C Pond. This will go on to COW as informational. 18. PW 2006-108 Route 34/Sycamore Road Intersection—Traffic Signal Warrants—No money is budgeted for this at this time. If this is sent to IDOT, and they concur with this study,then the city has to put in the signal. The City will have to find the money for the engineering this year. There was a question of whether the developers would help fund the signal. This will be sent to IDOT immediately and go on to COW for discussion. Page 3 of 4 6. PW 2006-96 Water Department Report for February 2006—This will go on to COW on Consent Agenda. 7. PW 2006-97 Water Department Report for March 2006—This will go on to COW on Consent Agenda. 8. PW 2006-98 Water Department Report for April 2006—This will go on to COW on Consent Agenda. Eric Dhuse said he has been seeing high water users this past weekend. He said there is always the rule of even/odd watering only in the early morning or at night. 9. PW 2006-99 Well No. 7 Treatment Facility—Change Order No. 6—This change order in the amount of$6,932.27 is for additional valving for the brine tank and the raw water sample, a permanent space heater outside the electric cabinet and additional builder's risk insurance. This will go on to COW on Consent Agenda 10. PW 2006-100 Well Nos. 3 & 4 Treatment Facility—Change Order No. 1— This change order in the amount of$2,755 is for a pulsation dampener for the brine pump. This will go on to COW on Consent Agenda. 11. PW 2006-101 Rob Roy Creek Interceptor(Contract#^) - Change Order No. 1 —This is a decrease in the amount of$76,509.16. This will go on to COW on Consent Agenda. 12. PW 2006-102 Rob Roy Creek Interceptor(North Branch Contract#1)—Bid Results—The low bidder is Anderson Underground, Inc. Although the city has never worked with this company before, Walter Deutchler has and they are pleased. The engineer's estimate was $1.26 million, and the bid came in at$966,861.87. This will be funded through a bond. This will go on to COW on Consent Agenda 13. PW 2006-103 Backhoe Bid Results—The bid opening was May 19th. There was only 1 bid but it was a very competitive price and a fair trade-in value. This will move on to COW on Consent Agenda 14. PW 2006-104 Raymond Storm Sewer Outfall—IDOT Highway Permit—This is the permit to cross Rt. 47 with the 60"diameter storm sewer outfall. IDOT must approve the plan. At this time,the City does not know who will build it. It will not be a city contract. If the developer does it,the developer will be bonded for the work. If it is a builder,there will be a construction guarantee. This will move on to COW on Consent Agenda 15. PW 2006-105 Fog Hill Unit 7—Request for Acceptance—Only 2 of the 12 buildings are up, and they are not functional yet. Fox Hill is special,in that there is no warranty period. Staff recommends not to accept the public improvements at this time. This will be sent to John Wyeth for review. This will come back to Public Works in July. 16. PW 2006-106 Prestwick of Yorkville(Phase 1)—Letter of Understanding— This addresses ownership and maintenance for a section of City storm sewer located outside the City limits. This will move on to COW for discussion with the understanding that the draft may change. Page 4 of 4 17. PW 2006-107 Prestwick of Yorkville (Phase 1)—Construction Guarantee— This is treated as a letter of credit reduction before the letter of credit is established. Alderman Besco wondered if the committee should look at the policy for this. The City could require the developer to take out a letter of credit in the full amount, and then turn around and give him the letter of credit reduction. Joe Wywrot said there is no liability for the City in this, it all falls on the developer. This will move on to COW on Consent Agenda. 19. PW 2006-109 Grande Reserve—Neighborhood 17 Water main Easement— This easement is needed to complete the loop between Grande Reserve and the rest of town. There is a 1-way pump and no booster station. There is only a PRV station. This will move on to COW on Consent Agenda. 21. PW 2006-111 New Water Meter System—This is to try a new water meter system from American Meter Co. Eric Dhuse does not want to commit to the whole system until he is able to test them. These 500 meters will be hosted by the company and the results will be sent to the city. It will cost$3,500 per year for the testing and $8,000 for the transmitters. There will be 500 of these meters located in Grande Reserve. This will move on to COW on Consent Agenda. 22. PW 2006-112 MFT Crack Filling Project—Bid Results—This will go on to COW on Consent Agenda. This will be funded with MFT dollars. 23. PW 2006-113 Sunfield Restaurant—IDOT Highway Permit—This is for the sidewalk. There will be a bond or a letter of credit for the work. This will go on to COW on Consent Agenda. Old Business 1. PW 2006-81 Heartland Circle Sediment Control—There is a new fabric being used made of heavy duty woven screen. They are using this new material in Wyndett Ridge. Bristol Bay is using the Baskets. This will be removed from the agenda. No further action is necessary. 2. Liaison Responsibilities—Joe Besco would like to go to YBSD meetings. Paul James has been going to some Park Board meetings. Dean Wolfer would split the meetings with Paul. The Council will be reviewing the status of the liaison responsibilities. Additional Business Alderman Besco received a call from the owner of Wendy's. He said the trees at the car wash are blocking the Wendy's sign. He asked why the grass was not cut in front of Wendy's when it was cut everywhere else. Joe Wywrot said he thought the only reason it would have been missed was if there was some debris out there. He also said the sign Wendy's originally proposed, and was told no, is the same sign Culvers installed. Bill Dettmer will be consulted. The meeting was adjourned at 9:12 P.M. Minutes submitted by Laura Leppert Page 1 of 1 PRAFT PUBLIC WORKS COMMITTEE MEETING Monday, July 3, 2006 7:00 pm City Hall Conference Room CITY STAFF PRESENT: Eric Dhuse - Director of Public Works Joe Wywrot—City Engineer John Crois—Interim City Administrator Due to lack of a quorum, the meeting was cancelled at 7:1 Opm. By: Marlys Young, Minute Taker 1A/ r� ♦,QED C/Ty Reviewed By: Legal ❑ City Council Finance ❑ 1836 Engineer In►�6 City Administrator ❑ Agenda Item Tracking Number � k! Qcx� Consultant ❑ <ItE"�w ❑ City Council Agenda Item Summary Memo Title: Routine IDOT Highway Permit- Saravanos Route 47 Improvements City Council/ COW/ Committee Agenda Date: 8/15/06 Committee of the Whole Synopsis: This IDOT highway permit application is for construction of a traffic signal and turn bays on Route 47 at the entrance to the Saravanos development. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Authorize Mayor and City Clerk to sign permit application. Approve resolution guaranteeing satisfactory completion of work. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: r o United City of Yorkville Memo J 0 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 LE Date:��'�• Date: July 17, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer v CC: Lisa Pickering Deputy City C rk Subject: Routine IDOT Highway Permit Saravanos Route 47 Improvements Attached find one copy each of a proposed IDOT highway permit and the corresponding resolution for construction of a traffic signal and turn bays on Route 47 at Saravanos Drive. IDOT now requires the municipality to be the applicant for all work in their right-of-way. They also require a resolution from the city to guarantee the work. We in turn will require the developer to provide a guarantee to us that they will perform the work and satisfy IDOT's requirements. I recommend that this permit application and corresponding resolution be approved. Please place this permit and resolution on the Committee of the Whole agenda of August 15, 2006 for consideration. Illinois Department of Transportation Highway Permit District Serial No. L-9322 Whereas, I (We) City of Yorkville/Saravanos Development c/o Smith Enaineerina 759 John Street (Name of Applicant) (Mailing Address) Yorkville IL 60560 hereinafter termed the Applicant, (City) (State) request permission and authority to do certain work herein described on the right-of-way of the State Highway known as IL Route 47 , Section ------ from Station to Station Kendall County. The work is described in detail on the attached sketch and/or as follows: Located South of Illinois 71. Upon approval this permit authorizes the applicant to locate, construct, operate and maintain at the above mentioned location, a signalized commercial entrance and related improvements as shown on the attached plans which become a part hereof. The applicant shall notify John Humenick, Field Engineer, Phone: 630-553-7337 or the District Permit Section, Phone: 815-434-8490 twenty-four hours in advance of starting any work covered by this permit. Aggregate material shall be obtained from a state approved stockpile and shall be: SUB-BASE GRANULAR MATERIAL TYPE A (CA-6 GRADATION). (SEE ATTACHED SPECIAL PROVISIONS) It is understood that the work authorized by this permit shall be completed within 180 days after the date this permit is approved, otherwise the permit becomes null and void. This permit is subject to the conditions and restrictions printed on the reverse side of this sheet. This permit is hereby accepted and its provisions agreed to this day of Witness City Clerk Signed Mayor Applicant 800 Game Farm Road 800 Game Farm Road Mailing Address Mailing Address Yorkville Illinois 60560 Yorkville, Illinois 60560 city State city State SIGN AND RETURN TO: Regional Engineer Approved this day of Department of Transportation cc: Applicant (2) Field Engineer Final Inspection BY: Deputy Director of Highways,Regional Engineer Printed July 3,2006 OPER 1045(Rev.5/06) First: The Applicant represents all parties in interest and shall furnish material, do all work, pay all costs, and shall in a reasonable length of time restore the damaged portions of the highway to a condition similar or equal to that existing before the commencement of the described work, including any seeding or sodding necessary. Second: The proposed work shall be located and constructed to the satisfaction of the District Engineer or his duly authorized representative. No revisions or additions shall be made to the proposed work on the right-of-way without the written permission of the District Engineer. Third: The Applicant shall at all times conduct the work in such a manner as to minimize hazards to vehicular and pedestrian traffic. Traffic controls and work site protection shall be in accordance with the applicable requirements of Chapter 6 (Traffic Controls for Highway Construction and Maintenance Operations) of the Illinois Manual on Uniform Traffic Control Devices for Streets and Highways and with the traffic control plan if one is required elsewhere in the permit. All signs, barricades, flaggers, etc., required for traffic control shall be furnished by the Applicant. The work may be done on any day except Sunday, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Work shall be done only during daylight hours. Fourth: The work performed by the Applicant is for the bona fide purpose expressed and not for the purpose of, nor will it result in, the parking or servicing of vehicles on the highway right-of-way. Signs located on or overhaning the right-of-way shall be prohibited. Fifth: The Applicant, his successors or assigns, agrees to hold harmless the State of Illinois and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of this permit. Sixth: The Applicant shall not trim, cut or in any way disturb any trees or shrubbery along the highway without the approval of the District Engineer or his duly authorized representative. Seventh: The State reserves the right to make such changes, additions, repairs and relocations within its statutory limits to the facilities constructed under this permit or their appurtenances on the right-of-way as may at any time be considered necessary to permit the relocation, reconstruction, widening or maintaining of the highway and/or provide proper protection to life and property on or adjacent to the State right-of-way. However, in the event this permit is granted to construct, locate, operate and maintain utility facilities on the State right-of-way, the Applicant, upon written request by the District Engineer, shall perform such alterations or change of location of the facilities, without expense to the State, and should the Applicant fail to make satisfactory arrangements to comply with this request within a reasonable time, the State reserves the right to make such alterations or change of location or remove the work, and the Applicant agrees to pay for the cost incurred. Eighth: This permit is effective only insofar as the Department has jurisdiction and does not presume to release the Applicant from compliance with the provisions of any existing statutes or local regulations relating to the construction of such work. Ninth: The Construction of access driveways is subject to the regulations listed in the "Policy on Permits for Access Driveways to State Highways." If, in the future, the land use of property served by an access driveway described and constructed in accordance with this permit changes so as to require a higher driveway type as defined in that policy, the owner shall apply for a new permit and bear the costs for such revisions as may be required to conform to the regulations listed in the policy. Utility installations shall be subject to the "Policy on the Accommodation of Utilities on Right-of-Way of the Illinois State Highway System." Tenth: The Applicant affirms that the property lines shown on the attached sheet(s) are true and correct and binds and obligates himself to perform the operation in accordance with the description and attached sketch and to abide by the policy regulations. SPECIAL PROVISIONS This work shall be done according to the cross section shown on the attached sketch, and at no place between the edge of the pavement and the ditch line shall the drive be higher than the edge of pavement. The state right of way shall be left in good condition. (No advertising matter shall be placed on the state right of way). The petitioner, their successors, or assigns, shall maintain that portion of the driveway on state right of way in such a manner satisfactory to the department, otherwise the department will maintain the shoulders included in the entrance driveways to the same standard that exists on adjacent shoulders, and if necessary, such areas will be restored to the original cross section and earth shoulders. All turf areas which are disturbed during the course of this work shall be restored to the original line and grade and be promptly seeded in accordance with Standard State Specifications. Whenever any of the work under this permit involves any obstruction or hazard to the free flow of traffic in the normal traffic lanes, plans for the proposed method of traffic control must be submitted to and approved by the Regional Engineer at least 72 hours, and preferably longer, before the start of work. All traffic control shall be in accordance with the State of Illinois Manual of Uniform Traffic Control Devices and amendments thereof. It should be noted that standards and typical placement of devices shown in the Uniform Manual are minimums. Many locations may require additional or supplemental devices. The petitioner agrees to furnish the necessary barricades, lights, and flagmen for the protection of traffic. Traffic shall be maintained at all times. The applicant agrees to notify the Department of Transportation upon completion of work covered under the terms and conditions of this permit so that a final inspection and acceptance can be made. To avoid any revisions to the work completed under the highway permit, the applicant should insure the conditions and restrictions of this permit, the applicable supplemental permit specifications and permit drawing are fully understood. If this permit work is contracted out, it will be the responsibility of the applicant to furnish the contractor with a copy of this highway permit, as the applicant will be responsible for the contractor's work. A copy of approved permit shall be present on job site at all times the work is in progress. The department reserves the right to reject or accept any contractor hired by the applicant. All excavations shall be promptly backfilled, thoroughly tamped and any excess material removed from the state right of way (including rock exposed during backfilling operations). Mounding or crowning of backfill will not be permitted. All material or equipment stored along the highway shall be placed as remote as practical from the edge of pavement in a manner to minimize its being a hazard to errant vehicles or an obstacle to highway maintenance. If material is to be stored on the highway right of way for more than two weeks prior to installation, written approval must be obtained from the department. RESOLUTION WHEREAS, the city of Yorkville is located in the county of Kendall, state of Illinois, wishes to construct a signalized commercial entrance onto Illinois 47 which by law comes under the jurisdiction and control of the Department of Transportation of the state of Illinois, and WHEREAS, a permit from said department is required before said work can be legally undertaken by said city of Yorkville; now THEREFORE, be it resolved by the city of Yorkville, county of Kendall, state of Illinois. FIRST: That we do hereby request from the Department of Transportation, state of Illinois, a permit authorizing the city of Yorkville to proceed with the work herein described and as shown on enclosed detailed plans. SECOND: Upon completion of the commercial entrance by the developer and acceptance by the city, the city guarantees that all work has been performed in accordance with the conditions of the permit to be granted by the Department of Transportation of the state of Illinois. Further, the city will hold the state of Illinois harmless for any damages that may occur to persons or property during such work. The city will require the developer to obtain a bond and a comprehensive general liability insurance policy in acceptable amounts and will require the developer to add the State of Illinois as an additional insured on both policies. THIRD: That we hereby state that the proposed work 0, is not, (delete one) to be performed by the employees of the city of Yorkville. FOURTH: That the proper officers of the city of Yorkville are hereby instructed and authorized to sign said permit in behalf of the city of Yorkville. I, , hereby certify the above to be a City Clerk true copy of the resolution passed by the City Council of the city of Yorkville, county of Kendall of Illinois. Dated this day of A.D. 2006 (Signature) (CORPORATE SEAL) RESOLUTION Ptw CO. Reviewed By: J2 pT Legal ❑ City Council Finance ❑ `' EST. , '- .. °-.1836 � Y�.,� -)�L��od Engineer o City Administrator ❑ Agenda d/a Item Tracking Number �! 20 Consultant ❑ q w - - ��CE t��'�` ❑ City Council Agenda Item Summary Memo Title: Rob Roy Creek Interceptor(Contract 4)-Change Order#1 City Council/COW/Committee Agenda Date: 8/15/06 Committee of the Whole Synopsis: This change order is for removal and replacement of 260 LF of 30" field tile. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: United City of Yorkville Memo 800 Game Farm Road EST Yorkville, Illinois 60560 y Telephone: 630-553-8545 Fax: 630-553-3436 SCE Date: July 17, 2006 To: John Crois, Interim City Administrator, \ From: Joe Wywrot, City Engineer �1 CC: Lisa Pickering, Deputy City Cie Subject: Rob Roy Creek Interceptor(Contract 4)—Change Order#1 Attached find one copy of proposed Change Order#1 for the referenced project. This change order, in the amount of a$21,871.63 increase, is for work required to replace the two existing 30"Raymond Drainage District field tiles about 900 feet north of the BNRR tracks where they were crossed by the interceptor sewer. These tiles are to remain in service, even after the Raymond Regional Detention basin and outfall storm sewer are constructed. The contract documents establish unit prices to be used to pay for tile replacement for tiles up to 24" diameter. For larger tiles, the cost is to be negotiated or paid as force account work. The work was performed on a force account basis. I recommend that this change order be approved. Please place this item on the Committee of the Whole agenda of August 15, 2006 for consideration WALTER E. DEUCHLER ASSOCIATES INC. Consulting Engineers 230 WOODLAWN AVENUE • TELEPHONE (630)897-4651 • FAx(630)897-5696 AURORA, ILUNois 60506 June 27, 2006 Mr. Joe Wywrot City Engineer City of Yorkville 800 Game Farm Road Yorkville,IL 60560 RE: Rob Roy Creek Interceptor- Contract 4 Change Order No. 1 W.E.D.A. Job#788-04050-01 Dear Joe: Please find enclosed Change Order No. l in the amount of$21,871.63 for extra.work done by D.Construction, Inc. This extra work was required while replacing the two existing 30-inch drain tiles across the Rob Roy Creek Interceptor,between Manholes 11 and 12 of Contract No. 4, at the outlet of the pond on Inland's property. The high cost of doing this extra work,which was due to poor soil conditions, amounted to: Labor expense $ 9,063.13 — Equipment expense $ 5,550.98 — Material expense $ 7.257.52 $21,871.63 We trust that Change Order No. l will be approved by the City Council for work done by D.Construction,Inc. Should you have any questions,please contact the undersigned. Very truly yours, WALTER DEUCHLER ASSOCIATES,INC. Philip e F. Moreau,P.E. PFWmw Encl. cc: D.Construction,Inc. Don Pieart,WEDA • Water Works and Sewerage • Buildings and Structures • Design and Construction • Streets and Street Lighting • Investigations and Reports • Project Financing Ub/ZU/LUUb 10:41 YAA U. UUCiUV4 M- 2U- 2006 9:23AM WALTER E DEUCHLER N0. 435 P. 3 CHANGE ORDER Order No. 1 Date 6-27-06 Agreement Date: NAME OF PROJECT: ROB ROY CREEK INTERCEPTOR. CONTRACT 4 YORKVILLE ILLnynrg OWNER UNITED CITY OF YORKVTLLE ILLINOIS CONTRACTOR D. CONSTRUCTION. INC. The following ebanges are hereby made to the CONTRACT DOCUMENTS: Justification: Change to CONTRACT PRICE: $ Original CONTRACT PRICE: $1.495.900.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER$ 1.495.900.00 The CONTRACT PRICE due to this CHANGE ORDER will be Cmmmcd)(domed)by: $ 21.871.63 The now CONTRACT PRICE including this CHANGE ORDER will be$ 1.517.771.60 Change to CONTRACT TIME: The CONTRACT TIME will be(increased)(decreased)by 0 calendar days. The date for completion of all work is Requested by W .Deuc Assoc' ��2 J Accepted by: D. Construction.lnc- �_r� r�sra2en Approved by: Federal Agency Approval (where applicable) f Contract # Route Auth.No. Job ID : 76905-ROB ROY CREEK-CONTRACT)<4- Section: County :KENDALL T&M #769052000 Invoice# 12078 Force account bill for: 30"TILE Payroll Amount Eligible Labor Expense 2006 Total Insurance Payroll Earnings For Unemployment Tax Employee Occupation 03/30 03131 04101 04/05 04/12 Hours Rate Amount Amount To Date FUT SUT LARRY G.AKRE OPERATOR 8.00 8.00 38.75 426.25 492.49 21,681.70 0.00 0.00 3.00 3.00 60.83 GREGORY J. LABORER 8.00 8.00 30.15 316.58 354.28 2,140.67 354.28 354.28 2.50 2.50 45.23 ERIC W.EMANUELSON DRIVER 1.25 1.25 32.39 40.49 40.49 12,360.89 0.00 0.00 ARTHUR W.HOWARD DRIVER 3.25 3.25 32.39 161.95 190.30 15,049.25 0.00 0.00 1.75 1.75 48.59 LOREN INOCENCIO DRIVER 2.00 2.00 32.39 64.78 64.78 14,073.49 0.00 0.00 RUSSELL KOETZ DRIVER 2.50 2.50 32.39 129.56 153.87 15,154.61 0.00 0.00 1.50 1.50 48.59 ANDREW M.LEE LABORER 0.00 34.25 102.75 154.14 41,284.79 0.00 0.00 1.00 1.00 1.00 3.00 51.38 JOSHUA SMOLKOVICH OPERATOR 8.00 8.00 16.00 37.75 1,151.38 1,464.29 30,055.84 0.00 0.00 4.00 6.50 1.00 3.00 14.50 59.33 CHRISTOPHER SMITH OPERATOR 8.00 8.00 37.75 528.50 657.98 24,159.44 0.00 0.00 5.00 1.00 6.00 59.33 CHARLES W.SPROULL LABORER 5.00 8.00 13.00 30.15 693.45 844.25 15,421.76 0.00 0.00 2.50 6.50 1.00 10.00 45.23 Contract # Route Auth.No. Job ID : 76905-ROB ROY CREEK-CONTRACTY( a— Section: County :KENDALL T&M #769052000 Invoice# 12078 Force account bill for : 30"TILE Payroll Amount Eligible Labor Expense 2006 Total Insurance Payroll Earnings For Unemployment Tax Employee Occupation 03/30 03/31 04/01 04/05 04/12 Hours Rate Amount Amount To Date FLIT SLIT SubTotal: 62.00 3,615.69 4,416.87 354.28 354.28 42.25 Union Benefits: Laborers L2 3.00 Hours @ 11.22 33.66 Laborers L2 33.50 Hours @ 11.22 375.87 Operators Midwest L150 55.50 Hours @ 14.23 789.77 Teamsters L179 12.25 Hours @ 10.76 131.81 Sub Total: $1,331.10 35.00%of $5,747.97 $5,747.97 $2,011.79 SubTotal: $7,759.76 Plus: Worker's Compensation Insurance 18.38% of $3,615.69 $664.56 Public Liability&Property Damage Insurance, 4.60% of $3,218.91 $148.07 excluding payroll of Truck Drivers Federal Unemployment Tax 0.80% of $354.28 $2.83 State Unemployment Tax 8.90% of $354.28 $31.53 Federal Social Security Tax 6.20% of $4,416.87 $273.85 Federal Medicare Tax 1.45% of $4,416.87 $64.04 SubTotal of Payroll Additives $1,184.88 Plus 10.00%of $1,184.88 $118.49 $1,303.37 Total Labor Costs $9,063.13 (Signed) I hereby certify that the above statement is a copy of that portion of the payroll which applies to the above stated work and that the rates (Contractor) shown for taxes and insurance are actual costs. Contract # Route Auth.No. Job ID : 76905-ROB ROY CREEK-CONTRACT 4 Section: County :KENDALL T&M #769052000 Invoice# 12078 Force account bill for : 30"TILE Equipment Expense 2006 Total 03/30 03/31 04/01 04/05 04112 Hours Rate Amount JD 750-434HP,3CY 4.00 4.00 183.24 732.96 CAT 973-210 HP 11.00 11.00 94.76 1,042.36 SEMI 72,000 GVW 5.00 5.00 42.86 214.30 SEMI 72,000 GVW 1.25 1.25 42.86 53.58 SEMI 72,000 GVW 2.00 2.00 42.86 85.72 SEMI 72,000 GVW 4.00 4.00 42.86 171.44 CAT 963(160 HP-CRAWLER 5.00 9.00 14.00 70.86 992.04 FORKLIFT 6000 LB 4WD DIESEL 7.50 7.50 23.71 177.83 JD 270(180 HP/2.74 CY) 6.50 6.50 89.60 582.40 JD 230 (170HP/2.03CY) 3.00 3.00 84.28 252.84 HITACHI 330(237HP)W/BUCKET(3CU 11.00 11.00 103.45 1,137.95 REAR DUMP SEMI TRAILER 5.00 5.00 8.78 43.90 REAR DUMP SEMI TRAILER 1.25 1.25 8.78 10.98 REAR DUMP SEMI TRAILER 2.00 2.00 .8.78 17.56 REAR DUMP SEMI TRAILER 4.00 4.00 8.78 35.12 Total Equipment Expense: 5,550.98 Material Used Quantity UM Description Vendor Name Price Amount 260.0000 FT 30"DRAIN PIPE UNDERGROUND PIPE AND VALVE INC. 21.0500 5,473.00 122.3200TON CM11 AUX SABLE STONE CO.,LLC 6.8500 837.89 SubTotai Material 6,310.89 Plus 15.00% on $6,310.89 946.63 Total Material Expense 7,257.52 AFFIDAVIT This is to certify that the material entered on this force account bill which was taken from stock is shown at our cost. "D"Construction Inc. 0 10 By -Ij MAW Total Labor $9,063.13 Total Equipment Expense 5,550.98 Total Materials 7,257.52 Total $21,871.63 Bend -G„'-:i6 164."- Resident w --�q 0 Co.� Reviewed By: Legal ❑ City Council ® Finance ❑ 1836 Engineer Agenda Item Tracking Number City Administrator El W a co G — ,13 Consultant ❑ SCE City Council Agenda Item Summary Memo Title: Shops at Veterans Parkway—Plat of Easement City Council/ Committee of the Whole Date: 8/15/06 Committee of the Whole Synopsis: This plat of easement is for onsite utilities, grading, and ingress/egress. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: o United City of Yorkville Memo .0 800 Game Farm Road EST. , 1836, Yorkville, Illinois 60560 Telephone: 630-553-8545 09 Fax: 630-553-3436 <<E Date: July 21, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot,City Engineer Qr CC: Lisa Pickering, Deputy City Cler Subject: Shops at Veterans Parkway—Plat of Easement Attached find one copy of the proposed plat of easement for public utilities, grading, and ingress/eIress for the referenced development, which is located on Route 34 immediately east of 5 -3'd Bank. The plat has been revised to provide a grading easement for IDOT in anticipation of their future Route 34 widening. I recommend that this plat be approved. Please place this item on the Committee of the Whole agenda of August 15, 2006 for consideration. Aa �w��„�+..x.:.,...,��.,:, �..:. _:,...m,.,......,3 _,.....: .....s�:?.....v.K..,v.,....:...�>van.,....�.,w....;:.3'siSM,;.._ __.x,x�.sur:.:.,.�,.�ti.,..Y...,.....-�,�v..__,.,ss y.�nrw• a..�::�:,:w..:.� .a._.u:.;»..:.x.,.:...�::.:::::..,.� I...w..:x.,i,�rm ..:.:_.u,..is^ti?k µ,,.,:.,�.:. '° .:,.:,.,.:: ...,.,.5�:;: ',,;,-ms; .,:,-..:"�"'�..�:.�,::.,•,.�a�.axw.,,..:.- :'ti:.. 'a%e�r. PLAT of EASEMENT ' OVER THAT PART OF SECTION 28.T014WHIP 37 NORTH.RANGE 7,EAST OF THE TURD iPRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF U.S.ROUTE 34 WITH THE EAST UNE OF LOT 1,AEGEAN ISLES ESTATES UNIT 1 EXTENDED: THENCE SOUTH 82 DEGREES 49 MINUTES 12 SECONDS EAST ALONG SAID �— § CENTERLINE.A DISTANCE OF 652.97 FEET: THENCE SOUTH 7 DEGREES 10 i MINUTES LB SECONDS WEST AT RIGHT ANGLES TO SAID CENTERLINE,A .. " J'.• DISTANCE OF 50.00 FEET TO THE PUCE OF BEGINNING: THENCE SOUTH 82 .. ; DEGREES 49 MINUTES 12 SECONDS EAST PARALLEL WITH SAID CENTERLINE,A DISTANCE OF 310.42 FEET TO THE EAST LINE OF A TRACT OF LAND CONVEYED I TO ME OLD SECOND NATIONAL BANK OF AURORA,AS TRUSTEE UNDER TRUST AGREEMENT DATED AUGUST 17,1971 AND KNOWN AS TRUST 1585 BY v - DEED-IN-TRUST RECORDED SEPTEMBER 23,1971,AS DOCUMENT 71-3655 AS SAID LINE IS DOCUMENTED: THENCE SQUT 8 DEGREES 11 MINUTES a3 SECONDS I WEST ALONG SAID EAST LINE,A DISTANCE OF 170.37 FEET; THENCE NORTH 82 DEGREES 49 MINUTES 12 SECONDS WEST OF WITH SAID CENTERLINE A �— DISTANCE OF 307.41 FEET: THENCE NORTH 7 DEGREES 10 MINUTES 48 SECONDS - EAST,A DISTANCE OF 170.34 FEET TO THE POINT OF BEGINNING.IN KENDALL _ COUNTY,ILLINOIS. EASEMENT PROVISIONS A NON-E%PROPERTY EASEMENT FOR SERVING HE ATION SUBDIVISION SERVICE AND OTHER PROPERTY YAT ELECTRIC AND COMMUNICATION SERNCE IS HEREBY RESERVED FOR AND GRANTED TO ' COMMONWEALTH EDISOM COMPANY,AMERITECH IWNOIS o.k.o. 7 // X/yX�\�X�\ S 82'49'12" ILLINOIS BELL TELEPHONE COMPANY,GRANTEES, UNITED CITY OF VISION LLE ....... 31D.43• E EASEMENT PROVISIONS !! THEIR RESPECTIVE LICENSEES,SUCCESSORS AND ASSIGNS, PUBLIC UTILITY AND DRAINAGE EASEMENT JO NT Y AND SEVERALLY TO CONSTRUCT,OPERATE,REPAIR, r /_I MAINTAIN,MODIFY,RECONSTRUCT.REFUGE.S1PPlEMENT, A NON-EXCLUSIVE EASEMENT IS HEREBY RESERVED FOR AND GRANTED - RELOCATE AND REMOVE,FROM TIME TO TIME,POLES,GUYS, ANCHORS.WIRES.CABLES,CONDUITS,MANHOLES TRANSFORMERS.USED IN IN THE UNITED CITY T. REPAIR. E,IWNOIS L CONSTRUCT. INSTALL RECONSTRUCT,REPAIR.REMOVE,REPLACE AND INSPECT CONNECTION EWIPNENT CABINETS OR OTHER FACILITIES D USED IN STORM S FOR HE TRANSMISSION AND DISTRIBUTION OF WATER, I, CONNECTION WITH UNDERGROUND TRANSMISSION AND DISTRIBUTION rf t -';I - --- _ --- I STORM SEWERS,SANITARY SEWERS,GAS.ELECTRICITY,TELEPHONE. OF ELECTRICITY,COMMUNICATIONS,SOUNDS AND SIGNALS IN, 1 K-I - - CABLE ES THERETO.LINES,AND ALL NECESSARY APPURTENANT OVER,UNDER,ACROSS.ALONG AND UPON THE SURFACE OF THE `V i FACILITIES HERETO,WITIN THE AREAS SHOWN ON HE PUT AS -- PROPERTY SHOWN N1HW THE DASHED OR DOTTED LINES( g'' 'PUBLIC UTILITY B DRAINAGE EASEMENT,TOGETHER LNTH A RIGHT j Oim9w do ).ON ON THE PUT AND MARKED EASEMENT, OF ACCESS HERETO FOR THE PERSONNEL AND EQUIPMENT NECESSARY ! - UTLITY EASEMENT-, PUBLIC UTILITY EASEMENT-, P.U.E.'(w /AND REQUIRED FOR SUCH USES AND PURPOSES.THE UNITED CITY OF Wmilw o°clgnotion),HE PROPERTY DESIGNATED IN HE YORKVILLE.AND ITS AGENTS.SUCCESSORS AND ASSIGNS MAY DECLARATION OF CONDOMINIUM AND/OR ON HIS PLAT AS COMMON n _ # ELEMENTS'AND HE PROPERTY DESIGNATED ON THE PUT AS PERMIT HOLDERS OF EXISTING FRANCHISES'MH HE CITY TO F" OCCUPY SAID EASEMENTS.SAID HOLDERS BEING BOUND BY HE COMMON AREA OR AREAS.AND HE PROPERTY DESIGNATED ON HE TERMS DESCRIBED IN HESS EASEMENT PROVISIONS PUT FOR STREETS AND ALLEYS.WHETHER PUBLIC OR PRIVATE, TOGETHER YAH HE RIGHT TO INSTALL REWIRED SERVICE , CONNECTIONS UNDER HE SURFACE OF EACH LOT AND COMMON AREA THE ABOVE NAMED ENTITIES ARE HEREBY GRANTED THE RIGHT TO o _ '-� OR AREAS TO SERVE IMPROVEMENTS HEREON.OR ON ADJACENT THE UPON EASEMENTS HEREIN DESCRIBED FOR ME USES HEREIN - LOTS,AND COMMON AREA OR AREAS,THE RIGHT TO CUT,TRIM OR SET FORM AND HE RIGHT TO CUT,HIM.OR REMOVE ANY TREES -•.,.� SHRUBS OR OTHER PUNTS WITHIN HE AREAS DESIGNATED AS REMOVE TREES,BUSHES,R00T5,SAPLINGS AND TO CLEAR 'PUBLIC UTILITY AND DRAINAGE EASEMENT'WHICH INTERFERE VATH OBSTR UCTIONS FROM THE SURFACE AND SUBSURFACE AS MAY BE ,.� , REASONABLY REQUIRED INCIDENT TO THE RIGHTS HEREIN GIVEN. THE CONSTRUCTION.INSTALLATION,RECONSTRUCTION.REPAIR, ; AND TE RIGHT TO ENTER UPON THE SUBDIVIDED PROPERTY FOR ALL REMOVAL,REPLACEMENT,MAINTENANCE AND OPERATION OF THEIR UNDERGROUND TRANSMISSION AND DISTRIBUTION SYSTEMS AND SUCH PURPOSES PRIVATE OBSTRUCTIONS SHALL NOT BE PLACED FACILITIES APPURTENANT THERETO.NO PERMANENT BUILDINGS, OVER GRANTEES'FACILITIES OR IN.UPON OR OVER THE PROPERTY STRUCTURES,OR OBSTRUCTIONS SHALL BE CONSTRUCTED IN,UPON, O TIN THE DASHED OR DOTTED LINES w TIUTY EASE ENr. .:� ^n ON HE PLAT AND MARKED EASEMENT,'UTILITY EASEMENT". OR OVER ANY AREAS DESIGNATED AS'PUBLIC UTILITY E DRAINAGE PUBLIC UTIUTY EASEMENT-, P.U.E.'(w elmIlar EASEMENT,BUT SUCH AREAS MAY BE USED FOR GARDENS,SHRUBS. - -- v d°°191totion),N1HOUT THE PRIOR WRITTEN CONSENT OF THE TREES,LANDSCAPING.DRIVEWAYS,AND OTHER RELATED PURPOSES COMN � 1 ///^�f GRANTEES. AFTER INSTALLATION TION OF ANY SUCH FACILITIES,ME THAT DO NOT UNREASONABLY INTERFERE NTH THE USES HEROIN ERCIAL 1 ^N GRADE OF THE SUBDIVIDED PROPERTY SHALL NOT BE ALTERED IN A DESCRIBED +^9'xws 4£press lasq. / ,U BWLOING f'"' .mj ✓f/ o MANNER SO AS TO INTERFERE MIH THE PROPER OPERATION MID t7or._-�+n I MAINTENANCE HEREOF. THE TERM COMMON ELEMENTS'SHALL HAVE THE OCCUPATION AND USE OF THE NON-EXCLUSIVE EASEMENT HEREIN U 2DG2-5404 /� •� GRANTED AND RESERVED FOR HE ABOVE NAMED ENTITIES BY EACH THE MEANING SET FORM FOR SUCH TERM W THE CONDOMINIUM OF SUCH ENTITIES SHALL BE DONE IN SUCH A MANNER SO AS NOT 2C '✓ •� h PROPERTY ACT-,CHAPTER 765 ILCS 605/2.AS AMENDED FROM TIME TO INTERFERE WIT OR PRECLUDE THE OCCUPATIOM AND USE °�Uf;4fy Q Jam,ay°- ra+ n1 �-_t _ 1 '� ' i TO TME. THE TERM'COMMON AREA OR AREAS'IS DEFINED AS A <"':oc-- LOT PAR OR AREA OF H L PROPERTY,H A THEREOF BY OTHER ENTITIES FOR WHICH SUCH EASEMENTS ARE -� 1 7 a' PARCEL E REA E BENEFlCI L GRANTED AND RESERVED.HE CROSSING AND RECROSSING OF SAID 4 '•1 F USE AND ENJOYMENT OF WHICH IS RESERVED IN WHOLE OR AS AN EASEMENTS BY THE ABOVE NAMED ENTITIES SHALL BE DONE IN SUCH i APPORTIONMENT TO HE SEPARATELY OWNED LOTS,PARCELS OR A MANNER 50 AS NOT TO INTERFERE VA H,DAMAGE,OR DISTURB _ AREAS OTHERWISE THE DESIGNATED DEVELOPMENT.EVEN S SUCH SUCH MAY ANY TRANSMISSION AND DISTRIBUTION SYSTEMS AND FACILITIES I t BE OMERWISE DESIGNATED OM THE PUT BY TERMS SUCH AS APPURTENANT HERETO EXISTING WITHIN THE EASEMENTS BEING 'QUTI.OTS','COMMON ELEMENTS','OPEN SPACE'.'OPEN AREA', _ 'COMMON GROUND PARKING AND'COMMON AREA-. T M CROSSED OR RECROSSED.NO USE OR OCCUPATION OF SAID OWNER 0 E E TERMS EASEMENTS BY THE ABOVE NAMED ENTITIES SHALL CAUSE ANY - 'COMMON AREA OR AREA$'AND'COMMON ELEMENTS'INCLUDE REAL STATE OF ILLINOIS) 1 CHANCE IN GRADE OR IMPAIR OR CHANGE THE SURFACE DRAINAGE - -1 PROPERTY SURFACED WITH INTERIOR DRIVEWAYS AND WALKWAYS,BUT PATTERNS. )) S.S. EXCLUDES REAL PRCPERTY PHYSICALLY OCCUPIED BY A BUILDING, COUNTY OF ) i .m, SERVCE BUSINESS DISTRICT OR STRUCTURES SUCH AS A POOL FOLLOWING ANY WORK TO BE PERFORMED BY THE UNITED CITY Of - _ RETENTION POND OR MECHANICAL EQUIPMENT. RELOCATION OF THIS IS TO CERTIFY THAT GRECO/REGGI R'E 34 LLC, SD,41 YORKNLLE IN THE EXERCISE OF ITS EASEMENT RIGHTS HEREIN FACILITIES WILL BE DONE 8T-GRANTEES AT COST W ME IS HE OWNER OF THE LINO N 6-• GRANTED.SAID CITY SHALL HAVE NO OBLIGATION WITH RESPECT TO MAYOR/CLERK - L49/ w GRANTOR/LOT OWNER,UPON MITTEN REQUEST. HEREIN DESCRIBED AND HAS CAUSED THE SAME TO _. SURFACE RESTORATION.INCLUDING BUT NOT LIMITED TO,THE BE PLATTED AS SHOWN HEREON FOR THE USES AND STATE OF ILLINOIS) - RESTORATION,REPAIR OR REPLACEMENT OF PAVEMENT.CURB. PURPOSES THEREIN SET FORM AND DOES HEREBY S.S. I GUTTERS TREES HE O OR SHRUBBERY,PROVIDED.HOWEVER,THAT ACKNOWLEDGE AND ADOPT THE SAME UNDER THE COUNTY OF KENOLL)) SAID CITY SHALL BE OBLIGATED,FOLLOWING SUCH MAINTENANCE STYLE AND TITLE THEREON SHOWN. PEDESTRIAN AND SIDEWALK WORK. S TABLED AND MOUND ALL TRENCH CREATED AL AS TO RETAIN SUITABLE DRAINAGE,TO COLD PATCH ANY ASPHALT PO OR DATED AT APPROVED BY THE MAYOR AND CITY COUNCIL OF THE Yl EASEMENT PROVISIONS CONCRETE SIR FACE,TO REMOVE ALL EXCESS DEBRIS AND SPOIL, —'---'--' _ _ - - - - THE UNITED Cl-OF YO OVEN E,ITS NT RI SSORS,LICENSEES AND AND TO LEAVE THE MAINTENANCE AREA IN A GENERALLY CLEAN AND THIS_DAY OF _A.D.20_, TH UNITED CITY O YORK MLLE,KENDALL COUNTY.ILLINOIS, - - ASSIGNS,ARE HEREBY CIVET;EASEMENT RIGHTS OVER ALL AREAS ON WORKMANLIKE CONDITION. THE PUT MARKED'PEDESTRIAN EASEMENT.'SIDE WALK EASEMENT,'PEDESTRIAN AND BIKE TRAIL EASEMENT-OR STORMWATER MANAGEMENT EASEMENT,TO CONSTRUCT.INSTALL BY: _ SIGNED:_ RECONSTRUCT.REPAIR,REMOVE.REPLACE.INSPECT,MAINTAIN AND TITLE MAYOR 1 OPERATE PEDESTRIAN AND SIDEWALKS,PAVED OR UNPAVED,FOR THE USE AND ENJOYMENT OF THE GENERAL PUBLIC.THE ABOVE NAMED — ENTITIES ARE HEREBY GRANTED THE RIGHT TO ENTER UPON SURVEYOR _ EASEMENTS HEREIN DESCRIBED FOR THE USES HEREIN SET FORTH STATE OF IWNGS) Br.TITLE ATTEST.CITY CLERK AND HE RIGHT TO WT,TRIM,OR REMOVE ANY TREES,SHRUBS OR ) S.S. OTHER PLANTS WITHIN THE EASEMENT AREAS HEREIN GRANTED WHICH COUNTY OF DUPAGE) INTERFERE WITH THE CONSTRUCTION.INSTALLATION, RECONSTRUCTION.REPAIR.REMOVAL REPLACEMENT.INSPECTION• THIS IS TO CERTIFY THAT 1,MICHAEL L. NOTARY MAINTENANCE AND OPERATION THEREOF.NO TEMPORARY OR KRISCH AN ILLINOIS PROFESSIONAL LAND STATE OF ILLINOIS) PERMANENT BUILDINGS•STRUCTURES OR OBSTRUCTIONS SHALL BE SURVEYOR.HAVE PUTTED FOR EASEMENT PURPOSES COUNTY RECORDER OF DEEDS PLACED E OR OVER SAID EASEMENTS THAT INTERFERE WITH HE OVER THE ABOVE DESCRIBED PROPERTY FOR THE PURPOSE COUNTY OF )S.S. STATE OF ILLINOIS / RIGHTS HEREIN GRANTED, THAT DEDICATING THE SAME FOR SAID PURPOSES AND ) S.S. HAT THE PUT HEREON DRAWN GRAN IS A COUNTY OF KENDALL ) REPRESENTATION a SAID GRANT OF EASEMENT. I, ___-___�A NOTARY PUBLIC '- IN AND FOR SAID COUNTY IN HE STATE :w EASEMENT PROVISIONS FOR INGRESS SCALE OF MAP IS 30 FEET PER ONE INCH. AFORESAID.DO HEREBY FILED I INSTRUMENT NO. WAS AND EGRESS EASEMENT GIVEN UNDER MY HAND AND SEAL THIS 6th DAY CERTIFY THAT_ __AND RECORD IN THE RECORDER'S OFFICE OF KENDALL c OF JANE A.D.2006.IN LOMBARD,ILLNOS, A PERMANENT NON-EXCLUSIVE EASEMENT FOR INGRESS AND COUNTY, EGRESS IS HEREBY ESTABLISHED OVER AND ACROSS HOSE — RESPECTIVELY,PERSONALLY PARTS OF THE DESCRIBED PROPERTY HEREON PLATTED AND KNOWN TO ME TO RI HE SAME PERSONS WHOSE ON THE DAY OF LIBELED-EASEMENT FOR INGRESS AND EGRESS'FOR HE ILLINOIS PROFESSIONAL LAND SURVEYOR NO.2501. NAMES ARE SUBSCRIBED TO THE RE ME IN; ._.._................._........ `\ :<. LICENSE EXPIRES NOVEMBER 30.200fi INSTRUMENT AND APPEARED BEFORE ME D:IS DAY NON-EXCLUSIVE USE BY THE OWNERS N OF HE PROPERTIES _ A.O. DIRECTLY ADJACENT TO THE EAST AND WEST q"HE IN PERSON AND ACKNOWLEDGED HAT THE SIGNED DESCRIBED PROPERTY. KR+ AND DELIVERED THE ANNEXED PLAT THEIR HEIR OWN 20_.AT O'CLOCK__N. rP SO FREE AND VOLUNTARY ACT USES AS HEIR FREE AND _ VOLUNTARY ACT FOR THE USES AND PURPOSES \ " - ",I •• -"" 1 y PROFESSION t ADOPT SET FORTH AND HEREBY ACN AND TIT GE AND uNO ADOPT THE SAME UNDER THE STYLE AND TITLE RECORDER OF DEEDS { * suRVEVOR * HEREON SHOWN. ..._....... ...__.............. I STATE OF ',., LLINOIS :<' NO.35-2501 GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS ;._ -.... , .... H -_ DAY _—A.D.2D_ GLEN D. KRISCH LAND SURVEYOR, Inc AT ILLINOIS. 1 PROFESSIONAL DESIGN FIRM LICENSE No. 134 LIC4233 -• •. 1716 South RrTley Rood > L—b-cf. IL. 60148 : Phune' 630.627.5589 .a%: 63O 62..5594 - - ••% K. NOTARY PUBLIC SURVEYING — CGNSUL TING — CONSTRUCTION LAYOUT ' I -P �/ ♦,��D C/T y Reviewed By: Legal ❑ City Council EST. 1 lass Finance ❑ ^� Engineer ❑ A enda Item Tracking Number y City Administrator ❑ Consultant ❑ a ' EI- <LE ❑ City Council Agenda Item Summary Memo Title: Disposal of surplus property City Council/Committee of the Whole Date: COW August 15, 2006 Synopsis: Sale of surplus standby generators due to gravity sewer construction Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: approval Submitted by: Eric Dhuse PW Name Department Agenda Item Notes: CO.o United City of Yorkville Memo Public Works Department aT 1 ia3s 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4370 <LE `�,,�� Fax: 630-553-4377 Date: July 20, 2006 To: Mayor and City Council From: Eric Dhuse, Director of Public Works CC: Subject: Disposal of Property Mayor and Council, Due to the construction of the Rob Roy interceptor and the "Com Ed"interceptor sewer lines, we will soon be decommissioning 3 lift stations. When this occurs, we will have 3 natural gas generators that will not be needed. I would like to sell the three used generators to possibly purchase one new diesel generator for our new treatment facility to back up our SCADA system. I would ask that this be placed on the August 15, 2006 COW agenda for discussion. If you have any questions or concerns,please let me know. RkI Reviewed By: J� �•n Legal ❑ City Council EST. 18M Finance ❑, g(zt66 Engineer Agenda Item Tracking Number q, City Administrator ❑ Consultant ❑ 12v/ �J 3 ❑ <LE City Council Agenda Item Summary Memo Title: Fox Hill (Unit 6, Lot 2)—Plat of Easement City Council/Committee of the Whole Date: August 15, 2006 Committee of the Whole Synopsis: This plat of easement is for new onsite utilities and future public utilities. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: United City of Yorkville Memo 800 Game Farm Road 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 SCE Date: August 2, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering,Deputy City C Subject: Fox Hill (Unit 6, Lot 2)—Plat of Easement Attached find one print of the proposed plat of easement for the referenced property. This plat provides for new onsite public utilities, as well as future utilities that may be located along the perimeter of the property. I recommend that this plat be approved. Please place this item on the Committee of the Whole agenda of August 15, 2006 for consideration. 30 0 30 LIC UTILITY&DRAINAGE PLAT OF EASEMENT GRANT S C A L E I N F E E T EMENT PROVISIONS OVB OWNER'S CERTIFICATE LOT 2 IN FOX HILL UNIT 6 IN THAT PART OF THE NORTI HALF OF SECTION 30,TOWNSHIP 37 NORTH,RANGE STATE OF ILLINOIS)(SS EXCLUSIVE EASEMENT IS HEREBY RESERVED FOR HE GRANTED TO 7 EAST OF THE THIRD PRINCIPAL MERIDIAN IN BRISTOL''OWNSHtP,KENDALL COUNTY,ILLINOIS RECORDED AS COUNTY OF KENDALL) ERITECH. NICOR, COM ED. JONES INTERCABLE. OTHER PUBLIC i AND HOLDERS OF EXISTING FRANCHISES GRANTED BY THE CITY `WITHIN THE IAREAS SHOWN RONPETHE PLAT AS "PUBLIC AND DOCUMENT NO.0006594 ON MAY 17,2000 AT SLO''702,KENDALL COUNTY RECORDER'S OFFICE. THIS IS TO CERTIFY THAT --------_-------------------IS THE AINAGE EASEMENT'(ABBREVIATED P.U.&D.E.) 70 CONSTRUCT, OWNER OF THE LAND DESCRIBED IN THE FOREGOING SURVEYOR'S CERTIFICATE AND HAS RECONSTRUCT, REPAIR, REMOVE,REPLACE, INSPECT, MAINTAIN CAUSED THE SAME TO BE PLATTED AS SHOWN BY THE ANNEXED PLAT FOR THE PURPOSES ERA TE UNDERGROUND TRANSMISSION AND DISTRIBUTION SYSTEMS OF GRANTING PUBLIC UTILITY EASEMENTS AND DRAINAGE EASEMENTS TO THE UNITED CITY OF ES UNDER THE SURFACE OF THE'PUBLIC UTILITY& DRAINAGE YORKVILLE, ILLINOIS. Ni", INCLUDING WITHOUT LIMITATION TO TELEPHONE CABLE, GAS ELECTRIC LINES, CABLE TELEVISION LINES AND ALL NECESSARY �= ES APPURTENANT THERETO. TOGETHER WITH THE RIGHT OF — THERETO FOR THE PERSONNEL AND D TOGETHER NECESSARY AND - DATED THIS __-___ DAY OF 2006. 0 FOR SUCH USES AND PURPOSES CTI TOGETHER WITH THE ��- '0 INSTALL REQUIRED SERVICE CONNECTIONS UNDER THE SURFACE H LOT TO SERVE IMPROVEMENTS THEREON. - _ BY. _-_-_------_—-------- _----- �EXCLUSIVE EASEMENT IS ALSO HEREBY RESERVED FOR AND 0 TO THE UNITED CITY OF YORKVILLE.ILLINOIS TO CONSTRUCT, a° VETERAN'S !� TITLE: -- RECONSTRUCT, REPAIR, REMOVE, REPLACE AND INSPECT P.O.B. g S PARKWAY I ES FOR THE TRANSMiSION AND DISTRIBUTION OF WATER, STORM SANITARY SEWERS AND ELECTRICITY WITHIN THE AREAS SHOWN (HERETOFORE N 34.43' D2° E PLAT F ACCESS T ERETO AND DRAINAGE EASEMENT'TOGETHER _ _ DEDICATED) U'S- RTE34 o' 39.05'(R) NOTARY'S CERTIFICATE RIGHT OF ACCESS THERETO FOR THE PERSONNEL AND EQUIPMENT ARY AND REQUIRED FOR SUCH USES AND PURPOSES. 38.95'(M) STATE OF OVE NAMED EN :ASEMEN TS HERE N DESCRIBED FOR THE USES HEREIN SET FORTH TITIES ARE HEREBY GRANTED THE RIGHT TO ENTER COUNTY OF I lANO CONVEYED TO - - -� N 84'54'42" E RIGHT IT CUT. TRIM, OR REMOVE ANY TREES, SHRUBS OR THE RIGHT OF- PLANTS �_W 375_00 R I, ___________--_-� A NOTARY PUBLIC IN AND FOR THE COUNTY AND STATE PLANTS WITHIN THE AREAS DESIGNATED E ONSTR UTILITY AND G� 375.20'(M .A EASEMENT' WHICH INTERFERE 1,R THE CONSTRUCTION, _ _ AFORESAID. HEREBY CERTIFY THAT (NAME) IS ATION, RECONSTRUCTION,REPAIR,REMOVAL,REPLACEMENT, '� - S4� � PERSONALLY KNOWN TO ME i0 BE THE SAME PERSONS WHOSE NAME IS SUBSCR18E0 TO THE DANCE AND OPERATION OF THEIR UNDERGROUND TRANSMISSION / - �� -___ /W / IP I FOREGOING OWNER'S CERTIFICATE,APPEARED BEFORE ME THIS DAY IN PERSON AND iTRIBUTION SYSTEM AND FACILITIES APPURTENANT THERETO NO PUBL�—UTILITY-8E --+�,� , i.N� / ACKNOWLEDGED THE EXECUTION OF THE ANNEXED PLAT AND ACCOMPANYING INSTRUMENT AS HIS TENT BUILDINGS, STRUCTURES OR OBSTRUCTIONS SHALL BE zo slnc sEiBACI(uNG �S •• �, FREE AND VOLUNTARY ACT. 8 $--_- LecD A E I,F _se4as30 1oa�i ///�j�/?'Bb . cn ,ACTED IN, UPON, OR OVER ANY AREAS DESIGNATED MAY E 'PUBLIC =� DRAINAGE EASEMENT _ 4 AND DRAINAGE ES. LAN i", BUT SUCH AREAS MAY BE USED FOR (/�, � R -� y/ w Bs n GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS. DAY OF_-_-------- 2006. 0 SHRUBS, TREES, LANDSCAPING, DRIVEWAYS AND OTHER iSDO' (HEREBY GRANTED TO THE 31/��W / � OJ'< > 0 PURPOSES THAT DO NOT UNREASONABLY INTERFERE WITH THE < SB°97'18'� UNITED CITY OF YORKVILLE) �� EREIN DESCRIBED. Z 0 UPADON AND USE OF NON-EXCLUSIVE EASEMENT HEREIN GRANTED / ----------'-------------------- :SERVED FOR THE ABOVE NAMED ENTITIES BY EACH OF SUCH / �� I°'' $ o m NOTARY PUBLIC COMMISSION EXPIRES SHALL BE DONE IN SUCH A MANNER SO AS TO INTERFERE WITH /w' y o � :CLUDE THE OCCUPATION AND USE THEREOF BY OTHER ENTITIES �`5 sa5mr7p"E PUBLIC UTILITY & u N I IICH SUCH EASEMENTS ARE GRANTED AND RESERVED. THE I 1400' cn VG AND RECROSSING OF SAID EASEMENTS BY THE ABOVE NAMED m DRAINAGE EASEMENT � {� GRANTING CLAUSE { ( y,/"11� Al S SHALL BE DONE IN SUCH A MANNER SO AS NOT TO INTERFERE 14 HEREBY GRANTED TO THE IAMAGE, OR DISTURB ANY TRANSMISSION AND DISTRIBUTION n I THE DESCRIBED PUBLIC UTILITY AND DRAINAGE EASEMENT ILLUSTRATED HEREON IS HEREBY RESERVED IS AND FAGLITIES APPURTENANT THERETO EXISTING WITHIN THE II UNITED C'TY OF YORKVILLE) co I FOR AND GRANTED TO THE UNITED CITY OF YORKVILLE AND 175 SUCCESSORS AND ASSIGNS. .NTS BEING CROSSES OR RECROSSED.NO USE OR OCCUPATION Of rn i I u o OSEMENTS BY THE ABOVE NAMED ENTITIES SHALL CAUSE ANY I �` IN GRADE OR IMPAIR OR CHANCE THE SURFACE DRAINAGE W 11J / THIS INSTRUMENT SUBMI TED BY NS. u ANG ANY WORK TO BE PERFORMED BY THE UNITED CITY OF Of aW R11 NAME:------------------------ LLE IN THE EXERCISE OF ITS EASEMENT RIGHTS HEREIN GRANTED, 0 = ITY SHALL HAVE NO OBUGA TON WITH RESPECT 70 SURFACE LLJ ° PUBLIC UTILITY & < ADDRESS.------------ 'ATION,INCLUDING BUT NOT LIMITED 70. THE RESTORATION, REPAIR (n I- i ////,�'� 'LACEMENT OF PAVEMENT, CURB, Cu TIERS, TREES,LAWN OR - n I//� _--_------------------- 3ERY, PROVIDED. HOWEVER, THAT SAID CITY SHALL BE OBLCATEO, Z I / gl DRAINAGE EASEMENT ANG SUCH MAINTENANCE WORK, TO BACKFILL AND MOUND ALL = W f n°0�� da .COWII CREATED so AS NOT TO RETAIN SUITABLE DRAINAGE, TO COLD z (HEREBY GRANTED TO THE I I LOT 1 CITY COUNCIL CERTIFICATE NU-SU,,.S n.r�,.,.,..•. ,. ... .-_.. J n "NCH CREATED SO AS NOT TO RETAIN SUITABLE DRAINAGE,TO COLD J WI am /�, RI I VACANT TCH ANY.ASPHALT OR CONCRETE SURFACE, TO REMOVE ALL EXCESS 3 J - //�/ m UNITED CITY OF YORKVILLE) _ IRIS AND SPOIL, AND TO LEAVE THE MAINTENANCE AREA IN A O = Y W�w I %O I _ IERALLY CLEAN AND WORKMANLIKE CONDITION. al Rl ` o {,$�� Q - I COUNTY OF KENDALL) C1 1" LOT 2 9 C 0 APPROVED AND ACCEPTED THIS-_ DAY OF ------------------ 2006 BY THE CITY COUt I'� K Q I OF THE UNITED CITY OF YORKVILLE. ILLINOIS. Zm AN _________-__ I _ --___________________--_ ^' CITY CLERK 99 0 rn D ____ - - j I ------------------ -- p AA I MA70R —_ o I � PUBLIC UTILITY & RECORDER'S CERTIFICATE I� C LINAGE EASEMENT 1 STATE OF ILLINOIS) (HEREE GRANTED TO THE I COUNTY OF KENDALL )ss) UNITED TY OF YORKVILLE) 1 1 I THIS INSTRUMENT NUMBER �_---_-__—_WAS FILED FOR RECORD IN THE RECORDER'S OFFICE OF KENDALL COUNTY. ILLINOIS, THIS DAY OF i7°'E 7244°/ . .D.. 006. AT------ _ -_-__---- A 2 A _ RECORDER "°"'''°� �� SURVEYOR'S CERTIFICATE l _ ' / %z6•ewLOwc sE�.. F y Q 2 15'U11UiY �` iB/yAC-Y�,/IINTF 57A TE OF ILLINOIS) EA�4ENi /J/�j/// //,� j / /, A` (SS LEGEND L S APE BUFFER• ,��//X// r COUNTY OF KANE) -------- EASEMENT GRANT N 84'$4'425 R — '• 0 411.09' --—--- PROPERTY BOUNDARY THIS IS TO DECLARE THAT WE, LEONARD DREAS AND ASSOCIATES, INC.,HAVE PLATTED THAT PART OF THE -------- ADJDINAL BOUNDARY I LOT 3 NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN UNITED CITY OF YORI MLLE \J DESCRIBED AS FOLLOWS: LOT 4 IN FOX HILL UNIT 6,DOC. NO. 0006594 RECORDED MAY 17, 2000 IN THE CENTERLINE UNITED CITY OF YORKVILLE. KENDALL COUNTY,ILLINOIS FOR THE PURPOSE OF GRANTING PUBLIC UTILITY AND EXISTING EASEMENT I (PUBLIC PARK) I` DRAINAGE EASEMENTS TO THE UNITED CITY OF YORKVILLE, ILLINOIS. -"-"-" SETBACK RESTRICTIONS \ I IP IRON PIPES FOUND _ `�OF IC��III DATED AT AURORA, ILLINOIS THIS 25TH DAY OF JULY. 2006 '(;......., , P.U.E. PUBLIC UTILITY EASEMENT o4_ ZTNf a U.E. PUBLIC EASEMENT EA y. •�/ AFTER RECORDING RETURN TO i*a 35-2159 *i D.E. DRAINAGE EASEMENT B.S.L. BUILDING SETBACK LINE NAME: UNITED CITY OF YORKVILLE P.O.C. POINT OF COMMENCEMENT ADDRESS: 800 GAME FARM ROAD YORKVILLE, ILLINOIS 60560 NO. 35-2159 DESGNI1-30-20N0.S18aA 00319D2 SURVEYOR P.0.8. POINT OF BEGINNING :., DRAWN BY: JW Dwc. No. 4218 REVISION NO. DATE REVISION NO. DATE REVISION TITLE: PLAT OF EASEMENT GRANT -OS ORIGINAL SUBMITTAL LOT 2• FOX HILL UNIT 6 - BRISTOL TOWNSHIP SCALE: LEONARD DREAS&ASSOCIATES CHECKED 8Y: RAS 1:30 5-06 REVISED TO INCLUDE 15 FOOT EASEMENT ALONG SYCAMORE ROAD CITY OF YORKVILLE, KENDALL COUNTY ILLINOIS LAND SURVEYORS B CIVIL ENGINEERS P[k/ � C/p y Reviewed By: J� �•c� Legal ❑ City Council EST Finance ❑ ( ( 6 Engineer ` �-� City Administrator ❑ Ag nda Item Traacking Number I 9 ' O Consultant ❑ + Ci��O ,3 It E 2 City Council Agenda Item Summary Memo Title: 2006 Asphalt Surface Treatment Program—Bid Results City Council/ Committee of the Whole Date: August 15, 2006 Committee of the Whole Synopsis: Recommend award to CAM, LLC for the bid amount of$47,328.08. $50,000 was budgeted this year for this work. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: �X'��`� Cdr o United City of Yorkville Memo 800 Game Farm Road Est -1 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 Date: August 2, 2006 To: John Crois, Interim City Administrator \ From: Joe Wywrot, City Engineer w CC: Sue Mika, Finance Director Subject: 2006 Asphalt Surface Treatment Program—Bid Results Bids were received on August 1, 2006 at 11:00am for the above-referenced project. This work consists of applications of rejuvenating and preservative agents to bituminous pavements. The condition of the pavement determines the type of material used in the application. The objective is to keep good roads in good condition by replacing certain asphalt compounds that naturally diminish over time. Doing so increases the ability of the pavement to repel water and maintain its flexibility. This year we are planning to treat the city streets in Kylyn's Ridge Unit 2, sections of Alice Avenue, Fox Hill Unit 5, Heartland, River's Edge (north of the RR tracks), Sunflower Estates Unit 3, and the public streets in Fox Highlands. The following bid was received: CAM, LLC $ 47,328.08 43W630 Wheeler Road Sugar Grove, Illinois 60564 Engineer's Estimate $ 48,581.81 CAM was our contractor for the last two years and has performed very well. This is specialty work and CAM (and their predecessor Boecker Road Maintenance) are the only contractors that have ever bid this project. Their pricing has been very stable over the years, even this year when asphalt prices have more than doubled. I recommend that CAM, LLC be awarded the contract for this project for the amount of$47,328.08. Please place this item on the Committee of the Whole agenda of August 15, 2006 for consideration. -PW C/r� Reviewed By: Legal ❑ City Council EST. °w 1836 Finance ❑ Engineer �^' �3�°6 Agenda Item Tracking Number �t e �� City Administrator ❑ o� r : k1 aco(p /3 Consultant ❑ LCE City Council Agenda Item Summary Memo Title: Menards Commercial Commons, Lot 9 (Culvers)—Plat of Easement City Council/ Committee of the Whole Date: August 15, 2006 Committee of the Whole Synopsis: This plat of easement is for new onsite utilities. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: C o United City of Yorkville Memo � 800 Game Farm Road Es. 1836. Yorkville, Illinois 60560 Telephone: 630-553-8545 "'a . . p Fax: 630-553-3436 9 ,..........;„ <<E Date: August 3, 2006 To: John Crois, Interim City Administrator 1 From: Joe Wywrot, City Engineer �pV CC: Lisa Pickering, Deputy City Clerk Subject: Menards Commercial Commons, Lot 9 (Culvers)—Plat of Easement Attached find one print of the proposed plat of easement for the referenced property. This plat provides for new onsite public utilities. I recommend that this plat be approved. Please place this item on the Committee of the Whole agenda of August 15, 2006 for consideration. SMITH ENGINEERING CONSULTANTS, INC. ava/srntTCroReT.IINGMMIS eND BDBVaroaR PLAT OF EASEMENT YOQYOIi.ii eseeo tAl:Qa-668-9Eae rIZ - Bic-'N,e .mee el...,.e..m a-MAW Mr.®I1Nman»Iw.e® .M,mar .WWRIiy .YaNxROai LOT 9 IN M£NARD'S COMMERCIAL COMMONS, I nABTOTS pRD1L4iiiaxa Mimi I►RIM f Le*-000los COMP.FlCC'0.51067-1of9-Pbf-eaae.d g BRISTOL TOWNSHIP, KENDALI. COUNTY, ILLINOIS PLOT FILE.STANDARD ME'R:.Lgeufi STATE CE LUNGS STATE OF R1NOS SS COUNTY Or S KEMALL COUNTY Of 1rEN0AlL )Ile ularel9'loa ar Gmhe of TIW Y b nrfN-fhol fen odwlylW mo Ea MIMIC deep f old granted Mreen ebr Ally fMt A mY_deY o/ Y tlM Aar,2DDLC Mb Plot of E r anal Genf of Eossmenf nos a I, i holder or naMd LAW to rM ksd dw bad hMM di°�°d O1 b 0- Cl and dar hwby s—t Her e®Mn.nf h—d— b Br. I L a m. sof form en I&obe.aw.c.Y.d PNOt A ,�'° b ATiESr a 7-.—�— _ — /1 ol fed this_day or Aa 2006. R. / /` 800 R0. \ dK2TB r`Cl' / I \./ l7TY DOtwL^J. �71Yef! all i 2 \; \ COUNTY OF ) Q it g 7Y CE ) � S7A1E Or[ONUS) COUNTY OF KENDALL) A NOTARY W&K'N AND FOR 7!K COUNTY AND STATE AFORESAID,00 NEACRY CERTLrY THAT APPROIED AND ACCEPTED BY DC MAYOR AND CITY COUNCIL Or THE LISTED CITY OF YORK14"ILLINOIS INS MY EF- 2006. y J � AND PE1r5D4Allr KAOLIN ID AIf 7D BE LIE AND OF AS SNOIwN 20.O'P.0 a CIE 'S / ABOYC APPEARED BE AE E ME male DA Y AND INSTRUMENT N DDC U THAT AS SUCH CHTTCERS \ TV B AMM AND DIEW AS DE SAID N57RIHIIEII7 AD CAUSED TIE CORPORATE SEAL MA yCYP Dot Ab.OT-f1H7) .1 TD BE AIFDED IOF SAID AS T1EAP PREE FOR HE USES MUNTARY AND AND AS THE FREE A T NXfMTARY ACT Dr SAID CDPPD4ATOh{ipP]HE LAYS ArD PURPOSES 7NEREN SET c�tJ g tORIH i 11, RO. OT, \ ",\ GWIN IINDIDf MY \ NAND NOTARIAL SEA THIS DAY OF Ile j E7TY CLSfC'S �/rYe'lE 57A 7f OF YLRIOS) I $ COUNTY OF KENDALL)� W \ NOTARY PUBLIC APPR01£D AND ACCCEPP7ED BY THE MAILER AND CITY CCUACK OF INE C lik4`p / of /MRD CITY OF YARRNLLE KLIKxS BY ORDNANCE Na AT A MEETING MELD TIE DAY LF 20018. A NON-EXCLUSILE BLANKET EASEMENT 6 HEREBY RESERVED FOR AND GRANTED TO SIC OF AMOVIECK NAM CUM ED."ES EXISTING S GRANTED BYN OFF YORKW.LL UAUNDS,_AND 77EN S /�' / '/ /// ✓ RESPECTIVE SUCCESSORS AND ASSIGNS 111i RE AREAS SHOW ON IRE PLAT AS BLANE7 EASEIdi ro CONSTRUCT,NSIALL RECONSTRUCT,REPAY REMOYtr REPLACE CITY CLERK SYS71 INSPECT.AID LINES AND ER BE SURFACE 01 I 7R,kAWrIW AND 7'.HNC MW L / V WZYGUI5 AND LINES UNDER RE TELEPHONE CABLE LF M'S ELE7 EA LINES MCLUDNG 7rLENS tt EW" D LL NECES CABLE CAS MANS ELECTRIC ONES D.70 �[ WINN90N LAMES AND ALL NECESSARY fACL/lES AVINWO.NAM BERM TOLE SSR AND RE RIGHT Dr ACCESS IREREM FUR RE PfR50W�1EL AND EQUIR 'N7 tECE55ARY W 11� I ,r L — AND REQUIRED FOR SUCH USES AND PURPOSES AND TOGETHER WTH WE RK,717 TO �Wl OL RESET CDWECTKNS INDEP nE SURACE Or EACH LOT 70 SERVE STA IE Or atNdS) LL 10 I \/�\ A NON-EMXUSY£BLAARET EASEMENT 6 ALSO!ERECT RESERVED IECO AND GRANTED ro )a 1 O `.% 11 ✓: LIE rW-R L77Y OF D INSPECT iLN05 ro OR THEIAC7,NSTALL.R£CD4DISDMS REPAIR, COIK�/7Y OF KENDALL) 1 \ REYOYf;TORM SE AND SANITARY Y SEVERS FOR LE/IOTY.SSgV AND WREAS ROW OF 1 D� f ON THE 57ARLI SEWF$SANITARY AIr,T AND EI WIN AY, W O AC AREAS SNONN TI95 NSTIRAENT NO WAS EYED FOP RECORD a V FO TITH PLAT ON EL AND EASEIEN7;NECESSARY AND A RMH7 Or ACCESS USES A10 FOR THE PERSONNEL AID EQUPMEN7 NECESSARY AND REOYSRED FOR S(X,R I6E5 AND N RE RECORDERS LFFILE"OF KEN/D,1lL COURTY,X1sNOS ON THIS PURPOSES ICE ABOVE NAMED ENTITIES ARE HEREBY GRANTED THE NOW 70 ENTER UPON DAY Or 2006.AT O'CLOCK —M. EASEMENTS NEREN DESCRIBED FOR TILE USES WNW SET FORTH AND RE RIGHT ro OUT MA14 OR REMOI£ANY TREES SHRUBS OR OTHER PUNTS WTI#N PC AREAS DESGAND AS'BLANKET EASEIENY WHCIH NIERfERE WAN THE COYSIRUCRYXQ INSTALLATION.RECONSIRUCMLN,REPAIR REMOVAL.REPLACEMENT,MAINTENANCE AND KENDAL COUNTY RECORDER OPERA71OI OF REM IINDOPGROIAVD 72V6W54OV AND DIS7RBUDOV SYSTEMS AND FACNTIES APPURTENANT DERERO.NO PERMANENT BENLW STRUCTURES OR 092ITRUC710INS SHALT.HE CONSTRUCTED N UPON.OR OVER ANT AREAS DESIGNATED AS Legal Description' 7LUYET EASE1111i BUT SUCH AREAS MAY BE USED IN CANVAS.SHRUBS TREES That part of Lot 9 in Menard's Commercial CommonA recorded as Document Number LA DSC,WNQ OR14T1'AM AND ODER RELATED PURPOSES R1A7 DO NOT LKWASWABLY N 02-11411, being a subdivision of pat of the Section 21 and the West half of Section 22 NTBRFERE 1071H THE USES HEREN DESONSED. P.UE=PUBLIC UTILITY EASEMENT and the North half of Section 28, Township 37 North,Range 7 East of the Third principal THE OCCUPA7TON AND I6E ar 7 E Nov-EKCI.USIVE RIANET EASEMENT HEREIN GRANTED Meridian, more particularly described as follows the North 5.00 feet of the South 15.00 AND RESERVED FOR TIE ABOVE NAMED DMIES BY EACH Or SUCH ENTITIES SMALL BE D.E.=DRAINAGE EASEMENT feet of said Lot 9, except those areas covered by an existing public utility and drainage DOVE N SUCH A MAMER SO AS NOT 70 INTERFERE WN OR PRECLUDE THE =EXISTING PUBLIC UTIL17Y EASEMENT easement, In the United City of Ybrkville, Kendall County,Illinois OCCURAMN AND USE TNEEOF BY 07TER EVVIES FOR INCH SUCH EASEAli ARE BY THE GRANTED AND PER DOC.NO. 02-11411 ABOW HAYED NTITI 5 SMALL BE DOPE SUCH AA MAN"SO AS NOT 70 =HEREBY DEDICATED WIN,DAMAGE OR Dffn4W ANY iRAN51R55Ow AND 057RIMMOV SYSTEMS AND FACR/7ES APPURTENANT REREW EXISTING WRM THE USEMEN75 BEING CROSSED OR PUBLIC UTILITY EASEMENT RECROSSED.NO LIE OR OLCUPA nON Or SAID EASEMENTS BY THE ABOVE NAMED ENTITIES SNAIL.CAUSE ANY CHANGE N GRADE OR SPAIN OR CHANGE THE SURFACE DRAINAGE PATTERNS FOELOWNG ANY NOW ro BE PERFORMED By TIE LNT7ED CITY Or YORKYKLE N RE EXERCISE OF ITS EASEMENT RIGHTS MOM GRANTED.SAID CITY SHALL HAVE NO 0NIM.I77ON WTH RESPECT M SURFACE RES74RAWA&INCLUDING BUT HOT LIMITED Ta THE RESTORATION REPAIR OR REPLACEMENT Or PAVEMENT,CARS GN7IERS 7REES URN OR SHRUBBERY,PROMOID,HONEVEJL THAT SAO CITY SHALL BE GSUTA7Ea s FCSLOWNO SUCH MANENANCE MOM ro BACKTYL AND MONO ALL BENCH CREA IED SIMY£Y01i CfRTIflCA1F ACC To 7 �EXCESSCH�DEW SS COLD SPOIL,AND iV L�FA�7 PC N7E AREA N A GENERALLY CLAN AND NDRKMANUKE CYxdx7Xw. STATE OF ILLINOIS ) )SS COUNTY OF KENDALL) NOTES: •This map was created for use as a plat of easement. This map is not to be used for any PLAT OF EASEMENT I,Craig L Duy,Ili Professienal Land Surveyor Number 3359,do construction or staking purposes without consent from a proper agent of Smith Engineering m hereby certify that the Plat of Eoseent hereon drawn was LOT 9 IN MENARD S COMMERCIAL COMMONS, prepared using previous survey information and maps,plate and :onault S ts,Inc. other Instruments of record fa the uses and purposes herein set This IS NOT a Plat of Survev. No assumptions or agreements os to ownership,use, a BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS forth,of the hereon described property. poseession can be conveyed from this document. Dated at Yorkville.Kendall County Illinois A.D.2006. No underground improvements have been located unless shown and noted. No distance should be assumed by scaling. •This map is void without original embossed or red colored seal and signature affixed. REVISIONS DWN BT. INt DATE: PROJECT N0. •ANNOTATION ABBREVIATIONS- P.O.S.=POINT OF BEGINNING 7. N7D 7125106 051087.03 Illinois Professional Lad Surveyor No.3359 P.O.C.=POINT OF COMMENCEMENT 2 DSN BY: TNT: HORIZ SCALE: SHEET NO. License expiration date: 11/30/2006 •ALL BEARINGS AND DISTANCES ARE BASED ON A LOCAL COORDINATE SYSTEM. 3 NIA 17=30' •THE EXISTING RIGHTS-OF-WAY SHOWN HEREIN ARE PER DEED OF RECORD. 4. CHK BY: INT' PERT SCALE: 1 Of 1 5 CLD N/A `,QED CITE, Reviewed By: J� T Legal ❑ City Council Finance ❑ EST. �' 1836 Engineer Agenda Item Tracking Number 0� City Administrator ❑ < �0` Consultant ❑ El City Council Agenda Item Summary Memo Title: Raintree Village Unit 4—Letter of Credit#FGAC-05372 , City Council/COW/Committee Agenda Date: 8/15/06 Committee of the Whole Synopsis: We have been notified that the letter of credit for Raintree Village Unit 4 earth- work will expire October 25, 2006. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Authorize the City Clerk to call the letter of credit if it is not renewed by October 20, 2006. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: o United City of Yorkville Memo 800 Game Farm Road EST 1 law Yorkville, Illinois 60560 .4 Telephone: 630-553-8545 o ti Fax: 630-553-3436 `�, ._moo C Date: August 3, 2006 To: John Crois, Interim City Administrator p From: Joe Wywrot, City Engineer U CC: John Wyeth, City Attorney Lisa Pickering, Deputy City Clerk Subject: Raintree Village Unit 4—Letter of Credit#FGAC-05372 Attached find a letter from Fidelity Guaranty and Acceptance Corporation notifying us that the letter of credit for Raintree Village Unit 4 Earthwork will expire on October 25, 2006. I called Rob Zoromski at Lennar and told him that the city will need to call the Letter of Credit if it is not renewed. I anticipate that Lennar will renew the letter of credit. It is standard practice,however, that we begin the process of calling the letter of credit should that become necessary. Please place this item on the Committee of the Whole agenda of August 15, 2006 for discussion. FIDELITY GUARANTY AND ACCEPTANCE CORP. 10707 CLAY RoAD(77041) Box 2863,HOUSTON,TExAs 77252-2863 PHONE(713)599-2575 DATE:JULY 27,2006 NOTICE OF LETTER OF CREDIT EXPIRATION BENEFICIARY: MAYOR AND ALDERMEN CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE,IL 60560 RE: OUR STANDBY LETTER OF CREDIT NO.FGAC-5372 PRESENTLY FOR AN AMOUNT OF USD $594,052.64 (FIVE HUNDRED NINETY FOUR THOUSAND FIFTY TWO AND 64/100) ISSUED IN YOUR FAVOR FOR THE ACCOUNT OF RAINTREE VILLAGE,LLC.( U w;k +1) GENTLEMEN: BE ADVISED THAT IN ACCORDANCE WITH THE LETTER OF CREDIT TERMS, WE HEREBY SERVE NOTICE THAT THE REFERENCED LETTER OF CREDIT WILL EXPIRE ON OCTOBER 25, 2006 WITH OUR CLOSE OF BUSINESS AT FIDELITY GUARANTY AND ACCEPTANCE CORP., ATTN: LETTER OF CREDIT DEPT., 10707 CLAY ROAD, HOUSTON, TEXAS 77041. ANY DRAWING RECEIVED AFTER OCTOBER 25,2006 WILL BE REFUSED. PLEASE RETURN THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS UPON EXPIRATION. FAILURE TO RETURN THE ORIGINAL LETTER OF CREDIT AND AMENDMENTS WILL HAVE NO EFFECT AND OUR LETTER OF CREDIT WELL BE CONSIDERED EXPIRED. ACKNOWLEDGED BY: BENEFICIARY DATE IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT LETTER OF CREDIT DEPARTMENT AT 713-599- 2575 AS SOON AS POSSIBLE. VERY TRULY YOURS, FIDELITY GUARANTY CCE ANCE CORP. VILLIAM D. GUNTR CE PRESIDENT CC: LENNAR-CHICAGO ATTN: KAREN BLAKE 2300 NORTH BARRINGTON BLVD., SUITE 540 HOFFMAN ESTATES,EL 60169 7002 0460 0001 1923 n9m, h�v � Ia ♦,��D CO.� Reviewed By: J2 1 00 _ Legal ❑ City Council Finance ❑ . EST. 1836 Engineer'��-- � Agenda Item Tracking Number y City Administrator ❑ Consultant ❑ ��`' ceL- i�� 'LE City Council Agenda Item Summary Memo Title: Grande Reserve Unit 12-Letter of Credit#S585960 City Council/Committee of the Whole Date: August 15, 2006 Committee of the Whole Synopsis: The site development letter of credit is due to expire on Nov. 11, 2006. Recommend authorizing the City Clerk to call the LOC if it is not renewed. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Authorize the City Clerk to call the Letter of Credit if it is not renewed by November 6, 2006. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: C r o United City of Yorkville Memo 800 Game Farm Road Esr. , 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 0 Fax: 630-553-3436 <LE Date: August 7, 2006 To: John Crois, Interim City Admi ' trator From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City Cler John Wyeth, City Attorney Subject: Grande Reserve Unit 12—Letter of Credit#S585960 Attached find a notice from LaSalle Bank that the letter of credit for the site development permit for Grande Reserve Unit 12 will expire on November 11, 2006. This letter of credit, in the amount of$209,211.73, guarantees satisfactory completion of earthwork and erosion/sediment control work items. I have notified the developer that this letter of credit needs to be renewed, and I anticipate that it will. In the meantime, however, I recommend that City Council authorize the City Clerk to call the letter of credit if it is not renewed prior to November 6, 2006. Please place this item on the Committee of the Whole agenda of August 15, 2006 for consideration. MEMBER OF THE ABN AMPC GROJP MENIBER OF T HE ABN AWIRC GROUP NIENIBER O°THE ASP AIMPO s9ROl jF MEPPBER OF THE ABN AMRO GROU?MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OFT. � m o _s m m c: m _ x m m LLI .z S D o a 0 c� m G cc � C a � � m m .0 S Q D z Z D H K a c 0 m a W C S mm � m m ...a o E ti a x z m Q m F D w O '.O m a .0 0 O s m 0 0 z m D m w z F � O W a m G w C 0 W C7 M r m ,...., .:, I{,s it ai`1• 1"7.•,i�u Z• otr+; � g"; '., ..x aDi z _ D Ll � S O :•a M o : m m m a c Ir m �:.}! ��f:.—F { ..`. i<t ��_J <..� �A�. ,..F-./' .�._ ..1,.1 .i dt...�.�: .t F... ��....,1..�-� •,8�'�..�'�a1.�?:3.�„{...(if D .It,��-I + D iYy It)1° a O x 0 � � p � ��J1C•I` � +Y•/' �,� ��1 �a�^ �"�-s')+ �'!("'�`J� ... .i=.I t +.•..:.I f, 1.,r::i{�.; �'.t F �i.,� c m U U \ ) U v c a � s m O m m :7 9 z x a z t o z• c n; b , 4 3 Ll _ m 6 D Q r , C `'.iO�33l.:IN,.,!1'?d"'1Pl I �Ni=w'7 !.%.c.-- ,Viv F�,',-�i�:� �i '.i��:'� Y I;f"3H.L JO lJ,B 1 ! ��.OL C 'iv i�a 7 _mot':LL.9JI 1 dfl�)c J .dVl!+'f I:]'• qH-�O yR8 13,x.<#f'.OE� 0r41A ..�:3H 3N1 JO J39!%13W� Reviewed By: J2 Legal ❑ City Council _4 ❑ EST , 1836 Finance $�'�0�L Engineer Agenda Item Tracking Number C y City Administrator 0� Consultant ❑ �� tbl� '1�g ALE City Council Agenda Item Summary Memo Title: Grande Reserve Unit 13 —Letter of Credit#S585959 City Council/ Committee of the Whole Date: August 15, 2006 Committee of the Whole Synopsis: The site development letter of credit is due to expire on Nov. 11, 2006. Recommend authorizing the City Clerk to call the LOC if it is not renewed. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Authorize the City Clerk to call the Letter of Credit if it is not renewed by November 6, 2006. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: �r o United City of Yorkville Memo ¢ '" 800 Game Farm Road Esr. 1836 Yorkville, Illinois 60560 1 Telephone: 630-553-8545 Fax: 630-553-3436 SCE �V� Date: August 7, 2006 • To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City Cler John Wyeth, City Attorney Subject: Grande Reserve Unit 13 —Letter of Credit#5585959 Attached find a notice from LaSalle Bank that the letter of credit for the site development permit for Grande Reserve Unit 12 will expire on November 11, 2006. This letter of credit, in the amount of$252,514.14, guarantees satisfactory completion of earthwork and erosion/sediment control work items. I have notified the developer that this letter of credit needs to be renewed, and I anticipate that it will. In the meantime, however, I recommend that City Council authorize the City Clerk to call the letter of credit if it is not renewed prior to November 6, 2006. Please place this item on the Committee of the Whole agenda of August 15, 2006 for consideration. ¢M EMBER OF THE ABN IVARO GROUP NIENIDEF.C-- AF,,;M,30 15R•LIF'MDdBER OF THE AWJ AIARO GROUP MEMBER OF THE AbN AL-FL 3,,0 -AEJ-.OF HE A611 ALIPC• i;,Ei FPR O� B,,ATA4;S iRDjP;AEfA,3ER OF F, 3 t 3, w.3�I L. tf-,k EP L 14 11 C..-D L'.1. Y C! �'Y`U V L 1.1-il- 0 L "Ll f V 1.L L L O u 2 C) 0--kA3 5,N- V C[- '3 t- 6—Jo IN A COD R!),A',Nl?*.E W ITH I I t 6»EMY6 h4}4.1 C'Utli ID 1''Ir 1' t"I"LE' tD r f'%'E E'REr,$C�;C.D L.EL*7 1 E.R Cl F C'PE D 1'T I I E F I rl'l' k- CRE13II-l" WILL EXPIRE ON C, L-R, lGLNE:,fRA ir Itill, s I G.4 A u R,E. R I-,Q1 u 1 1: f-D C, A 3 It'; 1 1 NL L "'I- R N 1 m tzJ 4 4-J!7,• R C, C, C, 0 0 0 O C, m M < z > LL c M =IG uzoAGII,6noHo NLI D"'I NO 06'V7V HAY I, Av C/Y.y Reviewed By: Legal ❑ City Council Finance ❑ EST: !__sass Engineer 1-7(c -C 4 City Administrator ❑ Agenda Item Tracking Number G i OC►1C- 11AI �fO Consultant ❑ ELE ❑ City Council Agenda Item Summary Memo Title: Grande Reserve Regional Park—Route 34 Improvements Approval and Bond Reduction#2 City Council/Committee of the Whole Date: August 15, 2006 Committee of the Whole Synopsis: This request is for final acceptance of the roadway and traffic signal improvements on Route 34 adjacent to Grande Reserve. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approve roadway improvements and reduce the bond in the amount of$22,436.18, subject to IDOT concurrence. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: CIP o United City of Yorkville Memo 800 Game Farm Road Esr. 1 ��= 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 µ p Fax: 630-553-3436 <LE ��'�• Date: August 7, 2006 To: John Crois, Interim City Administrator ` From: Joe Wywrot, City Engineer j �J CC: Lisa Pig, ty—City-CIerk!.,xi Eric Dhuse, Director of Public Works Subject: Grande Reserve—Route 34 Improvements Approval and Bond Reduction#2 Attached find a letter from Pasquinelli Development Group, Inc. requesting final acceptance of the Route 34 roadway improvements, which consisted primarily of roadway widening and traffic signal construction. I concur with the work completed to date, and recommend acceptance of the improvements subject to IDOT approval. The bond would be reduced by the amount of$22,436.18. The remaining amount of the bond would be $44,872.35, and would remain in effect for the one-year warranty period. The warranty period would not begin until we receive IDOT's concurrence. Please note that we would be approving, not accepting, the Route 34 improvements since they will fall under IDOT's jurisdiction. Please place this item on the Committee of the Whole agenda of August 15, 2006 for consideration. FROM :PASQUINELLI FAX NO. :16308828097 _ _Jul. 18 2006 10:53AM P4 P�A,SQUIlVEL.LI DE VELppNT.GRp 6860 North F}Ontsp Road UP, PVC. Suite 100 RauP"dge,IL.60527 Emu July 18,2006 Joseph WYR'rot united City of Yorkville 800 Game Farm Road Yorkville,IL 60560 Re.Grande Reserve Rt.341tnprovements_ y Bond Safeguard Insurance Com an Letter of Credit#2 P Y Bond#5017193 Dear Joe; Attached is the second bond done. reduction request, At this time all improvements have been Please call me if you have any questions. 1 can be reached at 708-5141706. S' erely, uric Parzyszek Project Manager FROM :PASQUINELLI FAX NO. :16308828097 Jul. 18 2006 10:53AM P5 Route 34 Improvements Letter of Credit/Bond Red;tction Rom Actual Amount After Earthwt)rk L/C— A"�11t 15tReciuction Storm Sewer $$4317.4$ $I.1,497.84 2na Rc lYest $1.2,584.00 $1,887.60 $11,497.84 Paving $247,640.50 $1,887.60 Traffic Signal $111,846-75 $37,14b.08 $37,146.08 $16,777.01 $16,7'77.01 We are requesting to go to a maintenance level. 7-Aug-06 Letter of Credit/Bond Reduction Subdivision: Grande Reserve-Route 34 Improvements-Bond Red.#2 Approved Letter of Credit Letter of Credit Substantially complete Amount of Remaining Item En-q. Est. Amount Amout After Red.#1 prior to Red.#2 Reduction#2 Amount After Red.#2 Earthwork $76,652.25 $84,317.48 $11,497.84 $76,652.25 $3,832.62 $7,665.23 Storm Sewer $12,584.00 $13,842.40 $1,887.60 $12,584.00 $629.20 $1,258.40 Paving $247,640.50 $272,404.55 $37,146.08 $247,640.50 $12,382.03 $24,764.05 Traffic Signal $111,846.75 $123,031.43 $16,777.01 $111,846.75 $5,592.34 $11,184.68 Totals $448,723.50 $493,595.85 $67,308.53 $448,723.50 $22,436.18 $44,872.35 Notes: 1)LOC/Bond amt. to be 15%of subsantially completed items plus 110%of uncompleted items. 2) LOC/Bond amt.to be 10% upon final acceptance. Qva 4- Reviewed By: Legal ❑ City Council EST , 1836 Finance ❑ Engineer City Administrator ❑ Agenda Item Tracking Number Consultant ❑ ELE' `vim ❑ City Council Agenda Item Summary Memo Title: Grande Reserve Regional Park—Earthwork Acceptance and Letter of Credit Reduction#2 City Council/ Committee of the Whole Date: August 15, 2006 Committee of the Whole Synopsis: This request is for final acceptance of the earthwork improvements in the Grande Reserve Regional Park. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Accept earthwork and erosion control work and reduce letter of credit in the amount of$23,833.50, subject to Park Board concurrence. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: o United City of Yorkville Memo 0 800 Game Farm Road EST. , sw: 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 630-553-3436 44. Date: August 7, 2006 To: John Crois, Interim City Admi 'strator • From: Joe Wywrot, City Engineer U CC: Lisa Pickering,Deputy City Cl Dave Mogle, Director of Parks &Recreation Subject: Grande Reserve Regional Park—Earthwork Acceptance and Letter of Credit Reduction#2 Attached find a letter from Pasquinelli Development Group, Inc. requesting final acceptance of the earthwork and erosion control improvements in the regional park located off the SW corner of Galena Road and Kennedy Road. I concur with the work completed to date, and recommend acceptance of the earthwork and erosion/sediment control components of the park improvements subject to concurrence of the Park Board. The letter of credit would be reduced by the amount of$23,833.50. The remaining amount of the bond would be$47,667.00, and would remain in effect for the one-year warranty period. Please note that this acceptance recommendation does not apply to other site improvements, such as paving,ball fields, or public infrastructure constructed on park property. Please place this item on the Committee of the Whole agenda of August 15, 2006 for consideration. FROM :PASQUINELLI FAX NO. :16308826097 Jul. 182006 10:52AM P2 'r-L UINELLI DEVELOP"IENT.0 6860 North Frontage Road �O�P' C' Slim, 100 Burr Ridge,IL 60527 July 18,2006 Unit C mot tY of Yorkv 800 e ille Game Farm Road Yorkville,IL 60560 Re:Grande Reserve Regional Park Letter of Credit#2 A LaSalle Bank Letter of Credit#5582610 Dear Joe: Attached is picte at the Letter of Credit reduction request At this time all mass has been co regional park grading Please call me if you have any questions. I can be reached at 708-514-1706. Si erely, UIJ� �(1�Q . rie Parzyszek C� (J O Project Manager . FROM :PASQUINELLI FAX NO. :16308828097 Jul. 18 2006 10:52AM P3 Regional park Mass Grading Letter of Credit/Bond RedlIcti �Erosion/Sediment 7rr►ent Control !em Actual Eat thwork j/C�lut Amount Auer $484,154.00 1 Rem°n 2"f'Re ue Storm Sewer $66,021.00 �st $40,183.00 $66,021.0o $5,479,$0 We are requesdfI to $$479.50 g gc�to�maintel.lance level. 7-Aug-06 Letter of Credit/Bond Reduction Subdivision: Grande Reserve- Regional Park Mass Grading and Erosion/Sediment Control Approved Letter of Credit Letter of Credit Substantially complete Amount of Remaining Item Eng. Est. Amount Amount after Red. #1 prior to Red. #2 Reduction#2 Amount Earthwork $440,140.00 $484,154.00 $66,021.00 $440,140.00 $22,007.00 $44,014.00 Storm Sewer $36,530.00 $40,183.00 $5,479.50 $36,530.00 $1,826.50 $3,653.00 Totals $476,670.00 $524,337.00 $71,500.50 $476,670.00 $23,833.50 $47,667.00 Notes: 1) LOC/Bond amt. to be 15%of subsantially completed items plus 110% of uncompleted items. 2)LOC/Bond amt. to be 10% upon final acceptance. Pw pia CIP Reviewed By: J2 O� Legal ❑ City Council Finance ❑ p ESL 1838 Engineer l�► City Administrator ❑ Agenda Item Tracking Number Consultant ❑ �W aan o '° ly r City Council Agenda Item Summary Memo Title: Wells No. 3&4 Treatment Facility—Change Order#3 City Council/ Committee of the Whole Date: August 15, 2006 Committee of the Whole Synopsis: This change order is for a$900 increase for additional control relays, and for a 31-day time extension. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Co.o United City of Yorkville Memo 800 Game Farm Road n Esr :,ass Yorkville, Illinois 60560 Z , Telephone: 630-553-8545 Fax: 630-553-3436 <kE" X Date: August 7, 2006 To: John Crois, Interim City Administrator • From: Joe Wywrot, City Engineer L3 CC: Lisa Pickering, Deputy City Cler Subject: Wells No. 3&4 Treatment Facility—Change Order#3 Attached find one copy of proposed Change Order#3 for the referenced project. This change order, in the amount of a$900.00 and a 31-day time extension, is for additional relays to provide better operational ability. The 31-day time extension is due to a delay in delivery of the motor control center and the controller,which are items beyond the general contractor's control. Please refer to the change order itself for more details. I recommend that this change order be approved. Please place this item on the Committee of the Whole agenda of August 15, 2006 for consideration. CHANGE ORDER Order No.: CO-03 Date: Auqust 4, 2006 Agreement Date: October 13, 2005 NAME OF PROJECT: Contract B.1 Yorkville Wells No. 3 &4 Well House and Treatment Facility OWNER: United City of Yorkville CONTRACTOR: Whittaker Construction & Excavating, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: Add 31 days to the contract completion date to allow for delayed delivery and installation for the motor control center and programmable logic controller. Furnish and install additional relays for the motor control center for Well No. 4. (Add: $900.00). Justification: Additional time is needed to for the delivery of the motor control center and programmable logic controller due to fabrication delays. The additional relays allow more flexibility for operations and operator safety. Change of CONTRACT PRICE: Original CONTRACT PRICE: $ 1,819,000.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S) $ 1,833,898.00 The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (desrea:ed) by: $ 900.00 The new CONTRACT PRICE including this CHANGE ORDER will be $ 1,834,798.00 CO-01 CHANGE ORDER Page 2 Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (deG eased) by 31 calendar days. The date for completion of all work will be September 30, 2006 (Date). Approvals Required: To be effective this order must be approved by the agency if it changes the scope or objective of the PROJECT, or as may otherwise be required by the SUPPLEMENTAL GENERAL CONDITIONS. Requested by: Whittaker Construction & Excavating Inc. Recommended by: Engineering Enterprises, Inc. Accepted by: t/vklcN,r — United City of Yorkville WO State Agency Approval: 1J t (t CO-02 CONTRACTOR'S PROPOSAL REQUEST MATERIAL LIST/CHANGE ORDER BREAKDOWN PROPOSAL REQUEST No. 005 WHITTAKER CONSTRUCTION & EXCAVATING, INC. Phone: 815-246-7119 P. O. BOX 21 - 105 PARK STREET Fax: 815-246-7118 EARLVILLE, ILLINOIS Project: Wells No. 3 and 4 Well House Treatment Facility Contract 13.1 United City of Yorkville Date: July 31, 2006 Document: PR 005 DESCRIPTION OF CHANGE: Cost for Five (5) 2-pole relays for Motor Control Center at Well No. 4, per email and direction from Michael Schiro with attached email drawings. Ten relay outputs will be provided Item No. Item Description Unit (qty Description Unit Price Extension Cost for Five(5) 2-pole relays for Motor Control Center at Well No. 4, per email and direction from Michael Schiro with attached email drawings. Ten relay outputs will be provided 1 LS Materials $803.00 $803.00 $803.00 O & P $80.30 Subtotal $883.30 Bond $16.70 Total $900.00 Reviewed By: Legal ❑ City Council Esr. yam Finance ❑ Engineer City Administrator Agenda Item Tracking Number ❑ Consultant ❑ PW ao013 '�y a <LE `w City Council Agenda Item Summary Memo Title: Prairie Meadows Subdivision—Bond Reduction#1 City Council/Committee of the Whole Date: August 15, 2006 Committee of the Whole Synopsis: This bond reduction is based on work performed to date. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Authorize a bond reduction in the amount of$5,249,783.98. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: United City of Yorkville Memo 800 Game Farm Road EST law Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 SCE Date: August 7, 2006 _ To: John Crois, Interim City Admi 'strator From: Joe Wywrot, City Engineer CC: Lisa Pickering,Deputy City Clerk Subject: Prairie Meadows Subdivision—Bond Reduction#1 Attached find a request from Smith Engineering Consultants on behalf of Menards to reduce the bond for the Prairie Meadows development. I have reviewed the request and concur with the amount of work performed to date with the following exceptions: • The striping of the roadways is not complete. This work cannot be performed until the final surface course is paved. • The streetlighting work along Kennedy Road is not complete. • The Kennedy Road improvements were stopped about 200 feet short of Christy Lane to allow for a smooth transition into the Autumn Creek Kennedy Road project. EEI has estimated the value of that work at about$46,000. Menards has not agreed to that amount yet, so until that issue is resolved I recommend that we retain that amount in the bond. Please note that the streetlights are still not lit within the development,but this is due to delays from Menards electrician and Commonwealth Edison. The electrician has finally provided the paperwork needed for Commonwealth Edison to connect the lights. We are now waiting for Com Ed to prepare the Rate Agreement and connect the power. I recommend that a reduction be approved for the Prairie Meadows bond in the amount of$5,249,783.98. The remaining amount of the bond would be$913,832.99. Please place this item on the August 15, 2006 Committee of the Whole agenda for consideration. riSmith Engineering Consultants, Inc. Civil/Structural Engineers and Surveyors June 30. 2006 Mr. Joseph Wywrot City Engineer United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Ise:: 1 ralrie Meadows SEC Job No. MENA-030316-3 Dear Mr. Wywrot: On behalf of Menard, Inc., we hereby request a bond reduction for the above referenced project in accordance with the enclosed completed Bond Reduction Form. The bond may be reduced from$6,163,616.97 to $861,644.45. Should you have any questions or require additional information, please call. Thanks you, Kevin J. Bisc , P.E., P.L.S. Senior Project Manager KJB/mal Enclosure cc: Roger Arens, Menard, Inc. (w/enc.) YAJobs\.Smith\2003\030316 Menard Residential Subdivision\correspondence\letters\0303161tr Wywrot KJB 063006.doc 759 John Street,Yorkville,II.60560 www.sriiithengineering.com . ; A All Telephone 630.553.7560 Fax 630.553.7646 0 , 30-Jun-06 Letter of Credit/Bond Reduction MENA-030316-03 Subdivision: Prairie Meadows KJB Reduction No. 1 Bond/LOC No. LOC/Bond Approved Original amount Amount remaining Amount complete prior Amount of Amount to remain Item I En g. Est. for LOC/Bond to Reduction No.1 Reduction No.1 after Red. No.2 Earthwork $1,031,180.00 $1,134,298.00 $1,134,298.00 $1,031,180.00 $979,621.00 $154,677.00 San. Sewer $538,404.00 $592,244.40 $592,244.40 $538,404.00 $511,483.80 $80,760.60 Watermain $672,396.00 $739,635.60 $739,635.60 $672,396.00 $638,776.20 $100,859.40 Storm Sewer $998,867.00 $1,098,753.70 $1,098,753.70 $998,867.00 $948,923.65 $149,830.05 Pavement $1,126,155.00 $1,238,770.50 $1,238,770.50 $1,103,890.55 $1,048,696.02 $190,074.48 Landscaping $661,532.00 $727,685.20 $727,685.20 $661,532.00 $628,455.40 $99,229.80 Kennedy Road $574,754.15 $632,229.57 $632,229.57 $574,754.15 $546,016.44 $86,213.12 Totals $5,603,288.15 $6,163,616.97 $6,163,616.97 $5,581,023.70 $5,301,972.521 $861,644.45 Notes: a) LOC/Bond amt. to be 15% of substantially completed items plus 110% of uncompleted items prior to final acceptance. b) LOC/Bond reduced to 10%at final acceptance. 7-Aug-06 Letter of Credit/Bond Reduction Subdivision: Prairie Meadows Original Approved Letter of Credit Substantially complete Remaining Item Eng. Est. Amount prior to Red. #1 Reduction No.1 Amount Earthwork $1,031,180.00 $1,134,298.00 $1,031,180.00 $979,621.00 $154,677.00 Sanitary Sewer $538,404.00 $592,244.40 $538,404.00 $511,483.80 $80,760.60 Watermain $672,396.00 $739,635.60 $672,396.00 $638,776.20 $100,859.40 Storm Sewer $998,867.00 $1,098,753.70 $998,867.00 $948,923.65 $149,830.05 Pavement $1,126,155.00 $1,238,770.50 $1,097,955.25 $1,043,057.49 $195,713.01 Landscaping $661,532.00 $727,685.20 $661,532.00 $628,455.40 $99,229.80 Kennedy Road $574,754.15 $632,229.57 $525,754.15 $499,466.44 $132,763.12 Totals $5,603,288.15 $6,163,616.97 $5,526,088.40 $5,249,783.98 $913,832.99 Notes: 1) LOC/Bond amt. to be 15%of subsantially completed items plus 110% of uncompleted items. pw `,QED C/Ty Reviewed By: J? 0� City Council Legal ❑ Finance ❑ EST. :1836 O( Engineer �,+�I ov6 Agenda Item Tracking Number y City Administrator Consultant ❑ �) aQ0(Q_`yam O� ❑ Q <LE City Council Agenda Item Summary Memo Title: 2005 In-Town Drainage Program—Change Order#13 City Council/ Committee of the Whole Date: August 15, 2006 Committee of the Whole Synopsis: This is the final balancing change order in the amount of a$143,500 decrease. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: United City of Yorkville Memo 800 Game Farm Road Esr 1 sss Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 LLE Date: August 7, 2006 To: John Crois, Interim City Admi 'strator From: Joe Wywrot, City Engineer CC: Lisa Pickering,Deputy City Clerk Susan Mika, Finance Director Subject: 2005 In-Town Drainage Program—Change Order#13 Attached find one copy of proposed Change Order#13 for the referenced project. This change order, in the amount of a$143,500 decrease, is the final balancing change order for this project. The original contract award amount for this project was $921,017.00. There were 12 previous change orders, most of which were for relocation of the storm sewer to avoid existing utilities. The final contract amount is $932,996.00. I recommend that this change order be approved. Please place this item on the Committee of the Whole agenda of August 15, 2006 for consideration. CITY OF YORKVILLE CHANGE ORDER PROJECT NAME: 2005 In Town Drainage Program JOB NO.: YORK-050148-06 LOCATION: Complete Job CHANGE ORDER: 13 CONTRACTOR: R.A. Ubert Construction DATE: 7/28/2006 DESCRIPTION OF CHANGE ORDER: Final balance change order ORIGINAL CONTRACT AMOUNT: [1] $921,017.00 TOTAL OF PREVIOUS AUTHORIZED CHANGE ORDERS: [2] $155,479.00 CURRENT CONTRACT AMOUNT: ([1]+[2]) [3] $1,076,496.00 PROPOSED CHANGE ORDER: (PENDING APPROVAL) [4] ($143,500.00) PROPOSED REVISED CONTRACT AMOUNT: (PENDING APPROVAL) ([3]+[4]) [5] $932,996.00 NET OF ALL CHANGE ORDERS: (PENDING APPROVAL) ([2]+[4]) $11,979.00 TIME EXTENSION OR REDUCTION: 0 TOTAL CONTRACT TIME: (PENDING APPROVAL) 1-Aug-05 RECOMMEENDKD FOR A E: • (7-Z "e�pproved By: Resident Engine Date c>$ioKorzs%) Mayor Date B Approved By: ract ate (`$1OKor25%) City Manager Date �� U 'k— :�(-7 1°6 Attest: Ci E gineer 0 Date City Clerk Date It is understood that as part of this change order that the Contractor agrees that all bonds,permits,insurance and guarantees are hereby extended to incorporate this Change Order. Page 1 of 2 :005 In Town Drainage Program C.O.#13 712812006 NO ITEM CURRENT UNIT UNIT FINAL QTY DIFFERENCE Amount Difference_ Final AMOUNT QUAN PRICE QUAN 1 Construction Slaking 1 L Sum $1,000.00 1.0 0.0 $1,000.00 $1,000.00 2 Mobilization 0 Inc. $0.00 0.0 0.0 $0.00 $0.00 3 Traffic control and Protection 1 LSum $1,000.00 1.0 0.0 $1,000.00 $1,000.00 4 Sediment and Erosion control 1 1 L Sum $1,000.001 1.0 0.0 $1,000.001 $1,000.00 5 Site Restoration 5820 S.Y. $1.00 2000.0 (3,820.0) $2,000.00 $2,000.00 6 Seed,Class 1A 5820 S.Y. $2.00 2000.0 (3,820.0) $4,000.00 $4,000.00 7 Storm Sewer Televising 1 L Sum $13,000.00 1.0 0.0 $13,000.00 $13,000.00 8 Street Sign Removal and Reinstallation 10 Each $1.00 0.0 10.0) ($10.00) $0.00 9 Fence Removal and Replacement 100 L.F. $10.00 0.0 (100.0) ($1,000.00) 80.00 10 Temp.Mailbox Relocation and Reinstallation 0 Inc. $0.00 0.0 0.0 $0.00 $0.00 11 Detectable Marking Tape,3"W,Green 238 L.F. $0.50 238.0 0.0 $0.00 $119.00 12 Sanitary Service Reconnection 30 Each $100.00 18.0 12.0) ($1,200.00) $1,800.00 13 Water Service Reconnection 30 Each $2&00 17.0 13.0 ($325.00) $425.00 14 Watermain Lowering,6" 1 Each $500.00 0.0 (1.0) ($500.00) $0.00 15 Watermain Lowering,8" 3 Each $800.00 2.0 (1.0) ($800.00) $1,600.00 16 Watermain Lowering,12" 2 Each $1,000.00 0.0 2.0) ($2,000.00) $0.00 17 Watermain Lowering,16" 1 Each $1,200.00 1.0 0.0 $0.00 $1,200.00 18 Watermain Linestops,8" 1 Each $500.00 0.0 (1.0) ($500.00) $0.00 19 Watermain Linestops,B" 3 Each $700.00 3.0 0.0 $0.00 $2,100.00 20 Watermain Linestops,12" 2 Each $800.00 0.0 2.0 ($1,600.00) $0.00 21 Watermain Linestops,16" 1 Each $1,000.00 1.0 0.0 $0.00 $1,000.00 22 Exploratory Excavation 1 Each $100.00 1.0 0.0 $0.00 $100.00 23 Curb and Gutter Removal,no replacement 0 Inc. $0.00 0.0 0.0 $0.00 $0.00 24 Pre-Cast Segmental Curb Removal&Relocation 0 Inc. $0.00 0.0 0.0 $0.00 $0.00 25 Tree Protection 1 Each $50.00 0.0 1.0) $50.00) $0.00 26 Tree Removal,All Dia.,no replacement 7 Each $200.00 7.0 0.0 $0.00 $1,400.00 27 Tree Removal&Replacement,less than 6"Dia. 1 Each $300.00 0.0 (1.0) ($300.00) $0.00 28 Tree Removal&Replacement,6"-12"Dia. 1 Each $500.00 0.0 (1.0) ($500.00) $0.00 29 Tree Removal&Replacement,12">Dia. 2 Each $750.00 0.0 (2.0) $1,500.00) $0.00 30 Agg Shoulder&Edge of Pvmt.Repair,CA-6 2425 L.F. $6.00 2425.0 0.0 $0.00 $14,550.00 31 Trench Backfill,CAS&CA-7 Total 0 Inc. $0.00 0.0 0.0 $0.00 $0.00 32 Storm Sewers,5 L.F.w/Plug,Class 3,12"Dia. - 5 Each $60.00 - 5.0 0.0 $0.00 $300.00 - 33 Storm Sewers,Class 3,12"Dia. 1684 L.F. $60.001 1251.0 433.0 $25,980.00) $75,060.00 34 Storm Sewers,Class 3,15"Dia. 1030 L.F. $65.00 1030.0 0.0 $0.00 $66,950.00 35 Storm Sewers,Class 3,18"Dia. 764 L.F. $87.00 732.0 (32.0) ($2,784.00) $63,684.00 36 Storm Sewers,Class 3,21"Dia. 386 L.F. - $92.00 249.0 (137.0) ($12,604.00) $22,908.00 37 Storm Sewers,Class 3,24"Dia. 577 L.F. $95.00 577.0 0.0 $0.00 $54,815.00 38 Storm Sewers,Class 3,2T'Dia. - 699 L.F. $98.00 697.0 (2.0) ($196.00) $68,306.00 39 Storm Sewers,Class 3,30"Dia. 1352 L.F. $100.00 1329.0 23.0) $2,300.00) $132,900.00 40 Storm Sewers,Class 3,36"Dia. 964 L.F. - $150.00 964.0 0.0 $0.00 $144,600.00 _ 41 Flared End Section,30"Dia.,w/grate 1 Each $1,500.00 1 1.0 0.0 $0.00 $1,500.00 42 Flared End Section,36"Dia.,w/grate 1 Each $1,700.00 1.0 0.0 $0.00 $1,700.00 43 Catch Basins,Type C,2'Dia.,Type 9 Grate 1 Each $600.00 1.0 0.0 $0.00 $600.00 44 Catch Basins,Type C,2'Dia.,Type 11 Grate 1 Each $600.00 1.0 0.0 $0.00 $600.00 45 Catch Basins,Type C,2'Dia.,No Frame or Grate 1 Each $500.00 1.0 0.0 $0.00 $500.00 46 Catch Basins,Type A,4'Dia.,Type 8 Grate 8 Each $1,600.00 8.0 0.0 $0.00 $12,800.00 47 Catch Basins,Type A,4'Dia.,Type 11 Grate 2 Each $1,600.00 2.0 0.0 $0.00 $3,200.00 48 Catch Basins,Type A,4'Dia.,TI CL(Type B) 1 Each $1,600.00 1.0 0.0 $0.00 $1,600.00 49 Catch Basins,Type A,5'Dia.,T1 F CL(Type B) 5 1 Each $1,950.001 5.0 0.0 $0.00 $9,750.00 50 Inlets,2'Dia.,Type 8 Grate 22 Each $500.00 22.0 0.0 $0.00 $11,000.00 51 Inlets,2'Dia.,Type 9 Grate 2 Each $500.00 2.0 0.0 $0.00 $1,000.00 52 Inlets,2'Dia.,Type 11 Grate 1 Each $500.00 1.0 0.0 $0.00 $500.00 53 Inlets,2'Dia.,No Frame or Grate 2 Each $400.00 1.0 (1.0) ($400.00) $400.00 54 Manhole,Type A,4'Dia.,TV CL(Type B) 3 Each $1,500.00 2.0 (1.0) ($1,500.00) $3,000.00 55 Manhole,Type A,4'Dia.,T1F OL(Type 8 Grate) 20 Each $1,600.00 8.0 (12.0) ($19,200.00) $12,800.00 56 Manhole,Type 8,4'Dia.,T1F CL(Type B) 1 Each $2,000.00 0.0 1:0) ($2,000.00) $0.00 57 Manhole,Type 8,WOW,T1F OL(Type 8 Grate) 2 Each $2,000.00 2.0 0.0 $0.00 $4,000.00 58 Manhole,Type A,5'Dia.,T1 F CL(Type 8) 12 Each $1,900.00 8.0 4.0 ($7,600.00) $15,200.00 59 Manhole,Type A,5'Dia.,T1 F OL(Type 8 Grate) 15 Each $1,900.00 13.0 -2.0 $3,800.00 $24,700.00 60 Manhole,Type B,5'Dia.,T1 F CL(Type B) 4 Each $1,900.00 4.0 0.0 $0.00 $7,600.00 61 Manhole,Type B.6 Dia.,TV OL(Type 8 Grate) 1 Each $1,900.00 1.0 0.0 $0.00 $1,900.00 62 Slone Riprap,Class A4,with Bedding 11 S.Y. $50.00 11.0 0.0 $0.00 $550.00 r� 63 Stone Riprap,18",Class A7,Special,wBedding 141 S.Y. $35.00 141.01 0.0 $0.00 $4,935.00 Page 2 of 2 EN002(6/99) 2006 In Town Drainage Program C.O.#13 7/28/2006 NO ITEM CURRENT UNIT UNIT FINAL CITY DIFFERENCE Amount Difference Final AMOUNT_ QUAN PRICE QUAN 64 Filter Fabric for use with Riprep 152 S.Y. $4.00 105.5 46.5) $186.00) $422.00 65 Stone Sewer Connection 2 Each $500.00 2.0 0.0 $0.00 $1,000.00 66 Rim Adjustments 3 Each $100.00 2.0 1.0 $100.00 $200.00 67 Bit.Pavement Removal and Restoration 585 1 S.Y. $37.001 250.0 -335.0 ($12.395.00)1 $9,250.00 68 Driveway Removal and Replacement 339 S.Y. $22.00 0.0 339.0) $7,458.00 $0.00 69 Sidewalk Removal&Replacement 168 S.V. $40.00 168.0 0.0 $0.00 $6,720.00 70 Trench BackB#CA-7 1739 CU YD $20.00 1739.0 0.0 $0.00 $34,780.00 71 2-Aspha#Patch 0 SQYD $11.00 0.0 0.0 $0.00 $0.00 72 Poursd 4h-Place Concrete Toe Block 1 Each $600.00 1.0 0.0 $0.00 $600.00 73 Saw Cut Pavement 0 L.F. $3.00 0.0 0.0 $0.00 $0.00 74 Catch Basin,Type B,4-Dia.T110 2 Each 1 $1,800.00 2.01 0.0 $0.00 $3,600.00 75 Catch Basin,Type B,4-Dia.TOO 1 Each 1 $1,800.00 1.0 0.0 $0.001 $1,800.00 76 Catch Basin,Type A,6'Dia.,TOO 1 Each $2,000.00 1.0 0.0 $0.00 $2,000.00 77 Sanitary ManholeRecormwilon 0 Each $1,500.00 0.0 0.0 $0.00 $0.00 78 SanNary Sewer 8-SDR26 45 L.F. $67.00 45.0 0.0 $0.00 $3,015.00 79 Sanitary Sewer,8-SDR26 35 L.F. $92.00 30.0 (5.0) ($460.00) $2,760.00 80 Ducdl Iron Pipe 12" 139 L.F. $80.00 139.0 0.0 $0.00 $11,120.00 81 Bit.Pavement Removal and Restoration 335 S.Y. $9.001 335.0 0.0 $0.00 $3,015.00 82 FORCE ACCOUNT#1 FM Tile 1 L.S. $4,242.00 1.0 0.0 $0.00 $4,242.00 83 Rem.&Rapt.FES,&Concrete Toe Block 1 L.S. $2,400.00 1.0 0.0 $0.00 $2,400.00 84 Rem.&Re 1.38"RCP Stone Sewer Be L.F. $250.00 88.0 0.0 $0.001 $22,000.00 85 Rock Excavation 97 CU YD $225.00 97.0 0.0 $0.00 $21,825.00 8B Removal of Spoils 141 CU YD $45.00 141.0 0.0 $0.00 $6,345.00 87 Fill&Grade Aound Pte 1 L.S. $250.00 1.0 0.0 $0.00 $250.00 TOTAL AMOUNT OF WORK COMPLETED $93$996.00 r � Page 2 of 2 EN002(6199) `,�tiD C/�•1- Reviewed By: Legal ❑ City Council Finance ❑ EST: -,106 Engineer � y City Administrator Agenda Item Tracking Number � '20 Consultant ❑ �A . City Council Agenda Item Summary Memo Title: Prestwick of Yorkville(Phase 1)—Revised Construction Guarantee Amount City Council/ Committee of the Whole Date: August 15, 2006 Committee of the Whole Synopsis: The Prestwick developer has requested a second reduction in the amount of the construction guarantee required prior to recording the Phase 1 final plat. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval of a reduced construction guarantee amount in the amount of$2,485,717.66, subject to staff approval of the landscape cost estimate. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Co.o United City of Yorkville Memo 800 Game Farm Road Esr. 1 _. 1836 Yorkville, Illinois 60560 y Telephone: 630-553-8545 Fax: 630-553-3436 LLE Date: August 7, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer CC: Lam'pi tnE,Deputy CityC Travis Miller, Community Development Director Subject: Prestwick of Yorkville (Phase 1)—Revised Construction Guarantee Amount Recently the Prestwick developer requested that the construction guarantee amount required prior to recording the Phase 1 final plat be reduced based on work completed to date. That request was submitted to the City Council on June 27, 2006 and approved, resulting in a lowered construction guarantee in the amount of$2,778,346.96. Since that first approval, additional work has been performed but the plat was still not recorded. The developer has requested, therefore, that the amount of the guarantee be further reduced due to the additional work performed. The developer has also included the landscape amount in his calculations for this request. I have reviewed the work completed to date and concur with the developer's request. Please refer to the attachments for details. Please note,however, that the final landscape plan for Phase 1 and the corresponding dollar amount has not yet been approved. The developer's calculations use a landscape cost estimate of$435,633.00. If this amount is not approved by the Community Development Department, the construction guarantee will need to be revised accordingly. I recommend that the required construction guarantee for Prestwick Phase 1 be reduced to the amount of$2,485,717.66, subject to staff approval of the landscape cost estimate. The Route 126 Improvements and Ashley Road Improvements are also not covered by this letter of credit. Construction guarantees for those roadway improvements should be established prior to recording the final plat for Prestwick Phase 2. Please place this item on the August 15, 2006 Committee of the Whole agenda for consideration. 7-Aug-06 Letter of Credit/Bond Reduction Subdivision: Prestwick of Yorkville-Phase 1 Reduction No. 2 LOC/Bond LOC/Bond Approved Theoretical amt. Amount after Completed Work Reduction No.2 Amount to remain Item En-q. Est. for LOC/Bond Red.#1 Prior to Red.#2 amount after Red. No.2 Storm Sewer $703,496.30 $773,845.93 $757,505.93 $669,015.00 $635,564.25 $138,281.68 Watermain $687,085.00 $755,793.50 $202,502.10 $687,085.00 $652,730.75 $103,062.75 Roadways $1,009,270.86 $1,110,197.95 $1,110,197.95 $0.00 $0.00 $1,110,197.95 Onsite Sanitary Sewer $634,855.80 $698,341.38 $244,823.73 $533,347.00 $506,679.65 $191,661.73 Offsite Sanitary Sewer $339,597.50 $373,557.25 $373,557.25 $0.00 $0.00 $373,557.25 Misc. Improvements* $517,233.00 $568.956.30 $89,760.00 $0.00 $0.00 $568.956.30 Totals $3,891,538.46 $4,280,692.31 $2,778,346.96 $1,889,447.00 $1,794,974.65 $2,485,717.66 Notes: 1)LOC/Bond amt. to be 15% of subsantially completed items plus 110% of uncompleted items. 2)The LOC for this Unit has not been submitted yet.This Reduction#2 is a theoretical reduction to allow for a reduced LOC amount prior to recording the plat. 3)*Miscellaneous improvements consist of striping, signage, streetlights, and landscaping. Joe Wywrot From: Dave Schultz[dschultz @smithengineering.com] Sent: Monday, July 17, 2006 4:22 PM To: Joe Wywrot Cc: dknott.mallard @sbcglobal.net; George Keck Subject: Prestwick of Yorkville- Phase 1 - Letter of Credit with Reduction#2 Attachments: LOC-PRESTWICK-REDUCTION-#2-FINAL-P HAS E1-07-17-06.pdf; LOC-PRESTWICK- REDUCTION-#1-FINAL-PHASE1-07-14-06.pdf it t LOC-PRESfWICK-R LOC-PRESTWICK-R -DUCTION-#2-FIN..:DUCTION-#1-FIN.. Joe, Attached please find the letter of credit reduction #2 for Phase 1 of Prestwick. Please place us on the next available Public Works meeting agenda for August approval. Also please note, since there wasn't a public works meeting scheduled for the month of July please ignore the previous email that was sent on June 23rd that included a previous version of a letter of credit reduction #2. Also enclosed below is the email that I sent on Friday asking for approval on the final bond amount for phase 1, I don't know if you had a chance to look at it or not, please let me know. If you have any questions or require additional information please call or email, thank you. (See attached file: LOC-PRESTWICK-REDUCTION-#2-FINAL-PHASE1-07-17-06.pdf) David W. Schultz, P.E. Smith Engineering Consultants, Inc. 759 John Street, Yorkville 60560 Ph: (630) 553-7560 Fax: (630) 553-7646 ----- Forwarded by Dave Schultz/Goiis on 07/17/2006 03 :52 PM ----- Dave Schultz To: "Joe Wywrot" <jwywrot @yorkville.il.us> 07/14/2006 01:25 cc: dknott.mallard @sbcglobal.net, George Keck/Goiis@Goiis PM Subject: Prestwick of Yorkville - Phase 1 - Letter of Credit with Reduction #1 Joe, Attached please find the letter of credit for Phase 1 of Prestwick that incorporates the theoretical reduction #1 for Phase 1. Per your request we have added a landscaping item (Lump Sum) to the letter of Credit. We are asking for approval of this bond amount before the developers are able to post it. Also please note that the Developers would like the Route 126 Improvements (IDOT jurisdiction) to be handled under a separate permit and bond amount with the City. SEC calculated the Bond amount to be $3,257,543.25. 1 Yorkville Farms Development anticipate on recording the final plat the first week in August and have individual lot closing at the end of August. Due to timing, they understand that they have to post the bond that is enclosed and the amount shown (pending approval) . They would also like to follow up early next week (Monday afternoon) with a bond reduction for the improvements completed to date so that they can get on next month's public works committee to reduce the bond after it has been posted. If you have any questions or require additional information please call, thank you. (See attached file: LOC-PRESTWICK-REDUCTION-#1-FINAL-PHASE1-07-14-06.pdf) David W. Schultz, P.E. Smith Engineering Consultants, Inc. 759 John Street, Yorkville 60560 Ph: (630) 553-7560 Fax: (630) 553-7646 No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.1.394 / Virus Database: 268.10.1/389 - Release Date: 7/14/2006 2 doe W---k Fhb MIIIMSN KM PK4L-FCvf'iE 1) Am X11 A HAIL umtt&7 3 LOCATM UMMUMMINVUR Pug owa n4am LU MR M CNW 11IN ICTCM 111111-D/1TE41147d7 . CAw/T:eK �ID MIY=lm MIIMMMMMMpM COMLTAM M,W. am MY:OMIT !hn MMn1�IM RIr4i'AN M17IBy EOPC DAM-9017 AL P.C.C.SIDEWALK 5"WITH 2-AGG.SUBBASE 6'THRU DRIVE WITH 5'AGG.SUBBASE SO.FT. 1$ 2.951 89.257.516 2IL30A 0.0%1 0.00 263 309.80 COMBINATION CONCRETE CURB AND G R TYPE 12 FOOT 1$ 9.00 19109.4 171 0.0% 0.00 S 171 984.69 STImm AGGREGATE ASE COURSE MATERIAL CA-B 10'TYPE 8 OR APPROVED EQU SO.YD. $ 6.80 21 438.4 141 0.0% 0.00 $ 141 493.37 BITUMINOUS MATERIALS PRIME COAT MC-30 0 5 GAUSY GAL $ 0.40 5 359.6 14lA4 0.0% 0.00 2,143.84 BITUMINOUS CONCRETE BINDER COURSE CL 1 MIXTURE B 2.5' SO.YD. $ 4.95 21,;38* 1 0.096 0.00 S 106.120-03 BITUMINOUS CONCRETE SURFACE COURSE CL I SUPERPAVE MIX 1.5' SQ.YD. $ 3.80 21 436.4 Tf 17LU 0.0% 0.001s E 77,178.20 GGREGATE BASE COURSE CRUSHED STONE CA-6 TYPE B 3.5' UNDER CURB SO.YD. $ 2.50 4,496. 11 0.0%1 0.001s 11 240.59 COLLWTM IIQAWWAY 04 OM 411TA, TO AGGREGATE BASE COURSE MATERIAL CA-6 IT TYPE B OR APPROVED EQUAL SO.YD. $ 7.80 164.8 1 0.0% 0.00 1,285.65 BITUMINOUS MATERIALS PRIME COAT MC-30 025 GAL/SY GAL $ 0.40 41.2 1 0.076 0.00 E 16.48 BITUMINOUS CONCRETE BINDER COURSE CL 1 MIXTURE B 4.5" SQ.YD. $ 8.90 164.8 1 0.0% 0.00 $ 1,486.96 BITUMINOUS CONCRETE SURFACE COURSE CL I SUPERPAVE MIX 1.5" SO.YD. 3.80 164.8 0.0% 0.00 $ 593.38 AGGREGATE BASE COURSE CRUSHED STONE CA-8 TYPE B 7.5" DER CURB SO.YD. $ 5.40 32.0 6 17m 0.0% 0.00 $ 172.80 aI Mlorlo�MrAT a M�aAD Aw� AGGREGATE BASE COURSE MATERIAL CA-6 12'TYPE B OR APPROVED EQUAL SQ.YD. $ 7.80 10120.5 6 0.0% 0.00 $ $ 78 940.19 BITUMINOUS MATERIALS PRIME COAT MC-30 025 GAUSY GAL $ 0.40 2530.1 0 1 2 I 1 0.0% 0.00 $ $ 1,012.05 BITUMINOUS CONCRETE BIDER COURSE CL 1 MIXTURE B 4.5" SQ.YD. $ 8.90 10120.5 8 UAYM74 0.0% 0.00 $ 90,072-78 BITUMINOUS CONCRETE SURFACE COURSE CL I SUPERPAVE MIX 1.5" SQ.YD. $ 3.60 10120.5 $ 39,0M 0.0% 0.00 $ $ 36 433.93 AGGREGATE BASE COURSE CRUSHED STONE CA-6 TYPES 7.5' UNDER CURB SQ.YD. i 5.40 ----1,841.6 0.0% 0.00 $ $ 9 944.46 FINE GRADE ALL ROADWAY SQ.YD. 0.50 317238 111 0.0% 0.00 $ E 15,861-88 alil 1 C3A6'�/ aY©OIY1 A'�'�-FllllE 1) Ja IIQDIICTION i1 DATE�i LCCATIOG& U rW Cff V GF TOII1Ma PLM DiATE:054 N IL Is Lffrr=CF GI IMMUMI l II-DATE W4743 CALC!d:M F1lrA1�wy 111fN v l lrq CONNI<TAKM= CI K W.*DMIi cum e"11111010110111511" TOT TWAL STONE RIPRAP CLASS A3 SO.YD. 55.00 840 100.0% 35.M.00 RENCH BACKFILL CY i 22.00 652 100.0% $ 14333.00 $ STORM SEWERS CLASS A TYPE 2,12' FOOT 19.00 1027 100.0% ',._, 1' 19 513.00 STORMSEWERS,CLASS A TYPE 2,15" FOOT 21.00 563 11 100.0% 11 623.00 STORM SEWERS CLASS A TYPE 2 18" FOOT 25.00 127 1" 100.0% 3175.00 STORM SEWERS CLASS A TYPE 2,21" FOOT 28.00 318 100.0% 9 $ 8,w.00 STORM SEWERS CLASS A TYPE 2,24. FOOT 35.00 273 100.0% 9555.00 STORM SEWERS CLASS A TYPE 2,2r FOOT 40.00 256 100.0% 10 240.00 STORM SEWERS CLASS A TYPE 2 30" FOOT 45.00 164 7 100.0% E 7,380.00 STORM SEWERS CLASS A TYPE 2,36" FOOT S 55.00 86 9 4.73M 100.0% S 4,730.00 $ STORM SEWERS CLASS B TYPE 2,12- FOOT 18.00 4.4% 100.0% $ 80 910.00 STORM SEWERS CLASS B TYPE 2 15' FOOT 19.50 1 100.0% 1 b 25 038.00 i STORM SEWERS CLASS B TYPE 2 18" FOOT 22.00 946 s 100.0% $ 20 812.00 STORM SEWERS CLASS B TYPE 2,21" FOOT 25.00 1032 S MUSS 100.0% ! E 25 800.00 STORM SEWERS CLASS B TYPE 2,24' FOOT i 31.00 590 6 100.0% E 18 290.00 STORM SEWERS CLASS B TYPE 2,2r FOOT i 34.00 655 100.0% _ E 22 270.00 STORM SEWERS CLASS B TYPE 230' FOOT 37.00 616 7�1 100.0% Ei9ti S 22 792.00 STORM SEWERS CLASS B TYPE 236" FOOT i 52.00 841 100.0% 641x60 S 43732.00 STORM SEWERS,CLASS B TYPE 242" FOOT $ 58.00 518 f Aaw 100.01 E 29 928.00 PRECAST REINFORCED CONCRETE FLARED END SECTIONS 12" EACH $ 500.00 1 sun 100.0% 4 $ 500.00 PRECAST REINFORCED CONCRETE FLARED END SECTIONS 15" W/GRATE EACH E 600.00 1 4" 100.0% E 600.00 $ PRECAST REINFORCED CONCRETE FLARED END SECTIONS 21" W/GRATE EACH E 900.00 1 fW.N 100.0% 1:60 900.00 S PRECAST REINFORCED CONCRETE FLARED END SECTIONS 24'W/GRATE EACH $ I'000.00 2 Lam 100.0% $ 2 000.00 PRECAST REINFORCED CONCRETE FLARED END SECTIONS 30"W/GRATE EACH $ 1,250.00 1 1 100.0% ! $ 1,250.00 PRECAST REINFORCED CONCRETE FLARED END SECTIONS 36"W/GRATE EACH E 1,600.00 1 100.0% 1 1 o00.00 PRECAST REINFORCED CONCRETE FLARED END SECTIONS 42"W/GRATE EACH $ 2,000.00 100.0% 4,000.00 MANHOLES TYPE A 4'DIAMETER TYPE 1 FRAME CLOSED LID EACH 1,220.00 16 100.0% 4 E 19 520.00 E MANHOLES TYPE A 4'DIAMETER TYPE 1 FRAME TOG EACH $ 1,220.00 3 Tan 100.0% $ 42 700.00 MANHOLES TYPE A V DIAMETER TYPE 1 FRAME OPEN LID EACH $ 1,220.00 1 liam 100.0% 180 $ 1220.00 MANHOLES TYPE A V DIAMETER TYPE 1 FRAME CLOSED LID EACH $ 1,660.00 6 100.0% E 9,9D0.00 MANHOLES TYPE A 5'DIAMETER,TYPE 1 FRAME TOG EACH $ 1,650.00 16 100.0% 18 $ 26 400.00 $ MANHOLES TYPE A,6'DIAMETER TYPE 1 FRAME CLOSED LID EACH E 2,400.00 1 2~ 100.0% _?I:qo S 2,400.00 $ MANHOLES TYPE A 6'DIAMETER TYPE 1 FRAME TOG EACH E 21400.00 15 UAW 100.0% 1! E 36 000.00 INLET TYPE A 7 DIAMETER TOG EACH E 675.00 18 1 100.0% 100 E 10,800.00 INLET TYPE A 7 DIAMETER R-3015 EACH S 700.00 41 700 100.0% 41.00 $ 28 700.00 E INLET TYPE A,7 DIAMETER R-3285-OV EACH 700.00 Now 100.0% T.00 b 4900.00 $ CATCH BASIN,TYPE A 4'DIAMETER,R-3286 8V EACH $ 1,300.00 10 1 100.0% 14f.Gt $ 13 000.00 E _. CATCH BASIN TYPE A 4'DIAMETER R-3015 EACH E 113W.00 29 3770M 100.0% E 37 700.00 E CATCH BASIN TYPE A V DIAMETER R-3015 EACH i 1,500.00 7 S usma 100.0% 746 b 10 500.00 $ EMPORARY SILTATION FABRIC INSTALLATION BETWEEN INLET FRAME AND LID ROADWAY EACH 25.001 $ 1,200.00 TEMPORARY STRAW BALE SEDIMENT TRAP REAR YARDS EACH $ 120.00 82 0.0% 0.00E E 9.840.00. VIDEO PIPE FOOT E 1.70 13,789 : .>IB 0.0% 0.00 S $ 23,441.30 Ohl CC�E C?IIOVE�.7�RS _- fk*f ffm ff" < IIl 'IF TOTAL TOTAL Tdlflq/1 1 TRENCH BACKFILL CY 22.00 920 f Alan 100.0% E 20,240-00 FINCH INCH WATER MAIN FOOT 23.00 7,115 S Iftlan 100.0% 7 1111 E 163,645.00 E 16-INCH WATER MAIN FOOT $ 55.00 4,500 !A 100.0% 4,500. E 247 500.00 E FIRE HYDRANTS EACH b 2,250.00 411 S 100.0% 41.001$ 92 250.00 VALVE AND VALVE BOX EACH E 1,100.00 24 100.0%1 24.00 b 26,400.00 $ 16"VALVE AND VALVE BOX V DIA VAULT EACH 1 E 4 500.00 11 100.0%1 11.00 49 500.00 1"SINGLE FAMILY WATER SERVICE INCLUDING TRENCH BACKFILL LONG EACH S 1 100.00 58 100.0% 18 63 .00 E 1'SINGLE FAMILY WATER SERVICE INCLUDING TRENCH BACKFILL SHORT EACH E 475.00 50 7ly.�0 100.0% 5D: E 23750. JOB IMM Fi'JE nVK KC s090 VM=PC"-MW E% im 343 1111INWr w 01 DATE: NI 11 LOCATIM tNXI=CffVGFY0C=VU2 PLM DAM,054lii S1Nl LUTMOMIMI 1110{ICTDq CQ-DATE 8747+8 CALC BY.OK F1lFAREO sY som KISD� GoNMTAUM M CIK BY:OM1s Fra s�inlsl�Cls�IEf-0Oq lHlDy SIM DATE:0711M 0R C201110VS71f1's pffmm ow off w TOTAL ARY RENCH BACKFILL CY 22.00 4,270 81.5% ; 78 804.00 17 344.80 8" SANITARY SEWER PVC SDR-28 '-15'DEEP FOOT ; 26.50 7 902 100.0% 7.902. 209 403.00 10' SANITARY SEWER SDR-26 0'-15'DEEP FOOT ; 30.00 435 0.0% 0.00 13050.00 10" SANITARY SEWER SDR-21 15'-20'DEEP FOOT 30.00 1,429 520% !. 22 290.00 20.5W.00 10"SANITARY SEWER DR-18 C-900(>20"DEEP FOOT 1; 30.00 154 4~ 0.0% 0.00 $ ; 4,620.00 SANITARY MANHOLES 0'-15'DEEP EACH S 1,800.00 49 SLUM 87.8% 4SOD $ 77,400.W ; 10 800.00 SANITARY MANHOLES 15'-20'DEEP EACH S 2,500.00, 4 100.0% +f ; 10 000.00 ; SANITARY MANHOLES 15'-20'DEEP WITH OUTSIDE DROP EACH 4,000.00 2 50.0% 4 000.00 4,000.00 B'SINGLE FAMILY SANITARY SEWER SERVICE INCLUDING TRENCH BACKFILL LONG EACH $ 1,450.00 89 111 Mom 95.7% ; 95 700.00 ; 4,350.00 6'SINGLE FAMILY SANITARY SEWER SERVICE INCLUDING TRENCH BACKFILL SHORT EACH 550.00 87 S 47 79.3% $ 37950.00 $ 9900.00 VIDEO PIPE FOOT S 1.70 9 920 0.0%1 0.00 S Is 16864.00 OFFSRE i�110iVMfTs #%Yll'm off wy COST 1sk Man Tw TEAL TOTAL "GENERATOR ODsC711C�1s COMPONENTS EACH 5 180 000.00 1.0 0.0% 0.00 S S 160,000.00 OR AND PANEL BUILDING EACH 25,000.00 1.0 0.0% 0.00 ; 25 000.00 VE 12'WIDTH 2'OVERLAY WRH 8'AGGREGATE BASE SQ.YD. S 12.50 1805 0.0% 0.00 S 22 582.50 FOOT $ 23.00 5,045 1 0.0% 0.00 $ $ 116 035.00 IRIVACUUM RELIEF VALVE AND VAULT I EACH 1; 4,000.001 2 0.0%1 0.001$ 1; 8,000.00 BLOW-OFF DRAIN AND VAULT I EACH 1; 4,000.001 211 0.0%1 0.00 S Is 8,000.001 77 1 % TOTAL TWAL Axw OOSr IIIIINSIN STRIPING I L.SUM $ 5,000.00 1.0 0.0% 0.00 $ $ 5 000.00 STREET SIGNS L.SUM $ 3,000.00 1.0 SAINIAl 0.0% 0.00 $ $ 3 000.00 STREET LIGHTS EACH $ 2,300.00 32.0 0.0% 0.00 ; $ 73 600.00 LANDSCAPING IMPROVEMENTS L.SUM $ 435,633.00 1.0 MINA 1 0.0% 0.00 $ $ 435,633.00 TOM TOTAL COC311l1f: TOTAL COST : i,M1.s�-4� : 1 AN,"7A9 19%RETARM BUM17A9 OTAL COsT : 3,M1'nam 110%RETAMM $2=399A9 TOTJIL RETA9�1 ,71'Iri6 ' �IeIR!91I1'1aflliK�Mf �1��! '�r�1 sOND 1 LA.C. RIME TOTAL REDuCTm a N sOND/L.O.C.1 4 1NK-vFEa-41.9% IVA IIETAlIM POR oo AL"M NWAIL,fM OF U14CONFLETEO ff ; C/Ty Reviewed By: J2 0 Le al ❑ City Council 4 g EST 1636 Finance ( Engineer t City Administrator ❑ Agenda Item Tracking Number �O Consultant ❑ LE City City Council Agenda Item Summary Memo Title: Cannonball Estates Units 1 &2—Final Acceptance of Watermain, Sanitary Sewer, Roadwav, and Miscellaneous Improvements City Council/Committee of the Whole Date: August 15, 2006 Committee of the Whole Synopsis: Alan Norton has requested that the City accept all public infrastructure except storm sewer. There would be no letter of credit reductions. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Accept all public infrastructure except storm sewer for ownership and maintenance. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: United City of Yorkville Memo 800 Game Farm Road EST 1 1836 Yorkville, Illinois 60560 -4 Telephone: 630-553-8545 0� p Fax: 630-553-3436 LE Date: Date: August 8, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer f CC: Lisa Pickering, Deputy City Clerk John Wyeth, City Attorney Eric Dhuse, Director of Public Works Subject: Cannonball Estates (Units 1 &2)—Final Acceptance of Watermain, Sanitary Sewer, Roadway, and Miscellaneous Improvements Attached find an email request from Alan Norton, the developer of Cannonball Estates, for the city to accept all public infrastructure except storm sewer. There are some issues regarding storm sewers, as briefly described in Mr.Norton's email, which would keep us from accepting the storm sewers at this time. All punchlist items for the other public infrastructure have been completed. Also attached is an email from Boyd Ingemunson, the president of the HOA, stating that they are in support of the partial acceptance. There are two letters of credit in place for this development, with a current total of $307,485.76 in place. Mr.Norton has agreed to keep these letters of credit at their current amount to guarantee the accepted improvements during their one-year warranty period, and also to guarantee any repairs to the storm sewer system that may be needed. I recommend that all public infrastructure for Cannonball Estates Units 1 and 2, with the exception of storm sewer,be accepted for ownership and maintenance by the City. Please place this item on the August 15, 2006 Committee of the Whole agenda for consideration. Page 1 of 1 Joe Wywrot From: CuttnRope @aol.com Sent: Tuesday, August 08, 2006 8:43 AM To: jwywrot @yorkville.il.us Subject: Cannonall Estates Storm and Acceptance Hello Joe, As we spoke yesterday I am asking you to accept the public improvements at Cannonball Estates and leave the L.O.C. in place until the storm issues are resolved and accepted. I know that this is an unusual request but as you know I have been wanting to get started on the repairs for some time now and have been waiting since late May for a response to the video tapes. There are several areas that need obvious attention.The first area is on report number 78. This is seven feet up from ST94 towards ST93.This is located under the street on the corner of Meadow and Red Tail. The pipe is broke at the collar and dropped and dirt is visible outside the pipe. The second area is on report number 100. It is a short piece six inch PVC that has collapsed. it is located in the front yard of lot 26. The third repair is on report 105. It is a broken pipe forty-two feet up from ST50 to ST51. There is dirt and broken concrete visible inside the pipe. This is located in the pavement of Red Tail Court. There are areas of concern on reports number 5 and 62. Number 5 is between ST58 and ST57 and is located under Alice Ave. There are several areas of cracked or broken pipe in this section of storm.They appear to be stable and not misaligned or infiltrating. Your recommendation would be appreciated. On report number 62 between ST4 and ST5 there is a 6" hole that appears to be filled with concrete. It is located in the parkway of lot 82. My guess is that it was hit by a utility and a makeshift repair was made without notice to anyone. It appears stable and dry and not interfering with operation of the pipe.Again your input on how to proceed would be appreciated. I do not know if these problems are the result of poor installation or poor ground conditions.The folks at JoMar were not concerned about the cracking and replied that is typical of pipe of this age.They also stated that the concrete pipe will have cracks similar to anything else that is made of concrete. I am supposing that the difference may be that the tape was made four to five years after the pipe was installed and that it shows some age in contrast to pipe that is only a year or two old. Your response will be appreciated as I would like to complete these repairs as soon as possible. Sincerely, Alan Norton President Alan Dale Farms and Development No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.1.394/Virus Database: 268.10.7/411 -Release Date:8/7/2006 8/8/2006 Joe Wywrot From: Boyd Ingemunson [boydingemunson @hotmail.com] Sent: Tuesday, August 08, 2006 9:35 AM To: jwywrot @yorkville.il.us Subject: Kylyn's Crossing Joe, after having spoke with our vice-president regarding partial acceptance of the subdivison excluding storm water issues, the homeowners association has no further objection to the partial acceptance. We have not received any complaints regarding any infrastructure deficiencies from any homeowners. If you need anything else let me know. Boyd Ingemunson President No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.1.394 / Virus Database: 268.10.7/411 - Release Date: 8/7/2006 1 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 11:51:56 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ ACCURINT ACCURINT - ACCOUNT #1249304 124930420060731 07/31/06 01 POLICE-MONTHLY REPORTS 01-210-65-00-5804 08/22/06 17.95 OPERATING SUPPLIES INVOICE TOTAL: 17.95 VENDOR TOTAL: 17.95 ACTIONGR ACTION GRAPHIX LTD 863 07/19/06 01 WATER OP-20 BANNERS 51-000-65-00-5808 00203300 08/22/06 1,000.00 POSTAGE & SHIPPING INVOICE TOTAL: 1,000.00 VENDOR TOTAL: 1,000.00 ALLSEASO ALL SEASON TREE WORKS 070606 07/06/06 01 STREETS-TREE REMOVAL 01-410-75-00-7102 00203406 08/22/06 187.50 TREE & STUMP REMOVAL INVOICE TOTAL: 187.50 VENDOR TOTAL: 187.50 ALTEC ALTEC INDUSTRIES, INC. 8048901 08/07/06 01 PW CAPITAL-2006 LIFT TRUCK 21-000-75-00-7005 00203247 08/22/06 69,270.00 VEHICLES INVOICE TOTAL: 69,270.00 VENDOR TOTAL: 69,270.00 AMSTER AMSTERDAM PRINTING & LITHO 9660255 07/20/06 01 SEWER OP-1,000 PURCHASE ORDERS 52-000-65-00-5802 08/22/06 400.92 OFFICE SUPPLIES INVOICE TOTAL: 400.92 VENDOR TOTAL: 400.92 ARROLAB ARRO LABORATORY, INC. P1 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 11:51:56 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ ARROLAB ARRO LABORATORY, INC. 36017 07/21/06 01 WATER OP-SAMPLES 51-000-65-00-5822 00203302 08/22/06 230.00 WATER SAMPLES INVOICE TOTAL: 230.00 VENDOR TOTAL: 230.00 ASOCTECH ASSOCIATED TECHNICAL SERVICES 16228 07/17/06 01 WATER OP-PINPOINT LEAK 51-000-62-00-5401 00203305 08/22/06 620.00 CONTRACUAL SERVICES INVOICE TOTAL: 620.00 VENDOR TOTAL: 620.00 AURBLA AURORA BLACKTOP 072406-EEI 07/24/06 01 STREETS-#8 BRISTOL RIDGE RD 01-410-75-00-7099 08/22/06 33,821.65 GRANDE RESERVE PERIMETER R 02 RECONSTRUCTION ** COMMENT ** INVOICE TOTAL: 33,821.65 VENDOR TOTAL: 33,821.65 BATTERYS BATTERY SERVICE CORPORATION 154709 07/19/06 01 WATER OP-EQUIPMENT 51-000-62-00-5408 08/22/06 41.90 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 41.90 155044 07/28/06 01 STREETS-EQUIPMENT 01-410-62-00-5408 08/22/06 62.95 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 62.95 VENDOR TOTAL: 104.85 BKFD BRISTOL KENDALL FIRE DEPART. 050106-073106DE 07/31/06 01 TRUST/AGENCY-DEVELOPMENT FEES 95-000-78-00-9010 08/22/06 47, 650.00 BKFD DEV FEE PAYMENTS INVOICE TOTAL: 47,650.00 VENDOR TOTAL: 47,650.00 P2 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 11:51:56 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ BNY THE BANK OF NEW YORK TRUST 073106SSA03100 07/31/06 01 ADMIN-SSA DISTRIBUTION FOR 01-000-10-00-1000 08/22/06 175,642.54 CASH IN BANK-CONSOLIDATED 02 RAINTREE VILLAGE TO TRUSTEE ** COMMENT ** INVOICE TOTAL: 175,642.54 VENDOR TOTAL: 175,642.54 CALVG CALVERT, GLENN 080706 08/07/06 01 POLICE-GAS REIMBURSEMENT 01-210-65-00-5812 08/22/06 37.44 GASOLINE INVOICE TOTAL: 37.44 VENDOR TOTAL: 37.44 CDWG CDW GOVERNMENT INC. ZS70650 06/07/06 01 ADMIN-COMPUTER 01-110-75-00-7002 08/22/06 751.99 COMPUTER EQUIP & SOFTWARE INVOICE TOTAL: 751.99 VENDOR TOTAL: 751.99 CENTRALL CENTRAL LIMESTONE COMPANY, INC 5119 07/31/06 01 STREETS-GRAVEL 01-410-65-00-5817 00203403 08/22/06 423.10 GRAVEL INVOICE TOTAL: 423.10 VENDOR TOTAL: 423.10 CINTAS CINTAS FIRST AID & SAFETY 0343362071 08/02/06 01 ADMIN-REFILL MEDICINE CABINET 01-110-65-00-5804 08/22/06 49.85 OPERATING SUPPLIES INVOICE TOTAL: 49.85 0343362073 08/02/06 01 SEWER OP-REFILL MED CABINET 52-000-65-00-5805 08/22/06 70.35 SHOP SUPPLIES INVOICE TOTAL: 70.35 VENDOR TOTAL: 120.20 P3 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 11:51:56 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ CIVIL CIVIL & ENVIRONMENTAL 24266 07/28/06 01 PLAN/DEV-CONSULTING SERVICES 01-220-62-00-5401 08/22/06 6,172.09 CONTRACTUAL SERVICES INVOICE TOTAL: 6,172.09 VENDOR TOTAL: 6,172.09 CNASURET CNA SURETY 072106 07/21/06 01 ADMIN-NOTARY FOR CITY CLERK 01-110-65-00-5804 08/22/06 30.00 OPERATING SUPPLIES INVOICE TOTAL: 30.00 VENDOR TOTAL: 30.00 COMED COMMONWEALTH EDISON 0662076002-0706 07/28/06 01 STREETS-CITY LIGHTS 01-410-62-00-5435 08/22/06 1,880.40 ELECTRICITY INVOICE TOTAL: 1,880.40 1438043050-0806 08/04/06 01 SEWER OP-LIFT STATIONS 52-000-62-00-5435 08/22/06 10,767.26 ELECTRICITY INVOICE TOTAL: 10,767.26 2019099044-0806 08/04/06 01 WATER OP-WELLS 51-000-62-00-5435 08/22/06 5,356.02 ELECTRICITY INVOICE TOTAL: 5,356.02 2425145000-0706 07/28/06 01 SEWER OP-BRUELL PUMP STATION 52-000-62-00-5435 08/22/06 245.88 ELECTRICITY INVOICE TOTAL: 245.88 4438001000-0706 07/21/06 01 STREETS-LIGHTS 01-410-62-00-5435 08/22/06 2,048.43 ELECTRICITY INVOICE TOTAL: 2,048.43 6819027011-0806 08/03/06 01 STREETS-PR BUILDINGS 01-410-62-00-5435 08/22/06 675.49 ELECTRICITY INVOICE TOTAL: 675.49 VENDOR TOTAL: 20,973.48 P4 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 11:51:56 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ COYCLERK CITY OF YORKVILLE 080706 08/07/06 01 ADMIN-REPLINISH CLERK'S ACCT. 01-110-61-00-5300 08/22/06 611.00 LEGAL SERVICES INVOICE TOTAL: 611.00 VENDOR TOTAL: 611.00 COYLIBRA YORKVILLE PUBLIC LIBRARY 062906-RETAX 07/27/06 01 ADMIN-JUNE REAL ESTATE TAXES 01-000-40-00-4000 08/22/06 72,055.64 REAL ESTATE TAXES INVOICE TOTAL: 72,055.64 063006-PPRT 07/29/06 01 ADMIN-JUNE PPRT TAX 01-000-40-00-4010 08/22/06 713.32 PERSONAL PROPERTY TAX INVOICE TOTAL: 713.32 073106-RETAX 07/31/06 01 ADMIN-REAL ESTATE TAXES 01-000-40-00-4000 08/22/06 144,409.32 REAL ESTATE TAXES INVOICE TOTAL: 144,409.32 080106-TRANSFER 07/29/06 01 ADMIN-AUG. SS & IMRF TAX LEVY 01-110-99-00-9923 08/22/06 2,937.50 TRANSFER TO LIBRARY INVOICE TOTAL: 2,937.50 VENDOR TOTAL: 220,115.78 COYPDPET YORKVILLE POLICE DEPARTMENT 080706 08/07/06 01 POLICE-TRAVEL EXPENSES 01-210-64-00-5605 08/22/06 119.60 TRAVEL EXPENSES 02 POLICE-VEHICLE REGISTRATION, 01-210-65-00-5604 256.71 OPERATING SUPPLIES 03 BACKGROUND CHECKS ** COMMENT ** INVOICE TOTAL: 376.31 VENDOR TOTAL: 376.31 DBCOMMUN DB COMMUNICATIONS P5 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 11:51:56 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ DBCOMMUN DB COMMUNICATIONS 080406 08/04/06 01 MUNICIPAL BLDG-PHONE SYSTEM 16-000-75-00-7203 00203287 08/22/06 4,990.00 BLDG IMPROVEMENTS-PUBLIC W INVOICE TOTAL: 4,990.00 VENDOR TOTAL: 4, 990.00 DENVIS DENTAL VISION REIMBURSEMENT 072106 07/21/06 01 ADMIN-VISION ASSISTANCE 01-110-50-00-5205 08/22/06 210.11 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 210.11 VENDOR TOTAL: 210.11 DEPO DEPO COURT REPORTING SVC, INC 12493 06/01/06 01 ARO-HUDSON LAKES 01-000-13-00-1372 08/22/06 348.60 A/R - OTHER INVOICE TOTAL: 348.60 12494 06/01/06 01 ARO-BELINDA LIES, KENDALL 01-000-13-00-1372 08/22/06 310.10 A/R - OTHER 02 CREEK, TANGLEWOOD, CORNEILS, ** COMMENT ** 03 CALABRESE ** COMMENT ** INVOICE TOTAL: 310.10 12495 06/01/06 01 ARO-TANGLEWOOD 01-000-13-00-1372 08/22/06 240.80 A/R - OTHER INVOICE TOTAL: 240.80 12510 06/06/06 01 ARO-WOODLANDS 01-000-13-00-1372 08/22/06 265.70 A/R - OTHER INVOICE TOTAL: 265.70 12554 07/26/06 01 ARO-KLEINWACHTER, MPI SOUTH 01-000-13-00-1372 08/22/06 423.55 A/R - OTHER INVOICE TOTAL: 423.55 P6 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 11:51:56 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ DEPO DEPO COURT REPORTING SVC, INC 12555 07/26/06 01 ARO-WOODSTONE 01-000-13-00-1372 08/22/06 304.20 A/R - OTHER INVOICE TOTAL: 304.20 12556 07/26/06 01 ARO-PULTE, NEW LIFE CHURCH 01-000-13-00-1372 08/22/06 585.60 A/R - OTHER INVOICE TOTAL: 585.60 12568 07/26/06 01 ARO-MPI SOUTH, OCEAN ATLANTIC 01-000-13-00-1372 08/22/06 820.45 A/R - OTHER INVOICE TOTAL: 820.45 VENDOR TOTAL: 3,299.00 DOMESTIC DOMESTIC UNIFORM RENTAL 073106 07/31/06 01 STREETS-JULY UNIFORMS 01-410-62-00-5421 00203273 08/22/06 275.99 WEARING APPAREL 02 WATER OP-JULY UNIFORMS 51-000-62-00-5421 275.99 WEARING APPAREL 03 SEWER OP-JULY UNIFORMS 52-000-62-00-5421 276.00 WEARING APPAREL INVOICE TOTAL: 827.98 VENDOR TOTAL: 827.98 DREYER DREYER MEDICAL CLINIC 062406 06/24/06 01 POLICE-TESTING 01-210-62-00-5430 00303541 08/22/06 342.00 HEALTH SERVICES INVOICE TOTAL: 342.00 072206 07/22/06 01 POLICE-EXAMS FOR 2 EMPLOYEES 01-210-62-00-5430 00303565 08/22/06 684.00 HEALTH SERVICES INVOICE TOTAL: 684.00 VENDOR TOTAL: 1,026.00 P7 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 11:51:56 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ DRYDON DRYDON EQUIPMENT, INC. 30706 07/19/06 01 WATER OP-2 PUMP INSERTS 51-000-62-00-5407 00203306 08/22/06 324.40 TREATMENT FACILITIES O&M INVOICE TOTAL: 324.40 VENDOR TOTAL: 324.40 DUPDIRT DU PAGE DIRT WORKS 9835 06/16/06 01 STREETS-DIRT 01-410-65-00-5804 00203355 08/22/06 450.00 OPERATING SUPPLIES INVOICE TOTAL: 450.00 VENDOR TOTAL: 450.00 DUTEK DU-TEK, INC. 2924 07/20/06 01 STREETS-HOSE 01-410-62-00-5408 08/22/06 55.00 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 55.00 VENDOR TOTAL: 55.00 EEI ENGINEERING ENTERPRISES, INC. 36514A 06/30/06 01 STREETS-PERIMETER ROADYWAY 01-410-75-00-7099 08/22/06 1,042.50 GRANDE RESERVE PERIMETER R 02 RECONSTRUCTION ** COMMENT ** INVOICE TOTAL: 1,042.50 36520A 06/30/06 01 WATER IMPROV-B.3 WELLS #3 & #4 41-000-61-00-5401 08/22/06 9,576.07 ENGINEERING-RADIUM CONT B2 02 RAW WM AND KING ST. WM ** COMMENT ** INVOICE TOTAL: 9,576.07 36794 07/31/06 01 WATER IMPROV-FEDERAL GRANT 41-000-61-00-5410 08/22/06 1,560.32 ENGINEERING-CENTRAL ZONE C 02 APPLICATION ** COMMENT ** INVOICE TOTAL: 1,560.32 P8 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 11:51:56 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ EEI ENGINEERING ENTERPRISES, INC. 36795 07/31/06 01 WATER IMPROV-B.3 WELLS 3 6 4 41-000-61-00-5401 08/22/06 5,051.25 ENGINEERING-RADIUM CONT B2 02 RAW WM & KING ST. WM ** COMMENT ** INVOICE TOTAL: 5,051.25 36796 07/31/06 01 ARO-WESTBURY VILLAGE 01-000-13-00-1372 08/22/06 2, 634.00 A/R - OTHER INVOICE TOTAL: 2,634.00 36797 07/31/06 01 ARO-WESTHAVEN 01-000-13-00-1372 08/22/06 2, 188.50 A/R - OTHER INVOICE TOTAL: 2,188.50 36798 07/31/06 01 WATER IMPROV-B.1 WELLS 3 & 4 41-000-61-00-5401 08/22/06 13, 600.41 ENGINEERING-RADIUM CONT B2 02 TREATMENT FACILITY ** COMMENT ** INVOICE TOTAL: 13,600.41 36799 07/31/06 01 WATER IMPROV-B.2 STATE ST. 41-000-61-00-5401 08/22/06 7,147.25 ENGINEERING-RADIUM CONT B2 02 FINISHED WATERMAIN ** COMMENT ** INVOICE TOTAL: 7,147.25 36800 07/31/06 01 WATER IMPROV-D.1 SCADA SYSTEM 41-000-75-00-7509 08/22/06 9,545.62 SCADA SYSTEM INVOICE TOTAL: 9,545.62 36801 07/31/06 01 ARO-E.5 GALENA RD. FINISHED WM 01-000-13-00-1372 08/22/06 7,309.86 A/R - OTHER INVOICE TOTAL: 7,309.86 36802 07/31/06 01 ARO-E.6 ROUTE 34 FINISHED WM 01-000-13-00-1372 08/22/06 2,287.37 A/R - OTHER INVOICE TOTAL: 2,287.37 P9 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 11:51:56 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ EEI ENGINEERING ENTERPRISES, INC. 36803 07/31/06 01 ARO-BRISTOL BAY 01-000-13-00-1372 08/22/06 3,373.50 A/R - OTHER INVOICE TOTAL: 3,373.50 36804 07/31/06 01 ARO-EVERGREEN FARM ESTATES 01-000-13-00-1372 08/22/06 4,730.68 A/R - OTHER INVOICE TOTAL: 4,730.68 36805 07/31/06 01 ARO-WESTBURY SOUTH 01-000-13-00-1372 08/22/06 2,475.00 A/R - OTHER INVOICE TOTAL: 2,475.00 36806 07/31/06 01 ENG-RAYMOND STORM SEWER 01-150-62-00-5401 08/22/06 2,198.00 CONTRACTUAL SERVICES 02 OUTFALL ** COMMENT ** INVOICE TOTAL: 2,198.00 36807 07/31/06 01 ARO-COBBLESTONE COMMONS 01-000-13-00-1372 08/22/06 2,474.25 A/R - OTHER INVOICE TOTAL: 2,474.25 36808 07/31/06 01 ENG-IEPA PWS LOAN PROGRAM 01-150-62-00-5401 08/22/06 885.00 CONTRACTUAL SERVICES INVOICE TOTAL: 885.00 36809 07/31/06 01 ARO-GRANDE RESERVE 01-000-13-00-1372 08/22/06 1,093.50 A/R - OTHER INVOICE TOTAL: 1,093.50 36810 07/31/06 01 ARO-BAILEY MEADOWS 01-000-13-00-1372 08/22/06 165.00 A/R - OTHER INVOICE TOTAL: 165.00 36811 07/31/06 01 WATER OP-SHALLOW WELL SITING 51-000-62-00-5407 08/22/06 523.50 TREATMENT FACILITIES O&M P1O DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 11:51:56 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ EEI ENGINEERING ENTERPRISES, INC. 36811 07/31/06 02 ANALYSIS ** COMMENT ** 08/22/06 INVOICE TOTAL: 523.50 36812 07/31/06 01 STREETS-GRANDE RESERVE 01-410-75-00-7099 08/22/06 307.81 GRANDE RESERVE PERIMETER R 02 PERIMETER ROADYWAY RECONST. ** COMMENT ** INVOICE TOTAL: 307.81 36813 07/31/06 01 ENG-RAYMOND DRAINAGE 01-150-62-00-5401 08/22/06 1,313.00 CONTRACTUAL SERVICES 02 DETENTION ANALYSIS ** COMMENT ** INVOICE TOTAL: 1,313.00 36814 07/31/06 01 ARO-MONTALBANO HOMES 01-000-13-00-1372 08/22/06 3,164.25 A/R - OTHER INVOICE TOTAL: 3,164.25 36815 07/31/06 01 ARO-PRESTWICK, STEWART FARMS 01-000-13-00-1372 08/22/06 528.00 A/R - OTHER INVOICE TOTAL: 528.00 36816 07/31/06 01 ARO-BAUMANN PROPERTY 01-000-13-00-1372 08/22/06 384.00 A/R - OTHER INVOICE TOTAL: 384.00 36817 07/31/06 01 ARO-YORKWOOD ESTATES, ANDERSON 01-000-13-00-1372 08/22/06 2,239.50 A/R - OTHER INVOICE TOTAL: 2,239.50 36818 07/31/06 01 ARO-CHALLY PROPERTY 01-000-13-00-1372 08/22/06 3,135.00 A/R - OTHER INVOICE TOTAL: 3, 135.00 36819 07/31/06 01 ARO-ROUTE 34 & COUNTRYSIDE 01-000-13-00-1372 08/22/06 3,241.50 A/R - OTHER INVOICE TOTAL: 3,241.50 P11 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 11:51:56 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ---.--------------------------------------------------------------------------------------------------------------------------------- EEI ENGINEERING ENTERPRISES, INC. 36820 07/31/06 01 ARO-BLACKBERRY WOODS 01-000-13-00-1372 08/22/06 402.00 A/R - OTHER INVOICE TOTAL: 402.00 36821 07/31/06 01 ARO-ASPEN RIDGE ESTATES 01-000-13-00-1372 08/22/06 13,951.25 A/R - OTHER INVOICE TOTAL: 13,951.25 36822 07/31/06 01 ARO-MEADOWBROOK HOMES 01-000-13-00-1372 08/22/06 3,393.00 A/R - OTHER INVOICE TOTAL: 3,393.00 36823 07/31/06 01 ARO-MPI SOUTH 01-000-13-00-1372 08/22/06 3,568.50 A/R - OTHER INVOICE TOTAL: 3,568.50 36824 07/31/06 01 ARO-SILVER FOX SUBDIVISION 01-000-13-00-1372 08/22/06 2,575.00 A/R - OTHER INVOICE TOTAL: 2,575.00 36825 07/31/06 01 ARO-KLEINWACHTER ROUTE 47 01-000-13-00-1372 08/22/06 693.00 A/R - OTHER INVOICE TOTAL: 693.00 36826 07/31/06 01 ARO-VILLAS AT THE PRESERVE 01-000-13-00-1372 08/22/06 5,312.59 A/R - OTHER INVOICE TOTAL: 5,312.59 36827 07/31/06 01 ARO-O'KEEFE PROPERTY 01-000-13-00-1372 08/22/06 2,439.00 A/R - OTHER INVOICE TOTAL: 2,439.00 36828 07/31/06 01 ARO-HEARTLAND CROSSING 01-000-13-00-1372 08/22/06 5,741.25 A/R - OTHER INVOICE TOTAL: 5,741.25 P12 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 11:51:56 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ EEI ENGINEERING ENTERPRISES, INC. 36830 07/31/06 01 ARO-HUDSON LAKES 01-000-13-00-1372 08/22/06 3,580.50 A/R - OTHER INVOICE TOTAL: 3,580.50 36831 07/31/06 01 ARO-BRISTOL RIDGE, CANNONBALL 01-000-13-00-1372 08/22/06 3,518.25 A/R - OTHER 02 TRAIL ** COMMENT ** INVOICE TOTAL: 3,518.25 36832 07/31/06 01 ARO-COOPER PROPERTY 01-000-13-00-1372 08/22/06 5,241.00 A/R - OTHER INVOICE TOTAL: 5,241.00 36833 07/31/06 01 ARO-ROUTE 47 & FOX RD IDS 01-000-13-00-1372 08/22/06 3,362.71 A/R - OTHER INVOICE TOTAL: 3,362.71 36834 07/31/06 01 ARO-47 CORNEILS LLC 01-000-13-00-1372 08/22/06 396.00 A/R - OTHER INVOICE TOTAL: 396.00 36835 07/31/06 01 ARO-WESTBURY WEST VILLAGE 01-000-13-00-1372 08/22/06 1,221.00 A/R - OTHER INVOICE TOTAL: 1,221.00 36836 07/31/06 01 ARO-WESTBURY NORTH VILLAGE 01-000-13-00-1372 08/22/06 825.00 A/R - OTHER INVOICE TOTAL: 825.00 36837 07/31/06 01 ARO-WESTBURY MIDDLE VILLAGE 01-000-13-00-1372 08/22/06 907.50 A/R - OTHER INVOICE TOTAL: 907.50 36839 07/31/06 01 ENG-SW FOX MORRAINE WASTE 01-150-62-00-5401 08/22/06 987.00 CONTRACTUAL SERVICES P13 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 11:51:56 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ EEI ENGINEERING ENTERPRISES, INC. 36839 07/31/06 02 FACILITY ** COMMENT ** 08/22/06 INVOICE TOTAL: 987.00 36840 07/31/06 01 ARO-PRAIRIE POINTE 01-000-13-00-1372 08/22/06 831.00 A/R - OTHER INVOICE TOTAL: 831.00 36841 07/31/06 01 ARO-GRANDE RESERVE 01-000-13-00-1372 08/22/06 4,917.00 A/R - OTHER INVOICE TOTAL: 4,917.00 36842 07/31/06 01 ARO-SIX PILLARS, HALLMARK 01-000-13-00-1372 08/22/06 2,584.50 A/R - OTHER INVOICE TOTAL: 2,584.50 VENDOR TOTAL: 160,621.69 ENGLISH ENGLISH & SONS LANDSCAPING INC M64200-07 08/01/06 01 STREETS-FOX HILL SSA MOWING 01-410-75-00-7104 00203407 08/22/06 636.00 FOX HILL SSA EXPENSES INVOICE TOTAL: 636.00 VENDOR TOTAL: 636.00 FARREN FARREN HEATING & COOLING 4802 06/12/06 01 MUNICIPAL BLDG-AC REPAIRS 16-000-75-00-7200 00403012 08/22/06 1,211.36 BLDG IMPROV- BEEHCER/RIVFR INVOICE TOTAL: 1,211.36 4887 07/26/06 01 MUNICIPAL BLDG-AC REPAIRS 16-000-75-00-7204 08/22/06 484.00 BLDG MAINT - CITY HALL INVOICE TOTAL: 484 .00 VENDOR TOTAL: 1,695.36 FEDEX FEDEX P14 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 11:51:56 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ FEDEX FEDEX 1-138-90103 07/26/06 01 ADMIN-PACKAGE SHIPPED 01-110-65-00-5808 08/22/06 20.76 POSTAGE & SHIPPING INVOICE TOTAL: 20.76 VENDOR TOTAL: 20.76 FIRST FIRST PLACE RENTAL 141187 07/19/06 01 WATER OP-LOCATING PAINT & 51-000-65-00-5804 08/22/06 366.86 OPERATING SUPPLIES 02 STAKES ** COMMENT ** INVOICE TOTAL: 366.86 141256 07/20/06 01 STREETS-HAMMER RENTAL 01-410-62-00-5434 08/22/06 68.20 RENTAL-EQUIPMENT INVOICE TOTAL: 68.20 141507 07/25/06 01 STREETS-SAW, BLADE, TRAILER 01-410-62-00-5434 08/22/06 130.90 RENTAL-EQUIPMENT INVOICE TOTAL: 130.90 VENDOR TOTAL: 565.96 GJOVIK GJOVIK 214873 08/07/06 01 POLICE-AC REPAIRS 01-210-62-00-5409 08/22/06 143.73 MAINTENANCE - VEHICLES INVOICE TOTAL: 143.73 VENDOR TOTAL: 143.73 GRAFA GRAFF, ANTON 080306 08/03/06 01 POLICE-5X7 PORTRAIT 01-210-65-00-5804 08/22/06 49.38 OPERATING SUPPLIES INVOICE TOTAL: 49.38 VENDOR TOTAL: 49.38 P15 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 11:51:56 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ GRTAMLES GREATAMERICA LEASING CORP. 5628632 07/24/06 01 WATER OP-AUG. GESTETNER LEASE 51-000-65-00-5809 08/22/06 140.00 PRINTING & COPYING INVOICE TOTAL: 140.00 VENDOR TOTAL: 140.00 HAPPY HAPPY HOUNDS 8050010 07/21/06 01 POLICE-DOG FOOD 01-210-65-00-5804 08/22/06 73.90 OPERATING SUPPLIES INVOICE TOTAL: 73.90 VENDOR TOTAL: 73.90 HARTR HART, RICHARD 063006 06/30/06 01 POLICE-TUITION REIMBURSEMENT 01-210-64-00-5608 00303542 08/22/06 1,570.00 TUITION REIMBURSEMENT INVOICE TOTAL: 1,570.00 VENDOR TOTAL: 1,570.00 HEATHR HEATH, RICHARD 062606 06/26/06 01 POLICE-PHONE WORK 01-210-65-00-5804 08/22/06 77.13 OPERATING SUPPLIES INVOICE TOTAL: 77.13 VENDOR TOTAL: 77.13 ICCI INTERNATIONAL CODES 20060801 08/02/06 01 ADMIN-JULY PERMITS 01-110-61-00-5314 08/22/06 67,843.80 BUILDING INSPECTIONS INVOICE TOTAL: 67,843.80 VENDOR TOTAL: 67,843.80 ILLEPA ILLINOIS ENVIRONMENTAL P16 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 11:51:56 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ ILLEPA ILLINOIS ENVIRONMENTAL 072806 07/28/06 01 DEBT SVC-IEPA SSES LOAN 42-000-66-00-6055 08/22/06 53,525.35 LOAN PAYMENT-SSES IEPA L17 INVOICE TOTAL: 53,525.35 VENDOR TOTAL: 53,525.35 INTOUCH INTOUCH WIRELESS OF YORKVILLE 10175 08/02/06 01 ENG-BATTERY 01-150-62-00-5438 08/22/06 59.99 CELLULAR TELEPHONE INVOICE TOTAL: 59.99 VENDOR TOTAL: 59.99 JIMSTRCK JIM'S TRUCK INSPECTION 7013 07/31/06 01 STREET-2 TRUCK INSPECTIONS 01-410-61-00-5314 08/22/06 40.00 INSPECTIONS & LICENSES INVOICE TOTAL: 40.00 VENDOR TOTAL: 40.00 JOLIETSU JOLIET SUSPENSION, INC 68127 07/31/06 01 PD CAPITAL-REAR AIR BAG 20-000-75-00-7006 00303566 08/22/06 201.60 CAR BUILD OUT INVOICE TOTAL: 201.60 VENDOR TOTAL: 201.60 JSHOES J'S SHOE REPAIR 3896-12 07/31/06 01 STREETS-3 PAIRS OF BOOTS 01-410-62-00-5421 00203288 08/22/06 487.00 WEARING APPAREL INVOICE TOTAL: 487.00 VENDOR TOTAL: 487.00 KCFENCE KENDALL COUNTY FENCE P17 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 11:51:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ KCFENCE KENDALL COUNTY FENCE 01465 07/27/06 01 MUNICIPAL BLDG-FENCING OLD 16-000-75-00-7210 00203404 08/22/06 1,465.00 BLDG IMPROV-POST OFFICE 02 POST OFFICE ** COMMENT ** INVOICE TOTAL: 1,465.00 VENDOR TOTAL: 1,465.00 KCHHS KENDALL COUNTY HEALTH 080206 08/02/06 01 SEWER OP-MANDATORY TESTING 52-000-75-00-7004 08/22/06 140.00 SAFETY EQUIPMENT INVOICE TOTAL: 140.00 VENDOR TOTAL: 140.00 KCREC KENDALL COUNTY RECORD 81A 07/31/06 01 ARO-WESTBURY, KENDALL MARKET 01-000-13-00-1372 08/22/06 751.20 A/R - OTHER 02 POLICE-PATROL OFC., RULES 01-210-65-00-5810 133.80 PUBLISHING & ADVERTISING 03 ADMIN-ASPHALT BIDS, SCHRAMM 01-110-65-00-5810 170.00 PUBLISHING & ADVERTISING 04 WATER OP-WATER REPORTS 51-000-65-00-5810 592.50 PUBLISHING & ADVERTISING INVOICE TOTAL: 1,647.50 VENDOR TOTAL: 1, 647.50 KENPRINT KENDALL PRINTING 14507 07/25/06 01 POLICE-8,500 BUSINESS CARDS 01-210-65-00-5809 00303567 08/22/06 405.00 PRINTING & COPYING INVOICE TOTAL: 405.00 14519 07/28/06 01 ADMIN-500 BUSINESS CARDS 01-110-65-00-5809 08/22/06 27.00 PRINTING & COPYING INVOICE TOTAL: 27.00 P18 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 11:51:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ KENPRINT KENDALL PRINTING 14538 08/08/06 01 ADMIN-500 BUSINESS CARDS 01-110-65-00-5804 08/22/06 27.00 OPERATING SUPPLIES INVOICE TOTAL: 27.00 VENDOR TOTAL: 459.00 KOPYKAT KOPY KAT COPIER 17486 07/28/06 01 ADMIN-MAY-JULY COPY CHARGES 01-110-65-00-5809 08/22/06 1,968.55 PRINTING & COPYING INVOICE TOTAL: 1,968.55 17487 07/28/06 01 ADMIN-MAY-JULY COPY CHARGES 01-110-65-00-5809 08/22/06 1,817.89 PRINTING & COPYING INVOICE TOTAL: 1,817.89 17489 07/28/06 01 POLICE-MAY-JULY COPY CHARGES 01-210-65-00-5809 08/22/06 40.21 PRINTING & COPYING INVOICE TOTAL: 40.21 17491 07/28/06 01 POLICE-MAY-JULY COPY CHARGES 01-210-65-00-5809 08/22/06 408.47 PRINTING & COPYING INVOICE TOTAL: 408.47 17492 07/28/06 01 WATER OP-MAY-JULY COPY CHARGES 51-000-65-00-5809 08/22/06 35.48 PRINTING & COPYING INVOICE TOTAL: 35.48 17493 07/28/06 01 ENG-MAY-JULY COPY CHARGES 01-150-65-00-5809 08/22/06 550.60 PRINTING & COPYING INVOICE TOTAL: 550.60 17532 07/31/06 01 ENG-3 FAX CARTRIDGES 01-150-65-00-5802 08/22/06 271.60 OFFICE SUPPLIES INVOICE TOTAL: 271.60 VENDOR TOTAL: 5,092.80 P19 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 20 TIME: 11:51:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT# P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ LASALLE LASALLE BANK N.A. 073106SSA03101 07/31/06 01 ADMIN-SSA DISTRIBUTION FOR 01-000-10-00-1000 08/22/06 213,991.50 CASH IN BANK-CONSOLIDATED 02 WINDETT RIDGE TO TRUSTEE ** COMMENT ** INVOICE TOTAL: 213,991.50 VENDOR TOTAL: 213,991.50 LEYASSOC LEY & ASSOCIATES, INC. 5232A 06/08/05 01 SEWER IMPROV-PUMPS FOR 37-000-75-00-7503 08/22/06 14,949.40 COUNTRYSIDE INTERCEPTOR 02 COUNTRYSIDE PUMP STATION ** COMMENT ** INVOICE TOTAL: 14,949.40 VENDOR TOTAL: 14,949.40 LOGOMAX LOGOMAX 2006-69 06/21/06 01 POLICE-24 SHIRTS 01-210-62-00-5421 00303581 08/22/06 260.00 WEARING APPAREL INVOICE TOTAL: 260.00 2006-70 06/25/06 01 POLICE-30 SHIRTS 01-210-62-00-5421 00303499 08/22/06 824.00 WEARING APPAREL INVOICE TOTAL: 824.00 2006-71 06/06/06 01 POLICE-4 SHIRTS 01-210-62-00-5421 08/22/06 100.00 WEARING APPAREL INVOICE TOTAL: 100.00 2006-72 05/10/06 01 POLICE-6 SHIRTS 01-210-62-00-5421 00303580 08/22/06 150.00 WEARING APPAREL INVOICE TOTAL: 150.00 2006-73 05/27/06 01 POLICE-2 SHIRTS 01-210-62-00-5421 00303499 08/22/06 26.00 WEARING APPAREL INVOICE TOTAL: 26.00 VENDOR TOTAL: 1,360.00 P20 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 21 TIME: 11:51:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ MCMAHONP PATRICK MCMAHON 063006 06/30/06 01 POLICE-MILEAGE REIMBURSEMENT 01-210-64-00-5605 08/22/06 71.20 TRAVEL EXPENSES INVOICE TOTAL: 71.20 VENDOR TOTAL: 71.20 MEADE MEADE ELECTRIC COMPANY, INC. 625235 07/31/06 01 STREETS-47 & CANNONBALL 01-410-62-00-5414 00203402 08/22/06 179.62 MAINTENANCE-TRAFFIC SIGNAL 02 TRAFFIC SIGNAL ** COMMENT ** INVOICE TOTAL: 179.62 625437 07/28/06 01 STREETS-47 & FOX TRAFFIC 01-410-62-00-5414 00203402 08/22/06 215.64 MAINTENANCE-TRAFFIC SIGNAL 02 SIGNAL ** COMMENT ** INVOICE TOTAL: 215.64 625510 07/28/06 01 STREETS-47 & 34 TRAFFIC SIGNAL 01-410-62-00-5414 00203402 08/22/06 3,309.39 MAINTENANCE-TRAFFIC SIGNAL INVOICE TOTAL: 3,309.39 VENDOR TOTAL: 3,704.65 MENLAND MENARDS - YORKVILLE 58244 06/05/06 01 WATER OP-TREATMENT PLANT 51-000-65-00-5804 08/22/06 41.59 OPERATING SUPPLIES 02 SUPPLIES ** COMMENT ** INVOICE TOTAL: 41.59 58245 06/05/06 01 STREETS-GROUND FAULT TESTER 01-410-65-00-5804 08/22/06 7.87 OPERATING SUPPLIES INVOICE TOTAL: 7.87 58302 06/05/06 01 STREETS-SUPPLIES 01-410-65-00-5804 08/22/06 5.25 OPERATING SUPPLIES INVOICE TOTAL: 5.25 P21 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 22 TIME: 11:51:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ MENLAND MENARDS - YORKVILLE 58329 06/05/06 01 STREETS-MAILBOX, LUMBER 01-410-65-00-5804 08/22/06 37.15 OPERATING SUPPLIES INVOICE TOTAL: 37.15 60918 06/15/06 01 WATER OP-WATER BAND SUPPLIES 51-000-65-00-5804 08/22/06 187.18 OPERATING SUPPLIES INVOICE TOTAL: 187.18 68060 07/11/06 01 STREETS-ROPE 01-410-65-00-5804 08/22/06 13.48 OPERATING SUPPLIES INVOICE TOTAL: 13.48 69668 07/18/06 01 WATER OP-SUPPLIES FOR WELL #3 51-000-65-00-5804 08/22/06 427.38 OPERATING SUPPLIES INVOICE TOTAL: 427.38 69946 07/19/06 01 STREETS-TRUE BLUE 01-410-65-00-5804 00203358 08/22/06 171.84 OPERATING SUPPLIES INVOICE TOTAL: 171.84 69956 07/19/06 01 WATER OP-WELL #4 SUPPLIES 51-000-65-00-5804 08/22/06 9.44 OPERATING SUPPLIES INVOICE TOTAL: 9.44 69970 07/19/06 01 WATER OP-WATER BAND SUPPLIES 51-000-65-00-5804 08/22/06 174.34 OPERATING SUPPLIES INVOICE TOTAL: 174.34 70168 07/20/06 01 STREETS-CAULK 01-410-65-00-5804 08/22/06 7.50 OPERATING SUPPLIES INVOICE TOTAL: 7.50 70228 07/20/06 01 STREETS-CAULK 01-410-65-00-5804 08/22/06 7.50 OPERATING SUPPLIES INVOICE TOTAL: 7.50 P22 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 23 TIME: 11:51:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ MENLAND MENARDS - YORKVILLE 70404 07/21/06 01 STREETS-CAULK 01-410-65-00-5804 08/22/06 11.25 OPERATING SUPPLIES INVOICE TOTAL: 11.25 71225 07/24/06 01 STREETS-GLOVES 01-410-65-00-5804 08/22/06 4.69 OPERATING SUPPLIES INVOICE TOTAL: 4.69 71266 07/24/06 01 WATER OP-WATER SAMPLES 51-000-65-00-5804 08/22/06 12.41 OPERATING SUPPLIES INVOICE TOTAL: 12.41 71545 07/25/06 01 STREETS-WASP SPRAY 01-410-65-00-5804 08/22/06 2.49 OPERATING SUPPLIES INVOICE TOTAL: 2.49 71839 07/26/06 01 POLICE-KEYS 01-210-65-00-5804 08/22/06 3.42 OPERATING SUPPLIES INVOICE TOTAL: 3.42 71841 07/26/06 01 STREETS-ELECTRICAL TAPE, CABLE 01-410-62-00-5414 08/22/06 19.94 MAINTENANCE-TRAFFIC SIGNAL 02 TIES, TERMINAL KIT ** COMMENT ** INVOICE TOTAL: 19.94 72073 07/27/06 01 SEWER OP-SOAP, PAPER TOWELS 52-000-62-00-5422 08/22/06 15.85 LIFT STATION MAINTENANCE INVOICE TOTAL: 15.85 73512 08/02/06 01 STREETS-ST. LIGHT SUPPLIES 01-410-62-00-5415 08/22/06 22.62 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 22.62 73615 08/02/06 01 POLICE-REFLECTOR, GLOBE 01-210-65-00-5804 08/22/06 37.50 OPERATING SUPPLIES INVOICE TOTAL: 37.50 P23 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 24 TIME: 11:51:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ MENLAND MENARDS - YORKVILLE 74051 08/04/06 01 ADMIN-FAN 01-110-65-00-5804 08/22/06 19.96 OPERATING SUPPLIES INVOICE TOTAL: 19.96 VENDOR TOTAL: 1,240.65 MIDAM MID AMERICAN WATER 81933A 06/26/06 01 ENG-PRESSURE GAUGE 01-150-65-00-5801 08/22/06 52.00 ENGINEERING SUPPLIES INVOICE TOTAL: 52.00 VENDOR TOTAL: 52.00 MIDVAL MID-VALLEY CONCRETE, INC. 002B 07/25/06 01 WATER OP-REPAIR SIDEWALK 51-000-65-00-5804 00203303 08/22/06 700.00 OPERATING SUPPLIES INVOICE TOTAL: 700.00 VENDOR TOTAL: 700.00 MJELECT MJ ELECTRICAL SUPPLY, INC. 1072267-02 07/25/06 01 STREETS-ST. LIGHT EQUIPMENT 01-410-62-00-5415 08/22/06 49.00 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 49.00 1073651-01 07/24/06 01 STREETS-ST. LIGHT SUPPLIES 01-410-62-00-5415 08/22/06 144.00 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 144.00 1073709-01 07/24/06 01 STREETS-ST. LIGHT SUPPLIES 01-410-62-00-5415 00203356 08/22/06 569.00 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 569.00 1073709-02 07/24/06 01 STREETS-ST. LIGHT SUPPLIES 01-410-62-00-5415 08/22/06 72.00 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 72.00 P24 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 25 TIME: 11:51:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ MJELECT MJ ELECTRICAL SUPPLY, INC. 1074080-00 07/24/06 01 STREETS-ST. LIGHT SUPPLIES 01-410-62-00-5415 08/22/06 35.40 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 35.40 1074080-01 07/24/06 01 STREETS-ST. LIGHT SUPPLIES 01-410-62-00-5415 08/22/06 23.60 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 23.60 VENDOR TOTAL: 893.00 NAMIDKK NATIONAL ALLIANCE ON MENTAL 063006 06/30/06 01 POLICE-MEMBERSHIP 01-210-64-00-5600 08/22/06 30.00 DUES INVOICE TOTAL: 30.00 VENDOR TOTAL: 30.00 NATLWTR NATIONAL WATERWORKS, INC. 3481086 07/18/06 01 WATER OP-METERS 51-000-75-00-7508 00203301 08/22/06 9.46 METERS & PARTS INVOICE TOTAL: 9.46 3655072 07/20/06 01 WATER OP-METERS 51-000-75-00-7508 00203301 08/22/06 106.00 METERS & PARTS INVOICE TOTAL: 106.00 3695699 07/14/06 01 WATER OP-METERS 51-000-75-00-7508 00203301 08/22/06 221.14 METERS & PARTS INVOICE TOTAL: 221.14 VENDOR TOTAL: 336.60 NAVISTAR NAVISTAR FINANCIAL CORPORATION 060289-670 05/02/06 01 PW CAPITAL-DUMP TRUCK 21-000-75-00-7005 00203405 08/22/06 87,825.00 VEHICLES INVOICE TOTAL: 87,825.00 VENDOR TOTAL: 87,825.00 P25 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 26 TIME: 11:51:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ NELSON NELSON ENTERPRISES, INC. 8238-0001 07/31/06 01 ADMIN-BROADCASTING 01-110-65-00-5844 08/22/06 115.50 MARKETING - HOTEL TAX INVOICE TOTAL: 115.50 VENDOR TOTAL: 115.50 NICOR NICOR GAS 205256204210706 07/22/06 01 ADMIN-420 FAIRHAVEN 01-110-78-00-9002 08/22/06 253.35 NICOR GAS INVOICE TOTAL: 253.35 234591486250806 08/03/06 01 ADMIN-101 BRUELL 01-110-78-00-9002 08/22/06 76.58 NICOR GAS INVOICE TOTAL: 76.58 492561100050806 08/03/06 01 ADMIN-1 W VAN EMMON 01-110-78-00-9002 08/22/06 29.11 NICOR GAS INVOICE TOTAL: 29.11 915623953180806 08/03/06 01 ADMIN-1107 S. BRIDGE 01-110-78-00-9002 08/22/06 12.22 NICOR GAS INVOICE TOTAL: 12.22 VENDOR TOTAL: 371.26 NORTHERN NORTHERN SAFETY CO., INC. P151828401021 07/12/06 01 STREETS-GLOVES, PALLET TRUCK 01-410-65-00-5804 00203357 08/22/06 544.18 OPERATING SUPPLIES INVOICE TOTAL: 544.18 VENDOR TOTAL: 544.18 NOTARYPU NOTARY PUBLIC ASSOCIATION 073106 07/31/06 01 ADMIN-NOTARY FOR CITY CLERK 01-110-65-00-5804 08/22/06 45.00 OPERATING SUPPLIES INVOICE TOTAL: 45.00 VENDOR TOTAL: 45.00 P26 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 27 TIME: 11:51:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ OAKLEYD DIANE OAKLEY 8 07/25/06 01 ADMIN-7/25 CC VIDEO TAPING 01-110-64-00-5607 08/22/06 50.00 PUBLIC RELATIONS INVOICE TOTAL: 50.00 VENDOR TOTAL: 50.00 OFFWORK OFFICE WORKS 098754 07/27/06 01 ADMIN-FOLDERS, ORGANIZERS 01-110-65-00-5802 08/22/06 51.77 OFFICE SUPPLIES INVOICE TOTAL: 51.77 VENDOR TOTAL: 51.77 OHERRCOM RAY O'HERRON COMPANY 30135 07/27/06 01 POLICE-HOLSTER 01-210-62-00-5421 08/22/06 122.00 WEARING APPAREL INVOICE TOTAL: 122.00 30136 07/27/06 01 POLICE-UNIFORMS FOR 1 EMPLOYEE 01-210-62-00-5421 00303568 08/22/06 1,334.40 WEARING APPAREL INVOICE TOTAL: 1,334.40 30137 07/27/06 01 POLICE-UNIFORMS FOR 1 EMPLOYEE 01-210-62-00-5421 00303569 08/22/06 1,150.50 WEARING APPAREL INVOICE TOTAL: 1,150.50 VENDOR TOTAL: 2,606.90 PARADISE PARADISE CAR WASH 220752 08/01/06 01 POLICE-MONTHLY CAR WASHES 01-210-62-00-5409 08/22/06 114.85 MAINTENANCE - VEHICLES INVOICE TOTAL: 114.85 VENDOR TOTAL: 114.85 PARKVIEW PARKVIEW CHRISTIAN ACADEMY P27 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 28 TIME: 11:51:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ PARKVIEW PARKVIEW CHRISTIAN ACADEMY 10008 05/17/06 01 ADMIN-AUG, SEPT, OCT RENT 01-110-65-00-5800 08/22/06 3,750.00 CONTINGENCIES INVOICE TOTAL: 3,750.00 VENDOR TOTAL: 3,750.00 PEDERSEN PEDERSEN COMPANY LANDSCAPE 2006-2341 07/25/06 01 ARO-COUNTRYSIDE PUMP STATION 01-000-13-00-1372 08/22/06 1,375.00 A/R - OTHER INVOICE TOTAL: 1,375.00 VENDOR TOTAL: 1,375.00 POCKETPR POCKET PRESS 32094 06/22/06 01 POLICE-TRAFFIC CODE BOOKS 01-210-65-00-5804 00303528 08/22/06 252.19 OPERATING SUPPLIES INVOICE TOTAL: 252.19 VENDOR TOTAL: 252.19 POLPEN POLICE PENSION FUND 063006-RETAX 07/28/06 01 POLICE-REAL ESTATE TAXES 01-210-72-00-6502 08/22/06 39,343.10 POLICE PENSION INVOICE TOTAL: 39,343.10 073106-RETAX 07/31/06 01 POLICE-REAL ESTATES TAXES 01-210-72-00-6502 08/22/06 78,850.11 POLICE PENSION INVOICE TOTAL: 78,850.11 VENDOR TOTAL: 118,193.21 POSTNET POSTNET IL 124 33994 07/24/06 01 ADMIN-BLUE PRINTS 01-110-65-00-5809 08/22/06 56.96 PRINTING & COPYING INVOICE TOTAL: 56.96 P28 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 29 TIME: 11:51:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ POSTNET POSTNET IL 124 34116 07/27/06 01 ADMIN-BLUE PRINTS 01-110-65-00-5809 08/22/06 43.18 PRINTING & COPYING INVOICE TOTAL: 43.18 34384 08/03/06 01 ADMIN-BLUE PRINTS 01-110-65-00-5809 08/22/06 48.99 PRINTING & COPYING INVOICE TOTAL: 48.99 VENDOR TOTAL: 149.13 PRINTPER PRINT PERFECT 00048226 07/24/06 01 ADMIN-JUNE NEWSLETTER DESIGN 01-110-65-00-5809 08/22/06 40.00 PRINTING & COPYING INVOICE TOTAL: 40.00 00048342 08/01/06 01 ADMIN-500 HISTORICAL ST. NAME 01-110-65-00-5809 08/22/06 150.00 PRINTING & COPYING 02 PROGRAM ** COMMENT ** INVOICE TOTAL: 150.00 00048346 07/27/06 01 ADMIN-NEWSLETTER PDF'S 01-110-65-00-5809 08/22/06 54.00 PRINTING & COPYING INVOICE TOTAL: 54.00 VENDOR TOTAL: 244.00 QUILL QUILL CORPORATION 8537251 07/27/06 01 ADMIN-4 DRAWER FILE 01-110-65-00-5802 00101814 08/22/06 554.22 OFFICE SUPPLIES INVOICE TOTAL: 554.22 8556893 07/27/06 01 PLAN/DEV-PENS, FOLDERS, TONER 01-220-65-00-5804 00101815 08/22/06 139.96 OPERATING SUPPLIES 02 ADMIN-DIVIDERS, PENS, FORKS, 01-110-65-00-5802 146.25 OFFICE SUPPLIES P29 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 30 TIME: 11:51:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ QUILL QUILL CORPORATION 8556893 07/27/06 03 PAPER ** COMMENT ** 00101815 08/22/06 INVOICE TOTAL: 286.21 VENDOR TOTAL: 840.43 R0000244 JOYCE SKINNER 072906 07/29/06 01 ADMIN-BEECHER DEPOSIT REFUND 01-000-42-00-4281 08/22/06 50.00 BEECHER DEPOSITS INVOICE TOTAL: 50.00 VENDOR TOTAL: 50.00 R0000245 REGINA MOE 073006 07/30/06 01 ADMIN-BEECHER DEPOSIT REFUND 01-000-42-00-4281 08/22/06 400.00 BEECHER DEPOSITS INVOICE TOTAL: 400.00 VENDOR TOTAL: 400.00 R0000246 NEW LIFE CHURCH 080406 08/04/06 01 ARO-REFUND FOR OVERPAYMENT 01-000-13-00-1372 08/22/06 735.60 A/R - OTHER INVOICE TOTAL: 735.60 VENDOR TOTAL: 735.60 R0000247 KENDALL CREEK DEVELOPMENT, LLC 080306 08/03/06 01 ARO-REFUND FOR OVERPAYMENT 01-000-13-00-1372 08/22/06 390.00 A/R - OTHER INVOICE TOTAL: 390.00 VENDOR TOTAL: 390.00 R0000248 SUNFLOWER ESTATES, LLC 072806 07/28/06 01 ARO-REFUND FOR OVERPAYMENT 01-000-13-00-1372 08/22/06 1,035.00 A/R _ OTHER INVOICE TOTAL: 1,035.00 VENDOR TOTAL: 1,035.00 P30 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 31 TIME: 11:51:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ R0000249 DAVID MCCORMICK 073106 07/31/06 01 ADMIN-OVERPAYMENT REFUND 01-000-00-00-1480 08/22/06 140.45 UNAPPLIED CASH 02 FOR WATER BILL ** COMMENT ** INVOICE TOTAL: 140.45 VENDOR TOTAL: 140.45 R0000250 JEREMY SCHULTZE 080706 08/07/06 01 ADMIN-OVERPAYMENT ON FINAL 01-000-00-00-1480 08/22/06 56.76 UNAPPLIED CASH 02 WATER PAYMENT ** COMMENT ** INVOICE TOTAL: 56.76 VENDOR TOTAL: 56.76 R0000251 KRISTEN NIESTROM 080706 08/07/06 01 ADMIN-REFUND UNUSED LIQUOR 01-000-41-00-4100 08/22/06 243.86 LIQUOR LICENSE 02 LICENSE FEES ** COMMENT ** INVOICE TOTAL: 243.86 VENDOR TOTAL: 243.86 RAKOWS RAKOW'S FURNITURE, INC. 83621 05/18/06 01 POLICE-DESK, CHAIR 01-210-62-00-5410 00303501 08/22/06 1,118.33 MAINT-OFFICE EQUIPMENT 02 POLICE-DESK, CHAIR 01-210-65-00-5802 341.67 OFFICE SUPPLIES INVOICE TOTAL: 1,460.00 VENDOR TOTAL: 1,460.00 RATOSJ RATOS, JAMES 080806 08/08/06 01 ADMIN-REFUND WATER METER 01-110-61-00-5314 08/22/06 13,750.00 BUILDING INSPECTIONS P31 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 32 TIME: 11:51:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ RATOSJ RATOS, JAMES 080806 08/08/06 02 OVERPAYMENT ** COMMENT ** 08/22/06 INVOICE TOTAL: 13,750.00 VENDOR TOTAL: 13,750.00 RAUBERT R.A. UBERT CONSTRUCTION, INC 8-SMITH 07/28/06 01 STREETS-IN TOWN DRAINAGE PROG. 01-410-75-00-7101 08/22/06 46, 649.80 IN TOWN ROAD PROGRAM INVOICE TOTAL: 46,649.80 VENDOR TOTAL: 46,649.80 RB ASSOC R.B. ASSOCIATES LAND 17519 07/07/06 01 PLAN/DEV-PLAT OF ANNEXATION 01-220-65-00-5814 08/22/06 705.00 BOOKS & MAPS INVOICE TOTAL: 705.00 VENDOR TOTAL: 705.00 RJCONSUP R&J CONSTRUCTION SUPPLY INC. 542519 07/11/06 01 STREETS-SAW RENTAL 01-410-62-00-5434 08/22/06 83.44 RENTAL-EQUIPMENT INVOICE TOTAL: 83.44 VENDOR TOTAL: 83.44 SBC SBC 6305531141-0706 07/25/06 01 POLICE-FAX 01-210-62-00-5436 08/22/06 32.34 TELEPHONE INVOICE TOTAL: 32.34 6305531577-0706 07/25/06 01 WATER OP-LIFT STATION 51-000-62-00-5436 08/22/06 41.31 TELEPHONE INVOICE TOTAL: 41.31 P32 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 33 TIME: 11:51:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ SBC SBC 6305531703-0706 07/25/06 01 WATER OP-LIFT STATION 51-000-62-00-5436 08/22/06 21.93 TELEPHONE INVOICE TOTAL: 21.93 6305532155-0706 07/25/06 01 WATER OP-LIFT STATION 51-000-62-00-5436 08/22/06 23.39 TELEPHONE INVOICE TOTAL: 23.39 6305534349-0706 07/25/06 01 ADMIN-CITY HALL 01-110-62-00-5436 08/22/06 492.86 TELEPHONE 02 POLICE-CITY HALL 01-210-62-00-5436 492.86 TELEPHONE 03 WATER OP-CITY HALL 51-000-62-00-5436 492.85 TELEPHONE INVOICE TOTAL: 1,478.57 6305535083-0706 07/25/06 01 WATER OP-LIFT STATION 51-000-62-00-5436 08/22/06 31.46 TELEPHONE INVOICE TOTAL: 31.46 6305535436-0706 07/25/06 01 WATER OP-LIFT STATION 51-000-62-00-5436 08/22/06 81.84 TELEPHONE INVOICE TOTAL: 81.84 6305537575-0706 07/25/06 01 ADMIN-CITY HALL FAX 01-110-62-00-5436 08/22/06 25.52 TELEPHONE INVOICE TOTAL: 25.52 6305539016-0706 07/25/06 01 POLICE-EMERGENCY 01-210-62-00-5436 08/22/06 61.04 TELEPHONE INVOICE TOTAL: 61.04 6305545031-0606 06/25/06 01 WATER OP-WELLS 51-000-62-00-5436 08/22/06 26.84 TELEPHONE INVOICE TOTAL: 26.84 P33 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 34 TIME: 11:51:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ SBC SBC 6305545031-0706 07/25/06 01 WATER OP-WELLS 51-000-62-00-5436 08/22/06 24.96 TELEPHONE INVOICE TOTAL: 24.96 6308826526-0606 06/25/06 01 WATER OP-LIFT STATION 51-000-62-00-5436 08/22/06 116.52 TELEPHONE INVOICE TOTAL: 116.52 6308826526-0706 07/25/06 01 WATER OP-LIFT STATION 51-000-62-00-5436 08/22/06 52.23 TELEPHONE INVOICE TOTAL: 52.23 6308828394-0706 07/25/06 01 WATER OP-LIFT STATION 51-000-62-00-5436 08/22/06 47.13 TELEPHONE INVOICE TOTAL: 47.13 6308828412-0706 07/25/06 01 WATER OP-LIFT STATION 51-000-62-00-5436 08/22/06 23.39 TELEPHONE INVOICE TOTAL: 23.39 708Z911001-0706 07/16/06 01 WATER OP-ALARM CIRCUIT 51-000-62-00-5436 08/22/06 81.80 TELEPHONE INVOICE TOTAL: 81.80 VENDOR TOTAL: 2,170.27 SBCLONG SBC LONG DISTANCE 072706 07/27/06 01 ADMIN-LONG DISTANCE 01-110-62-00-5436 08/22/06 305.36 TELEPHONE INVOICE TOTAL: 305.36 828932136-0706 08/01/06 01 ADMIN-JULY CHARGES 01-110-62-00-5436 08/22/06 15.51 TELEPHONE 02 POLICE-JULY CHARGES 01-210-62-00-5436 205.23 TELEPHONE P34 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 35 TIME: 11:51:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ SBCLONG SBC LONG DISTANCE 828932136-0706 08/01/06 03 WATER OP-JULY CHARGES 51-000-62-00-5436 08/22/06 23.34 TELEPHONE INVOICE TOTAL: 244.08 VENDOR TOTAL: 549.44 SCHOPPE SCHOPPE DESIGN ASSOC. 11953-A 07/25/06 01 ENG-JEFFERSON STREET 01-150-62-00-5401 08/22/06 2,056.45 CONTRACTUAL SERVICES INVOICE TOTAL: 2,056.45 VENDOR TOTAL: 2,056.45 SECSTATE SECRETARY OF STATE 080706 08/08/06 01 PW CAPITAL-VEHICLE REG. 21-000-75-00-7107 08/22/06 75.00 TRUCK ACCESSORIES INVOICE TOTAL: 75.00 080806 08/08/06 01 PW CAPITAL-VEHCILE REG. 21-000-75-00-7107 08/22/06 75.00 TRUCK ACCESSORIES INVOICE TOTAL: 75.00 VENDOR TOTAL: 150.00 SEYFARTH SEYFARTH SHAW LLP 1260401 07/01/06 01 POLICE-LEGAL MATTERS 01-210-61-00-5300 08/22/06 152.50 LEGAL SERVICES INVOICE TOTAL: 152.50 1260402 07/01/06 01 POLICE-LEGAL MATTERS 01-210-61-00-5300 08/22/06 5,762.65 LEGAL SERVICES INVOICE TOTAL: 5,762.65 VENDOR TOTAL: 5,915.15 SIDWELL THE SIDWELL COMPANY P35 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 36 TIME: 11:51:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ SIDWELL THE SIDWELL COMPANY 59853CM 07/31/06 01 ENG-CREDIT 01-150-75-00-7002 08/22/06 -36.95 COMPUTER EQUIPMENT & SOFTW INVOICE TOTAL: -36.95 60462 08/01/06 01 ENG-MAP SUBSCRIPTION 01-150-75-00-7002 00101812 08/22/06 186.45 COMPUTER EQUIPMENT & SOFTW INVOICE TOTAL: 186.45 VENDOR TOTAL: 149.50 SMITH SMITH ENGINEERING 338131 07/24/06 01 ADMIN-TRAVEL DEMAND FORECAST 01-110-65-00-5800 08/22/06 935.00 CONTINGENCIES INVOICE TOTAL: 935.00 VENDOR TOTAL: 935.00 SOFT SOFTWARE PERFORMANCE 109122 07/25/06 01 ADMIN-CLEAN UP SPYWARE 01-110-62-00-5411 08/22/06 125.00 MAINTENANCE - COMPUTERS INVOICE TOTAL: 125.00 VENDOR TOTAL: 125.00 SOSTECH SOS TECHNOLOGIES 13422 07/18/06 01 POLICE-AED, DEFIB PADS 20-000-75-00-7001 00303570 08/22/06 1,326.00 EQUIPMENT INVOICE TOTAL: 1,326.00 VENDOR TOTAL: 1,326.00 SPIESG GLORY SPIES 312096 08/12/06 01 ADMIN-DVD'S 01-110-65-00-5802 08/22/06 40.45 OFFICE SUPPLIES INVOICE TOTAL: 40.45 VENDOR TOTAL: 40.45 P36 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 37 TIME: 11:51:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ STELL STELLMACH ELECTRIC, INC. 5873 07/23/06 01 WATER OP-TROUBLE SHOOT 51-000-62-00-5413 00203307 08/22/06 520.00 MAINTENANCE-CONTROL SYSTEM 02 WELL #4 ** COMMENT ** INVOICE TOTAL: 520.00 VENDOR TOTAL: 520.00 STREICH STREICHERS I368725 08/01/06 01 POLICE-VEST 01-210-62-00-5421 08/22/06 90.95 WEARING APPAREL INVOICE TOTAL: 90.95 VENDOR TOTAL: 90.95 SUBCHNEW SUBURBAN CHICAGO NEWSPAPERS AD 070506 07/05/06 01 WATER OP-MAINT. WORKER AD 51-000-65-00-5810 08/22/06 40.50 PUBLISHING & ADVERTISING INVOICE TOTAL: 40.50 073106 07/31/06 01 ARO-WESTBURY 01-000-13-00-1372 08/22/06 4,084.09 A/R - OTHER INVOICE TOTAL: 4,084.09 VENDOR TOTAL: 4,124.59 SUPERIOR SUPERIOR ASPHALT MATERIALS LLC 20061322 07/09/06 01 MET-COLD PATCH 15-000-75-00-7110 07/09/06 318.06 COLD PATCH INVOICE TOTAL: 318.06 VENDOR TOTAL: 318.06 TAPCO TRAFFIC & PARKING CONTROL INC 250165 07/26/06 01 ARO-SIGNS FOR POST OFFICE 01-000-13-00-1372 00203401 08/22/06 157.86 A/R - OTHER INVOICE TOTAL: 157.86 P37 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 38 TIME: 11:51:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ TAPCO TRAFFIC & PARKING CONTROL INC 250302 07/26/06 01 ARO-HARDWARE FOR SIGNS O1-000-13-00-1372 00203400 08/22/06 259.25 A/R - OTHER INVOICE TOTAL: 259.25 VENDOR TOTAL: 417.11 TINSTAR TIN STAR ELECTRONIC SERVICE 01205 07/26/06 01 POLICE-M8 RADAR REPAIRS 01-210-62-00-5408 00303576 08/22/06 230.00 MAINTENANCE - EQUIPMENT INVOICE TOTAL: 230.00 01206 07/26/06 01 POLICE-M14 RADAR REPAIRS 01-210-62-00-5408 08/22/06 230.00 MAINTENANCE - EQUIPMENT INVOICE TOTAL: 230.00 01207 07/26/06 01 POLICE-Mll RADAR TESTED 01-210-62-00-5408 00303573 08/22/06 230.00 MAINTENANCE - EQUIPMENT INVOICE TOTAL: 230.00 01208 07/26/06 01 POLICE-M16 RADAR TESTED 01-210-62-00-5408 00303572 08/22/06 230.00 MAINTENANCE - EQUIPMENT INVOICE TOTAL: 230.00 01209 07/28/06 01 POLICE-RADAR REPAIRED 01-210-62-00-5408 00303571 08/22/06 222.50 MAINTENANCE - EQUIPMENT INVOICE TOTAL: 222.50 01458 07/13/06 01 POLICE-M15 MODEM REPAIRS 01-210-62-00-5409 08/22/06 52.50 MAINTENANCE - VEHICLES INVOICE TOTAL: 52.50 01480 07/20/06 01 POLICE-CADAT ROTATOR REPAIRS 01-210-62-00-5409 08/22/06 105.89 MAINTENANCE - VEHICLES INVOICE TOTAL: 105.89 P38 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 39 TIME: 11:51:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ TINSTAR TIN STAR ELECTRONIC SERVICE 02120 07/28/06 01 PD CAPITAL-INSTALL GUN LOCK 20-000-75-00-7006 08/22/06 127.50 CAR BUILD OUT INVOICE TOTAL: 127.50 INST136073 07/21/06 01 POLICE-M14 INSTALL COMPUTER 01-210-62-00-5409 00303574 08/22/06 305.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 305.00 VENDOR TOTAL: 1,733.39 TRAFFIC TRAFFIC CONTROL CORPORATION 21974 07/26/06 01 STREETS-12 RED SIGNALS 01-410-62-00-5414 00203354 08/22/06 657.96 MAINTENANCE-TRAFFIC SIGNAL INVOICE TOTAL: 657.96 VENDOR TOTAL: 657.96 TRIR TRI-R SYSTEMS, INC. 002174 07/24/06 01 WATER OP-REPAIRS WELL 43 51-000-62-00-5413 00203304 08/22/06 427.50 MAINTENANCE-CONTROL SYSTEM INVOICE TOTAL: 427.50 VENDOR TOTAL: 427.50 UNIQUEPR UNIQUE PRODUCTS & SERVICE 153457 07/27/06 01 SEWER OP-SOAP, TOWELS 52-000-65-00-5805 08/22/06 113.96 SHOP SUPPLIES INVOICE TOTAL: 113.96 VENDOR TOTAL: 113.96 UOFI UNIVERSITY OF ILLINOIS-GAR UPIN1136 07/27/06 01 POLICE-2 PTI CLASSES 01-210-64-00-5609 00303582 08/22/06 3, 910.53 POLICE RECRUIT ACADEMY INVOICE TOTAL: 3,910.53 P39 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 40 TIME: 11:51:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ UOFI UNIVERSITY OF ILLINOIS-GAR UPIN1155 07/27/06 01 POLICE-SPANISH CLASS 01-210-64-00-5609 00303582 08/22/06 70.00 POLICE RECRUIT ACADEMY INVOICE TOTAL: 70.00 VENDOR TOTAL: 3,980.53 UPS UNITED PARCEL SERVICE 00004296X2296 07/22/06 01 ADMIN-2 PACKAGES SHIPPED 01-110-65-00-5808 08/22/06 46.37 POSTAGE & SHIPPING 02 POLICE-1 PACKAGE SHIPPED 01-210-65-00-5808 5.68 POSTAGE & SHIPPING 03 WATER OP-2 PACKAGES SHIPPPED 51-000-65-00-5808 67.70 POSTAGE & SHIPPING INVOICE TOTAL: 119.75 00004296X2306 07/29/06 01 ADMIN-2 PACKAGES SHIPPED 01-110-65-00-5808 08/22/06 38.49 POSTAGE & SHIPPING INVOICE TOTAL: 38.49 VENDOR TOTAL: 158.24 VESCO VESCO 26975 07/31/06 01 ENG-PAPER FOR PLOTTER 01-150-65-00-5802 08/22/06 50.52 OFFICE SUPPLIES INVOICE TOTAL: 50.52 26976 07/31/06 01 ADMIN-5 ROLLS LABELING TAPE 01-110-65-00-5802 08/22/06 126.21 OFFICE SUPPLIES INVOICE TOTAL: 126.21 VENDOR TOTAL: 176.73 VISA VISA 072606-CITY 07/26/06 01 ENG-MAPS 01-150-75-00-7002 08/22/06 36.95 COMPUTER EQUIPMENT & SOFTW P40 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 41 TIME: 11:51:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ VISA VISA 072606-CITY 07/26/06 02 ADMIN-IML CONF. 18 ROOMS 01-110-64-00-5604 08/22/06 3,860.07 TRAINING & CONFERENCES 03 WATER OP-SUPPLIES 51-000-65-00-5804 24.18 OPERATING SUPPLIES 04 ADMIN-INK CARTRIDGES 01-110-65-00-5802 212.00 OFFICE SUPPLIES 05 ADMIN-ICMA CONF. CITY ADMIN. 01-110-64-00-5604 905.00 TRAINING & CONFERENCES 06 ADMIN-ICMA 2 MEMBERSHIPS 01-110-64-00-5604 520.00 TRAINING & CONFERENCES 07 STREETS-SUPPLIES 01-410-65-00-5804 31.58 OPERATING SUPPLIES 08 WATER OP-SUPPLIES 51-000-65-00-5804 95.64 OPERATING SUPPLIES INVOICE TOTAL: 5,685.42 072606-PD 07/26/06 01 POLICE-CONFERENCE EXPENSES 01-210-64-00-5605 07/26/06 1,671.60 TRAVEL EXPENSES 02 POLICE-IACP CONF. 01-210-64-00-5604 460.00 TRAINING & CONFERENCE 03 POLICE-FUEL 01-210-65-00-5812 154.81 GASOLINE 04 POLICE-IL LAW ENFORCEMENT 01-210-64-00-5603 40.00 SUBSCRIPTIONS 05 SUBSCRIPTION ** COMMENT ** 06 POLICE-NNO PRIZE 01-210-64-00-5606 50.00 COMMUNITY RELATIONS 07 POLICE-AD FOR OFFICER 01-210-64-00-5607 397.00 POLICE COMMISSION 08 POLICE-RETURN K9 EQUIPMENT 01-210-65-00-5808 479.38 POSTAGE & SHIPPING 09 POLICE-CREDIT 01-210-65-00-5804 -27.00 OPERATING SUPPLIES 10 POLICE-BATTERIES FOR CAMERA 01-210-62-00-5408 66.25 MAINTENANCE - EQUIPMENT INVOICE TOTAL: 3,292.04 VENDOR TOTAL: 8,977.46 P41 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 42 TIME: 11:51:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ VSP VISION SERVICE PLAN 072006 07/20/06 01 ADMIN-AUGUST VISION PLAN 01-110-50-00-5205 08/22/06 820.00 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 820.00 VENDOR TOTAL: 820.00 WALDENS WALDEN'S LOCK SERVICE 7266 06/13/06 01 POLICE-KEYS 01-210-65-00-5804 08/22/06 83.20 OPERATING SUPPLIES INVOICE TOTAL: 83.20 7337 07/14/06 01 MUNICIPAL BLDG-RESET 3 PUSH 16-000-75-00-7204 08/22/06 79.00 BLDG MAINT - CITY HALL 02 BUTTON LOCKS ** COMMENT ** INVOICE TOTAL: 79.00 7341 07/25/06 01 MUNICIPAL BLDG-REPAIR FRONT 16-000-75-00-7204 08/22/06 74.00 BLDG MAINT - CITY HALL 02 DOOR LOCK ON CITY HALL ** COMMENT ** INVOICE TOTAL: 74.00 VENDOR TOTAL: 236.20 WASTE WASTE MANAGEMENT 2515277-2011-3 08/01/06 01 HEALTH & SANITATION -JULY 01-540-62-00-5442 08/22/06 58,625.08 GARBAGE SERVICES INVOICE TOTAL: 58,625.08 VENDOR TOTAL: 58, 625.08 WEBLINX WEBLINX INCORPORATED 3752 08/07/06 01 ADMIN-YEARLY WEB SITE HOSTING 01-110-62-00-5401 08/22/06 220.00 CONTRACTUAL SERVICES INVOICE TOTAL: 220.00 P42 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 43 TIME: 11:51:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ WEBLINX WEBLINX INCORPORATED 4234 08/01/06 01 ADMIN-AUGUST WEBSITE CHARGES 01-110-62-00-5401 08/22/06 100.00 CONTRACTUAL SERVICES INVOICE TOTAL: 100.00 VENDOR TOTAL: 320.00 WHITAKER WHITTAKER CONSTRUCTION & 080406-EEI 08/04/06 01 WATER IMPROV-B.1 WELLS 3 & 4 41-000-61-00-5401 08/22/06 90, 656.99 ENGINEERING-RADIUM CONT B2 02 WELL HOUSE & TREATMENT FAC. ** COMMENT ** INVOICE TOTAL: 90,656.99 VENDOR TOTAL: 90,656.99 WHOLTIRE WHOLESALE TIRE 114559 06/29/06 01 POLICE-M13 REPAIRS 01-210-62-00-5409 00303544 08/22/06 182.90 MAINTENANCE - VEHICLES INVOICE TOTAL: 182.90 114888 07/15/06 01 POLICE-M18 OIL CHANGE 01-210-62-00-5409 08/22/06 20.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 20.00 114938 07/27/06 01 POLICE-M6 TIRE REPAIR 01-210-62-00-5409 08/22/06 15.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 15.00 115006 08/02/06 01 POLICE-M8 TIRE REPAIR 01-210-62-00-5409 08/22/06 15.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 15.00 115008 08/02/06 01 POLICE-M3 OIL CHANGE, 01-210-62-00-5409 08/22/06 28.79 MAINTENANCE - VEHICLES 02 AIR FILTER ** COMMENT ** INVOICE TOTAL: 28.79 P43 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 44 TIME: 11:51:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ WHOLTIRE WHOLESALE TIRE 115018 08/02/06 01 POLICE-M5 COIL, SPARK PLUG, 01-210-62-00-5409 00303583 08/22/06 184.18 MAINTENANCE - VEHICLES 02 OIL CHANGE ** COMMENT ** INVOICE TOTAL: 184.18 115066 08/04/06 01 POLICE-DARE OIL CHANGE 01-210-62-00-5409 08/22/06 20.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 20.00 VENDOR TOTAL: 465.87 WILLIAMA WILLIAMS, ANNETTE 072706 07/27/06 01 ADMIN-MILEAGE REIMBURSEMENT O1-110-64-00-5605 08/22/06 15.58 TRAVEL/MEALS/LODGING INVOICE TOTAL: 15.58 VENDOR TOTAL: 15.58 WYETHATY JOHN JUSTIN WYETH 715 08/07/06 01 ADMIN-VARIOUS LEGAL MATTERS 01-110-61-00-5300 08/22/06 2,362.50 LEGAL SERVICES INVOICE TOTAL: 2,362.50 716 08/07/06 01 ADMIN-VARIOUS LEGAL MATTERS 01-110-61-00-5300 08/22/06 1,275.00 LEGAL SERVICES INVOICE TOTAL: 1,275.00 717 08/07/06 01 ADMIN-VARIOUS LEGAL MATTERS 01-110-61-00-5300 08/22/06 1,987.50 LEGAL SERVICES INVOICE TOTAL: 1,987.50 718 08/07/06 01 ADMIN-VARIOUS LEGAL MATTERS 01-110-61-00-5300 08/22/06 262.50 LEGAL SERVICES INVOICE TOTAL: 262.50 P44 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 45 TIME: 11:51:57 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ WYETHATY JOHN JUSTIN WYETH 719 08/07/06 01 ARO-HARLEM IRVIN 01-000-13-00-1372 08/22/06 525.00 A/R - OTHER INVOICE TOTAL: 525.00 720 08/07/06 01 ARO-HAMMON, REZO 01-000-13-00-1372 08/22/06 225.00 A/R - OTHER INVOICE TOTAL: 225.00 721 08/07/06 01 ARO-O'KEEFE 01-000-13-00-1372 08/22/06 225.00 A/R - OTHER INVOICE TOTAL: 225.00 722 08/07/06 01 ARO-PRESTWICK 01-000-13-00-1372 08/22/06 225.00 A/R - OTHER INVOICE TOTAL: 225.00 723 08/07/06 01 ARO-MEADOWBROOK 01-000-13-00-1372 08/22/06 262.50 A/R - OTHER INVOICE TOTAL: 262.50 724 08/07/06 01 ARO-WESTBURY 01-000-13-00-1372 08/22/06 450.00 A/R - OTHER INVOICE TOTAL: 450.00 725 08/07/06 01 ARO-BRISTOL BAY 01-000-13-00-1372 08/22/06 112.50 A/R - OTHER INVOICE TOTAL: 112.50 VENDOR TOTAL: 7,912.50 YBSD YORKVILLE BRISTOL 050106-063006 07/27/06 01 TRUST & AGENCY-MAY & JUNE 95-000-78-00-9008 08/22/06 375,006.27 YBSD PAYMENTS 02 SANITARY FEES ** COMMENT ** INVOICE TOTAL: 375,006.27 P45 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 46 TIME: 11:51:58 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ YBSD YORKVILLE BRISTOL 072506 07/25/06 01 WATER IMPROV-REPAIR DAMAGE 41-000-61-00-5401 08/22/06 15,358.89 ENGINEERING-RADIUM CONT B2 02 TO PROPERTY CAUSED BY COY ** COMMENT ** 03 WATER MAIN BREAK ON 12/13/05 ** COMMENT ** INVOICE TOTAL: 15,358.89 VENDOR TOTAL: 390,365.16 YOPARKS YORKVILLE PARKS DEPARTMENT 080106-CAPITAL 07/29/06 01 ADMIN-PR CAPITAL FOR AUG 01-110-99-00-9940 08/22/06 87,177.25 TRANSFER TO PARK & RECREAT INVOICE TOTAL: 87,177.25 VENDOR TOTAL: 87,177.25 YORKACE YORKVILLE ACE & RADIO SHACK 100012 05/24/06 01 STREETS-CLEANING SUPPLIES 01-410-65-00-5804 08/22/06 34.96 OPERATING SUPPLIES INVOICE TOTAL: 34.96 100478 06/07/06 01 STREETS-SPRAYERS 01-410-65-00-5804 08/22/06 36.47 OPERATING SUPPLIES INVOICE TOTAL: 36.47 102234 08/02/06 01 SEWER OP-SCREW 52-000-62-00-5408 08/22/06 0.55 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 0.55 99825 05/18/06 01 WATER OP-BATTERY 51-000-65-00-5804 08/22/06 89.99 OPERATING SUPPLIES INVOICE TOTAL: 89.99 99857 05/19/06 01 WATER OP-SUPPLIES 51-000-65-00-5804 08/22/06 9.98 OPERATING SUPPLIES INVOICE TOTAL: 9.98 VENDOR TOTAL: 171.95 P46 DATE: 08/09/06 UNITED CITY OF YORKVILLE PAGE: 47 TIME: 11:51:58 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 08/22/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ YORKNAPA YORKVILLE NAPA AUTO PARTS 753661 06/22/06 01 STREETS-CABLE 01-410-62-00-5409 08/22/06 26.46 MAINTENANCE-VEHICLES INVOICE TOTAL: 26.46 755786 07/07/06 01 SEWER OP-ARMORALL 52-000-65-00-5805 08/22/06 8.98 SHOP SUPPLIES INVOICE TOTAL: 8.98 757194 07/17/06 01 POLICE-HITCH PIN 01-210-62-00-5409 08/22/06 4.99 MAINTENANCE - VEHICLES INVOICE TOTAL: 4.99 VENDOR TOTAL: 40.43 YORKPOST YORKVILLE POSTMASTER 073106 07/31/06 01 WATER OP-WATER REPORT MAILING 51-000-65-00-5808 08/22/06 969.95 POSTAGE & SHIPPING INVOICE TOTAL: 969.95 080406 08/04/06 01 ADMIN-BUSINESS REPLY MAIL 01-110-65-00-5808 08/22/06 660.00 POSTAGE & SHIPPING 02 PERMIT ANNUAL FEE ** COMMENT ** INVOICE TOTAL: 660.00 VENDOR TOTAL: 1,629.95 YOUNGM YOUNG, MARLYS 062006-COW 06/20/06 01 ADMIN-6/20 COW MINUTES 01-110-62-00-5401 08/22/06 128.38 CONTRACTUAL SERVICES INVOICE TOTAL: 128.38 VENDOR TOTAL: 128.38 YRKSTORG YORKVILLE SELF STORAGE, INC 080106-AUG 07/07/06 01 MUNICIPAL BLDG-AUG STORAGE 16-000-75-00-7203 08/22/06 150.00 BLDG IMPROVEMENTS-PUBLIC W INVOICE TOTAL: 150.00 VENDOR TOTAL: 150.00 TOTAL ALL INVOICES: 2,079,681.65 P47 UNITED CITY OF YORKVILLE PAYROLL SUMMARY PAY PERIOD ENDING 8/5/06 REGULAR OVERTIME TOTAL IMRF SOCIAL SECURITY TOTALS ADMINISTRATION $32,801.75 $0.00 $32,801.75 $2,536.24 $2,480.01 $37,818.00 ENGINEERING $10,342.82 $0.00 $10,342.82 $817.08 $776.01 $11,935.91 POLICE $64,988.14 $1,733.69 $66,721.83 $344.89 $5,063.27 $72,129.99 PUBLIC WORKS $25,408.85 $1,581.84 $26,990.69 $2,059.90 $2,056.09 $31,106.68 PARKS $15,813.15 $0.00 $15,813.15 $839.56 $1,203.19 $17,855.90 RECREATION $15,256.16 $0.00 $15,256.16 $1,029.56 $1,165.60 $17,451.32 LIBRARY $8,048.76 $0.00 $8,048.76 $334.25 $615.71 $8,998.72 TOTALS1 $172,659.63 $3,315.531 $175,975.16 $7,961.481 $13,359.88 $197,296.52 TOTAL PAYROLL 8/5/2006 $ 197,296.52 TOTAL INVOICES 8/22/2006 $ 2,079,681.65 TOTAL DISBURSEMENTS $ 21276,978.17 P48 PKgo �- I C/ry Reviewed By: J2 O� Legal ❑ City Council Finance ❑ EW. 'im Engineer ❑ -t „ /i City Administrator ❑ Agenda Item Tracking Number .: ?p Consultant El P KP�D -a co l�- C-1 ALE Human Resources ❑ Committee of the Whole Agenda Item Summary Memo Title: Raintree Park A Construction Bid City Council/COW/Committee Agenda Date: August 15, 2006 Synopsis: Raintree Park A Construction Bids will be discussed. Staff is recommending approval of a construction bid which covers the installation of the playground, snadbox, independent play pieces, paver seat wall, concrete walkway, and sitting area. This item was approved at the August 10 Park Board Meeting. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Approval of Construction Bid for Raintree Park A Submitted by: Dave Mottle, Director of Parks and Recreation Name Department Agenda Item Notes: United City of Yorkville Memo 800 Game Farm Road "im Yorkville, Illinois 60560 Telephone: 630-553-8545 � „ p Fax: 630-553-3436 Date: August 9, 2006 To: City Co �l _ From: Dave e, D'i'rector of Parks and Recreation CC: Subject: Raintree Park A Construction Bid Results and Recommendation STATEMENT OF ISSUE Award a contract for the construction of Raintree Park A which includes the installation of the playground, sandbox, independent play pieces,paver seat wall, concrete walkway, and sitting area. DISCUSSION Four contractors returned bids that were publicly opened on August 8t'with the following results: CONTRACTOR BASE BID TOTAL George's Landscaping, Inc. $54,163.00 J.E.M. Morris Construction, Inc. $45,840.00 The Kenneth Company $59,163.00 Kovilic Construction Company, In. $54,718.50 J.E.M. Morris was the low bidder and Staff recommends the acceptance of the bid. Once the bid is accepted we will be issuing a change order for the concrete work which will reduce the contract amount by$2,560.00 to bring the contract to a total of $43,280.50. This change will keep the project at budget. RECOMMENDATION Award a contract to J.E.M. Morris Construction in the amount of$45,840 for the construction of Raintree Village Park A. �Mov 2- �`��v Co.o United City of Yorkville .A County Seat of Kendall County 800 Game Farm Road EST. 1836 Yorkville, Illinois, 60560 Telephone: 630-553-4350 09 Fax: 630-553-7575 O Website: www.yorkville.il.us <CE 1�• August 9, 2006 TO: Committee of the Whole FROM: Anna B. Kurtzman, AICP C SUBJECT: Request for Zoning Variances PC 2006-38 (ZBA) 1402 N. Bridge Street—BP Amoco PUBLIC HEARING: On July 5, 2006, the Zoning Board of Appeals conducted a public hearing to consider the applicant's request for four(4) variances to the city's sign code. The Board is recommending that all the requested variances be approved with a condition that brick should be placed around the pole from the ground to the bottom of the sign. Since that meeting the applicant has provided staff with a rendering of what this would look like (see attached). REQUEST: The applicant, Steven McCleary, and the owner, BP Product North America, have filed an application to: 1. Increase the maximum number of wall signs on a single-use business building from 2 per facade (maximum of 4 per building)to 5 on the west facade and 3 on the south facade(total of 8 on the building). Of the 8 signs four(4) are considered"Point of Sale" and would change periodically as marketing changed. Of these four(4) signs two (2)would be located on the west facade and the other two (2)would be located on the south facade(Section 8-11-4:C(3a)), 2. Increase the total signage located on the property from the maximum of 325.32 sq ft to 391.31 sq ft(difference of 65.99 sq ft). The maximum allowable signage area is calculated by taking the linear building frontage and multiplying this by 2 sq ft. In this case there are three frontages that would be considered for this calculation: the 44' 4" along Route 34, the 96' along Route 47, and the 22' along Route 47 for the Car Wash building(Section 8-11-7:C), 3. Increase directional type signs from a maximum of 6 sq ft to 9 sq ft(Section 8-11- 7:D), Zoning Board of Appeals PC 2006-38 (ZBA) August 9, 2006 Page 2 of 3 4. Allow a sign along a facade that does not front a road or major driveway(Section 8- 11-7:C) CONDITIONS: This B-3 zoned property consists of two lots that are improved with an existing gas station/convenience store, car wash and restaurant. BP Amoco has purchased the restaurant property and for zoning purposes has combined the two lots into one zoning lot. The surrounding properties are zoned and used as indicated below: Zoning Use North B-3 Oil change shop South B-3 Undeveloped East B-3 Retail shops West B-3 Gas Station FINDINGS OF FACT: During the course of the public hearing the Zoning Board of Appeals reviewed the findings of facts as outlined in Section 8-11-11 F of the Municipal Code. The following is their responses to this section of code. Section 8-11-11F of the Municipal Code states: The zoning board of appeals shall require from the applicants such sketches, drawings, or photographs as shall be necessary to indicate the present condition of the property or sign and the condition of the property or sign after the variation is granted. The zoning board of appeals may impose reasonable restrictions or conditions which the applicant shall be required to observe if the variance is granted. In considering the application for variance, the zoning board of appeals shall consider: 1. Any unique physical property of the land involved, Because BP Amoco has purchased the lot to the north and due to the fact that the car wash will be impinging upon the shared lot line, the two properties are being considered to be a single zoning lot. The board determined that yes, there is a uniqueness to the property due to the existence of three buildings (the convenience store, the car wash and the existing Sunfield restaurant). The property is also unique in the fact that it is being redeveloped. 2. the available locations for adequate signing on the property, The Board determined that yes, there is adequate location on the property for signage. 3. the effect of the proposed sign on pedestrian and motor traffic, The Board indicated that due to the fact that the signage is being provided with the motorist in mind that there would be a positive impact upon traffi'c. 4. the cost to the applicant of complying with this chapter as opposed to the detriment, if any, The Board indicated that cost isn't a factor. Zoning Board of Appeals PC 2006-38 (ZBA) August 9, 2006 Page 3 of 3 5. to the public from the granting of the variance, and The Board determined that no, the public would not be adversely impacted by granting the variances. 6. general intent of this chapter. The Board determined that the general intent of the code was still being met even if the variances were granted. NEXT STEPS: The City Council will need to take action regarding the requested variances. If the Council elects to approve one or more of the variances (with or without conditions)then an ordinance should drafted. If the Council decides to reject all variances then no further action would be required. /abk Attachment C: T.Miller,W.Dettmer Filename: C:\Documents and Settings\Anna\My Documents\ZBA\1402 N Bridge-BP Amoco\BP Amoco COW 8-9-06.doc +� f s i i i i ea { �i i .J .ice 1 t ro Co.o United City of Yorkville J .s► County Seat of Kendall County 800 Game Farm Road EST �;�'1836 Yorkville, Illinois, 60560 Telephone: 630-553-4350 mss.„ Fax: 630-553-7575 v� Website: www.yorkville.il.us August 9, 2006 TO: Committee of the Whole 40-1 FROM: Anna B. Kurtzman, AICP SUBJECT: Request for Zoning Variances PC 2006-41 (ZBA) NEC US Route 34 & Countryside Pkwy-Walmart HEARING DATE: A public hearing to consider the merits of the applicant's request was scheduled for July 5, 2006. Due to the timing of materials being delivered to the City staff and the ZBA did not have an opportunity to review the materials prior to the hearing. As a result, the hearing was continued to August 2, 2006. Because of a lack of a quorum on August 2"d, the hearing was then continued to August 8d'. During August 8d',representatives from Walmart presented their requests. No one from the public was in attendance at any of the meetings. At the close of the hearing, the ZBA acted on a series of motions. The results of these motions included: 1. To recommend approval of the requested variances related to driveway width(increasing the driveway with {measured at the property line) from 25 feet to 36 feet), decreasing the width of the parking stalls (from 18.5 feet to 18 feet for 90 degree angled parking spaces and from 19 feet to 18 feet for 60 degree angled parking), and increase the height of the building from 35 feet to 41 feet 8 inches. They also recommended approval of the number and location of wall signs as reflected on the exhibit produced by PB Architecture and Engineering, dated April 4, 2006and revised May 17, 2006. All of these motions carried with a 6-0 vote. 2. The are recommending denying: a. Increasing the number of freestanding signs from 2 to 3. (There were two motions regarding this proposal. The first motion ended up being a split vote—3 in favor and 3 against. After further discussion a second motion was made to recommend approval of the requested variance. This motion failed 5-1.) b. Increasing the height of a pole sign from 30 feet to 20 feet(requested for 2 signs). (The motion to accept the requested variance failed with a vote of 0-6.) Committee of the Whole PC 2006-41 (ZBA) August 9, 2006 Page 2 of 5 c. Increasing the overall signage from 100 square feet to 140 square feet(for the 2 tall pole signs). (The motion to accept the requested variance failed with a vote of 1-5.) 3. The ZBA is recommending alternatives for the three pole signs. These alternatives include: a. For the pole sign that is internal to the lot(the sign that gives directions to the Tire and Lube Express area {commonly referred to by Walmart as the TLE sign)), the Board is recommending that this sign be designed as a monument style, consisting of a brick facade, with a height not to exceed 8 feet in height(as measured from the top of curb), and a sign area not to exceed 32 square feet. This motion carried with a 5-1 vote. b. For the two perimeter signs, the ZBA is recommending that they be designed as a monument style, consisting of a brick facade with columns to match the columns on the main building, with a height not to exceed 8 feet in height(as measured from the top of curb), and a sign area not to exceed 100 square feet. This motion carried with a vote of 4-2. 4. Finally, the ZBA is recommending that granting the requested building height variance, along with the last two recommendations listed above(those two recommendations that include reducing the height of signs to no higher than 8 feet)be considered as one single sign package and that these recommendations be considered as a compromise for granting variances that exceed the City's standards. This recommendation carried with a vote of 6-0-1. REQUEST: The applicant, Atwell-Hicks, and the owner, Don and Carol Hamman,have filed an application to: 1. Increase the maximum height of a principal building from 35 feet to 41 feet 8 inches (Section 10-7D-6), 2. Increase the maximum width of a curb cut from 25 feet to 36 feet(Section 10-11- 3:E), 3. Reduce the length of a parking stall from 18.5 feet for 90 degree parking stalls and from 19 feet for 60 degree parking stalls to 18 feet(Section 10-11-3:C), 4. Have a free standing sign located interior to the lot(Section 8-11-4-C2 stipulates that signage is to be located along the perimeter of the property), 5. Increase the maximum height of a free standing sign from the allowable 20 feet to 30 feet for two signs (one at the southeast corner of the property [adjacent to Route 34] and one along Countryside Parkway)(Section 8-11-4-C2), I II Committee of the Whole PC 2006-41 (ZBA) August 9, 2006 Page 3 of 5 6. Increase the maximum allowable area of a free standing sign from 100 sq ft to 140.5 feet for two free standing signs (Section 8-11-4-C2), 7. Increase the number of signs located on a facade from the maximum allowable of 2 per facade(total maximum of 4) to 19 along the south facade, 5 along the east facade and 8 along the west facade(Section 8-11-4-C3a). CONDITIONS: This unimproved property is approximately 25 acres and is zoned B-3 with approximately 6 acres in the northeast corner zoned R-2. The applicant has filed with the City an application to rezone these 6 acres from R-2 to B-3. The rezoning request is processed through the Plan Commission and will be sent to the City Council for final determination. The variance requests will be presented to the City Council after the request for rezoning has been presented. As the only variance request that is specifically tied to a zoning designation is the height variance, and as the building itself is not being impacted by the requested rezoning the rezoning request should not impact the ZBA's decision making. The surrounding properties are zoned and used as indicated below: Zoning Use North R2 Undeveloped, and Single-family detached residences South Incorporated Single-family detached residences East B3 Undeveloped West B3 Undeveloped Findings of Fact for Zoning Variances Prior to making their recommendations, the Zoning Board of Appeals reviewed the findings of fact for both the zoning variances and the sign variances. In regards to the zoning variances,the ZBA considered the provisions outlined in Section 10-14-5(C) of the Municipal Code. From this review they determined: a. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. The Board indicated that they felt the project could meet all the zoning requirements—that the variances were being sought to benefit Walmart and not for the public good. b. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification. The Board found that this property is unique in that it is corner lot. Committee of the Whole PC 2006-41 (ZBA) August 9, 2006 Page 4of5 c. The alleged difficulty or hardship is caused by this Title and has not been created by any person presently having an interest in the property. The ZBA indicated that they felt the hardships were being generated by the design of the site in regards to the large distance from Route 34 to the building. During testimony a discussion ensued regarding the fact that outlots were being created that further pushed the building away from Route 34. d. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. The Board stated that the wider driveway accommodated a turn lane and therefore created a safer turning movement. As a result, this is safer for the public than leaving the driveway at the required 25 foot maximum. A Walmart representative indicated that the total area for a parking stall was not being decreased as they were widening the width of each stall by an additional %2 foot. The ZBA concurred that this was helpful and that reducing the length of the parking stalls were not detrimental to the public welfare. As regarding the height variance, the ZBA determined that while the height might be considered a visual nuisance, the height is not something that is considered to be a detriment to the public safety. It was also noted that no one from the public commented on the requested variances, which was a further indication that the height variance is not something that is injurious to the public. e. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood. The Board indicated that the same responses given to "d"above also apply to this provision. It was further noted that there had been a discussion regarding fire department apparatus and the department's ability to put out afire at this location should afire occur. It had been determined that current fire fighting techniques and equipment should be adequate to address fighting afire at this location, even given the height of the building. Findings of Fact for Sign Variances During the course of the public hearing the Zoning Board of Appeals reviewed the findings of facts as outlined in Section 8-11-11F of the Municipal Code. The following is their responses to this section of code. Section 8-11-I IF of the Municipal Code states: The zoning board of appeals shall require from the applicants such sketches, drawings, or photographs as shall be necessary to indicate the present condition of the property or sign and the condition of the property or sign after the variation is granted. The zoning board of appeals may impose reasonable restrictions or conditions which the applicant shall be required to observe if the variance is granted. In considering the application for variance, the zoning board of appeals shall consider: 1. Any unique physical property of the land involved, In applying the sign code to this property it was determined that this property is not unique. Committee of the Whole PC 2006-41 (ZBA) August 9, 2006 Page 5 of 5 2. the available locations for adequate signing on the property, The Board determined that given the size of both the building and the lot, that there is adequate area for all the signage being requested. 3. the effect of the proposed sign on pedestrian and motor traffic, The Board indicated that they felt that purpose of the signage was to identify, to the general public, where Walmart is located and that the pole signs were too large—that signs that were reduced in size could still be seen by the general public. 4. the cost to the applicant of complying with this chapter as opposed to the detriment, if any, The Board indicated that cost isn't a factor. 5. to the public from the granting of the variance, and The Board felt that by granting the requested variances this would be a disservice to the public due to the size and amount of signage being proposed. 6. general intent of this chapter. The ZBA indicated that they felt that the sign code was put in place to control the location and size of signs to help ensure that signage in general does not become a nuisance to the public. They indicated that they felt that the requested variances were not in keeping with the general intent of the sign code. NEXT STEPS: The City Council will need to take action regarding the requested variances. If the Council elects to approve one or more of the variances (with or without conditions) then an ordinance should drafted. If the Council decides to reject all variances then no further action would be required. /abk Attachments C: T.Miller,W.Dettmer Filename: C:\Documents and Settings\Anna\My Documents\ZBA\Wahnart\Walmart COW 8-9-06.doc Ad Vic. # Tech LEASE AGREEMENT THIS LEASE AGREEMENT entered into as of this day of , 2006 by and between the UNITED CITY OF YORKVILLE ("Landlord") and Prime Directive Quick Link, Inc. ("Tenant") located at P.O. Box 157, "North Aurora, Illinois 60542 BACKGROUND A. Landlord is the owner in fee simple of a parcel of land located in the UNITED CITY OF YORKVILLE, Kendall County, Illinois legally described on the attached Exhibits "A" through_"E" (the "Premises"), on which municipal water towers (the "Water Tower") are located. The Water Towers are located on the Premises at and B. Tenant desires to lease space on the top of the Water Tower described below for the installation and operation of certain Antenna facilities, which may include Antenna, connecting cables and appurtenances (collectively, "Antenna Facilities") for use in connection with its communications business. C. Accordingly,the parties are entering into this Lease on the terms and conditions set forth below. AGREEMENT In consideration of their mutual covenants,the parties agree as follows: 1. Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord a portion of the Premises, consisting of space on the ground (the "Land") for a Base Station and on the top ("Dome") of the Water Tower, for the Tenant's Antenna Facilities. Tenant intends to locate its Antenna Facilities as described more fully on the attached Exhibit "F" . Tenant may not add additional equipment and/or Antenna facilities from that shown on Exhibit "F" without the prior written approval of the Landlord, except that upon Landlord's prior written consent which shall not unreasonably be withheld, conditioned, or delayed, Tenant shall have the right to: (a) make additions, alternations or improvements to Tenant's equipment housed within the Base Station; and (b) replace any or all of its equipment installed on or about the Dome with replacement equipment of a substantially similar kind, which is reinstalled in substantially the same place and position, and is of substantially the same size and weight as the replaced equipment. 2 Term. This Lease has been executed this _ day of , 2006 (hereinafter referred to as "The Execution Date"' but Tenant shall immediately be obligated within 60 days to commence payment of the full rental amount due hereunder; and the term of this Lease shall end on midnight on the last day of the month in which the forth (4th) anniversary of the Execution Date occurs (hereinafter referred to as "The Initial Term"). Tenant may extend the Lease, on the same terms, for three (3) "additional terms" of four(4) years each, (hereinafter "Extended Terms"') automatically, unless Tenant gives Landlord written notice within ninety (90) days of the end of the Initial Term or any Extended Terms stating Tenant will not extend further. 3. Rent. a. Tenant shall pay Landlord as monthly rent for the Premises the sum of $100.00 Dollars ("Base Rent") per water tower utilized by Tenant for the term of the Lease. Provided, however, that the Landlord in its sole and absolute discretion may accept the services described in Exhibit G (the Services) from the Tenant in lieu of base rent. If the landlord determines to accept the services the Tenant shall provide such services to the Landlord without any cost or expense to the Landlord. The Landlord may in its discretion from time to time in writing direct the Tenant to pay base rent or in lieu thereof provide the services. b. If Landlord requires payment of the Base Rent, Tenant shall pay Landlord a late payment charge equal to 3% of the late payment for any payment not paid when due. Any amounts not paid when due shall bear interest until paid at the rate of I%per month. C. As permitted in Section 4, if any additional Antenna Array is installed by Tenant, beyond the initial Antenna Array described in Section 4a. and illustrated in Exhibit "F", Tenant shall pay an additional annual fee of$100.00 ONE HUNDRED Dollars which shall increase annually under the same terms provided in this Lease (hereinafter referred to as "Additional Rent"). d. Upon execution of this Lease by Tenant, Tenant shall reimburse Landlord for its reasonable costs and expenses, including any engineering and legal fees incurred by Landlord in connection with the negotiation of this Lease, in an amount not to exceed$500.00. e. If this Lease is terminated at a time other than on the last day of the month, Rent shall be prorated as of the date of termination and, in the event of termination for any reason other than nonpayment of Rent, all prepaid Rents shall be refunded to the Tenant, except as otherwise provided herein. f. Base Rent and Additional Rent and all other considerations to be paid or provided by Tenant to Landlord shall constitute Rent and shall be paid or provided without offset, except as provided in. Section 17b, below. 4. Use of Premises. a. Tenant shall use the Premises for the installation, operation, and maintenance of its Antenna Facilities for the transmission, reception and operation of a communications system and uses incidental thereto and for no other uses. Landlord may permit others to use other portions of the Water Tower. Tenant may erect and operate one (1) antenna facilities and may expand to a maximum of two (2) such antenna arrays per tower, but only based upon Tenant having provided to Landlord, at Tenant's expense, a certified evaluation indicating that the additional antenna array will not interfere with any existing antenna or any proposed antenna, and the Dome can structurally support the additional antenna array. b. Tenant shall, at its expense, comply with all present and future federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to health, radio frequency emissions, other radiation and safety) in connection with the use, operation, maintenance, construction and/or installation of the antenna facilities and/or the Premises. Landlord agrees to cooperate reasonably with Tenant in obtaining, at Tenant's expense (including reimbursement of Landlord's reasonable attorney and administrative fees), any federal licenses and permits required for or substantially required by Tenant's use of the Premises. C. (1) The Tenant shall remove its Antenna Facilities from the Premises upon termination of the Lease. Such removal shall be done in a workmanlike and careful manner and without interference or damage to any other equipment, structures or operations on the Premises, including use of the Premises by Landlord or any of Landlord's assignees or lessees. If, however, Tenant requests permission not to remove all or a portion of the improvements, and Landlord consents to such non-removal, title to the affected improvements shall thereupon transfer to Landlord and the same thereafter shall be the sole and entire property of Landlord, and Tenant shall be relieved of its duty to otherwise remove same. (2)Upon removal of the improvements (or portions thereof) as provided above in sub-paragraph(Tenant shall restore the affected area of the Premises to the reasonable satisfaction of Landlord ordinary wear and tear excepted. (3) All costs and expenses for the removal and restoration to be performed by Tenant pursuant to subparts (1) and (2) above shall be borne by tenant, and Tenant shall hold Landlord harmless from any portion thereof. d. Tenant agrees that all installations and constructions described in this Lease shall be completed promptly in a neat, workmanlike manner, consistent with good engineering practices and in compliance with all applicable codes and regulations. All costs of the installation, including, but not limited,the cost of extending of Landlord's electrical service to Tenant's equipment, shall be paid by the Tenant. e. When the Tenant does any work on the Premises, it shall, at its own expense, remove any obstructions there from and restore the Premises to as good a condition as existed before the work was undertaken, unless otherwise directed by Landlord. 5. Construction Standards Tenant undertakes full and complete responsibility at all times hereafter for the expenses of, and quality of, construction and compliance with all applicable Federal, State and Local laws, regulations, and codes, code requirements and regulations of governmental authorities having jurisdiction over the construction including but not limited to compliance with acts affecting construction of public buildings and service areas used by public employees, and Tenant agrees to remedy or correct any deficiencies with such compliance. The construction shall be processed pursuant to permit and conducted by authorized and licensed personnel and shall be performed in compliance with Local and State requirements for construction activities upon public property. Tenant shall be responsible for all permit costs. Prior to the issuance of building permits, Tenant's contractor shall obtain, maintain and provide Landlord with evidence of each of the insurance coverage's specified in Section 22 of this Lease, in at least the amounts so specified. The Antenna Facilities and the Base Station shall be installed on the Premises in a good and workmanlike manner without the attachment of any construction liens. Landlord reserves the right to require Tenant to paint the Antenna Facilities in a manner consistent with the color of the Water Tower or to otherwise reasonably shield the Antenna Facilities from view. 6. Installation of Equipment. a. Tenant shall have the right, at its sole cost and expense, to install, operate and maintain on the Premises, in accordance with good engineering practices and with all applicable FCC rules and regulations, its Antenna facilities. b. Tenant's installation of all such Antenna Facilities shall be done according to plans approved by Landlord, which approval shall not be arbitrarily withheld, conditioned or delayed. Any damage done to the Land, the Water Tower or the Dome during installation and/or during operations shall be repaired or replaced immediately at Tenant's expense and to Landlord's reasonable satisfaction. In connection with the installation and operation of the Antenna Facilities, Tenant shall not make any penetrations of the Dome without Landlord's prior written consent, which shall not be arbitrarily withheld, conditioned or delayed. All Dome penetrations that may be permitted by Landlord shall be undertaken only under the supervision of Landlord's engineer or other designated agent. Tenant shall pay all costs and expenses in relation to maintaining the integrity of Landlord's Water Tower in connection with Tenant's installation and operations of the Antenna Facilities C. The Tenant shall complete the installation of the Antenna Facilities and Base Station as approved by the City within ninety (90) days after the Execution Date. The Tenant shall provide Landlord with as-built drawings of the Antenna Facilities and the Base Station installed on the Premises, which show the actual location of all equipment and improvements within thirty (30) days after completion of construction. Said drawings shall be accompanied by a complete and detailed inventory of all equipment,personal property, and Antenna Facilities. 7. Landlord's Right to Use Tenant shall allow Landlord, at no cost to Landlord, to locate, place and use Landlord's communications facilities (antennas, transmitters, receivers, and support equipment) on any of Tenant's mounting brackets or other facilities installed on the Water Tower which are capable of accommodating Landlord's additional antennas or related facilities without interfering with Tenant's Antenna facilities and without eliminating Tenant's right to expand its Antenna Facilities as permitted in Section 4, above. Tenant shall cooperate with Landlord in connection with locating and placing Landlord's antennas and other facilities on Tenant's Antenna Facilities on the Water Tower, at no expense to Tenant. 8. Equipment Upgrade. Tenant may update or replace the Antenna Facilities from time to time with the prior written approval of the Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed, provided that the replacement facilities installed on the Dome are not greater in number or size than the existing facilities. Any change in their location on the Water Tower shall be approved in writing by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. If the upgrade involves additional equipment installed on the Dome, or a change in location on the Water Tower. Tenant shall submit to Landlord a detailed proposal for any such replacement facilities and any supplemental materials as may be requested, for Landlord's evaluation and approval. 9. Maintenance. a. Tenant shall, at its own expense, maintain its Base Station and Antenna Facilities attached to the Dome in a safe condition, in good repair and in a manner suitable to Landlord so as not to conflict with the use of or other leasing of the Water Tower by Landlord and so as not to interfere with the use of the Dome, the Water Tower, related facilities or other equipment of other tenants. b. Tenant shall have sole responsibility for the maintenance, repair, and security of its equipment, personal property, Antenna Facilities, and leasehold improvements, and shall keep the same in good repair and condition during the Lease term. C. Tenant shall keep the Premises free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat,noise or interference. d. In the event the Landlord or any other tenant undertakes painting, construction or other alterations on the Water Tower, Tenant shall take reasonable measures at Tenant's cost to cover Tenant's equipment, personal property or Antenna Facilities and protect such from paint and debris fallout which may occur during the painting, construction or alteration process. e. If the Landlord determines that it is necessary and advisable to raise the height of the Water Tower for municipal purposes, the Landlord shall give the Tenant ninety (90) days written notice prior to the Execution of the construction to raise the Water Tower and, the Landlord shall coordinate the raising of the Water Tower to allow the Tenant to protect, modify and/or move its Antenna Facilities as required by the raising of the Water Tower. The Landlord shall not be liable or responsible for the costs to the Tenant for the protection, modification, and/or moving of the antenna and Antenna Facilities. 10. Premises Access. a. Tenant shall have access to the Premises and the Water Tower by means reasonably designated by Landlord, subject to notice requirements to Landlord in l Ob,below. b. Tenant shall have access to the Base Station at all times without notice to the Landlord. Tenant shall have access to the Water Tower only upon twenty-four (24) hour notice to the Superintendent of Water, except in emergencies, in which case notice shall be given as soon as practicable to the Superintendent of Water and/or the local Police Department. The Landlord shall have the right to have its Superintendent of Water, or designee, to accompany Tenant whenever Tenant accesses the Water Tower. 11. Co-Location. The Tenant understands that the Tenant may be co-locating on the Water Tower with other telecommunications providers. 12. Utilities. Tenant shall pay the estimated cost of electricity used by Tenant at the Premises to Landlord monthly in advance as payment in addition to the Base Rent. Initially, Tenant's estimated cost of electricity shall be one hundred and twenty six ($126) per year payable in equal monthly installments of ten dollars and fifty cents ($10.50) each together with the payment of Rent. The Tenant shall be allowed to utilize the Landlord's existing 110 volt outlets for electrical service on condition that the Tenant's use of an existing outlet does not interfere with the Landlord's use of such outlet. The Tenant further expressly acknowledges that the Landlord does not guarantee uninterrupted electrical service, and Landlord shall not be responsible for electrical outages or interruptions in electrical service used by the Tenant. 13. License Fees. Tenant shall pay, as they become due and payable, all fees, charges, taxes and expenses required for licenses and/or permits required for or occasioned by Tenant's use of the premises. 14. Testing: Approvals: Compliance with Laws. a. Tenant's use of the Premises is contingent upon its obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority including the Landlord. Tenant shall erect, maintain and operate its Antenna Facilities in accordance with site standards, statutes, ordinances, rules and regulations now in effect or that may be issued hereafter by the Federal Communications Commission or any other governing bodies, b. Tenant may conduct such tests and investigations on the Water Tower and the Premises as it deems necessary in order to determine if the Dome and the Premises are suitable for Tenant's use. 15. Interference. a. Tenant's installation, operation, and maintenance of its Antenna Facilities shall not damage or interfere in any way with Landlord's operations or related repair and maintenance activities or with such activities of other existing tenants. Tenant agrees to cease all such actions which materially interfere with Landlord's use of the Water Tower immediately upon actual notice of such interference, provided however, in such case, Tenant shall have the right to terminate the Lease without further liability, except for payments of amounts due at the time the Lease is terminated. Landlord, at all times during this Lease, reserves the right to take any action it deems necessary, upon written notice, in its sole discretion, to repair, maintain, alter or improve the Premises in connection with its operations as may be necessary, including leasing parts of the Water Tower to others provided that such activities and additional tenants shall not disturb or interfere with Tenant's rights hereunder and Tenant's ability to operate its Antenna Facilities at all times, except that Tenant shall reasonably cooperate with any other prior or subsequent Tenants as required. b. Before approving the placement of Antenna. Facilities, Tenant shall provide to Landlord, at Tenant's expense, an interference study indicating whether Tenant's intended use will interfere with any existing communications facilities on the Water Tower and an engineering study indicating whether the Dome is able to structurally support the Tenant's Antenna Facilities without prejudice to the Landlord's primary use of the Water Tower. c Landlord does not guarantee to Tenant subsequent noninterference with Tenant's communications operations, provided, however, that in the event any other party except a governmental unit, office or agency of the UNITED CITY OF YORKVILLE requests a lease and/or permission to place any type of additional Antenna or transmission facility on the Water Towers the procedures of Subsection d, below, shall govern to determine whether such Antenna or transmission facility will interfere with Tenant's transmission operations, d. If Landlord receives any such request, Landlord shall submit or cause to be submitted, a proposal complete with all technical specifications reasonably requested by Tenant to Tenant for review for noninterference; however, Landlord shall not be required to provide Tenant with any specifications or information reasonably claimed to be of a proprietary nature by the third party in good faith„ The third party shall be responsible for the reasonable cost of preparing the technical specifications for its proposed transmission facility. Tenant shall have thirty (30) days following receipt of said proposal to make any objections thereto, and failure to make any objection within said thirty (30) day period shall be deemed consent by Tenant to the installation of the antenna or transmission facilities pursuant to said proposal. If Tenant gives notice of objection due to interference during such thirty (30) day period and Tenant's objections are verified by Landlord to be valid, then Landlord shall not proceed with such proposal unless Landlord modifies the proposal in a manner determined to Tenant's reasonable satisfaction,to substantially reduce the interference. In that case, Landlord may proceed with the proposal. A governmental unit with jurisdiction of the UNITED CITY OF YORKVILLE may be allowed to place Antenna or other communications facilities on the Water Tower regardless of potential or actual interference with Tenant's use, provided however, if Tenant's use of the Premises is materially affected, Tenant may terminate the Lease. e. Tenant's use of the Land and operation of its Antenna Facilities shall not interfere with the use and operation of other communication facilities on the Water Tower which pre-existed Tenant's Antenna Facilities. If Tenant's Antenna Facilities cause interference with preexisting Antenna Facilities, Tenant shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated in a reasonable time, Tenant shall immediately cease operating its facility until the interference has been eliminated. If the interference cannot be eliminated within ninety (90) days, Landlord may terminate this Lease. In all cases, the most recent Tenant Antenna Facilities shall be responsible for curing any interference caused by the installation and/or operation of its antenna or other telecommunication devices on the Water Tower. 16 Default and Remedies. In the event of a default that is not timely cured, Landlord may terminate this Lease upon written notice to the Tenant and/or exercise any other right it may have under this Lease or by operation of law. a. It shall be a default if Tenant defaults in the payment or provision of Rent or any other sums or services to Landlord when due, and does not cure such default within thirty (30) days after written notice to Landlord; or if Tenant defaults in the performance of any other covenant or condition of this Lease and does not cure such other default within thirty (30) days after written notice from Landlord specifying the default complained of (provided that Tenant should be entitled to a reasonable extended period of time in the event Tenant has in good faith commenced and continues to take all necessary action to cure the default but is unable to do so within thirty (30) days, provided Tenant continues to pay the current Rent) or provide services when due); or if Tenant abandons or vacates the Premises; or if Tenant is adjudicated as bankrupt or makes any assignment for the benefit of creditors; or if Tenant becomes insolvent. b. In the event of a default, Landlord shall have the right, at its option, in addition to and not exclusive of any other remedy Landlord may have by operation of law, without any further demand or notice, to re-enter the Premises and eject all persons there from, and either (i) declare this Lease at an end, in which event Tenant shall immediately remove the Antenna Facilities (and proceed as set forth in paragraph 4(c)) and pay Landlord a sum of money equal to the total of (A) the amount of the unpaid rent accrued through the date of termination; (B) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's failure to perform its obligations. C. No re-entry and taking of possession of the Premises by Landlord shall be construed as an election on Landlord's part to terminate this Lease, regardless of the extent of renovations and alterations made by Landlord, unless a written notice of such intention is given to Tenant by Landlord. Notwithstanding any reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. d. If suit shall be brought by Landlord for recovery of possession of the Premises, for the recovery of any rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant, the Tenant shall pay to the Landlord all expenses incurred therefore, including reasonable attorney fees. 17. Cure of Default. a. In the event of any default of this Lease by Tenant, the Landlord may at any time, after written notice, cure the default for the account of and at the expense of the Tenant. If Landlord is compelled to pay or elects to pay any sum of money or to do any act which will require the payment of any sum of money or is compelled to incur any expense, including reasonable attorney fees in instituting, prosecuting or defending any action to enforce the Landlord's rights under this Agreement, the sums so paid by Landlord, with all interest, costs and damages shall be deemed to be Additional Rent and shall be due from the Tenant to Landlord on the first day of the month following the incurring of the respective expenses. b. In the event of any default of this Lease by Landlord, Tenant may at any time, after notice, cure the default for the account of and at the expense of Landlord. If Tenant is compelled to pay or elects to pay any sum of money or to do any act which will require the payment of any sum of money or is compelled to incur any expense, including reasonable attorney fees in instituting, prosecuting or defending any action to enforce Tenant's rights under this Agreement, the sums so paid by Tenant, with all interest, costs and damages may be deducted or offset by Tenant against the Base Rent payable on the first day of the month or months following the incurring of the respective expenses, 18. Optional Termination In addition to the termination rights set forth in other provisions of this Agreement, this Lease may be terminated upon 30 days written notice by either party: 19. Termination. Notice of termination pursuant to Section 18 shall be given in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice. All rentals paid for the Lease of the Premises prior to said termination date shall be retained by Landlord. Upon termination, this Lease shall become null and void and the parties shall have no further obligations to each other, except for that any claim for indemnity or defense which occurs prior to termination shall survive as shall Tenant obligations to reimbursement and reuse of the tower. 20. Alteration, Damage or Destruction. If the Water Tower or any portion thereof is altered, destroyed or damaged so as to materially hinder effective use of the Antenna Facilities through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon providing thirty (30) days' notice to Landlord. In such event, Tenant shall promptly remove the Antenna Facilities from the Premises and shall restore the Premises to the same condition as existed prior to this Lease, reasonable wear and tear. This Lease (and Tenant's obligation to pay rent) shall terminate upon Tenant's fulfillment of the obligations set forth in the preceding sentence, at which termination Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. Landlord shall have no obligation to repair any damage to any portion of the Premises. 21. Condemnation. In the event the Premises are taken by eminent domain, this Lease shall terminate as of the date title to the Premises vests in the condemning authority. In event a portion of the Premises is taken by eminent domain, such that Tenant's Antenna Facilities may no longer be supported and operated. Tenant shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days written notice to the Landlord. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the award paid for the taking (except as set forth below) and the Landlord shall receive full amount of such award. Tenant shall hereby expressly waive any right or claim to any portion thereof based on the fee of the Premises. Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant on account of the diminution in value of Tenant's leasehold estate or any and all damage to Tenant's business and any costs or expenses incurred by Tenant in moving/removing its equipment, personal property, Antenna Facilities, and leasehold improvements. 22. Indemnity and Insurance. a. Disclaimer of Liability: Landlord shall not at any time be liable for injury or damage occurring to any person or property arising out of Tenant's construction, maintenance, repair, use, operation, condition or dismantling of the Premises or Tenant's Antenna Facilities, unless caused by the negligent and intentional acts or omissions of Landlord or its agents or employees, b. Tenant's Indemnification. Unless caused by the negligent or intentional acts or omissions of Landlord or its agents or employees, Tenant shall, at its sole cost and expense, indemnify and hold harmless Landlord and all associated, affiliated, allied and subsidiary entities of Landlord, now existing or hereinafter created, and their respective officers, boards, commissions, employees, agents, attorneys, and contractors (hereinafter referred to as "Indemnitees"), from and against i. Any. and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the Indemnitees by reason of any act or omission of Tenant, its personnel, employees, agents, contractors or subcontractors, resulting in personal injury,bodily injury, sickness, disease or death to any person or damage to, loss of or destruction of tangible or intangible property, libel, slander, invasion of privacy and unauthorized use of any trademark, trade name, copyright, patent, service mark or arty other right of any person, firm or corporation., which may arise out of or be in any way connected with the construction, installation, operation, maintenance, use or condition of the Premises or Tenant's Antenna Facilities or the Tenant's failure to comply with any federal, state or local statute, ordinance or regulation. ii. Any and all liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and other consultants), which are imposed upon, incurred by or asserted against the Indemnitees by reason of any claim or lien arising out of work, labor, materials or supplies provided or supplied to Tenant, its contractors or subcontractors, for the installation, construction, operation, maintenance or use of the premises or Tenant's Antenna Facilities, and, upon the written request of Landlord, Tenant shall cause such claim or lien covering Landlord's property to be discharged or bonded within thirty (30) days following such request, iii. Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the Indemnitees by reason of any financing or securities offering by Tenant or its affiliates for violations of the common law or any laws, statutes, or regulations of the State of Illinois or United States, including those of the Federal Securities and Exchange Commission,whether by Tenant or otherwise. iv. Tenant's obligation to indemnify Indemnitees under this Lease shall extend to claims, losses, and other matters covered hereunder that are contributed to by the negligence of one or more Indemnitees. C. Assumption of Risk. Tenant undertakes and assumes for its officers, agents, affiliates, contractors and subcontractors and employees (collectively "Tenant" for the purpose of this section), all risk of inherent dangerous conditions, if any, on or about the Premises. d. Defense of Indemnities. In the event any action or proceeding shall be brought against the Indemnities by reason of any matter for which the Indemnities are indemnified hereunder, Tenant shall, upon notice from any of the Indemnities, at Tenant's sole cost and expense, resist and defend the same with legal counsel selected by Tenant; provided however, that Tenant shall not admit liability in any such matter on behalf of the Indemnities without the written consent of Landlord and provided further that Indemnities shall not admit liability for, nor enter into any compromise or settlement of, any claim for which they are indemnified hereunder,without the prior written consent of Tenant. e. Notice. Cooperation and Expenses. Landlord shall give Tenant prompt notice of the making of any claim or the Execution of any action, suit or other proceeding covered by the provisions of this paragraph. Nothing herein shall be deemed to prevent Landlord from cooperating with Tenant and participating in the defense of any litigation by Landlord's own counsel. Tenant shall pay all expenses incurred by Landlord in response to any such actions, suits or proceedings. These expenses shall include all out-of-pocket expenses such as reasonable attorney fees and shall also include the reasonable value of any services rendered by the Landlord's attorney, and the actual expenses of Landlord's agents, employees or expert witnesses, and disbursements and liabilities assumed by Landlord in connection with such suits, actions or proceedings but shall not include attorneys' fees for services that are unnecessarily duplicative of services provided Landlord by Tenant. If Tenant requests Landlord to assist it in such defense then Tenant shall pay all expenses incurred by Landlord in response thereto, including defending itself with regard to any such actions, suits or proceedings. These expenses shall include all out-of-pocket expenses such as reasonable attorney fees and shall also include the costs of any services rendered by the Landlord's attorney, and the actual expenses of Landlord's agents, employees or expert witnesses, and disbursements and liabilities assumed by Landlord in connection with such suits, actions or proceedings, f. Insurance. During the term of the Lease, Tenant shall (unless optional as set forth below) maintain, or cause to be maintained, in full force and effect and at its sole cost and expense, the following types and limits of insurance: i. Worker's compensation insurance meeting applicable statutory requirements and employer's liability insurance with minimum $100,000 for each accident. ii. Comprehensive commercial general liability insurance with minimum limits of $1,000,000, with a $2,000,000 minimum umbrella as the combined single limit for each occurrence of bodily injury,personal injury and property damage. The policy shall provide blanket contractual liability insurance for all written contracts, and shall include coverage for products and completed operations liability, independent contractor's liability, coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage. iii. Automobile liability insurance covering all owned, hired, and non-owned vehicles in use by Tenant, its employees and agents, with personal protection insurance and property protection insurance to comply with the provisions of state law with minimum limits of $100,000 as the combined single limit occurrence for bodily injury, and property damage; iv. At the start of and during the period of any construction, builders all risk insurance, together with an installation floater or equivalent property coverage covering cables, materials, machinery and supplies of any nature whatsoever which are to be used in or incidental to the installation of the Antenna Facilities. Upon completion of the installation of the Antenna Facilities, Tenant shall substitute for the foregoing insurance with policies of fire, extended coverage and vandalism and malicious mischief insurance on the Antenna Facilities. The amount of insurance at all times shall be representative of the insurable values installed or constructed. V. At Tenant's option, Business interruption insurance coverage in an amount sufficient to cover such loss of revenues, for the period of time which it would take, under normal circumstances, to repair or replace that part(s) of the Antenna Facilities which is damaged and caused the loss of revenue. vi. All policies other than those for Worker's Compensation shall be written on an occurrence and not on a claims made basis. vii. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated. h. Named Insured's. All policies, except for business interruption and worker's compensation policies, shall specifically name Landlord, including generally all associated, affiliated, allied and subsidiary entities of Landlord, now existing or hereafter created, and their respective officers, boards, commissions, employees, agents and contractors, as their respective interests may appear as additional insured's (herein referred to as the "Additional Insured's"). Each policy which is to be endorsed to add Additional Insured's hereunder, shall contain cross-liability wording, as follows. "In the event of a claim being made hereunder by one insured for which another is or may be liable, then this policy shall cover such insured against whom a claim is or may be made in the same manner as if separate policies had been issued to each insured hereunder. " i. Evidence of Insurance, Certificates of insurance for each insurance policy required to be obtained by Tenant in compliance with this paragraph, along with written evidence of payment of required premiums shall be filed and maintained with Landlord annually during the term of the Lease. Tenant shall immediately advise Landlord of any claim or litigation that may result in liability to Landlord. j. Cancellation of Policies of Insurance. All insurance policies maintained pursuant to this Lease shall contain the following endorsement: 'At least thirty (30) days prior written notice shall be given to Landlord by the insurer of any intention not to renew such policy or to cancel, replace or materially alter same, such notice to be given by registered mail to the parties named in this paragraph of the Lease." k. Insurance Companies. All insurance shall be effected under valid and enforceable policies, insured by insurers licensed to do business by the State of Illinois or surplus line carriers on the State of Illinois Insurance Commissioner's approved list of companies qualified to do business in the State of Illinois. All insurance carriers and surplus line carriers shall berated A- or better by A.M. Best Company, or the highest available rating. 1. Deductibles. All insurance policies may be written with deductibles, not to exceed $500 unless approved in advance by Landlord, Tenant agrees to indemnify and save harmless Landlord, the Indemnities and Additional Insured's from and against the payment of any deductible and from the payment of any premium on any insurance policy required to be furnished by this Lease, m. Contractor.Jenant shall require that each and every one of its contractors and their subcontractors who perform work on the Premises to carry, in full force and effect, workers' compensation, comprehensive public liability and automobile liability insurance coverage's of the type which Tenant is required to obtain under the terms of this paragraph with appropriate limits of insurance. The Landlord shall also be named as an additional insured on such policies. n. Review of Limits. At Landlord's option, no more than twice during each term of this Lease,the parties shall mutually and in good faith review the insurance coverage's to be carried by Tenant. If Landlord determines that higher limits of coverage are necessary to protect the interests of Landlord or the Additional Insureds, Tenant shall be so notified, and the parties shall mutually agree upon the additional limits of insurance to be provided at the Tenant's sole cost and expense. If the parties are unable to reach an agreement on the modification of the limits of the insurance, the parties shall mutually agree upon a person in the insurance industry within thirty (3 0) days from the written request of either party to determine what are the standard limits for insurance of the type specified in substantially similar circumstances. 23. Hazardous Substance Indemnification. Tenant represents and warrants that its use of the Premises herein will not generate any hazardous substance, and it will not store or dispose on the premises nor transport to or over the Premises any hazardous substance. Landlord represents that it has no knowledge of the existence of any hazardous substance on, in, or under the Premises. Tenant further agrees to hold Landlord harmless from and indemnify Landlord against any release of any such hazardous substance caused by Tenant or its employees or agents and any damage, loss, or expense or liability resulting froth such release including all attorneys' fees, costs and penalties incurred as a result thereof. 24. Landlord agrees to hold the Tenant harmless from and indemnify and defend the Tenant Indemnitees against any release of hazardous substances and any damage, loss, liability or expense including but not limited to reasonable attorney's fees, incurred as a result thereof, except to the extent caused by the negligent or intentional acts or omissions of Tenant or its employees or agents. " Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 25. Holding Over. Any holding over after the expiration of the term hereof, with the consent of the Landlord, shall be construed to be a tenancy from month to month at one and one-half(1.5)times the Base Rent herein specified (prorated on a monthly basis) and shall otherwise be for the term and on the conditions herein specified, so far as applicable. 26. Subordination to Mortgage. Any mortgage now or subsequently placed upon any property of which the Premises are a part shall be deemed to be prior in time and senior to the rights of the Tenant under this Lease- Tenant shall subordinate all of its interest in the leasehold estate created by this Lease to the lien of any such mortgage. Tenant shall, at Landlord's request, execute any additional documents necessary to indicate this subordination,provided that such documents contain reasonable non-disturbance provisions. 27. Acceptance of Premises. Landlord represents that the Water Tower and the Premises are in compliance with all applicable federal, state and local building, environmental and other applicable statutes, laws, regulations, codes and orders, By taking possession of the Premises, Tenant accepts the Premises in the condition existing as of the Execution Date. Except as set forth in this Section, Landlord makes no representation or warranty with respect to the condition of the Premises and Landlord shall not be liable for any latent or patent defect in the Premises. 28. Estoppel Certificate. Tenant shall, at any time and from time to time upon not less than ten (14) days prior request by Landlord, deliver to Landlord a statement in writing certifying that (a) the Lease is unmodified and in full force (or if there have been modifications, that the Lease is in full force as modified and identify the modifications), (b) the dates to which rent and other charges have been paid; (c) so far as the person making the certificate knows, Landlord is not in default under any provisions of the Lease (or if a default exists, specifying the nature of the default); and (d) such other matters as Landlord may reasonably request. 29. Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested; to the following addresses: If to Landlord,to: City Administrator With a copy to: UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 If to Tenant,to: PDQLink, Inc. With a copy to: P.O. Box 157 North Aurora, IL 60542 30. Assignment. a. Tenant may not assign this Lease or sublet the Premises without the prior written consent of Landlord at any time, except to an affiliate or successor of interest, but such assignment or sublease shall be effective as to Landlord until written consent thereof is provided from Landlord. b.Nothing in this Lease shall preclude Landlord from leasing other space for communications equipment to any person or entity which may be in competition with Tenant, or any other parry. 31. Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the parties, their respective successors,personal representatives and assigns. 32. Non-Waiver. Failure of Landlord to insist on strict performance of any of the conditions, covenants, terms or provisions of this Agreement or to exercise any of its rights hereunder shall not waive such rights, but Landlord shall have the rights to enforce such rights at any time and take such action as might be lawful or authorized hereunder, either in law or equity. The receipt of any sum paid by Tenant to Landlord after a breach of this Agreement shall not be deemed a waiver of such breach unless expressly set forth in writing. 33. Taxes. a. Tenant shall pay all real and personal property taxes (or payments in lieu of taxes) and assessments for the Antenna Facilities, if any, which become due and payable during the term of this Lease improvements on the Leased Premises, or Tenant's leasehold interest in the Leased Premises. All such payments shall be made, and evidence of all such payments shall be provided Landlord, at least ten (10) days prior to the delinquency date of the payment. Tenant shall pay all taxes on its personal property on the Premises. b. Tenant shall indemnify Landlord from any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against Tenant in relation to the taxes owed or assessed on the Premises. c. If the methods of taxation in effect at the Execution Date of the Lease are altered so that in lieu of or as a substitute for any portion of the property taxes and special assessments now imposed on property there is imposed a tax upon or against the rentals payable by Tenant to Landlord, Tenant shall pay those amounts in the same manner as provided for the payment of real and personal property taxes. 34. Cooperation. a. Landlord agrees to cooperate with Tenant in any efforts by Tenant to secure any governmental permits necessary to use the Leased Premises as contemplated in this Lease, and to join in any application or other document reasonably requested by Tenant within ten(10) days of Tenant's written request. b. Each party shall provide to the other party a telephone number which will be answered by a representative of such parry twenty-four (24) hours a day for use only in the event of an emergency. Each party agrees to notify the other party if there is a change in the emergency telephone number. 35. Entire Understanding / No Oral Modification. All prior understandings and agreements between the parties are merged into this Lease, and this Lease may not be modified orally or in any manner other than by an agreement in writing signed by both parties. 36. Miscellaneous Documentation. a. Landlord agrees to furnish Tenant with certified copy of Landlord's resolutions authorizing execution of this Lease. b. Tenant represents that it is not delinquent in any taxes as contemplated by Section 11-42.1-1 of the Illinois Municipal Code. 37. Lease Memorandum. Simultaneous with the execution of this Lease, the parties have executed a Memorandum of Lease. Tenant may record the Memorandum of Lease- If Tenant's survey requires a correction to the legal description rider attached to the Memorandum of Lease, the parties shall execute an Addendum to Lease Agreement. 38. Miscellaneous. a. Landlord and Tenant represent that each, respectively, has full right,power, and authority to execute this Lease. b. This Lease shall be construed in accordance with the laws of the State of Illinois. C. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. d. The parties shall execute and Tenant shall record a memorandum of this Lease which shall contain the initial term, Tenant's renewal options and such other basic provisions as Tenant may reasonably request. This Lease was executed as of the date first set forth above. LANDLORD: UNITED CITY OF YORKVILLE By: Its Mayor By: Its Clerk TENANT: By: Michael R. Anderson Title: Chief Technical Officer, PDQLink Exhibit A—Legal Description of Tower(s) Exhibit B—Site Plan Exhibit C - Equipment/Antenna Facilities Exhibit D—Services provided Exhibit E—Services in lieu of Base Rent 1. Services in lieu of Base Rent a. In consideration and exchange for services in lieu of Base Rent for Tenants Water Tower Antenna Facilities, Tenant will provide Broadband Internet Services to the Landlord in separate locations designated by the Landlord, at no expense to the Landlord. b. Tenant is not responsible for any internal "networking" issues associated with providing such Broadband Internet Services to the Landlord. Any and all"networking" equipment in providing such Broadband Internet Services to the Landlord will be at the sole expense of the Landlord. C. Tenant will also provide at Landlords sole discretion, Web Hosting Services for Official Governmental Agency, and at no expense to the Landlord. d. Tenant will provide to Landlord, unlimited email accounts in association with hosting the Official Governmental Agency web site. EXHIBITS A—Legal Description of property located at B—Legal Description of property located at C—Legal Description of property located at D—Legal Description of property located at E—Legal Description of property located at F—Antenna Facilities Equipment Description G—Services EXHIBIT F—Antenna Facilities Equipment Description EXHIBIT G—Services 1. As stipulated in paragraph 3a of this Lease, Landlord in its sole and absolute discretion may accept the services described more fully herein in lieu of Rent. a. At no cost to the Landlord, Tenant shall provide free Wi-Fi internet access to as many city parks as feasibly possible without causing undue hardship on the Tenant. b. At no cost to the Landlord, Tenant shall provide free Wi-Fi internet access to the city owned facility known as the Beecher Center as feasibly possible without causing undue hardship on the Tenant. c. At no cost to the Landlord, Tenant shall provide a minimum of one internet accessible camera per water tower for public access viewing as feasibly possible without causing undue hardship on the Tenant. d. At no cost to the Landlord, Tenant shall assist the city IT personnel will matters regarding the cities planned use of wireless devices.