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Committee of the Whole Packet 2006 09-19-06 ♦'��`o car o United City of Yorkville .0 800 Game Farm Road r 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 AGENDA ECONOMIC DEVELOPMENT COMMITTEE PUBLIC WORKS COMMITTEE COMMITTEE OF THE WHOLE Tuesday, September 19, 2006 7:00 p.m. City Conference Room Revised 9/15/06 Public Hearing: None Presentations: 1. Walnut Enclave Concept Plan 2. Sexton Development—Rob Roy Falls Concept Plan Economic Development Committee: 1. Economic Development Minutes —July 27, 2006 2. EDC 2006-25 Building Permit Report for August 2006 3. PC 2005-52 Kleinwachter—Preliminary Plan 4. PC 2006-26 Cobblestone —Preliminary PUD, Preliminary Plat and Draft Development Agreement 5. PC 2006-50 Prairie Pointe —Preliminary Plan and Final Plat 6. PC 2006-57 Prestwick of Yorkville Unit 2—Final Plat 7. PC 2006-63 Kendallwood Estates —Final Plat 8. PC 2006-05 Bristol Ridge —Annexation, Zoning, and Preliminary Plan 9. PC 2005-44 Schramm—Annexation and Zoning 10. PC 2006-61 GCM Properties — Special Use Request 11. PC 2006-78 Westhaven—Lakewood Homes —PUD Amendment Request 12. PC 2006-37 O'Keefe Property—Annexation 13. PC 2006-34 Kendall Marketplace —Rezoning Page 2 Committee of the Whole September 19, 2006 Economic Development Committee (con't): 14. EDC 2006-19 South Area Joint Engineering Funding Agreement 15. EDC 2006-23 Amend SSA Policy Public Works Committee: 1. PW 2006-146 Water Department Report for June 2006 2. PW 2006-147 Water Department Report for July 2006 3. PW 2006-148 IDOT Highway Permit and Resolution— Walnut Plaza 4. PW 2006-149 IDOT Highway Permit and Resolution—BP Amoco 5. PW 2006-150 IDOT Highway Permit and Resolution—Fountain Village 6. PW 2006-151 Prestwick (Unit 1) —Earthwork Letter of Credit Reduction #2 7. PW 2006-152 Prestwick (Unit 1) — Sitework Letter of Credit Reduction #3 8. PW 2006-153 Raintree Village Unit 6 —Theoretical Construction Guarantee Reduction No. 2 9. PW 2006-154 River's Edge Subdivision Unit 1 — Warranty Letter of Credit Expiration 10. PW 2006-155 Galena Road Watermain— Change Order#1 11. PW 2006-156 Walnut Plaza—Plat of Dedication and Plat of Easement 12. PW 2006-157 YMCA—Pool Property Construction Easement 13. PW 2006-158 IDOT Request— Subordination of Surface Rights for Southeast Corner of Route 47 and Countryside Parkway 14. PW 2006-159 ComEd Interceptor—Easement Letter Agreement 15. PW 2006-160 Yorkville Market Square — Sidewalk Agreement 16. PW 2006-161 Garden Club Proposal for Hanging Baskets in Downtown Area 17. PW 2006-162 Sale of Generator 18. PW 2006-163 Updated 6-year Capital Improvement Program 19. PW 2006-126 Road Fee Policy 20. PW 2006-164 Revised Landscape Ordinance Page 3 Committee of the Whole September 19, 2006 Public Works Committee (con't): 21. PW 2006-165 BP Amoco Redevelopment— Sidewalk Agreement 22. PW 2006-166 IDOT Highway Permit and Resolution— Speedway City Council Requests: 1. Discuss Committee Liaisons Detail Board Report (Bill List): Park Board: 1. No Report. Mayor: 1. ZBA 2006-58 O'Brien—207 W. Ridge Street— Side Yard Setback Variance 2. COW 2006-08 Ordinance Imposing a Fee, Tax or Surcharge on the Permanent Disposal of Solid Waste Executive Session: 1. For the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. Additional Business: o United City of Yorkville '" 800 Game Farm Road E r. 1 1 836 Yorkville, Illinois 60560 -4 Telephone: 630 -553 -4350 09 "� Fax: 630 -553 -7575 K � LE AGENDA ECONOMIC DEVELOPMENT COMMITTEE PUBLIC WORKS COMMITTEE COMMITTEE OF THE WHOLE Tuesday, September 19, 2006 7:00 p.m. City Conference Room Public Hearing: None Presentations: 1. Walnut Enclave Concept Plan 2. Sexton Development — Rob Roy Falls Concept Plan Economic Development Committee: 1. Economic Development Minutes — July 27, 2006 2. EDC 2006 -25 Building Permit Report for August 2006 3. PC 2005 -52 Kleinwachter — Preliminary Plan 4. PC 2006 -26 Cobblestone — Preliminary PUD, Preliminary Plat and Draft Development Agreement 5. PC 2006 -50 Prairie Pointe — Preliminary Plan and Final Plat 6. PC 2006 -57 Prestwick of Yorkville Unit 2— Final Plat 7. PC 2006 -63 Kendallwood Estates — Final Plat 8. PC 2006 -05 Bristol Ridge — Annexation, Zoning, and Preliminary Plan 9. PC 2005 -44 Schramm — Annexation and Zoning 10. PC 2006 -61 GCM Properties — Special Use Request 11. PC 2006 -78 Westhaven — Lakewood Homes — PUD Amendment Request 12. PC 2006 -37 O'Keefe Property — Annexation 13. PC 2006 -34 Kendall Marketplace — Rezoning I Page 2 Committee of the Whole September 19, 2006 Economic Development Committee (con't): 14. EDC 2006 -19 South Area Joint Engineering Funding Agreement 15. EDC 2006 -23 Amend SSA Policy Public Works Committee: 1. PW 2006 -146 Water Department Report for June 2006 2. PW 2006 -147 Water Department Report for July 2006 3. PW 2006 -148 IDOT Highway Permit and Resolution — Walnut Plaza 4. PW 2006 -149 IDOT Highway Permit and Resolution — BP Amoco 5. PW 2006 -150 IDOT Highway Permit and Resolution — Fountain Village 6. PW 2006 -151 Prestwick (Unit 1) — Earthwork Letter of Credit Reduction 42 7. PW 2006 -152 Prestwick (Unit 1) — Sitework Letter of Credit Reduction #3 8. PW 2006 -153 Raintree Village Unit 6 — Theoretical Construction Guarantee Reduction No. 2 9. PW 2006 -154 River's Edge Subdivision Unit 1 — Warranty Letter of Credit Expiration 10. PW 2006 -155 Galena Road Watermain — Change Order 41 11. PW 2006 -156 Walnut Plaza — Plat of Dedication and Plat of Easement 12. PW 2006 -157 YMCA — Pool Property Construction Easement 13. PW 2006 -158 IDOT Request — Subordination of Surface Rights for Southeast Corner of Route 47 and Countryside Parkway 14. PW 2006 -159 ComEd Interceptor — Easement Letter Agreement 15. PW 2006 -160 Yorkville Market Square — Sidewalk Agreement 16. PW 2006 -161 Garden Club Proposal for Hanging Baskets in Downtown Area 17. PW 2006 -162 Sale of Generator 18. PW 2006 -163 Updated 6 -year Capital Improvement Program 19. PW 2006 -126 Road Fee Policy 20. PW 2006 -164 Revised Landscape Ordinance Page 3 Committee of the Whole September 19, 2006 Public Works Committee (con't): 21. PW 2006 -165 BP Amoco Redevelopment — Sidewalk Agreement 22. PW 2006 -166 IDOT Highway Permit and Resolution — Speedway Citv Council Requests: 1. Discuss Committee Liaisons Detail Board Report (Bill List): Park Board: 1. No Report. Mavor: 1. ZBA 2006 -58 O'Brien — 207 W. Ridge Street — Side Yard Setback Variance Executive Session: 1. For the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. Additional Business: I II I I Foc # 3 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION APPROVING THE PRELIMINARY PLAN OF SUBDIVISION FOR KLEINWACHTER WHEREAS,the City Council of the United City of Yorkville has considered a Petition to approve the Preliminary Plan of Subdivision for the Kleinwachter Subdivision; and WHEREAS,the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Preliminary Plan of Subdivision; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the following action is hereby taken by the City Council of the United City of Yorkville: 1. The Preliminary Plan of Subdivision for the Kleinwachter Subdivision is approved and all appropriate City officials are hereby authorized to execute same subject to staff comments and legal review. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville,Kendall County, Illinois,this day of , A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Ebc 5 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION APPROVING THE PRELEMINARY PLAN AND FINAL PLAT OF SUBDIVISION FOR PRAIRIE POINTE WHEREAS,the City Council of the United City of Yorkville has considered a Petition to approve the Preliminary Plan and Final Plat of Subdivision for the Prairie Pointe; and WHEREAS,the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Preliminary Plan and Final Plat of Subdivision; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the following action is hereby taken by the City Council of the United City of Yorkville: 1. The Preliminary Plan and Final Plat of Subdivision for Prairie Pointe are approved and all appropriate City officials are hereby authorized to execute same subject to staff comments and legal review. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville,Kendall County, Illinois, this day of ,A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this day of ,A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Em STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR PRESTWICK OF YORKVILLE UNIT 2 WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Final Plat of Subdivision for the Prestwick of Yorkville Subdivision,Unit 2; and WHEREAS,the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Final Plat of Subdivision; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the following action is hereby taken by the City Council of the United City of Yorkville: 1. The Final Plat of Subdivision for the Prestwick of Yorkville Subdivision, Unit 2 is approved and all appropriate City officials are hereby authorized to execute same subject to staff comments and legal review. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this day of ,A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR KENDALLWOOD ESTATES WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Final Plat of Subdivision for the Kendallwood Estates; and WHEREAS,the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Final Plat of Subdivision; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the following action is hereby taken by the City Council of the United City of Yorkville: 1. The Final Plat of Subdivision for the Kendallwood Estates Subdivision is approved and all appropriate City officials are hereby authorized to execute same subject to staff comments and legal review. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of ,A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of ,A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville,IL 60560 630/553-4350 pp PC# APPLICATION & PETITION TO AMEND ANNEXATION or PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT Development Name: Westhaven Date of Submission: September 1, 2006 1. Name ofPetitioner(s): Lakewood Homes, Inc. Address: 2700 W. Higgins, Ste. 100, Hoffman Estates, IL 60169 Phone Number: (847) 884-5800 Fax Number: (847) 884-89"86 Relationship of Petitioner(s)to subject property: [] Owner ® Developer ® Contract Purchaser 2. Name of holder of legal title, if different from#1: NPLIy 10 LLC, MPLIV 20- LLC, MLH Yorkvil I e LLC If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: 3. a). Street address and physical location of subject property: NW corner of Galena Rd. and Route 47 b). Legal description of property; attach as Exhibit"A". c). Total Acreage: Approx. 587 d). Kendall County Parcel Number(s) of property: P1 ease Gee attached e). Current Zoning Classification: R-.3 PUD, R-2, B-3 f). Zoning Classification Requested if changing zoning: No change; ,modifying areas 4. Names and addresses of any adjoining or contiguous landowners entitled to notice of petition under any applicable City ordinance or State Statute: (Please attach a separate list as Exhibit"B".) to increase the areas of B-3 and R-.3 PUD and decrease area of R-2. Page 1 of 5 United City of Yorkville AmendAnnexation/PUD Application Revised- 2/25104 5. Date of Annexation or PUD Agreement sought to be amended: Sept. 27, 2005 Name of Agreement: Annexation Agreement & Planned Development Agreement (Garritano Brummel Property Date of Recording: April 7, 2006 Attach a true and correct copy of agreement as Exhibit"C". 6. State the items to be amended from the existing annexation or PUD agreement. Please see attached. 7. Contact Information: Name, address,phone number and fax number of person to whom inquiries regarding this petition may be directed: James Truesdell, Lakewood Homes, Inc. , 2700 W. Higgins, Ste. 100, Hoffman Estates, IL 60169 Phone: (847) 884--8800 Fax; (847) 884 78986 Attorney: Name: John Mays, Gould & Ratner Address: 222 N. La Salle, Ste. 800, Chicago, 3L 60601 Phone Number: (312) 236-3003 Fax Number: (312) 236-3241 Engineer: Name: Pete Huinker, Smith Engineering Address: 759 John St. , Yorkville, IL 60560 Phone Number: (630) 553-7560 Fax Number: (530) 553-7646 Land Planner: Name: Pete 'Verdicchio, SEC Planning Consultants Address: 12357 Riata Trace Parkway, Ste. A205, Austin, TX 78727 Phone Number: (512) '246-7003 Fax Number: (=512) 246.-7703 8. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to page 4 of this application"Petitioner Route, Step 1, Fees and/or contact the Deputy Clerk for verification of this amount). c. Site Plan(if necessary): 40 sets folded to fit in a 10" x 13"envelope In witness whereof the following petitioner(s)have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Page 2 of 5 United City of Yorkville AmendAnnexation/PUD Application Revised: 2/25/04 SEP-01-2006 08:22 P.004 Date, 8/30/06 Pe6tioner(s) Signature: (All legal property owners of record sipartres must appear on this application.) MPLTV 10 LLC Subscribed and sworn to before me this day of (loot- ---%200 OF SEAL ROSEMARY CALIENDO NOTARY PUBLIC,STATE OF ILLINOIS J j�or Seal MY COMMISSION EXPIRES 8.30.2008 MSAPPLIC42IONMl'7ST BE NOTARIZED. peke 3 of 5 Uoitod City of YorkvAle.AmcndA mcmdon/PUD AppUcation Rcvin& 225/04 SEP-01-2006 08:22 P.005 Date: 8/30/06 Petitioner(s)Signatm: (An legal property owaen o£rword signs h res must appear on this application) MPLIV 20 LLC "°,,.� Subscribed and sworn to before me this%X day of [ 200 FOFFICIAL SEAL , ROSEMARY CALIENDO NOTARY PUBLIC,STATE OF ILLINOIS `. Notary Seal MY COMMISSION EXPIRES 6.30.2008 nUSAPPLICATIONMUST BENOTAHZED. Page 3 of 3 L3aioed City of Yo&vMc APPU=dm Rcviscd 2!25/04 SEP-01-2006 08:22 P.006 Date: 8l30JO6 Petitioner(s) Signature: (All legal property owners of record signatares maut appear on this applica6oa.) ME Yorkville LLC Subscribed and swom to before me this day of ,200 FOFFICIAL SEAL R®SEMARY CALIENDO ARY PUBLIC,STATE OF ILLINOIS Notary Seal MY COMMISSION EXPIRES 5.30.2008 TZXSAPPLICAHON MUST BE NOTARIZED. Poe 3 of 5 Unjwd City of YorkvMc AmondAn==on/PUD Application Rcvm&, 2125MM Date: 8/30/06 Petitioner(s) Signature: (All legal property owners of record signatures must appear on this application.) Lakewood Homes, Inc. ubscribed and sworn to before me this day of .� . f , 200 OFFICIAL SEAL &4OWQ ROSEMARY CALIENDO NOTARY PUBLIC,STATE OF IWNOIS Notary Se MY COMMISSION EXPIRES 5-30-2008 THIS APPLICATION MUST BE NOTARIZED. Page 3 of 5 United City of Yorkville AmendAnnexation/PUD Application Revised: 2/25/04 Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records)to the Deputy Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville Illinois 60560. Signature of Petitioner Page 5 of 5 United City of Yorkville AmendAnnexation/PUD Application Revised:-2125/04 Kendall County Parcel Numbers 02-04-300-001-0000 02-09-100-001-0000 02-05-100-001-0000 02-05-400-001-0000 02-06-200-002-0000 02-05-300-003-0000 02-08-200-002-0000 Items to be Amended Area and legal description of zoning classifications (Recital D; Section 2.A; Exhibits B-1, B-2 (1), C, D, E) The revision proposes to increase the area of B-3 and R-3 PUD zoning and decrease the area of the R-2 zoning. There is also a request for a provision that will allow the increased B-3 area to revert to R-3 if it is not developed as commercial within a specific time frame. The zoning exhibits, conceptual plan and PUD plan need to be revised accordingly. Variations from Local Code (Section 3; Exhibit F) The revision proposes to replace the multi-family homes with single-family homes. The setback variances for the multi-family need to .be revised to accommodate the different single-family setback variances. Model Homes (Section 17) The revision proposes to clarify language that the developer may start on models at their own risk prior to the recording of the final plat. PARCELI: THAT PART OF THE WEST 1/2 OF SECTION 4,PART OF SECTIONS,PART OFTHE NORTHEAST I/4 OF SECTION 8 AND PART OF THE NORTHWEST 1/4 OF SECTION 9,ALL IN TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF GALENA ROAD AS NOW ESTABLISHED ACROSS SAID SECTION 5 WITH THE WEST LINE OF THE EAST 1/2 OF SAID SECTION 5;THENCE NORTH 0 DEGREES 02 MINUTES 49 SECONDS WEST ALONG SAID WEST LINE,2673.13 FEET TO A POINT 2327.34 FEET SOUTH OF THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 5;THENCE NORTH 89 DEGREES 36 MINUTES 30 SECONDS WEST 1323.10 FEET;THENCE NORTH 0 DEGREES 02 MINUTES 30 SECONDS EAST 2325.56 FEET TO THE NORTH LINE OF SAID SECTION 5;THENCE SOUTH 89 DEGREES 41 MINUTES 06 SECONDS EAST ALONG SAID NORTH LINE 1319.49 FEET TO THE NORTH- WEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 5;THENCE SOUTH 00 DEGREES 02 MINUTES 49 SECONDS EAST ALONG THE WEST LINE OF SAID NORTH- EAST 1/4 1828.36 FEET;THENCE NORTH 89 DEGREES 08 MINUTES EAST 3596.80 FEET TO THE CENTER LINE OF ROB ROY DITCH;THENCE SOUTH 0 DEGREES 22 MINUTES 03 SECONDS EAST ALONG SAID CENTER LINE 781.86 FEET;THENCE SOUTH 2 DEGREES 43 MINUTES 14 SECONDS WEST ALONG SAID CENTER LINE 300.01 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES EAST 291.15 FEET;THENCE SOUTH 0 DEGREES 56 MINUTES 40 SECONDS WEST 240.28 FEET,THENCE NORTH 89 DE- GREES 14 MINUTES 01 SECONDS EAST 1428.51 FEET TO THE EAST LINE OF THE WEST 112 OF SAID SECTION 4;THENCE SOUTH 0 DEGREES 02 MINUTES 57 SEC- ONDS EAST ALONG SAID EAST LINE 991.84 FEET;THENCE SOUTH 89 DEGREES 09 MINUTES 08 SECONDS WEST 1745.17 FEET TO THE CENTER LINE OF SAID ROB ROY DITCH;THENCE SOUTH 3 DEGREES 28 MINUTES 51 SECONDS WEST ALONG SAID CENTER LINE 1373.75 FEET;THENCE SOUTH 30 DEGREES 24 MINUTES 07 SECONDS WEST ALONG SAID CENTER LINE 600.81 FEET TO THE CENTER LINE OF SAID GALENA ROAD;THENCE NORTH 72 DEGREES 44 MINUTES WEST ALONG SAID CENTER LINE,3318.05 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PART OF THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTH OF A LINE EXTENDING EASTERLY FROM A POINT ON SAID WEST LINE OF THE NORTHWEST 1/4 WHICH POINT IS 1876.07 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 5 TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 5 WHICH POINT IS 1828.85 FEET SOUTH OF SAID NORTH QUARTER CORNER, AND EXCEPT A STRIP OF LAND 205.00 FEET WIDE IN THE NORTHEAST 1/4 OF SECTION 5 AND THE NORTHWEST 114 OF SECTION 4 TOWNSHIP 37 NORTH RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,BOUNDED AND DESCRIBED AS FOLLOWS:COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 5;THENCE SOUTH ALONG THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 5,A DISTANCE OF 1828.85 FEET TO THE NORTH LINE OF PROPERTY CONVEYED TO THE LASALLE NATIONAL BANK,AS TRUSTEE UNDER TRUST AGREEMENT DATED FEBRUARY 10.1967,KNOWN AS TRUST NO.35913 RECORDED AS DOCUMENT NO. 154368 IN BOOK 152,PAGE 392 AS SAID NORTH LINE IS MONUMENTED AND OCCUPIED,HEREINAFTER REFERRED TO AS LINE"B",FOR THE POINT OF BEGINNING; THENCE EAST ALONG SAID LINE"B",A DISTANCE OF 3596.80 FEET TO THE CENT ER LINE OF ROB ROY DITCH;THENCE SOUTHERLY ALONG THE CENTER LINE OF ROB ROY DITCH FORMING AN ANGLE OF 90 DEGREES 29 MINUTES 57 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE,A DISTANCE OF 205.00 FEET TO THE INTERSECTION WITH A LINE 205.00 FEET PERPENDICULARLY DISTANT SOUTH OF AND PARALLEL WITH THE AFORESAID LINE "B";THENCE WEST ALONG THE LAST DESCRIBED PARALLEL LINE A DISTANCE OF 3598.47 FEET TO THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 5; THENCE NORTH ALONG SAID NORTH AND SOUTH CENTER LINE 205.02 FEET TO THE POINT OF BEGINNING, AND ALSO EXCEPT THAT PART OF THE WEST HALF OF SAID SECTION 4 LYING EAST OF THE WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE 47,IN KENDALL COUNTY,ILLINOIS. AND ALSO EXCEPT THAT PART,IF ANY,FALLING IN PARCEL 2,ALL IN KENDALL COUNTY,ILLINOIS. CH02/22387744.1 PARCEL2; THAT PART OF THE NORTHWEST 1/4 OF SECTION 5 AND NORTHEAST 1/4 OF SECTION 6,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS:BEGINNING AT THE NORTHWEST CORNER OF SECTION 5;THENCE EAST ALONG THE SECTION LINE 1331.4 FEET;THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 90 DEGREES 7 MINUTES MEASURED FROM WEST TO SOUTH FROM THE SECTION LINE,2321.5 FEET.THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 33 MINUTES, MEASURED FROM NORTH TO WEST FROM THE LAST DESCRIBED COURSE, 1328.7 FEET TO THE WEST LINE OF SECTION 5;THENCE SOUTHERLY ALONG THE SECTION LINE,FORMING AN ANGLE OF 89 DEGREES 27 MINUTES,MEASURED FROM EAST TO SOUTH FROM THE LAST DESCRIBED COURSE,146.4 FEET;THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 58 MINUTES,MEAS- URED FROM NORTH TO WEST FROM THE SECTION LINE,1553 FEET;THENCE NORTHERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 33 MINUTES,MEAS- URED FROM EAST TO NORTH FROM THE LAST DESCRIBED COURSE,2461.1 FEET TO THE NORTH LINE OF SECTION 6;THENCE EASTERLY ALONG SAID NORTH LINE 1534 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PART OF THE NORTHEAST 1/4 OF SECTION 6,TOWN- SHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,LYING SOUTH AND WEST OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT 1876.07 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 6,SAID POINT BEING ON THE NORTH LINE OF THE LAND CONVEYED TO COMMONWEALTH EDISON COMPANY BY DOCUMENT NO.73-2841(TRACT 1);THENCE WEST ALONG SAID NORTH LINE 1133.17 FEET TO A POINT OF INTERSECTION WITH A LINE 415.0 FEET PERPENDIC- ULARLY DISTANT EAST OF AND PARALLEL WITH THE EAST LINE OF THE LAND CONVEYED TO EARL P.AND EMMA V.KONICEK BY DEED RECORDED AS DOCUMENT NO.136414 IN BOOK 126,PAGE 41;THENCE NORTH ON SAID PARALLEL LINE, ALSO BEING THE EAST LINE OF THE LAND CONVEYED TO SAID COMMONWEALTH EDISON COMPANY BY DOCUMENT NO.73-2841(TRACT 1),1897.19 FEET TO THE NORTH LINE OF SAID SECTION 6 AND THE POINT OF TERMINATION; AND ALSO EXCEPT THAT PART OF THE NORTHWEST 114 OF SECTION 5,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTHERLY OF A LINE EXTENDED EASTERLY FROM A POINT ON THE WEST LINE OF SAID NORTHWEST 1/4 OF SECTION 5 WHICH POINT IS 1876.07 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 5 TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SECTION 5,WHICH POINT IS 1828.85 FEET SOUTH OF THE NORTH QUARTER CORNER OF SAID SECTION 5,ALL IN THE TOWNSHIP OF BRISTOL,KENDALL COUNTY,ILLINOIS. PARCEL3: THAT PART OF THE WEST HALF OF SECTION 5 TOWNSHIP 37 NORTH,RANGE 7,EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 5; THENCE NORTHERLY ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER,642.93 FEET TO A POINT WHICH IS 162.00 FEET SOUTHERLY OF THE ORIGINAL CENTER LINE OF GALENA ROAD; THENCE WESTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 102 DEGREES,56 MINUTES 02 SECONDS WITH THE LAST DESCRIBED COURSE,MEASURED CLOCKWISE THEREFROM,100.00 FEET TO A POINT WHICH IS 169.50 FEET,AS MEASURED PARALLEL WITH SAID EAST LINE,SOUTHERLY OF SAID ORIGINAL CENTER LINE;THENCE NORTHERLY PARALLEL WITH SAID EAST LINE,169.50 FEET TO SAID ORIGINAL CENTER LINE FOR THE POINT OF BEGINNING;THENCE NORTHERLY PARALLEL WITH SAID EAST LINE,14.66 FEET TO THE PRESENT CENTER LINE OF GALENA ROAD AS DEPICTED ON A PLAT RECORDED JUNE 5,1964 AS DOCUMENT NUMBER 145193;THENCE WESTERLY ALONG SAID PRESENT CENTER LINE,1,675.69 FEET TO A POINT OF CURVATURE;THENCE WESTERLY ALONG SAID PRESENT CENTER LINE,BEING ALONG A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 42,975.00 FEET,933.19 FEET;THENCE WESTERLY ALONG SAID PRESENT CENTER LINE,64.12 FEET TO THE WEST LINE OF SAID SOUTHWEST QUARTER;THENCE NORTHERLY ALONG SAID WEST LINE,957.16 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER;THENCE NORTHERLY ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 5,920.88 FEET TO A POINT WHICH IS 2,316.00 FEET SOUTHERLY OF THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER;THENCE EASTERLY,2,651.03 FEET TO A POINT ON THE EAST LINE OF SAID WEST HALF WHICH IS 2,326.70 FEET SOUTHERLY OF THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID WEST HALF,2,686.96 FEET TO SAID ORIGINAL CENTER LINE;THENCE WESTERLY ALONG SAID ORIGINAL CENTER LINE,101.94 FEET TO THE POINT OF BEGINNING,IN BRISTOL TOWNSHIP,KENDALL COUNTY,ILLINOIS. CH02/22387744.1 PROPOSED CONVENTIONAL PROPOSED DEL WEBB RESIDENTIAL PROPOSED DEL WEBB RESIDENTIAL PROPOSED DEL WEBB RESIDENTIAL RESIDENTIAL LOT STANDARDS: PREMIER LOT STANDARDS: CLASSIC LOT STANDARDS: MANOR LOT STANDARDS: •Typical Lot Width 82' •Typical Lot Width 66' •Typical Lot Width 51• •Typical Lot Width 43' •Typical Lot Depth 147' •Typical Lot Depth 110' •Typical Lot Depth 110' •Typical Lot Depth 114' •R.O.W.Width: 66' •R.O.W.Width: 60' •R.O.W.Width: 60' •Pavement Width: 26' •Front Yard Setback: 30' •Front Yard Setback: 20' •Front Yard Setback: 20' •Front Yard Setback: 20' •Side Yard Setback: 10' (30'on comer lots) •Side Yard Setback; 5' (20'on corner lots) •Side Yard Setback: 5' (20'on corner lots) •Side Yard Setback: T&5'(20'on comer lots) •Rear Yard Setback: 40' •Rear Yard Setback: 20' •Rear Yard Setback: 20' •Rear Yard Setback: 20' Minimum Lot Size:12.000 V. Minimum Lot Size:7,244 s.f. Minimum Lot Size:5.610 V. Minimum Lot Size:4,892 s.f. Average Lot Size:14.688 s.f. Average Lot Size:8,980 s.f. Average Lot Size:11,405 s.f. Average Lot Size:12,283 sT TYPICAL LOT DIAGRAM: I 62. TYPICAL LOT DIAGRAM: TYPICAL LOT DIAGRAM: TYPICAL LOT DIAGRAM: AlEl---i------ � 4 r� t L I, 1. r a "Four(4)off-street parking spaces will be provided with each single family lot. Each unit will include two(2)garage stalls and two(2) spaces in the driveway. "vl PuIte-, Westhaven SEC Planning Consultants PROTOTYPICAL LOT DIAGRAMS search 16.2006 •t...xr.,r,n,vna,.r.. .<:,,�..�., PULTE HOMES •...maPpin p a nPdad km beat mil"Infama6.n.a map data - YORKVILLE,ILLINOIS algald a,xnekerad ea pie"6 ory,In wed of vat tkeden.and •• subject a ch.rlpa TMs land olen U cenowtuai h nah"and does mn repnaem any legulatory approval. Plan la eublea to ehanpa bOi,LAt�SC ROADWAY CONNECTIONS aF4� PRIMARY aENTTTTTTTANCE;FOR PROVIDED TO ALIGN WITH THE 3„ bNVENTIi*AL NEIGHBORHOOD ADJACENT APPROVED.PLAT ' WAU • • .F-7 1 -....r..^ I 1� , ty r•v+hner �1F • Ifl j Fd. 1 w l�60I41DOD 14 , 47.t-A0. r-7FF fiLAJ 'w Ural •7 4 t4T 84.4_AC t.. PROVIDE LANDSCAPE-BI.F"' 92 Wilts, • i }-° - • - 4 ALONG POWERLMEB r. -•< 'p° i 1 MANOR PRODUCT LOCATED I - ADJACENT TO'EXISTING POWERLINES YOtKtIILF VIEW ACROS$;LAKE 1- +! FROM MAIN ROAD. :-� ,c _t -�-r , i- - VICINITY MAP DRAWING N.T.S.fl Ot/EAHEAD-POW ERLINES DRAMATIC VIEWS AT TERMINU6 tli Ac. *-1ORROOD 4- r OF ENTRY DRIVE MANN _ 21A Ac. - -' NeFrepgFgpp 12 NE30F41ARIIOOD tt 4e uns MANOR MANOR PRODUCT LOCATED td 50' LANDSCAPE BUFFER e�A0. w AC, ur ADJACENT TO COMMERCIAL CiAaa1C4 �j 111 ` .. MANOR - -- DEVELOPMENT -wo r1Ft• - at u11M 'A t NERSECONDARY COMIML NITY ENTRY t:41 Ac FUTURE ROADWAY PER CITY OF } 1 - i s EXPLORE OPPORTUNITIES.TO FOR r { YORKVILLE ROADWAY PLAN + +�p a PEDESTRIAN LINK TO COMMERCIAL F `_ J ••� NE w*x)R4000.s DEVELOPMENT -1 1�: the AC, F'•. �, �. - � 3 PRBEAa...' .,tEiCiF4BORHC/0D 41 Co1�C-•C.AL • ..% �. .� d. LAND USE SUMMARY FXASSICS �, Nt�DRNDOD.I Y - nA Ac. •110 Ac 42 Ur ft \ 1 ,' 90A AD. NET CROSS -r.. - 102 r1K cr Or,gS. ACTIVE ADULT ACRES UNITS C£NSITY DENSITY NOFTOTALACRES �'^hK % ! AMENITY CENTER SET ON LAKE C ++ca 65.8 AC 416 UfITS 610 DUTAC 1 NEKNID rlDOD>o 1 I WITH LONG VIEWS OF WATER CLASSIC' 88.5 AC. 4^UNITS 4.8 DUTAC '^�.1 j _ IL4 AC. .1 1 .- - (—_. PREMIER 405 AC. 151 UNITS 3.7 DUP.0 �J_j �- CL/1681DS lsea AC. FA ullrrs 50 Du:AC 346 x h _ ® -- SECONDARY ACCESS BETWEEN 1 MOM CENTER 6.0 AC. 1C.% �� T J�_ FieuFeoRFl000 t a 1 NEIGHBORHOOD ENCLAVES'.. OPEN SPACE 45.?AC" ;8.4 / -_J__ A0: DETENTION 35 3 AC + - - ' 1 uMts 1 t �NBf>�ORFNM 0 ROW 26J AC 4.5'4 10.! AC. _-- •. SUBTOTAL 71:3 AC 04 VPTS S0 DUAC 32 DUTAC ' } aA • -7' ' 'ra AC. .- - '...... .... ... r Moans cxAas�s I 75' LANDSCAPE EASEMENT Al NO NET GROSS a+ ► BOUNDARY WITH.COMMERCIAL CONVENTIONAL ACRES UNITS DENSITY OENSIT" °t OFTOTPLACRES 50' LANDSCAPE BUFFER O��/y, - t CMEI1Tk,+tAL 124.0 AC. 265 UNITS 21 DU!AC '`4R� r -� I - 124r AC 265 L+CTS 2.1 DulAC 211 b - ` BETWEEN LAND U6ESY CPEr1 SPACE 15.0 AC.° 2.6 A 30' CONS.7- _ SPCA .. DETENTIDI7 18.5 AC. 3.2% ACCESS&EASEI IENI y ': L_ t�4 RJN 3.8 AC 07% PRIMARY.COMMUNITY--ENTRY', •,� L. SUBTOTAL 161.3 AC. 265 UNITS 2.1 DU;AC to DULAC J' rt, .7'" COMMERCIAL 111.0 A.'•' 140., SUB TOTAL 1110 AC" I� TOTAL 5846 Ac 1.'u UNITS AMENITY CENTER SET AT TERMINUS`OF-j - ACQUIRE SIONAGE EASEMENT AT • MARKETING TRAIL OVERLOOKING LAKE 0 y� MODELS SET OVERLOOKINQ 1 _, L CORNER OF GALENA_ANDAbUTE 47 'UNIT COUNT INCLUDES 2PREIAERLOTSAND 2W44ORL07SAMNWilaPARK - ENTRY FEATURE LAKE y .� FOR DIRECTIONAL SIGN "OPEN SPACE ACREAGE INCLUDES PARKS.LFNDSCAPEMI*-TEA BUFFERS.AND OPEN SPACE -INCLUDES 2?ACRES GFGALt-NA ROADP•.O.LN. 4 •_• ''r' �'s.�++"`"`� °"". = � %c•� 0 400 B00 1600 LOTTING ILLUSTRATIVE Feb. 23, 2006 Scale: 1„=800' SEC Planning Consultants PER SUBMITTED PRELIMINARY LANDSCAPE PLAN NORTH Date February 23,2006 Planning; ° lantkcalH•.4rrh&vh,m a C•nmm„niry Rranrling SHWT FILe TAM4 JObs1240653•NE6•, 00-sa b dc.+Feb:DDSU."iNsnative N'9 WESTHAVE N Base mapping compiled from best available information.All map data YORKVILLE, ILLINOIS should be considered as preliminary.in need of verification.and °�' •'° �- -- •- subject to change. 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"� �� LBW.Y.:6t � ■L � ` t.J R tib T',d�l 7' r Y !il uaQ `sulleg Z `suUo01pag Z >I:)Ilg 22 SUTPIS x.14 -bs q9tl - ajouS a>Iej o�_L sauuoH p Xq saTIaS :)TsseID auk V UOIJ J1 w 3'i1ro • _C�� 1 7 s< �` 1� • wood XIILUI?d `SuJ eq Z `Smolpag Z SUTPIS '.14 -bs 909`1 - anoD 112paD OU 'Olt I CO � � OL - > t ' W w w � i NO CIO O o° U cz u � � U U Cq f _ u s3wOH poosno>juj Xq SOTIOS :)ISSPID OU yam'°-.:. ,3' ,:�• ti �� .. 0 y s �aa�► tii t.+ j• Y t ' - t. r :r LUOONd XITUJ124 `SY eq Z `SVUOOIpag Z >I:)Ug �2 SUTPIS `-ij -bs 909'1 - OAOD JUPOD OU sauTOH pooA/v)>1PI Xq saTIaS aTss'21D QU V u01lena13 rr r _ n �G , C M ti „t Nr 4 ..� r� Will _ u3G �2 uuooNd XFul2J `su112g Z `suuooIpag Z SUTP�S -bs OgZ'l - asnaejX a 3 S �Z sOwOH pooAnoyj XqSOTI;)S aTss-eID OU mu u. 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RNERW r � \ • o The Manor Series by Lakewood Homes The Escanaba - 1, 100 sq. ft., Siding & Brick 2 Bedrooms, 2 Baths OV, rITSi�I NO '11111 HO 11 R, ��•,� � ■ice--.�.....�--� .. ��_�-• _� .-�- � �I CIS ili�l■ � � � =. , m . . _ _ l ■ r ■ ■ ■ ■ � � � ,� _ Elevation B The Manor Series b y Lakewood Homes The Escanaba - 1, 100 sq. ft., Siding & Brick 2 Bedrooms, 2 Baths MENEM lolls Al� s�,51im" r�� irrntir r 1� y R ,�,.,_Iillllllllllllllilllllllllllllllllll►�11111111111111111191911911111111110�,� w- ,la gv� �Lilil! i IN E LO adr4momn--.L- IN . !T zdi °-- a�. The Manor Series b y Lakewood Homes The Mackinac - 1,450 sq. ft., Siding 2 Bedrooms, 2 Baths, Den WM yj rte■■ 1 � M ::� :rte �.�� ■ r 5 _r - ■ ►� �■ ■ ■ ■ 14,11`_ _� �.. A. ; ■ ■ ■ ■ ■ ■ r te . �,� Elevation A The Manor Series b y Lakewood Homes The Mackinac - 1,450 s a. ft., Siding & Brick 2 Bedrooms, 2 Baths, Den _ _ d All mow Jul 'IMMUM I nj PP Mimi WMPW-hmo Mimi i The Manor Series by Lakewood Homes The Mackinac - 1,450 s . ft., Siding & Brick 2 Bedrooms, 2 Baths, Den ' iv � .��• a �.: r`.r -?!' '`��. II 1 4 r' A= ------�� -Orp, ■ ■ ■ pr � �:a � ■ ■ stwi USA -16 WW diles&��Amlvkm%V Nil Amm 11 IL IAW FM i IsElevation C The Manor Series by Lakewood Homes The Saginaw - 1,550 sq. ft., Siding 2 Bedrooms, 2 Baths, Library lyk L 1�%.,\ Alwa TINS II �. ■ �! II , r ;II��`` ■_ i _;ice r i;_; -i iALEI .`,Ji_ �i,± �i�:, ■ FEE IN IvIllm -.4 Rl _ WIN • , A The Manor Series by Lakewood Homes The Saginaw - 1,550 sq. ft., Siding & Brick 2 Bedrooms, 2 Baths, Library 4W- �- " ��. ..'::: � � ■ice `., J � IRV „�..' inor i t0 1�S� Aug” tt tt ,� I ■ lot, ��Ill�L ■ -� 1. fir, . IL ININ is mini IN t I Me The Manor Series by Lakewood Homes The Saginaw - 1,550 s a. ft., Siding & Brick 2 Bedrooms, 2 Baths, Library 144 onmai AA." '11, 'Al R III!:-,h! L—ti. A ��A�. ;i�►ice■► �■ � -' �� IJ . n v: •� � � ■ T �i �� iu jai ■i�� - Elevation The Manor Series by Lakewood Homes P w Iq STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION APPROVING THE ROAD FEE POLICY WHEREAS, the City Council of the United City of Yorkville has considered and discussed establishing a policy concerning road fee, and WHEREAS,the City Council has determined that it desires to establish such a policy, and WHEREAS,the text of the policy the City Council now desires to establish concerning road fee is set forth on the attached Exhibit"A"which is incorporated herein, and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the Road Fee Policy is hereby approved by the City Council of the United City of Yorkville in the form set forth on Exhibit"A" attached hereto and incorporated herein. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of ,A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 DRAFT September 12,2006 United City of Yorkville City Road Fee- Collection and Application Policy Purpose: The City Road Fee is established to fund necessary roadway improvements within the United City of Yorkville to ensure the roadway system throughout the City is maintained at a high level of service. The City's Standard Specifications for Improvements require new developments to "improve existing roadways running through, or adjacent to,the development"to minimum standards based on the roadway classification necessary as determined by existing traffic volumes and the additional traffic generated by the development. There are situations when the City, in order to ensure a City-wide transportation network with a high level of service,will desire to increase the roadway classification to a higher classification than what is warranted only by existing traffic and the estimated volume to be generated by the adjacent development. The Road Fee is used to generate the necessary funding to enable the City to make such improvements and the Road Fee Policy determines how this fee is to be collected and applied to improvements. Collection Policy: • The City Road Fee is required in all annexation agreements for property including residential land uses; • The Road Fee is to be assessed on a per dwelling unit basis; • The Road Fee amount is to be determined annually by City Council based upon the recommendation of the City Engineer. City Engineer's recommendation shall be based upon current roadway construction costs and sound engineering judgment; • The timing of collecting the Road Fee is to be at time of building permit unless otherwise negotiated within the annexation agreement. Application Policy: • The funds generated by the Road Fee are to be applied to roadway improvement projects at the complete discretion of the City; • In situations when funds are used to increase the scope of a road improvement beyond the classification necessitated by current traffic and volumes generated by a new development,the funds are only to be used for the difference in this scope. KO-10 v , STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE No.2006- ORDINANCE APPROVING VARIANCE FOR PAUL AND SUSAN O'BRIEN FOR RESIDENCE LOCATED AT 207 W. RIDGE ST. WHEREAS, Paul and Susan O'Brien("Petitioners") filed ZBA Petition 2006-58 requesting a variance for 207 W. Ridge St. for the front yard setback to a single family residence which is more specifically described in the attached Exhibit"A"; and WHEREAS,the Petitioners indicate that they plan to substantially improve the real property to enhance the value of the property and improve the aesthetics of the neighborhood; and WHEREAS,the Zoning Board of Appeals of the United City of Yorkville held a public hearing with regard to said Petition, and WHEREAS,the Zoning Board of Appeals took public comment on the issues before it and made specific findings of fact related to the granting of the variances sought, and WHEREAS,the Zoning Board of Appeals recommended the approval of said requested variance to Section 10-6B-4:A concerning front yard setback to the City Council; and WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE have reviewed the findings of fact made by the Zoning Board of Appeals, considering the public comment presented at the public hearing and have determined that the requested variance is appropriate under the circumstances presented by the Petitioners; NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a majority of those so voting,the following Variances are hereby granted from the United City of Yorkville Code, Title 10 -- Zoning for the real property more fully described in Exhibit"A": 1. Front yard setback: Section 10-6B-4:A of the United City of Yorkville Zoning Code is hereby varied to permit the front yard set back of the single family residence to be thirty feet(30'). The variance granted herein is contingent upon the construction of the residence pursuant to the design, plan and specifications presented to the Zoning Board of Appeals and the City Council. No other variance from the City Code for design,plan or specifications for said structure is permitted by this Ordinance. IN WITNESS WHEREOF, this Ordinance has been enacted this day of 2005 by the City Council of the United City of Yorkville. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Exhibit A Legal Description Lots One (1) and Two (2) of Block Twenty (20) in the original village of Yorkville, Kendall County, Illinios. MAg0� �a STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE No. 2006- AN ORDINANCE IMPOSING A FEE, TAX OR SURCHARGE ON THE PERMANENT DISPOSAL OF SOLID WASTE IN THE UNITED CITY OF YORKVILLE WHEREAS, Section 22.150) of the Illinois Environmental Protection Act, 415 ILCS, 5/22.150)) authorizes units of local government in which a solid waste disposal facility is located to establish a fee,tax, or surcharge with regard to the permanent disposal of waste; and WHEREAS, the proceeds from said fee,tax or surcharge may be utilized for solid waste management purposes, including long-term monitoring and maintenance of landfills,planning, implementation, inspection, enforcement and other activities consistent with the Solid Waste Management Act, or for other purposes related to the environment, including but not limited to public works related projects related to the environment—but not for the construction of a new pollution control facility other than a household hazardous waste facility; and WHEREAS,the United City of Yorkville is a unit of local government as defined in the Illinois Environmental Protection Act; and WHEREAS,the total amount of any such fee,tax or surcharge cannot exceed the sum of$1.27 per ton in facilities in which more than 150,000 tons are disposed of annually; and WHEREAS, no applicant for a solid waste facility is currently requesting site approval from the United City of Yorkville. NOW, THEREFORE,be it ordained by the United City of Yorkville as follows: SECTION ONE: The above recitals are hereby incorporated herein and made a part of this Ordinance and this Ordinance shall be interpreted in the light of them. SECTION TWO: The definitions of the Illinois Environmental Protection Act are hereby incorporated herein. SECTION THREE: The United City of Yorkville hereby imposes upon the operators of all permitted solid waste disposal facilities within the City of Yorkville the maximum fee, tax or surcharge permitted by statute. As of the date of passage hereof, such amounts are: a) $0.60 per cubic yard if more than 150,000 cubic yards of non-hazardous solid waste in permanently disposed of at the site in a calendar year,unless the owner or operator weighs the quantity of the solid waste received with a device for which certification has been obtained under the Weights and Measures Act(225 ILCS 470/1 et seq.), in which case the fee, tax or surcharge shall not exceed $1.27 per ton of permanently disposed solid waste. b) $33,350 if more than 100,000 cubic yards,but not more than 150,000 cubic yards, of non-hazardous waste is permanently disposed of at the site during a calendar year. c) $15,500 if more than 50,000 cubic yards, but not more than 100,000 cubic yards, of non-hazardous waste is permanently disposed of at the site during a calendar year. d) $4,650 if more than 10,000 cubic yards, but not more than 50,000 cubic yards, of non-hazardous waste is permanently disposed of at the site during a calendar year. e) $650 if not more than 10,000 cubic yards of non-hazardous waste is permanently disposed of at the site during a calendar year. SECTION FOUR: Said fee,tax or surcharge shall not apply to: a) Waste which is hazardous waste; or b) Waste which is pollution control waste; or c) Waste from recycling, reclamation or reuse processes which have been approved by the Illinois Environmental Protection Agency as being designed to remove any contaminant from waste so as to render such wastes reuseable;provided that the process renders at least 50% of such wastes resuseable; or d) Non-hazardous solid waste that is received at a sanitary landfill and composted or recycled through a process permitted by the Agency; or e) Any landfill that is permitted by the Agency to receive only demolition or construction debris of landscape waste; or f) Any waste with an exemption granted in accordance with 415 Illinois Compiled Statutes 5/22.16 and 5/22.16a. Any request for exemption under this provision shall contain the approval of the Illinois Environmental Protection Agency. SECTION FIVE: Payment of said fees,taxes or surcharges shall be made to the City on a quarterly basis as described below. SECTION SIX: All operators of solid waste disposal facilities shall make quarterly reports and payments based upon the quantity of solid waste reported in the quarterly solid waste summary. This quarterly report summary is due on April 151', July 151', October 151i, and January 15 of each calendar year and shall contain a summary of all wastes received during the applicable quarter for which the report is submitted, as well as computations reflecting the total fees to be paid, and any approved exemptions. SECTION SEVEN: Fees,taxes or surcharges collected pursuant to this Ordinance shall be deposited in the City Garbage Tipping Fund and shall be expended only for approved purposes. SECTION EIGHT: Should any section, clause or provision of this Ordinance be declared invalid by a Court of competent jurisdiction, such decisions shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part declared to be invalid. SECTION NINE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. IN WITNESS WHEREOF,this Ordinance had been enacted this day of September, 2006. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this Day of , A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 1 of 3 ECONOMIC DEVELOPMENT COMMITTEE DRAFT Thursday,July 27,2006 7:00 pm City Hall Conference Room Present: Mayor Art Prochaska Randy Whit Alderman Joe Besco Vince Rosonova Alderwoman Valerie Burd Jim City Attorney John Wyeth Richard Filler Travis Miller Lynn Dubajic City Administrator John Crois Arthur D. Crawford Lowell Iverson Duane L. Orton Claudia Faxias Audrey K. Orton Mary Ann Kawezynski Martha Price Judith Vant Phillip Marshall Scott Mai The meeting was called to order at 7:00 pm by Alderwoman Burd. 1. Approval/Correction of Minutes: None. 2. EDC 2006-13 Building Permit Report for June 2006—This will move on to COW. 3. PC 2005-52 Kleinwatcher—Preliminary Plan—Plan Commission recommended approval subject to staff comments 6—0. City Council approved annexation, B3 zoning, and special use for a daycare. There are still some outstanding issues to be addressed. The storm water management report is estimated to be in next week. This will move on to COW on August 15th. 4. PC 2006-50 Prairie Pointe—Zoning—This is an 11.6 acre parcel at McHugh Rd and Countryside. Part of it is currently zoned B3. The R2 portion of it should be rezoned to B3. There will be 4 lots and one of them will be occupied by Smith Engineering. It will be a 45,000 square foot office building. They have a letter of intent from a hotel and a banquet hall,. It is adjacent to the park and the new Post Office. This will go to the August 1"COW and will be if front of City Council for consideration on August 8th. 5. PC 2005-44 Schramm Property—Annexation,Zoning and Concept PUD—Plan Commission recommended approval of annexation and recommended re-zoning to PUD subject to staff comments and compliance with current city zoning standards. The Gas Station would be removed from the plan. They are proposing a 16 unit per acre R4 apartment development. R4 currently has a max density of 8 units per acre. There was discussion that if the City Council would allow this,they would want to increase the standards and have a higher end Xroduct. The next step for this is a Public Hearing which is scheduled for the August 8 City Council meeting. It will come back to EDC on August 15th. Page 2 of 3 6. PC 2006-Kendall Marketplace—Zoning, Concept PUD and Preliminary PUD— This would be rezoned to PUD zoning. There was a Public Hearing on the Concept PUD at Plan Commission and there will be a Public Hearing at City Council on August 8th for the Preliminary Plan. There was some discussion about the access points into the development and why they are looking into a full access where they had a partial access before. There is a 20 acre naturalized detention area. There will be a cedar fence to shield the town homes from the commercial buildings. There could be some possible restaurants by the reflecting pond. There is a parcel for a Police Department. For the multi family density the City Council would like to upgrade the standards of the buildings and landscaping. A developmental agreement can be tied to the Concept PUD plan. The rezoning and concept PUD will move on to the August 1St COW, and then to August 8th. City Council for consideration. The Preliminary PUD will have a Public Hearing on August 8th, then move on to COW on August 15 and then to City Council on August 22° . 7. PC 2006-37 O'Keefe—Annexation and Zoning—The water park will be the 42 acres on lots 2 and 3. The total property is 141 acres. It is currently zoned Al and is looking to annex to Yorkville B3. There will be some Retail Tax incentives and admissions tax for the water park. There is an easement for the YBSD sanitary sewer. Alderwoman Burd said she would like to see reduced rates at the water park for the residents of Yorkville. The developers of the water park said there would be a 40% discount to the residents of Yorkville. The daily admission would likely be $25 for adults and$19 for children under 48 inches and the season pass would probably be between $85-$90. The water park will begin mass grading on October 1St. Subject to approval. There will be a public hearing on August 8th. 8. EDC 2006-18 Beecher Road Right of Way Intergovernmental Agreement with Kendall County—Kendall County has agreed to dedicate .82 acres for the City Right of Way for Beecher Road. There will be an outfall below Beecher Rd. to the detention on the Rush Copley property. This will move on to COW on August 1st provided the comments from the State's Attorney are received. 9. EDC 2006-19 South Area Joint Engineering Funding Agreement—the City is looking for comments from the South area developers which include Heartland, Montalbano,MPI, Fagonel, and the Hallmark development. There could be a possibility of an SSA or other funding mechanism. The developers would jointly fund the engineering. There was a question about whether the City would be reimbursed for the well sitings. That will be a discussion when the agreements for the SSA come in. The SSA would be paid off at the time of closing. The SSA would be for the water and sewer improvements. There will be a standpipe, a force main, and shallow and deep wells. The value of the home in a SSA development is the same an a non SSA home with building and hookup fees. There should be an addition in the SSA agreement that a certain number of lots would be set aside for local builders. This item will go to EDC on August 15th. An SSA policy change will also go to EDC on August 15th. Page 3 of 3 10. EDC 2006-14 Zoning Ordinance Amendment for Building Height Increase— In 2005 the building code was updated to allow 6 story buildings up to 80 feet high. This ordinance was drafted at the same time. In May there was some discussion about the concern in the downtown business district to allow for a view of the historic courthouse. The area highlighted in yellow would remain 35 feet maximum. Zoning class O, 132, 133, R2, and R4 would allow 6 stories or 80 feet high. This will move forward to COW on August 1St with some minor changes. 11. Additional Business—Alderman Besco said things are getting exciting with Economic Development. October 2007 the new Kohl's will open. John Wyeth said there will be a development agreement with Harlem Irving. The meeting was adjourned at 8:32 pm. Minutes submitted by Laura Leppert. BUILDING PERMIT REPORT United City of Yorkville Department of Building Safety and Zoning August 2006 YP es o f Permit ::.:.:.:::::::: -- --- - . 2-Family Commercial Number of Pe (Be R, ;, 2005 Multi p le-Famil y (Beb dnni 10116 Cate S n •inclnl s Industrial Miscellaneous Total Construction Cost ''. 2 Permits=1 Structure) Buildrwh .........................................I........ August 2006 1 153 77 6 0 3 0 67 $16,889,531.00 Calendar Year 2006 1142 554 40 5 30 0 513 $121,766,519.00 Fiscal Year 2006 602 233 20 2 16 0 331 $60,696,486.00 Ir August 2005 101 30 0 0 5 0 66 $7,869,510.00 Calendar Year 2005 863 308 5 0 34 0 511 $75,703,625.00 Fiscal Year 2005 546 182 0 0 18 0 346 $42,029,169.00 August 2004 122 54 0 0 4 1 63 $10,480,104.00 Calendar Year 2004 2 738 341 3 0 11 1 381 $68,619,462.00 Fiscal Year 2004 466 209 0 0 8 1 248 $43,593,867.00 August 2003 98 46 1 0 4 0 47 $13,235,310.00 Calendar Year 2003 3 617 243 12 0 23 1 338 $63,3239435.00 Fiscal Year 2003 402 147 9 0 15 0 231 $39,545,034.00 August 2002 93 31 0 2 3 0 57 $8,697,796.00 Calendar Year 2002 4 583 188 3 4 31 0 357 $44,991,917.00 1 Fiscal Year 2002 342 93 1 2 15 0 231 $23,203,688.00 i 'Permit Number Y-05-0012 was voided,thus only 863 of 864 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-2003-314 was voided,thus only 617 of 618 assigned permit numbers were actually issued d Permit Numbers Y-1001-034 was voidedd,thus only S83 of S84 assigned permit numbers were actually issued M Note: Miscellaneous permits include such items as additions,remodelling,sheds,decks,RPZs,and municipal projects. G7 Report prepared by: Barbara J.Dettmer,MCP/Department of Building Safety and Zoning Clr� Reviewed By: t O� Legal ❑ City Council Finance ❑ �- Engineer ■ �. v� City Administrator ❑ Agenda Item Tracking Number a, `' PC 2005-52 �¢ � :, t3 Consultant ❑ ��y`2 Human Resources ❑ City Council Agenda Item Summary Memo Title: Kleinwachter—Preliminary Plan City Council/COW/Committee Agenda Date: September 19, 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: ,v CO. United City of Yorkville Memo ' + 800 Game Farm Road Esc Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 LE �ti~ Date: September 12, 2006 To: EDC/COW From: Travis Miller Subject: PC 2005-52 -Kleinwachter Preliminary Plan Background City Council approved Annexation,B-3 zoning and a Special Use Permit for a Daycare for this property July 11, 2006. Preliminary Plan Comments reviewed by Joe Wywrot, City Engineer of preliminary plan dated 9112106 • The plan should be submitted to IDOT, Yorkville-Bristol Sanitary District, and Bristol-Kendall Fire Protection District for review. Any modifications required by these agencies should be incorporated in the Final Plan/Plat submittal. • A second typical section should be provided for the main entrance road, and should generally conform to our standard collector road requirements. • The proposed right-of-way should be 80 feet wide where the entrance road is 39 feet wide. • The cul-de-sac landscaped island should be reduced in size such that the pavement around the island is 30-feet wide from back-of-curb to back-of-curb. • The roadway taper location will need to be reviewed regarding it's location with respect to the commercial driveways and the 4-way intersection. • The proposed sidewalk along Route 47 appears to be 5 feet wide,while the Schoppe preliminary plat calls for an 8-foot wide trail. Correct plan to include 8-foot trail. • The preliminary stormwater report dated 6/20/06 deals with stormwater pond volume requirements. Since this property is tributary to the Aux Sable Creek, the report needs to be revised to change the maximum release rate for the 100- year storm to 0.1 cfs/acre. • It appears that the stormwater basin lots may not be large enough to accommodate the basins with a minimum 5:1 embankment slope along with a minimum 10-foot setback from public right-of-way lines and any buffer requirements. Provide additional design and topography detail to the Engineering Department adequate to verify adequate basin size. • The proposed stormwater basins are proposed to have open water. While the City has routinely waived our requirement for the minimum size of wet basins(2 acres),these are so small(less than '/4 acre each)that they could become maintenance problems with algae growth, etc. Staff recommends they be constructed as dry, naturalized basins. • A relatively deep field tile enters the property from the south near the proposed building on Lot 3. Confirm that the storm sewer along the south lot line will be deep enough to intercept this tile. • The curb drains at Station 108+20 should be directed to one of the detention basins,not the IDOT ditch. • A culvert should be provided beneath the entrance street to allow flow in the IDOT ditch. • Move the storm manhole at Station 103+00 to Station 102+75. Connect the two curb drains at the NE and NW corner of the intersection to the relocated manhole. Staff Recommendation: Approve Preliminary Plan subject to all Staff Comments �A United City of Yorkville Memo 800 Game Farm Road � :1836 Yorkville, Illinois 60560 t 11 Telephone: 630-553-8545 Fax: 630-553-3436 CE Date: September 11, 2006 To: Lynsey Johnson From: Laura Haake CC: Travis Miller,Joe Wywrot,Anna Kurtzman, Dave Mogle Subject: Kleinwachter Revised Preliminary Landscape Plan Review I have reviewed the revised Kleinwachter Preliminary Landscape Plan dated September 6, 2006 and have prepared the following comments: 1) All revisions have been made according to preliminary plan comments. 2) If Lots 1 and 2 are to be naturalized stormwater management basins, a separate plan with seed mixes, specifications, and edge treatments should be submitted for approval as part of the final landscape plan. Esc Reviewed By: Legal ❑ City Council Finance ❑ Engineer ❑ r- City Administrator ❑ Agenda Item Tracking Number Consultant El 2006-26 tL~� Human Resources ❑ LE City Council Agenda Item Summary Memo Title: Cobblestone—Preliminary PUD, Preliminary Plat and Draft Development Agreement City Council/COW/Committee Agenda Date: September 19, 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: �`�tiD CIr United City of Yorkville Memo 800 Game Farm Road WE . =6 Yorkville, Illinois 60560 Telephone: 630-553-8545 a Fax: 630-553-3436 tE Date: September 11, 2006 To: EDC/COW From: Travis Miller, Community Development Director Cc: Lisa Pickering Subject: PC-2006-26 Cobblestone Preliminary PUD Plan/Preliminary Plat Request and Draft Development Agreement Staff Comments 1. The Plan Commission will review this request September 13,2006 and provide recommendation on Preliminary PUD and Preliminary Plat. 2. This subdivision is part of the Fox Hill Annexation and Planned Unit Development approved October 1993 and revised June 2004. The subdivision plan and proposed uses are consistent with those approved under this agreement with the exception of the following: a. Side and Rear Yard Setbacks for lots 1-8 are requested to be zero feet(0'). The PUD agreement applies B-3 zoning requirements to this property, therefore,the required side and rear yard setbacks should be twenty feet (20'). Staff recommendation: require the B-3 setbacks for building locations on each lot proposed and allow 0' for parking areas. 3. Staff recommends that free standing signage anticipated by the developer on this property should be submitted for review as part of the Preliminary PUD Plan review. In order to ensure a comprehensive planning approach to this development consistent with the PUD agreement it is necessary to consider the location, size and style of all free standing signage on the property. 4. Asphalt trails in lieu of sidewalks are recommended along the Rob Roy Creek, Eldamain Road and Route 34 (refer to Laura Haake 9/7/06 staff report). In addition,the sidewalk/trail plan should be connected to the internal sidewalk system planned for the development. Staff recommends pedestrian connections be incorporated from Rena Lane to the east-west drive between lots 6 and 7 and along the west and north side of the internal drive servicing lots 1-6. 5. Staff recommends aligning the eastern access drive to Route 34 with the future access drive being planned for the Daniel property north of Route 34(Rob Roy Falls). Coordination between each developer will need to occur to accommodate this alignment and may result in slightly adjusting the location depicted on the Preliminary PUD Plan. Furthermore, as explained by Laura Haake's 9/7/06 report,this entrance should be planned to include the Rob Roy Creek regional trail crossing. In order to accommodate a 10' trail east of this drive,the drive will need to shift to the west. Staff recommends reducing the parking area on Lot 1 in order to shift the proposed building location on Lot 1 west to allow for the entrance drive to be repositioned. Development Agreement Purpose Staff recommends a Development Agreement be prepared and entered into between the City and the Owner/Developer to ensure: - Cross access easements are provided between all lots within the planned subdivision; - Public road right-of-way, construction easements and utility easements necessary for future projects conducted the City, County or State are dedicated by the Owner/Developer in a timely manner; - Owner/Developer agree to permit the establishment of a Business District for sales tax assessment in the event it is determined in the future that this mechanism is necessary to fund infrastructure improvements along the Route 34 and/or Eldamain corridors. DEVELOPMENT AGREEMENT `Cobblestone' This Development Agreement,hereinafter referred to as"Agreement", is made and entered into this day of , 200_,by and between,Main Street Commercial Partners,LLC, hereinafter referred to as"OWNER/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/DEVELOPER 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 southeast corner of US 34 and Eldamain Road and consists of approximately 20.55 acres; and WHEREAS,the OWNER/DEVELOPER seek approval for a Preliminary PUD Plan to allow for uses permitted within the B-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/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/DEVELOPER, in consideration of the mutual covenants and agreements contained herein, do mutually agree as follows: ARTICLE I GENERAL COMPLIANCE WITH ORDINANCES OWNER/DEVELOPER 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 *denotes term defined by the City Appearance Code ARTICLE II PROPERTY DEVELOPMENT The Development of the Property shall be generally pursuant to the Preliminary PUD Plan 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, and City Development Fee Ordinance,which have been voluntarily contracted to between the parties and agreed to by OWNER/DEVELOPER 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 1. 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 freestanding monument signage must include a 100%masonry product* base no less than the width of the sign area. 2 *denotes term defined by the City Appearance Code 2. CROSS ACCESS EASEMENTS The OWNER/DEVELOPER agrees to provide unlimited cross access easements between all lots within the planned subdivision defined within the covenants of the Final Plat when prepared; 3. DEDICATION OF RIGHT-OF-WAY AND EASEMENTS Within 30 days of a written request from the United City of Yorkville,which includes legal descriptions and exhibits as necessary,the OWNEWDEVELOPER shall grant permanent and temporary construction easements as necessary for the construction of extension of City utilities and appurtenances and/or other utilities to serve the subject property and other properties within the City of Yorkville. Within 30 days of a written request from the United City of Yorkville,which includes legal descriptions and exhibits as necessary,the OWNER/DEVELOPER shall convey by Warranty Deed, fee simple title of future highway or road right of way to the State of Illinois,Kendall County or the United City of Yorkville as necessary,regardless of whether or not these right of way needs have been previously identified in this agreement. Such request for conveyance of right of way shall have no impact on any previously entitled land development density. 4. BUSINESS DISTRICT CLASSIFICATION It is also understood by and between the Parties that subsequent to the execution of this Agreement the CITY may explore and implement methods of financing infrastructure improvements such as Route 34 improvements,Eldamain Road improvements, and placing existing power lines underground. In the event said financing methods include the creation of a Business District enabled to collect sales tax at a higher rate than other areas within the City, then the OWNER/DEVELOPER shall participate in the Business District. 3 *denotes term defined by the City Appearance Code 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. CITY: OWNER: UNITED CITY OF YORKVILLE, MAIN STREET COMMERCIAL an Illinois municipal corporation PARTNERS,LLC an Illinois corporation By: By: Title: Mayor Attest: Attest: Title: City Clerk Dated: Dated: 4 *denotes term defined by the City Appearance Code Fes- ` 5 Reviewed By: 0 Legal ❑ City Council 110 Finance ❑ im Engineer ❑ °" '�- City Administrator ❑ Agenda Item Tracking Number Consultant ❑ PC 2006-50 Human Resources ❑ LE City Council Agenda Item Summary Memo Title: Prairie Pointe—Preliminary Plan and Final Plat City Council/COW/Committee Agenda Date: September 19, 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: `, O Cl.)- United City of Yorkville Memo 800 Game Farm Road im Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 LE Date: September 11, 2006 To: EDC/COW From: Travis Miller, Community Development Director Cc: Lisa Pickering Subject: PC 2006-50-Prairie Pointe Preliminary Plan and Final Plat Request Staff Comments 1. The Plan Commission will review this request September 13,2006 and provide recommendation on Preliminary Plan and Final Plat. 2. This subdivision is part of the Yorkville Crossing Annexation and Planned Unit Development approved July 13, 2000. The subdivision plan and proposed uses are consistent with those approved under this agreement with the recent zoning amendment for a portion of the property from R-2 to B-3 recommended by the Plan Commission July 26, 2006 approved by City Council August 8, 2006. 3. Crimson Lane will provide access to Lot 4 as well as connect to the proposed private access road serving access to all four proposed lots. The Preliminary and Final engineering plans denote that Crimson Lane will be"provided by others". Currently,there are no construction/engineering plans under review for approval by the City for Crimson Lane. Final approval of this plan should be subject to the construction of Crimson Lane by whatever entity will be constructing this improvement. 4. Staff recommends an access easement be provided on Lot 4 to allow the US Post Office to cross with an exit(or east bound) lane. Currently a one-way exit lane connects to Countryside Parkway just west of proposed Lot 4. The distance between this exit point and the proposed Crimson Lane is a staff concern. EN!" Reviewed By: 0 Legal ❑ City Council �sr Finance F-1 Engineer ❑ �- City Administrator ❑ Agenda Item Tracking Number Consultant ❑ PC 2006-57 CE �L Human Resources ❑ City Council Agenda Item Summary Memo Title: Prestwick of Yorkville—Unit 2 Final Plat City Council/COW/Committee Agenda Date: September 19, 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 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 LE Date: September 11, 2006 To: EDC/COW From: Travis Miller, Community Development Director Cc: Lisa Pickering Subject: PC 2006-57 -Prestwick of Yorkville—Unit 2 Final Plat Request Staff Comments: 1. The Plan Commission will review this request September 13, 2006 and provide recommendation on Final Plat. 2. Based on staff review,the Final Plat for Prestwick of Yorkville Unit 2 substantially conforms to the approved Preliminary Plan. r7 Reviewed By: J2 O� Legal ❑ City Council Finance ❑ Esr tow Engineer ❑ y City Administrator ❑ Agenda Item Tracking Number 9 �C Consultant ❑ PC 2006-63 + LE Human Resources ❑ City Council Agenda Item Summary Memo Title: Kendallwood Estates -Final Plat City Council/COW/Committee Agenda Date: September 19, 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: c United City of Yorkville Memo 800 Game Farm Road MT W6 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 LE Date: September 11, 2006 To: EDC/COW From: Travis Miller, Community Development Director Cc: Lisa Pickering Subject: PC 2006-63 -Kendallwood Estates—Final Plat Request Staff Comments: 1. The Plan Commission will review this request September 13,2006 and provide recommendation on Preliminary Plan and Final Plat. 2. Based on staff review,the Final Plat for Kendallwood Estates substantially conforms to the approved Preliminary Plan. Staff Recommendation: Access to Route 126 is required for this development and has been proposed through the adjacent Woodstone Development. Staff recommends requiring the dedication of this right-of-way occur and construction/improvement plans for this street segment be approved prior to final approval. Co. Reviewed By: Legal ❑ City Council EST: , 1836 Finance ❑ Engineer ❑ -= Agenda Item Tracking Number v1 City Administrator ❑ g g ' PC 2006-05 Consultant ❑ j<cE ? Human Resources ❑ City Council Agenda Item Summary Memo Title: Bristol Ridge—Annexation, Zoning and Preliminary Plan City Council/COW/Committee Agenda Date: September 19, 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: Plan Commission recommended approval June 14,2006 City Council Public Hearing held July 11, 2006 2`'t.0 CIr o United City of Yorkville Memo '" 800 Game Farm Road EST. , _ 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 <LE Date: September 19, 2006 To: Economic Development Committee/COW From: Travis Miller, Community Development Director Subject: Bristol Ridge Request: Annexation,Zoning, and Preliminary Plan Background: 1. Plan Commission reviewed June 14,2006 and moved unanimously to forward a recommendation to approve the Annexation and Zoning requests and moved 5 yes/2 no to approve the Preliminary Plan(each motion subject to staff comments)to City Council. 2. 141.267 acres of the 190.1 acre property was annexed in 1994 and zoned R-2. A concept development plan including 162 single family units and 29 duplex units on a portion of the 141.267 acre property was also approved in 1994. Staff Comments: - The Plan Commission and staff have requested the name of this development be changed to avoid confusion with Bristol Ridge Road—in order to prevent confusion as this request proceeds through the approval process, staff has advised the petitioner to keep the name—however,the name should be changed prior to final plan/plat submittal. - Due to the previous 1994 approval/entitlement,two fee schedules have been created(Exhibit H-1 and H-2 of the Annexation Agreement). Staff has worked with the petitioner to reach an appropriate solution that allows the property to receive the 1994 rates on the Single-Family detached units and require the City's current rates to apply to the duplex and multi-family units. The quantity of the single-family detached units on the current plan approximately equate to the quantity of units entitled under 1994 agreement. - Exhibits A-F will need to be submitted and reviewed by staff for accuracy prior to final approval. Draft Date:6129105 Revised 9112106 ANNEXATION AGREEMENT BETWEEN UNITED CITY OF YORKVILLE AND BRISTOL RIDGE,LLC THIS ANNEXATION AGREEMENT("Agreement")is made and entered into this day of ,2006 between the UNITED CITY OF YORKVILLE,a municipal corporation,located in the County of Kendall,State of Illinois("CITY"),and BRISTOL RIDGE,LLC,as owner and/or developer(OWNER and/or DEVELOPER). WITNESSETH WHEREAS,at the time of execution of this Agreement,the OWNER is the record owner of two parcels of certain real property which are the subject matter of this Agreement. The first parcel,known as the"Oliver Parcel"is approximately 135 acres,more or less,and is subject to a pre-annexation agreement with the CITY and is legally described on EXHIBIT"A" attached hereto and made a part hereof. The second parcel,known as the"Bristol Parcel"is approximately 55 acres,more or less,and is legally described on EXHIBIT"A"attached hereto and made a part hereof. Said parcels are located adjacent to Cannonball Trail in Kendall County,Illinois. WHEREAS,the OWNER and CITY have after due and careful consideration,concluded that it would be best to amend and restate the relevant terms and conditions of the pre-annexation agreement for the Oliver Parcel in this Agreement as the Oliver Parcel and Bristol Parcel are to be developed as one cohesive subdivision. The pre-annexation agreement is attached hereto and made a part hereof as EXHIBIT"B". I WHEREAS,the two parcels(collectively the"TERRITORY")are comprised of approximately 190 acres,more or less,and are depicted on the Plat of Annexation attached hereto and made a part hereof as EXHIBIT"C"; and WHEREAS, the OWNER and/or DEVELOPER shall develop the TERRITORY with uses and a design generally consistent with all the criteria contained in this Agreement and in the Preliminary Plat of Subdivision prepared by Jacob & Hefner, dated March 16, 2006, with a revision date of May 19,2006 attached hereto and made a part hereof as EXHIBIT"D"and in conformance with CITY Ordinances, except as expressly and specifically modified by this Agreement;and WHEREAS,the TERRITORY is currently contiguous with the existing corporate limits of the CITY,and is not within the boundary of any other city or village;and WHEREAS, the OWNER and CITY, respectively, have complied with all applicable ordinances and laws of the State of Illinois regarding annexation and development approvals and all petitions for zoning and development approvals relating to the TERRITORY, all pursuant to and upon such notices and related procedures as are required by the ordinances of the CITY and the laws of the State of Illinois;and WHEREAS,in fulfillment of the aforementioned requirements,the CITY published for and held a public hearing before the Plan Commission on June 14, 2006, on the Annexing and Rezoning proposal for the TERRITORY;and WHEREAS,also in fulfillment of the aforementioned requirements,the CITY published for and held a public hearing before the Mayor and Alderman on July 11,2006,on the proposed Annexation Agreement for the TERRITORY. 2 WHEREAS, the Mayor and Alderman, after due and careful consideration, have concluded that the execution of this Agreement subject to the terms and provisions of this Agreement, and the rezoning, subdivision and development of the TERRITORY as provided 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. NOW,THEREFORE,in consideration of the mutual covenants and promises herein contained,the parties agree to as follows: 1. ANNEXATION. The CITY agrees to restate the relevant portions of the pre- annexation agreement as set forth herein and immediately annex the TERRITORY into the corporate limits of the CITY pursuant to the Petition for Annexation. 2. TERM OF AGREEMENT. This Agreement shall be valid and binding for a period of twenty(20)years. In the event the annexation of the TERRITORY,the classification of the TERRITORY for zoning purposes or other terms of this Agreement are challenged in any court proceeding,the period of time during which such litigation is pending,shall extend the term of this Agreement day-for-day for the date of the filing of such action to and including the date of any final nonappealable order. 3. ZONING AND OTHER APPLICABLE ORDINANCES. The CITY has examined the Plat of Zoning,as hereinafter defined,this Agreement and other submissions and documentations provided or required in connection therewith and find that it is in compliance with this Agreement. 3 A. Contemporaneously with the annexation of the TERRITORY,the CITY shall adopt an ordinance amending the provisions of the Yorkville Zoning Ordinance so as to provide that the TERRITORY shall be classified into the zoning districts identified on the Plat of Zoning. Rezoning granted shall be in conformance with the Plat of Zoning attached here to and made a part hereof as EXHIBIT"E". B. Further,the CITY agrees to grant those modifications as specified in this Agreement,Preliminary Plat of Subdivision,and Exhibits made a part hereof. C. The CITY and OWNER/DEVELOPER agree that the TERRITORY shall be developed in substantial compliance with the ordinances of the CITY,and this Agreement, together with the Preliminary Plat of Subdivision and Exhibits attached hereto. D. Interim Uses: Interim uses set forth below shall be permitted anywhere on the TERRITORY during the term of this Agreement subject to City Subdivision Control,and/or other applicable ordinances,policies or regulations: a. All types of crop farming. b. Paved Parking lots for models. C. Stock piling of dirt,so long as the location of said stock piling does not impact any adjacent residences and/or active farmland crops and are not located on land to be dedicated for parks. d. Temporary detention. e. Construction storage and office/sales trailers,as permitted in Section 16 of this Agreement. f. Temporary Signs as permitted in Section 15 of this Agreement. Said interim uses shall be allowed only for activities taking place on the TERRITORY and not for any other off-site activities not related to the development of the TERRITORY. 4 E. DEVELOPER shall be allowed to submit final plats for approval in phases.The CITY shall approve the Final Plat(s)of Subdivision and such final plans so submitted at any time during the term of this Agreement,subject to the terms and conditions set forth herein provided that such plat(s)and plans substantially conform with the Preliminary Subdivision Plans and otherwise meet all the requirements of the CITY'S Municipal Codes, except as expressly and specifically modified by this Agreement. The CITY shall act upon any final plat and final engineering or resubmitted final plat and final engineering within sixty(60) days of its receipt of such final plat,final engineering and all necessary supporting documentation and information by either;(1)adopting such ordinances as may be required to approve such final plat and final engineering and cause the CITY to process and execute any such final plat of subdivision or(Z)issuing a letter of denial informing the applicant in writing and specifying in detail as to what corrections are necessary as a condition to the approval of any final plat and final engineering quoting the section of the Municipal Code or this Agreement relied upon by the CITY in its request for corrections. F. Throughout the term of this Agreement and any extensions thereof,any setbacks,lot sizes,lot widths,landscaping,and subdivision requirements incorporated in the Preliminary Subdivision Plan shall remain in effect and shall govern the development of the TERRITORY. G. All CITY ordinances,codes,policies and regulations with the exception of the City's Building Code in effect as of the date of this agreement shall be binding upon OWNER and/or DEVELOPER for a period of five(5)years. Thereafter said ordinances,policies and regulations then in effect shall apply,provided however,that the application of any such 5 ordinance,code,policy and regulation shall not result in a reduction in the number of residential or multi-family building lots herein approved for the TERRITORY,alter or eliminate any of the ordinance deviations provided for herein,nor result in any subdivided lot or structure constructed within the TERRITORY being classified as non-conforming. H. To the extent of any conflict or inconsistency between the terms or standards of this Agreement and the terms or standards of the Subdivision and Development Control Regulations,Zoning Ordinance,Building Code or any other applicable CITY code, ordinance,rule or regulation,the terms and standards of this Agreement shall control. 1. Nothing contained herein shall prevent the CITY from enforcing Code modifications or requirements by other governmental bodies having jurisdiction so long as the enforcement is done consistent throughout the CITY. J. OWNER and/or DEVELOPER may request and the CITY Administrator may approve minor changes to the Preliminary Plat of Subdivision subject to the provisions of this paragraph 3(J). All such changes shall be deemed incorporated into this Agreement. As used herein a change shall NOT be considered minor if it includes the following: a. A change in the use or character of the development. b. An increase of more than five percent(5%) in the overall coverage of structures. C. A relocation of any street,curb cut or intersection of more than twenty-five (25) feet in a manner that would reasonably be expected to increase the problems of traffic circulation or public utilities, or that would cause a significant negative impact upon the buffer or open space scheme. d. A reduction of more than five percent (5%) in approved open space. e. An increase of more than five percent(5%)in the total number of dwelling units,inclusive in total,may be approved by the CITY,without any public hearing,such 6 approval not to be unreasonably conditioned,delayed or denied. K. BUILDING CODE. The CITY has adopted the International Building Code, which is updated approximately every three years. The building codes for the CITY in effect as of the date of building permit application will govern any and all construction activity within the Subject Property. 4. PUBLIC IMPROVEMENTS AND SURETY BOND. A. Prior to the commencement of construction for a certain phase of the development,the OWNER and/or DEVELOPER shall provide the CITY with an irrevocable letter of credit or surety bond acceptable to the CITY and issued by an institution approved by the CITY(hereinafter sometimes collectively referred to as"Surety")in an amount equal to one hundred ten percent(I 10%)of the CITY approved estimate of the established costs of the land improvements to be undertaken for said phase to be developed on the TERRITORY. Any irrevocable letter of credit shall be in a form substantially as set forth in EXHIBIT"G". The estimate of cost shall be initially prepared by the engineer for the OWNER and/or DEVELOPER and shall then be submitted to the CITY engineer for approval,which approval shall not be unreasonably withheld,conditioned or delayed. B. The Surety shall constitute a guarantee that all the land improvements required will be constructed by the OWNER and/or DEVELOPER pursuant to this Agreement, the applicable CITY Ordinances,and the approved final engineering plans and specifications, and shall be completed within a period of time,not to exceed two(2)years from the Final Plan and Plat approval for the TERRITORY or any given Phase thereof(any extension of time may 7 be mutually agreed upon by the OWNER and/or DEVELOPER and the CITY),and that should the OWNER and/or DEVELOPER fail or default in the completion of such obligation within the permitted time,then the CITY may,after complying with the terms and conditions of the Surety, use the Surety to the extent necessary to complete or repair any and all of the improvements secured thereby. C. The OWNER and/or DEVELOPER shall be relieved of all continuing responsibility under a Surety provided pursuant to this Paragraph 4 once the CITY has accepted all land improvements required to be constructed with respect to a given lot(s)of the development of the TERRITORY,all warranty work for such Phase,if any,having been performed by OWNER and/or DEVELOPER and approved by the CITY,and all warranties of the OWNER and/or DEVELOPER hereunder have lapsed,provided,however,that as land improvements are partially completed and paid for by the OWNER and/or DEVELOPER and accepted by the CITY,the Surety deposited by the OWNER and/or DEVELOPER with the CITY,if requested by the OWNER and/or DEVELOPER,may be proportionately reduced or released on an individual improvement-by-improvement basis upon the review and recommendation of the CITY Engineer. Upon completion of a major portion of the public improvements required with respect to a given Phase of the development of the TERRITORY, the Surety shall be reduced by the CITY within sixty(60)days of receiving a positive recommendation from the CITY engineer that said Surety be reduced. The reduction of said Surety shall be in an amount proportional to the work then completed,as reviewed and recommended by the CITY Engineer. The CITY agrees that said review by the CITY engineer shall be of reasonable duration after the submittal of all documents required for said review. The 8 CITY agrees not to condition the reduction in the Surety on the construction of any public improvements not specifically included on the approved final engineering plans for said phase. Notwithstanding anything herein,the CITY shall be entitled to retain ten percent(10%) of the Surety as security for the OWNER'S and/or DEVELOPER'S performance of any warranty work required hereunder,and to use said ten percent(10%)to perform such warranty work in the event that the OWNER and/or DEVELOPER fails to do so. Upon the expiration of the OWNER'S and/or DEVELOPER'S warranty obligation hereunder,the CITY shall promptly release any remaining retained amounts under the relevant Surety. 5. UTILITY CAPACITY AND EXTENSIONS. A. The CITY has determined that the CITY's sanitary sewer transmission system,potable water,fire flow and water storage have sufficient capacity to adequately serve the anticipated uses of the TERRITORY when developed pursuant to the terms of this Agreement. B. To the best of the CITY'S and Yorkville Bristol Sanitary District's knowledge and belief,there is no administrative,judicial,or legislative action pending or being threatened that would result in a reduction of,or limitation upon any party's right to use the sanitary sewer and potable water supplies and systems serving the CITY,and the CITY will notify the OWNER and/or DEVELOPER and use best efforts to promptly take remedial action if such reduction or limitation is threatened in the future. 6. STORMWATER MANAGEMENT. A. The OWNER and/or DEVELOPER shall provide for storm water drainage 9 and the retention/detention thereof upon and from the TERRITORY in substantial conformity with the Preliminary Engineering,subject to review and approval of Final Engineering for each Phase subject to the depressional storage volume and the flood plain compensatory volume being provided in the TERRITORY in retention/detention areas above the TERRITORY storage volumes. OWNER and/or DEVELOPER shall use its best efforts to have all required plantings within the retention/detention areas established,weather permitting,prior to selling any lots which abut the retention/detention areas to individual home owners. 7. EXCAVATION,GRADING AND PREPARATION OF TERRITORY. The CITY agrees to allow the OWNER and/or DEVELOPER prior to final approval to allow mass earthwork and grading,provided that the CITY has approved mass grading and erosion control plans for such work,that the OWNERS and/or DEVELOPERS shall comply with all requirements of the CITY Erosion/Sediment Control Ordinance,and provided further that OWNERS and/or DEVELOPERS shall post a Surety in the amount of the cost of such work,as provided by the OWNER'S and/or DEVELOPER'S engineer,subject to the review and approval of the CITY Engineer,which approval shall not be unreasonably withheld,conditioned or delayed,with the CITY as security for the completion hereof,and provided that in the event that OWNERS and/or DEVELOPERS perform or construct any of the land improvements contemplated by Section 4 and Section 10 of this Agreement prior to the time that the CITY has approved the final engineering plans therefore,the CITY may exercise such remedies as it deems necessary to halt such work until such final engineering is approved. 8. RECAPTURE. A. In the event the OWNER and/or DEVELOPER are required by CITY to 10 oversize water,sanitary sewer,storm water pipes and/or facilities or construct roadways and traffic related improvements to serve or benefit other properties,the CITY agrees to enter into a recapture agreement for said costs including but not limited to engineering and reasonable interest costs as provided by law. Any recapture agreement shall be substantially in the form as attached hereto and made a part hereof as EXHIBIT"G". 9. EASEMENTS. A. In the event that during the development of the TERRITORY,OWNER and/or DEVELOPER determines that any existing utility easements and/or lines require relocation to facilitate development of the TERRITORY in accordance with the Preliminary Plat of Subdivision,the CITY shall fully cooperate with the OWNER and/or DEVELOPER in causing the vacation and relocation of such existing easements. In the event an offsite easement is required,and the OWNER and/or DEVELOPER is unable to acquire such necessary easement the CITY shall exercise its power of eminent domain to acquire the same,provided OWNER and/or DEVELOPER shall pay the reasonable costs incurred by the CITY as a result thereof. OWNER and/or DEVELOPER shall place a landscape buffer easement in the rear yards on the Final Plat covering Lots 131-117. Said landscape buffer easement shall be initially Dlanted by the OWNER and/or DEVELOPER but shall thereafter be maintained by the individual home owner for each Lot subject to the terms and conditions contained within the Homeowner's Association Documents Covenants and Restrictions Documents or other such documents governing the TERRITORY. B. Within 30 days of a written request from the United City of Yorkville,which includes legal 11 descriptions and exhibits as necessary,the OWNER or DEVELOPER shall grant permanent and temporary construction easements as necessary for the construction of extension of City utilities and appurtenances and/or other utilities to serve the subject property and other properties within the City of Yorkville. C. Within 30 days of a written request from the United City of Yorkville,which includes legal descriptions and exhibits as necessary,the OWNER or DEVELOPER shall convey by Warranty Deed, fee simple title of future highway or road right of way to the State of Illinois, Kendall County or the United City of Yorkville as necessary,regardless of whether or not these right of way needs have been previously identified in this agreement. Such request for conveyance of right of way shall have no impact on any previously entitled land development density or =roved plats. 10. CONNECTION TO CITY SERVICES. A. No users shall be permitted to connect to the sewer and water mains until the CITY or its designee(at the sole discretion of the City)has inspected and approved all such lines and the lines have received final regulatory approval from the Illinois Environmental Protection Agency,if required,and all applicable CITY and/or Yorkville Bristol Sanitary District fees have been paid. B. The sole and exclusive purpose of such connections by the OWNER and/or DEVELOPER shall be to provide sanitary sewer and potable water services to the subject TERRITORY. C. The OWNER and/or DEVELOPER shall be responsible for paying to the 12 CITY its tap-on connection fees pursuant to Section 21 and Exhibit H-I and H-2 of this agreement. 11. PUBLIC IMPROVEMENTS WARRANTY. A. The CITY,once it has had the opportunity to inspect and fully confirm 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 I IB.,shall accept their dedication subject to the OWNER'S and/or DEVELOPER'S warranty,as described herein,and shall thereafter operate,maintain,repair,and replace all such public improvement located therein. OWNER and/or DEVELOPER warrant that all public improvements required to be constructed by them hereunder shall be free from defects in workmanship or materials for a period of one(1)year after acceptance thereof by the CITY. Upon notice from the CITY,OWNER and/or DEVELOPER shall promptly commence to remedy any defects covered by the foregoing warranties,and in addition thereto,in the event that Deleted: the OWNERS and/or DEVELOPER'S construction of any_Phase of the development in the _ TERRIORTY is determined to have damaged any public improvements previously installed by the OWNER and/or DEVELOPER within the TERRITORY,then upon notice thereof from the CITY,OWNER and/or DEVELOPER shall promptly commence to repair or replace any and all public improvements so damaged. B. Infrastructure(public improvements and facilities)shall be accepted by the CITY according to the CITY Subdivision Control Ordinance. 12. PUBLIC UTILITIES. The installation of the necessary and appropriate on-site 13 electric,natural gas,cable television,and telephone services to the TERRITORY shall be by underground installation and pursuant to the requirements of such utility companies or pursuant to the agreement of the CITY with such entities. The CITY agrees to cooperate with the OWNER and/or DEVELOPER to permit the extension of all such utilities along existing public rights-of-way and otherwise allow the extension of all necessary utilities to the TERRITORY, provided,however,that the CITY'S agreement to cooperate with the OWNER and/or DEVELOPER to allow the extension of utilities to the TERRITORY shall in no way relieve the OWNERS and/or DEVELOPER of their obligations to obtain any and all easements and permits necessary to do so,at their sole cost and expense. 13. RIGHT-OF-WAY DEDICATIONS AND ROADWAY IMPROVEMENTS. The OWNER and/or DEVELOPER shall dedicate or cause to be dedicated to the CITY and/or applicable agency,all necessary rights-of-way as shown on the Final Plat of Subdivision for the TERRITORY. It is recognized that the roadway improvements to be installed by OWNER/DEVELOPER on Cannonball Trail maybe more than would be required by County ordinance and policy. The OWNER/DEVELOPER shall submit to the CITY and County its cost estimate for the extra cost involved with the all the Cannonball Trail improvements consistent with the County roadway guidelines("Cannonball Trail Extra Costs"). All of the cost estimates shall be supported by documentation and final determination of the costs shall be made by the County Engineer. In the event that the Cannonball Trail Extra Costs exceeds what would be required by County ordinance or policy,the OWNER/DEVELOPER shall receive a credit for the excess Cannonball Trail Extra Costs against the CITY collected County road fees. 14 14. INGRESS AND EGRESS. The CITY hereby agrees to approve the prdpwd public right-of-way connections,in which the CITY has jurisdictional control to review and approve,for the TERRITORY as shown on the Preliminary Plat of Subdivision attached hereto. The OWNER and/or DEVELOPER acknowledge that any proposed right-of-way connections to roadways outside the jurisdictional control of the CITY shall be reviewed and approved by said applicable jurisdiction. Prior to or concurrently with any final plan or final plat review,the OWNER and/or DEVELOPER shall submit written approval from the applicable jurisdiction for said right-of-way connections. OWNER and/or DEVELOPER shall provide a temporary emergency only access over,through and across Lot 132 until a point in time when a second means of ingress/egress is available to the TERRITORY west of Cannonball Trail. Specifications of the said emergency access is subject to the review and approval of the City and the Bristol-Kendall Fire District which review and approval shall not be unreasonably withheld. conditioned or delayed. After a second means of ingress/egress is available to the TERRITORY west of Cannonball Trail the OWNER and/or DEVELOPER may develop Lot 132 as a single family residence. 15. SIGNAGE. The CITY agrees to allow the following signage to be used in the development: A. Permanent Development EW Sign. (i) Definition: Main monument sign at entry locations of the subdivision Preliminary Plat of Subdivision. (ii) Number:Six(6). B. Temporary Signs. (i) Definition: Any sign,banner or advertisement for the development on the TERRITORY. 15 (ii) Number:Four(4). (iii) Maximum Size: Ten feet by ten feet(10'x 10')double sided. (iv) Removal: Said sign/s shall be removed upon completion of 85%build-out of the residential lots within the particular phase. C. Other Signs. (i) Definition: Any flag,balloon or other advertisement device. (ii) Removal: Said sign/s shall be removed upon completion of 85%build-out of the residential lots within the TERRITORY. D. Model Home Signs: One(1)identification sign in front of each model home;a maximum of four(4)feet in height and twelve(12)square feet in size. Model home signs shall be removed upon occupying the home for normal residential use. Formatted:Underline E. No Signs in a public Right of Way or easement,Permits_ OWNER/DEVELOPER , agrees that no signs shall be placed in a public Right of Way or easement,and that a permit shall be obtained prior to erecting any of the above signs. 16. MODELS MODEL AREAS,TEMPORARY TRAILERS. A. Construction. The CITY agrees to allow the DEVELOPER and/or the builder of the end product("BUILDER")to construct,maintain and use model home(s)during the development and build out of the TERRITORY prior to final plat approval for each type of housing product being constructed in a particular Phase of the development. Each DEVELOPER and/or BUILDER shall submit to the CITY for its review and approval plans and specifications for each model home(s)that the DEVELOPER and/or BUILDER seeks to construct within the model area provided construction of a dust free aggregate surface acceptable to the CITY and the 16 Bristol-Kendall Fire District in order to provide adequate emergency services to and adjacent to the said model(s);and posting of the necessary Surety guaranteeing public improvements. It is agreed that a model home(s)shall not be used as a model until it is connected to all utilities. In the event that the utilities are not available,the CITY shall permit,subject to City inspection of the connection,the DEVELOPER and/or BUILDER to install temporary electricity generators,propane gas tanks for heat and waste water holding tanks to serve the model home(s), provided that the Yorkville Bristol Sanitary District agrees to permit truck transport of wastewater and each such temporary tank shall be removed and disconnected and said model home(s)shall be connected to the utilities as soon as the utilities become available. DEVELOPER and/or BUILDER shall cause the effluent within such temporary tanks to be transported,from time to time,to a receptacle designated by the CITY within ten(10)miles from the perimeter of the TERRITORY. The DEVELOPER and/or BUILDER shall indemnify and hold harmless the CITY and its officers and employees from any liability for any losses caused as a result of utilities not being available to or connected to said model home(s). B. Model Area. The CITY agrees to permit in the model area,temporary fencing,lighting,signage and paved parking lots upon submission of appropriate plans to and approval by the CITY. Said temporary fencing shall not exceed four(4)feet in height,and be accessible for the provision of emergency services. Said temporary models signage shall be as per Section 15 of this Agreement. Prior to the CITY accepting the public improvements in the model area,the DEVELOPER and/or BUILDER shall remove all temporary fencing,lighting,signage,parking lot/s and promotional structures. 17 C. Tempoorary Sales Office Trailer.The CITY agrees to allow the DEVELOPER and/or BUILDER to construct and use temporary sales office trailer(s),subject to DEVELOPER and/or BUILDER submitting plans and specifications to the Building and Zoning Department and receiving approval of the same. In the event that the utilities are not available,the CITY shall permit,subject to City inspection,the DEVELOPER and/or BUILDER to install temporary electricity generators,propane gas tanks for heat and waste water holding tanks to serve the temporary sales office trailer(s). DEVELOPER and/or BUILDER shall cause the effluent within such temporary tanks to be transported provided the Yorkville Bristol Sanitary District agrees to permit truck transport of wastewater,from time to time,to a receptacle designated by the CITY within ten(10)miles from the perimeter of the TERRITORY. Said temporary sales office trailer shall be removed at such time as the model home(s)being served by said temporary sales office trailer are available for model occupancy. The DEVELOPER and/or BUILDER shall indemnify and hold harmless the CITY and its officers and employees from any liability for any losses caused as a result of utilities not being available to or connected to said temporary sales office trailer. D. Model Occupancy.Prior to the DEVELOPER and/or BUILDER occupying any model home or model unit,the DEVELOPER and/or BUILDER shall schedule a final inspection of said model home or model unit with the CITY's Building and Zoning Department. Upon approval of said final inspection,the respective model home or model unit may be used accordingly. E. Temporary Construction Office Trailer. The CITY agrees to allow the DEVELOPER and/or BUILDER to construct and use a temporary construction office trailer, 18 subject to DEVELOPER and/or BUILDER submitting plans and specifications to the Building and Zoning Department and receiving approval of the same. There shall be no more than two(2) temporary construction office trailers for each contractor providing construction services to said TERRITORY. In the event that the utilities are not available,the CITY shall permit the DEVELOPER and/or BUILDER to install temporary electricity generators,propane gas tanks for heat and waste water holding tanks to serve the temporary construction office trailers. DEVELOPER and/or BUILDER shall cause the effluent within such temporary tanks to be transported provided the Yorkville Bristol Sanitary District agrees to permit truck transport of wastewater,from time to time,to a receptacle designated by the CITY within ten(10)miles from the perimeter of the TERRITORY. The DEVELOPER and/or BUILDER shall indemnify and hold harmless the CITY and its officers and employees from any liability for any losses caused as a result of utilities not being available to or connected to said temporary construction office trailer. F. Temporary Construction Storage Trailers. The CITY agrees to allow the DEVELOPER and/or BUILDER to construct and use temporary construction storage trailers, subject to providing construction services to said TERRITORY submitting plans and specifications to the Building and Zoning Department and receiving approval of the same. There shall be no more than one(1)temporary construction storage trailer per contractor providing construction services to said TERRITORY. 17. LOT SIZES. The CITY agrees to the sizes,lot widths and depths for the land use areas identified in the Preliminary Plat of Subdivision attached hereto and incorporated herein as EXHIBIT"D". 19 18. SETBACKS AND/OR BUILDING SEPARATIONS. The CITY agrees to the setbacks and/or building separations for the land use areas identified in the Preliminary Plat of Subdivision attached hereto and incorporated herein as EXHIBIT"D". 19. ADJACENT FARMS. The OWNER and/or DEVELOPER of the TERRITORY acknowledge that Kendall County has a long,rich tradition in agriculture and respects the role that farming continues to play in shaping the economic viability in the County. Normal agriculture practices may result in occasional smells,dust,sights,noise and unique hours of operation that are not typical in other zoning areas. The OWNER and/or DEVELOPER of the TERRITORY agrees to incorporate the"Right to Farm"language on the Final Plat of Subdivision and incorporate similar language within the Homeowner's Association Documents,Covenants and Restrictions Documents or other such documents governing the subdivision. 20. STUB STREET CONNECTIONS. The OWNER and/or DEVELOPER of the property acknowledge that roadways which do not end in an intersection or a cul-de-sac will continue to the boundary of the TERRITORY to provide for a connection with future roadways and adjacent developments. 21. FEES DONATIONS AND CONTRIBUTIONS. Development fees for this property have been determined for the single-family detached units and for the attached and multi-family units and are attached in Exhibit"H-1"and H-2" The detached single family units(Exhibit H-1) uses the fee schedule of which portions are entitled by a 1994 agreement for a portion of the subject property.The duplex and multi-family unit fees are based on the current fees applicable at the date of this agreement. 20 A. OWNER and/or DEVELOPER shall pay fees to the CITY as set forth on the attached EXHIBIT 11H-1"and EXHIBIT"H-2"attached hereto and incorporated herein.The time at which the OWNER/DEVELOPER shall pay such fees shall be in accordance with the attached EXHIBIT"H-1"and"H-2". During the first five(5)years following the date of the Agreement,the CITY shall impose upon and collect from OWNER,and their respective contractors,only those permit,impact,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 Schedules attached hereto and made a part hereof as Exhibits"H-1"and"H-2"". At the expiration of this five year term,the CITY shall give the OWNER 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. OWNER and/or DEVELOPER may pre-pay any fee proposed to be changed which shall freeze said proposed fee increase and not affect the TERRITORY B. No contribution of land for school purposes shall be required of OWNER and/or DEVELOPER as a result of the development of the TERRITORY. In lieu of the contribution of land,OWNER and/or DEVELOPER agrees to pay to the CITY for distribution by the CITY to the School District,as OWNER and/or DEVELOPER's sole and exclusive contribution for school purposes as a result of the development of the TERRITORY,the sum of Deleted:a $1,504,594.00(hereinafter referred to as the"School Contribution"). Payment to satisfy,lie___ $1,504,594.00 cash contribution shall be payable to the School District at the time of issuance of a building permit for each dwelling unit as specified in Exhibit"H-1"and"H-2". 21 C. OWNER and/or DEVELOPER shall contribute 6.1 acres of land identified as Lot 405 on the Preliminary Plat of Subdivision and the total sum of$598,800.00 Deleted:a (hereinafter referred to as the"Park Contribution"). Payment to satisfy1he$598,800.00 cash contribution shall be payable to the CITY at the time of issuance of a building permit for each dwelling unit as specified in Exhibit"H-1"and"H-2". 22. CREATION OF HOMEOWNER'S ASSOCIATION AND DORMANT SPECIAL SERVICE AREA. OWNER and/or DEVELOPER shall create a Homeowner's Association that will be responsible for maintaining all common areas of the development,unless the same are accepted by the CITY. The OWNER and/or DEVELOPER shall further provide for the creation of a back-up"dormant"Special Service Area Tax for maintenance of said common areas and for the TERRITORY prior to or concurrent with the recording of the first Final Plat of Subdivision for the development. 23. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. The CITY agrees to issue within fifteen(15)business days after receipt of application to the CITY Building Department permits for the construction of any buildings or improvements of buildings or issue a letter of denial within said period of time informing DEVELOPER as to wherein the application does not conform to the stated Municipal Code sections or this Agreement. The CITY shall not limit the number of building permits which may be issued or the time of issuance of building permits during the term of this Agreement. The CITY agrees to issue within fifteen(15)business days after receipt of application to the CITY Building Department certificates of occupancy or issue a letter of denial within said 22 period of time informing DEVELOPER as to wherein the application does not conform to the stated Municipal Code sections or this Agreement. The CITY shall not be obligated to issue a certificate of occupancy for any residential unit constructed within the TERRITORY until the unit for which a certificate of occupancy is being sought is connected to and capable of being served by sanitary sewers,storm sewers,water mains,public streets,natural gas lines and electric utilities,and is in conformance with the CITY'S Building Codes. The above notwithstanding,the CITY agrees to issue conditional occupancy permits in the event that weather conditions prohibit the installation of certain subdivision improvements such as sidewalks,driveways,and required landscaping. The developer of the lot shall post a financial guarantee to cover the costs of said improvements not covered under the Surety submitted as provided in this Agreement. The CITY shall not limit the number of certificates of occupancy or the time of issuance of Certificates of occupancy during the term of this Agreement. No occupancy permits will be issued until the OWNER/DEVELOPER and/or BUILDER Deleted:proof to the CriY is provided provides to the CITY evidence the the Bristol Kendall Fire Protection District fire hydrants --- by wN�EtR/DEVELAPER has within 300 feet of the dwelling units being permitted are operational. Furthermore,the OWNER/DEVELOPER agrees to mark or bag fire hydrants that are not in service within the J301 days of construction. Notwithstanding anything herein to the contrary.the CITY agrees that the Models or Temporary Trailers within the TERRITORY shall not need an occupancy yermit. 24. CITY ASSISTANCE. The CITY agrees to cooperate and provide any reasonable assistance requested by the OWNER and/or DEVELOPER in applying for and obtaining any and all approvals or permits necessary for the development of the TERRITORY, 23 including,but not limited to those required from the Illinois Department of Natural Resources, the Illinois Environmental Protection Agency,the Army Corps of Engineers and the Federal Emergency Management Agency. The CITY further agrees to reasonably cooperate with the OWNER and/or DEVELOPER in obtaining all other permits and approvals required by the County of Kendall and other governmental units in connection with the contemplated development of the TERRITORY. 25. GOVERNING LAW;ENFORCEMENT;REMEDIES. A. The laws of the State of Illinois shall govern the validity,performance and enforcement of this Agreement. Enforcement shall be by an appropriate action or actions to secure the specific performance of this Agreement,or to secure any and all other remedies available at law or in equity in connection with,the covenants,agreements,conditions,and obligations contained herein. Venue for any action is in the Circuit court of Kendall County, Illinois. B. In the event of a material breach of this Agreement,the Parties agree that the defaulting party shall have thirty(30)days after notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein;provided,however, any breach by the OWNER and/or DEVELOPER reasonably determined by the CITY to involve health or safety issues may be the subject of immediate action by the CITY without notice or 30 day delay. C. In the event the performance of any covenant to be performed hereunder by either OWNER and/or DEVELOPER or CITY is delayed for causes which are beyond the reasonable control of the party responsible for such performance(which causes shall include,but 24 not be limited to,acts of God;inclement weather conditions;strikes;material shortages; lockouts;the revocation,suspension,or inability to secure any necessary governmental permit, other than a CITY license or permit;and any similar case)the time for such performance shall be extended by the amount of time of such delay. D. The failure of the Parties to insist upon the strict and prompt performance of the terms,covenants,agreements,and conditions herein contained,or any of them,upon any other party imposed,shall not constitute or be construed as a waiver or relinquishment of any party's right thereafter to enforce any such term,covenant,agreement,or condition,but the same shall continue in full force and effect. 26. INTEGRATION AND AMENDMENT. A. This Agreement supersedes all prior agreements and negotiations between the parties and sets forth all promises,inducements,agreements,conditions,and understandings between and among the parties relative to the subject matter hereof,and there are no promises, agreements,conditions,or understandings,either oral or written,express or implied,between or among them,other than are herein set forth. B. 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 Municipal Code and Illinois Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the TERRITORY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the TERRITORY not affected by such Amendment. Any modification to the Preliminary Plat of Subdivision shall not require an amendment to this Agreement. In the event the Parties desire to amend this Agreement, the 25 signature of all parties owning property within the TERRITORY shall not be required to effect such Agreement. Rather, only those property owners owning property within that portion of the TERRITORY actually and directly affected by the proposed Amendment shall be required to execute any Amendment hereto. 27. SUCCESSORS AND ASSIGNS. This Agreement shall constitute a covenant running with the land and be binding upon and inure to the benefit of the Parties hereto,their successors in interest,assignees,lessees. Upon the conveyance or assignment by OWNER, DEVELOPER AND/OR BUILDER of its interest in the TERRITORY to any successor, assignee,or nominee,OWNER,DEVELOPER AND/OR BUILDER shall be released from any and all further liability or responsibility under this Agreement,and the CITY shall thereafter look only to the successor,assignee,or nominee of OWNER,DEVELOPER AND/OR BUILDER concerning the performance of such duties and obligations of OWNER,DEVELOPER AND/OR BUILDER required herein. 28. SEVERABILITY. Should any provision of this Agreement,or application thereof to any party or circumstance,be held invalid and such invalidity does not affect other provisions or applications of this Agreement which can be given effect without the invalid application or provision,then all remaining provisions shall remain in full force and effect. 29. TIME. Time is of the essence of this Agreement and all documents, agreements,and contracts pursuant hereto. 30. NOTICE. All notices,elections,and other communications between the Parties hereto shall be in writing and shall be mailed by certified mail,return receipt requested,postage prepaid,or delivered personally,to the parties at the following addresses,or at such other address 26 as the parties may,by notice,designate: If to the CITY: United City of Yorkville Attn:City Clerk 800 Game Farm Road Yorkville,IL 60560 With a copy to: United City of Yorkville Attn:City Attorney 800 Game Farm Road Yorkville,IL 60560 If to the OWNER and/or DEVELOPER: Bristol Ridge,LLC Attn:James Menard 800 Roosevelt Road Building A,Suite 100 Glen Ellyn,IL 60137 With a copy to: Rathje&Woodward,LLC Kevin M.Carrara,Esq. 300 East Roosevelt Road,Suite 300 Wheaton,IL 60187 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. 31. CORPORATE AUTHORITIES. The parties acknowledge and agree that the individuals who are members of the group constitute the Corporate Authorities of the CITY are entering into this Agreement in their capacities as members of such group and shall have no personal liability in their individual capacities. 27 32. AGREEMENT. This Agreement or any Exhibits or attachments hereto,may be amended from time to time in writing with the consent of the parties hereto,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 the TERRITORY as provisions applying exclusively thereto,without the consent of the owner of portions of the TERRITORY not effected by such amendment. 33. ANNEXATION CHALLENGE. If for any reason and at anytime,the annexation of the TERRITORY to the CITY or the terms of this Agreement is legally challenged by any person or entity by an action at law or in equity,CITY shall:(1)cooperate with the OWNER and DEVELOPER in the vigorous defense of such action through all proceedings, including appeals;and(2)take such other actions as may be then or thereafter possible pursuant to the Illinois Municipal Code to annex the TERRITOTY and/or other properties to the CITY so that the annexation of the TERRITORY to the CITY can be sustained and/or effected under the terms of this Agreement. THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGE TO FOLLOW. 28 IN WITNESS WHEREOF,the undersigned have executed this Agreement as of the date first above named. UNITED CITY OF YORKVILLE, an Illinois municipal corporation: BY: Mayor ATTEST: City Clerk OWNER AND/OR DEVELOPER: BRISTOL RIDGE,LLC BY: James Menard,Manager 29 SCHEDULE OF EXHIBITS EXHIBIT A: LEGAL DESCRIPTION EXHIBIT B: PLAT OF ANNEXATIOJN EXHIBIT D: PRELIMINARY PLAT OF SUBDIVISION EXHIBIT E: PLAT OF ZONING EXHIBIT F: LETTER OF CREDIT EXHIBIT G: RECAPTURE AGREEMENT EXHIBIT H-1: SCHEDULE OF FEES-SINGLE FAMILY DETACHED UNITS EXHIBIT H-2: SCHEDULE OF FEES-DUPLEX&MULTI-FAMILY UNITS 30 EXHIBIT A: LEGAL DESCRIPTION 31 EXHIBIT B: PLAT OF ANNEXATIOJN 32 EXHIBIT C: PRE-ANNEXATION AGREEMENT 33 EXHIBIT D: PRELIMINARY PLAT OF SUBDIVISION 34 EXHIBIT E: PLAT OF ZONING 35 EXHIBIT F: LETTER OF CREDIT 36 EXHIBIT G RECAPTURE AGREEMENT THIS RECAPTURE AGREEMENT("Agreement"), is made and entered as of the day of , 200_,by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation("CITY") and ("DEVELOPER"). RECITALS: A. DEVELOPER is the OWNER and DEVELOPER of that certain real estate development located within the corporate limits of the CITY and commonly known as ("Subdivision"). B. DEVELOPER and the CITY have heretofore entered into that certain Annexation Agreement dated , 2006("Annexation Agreement")pertaining to the annexation and development of the Subdivision within the CITY. C. DEVELOPER desires to recapture an allocable share of the costs of constructing certain of the public improvements for the Subdivision('Recapture Items")which will provide benefit to other properties ('Benefited Properties") from the OWNERS of the Benefited Properties ('Benefited OWNERs"). D. DEVELOPER and the CITY are desirous of entering into this Agreement to provide for the fair and allocable recapture by DEVELOPER of the proportionate costs of the Recapture Items from the Benefited OWNERS, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth, and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the parties hereby agree as follows: 1. RECAPTURE ITEMS. The Recapture Items,being elements of the public improvements to be constructed as a part of the development of the Subdivision, are identified in Attachment"A" attached hereto('Recapture Schedule"). The Recapture Schedule identifies each Recapture Item and the estimated cost to construct each Recapture Item("Estimated Cost"). DEVELOPER shall cause each of the Recapture Items to be constructed in compliance with the provisions of the Annexation Agreement and to be accepted and conveyed to the CITY in accordance with applicable ordinances of the CITY. 2. BENEFITED PROPERTIES. The Benefited Properties are legally described in the Recapture Schedule attached hereto as Attachment"B". Each parcel of real estate contained within the Benefited Properties is referred to herein individually as a"Benefited Parcel". There are a total of (_)Benefited Parcels as identified in the Recapture Schedule. EXHIBIT G 3. RECAPTURE COSTS. The Recapture Item(s)which the Corporate Authorities of the CITY have determined will benefit a Benefited Parcel, and the prorata share of the Estimated Cost of each such Recapture Item to be allocated to such Benefited Parcel are set forth in the Recapture Schedule. The aggregate amount of the proportionate share of the Estimated Cost for each of the Recapture Items allocable to a Benefited Parcel is referred to herein as the "Recapture Costs". The Recapture Costs for each of the Benefited Parcels shall be as identified in the Recapture Schedule. Interest shall accrue on the Recapture Costs for the benefit of DEVELOPER at the rate of six percent(6%)per annum from the date the Recapture Item is completed until the Recapture Cost is paid. All references to Recapture Costs herein shall include accrued interest owed thereon. 4. COLLECTION OF RECAPTURE COSTS. The CITY shall assess against and collect from the Benefited OWNER of a Benefited Parcel,or any portion thereof,his successors and assigns, the Recapture Cost, calculated under Paragraph 3 of this Agreement for such Benefited Parcel. At such time as a Benefited OWNER, or its agent or representative,annexes and/or subdivides a Benefited Parcel, or any portion thereof, or subdivides the Benefited Parcel from a larger parcel of land, or applies to the CITY for issuance of a permit for connection to all or any of the Recapture Items, whichever shall first occur,the CITY shall collect from such Benefited OWNER, or its agent or representative,the applicable Recapture Costs, owed hereunder by such Benefited Parcel. No Benefited Parcel which is a part of a subdivision(whether by plat or division by deed) shall be approved or recognized by the CITY or be issued a connection permit to a Recapture Item by the CITY until such Benefited Parcel has fully paid the applicable Recapture Costs, owed by such Benefited Parcel under this Agreement. 5. PAYMENT OF RECAPTURE COSTS. Any Recapture Costs,collected by the CITY pursuant to this Agreement shall be paid to DEVELOPER, or such other person or entity as DEVELOPER may direct by written notice to the CITY,within thirty(30) days following collection thereof by the CITY. It is understood and agreed that the CITY's obligation to reimburse DEVELOPER shall be limited to funds collected from the Benefited OWNERs as provided herein, and payments made hereunder shall be made solely out of said funds. This Agreement shall not be construed as creating any obligation upon the CITY to make payments from its general corporate funds or revenue. 6. CITY'S OBLIGATION. The CITY and its officers, employees and agents shall make all reasonable efforts to make the aforesaid collections of the Recapture Costs,for each Benefitted Parcel. Neither the CITY or any of its officials shall be liable in any manner for the failure to make such collections, and DEVELOPER agrees to hold the CITY, its officers, employees and agents,harmless from the failure to collect said fees. In any event,however, DEVELOPER and/or the CITY may sue any Benefited OWNER owing any Recapture Costs, hereunder for collection thereof, and in the event DEVELOPER initiates a collection lawsuit,the CITY agrees to cooperate in DEVELOPER's collection attempts hereunder by allowing full and EXHIBIT G free access to the CITY's books and records pertaining to the subdivision and/or development of the Benefited Parcel and the collection of any Recapture Costs therefore. In the event the CITY and any of its agents, officers or employees is made a party defendant in any litigation rising out of or resulting from this Agreement, DEVELOPER shall defend such litigation, including the interest of the CITY, and shall further release and hold the CITY harmless from any judgment entered against DEVELOPER and/or the CITY and shall further indemnify the CITY from any loss resulting therefrom, except to the extent such loss results from the grossly negligent or willfully wrongful act or conduct of the CITY or any of its agents, officers or employees. 7. CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in this Agreement shall limit or in any way affect the rights of the CITY to collect other fees and charges pursuant to CITY ordinances,resolutions,motions and policies. The Recapture Costs provided for herein for each Benefited Parcel is in addition to such other CITY fees and charges. 8. TERM. This Agreement shall remain in full force and effect for a period of twenty(20) years from the date hereof,unless sooner terminated by the mutual agreement of the parties hereto or by the completion of all duties to be performed hereunder. In the event no portion of a Benefited Parcel is a part of a subdivision approved or recognized by the CITY and no connection permit as aforesaid is issued by the CITY for such Benefited Parcel within ten years following the date of this Agreement,this Agreement, and each and every duty and undertaking set forth herein pertaining to such Benefited Parcel, shall become null and void and of no further force and effect as to such Benefited Parcel. 9. LIEN. The recordation of this Agreement against the Benefited Properties shall create and constitute a lien against each Benefited Parcel, and each subdivided lot hereafter contained therein, in the amount of the Recapture Costs,plus interest, applicable hereunder to such Benefited Parcel. 10. MISCELLANEOUS PROVISIONS. A. Agreement: This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements and without the consent of any other person or corporation owning all or any portion of the Benefited Properties. B. Binding Effect: Except as otherwise herein provided,this Agreement shall inure to the benefit of and be binding upon the successors and assigns of DEVELOPER and any successor municipal corporation of the CITY. C. Enforcement: Each party to this Agreement, and their respective successors and assigns,may either in law or in equity,by suit,action,mandamus, or other proceeding in force and compel performance of this Agreement. EXHIBIT G D. Recordation: A true and correct copy of this Agreement shall be recorded, at DEVELOPER's expense,with the Kendall County Recorder's office. This Agreement shall constitute a covenant running with the land and shall be binding upon the Benefited Properties in accordance with the terms and provisions set forth herein. E. Notices: Any notice required or desired to be given under this Agreement,unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery, on the date of confirmed telefacsimile transmission provided a hard copy of such notice is deposited in the U.S. mail addressed to the recipient within twenty-four hours following the telefacsimile transmission, or on the date when deposited in the U.S. Mail,registered or certified mail,postage prepaid, return receipt requested, and addressed as follows: If to CITY: United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville, Il 60560 Fax: (630) 553-4350 with a copy to: John Wyeth, Esq. 800 Game Farm Road Yorkville, Il 60560 Fax: (630) 553-4350 If to OWNER F. Severability: The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefited Properties,shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. G. Complete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement,regarding the subject matter of this Agreement shall be deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. H. Captions and Paragraph Headings: Captions and paragraph headings incorporated herein are for convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof. EXHIBIT G I. Recitals and Exhibits: The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof. J. Enforceability: This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. EXHIBIT G IN WITNESS WHEREOF,the parties hereto have hereunto set their hands and seals as of the date first above written. DEVELOPER: CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: By: Mayor Title: President Attest: Dated: CITY Clerk EXHIBIT H-1 Bristol Ridge-Single Family Unit Fee Schedule Name of Fee Amoun Time of avment 1 School District Transition Fee $1,500 per unit' Paid to School District Office prior to application for building permit At time of building permit,paid at City Hall with separate check made out 2 Yorkville Bristol Sanitary District Connection Fee $1,400 per unit to YBSD 3 Yorkville Bristol Sanitary District Annexation Fee $3,523 per acre Paid for entire development,at time of annexation to sanitary district Yorkville Bristol Sanitary District Infrastructure 4 Fee $3,523 per acre Paid for entire development,at time of sanitary district $650+$.0.20 per 5 Building Permit Fee square foot Building Permit 6 Water Connection Fee $3,700 per unit Building Permit 71 Water Meter Cost(not applicable to fee lock) $390 per unit Building Permit 8 City Sewer Connection Fee $2,000 per unit Building Permit 9 Water and Sewer Inspection Fee $25 per unit Building Permit 10 Public Walks and Driveway Inspection Fee $35 per unit Building Permit 11a Public Works(Development Impact Fee) $450 per unit Building Permit 11b Police(Development Impact Fee) $150 per unit" Building Permit 11c Municipal Building(Development Impact Fee) $150 per unit* Building Permit 11d Library(Development Impact Fee) $150 per unit* Building Permit 11e Parks and Rec(Development Impact Fee) NIA` 111 Engineering(Development Impact Fee) NIA' ristol Kendall Fire District(Development 11g Impact Fee) $250 per unit* Building Permit 31653 per singe family 12 Parks Land Cash Fee detached unit Building Permit $1040 per duplex unit Building Permit $968 per townhouse unit Building Permit 4154 per single family 13 School Land Cash Fee detached unit Building Permit $2613 per duplex unit Building Permit unit Building Permit 14 Road Contribution Fund NIA' 15 County Road Fee WA" 16 Weather Waming Siren NIA' 1.75%of Approved Engineer's Estimate of Cost of Land Improvements 17 Administration Review Fee Final Plat 1.25%of Approved Engineer's Estimate of Cost of Land Improvements 18 Engineering Review Fee Final Plat "Fee rate as of April 21,19 EXHIBIT H-2 Bristol Ridge-Duplex and Multi Family Unit Fee Schedule Name of Fee Amount Time of Payment 1 School District Transition Fee $3,000 per unit Paid to School District Office prior to application for building permit At time of building permit,paid at City Hall with separate check made out to 2 Yorkville Bristol Sanitary District Connection Fee $1,400 per unit YBSD 3 Yorkville Bristol Sanitary District Annexation Fee $3,523 per acre Paid for entire development,at time of annexation to sanitary district 4 Yorkville Bristol Sanitary District Infrastructure Fee $3,523 per acre Paid for entire development,at time of sanitary district $650+$.0.20 per 5 Building Permit Fee square foot Building Permit 6 Water Connection Fee $3,700 per unit Building Permit 7 Water Meter Cost(not applicable to fee lock) $390 per unit Building Permit 8 City Sewer Connection Fee $2,000 per unit Building Permit 9 Water and Sewer Inspection Fee $25 per unit Building Permit 10 Public Walks and Driveway Inspection Fee $35 per unit Building Permit 11a Public Works(Development Impact Fee) $700 per unit Building Permit 11 b Police(Development Impact Fee) $300 per unit Building Permit Municipal Building Impact Fee is set up as$5,509 per unit it paid at time of see'time of permit,or$3,288 per unit if paid at time of final plat for all units in the entirety 11c Municipal Building(Development Impact Fee) payment" of the annexed development. 11d Library(Development Impact Fee) $500 per unit Building Permit 11a Parks and Rec(Development Impact Fee) $50 per unit Building Permit III Engineering(Development Impact Fee) $100 per unit Building Permit Bristol Kendall Fire District(Development Impact 11g Fee) $1,000 per unit Building Permit per single 12 Parks Land Cash Fee family detached Building Permit per duplex unit Building Permit per townhouse unit Building Permit per single 13 School Land Cash Fee family detached Building Permit per duplex unit Building Permit per townhouse unit Building Permit Calculated by ordinance,$80,000 Building Permit or Final Plat,depending on annexation/development 12 Parks Land Cash Fee per acre agreement and land/cash donations negotiated Calculated by ordinance,$80,000 Building Permit or Final Plat,depending on annexation/development 13 School Land Cash Fee per acre agreement and land/cash donations negotiated 14 Road Contribution Fund $2,000 per unit Building Permit $1,549 per unit, escalating each calendar year at a Building Permit rate determined by 15 County Road Fee ordinance 16 Weather Warning Siren $75 per acre Final Plat 1.75%of Approved Engineer's Estimate of Cost of Land 17 Administration Review Fee Im rovements Final Plat 1.25%of Approved Engineer's Estimate of Cost of Land 18 Engineering Review Fee Improvements Final Plat `Ak Co. Reviewed By: Legal ❑ City Council R 106 Engineer El Engineer ❑ t "� City Administrator El Agenda Item Tracking Number UT ; � �, �. y;d 20 Consultant El PC 2005-44 �� Human Resources E]ALE City Council Agenda Item Summary Memo Title: Schramm Property—Annexation and Zoning City Council/COW/Committee Agenda Date: September 19, 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: oIT o United City of Yorkville Memo 800 Game Farm Road EST. sus Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 <LE ��• Date: September 12, 2006 To: Economic Development Committee/COW From: Travis Miller, Community Development Director Subject: Schramm Property Annexation, Zoning and Concept PUD Plan Comments General Comments The City has requested this property owner to annex to the City of Yorkville. The zoning appropriate for this property is PUD based on the mix of uses recommended by the Comprehensive Plan. This property consists of approximately 182 acres and includes the land area between the Rob Roy Creek and Rt 47 (west of 47). Comprehensive Plan Recommendations The Comprehensive Plan Land Use Plan recommendation is Commercial north of the Commonwealth Edison power lines and Transitional Neighborhood(gross density up to 3.5 units per acre) south of the power lines with Park/Open Space along the Commonwealth Edison property. The proposed concept plan substantially conforms to the Comprehensive Plan land use recommendations for this area. Concept Plan Comments 1. The residential density is proposed at 5.16 units per acre (Comprehensive Plan maximum recommendation is 3.5 units per acre) 2. At the time the City began discussions with this property owner, the Zoning Ordinance permitted 12 units per acre in R-4 classifications. The proposed 18 acre multi-family/condo area is proposed with 16 units per acre. Justification for Allowing Density Increase: • Section 2,Item E of the Annexation Agreement provides special provisions for design standards for the residential development on this property that will ensure a higher standard of construction than current City ordinance requires. • Stormwater will be managed offsite by the Raymond Regional Stormwater Facility(to south of property). This allows more developable land on the property and would enable the property to sustain a higher density. Revised September 12,2006 STATE OF ILLINOIS ) )SS COUNTY OF KENDALL ) ANNEXATION AGREEMENT OF DONALD E. SCHRAMM and STANDARD BANK AND TRUST AND THE UNITED CITY OF YORKVILLE This Annexation Agreement(hereinafter"Agreement"),is made and entered into this_day of ,2006,by and between the UNITED CITY OF YORKVILLE, a municipal corporation,hereinafter referred to as: "CITY"and DONALD E. SCHRAMM and STANDARD BANK AND TRUST, as Trustee Under a Certain Agreement dated April 1,2004 and known as Trust Number 18190,herein after referred to collectively as "OWNER". WITNESSETH WHEREAS, OWNER own fee simple title to the real property which is legally described in Exhibit"A" attached hereto, consisting of approximately 182.25 acres,more or less(hereinafter"PROPERTY"); and WHEREAS, it is the desire of OWNER to provide for the annexation of the subject real PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; and to provide that when said PROPERTY is annexed zoning will be granted at that time; and OWNERS propose that the PROPERTY be rezoned as a Planned Unit Development as depicted on the zoning plat attached hereto and incorporated herein as Exhibit"B",to be developed with single-family detached,townhomes,two-family, and apartment residences and a commercial area with the B-3 permitted uses as depicted on the Concept PUD Plan dated July 5,2006 attached hereto and incorporated herein as Exhibit"C"; and WHEREAS, it is the desire of the CITY to annex the PROPERTY and facilitate its development pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS, OWNER and CITY has or will perform all acts and execute all documents required by law to effectuate such annexation; and WHEREAS,it is the intent of OWNER to utilize the regional stormwater management system located north of Galena Road and south of Galena Road for the subject PROPERTY; and WHEREAS, all notices required by law relating to the annexation of the PROPERTY to the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS,the Corporate Authorities of the CITY have duly fixed the time for a 1 Revised September 12, 2006 public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Compiled Statues; and WHEREAS,the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to annexation all as required by the provisions of the CITY's Ordinances and Illinois Compiled Statutes; and WHEREAS,in reliance upon the development of the PROPERTY in the manner proposed, OWNER and the CITY have agreed to execute all petitions and other documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 15.1-5, inclusive,relating to Annexation Agreements, the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the subject PROPERTY and to provide for various other matters related directly or indirectly to the annexation of the PROPERTY in the future, as authorized by, the provisions of said statutes; and WHEREAS,pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have had such public hearing and have taken all further action required by the provisions of 65 ILCS 5/11-15-1.3 and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Agreement by the CITY. NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois,the parties agree as follows: 1. ANNEXATION. OWNER has filed with the Clerk of the CITY a duly and properly executed petition pursuant to, and in accordance with the provisions of 65 ILCS 5/7-1-1 et seq. to annex the PROPERTY and any adjacent roadways not previously annexed to the United City of Yorkville. 2. ZONING A. Contemporaneously with the Annexation of the subject PROPERTY,the CITY shall adopt an ordinance amending the provisions of the United City of Yorkville Zoning Ordinance so as to provide that the PROPERTY shall be classified as a Planned Unit Development as depicted on the zoning plat attached hereto and incorporated herein as Exhibit"B",to be developed with single-family detached, townhomes,two-family, and apartment residences and a commercial area with the 2 Revised September 12,2006 B-3 permitted uses as depicted on the Concept PUD Plan attached hereto and incorporated herein as Exhibit"C". B. Contemporaneously with the Annexation of the PROPERTY,the CITY shall, if necessary, amend its Comprehensive Plan to provide for the uses on the PROPERTY that are reflected in this Agreement. C. The CITY and OWNER agree that the PROPERTY shall be developed in substantial compliance with the ordinances of the CITY in effect at the time of passage of this agreement by the City Council of the UNITED CITY OF YORKVILLE, for a period of five(5)years from the date of approval of the final plat. After the expiration of said five(5)year time frame,if there have been changes in Subdivision Control Ordinances or Fee Ordinances,the same shall be applied to the subject property as duly passed by the UNITED CITY OF YORKVILLE. D The CITY shall allow the `Multi-Family/Condo' land use area depicted by the Concept PUD Plan(Exhibit"C")be converted to `Commercial' and allow uses 1ermitted within the B-3 zoning classification without further action or approval of City Council E. The City has adopted the International Building Code,which is updated approximately every three years. The building codes for the CITY in effect of the date of the building permit application will govern any and all construction activity within the Subject Property. F. SPECIAL PROVISIONS for DESIGN STANDARDS: The below design standards are in addition to the required standards of the CITY regulated by the City's Appearance Code(Title 8, Chapter 15). 1. Single-Family Detached Residential Unit Design Standards: a. Masonry products* shall be incorporated on the front facade* of 75% of the total units. b. A minimum of 75% of the front fagade* of each building shall incorporate masonry products*. A 10%reduction of the required masonry area will be given for each major architectural feature on the front fagade. c. A minimum of 50% of each building elevation shall incorporate premium siding material* d. Primary structures shall be constructed upon either a basement or foundation— `slab' construction shall not be used. 2. Single-Family Attached Residential Unit Design Standards: a. Masonry products* shall be incorporated on the front fagade* of 100% of the total townhome buildings. 3 Revised September 12, 2006 b. A minimum of 50%of the front fagade* of each building shall incorporate masonry products*. c. A minimum of 50% of each building elevation shall incorporate premium siding material*. d. Each unit shall include two (2) enclosed parking spaces. 3. ANNEXATION TO SANITARY DISTRICT OWNER agrees to file the necessary petitions and agreements to request annexation and sanitary sewer service for the PROPERTY from the applicable sanitary district indicated on the Facility Plan Area for the applicable sanitary district and the City agrees the cost of the Facility Plan Area is included within the annexation planning process as outlined in Section 4.I as reimbursable or deferred until final plat approval. 4. DONATIONS AND CONTRIBUTIONS A. The DEVELOPER shall pay a School Transition Fee as set out in the applicable City Ordinance at the time of execution of this Agreement as to School Transition fees per residential dwelling unit in said subdivision,to the Yorkville Community School District, City Development fees per residential dwelling unit to the United City of Yorkville, and other fees to the United City of Yorkville in conformance with the City Ordinances or as modified herein. Said Transition, development, and other fees shall be paid per residential dwelling units concurrent with and prior to the issuance of each respective subject residential building permit. Said fees are being paid voluntarily and with the consent of OWNERS and any DEVELOPER based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. The CITY agrees that the amount of fees including, but not limited to water connection fees, sewer connection fees, development fees, capital contribution fees and school transition fees to be paid by OWNER or any DEVELOPER shall consist of the fee enacted at the time of execution of this Agreement for a period five(5)years from the approval of the final plat for the property by the United City of Yorkville. Upon the expiration of the five(5)year period OWNER and/or any DEVLOPER shall be pay the current fee as enacted by Ordinance by the United City of Yorkville. The OWNER knowingly waives any claim or objection as to amount of the specific fees negotiated herein voluntarily.No School Transition Fees, or School-Park Land Cash Fees shall be charged on any real property zoned for business purposes under the terms of this Agreement. B. OWNER shall pay all school and park land-cash fees as required under existing City Ordinances. OWNER shall be subject to the requirements under existing City Ordinances for a period of five(5)years from the date of submittal of any final plat for the PROPERTY. In the event of the expiration of said five (5)year period OWNER and/or any DEVELOPER shall all school and park land-cash fees or provide land dedication as required under the then existing City Ordinance. 4 Revised September 12, 2006 C. It is understood and agreed between the parries hereto that the Property and each Phase and Parcel may continue to be used and occupied(without any change or alteration) for the current uses of the existing OWNER of the Property and/or as are permitted in the current zoning classifications. D. THE UNITED CITY OF YORKVILLE agrees to abate Real Estate Taxes for,the City's portion of the City and Library Real Estate Taxes as to the subject parcel. The abatement will occur until the development of the property or upon a Final Plat of Subdivision being recorded for any portion of the subject real property whichever is earlier. E. Owner shall not be required by THE UNTIED CITY OF YORKVILLE to connect to the city water or Sanitary Sewer System as a result of entering into this annexation Agreement. F. In the event City water and sewer are unavailable at the time Owner desires to develop the subject property,the City will give consideration to a request for a variance from its subdivision Control Ordinance for use of private well and septic systems. In determining the applicability of such a variance for the subject parcel,the City shall consider soil types, density, intended use of the development, and proximity of the subject parcel for extension of sanitary sewer and water mains,as well as capacity of those municipal and sanitary district systems. G. Upon annexation,police protection; 911 service, and library service will be provided by the City at no charge to Owner. H. The City will not require the Owner annex to Yorkville Bristol Sanitary District or other applicable sanitary district,until platting or a building permit seeking to connect to the City sewer system is sought by Owner. I. The UNITED CITY OF YORKVILLE will provide,through its Engineer or Planner, an initial concept plan, if so desired,to the property owner. City agrees that in consideration of Owner voluntarily entering into this Annexation Agreement,the City at its expense shall pay all of its Consultants, all publication, application, annexation and recording fees for the Annexation and Zoning of the subject property, planning, including Facility Plan amendment to the JEPA,plus other costs directly related to the annexation platting and recording of the annexation agreement and shall at City expense,prepare an Annexation Plat thereof and all necessary Ordinances. J. The CITY will cooperate with OWNER in obtaining all necessary governmental approvals including,without limitation,the approval of the Illinois Department of Transportation("IDOT") access permits and right-of-way connections to the Property or any Parcel or Phase thereof. Subject to the terms of the Agreement, OWNER shall dedicate to the CITY all necessary on-site right-of-ways, and construct all on-site public right-of-way improvements for the Property and all roadways as shown on the 5 Revised September 12, 2006 Site Plan. The CITY will support the application of access permits for one(1) full access request along Route 30 and one (1) access permits along Route 47 K. That the OWNER agrees to comply with the United City of Yorkville Landscape Ordinance and specifically complete the necessary vegetation and tree survey for the PROPERTY pursuant to the aforementioned Ordinance.Furthermore, the OWNER agrees to cooperate in or cause the incorporation of stream enhancements along the entire length of the Rob Roy Creek that promote naturalization and improved fish species habitat such as creating native wooded buffers,when the property is developed. L. Within 30 days of a written request from the United City of Yorkville,which includes legal descriptions and exhibits as necessary, the OWNER or DEVELOPER shall grant permanent and temporary construction easements as necessary for the construction of extension of City utilities and appurtenances and/or other utilities to serve the subject property and other properties within the City of Yorkville. Such request for easements shall have no impact on any previously entitled land development density. M. Within 30 days of a written request from the United City of Yorkville, which includes legal descriptions and exhibits as necessary, the OWNER or DEVELOPER shall convey by Warranty Deed, fee simple title of future highway or road right of way to the State of Illinois, Kendall County or the United City of Yorkville as necessary,regardless of whether or not these right of way needs have been previously identified in this agreement. Such request for conveyance of right of way shall have no impact on any_previously entitled land development density and the OWNER/DEVELOPER will receive compensation at fair market value for such dedications for areas greater than the requirements set forth by the Subdivision Control Ordinance for a road classification. 5. OVERSIZING. In the event OWNER is required on-site to oversize any water, storm sewer or City sanitary sewer lines to accommodate other properties, CITY agrees to require anyone connecting to said lines to pay the CITY who then shall reimburse OWNER within 30 days of connection by the OWNER of any other parcel of real property connecting to said improvements, for OWNER'S costs in oversizing said lines including costs for deepening said lines and any engineering fees, and other costs associated therewith. In the event the OWNER seeks said reimbursement,the parties agree separately that the Recapture Agreement shall be executed pursuant to and in compliance with the Illinois Compiled Statutes 65 ILCS 5-9-5-1, Local Government Act governing the Recapture with the requisite Public Hearing being held and Requisite Recapture Ordinance being approved by the City Council contingent on the percentage of the benefit to the OWNER and including the service area effected. 6 Revised September 12, 2006 In the event any said oversizing is required,the CITY and OWNER agree to prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and approving the same within a reasonable amount of time after those costs are ascertained. OWNER agrees to hold the UNITED CITY OF YORKVILLE harmless and indemnify the CITY from any liability as a result of any Recapture imposed. 6. TIME IS OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence in this Agreement, and that all parties will make every reasonable effort to expedite the subject matter hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 7. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto,their successors and assigns including,but not limited to, successor owners of record, successor developers,lessees and successor lessees,and upon any successor municipal authority of the CITY and successor municipalities for a period of twenty(20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. 8. NOTICES AND REMEDIES. Nothing contained herein shall require the original named OWNER in this Agreement to undertake any of the development obligations in this Agreement; those obligations being the responsibility of the DEVELOPER of the subject parcel and/or future OWNER of the subject parcel of real property. Upon a breach of this Agreement, any of the parties in any court of competent jurisdiction, by any action or proceeding at law or in equity,may exercise any remedy available at law or equity. Before any failure of any party of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement,the party claiming such failure shall notify in writing,by certified mail/return receipt requested,the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. Notice shall be provided at the following addresses: CITY: UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville,IL 60560 7 Revised September 12, 2006 City Attorney: John Wyeth, City Attorney 800 Game Farm Road Yorkville,IL 60560 OWNER OWNER'S ATTY: 9. AGREEMENT TO PREVAIL OVER ORDINANCES. In the event of any conflict between this Agreement and any ordinances of the CITY in force at the time of execution of this agreement or enacted during the pendency of this agreement, the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency. 10. It is specifically understood and agreed that OWNER and its successors and assigns shall have the right to sell,transfer,mortgage and assign all or any part of the PROPERTY or any Phase or Parcel and the improvements thereon to other persons, trusts,partnerships, firms, or corporations for ownership, operation, investment,building, financing, developing, construction and all such purposes, and that said persons,trusts, partnerships, firms or corporations shall be entitled to the same rights and privileges and shall have the same obligations as OWNER has under this Agreement, and upon such transfer, such obligations relating to that part of the PROPERTY sold, transferred, mortgaged or assigned shall be the sole obligation of the transferee, except for any security posted by OWNER on any subdivided or unimproved property for which an acceptable substitute security has not been submitted to the CITY,and transferor shall be relieved of all duties and obligations hereunder relating to that portion of the PROPERTY, Phase or Parcel so sold,transferred or assigned,without limiting the foregoing provisions of this Section. 11. PARTIAL NVALIDITY OF AGREEMENT. If any provision of this Agreement(except those provisions relating to the requested rezoning of the PROPERTY identified herein and the ordinances adopted in connection herewith), or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect the application or validity of any, other terms, conditions and provisions of this Agreement and, to that end, any terms, conditions and provisions of this Agreement are declared to be severable. 8 Revised September 12, 2006 If, for any reason during the term of this Agreement, any approval or permission granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances effectuating the zoning,variations and plat approvals proposed herein. 12. USE OF PROPERTY FOR FARMING/ZONING. Any portion of the PROPERTY,which is not conveyed or under development as provided herein,may be used for farming purposes, regardless of the underlying zoning. IN WITNESS WHEREOF, the parties have executed this Annexation Agreement the day and year first above written. CITY: THE UNITED CITY OF YORKVILLE By: MAYOR Attest: CITY CLERK OWNER: DONALD B. SCHR.AMM BANK AND TRUST, as Trustee Under a Certain Agreement dated April 1,2004 and known as Trust Number 18190 By: 9 EXHIBIT A PARCEL 3:, THAT PART OF THE NORTHWEST QUARTER OF SECTION 4,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,BEING DESCRIBED BY COMMENCING AT THE CENTER OF SAID SECTION 4;THENCE SOUTH 67 DEGREES 57 MINUTES 28_SECONDS WEST ALONG THE SOUTH LINE Of SAID NORTHWEST QUARTER SECTION, 1428.37 FEET; THENCE NORTH 0 DEGREES 22 MINUTES 20 SECONDS WEST A DISTANCE OF 232.35 FEET;THENCE SOUTH 89 DEGREES 01 MINUTES 00 SECONDS EAST OF 275.60 FEET TO THE WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47 FOR THE POINT OF BEGINNING; THENCE WESTERLY ALONG THE LAST DESCRIBED COURSE A DISTANCE OF IS.35 FEET TO THE CENTERLINE OF ROB ROY CREEK;THENCE NORTH 1 DEGREE 24 MINUTES 14 SECONDS EAST ALONG THE CENTER LINE OF SAID CREEK,A DISTANCE OF 300.01 FEET TO A POINT OF BEND; THENCE NORTH 1 DEGREE 43 MINUTES 41 SECONDS WEST ALONG SAID CENTERLINE OF CREEK A DISTANCE OF 178.98 FEET TO A POINT OF BEND;THENCE NORTH 4 DEGREES 28 MINUTES 30 SECONDS WEST ALONG SAID CENTERLINE OF CREEK TO A POINT OF BEND;THENCE NORTH 5 DEGREES 39 MINUTES 22 SECONDS EAST ALONG SAID CENTERLINE OF CREEK A DISTANCE OF 81.24 FEET TO THE SOUTH LINE OF COMMONWEALTH EDISON RIGHT OF WAY; THENCE NORTH 87 DEGREES 57 MINUTES 16 SECONDS EAST ALONG SAID RIGHT OF WAY A DISTANCE OF 71.14 FEET TO SAID WESTERLY RIGHT OF WAY OF ILLINOIS ROUTE 47;THENCE SOUTH ALONG SAID RIGHT OF WAY,A CURVE TO THE LEFT HAYING A RADIUS OF 8962.22 FEET A DISTANCE OF 756.89 FEET TO THE POINT OF TANGENCY OF SAID CU RVE;THENCE SOUTH 0 DEGREES 11 MINUTES 32 SECONDS EAST A DISTANCE OF 3.29 FEET, THENCE SOUTH 89 DEGREES 48 MINUTES 28 SECONDS WEST A DISTANCE OF 10.00 FEET;THENCE SOUTH 0 DEGREES 11 MINUTES 32 SECONDS EAST A DISTANCE OF 129.72 FEET TO THE POINT OF BEGINNING ALL IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. ' ?A?CEL 4: THAT PART OF THE NORTH HALF OF SECTION 4,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL IMERIDIAN BEING DESCRIBED AS FOLLOWS; COMMENCING AT THE CENTER OF SAID SECTION 4 FOR THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 57 MINUTES 28 SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTH HALF OF SEL71ON 4, 1426.37 FEET; THENCE NORTH 0 DEGREES 22 MINUTES 20 SECONDS WEST 232.35 FEET; C HENCE SOUTH 89 DEGREES 01 MINUTES WEST 170.60 FEET TO T'I E EASTERLY RIGHT OF WAY LINE OF ILiTNOIS ROUTE 47; THENCE NORTH 0 DEGREES 11 MINUTES 24 SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, 231.55 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 8567.22 FEET;'THENCE NORTHERLY ALONG,SAID CURVED PlGHT OF WAY ZINE, 1871,17 FEET TO A POINT OF TANGENT OF SAID CURVE,; THENCE NORTH 12 DEGREES 19 MINUTES I9 SECONDS EAST ALONG SAID TANGENT 113.54 FEET TO A POINT OF BENCH IN SAID RIGHT OF WAY; THENCE NORTH 40 DEGREES 43 MINUTE'S 59 SECONDS EAST ALONG SAID RIGHT OF WAY,8.63 FEET TO A POINT OF BEND IN SAID RIGHT OF WAY LINE;THENCE NORTH 14 DEGREES 55 MINUTES 44 SECONDS EAST ALONG SAID RIGHT OF WAY L NE,294.39 FEET TO A POINT OF SEND IN SAID RIGHT OF WAY LINE; THENCE NORTH 0 DEGREES 49 MINUTES 06 SECONDS EAST 352,75 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 30, THENCE NORTH 7S DEGPEES 2S MINUTES 26 SECONDS EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE, 219.10 FEET; THENCE NORTH, 89 DEGREES 04 MINUTES EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE 2276.94 FEET TO THE EAST LINE OF Tt4E WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 4, THENCE SOUTH 1 DEGREE 17!MINUTES 27 SECONDS EAST ALONG SAID EAST LINE 2951.$0 FEET TO THE SOUTHEAST CORNER OF THE WEST HALF OF SAID NORTHEAST QUARTER OF SECTION 4,THENCE SOUTH 87 DEGREES 57 MINUTES 28 SECONDS WEST ALONG SAID SOUTH LINE 1324.92 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PART DEEDED TO COMMONWEALTH EDISON COMPANY FOR RIGHT OF WAY, ALL IN THE TOWNSHIP OF BRISTOL., KENDALL COUNTY, ILLINOIS, PARCEL 5: THAT PART OF THE NORTHWEST QUARTER OF SECTION 4,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,BEING DESCRIBED BY COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 4, THENCE NORTH 69 DEGREES 06 MINUTES 10 SECONDS EAST ALONG THE NORTH LINE OF SAID SECTION 4 A DL5TANCE OF 1370.65 FEET TO A POINT IN THE CENTERLINE OF ROD ROY CREEK FOR THE POINT OF BEGINNING; THENCE EASTERLY ALONG THE LAST DESCRIBED COURSE A DISTANCE OF 7.92 FEEL'TO THE WESTERLY RIGHT OF WAY LIME OF ILLINOIS ROUTE 47; THENCE SOUTH ALONG SAID RIGHT OF WAY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 9SD9�34 MET A DISTANCE OF 654.90 FEET TO THE POINT OF NON-TANGENCY OF SAID CURVE WHOSE CURVE BEARS SOUTH 10 DEGREES 01 MINUTES 43 SECONDS WEST A DISTANCE OF 654.77 FEET;THENCE SOUTH 12 DEGREES 19 MINUTES 18 SECONDS WEST A DISTANCE OF 199.17 FELT TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 665222 FEET; THENCE SOUTHERLY ALONG SAID CURVED RIGHT OF WAY A DISTANCE OF 627,98 FEET WHOSE CHORD BEARS SOUTH 9 DEGREES 15 MINUTES 16 SECONDS WEST A DISTANCE OF 927.54 FEET TO THE NORTH LINE OF COMMONWEALTH EDISON RIGHT OF WAY; THENCE SOUTH 87 DEGREES 57 MINUTES 16 SECONDS WEST ALONG SAID RIGHT OF WAY A DISTANCE OF 70.57 FEET TO THE CENTERLINE OF SAID ROB ROY CREEK;THENCE NORTH 5 DEGREES 39 MTNU7ES 22 SECONDS EAST ALONG SAID CENTERLINE OF CREEK A DISTANCE OF 125.73 FEET TO A POINT OF BEND; THENCE NORTH 12 DEGREES 21 MINUTES 10 SECONDS EAST ALONG SAID CENTERLINE OF CREEK A DISTANCE OF 1670.51 FEET TO THE POINT OF BEGINNING ALL IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. „, .. . ,--$470,,,.-.V.F i'X'”..• :--4, ..,- :--,- ,,, _ " i ' "'• 1 *I'-'.-4.''.1,= .. , ..,. . . . ... ., W "`:, '4.. .-— • i c,..,,c,„;/ .;:.• . , • : .. 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DRIDNAM MRIWR MLMDriMMFIATOR7RDRPROYJDTOIXW Ol DOMDANTAIM ,atE OF I(( ®YgtO lff8AlOMO MLATRAMRIUMMTMiU4MYOPPRFIRMMM *�•Ry _oar _-- { ACRES OLIN p NOMALRO, Q , PaOP®ONALGNDMLV6YORH!)U Batt RAUR2 �P,, R B & ASSOCIATES 22MIOAawaITTFIZZ LAND SURVEYORS, INC. 7RALWDgRffiPRas7YOrIDlNMOA7R Ll11mTORYC741RRC.A7DCBAIL ADrn00®IGlAAYa1109 tP1RROR6TfYWC6TFDl77TMUAOOT tvIv 191 `ymm� ' cal�rtDIAAwIRDIHRDADO PrvRNSe�aaAATRwDaInsYQr.RIe lIRI■M0.4dli�MRi f Reviewed By: ate+ Legal ❑ City Council s Finance ❑ sw Engineer ❑ City Administrator ❑ Agenda Item Tracking Number ¢ ►.."-- q` Consultant F1 PC 2006-61 Human Resources ❑ City Council Agenda Item Summary Memo Title: GCM Properties—Special Use Request City Council/COW/Committee Agenda Date: September 19, 2006 Synopsis: Special Use Request for a Daycare Facility in a B-3 Zoning District 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: ,gD Cl United City of Yorkville Memo 800 Game Farm Road Vs Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 LE �vti Date: September 12, 2006 To: EDC/COW From: Travis Miller, Community Development Director Cc: Lisa Pickering Subject: PC2006-61 GCM Properties Special Use Request Staff Comments The Plan Commission will be conducting a Public Hearing for this request September 25, 2006. The Plan Council reviewed this petition August 24, 2006 and clarified the following information: - Business will have approximately 20 students during the hours of operation; - Three employees are planned to operate business; - Hours of operation will be 8:15-11:30 am and 12:15-3:00 pm Monday-Friday; - Peak traffic times will be 8:00-8:15, 11:15-11:30, 12:00-12:15 and 3:00-3:15 resulting in minimum conflict with existing traffic peaks on Route 34; Findings Necessary for Approval The City Zoning Ordinance requires that no special use shall be recommended by the Plan Commission unless said Commission shall find that: 1. The establishment,maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety,morals, comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted,nor substantially diminish and impair property values within the neighborhood. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission. (Ord. 1973-56A, 3-28-74) City Council may take action on this request September 26, 2006 provided the Plan Commission renders a recommendation September 25,2006. E ' III `.tEd Co. Reviewed By: 32 0 Le al ❑ City Council 110 Finance ❑ Engineer ❑ City Administrator ❑ Agenda Item Tracking Number ' Q Consultant ❑ PC 2006 �. Human Resources ❑ LE City Council Agenda Item Summary Memo Title: Westhaven—PUD Amendment Request City Council/COW/Committee Agenda Date: September 19, 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 -� im Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 LE Date: September 12, 2006 To: EDC/COW From: Travis Miller, Community Development Director Cc: Lisa Pickering Subject: PC 2006-19-Westhaven—Request to Amend PUD Staff Comments: 1. Public Hearing was conducted by City Council May 9, 2006 for this request. 2. The petitioner for this request has changed from Pulte Homes to Lakewood Homes, Inc. since the public hearings and most recent EDC discussions. 3. The amendment requests for this PUD are exactly the same as requested/presented at Public Hearings. 4. Attached find staff report prepared April 13,2006 for April 20,2006 EDC discussion: a. All items continue to be recommended by staff. Route 47 Improvements 1. Staff recommends the amended PUD agreement include a provision that requires the Owner/Developer to contribute a proportionate share of the Preliminary and Design Engineering estimated at$1,183,000. The proportionate share for Westhaven is estimated to be 17.77%based on the percentage of road lineal frontage combined with the estimated traffic to be generated by Westbury. Therefore, a minimum contribution of$210,261 should be included in the amended PUD agreement. 2. Staff recommends the amended PUD agreement include a provision stating the Owner/Developer will allow the commercial portion of the property to be within a Business District in the event the City chooses to create such a district to fund Route 47 improvements. Potential Shallow Water Resources 1. Staff recommends the amended PUD agreement include a provision to allow the City to access the property to conduct shallow well resource investigations and feasibility analysis. 2. Staff recommends the amended PUD agreement include a provision to require the Owner/Developer modify the Preliminary Plan layout to accommodate locations for shallow wells in the event locations are identified by the investigations above and to the extent that these locations could be accommodated without reducing the quantity of dwelling units entitled by the Preliminary Plan. 2��0 qtr a United City of Yorkville Memo 800 Game Farm Road Wr - s3s Yorkville, Illinois 60560 Telephone: 630-553-8545 O Fax: 630-553-3436 ZLE Date: April 13, 2006 To: Economic Development Committee From: Travis Miller, Community Development Director Subject: Westhaven (Del Webb) Request: PUD amendment 1. Plan Commission held public hearing April 12,2006 and moved unanimously to forward a recommendation to approve the request to City Council. Amendment includes: 1. Recital D.i. - The 256 acre R-3 Residential Zoning Classification would need to be changed to 314 acres. This reflects a reduction of 80 acres(now proposed as B-3)and the addition of 138 acres (originally proposed as R- 2) 2. Recital D.H.—The 294 acre R-2 Residential Zoning Classification would need to be changed to 156 acres. This reflects a reduction of 138 acres (now proposed as R-3) 3. Recital D.H.—The 30 acre B-3 would need to increase to 110 acres. This reflects the addition of 80 acres (originally proposed as R-3) 4. Minimum Lot Size increases a. The proposed PUD includes new typical lot diagrams slightly modified from the originally proposed PUD. Currently,there are no duplex units proposed(original included 244 duplex lots) 1. Premier Lots (153 lots) a. proposed minimum size= 7,244 sqft b. original minimum size=7,150 sqft 2. Classic Lots (423 lots) a. proposed minimum size=5,610 sqft b. original minimum size= 5,500 sqft 3. Manor Lots (originally duplex) (418 lots) a. proposed minimum size=4,892 sqft b. original minimum size =4,719 sqft Issues• 1. Current PUD agreement includes a 15.2 acre school site that the proposed concept plan does not show. Recommendation: require this site be included on the concept plan attached to PUD amendment or noted clearly in the agreement the developer/owner will provide a 15.2 acre school site on the property. 2. Requesting amendment to allow B-3 to revert to R-3 if not developed "within a specific time frame"—this time frame is not defined. Recommendation: not to approve any reversion of zoning classification. 3. Rob Roy Creek Enhancement: Recommendation: require a note be added to the concept plan and provisions written into the annexation agreement requiring the commercial development to incorporate stream enhancements along the entire length of the creek that promote naturalization and improved fish species habitat such as creating native wooded buffers, increase the width of portions of the corridor and filter any runoff from any proposed stormwater outlets. 4. Regional Bike Trail: Recommendation: require the applicant to provide a note on the plan to require the commercial development to incorporate the trail connecting to the Bailey Meadows south end and aligning with the Westbury segment at Galena Road. This alignment will need to be adjacent to the Rob Roy Creek. 5. Commercial Access: a. The south access drive shown on the Del Webb plans connecting the commercial area to Galena Road is consistent with staff recommendations and will align with commercial access to the south. b. An access from Bailey Meadows to the south has been recommended which will serve as a connection to the commercial area. Recommendation: require a note be added to the plans and agreement requiring the commercial development to connect a street to Bailey Meadows at this location. r Clr a United City of Yorkville Memo 800 Game Farm Road ME 1M Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 LE Date: April 10, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer CC: John Wyeth, City Attorney Travis Miller, Community Development Director Lisa Pickering, Office Assistant Subject: Westhaven—Proposed Annexation and PUD Agreement I have reviewed the proposed annexation and PUD agreement, dated 9/21/05, and have the following comments: • All exhibits must be provided for review. • The title of the agreement should reference the common name of the development (Westhaven), and the developer(Pulte/Dell Webb). • The agreement should include language that Rob Roy Creek shall be enhanced and protected per IDNR recommendations. • Section 2.A—The size of the B-3 zoned parcel should be reviewed for accuracy. • Section 4—Delete language in the first paragraph that makes the city responsible for off-site street related improvements. • Section 5.13—Clarify to state that the city, at this time,has sufficient water capacity. • Section 6.A—Correct the address for YBSD. • Section 6.0—Revise to state that the DEVELOPER shall be responsible for adding the property to YBSD's facility planning area. • Section 6.13—Change the date for construction of the Rob Roy Creek Interceptor North Branch#1 contract to September 2006. • Section 6.13—Revise to state that the DEVELOPER shall construct the "Westerly Trunk Line". • Section 6.E—Revise to state that the Rob Roy Creek Interceptor is being extended from YBSD's treatment plant,not Rob Roy Creek itself. Revise to state that the DEVELOPER shall prepay the IPF fees to YBSD,not the city. Revise the IPF fee amount to the current amount per acre, and state that the IPF fee is subject to change at the discretion of YBSD. Delete reference to the $2000 city connection fee as being used to help fund the Rob Roy Interceptor. • Section 6.17—State that the wastewater pumping operation is subject to YBSD approval. • Section 7.A—Revise to state that the only public infrastructure in the age restricted residential parcel shall be watermains and sanitary sewer mains. Streets, storm sewers, sidewalk, streetlights, and parkway landscaping shall be privately owned and maintained. • Section 7.B—Correct the spelling for Beecher Road as several locations. Revise to state that the $2000 city road fee shall only be used for perimeter roadway improvements beyond what is required by ordinance. Revise the county road fee to the correct amount, and state that both fees are subject to change from time to time and that the developer shall pay those fees that are uniformly applied throughout the city.Delete the language that requires the city to fund improvements to Galena,Beecher,and Baseline Roads. Delete the language that requires IDOT to make improvements to Route 47. • Section 8.A—Revise the 4t'line by replacing the word"public"with"land". • Section 8.13—Revise the end of the second paragraph to state"...not later than ninety (90)days following completion of the punchlist." • Section 10—Revise by replacing the phrase"expiration of said five(5)year period"with"execution of this agreement". • Section 13.A—Revise the grace period to 6 months to agree with the grace period in Section 10.A. • Section 17—Revise the P paragraph to state that any hydrants not made operational within 30 days of construction shall be bagged or otherwise marked as not in service, and that the DEVELOPER shall provide an acceptable schedule to the city and BKFD for making them operational. Define the word"neighborhood" in this paragraph. • Section 25.13—Revise to state that the DEVELOPER must submit satisfactory grading and erosion control plans to the city prior to the issuance of a Site Development Permit. • Section 28—Revise to state that the DEVELOPER shall pay the cost or relocating other utilities such as gas mains, buried communication lines, etc. If you have questions regarding any of these comments,please see me. Em -tla At Cly. Reviewed By: J� t 0 Legal r-1 City Council Finance ❑ EM '" -- 18M Engineer ❑ A enda Item Tracking Number City Administrator ❑ g g p 20 Consultant ❑ PC 2006-37 ALE `�v� Human Resources ❑ City Council Agenda Item Summary Memo Title: O'Keefe Property City Council/COW/Committee Agenda Date: September 19, 2006 Synopsis: Annexation and Zoning request to B-3 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: o United City of Yorkville Memo 'A 800 Game Farm Road 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 <LE ��'�• Date: September 12,2006 To: Economic Development Committee/COW From: Travis Miller, Community Development Director Subject: PC 2006-37 O'Keefe Property Request: Annexation and Rezoning to B-3 - The Plan Commission unanimously motioned to recommend approval of this request July 26,2006. Comprehensive Plan Recommendations The Comprehensive Plan Land Use Plan for the area predominately recommends Commercial with Transitional Neighborhood at the eastern and southern fringes of the property. The B-3 zoning classification requested is appropriate and supported by the Comprehensive Plan for this property. The Comprehensive Plan also recommends an east to west street connection from Rt 47 across the property to the property adjacent to the east. The proposed plan provides this street connection. General Comments Route 47 Improvements: Route 47 improvements including an additional two lanes(for a four lane cross section) between Comeils Road(south)to Baseline/Route 30(north)has been proposed by the City and endorsed by IDOT. The conceptual design for this improvement has been prepared by EEI along with right-of-way delineation necessary for the improvements. Phase I and Final Engineering are the next steps and subject to funding. The annexation agreement for this property includes language/provisions regarding participation in Section 14. Staff has worked with the petitioner to arrive at the language in Section 14. WWI Y Draft: 09/12/06 ANNEXATION AGREEMENT (O'Keefe Subdivision) THIS ANNEXATION AGREEMENT("Agreement"),is made and entered into as of this day of ,2006,by and between The Betty O'Keefe Family Limited Partnership,an Illinois Limited Partnership,owner of approximately 140.9 acres of property located east of Illinois Route 47,and south of Galena Road,in Bristol Township,Kendall County,Illinois. Permanent Index Number 02-09-100-003. (hereinafter referred to as"OWNER"),the Lundmark Group,LLC,an Illinois limited liability company,developer of lots 2&3 which lots are legally described in Exhibit"D",Property Concepts Inc.,an Illinois Corporation,developer of lot 4 which lot is legally described in Exhibit"D"(hereinafter referred to as "DEVELOPERS"), 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". 1 RECITALS: A. OWNER is the owner of record of certain parcels of real estate legally described and shown on the Plat of Annexation,attached hereto as Exhibit"A"(hereinafter referred to as "SUBJECT PROPERTY"). B. OWNER desires to annex the SUBJECT PROPERTY to the CITY for the purposes of developing a water park along with other permitted B-3 Service Business Zoning District uses,as limited in Exhibit"F"of this Agreement. C. OWNER and DEVELOPERS desire to proceed with the development of a water park facility along with various other commercial and office uses in accordance with the terms and provisions of this Agreement. D. OWNER and DEVELOPERS propose that the SUBJECT PROPERTY be zoned under the B-3 Service Business District provisions of the City Zoning Ordinance ("Zoning Ordinance") as depicted on the Legal Descriptions of Zoning Parcels attached hereto and incorporated herein as Exhibit`B", for a water park facility and other commercial uses within the B-3 Service Business District as limited in Exhibit"F"of this Agreement. E. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning on July 26, 2006. The Plan Commission concluded their deliberations on this case at their July 26, 2006 meeting. City Council conducted the public hearing on the annexation agreement on August 22,2006. F. The CITY,OWNER,and DEVELOPERS have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. 2 G. The Corporate Authorities, after due and careful consideration, have concluded that the execution of this Annexation Agreement subject to the terms and provisions of this Agreement, and the zoning, subdivision and development of the SUBJECT PROPERTY as provided for herein,will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits,promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. H. (i) Each party agrees that it is in the best interests of the OWNER, DEVELOPERS and the CITY to annex and develop the SUBJECT PROPERTY described in the Attached Exhibit "A" as a B-3 Service Business District allowing for a water park facility identified as commercial recreation park within the B-3 Service Business District as well as all other permitted commercial uses, except as limited by Exhibit "F"of this Agreement in conformance with the United City of Yorkville's Comprehensive Plan. (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the OWNER and DEVELOPERS to provide for specific performance standards in the development of the SUBJECT PROPERTY. (iii) Each party agrees that it is in the best interest of the OWNER, DEVELOPERS and the CITY that the SUBJECT PROPERTY be developed in an orderly and efficient fashion. (iv) Each party agrees that a substantial impact will be placed on the services of the United City of Yorkville and other governmental agencies by development of said real property. 3 (v) The SUBJECT PROPERTY is contiguous to the corporate boundaries of the CITY. I. It is the desire of the Parties that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect,except as otherwise provided in this Agreement. J. The OWNER and DEVELOPERS and their representatives have discussed the proposed annexation and have had public hearings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois 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 Plat attached hereto as Exhibit"C"to be approved by the City Council upon the following terms and conditions and in consideration of the various agreements made between the parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. Furthermore, the preceding recitals of this Agreement are incorporated herein as if they were written in full at this place in the Agreement. 2. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and zone the SUBJECT PROPERTY under the B-3 4 Service Business District under provisions of the CITY Zoning Ordinance. The Zoning Map of the CITY shall thereupon be modified to reflect the classification of the SUBJECT PROPERTY as aforesaid. It is further understood and agreed to by the Parties that a water park facility as well as any and all customary uses and structures are permitted uses within said B-3 Service Business District as limited by Exhibit"F"of this Agreement. The Interim use set forth below shall be permitted anywhere on the SUBJECT PROPERTY during the term of this Agreement: a. All types of crop farming. The interim uses set forth below shall be permitted anywhere on the SUBJECT PROPERTY if they are directly related to the development of the SUBJECT PROPERTY or the development of the Raymond Regional Storm Water Facility: a. Borrow-Pits. b. Stock-piling of dirt and sale and removal of topsoil. C. Temporary storm water management(pursuant to Section 4 of this Agreement). d. Dewatering activities. Said interim uses shall be allowed only for activities taking place on the SUBJECT PROPERTY and not for any other off-site activities not related to the development of the SUBJECT PROPERTY. OWNER and DEVELOPERS agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY,unless otherwise provided for herein,and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement. 3. FUTURE FINAL PLATS AND FINAL ENGINEERING. The CITY recognizes the development of the SUBJECT PROPERTY may occur in stages or units over a 5 period of time. Accordingly, the CITY grants permission to OWNER and DEVELOPERS to stage the development on their respective parcels over a period of twenty (20) years and to submit separate final plats and final engineering for approval of each phase. The CITY shall act upon any final plat and final engineering submittal within a reasonable amount of time of it's receipt of such final plat or final engineering. The plat review and consideration by the CITY shall not exceed the limitations set out in 65 ILCS 5/11-12-8 (2002). The CITY shall not require engineering to be submitted for any phase of the SUBJECT PROPERTY that is not within the particular final plat for a parcel, phase, or unit being submitted for approval by OWNER and DEVELOPERS however,the CITY may require engineering for infrastructure on or off-site that the CITY determines is required to serve the parcel, phase, or unit under consideration. 4. MODIFICATIONS OF LOCAL CODES. The specific modifications and deviations from the CITY'S ordinances,rules, and codes contained herein have been requested, approved and are permitted with respect to the development, construction, and use of the SUBJECT PROPERTY. ("Permitted Modifications"). (A) If OWNER and DEVELOPERS choose to provide temporary on-site storm water management then OWNER and DEVELOPERS shall be granted approval by the CITY to utilize a maximum of six (6) feet of bounce in any storm water management areas located upon the SUBJECT PROPERTY. (B) In addition to the signs allowed under the CITY Zoning Ordinance OWNER and DEVELOPERS shall be allowed one illuminated permanent sign up to one hundred(100)square feet in area on each lot advertising the water park facility,and other commercial areas located on the SUBJECT PROPERTY.. (C) The CITY shall allow the DEVELOPER of lots 2 & 3 to construct the water slides to a maximum height of one-hundred(100)feet. (D) Upon the opening of the water park facility DEVELOPER of lots 2 &3 shall be allowed to provide over-flow parking for the water park facility on lot 2 and a portion of lot 3 if the need arises,and CITY also agrees to allow DEVELOPER of lots 2&3 to utilize lots 2 &3 as grass parking lots until the water park facility has been operational for two (2) operating 6 seasons, at which the time CITY will evaluate the need for additional paved areas to provide additional parking. The CITY shall base it's determination of the need for additional paved areas upon Lots 2 & 3 through an analysis of the daily attendance at the water park facility and utilization of the grass parking lots during the preceding two year period. Grass parking lots shall be designed, subject to CITY approval, to adequately drain and include a minimum 2% grade,no more that 6 inches of topsoil,and include established turf prior to any parking activity. Parking activities on said grass lots areas shall be managed by the DEVELOPER of lots 2&3 to ensure general public safety and include proper aisle spacing between vehicles to enable emergency access. (E) Upon satisfaction of all other CITY ordinances the CITY shall grant occupancy and operation permits of the water park facility once temporary intersection improvements are operational,and upon Illinois Department of Transportation approval. (F)If the Raymond Regional Storm-Water Facility(hereinafter referred to as"Raymond Facility" is not operational at the time of completion of the water park facility the CITY shall allow DEVELOPER of lots 2& 3 to utilize interim storm water management areas upon lots 2 &3 at a location and in a manner as approved by the CITY engineer. If the DEVELOPER of lots 2&3 utilizes interim storm water management upon lots 2&3 then DEVELOPER of lots 2 &3 shall not be required to buy into the Raymond Facility until they utilize said facility. In the event that Lots 2 & 3 are utilized for interim storm water management purposes, then the Developer of Lots 2 & 3 shall not be permitted to utilize said interim detention areas for overflow parking until said lots are no longer used for storm water management. (G) The Park Department has requested that the OWNER and/or DEVELOPERS construct a ten (10) foot wide asphalt path on the south side of Galena Road. Therefore, the CITY agrees to allow OWNER and DEVELOPER to construct said ten(10) foot wide path on the south side of Galena Road in lieu of a sidewalk at the time that particular phase or unit of the SUBJECT PROPERTY is developed. (H) To provide for a unique and aesthetically pleasing development CITY agrees to collaborate with DEVELOPER of Lots 2 & 3 to explore alternatives to providing landscaped islands within the parking lots of Lots 2 & 3. It is understood between the Parties that the DEVLOPER of Lots 2&3 shall be obligated to provide the same quantity of landscape plantings 7 under current CITY ordinance, however the CITY shall consider alternative locations for said parking lot island landscaping which will benefit both the SUBJECT PROPERTY as well as surrounding properties. 5. UTILITIES.EASEMENTS AND PUBLIC IMPROVEMENTS. OWNER and DEVELOPERS agree that any extension and/or construction of utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as modified by this Agreement. Any on-site work and the cost thereof shall be the responsibility of OWNER and DEVELOPERS except as otherwise provided in this Agreement. The CITY represents to OWNER and DEVELOPERS that the CITY owns potable water,fire flow and water storage facilities that will have sufficient capacity to adequately serve the needs of the OWNER and DEVELOPERS and occupants of the SUBJECT PROPERTY as developed pursuant to this Agreement. With respect to sanitary sewer treatment capacity, the CITY shall assist and cooperate with OWNER and DEVELOPERS in their efforts to acquire adequate sanitary sewer treatment capacity from the appropriate sanitary district for use upon the SUBJECT PROPERTY. The CITY represents to OWNER and DEVELOPERS that except for water main recapture charges payable for the Galena Road water main extension between Bristol Bay and the Grande Reserve Development, , and recapture charges payable for the Raymond Facility neither OWNER nor DEVELOPERS shall become liable to the CITY or any other party for recapture upon the annexation and/or development of the SUBJECT PROPERTY for any existing sewer or water lines or storm water lines and/or storage facilities that may serve the SUBJECT PROPERTY. However,subject to the terms of this Agreement,DEVELOPERS shall be responsible to pay sewer and water connection fees for the commercial parcels. In the event that during the development of the SUBJECT PROPERTY, OWNER or DEVELOPERS determine that any existing utility easements and/or underground lines require relocation to facilitate the completion of the development of the SUBJECT PROPERTY, the CITY shall fully cooperate with OWNER and DEVELOPERS in causing the vacation and relocation of such existing easements and/or utilities. 8 The CITY shall not require the OWNER or DEVELOPERS to relocate and/or bury any of the existing over-head utility that are adjacent to the SUBJECT PROPERTY. The CITY shall fully cooperate with and support OWNER and DEVELOPER'S applications for access points to the SUBJECT PROPERTY located on Illinois Route 47 and Galena Road with the Illinois Department of Transportation as well as Kendall County to insure proper development of the SUBJECT PROPERTY. The CITY shall require that the owners and/or developers of property immediately to the south of the SUBJECT PROPERTY establish cross-access easements with regard to any private drive located off of Route 47. The CITY agrees that such cross-access easements shall include the right of access by contiguous and adjacent property owners to access points onto the public right-of-way. Said access to be accomplished by crossing portions of adjacent land if necessary. The OWNER and DEVELOPERS agree to provide cross-access easements on all lots within the SUBJECT PROPERTY and to the property adjacent to the southern border of the SUBJECT PROPERTY. If any off-site easement or license is determined by the OWNER and/or DEVELOPERS to be necessary to facilitate development of the SUBJECT PROPERTY the CITY agrees to use it's best efforts to assist OWNER and/or DEVELOPERS to pursue acquisition of any such easement. Within 30 days of a written request from the CITY,which includes legal descriptions and exhibits as necessary,the OWNER and/or DEVELOPERS shall grant permanent and temporary construction easements as necessary for the construction and extension of CITY utilities and appurtenances and/or other utilities to serve the SUBJECT PROPERTY and other properties within the CITY. However,OWNER and/or DEVELOPERS shall not be obligated to grant any temporary or permanent easements if such grant of easement would in any way encumber the SUBJECT PROPERTY. Furthermore,if an easement previously granted to the CITY is found to encumber the development and/or occupation of the SUBJECT PROPERTY it shall be the CITY'S sole obligation to relocate any such easement at the sole cost of the CITY. It is acknowledged between the Parties that the Raymond Facility will be constructed by the CITY to provide storm-water management for the entire SUBJECT PROPERTY, and the OWNER and DEVELOPERS will contribute their pro-rated share toward construction of the 9 Raymond Facility. If the CITY is unable to construct the Raymond Facility which will serve the SUBJECT PROPERTY in a timely fashion commensurate with OWNER and DEVELOPERS anticipated development of the SUBJECT PROPERTY then OWNER and/or DEVELOPERS shall be allowed to undertake all or a portion of the construction of the Raymond Facility or provide the interim or temporary storm water storage on the SUBJECT PROPERTY as contemplated in paragraph 4(F) of this Agreement. The duration of use of said interim or temporary storm water storage shall terminate once the Raymond Facility is able to accept the storm water from the SUBJECT PROPERTY at which time all storm water conveyance shall be sent to the Raymond Facility. If OWNER and/or DEVELOPERS undertake any construction of the Raymond Regional Facility it is agreed to by the Parties that OWNER and DEVELOPERS will be fully compensated by the CITY for constructing any such portion of said Raymond Facility. Compensation shall be granted to the OWNERS and DEVELOPERS by the CITY based on a reduction in the amount of the required buy-in amount to participate in the Raymond Facility. The Parties will calculate the volume required to serve the SUBJECT PROPERTY,and then reduce that amount by calculating the amount of volume which was excavated by OWNER and/or DEVELOPERS. OWNERS and DEVELOPERS will then only be required to buy-in based upon that reduced amount which takes into consideration the capacity excavated by OWNER and/or DEVELOPERS. The Parties further agree that during the construction of the Raymond Facility any clay or top soil removed from the site may be utilized by OWNER and/or DEVELOPERS for grading of the SUBJECT PROPERTY at no charge to the OWNER and/or DEVELOPER. The OWNER and DEVELOPERS agree to provide a temporary access easement to the CITY a minimum of 50' wide across the SUBJECT PROPERTY to allow for a"haul route" to transport soil and/or clay from the Raymond Facility to Lot 1 of the SUBJECT PROPERTY until Lot 1 has been properly filled pursuant to approved engineering specifications. OWNER and DEVELOPERS agree to provide a storm water conveyance route along the portion of the SUBJECT PROPERTY adjacent to Illinois Route 47 within the dedicated right-of- way as depicted in Exhibit" "(to be prepared by Travis)for use by the owner of the Northgate development, and other properties north of Galena Road as dictated by the CITY provided it does not interfere with the development of the SUBJECT PROPERTY. 10 The DEVELOPER of Lots 2&3 agree to obtain written permission from the CITY prior to drawing the initial 1,000,000 gallon water charge necessary for the water park facility each year. It is understood by the Parties that this initial charge will likely occur each year during either the month of April or the month of May, and will occur during off peak hours to be determined and instructed by the CITY. Upon DEVELOPERS compliance with the requirements of this paragraph the CITY agrees to grant said written permission without delay allowing for the initial charge of the water park facility. 6. SECURITY INSTRUMENTS. A. Posting� ecuri ty. DEVELOPERS shall deposit,or cause to be deposited,with the CITY such irrevocable letters of credit or surety bonds("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The DEVELOPERS shall have the sole discretion, subject to compliance with Illinois Compiled Statutes, as to whether an irrevocable letter of credit or surety bond will be used as the Security Instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer,may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five percent (85%) of the value certified by the City Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. Perimeter roadways and onsite improvements may be dedicated, constructed, and/or bonded as independent Phases of Development at the sole discretion of the DEVELOPERS, as long as adjacent phases are seventy percent (70%) constructed. 11 B. Acceptance of Underground Improvements and Streets. The CITY, once it has had the opportunity to inspect and fully confirm that the public improvements required to be constructed under this Agreement comply with CITY approved plans,specifications,and ordinances,shall approve all such public improvements, all in accordance with this agreement,and shall accept their dedication subject to the DEVELOPER'S warranty, as described herein, and shall thereafter operate, maintain, repair, and replace all such public improvements located therein. The procedure for acceptance of improvements shall comply with CITY ordinances. DEVELOPERS 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, DEVELOPERS 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 DEVELOPERS within the SUBJECT PROPERTY, then, upon notice thereof from the CITY,DEVELOPERS shall promptly commence to repair or replace any and all public improvements so damaged. C. Reduction of Sure tv Within sixty (60) calendar days after (a) receipt of notice from the OWNER and/or DEVELOPERS that certain of the public improvements and facilities within a phase of the SUBJECT PROPERTY under development have been completed, and (b) delivery to the City of all required documentation (including without limitation material certifications), the City Engineer shall inspect said improvements and indicate, in writing, either his approval or disapproval of the same. If such improvements are not approved,the reasons therefore shall,within said sixty(60)calendar day period,be set forth in a written notice to the DEVELOPERS. Upon the DEVELOPERS correction of the punch list items set forth in said notice,the City Engineer,at the DEVELOPER'S request, shall re-inspect the improvements to be corrected and either approve or 12 disapprove said improvements, in writing within sixty (60) working days of receipt of the DEVELOPER'S notice requesting said re-inspection. As public improvements are partially completed and paid for by the DEVELOPERS and accepted by the CITY the Security Instruments deposited by the DEVELOPERS with the CITY, if requested by the DEVELOPERS, may be proportionately reduced or released on an individual improvement-by-improvement basis. Notwithstanding anything herein to the contrary, the CITY shall have no obligation to reduce or release the last ten (10%) of any Security Instrument provided hereunder until all warranty obligations DEVELOPERS secured thereby have lapsed. D. Construction of Mite and Onsite Improvements OWNER and DEVELOPERS shall be allowed to construct the required off site and onsite improvements simultaneously with the issuance of building permits for individual buildings,but it is understood that building permits may not be issued unless OWNER and/or DEVELOPERS have provided adequate road access(i.e. gravel course or paved roads) to the lots for emergency vehicles and has provided sufficient water supplies for fire fighting purposes. All other offsite and onsite improvements(except final lift of bituminous asphalt surface on roads if weather, labor strikes, plant closings or any other condition or circumstance beyond DEVELOPER'S control prevents installation of such improvements), serving any said lot or building shall be installed by DEVELOPERS and approved by the CITY, however, before an occupancy permit is issued for said buildings, the balance of the required onsite subdivision improvements not required to serve said buildings may be constructed in phases after issuance of the aforesaid occupancy permit,as the development on each phase progresses. E. Utilijy 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 13 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 sanitary district, as applicable, have issued permits for the construction of sanitary sewer and water lines for the Phase or Unit on which the improvements are being constructed. The CITY agrees to process IEPA sewer and water permit applications separate and apart from the review of final engineering plans so that the IEPA will be in a position to issue such permits prior to CITY approval of final engineering plans. OWNER and DEVELOPER acknowledge that the CITY signatures on the IEPA permit applications do not constitute final plat or plan approval. OWNER and DEVELOPER shall indemnify the CITY against any claims, actions or losses the CITY may suffer, sustain or incur because other governmental agency takes action against the CITY after OWNER and DEVELOPER undertake development activities pursuant to the provisions of this Subsection 6. 7. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY,including,without limitation those pertaining to subdivision controls,zoning,storm water management and drainage, comprehensive land use plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of five(5)years from the date of this Agreement. Anyamendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNER and DEVELOPERS during said five (5) year period. The CITY shall give the OWNER and DEVELOPERS a six (6) month grace 14 period from the date they are notified of any changes to the ordinances,regulations,and codes of the CITY in order to comply with the new regulations. After said five (5) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the approval of this Agreement. The foregoing to the contrary notwithstanding,in the event the CITY is required to modify,amend or enact any ordinance or regulation and to apply the same to the SUBJECT PROPERTY pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the SUBJECT PROPERTY and be complied with by DEVELOPER, provided, however, that any so called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the SUBJECT PROPERTY shall be given full force and effect. 8. BUILDING CODE. The City has adopted the International Building Code, which is updated approximately every three years. The building codes for the CITY in effect of the date of the building permit application will govern any and all construction activity within the Subject Property. 9. FEES AND CHARGES. During the first five(5)years following the date of this Agreement, the CITY shall impose upon and collect from the OWNER and/or DEVELOPERS, and their respective contractors and suppliers, only those permit, license,tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as are generally applied throughout the CITY, except for water meter fees and any other fees and any other fees as otherwise expressly provided for in Exhibit "E" of this Agreement. At the expiration of this five year tern, the CITY shall give the OWNER and DEVELOPERS a six (6) month grace period from the date they are notified of any changes to the permit, impact, license,tap on and connection fees and charges in order to comply with the new regulations. DEVELOPERof lots 2&3 and CITY agree that the CITY will impose and collect a five percent(5%)admissions tax(hereinafter"Admissions Tax")on the total net collected admission revenues collected by the water park facility commencing with the opening date of said water 15 park facility throughout the duration of this Agreement. DEVELOPER of lots 2 &3 will remit the total Admissions Tax to the CITY within thirty (30) days after the last operating day of a given season. For a period of ten(10)years the DEVELOPER of lots 2&3,and CITY further agree that fifty-five percent(55%)of any funds collected by the CITY as a result of the aforesaid CITY Admissions Tax will be rebated back to the DEVELOPER of lots 2 &3 within thirty(30) days of receipt by the CITY to offset the DEVELOPER of lots 2&3 for the cost of constructing a public east/west road through lots 2&3. DEVELOPER of Lots 2 &3 agrees to provide the residents of the CITY a rate discount ,� Deleted:individual -� of forty(40)percent forseason passes.________________________...______ __- ---_-- _J 10. CONTRIBUTIONS. The City shall not require the OWNER and DEVELOPERS to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. In an effort to enhance ongoing,cooperation between the DEVELOPER of lots 2&3 and the City's Park and Recreation Department the Park and Recreation Department may periodically use the grass overflow parking areas described in Section 4-D of this Agreement, for special programming and or events when said parking areas are not in use. Use of said areas by Parks and Recreation must be scheduled in advance with the DEVELOPER of lots 2 &3 and permission for such use shall be at the sole discretion of the DEVELOPER of lots 2&3. 11. COOPERATION IN PROGRAMMING. The DEVELOPER of lots 2 &3 and the City's Park and Recreation Department agree to meet a minimum of once per year, on or before Decemberl to jointly discuss ways of initiating cooperation in programming for the mutual benefit of the DEVELOPER of lots 2 & 3 the City, and ultimately the residents of Yorkville Cooperative efforts may pursued in the creation marketing and operation of programs themed events swimming lessons and other activities by mutual consent of both parties Furthermore the DEVELOPER of lots 2&3 shall grant the City's Park and Recreation Department opportunities to submit proposals and program ideas to the said DEVELOPER and to partner with the said Develol2er in the provision of said programs when it is agreed by both 16 parties to be a mutually beneficial direction for the said Developer. the City and ultimately the residents of Yorkville. 12. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the SUBJECT PROPERTY, OWNER and DEVELOPERS shall be entitled to construct, maintain and utilize development identification, marketing and location signs on Route 47 and Galena Road, and at such other locations within the corporate limits of the CITY as OWNER and DEVELOPERS may designate subject to sign permit review and issuance by the CITY. Development identification, marketing, and location signs located on the Route 47 and Galena Road shall be allowed to have a maximum surface area of one-hundred and eighty square feet(180),and shall be fifteen(15)feet high,and twelve(12) feet wide. Additionally, each out-lot within the SUBJECT PROPERTY shall be allowed an individual monument style sign on said lot a minimum of eight(8)feet high and fifty(50)square feet per side. Any Offsite Signs will not be located on public right-of-ways. OWNER and DEVELOPERS 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 Mite Sign may be illuminated subject to approval by the CITY. 13. CONSTRUCTION TRAILERS. OWNER and DEVELOPERS may locate temporary construction trailers upon the SUBJECT PROPERTY during the development and build out of the SUBJECT PROPERTY, provided any such trailer shall be removed within one(1)week following issuance of the last final occupancy permit. A permit will be required by the CITY for any trailer which will be connecting to electricity. . 14. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement,contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the SUBJECT PROPERTY as required and approved by OWNER and DEVELOPERS for development purposes. Said trailers may remain upon the SUBJECT PROPERTY until the issuance of the last final occupancy permit for the SUBJECT 17 PROPERTY. A permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way. 15. ROUTE 47 IMPROVEMENTS A. OWNER & DEVELOPERS Participation. The OWNERS and DEVELOPERS agree to financially participate in the improvement of Illinois Route 47 adjacent to the SUBJECT PROPERTY and the cost of signalization at the intersection(s) of Route 47 at the proposed streets entering the SUBJECT PROPERTY pursuant to the terms of this Agreement. The OWNER and DEVELOPERS shall make payments on a fair and equitable basis consistent with those payments made by other land owners contributing to the Route 47 improvement project between Base Line Road and Corneils Road. However,OWNER and DEVELOPERS portion of said Route 47 improvements shall under no circumstances exceed 16.42%of the total cost of the project as depicted in Exhibit"H" B.Dedication of Land.Upon CITY verifying to OWNER and DEVELOPERS that the funding mechanisms contemplated in the subsequent paragraphs are adequately provided for,then within 30 days of a written request from the CITY which includes legal descriptions and exhibits as necessary, OWNER and DEVELOPERS shall by warranty deed grant fee simple title to the necessary right-of-way,as determined by the Route 47 Phase 1 Engineering Study to the Illinois Department of Transportation to provide the necessary land for widening of Route 47. It is expressly understood by the Parties that the CITY shall direct it's engineering consultant to minimize the amount of Route 47 realignment in preparing the Phase 1 Engineering Study. Furthermore before submission of the Phase 1 Engineering Study to the Illinois Department of Transportation the CITY shall meet with OWNER and DEVELOPERS to discuss the Phase 1 Engineering Study. Lastly,it is agreed to by the CITY that OWNER and DEVELOPERS shall not be obligated to dedicate any land or grant any easements for the widening and/or realignment of Route 47 other than as stated in this Agreement. C. Value of Land Dedication and Credit. The Parties agree that the land which is to be dedicated to the Illinois Department of Transportation to provide the necessary right of way for 18 the widening of Route 47 shall be valued at the higher of either a fixed value of two-hundred and seventy-five thousand dollars ($275,000.00)per acre, or based upon a real estate appraisal of said land to be conducted as part of the Phase 1 Engineering Study for the project. The Parties further agree that the value of the land to be dedicated for widening of Route 47 will be added into the total gross cost calculations of improving Route 47, and OWNER and DEVELOPERS will be credited for said land dedication through a reduction in the amount they are required to contribute for Route 47 improvements and/or signalization. Therefore,OWNER and DEVELOPER'S required cash contribution toward improving and/or signalizing Route 47 will be reduced by the dollar value of the parcel of land which they shall dedicate to the Illinois Department of Transportation. Furthermore, OWNER and DEVELOPERS shall not be required to make any cash contribution toward the construction of Route 47 improvements, and/or signalization until the credits for the land dedication described in the preceding paragraph have been applied to OWNER and DEVELOPER'S portion of Route 47 construction and/or signalization. For example, if the cost of the land to widen Route 47 is valued at two million dollars ($2,000,000.00),and the cost of improving and/or signalizing Route 47 is twenty million dollars ($20,000,000.00),the total cost of the project would then be calculated to be twenty-two million dollars ($22,000,000.00). Assuming that the OWNER and DEVELOPERS' share of the improvement cost of Route 47 was assessed at sixteen (16) percent, then their required contribution would be three million eight hundred and forty thousand dollars($3,840,000). The OWNER and DEVELOPERS would be credited for the two million dollar ($2,000,000) land dedication and would then be required to contribute one million eight hundred and forty thousand dollars($1,840,000)toward Route 47 improvements and/or signalization. D. Tax Rebate Agreement. To offset the land cost associated with the OWNER and DEVELOPER'S land dedication required by the CITY for Route 47 widening, as well as any improvements and/or signalization along Route 47 mandated by the Illinois Department of Transportation, the CITY agrees to enter into a sales tax rebate agreement with OWNER and DEVELOPERS. Consistent with the terms of this Agreement the CITY shall place in a separate account for the benefit of OWNER and DEVELOPERS fifty percent(50%)of the CITY'S one percent(1%)portion of the State Retailer's Occupation Tax received by the CITY as a result of 19 the development of the SUBJECT PROPERTY. The period of computation of the sales tax rebate agreement will begin separately for DEVELOPER of Lots 2 & 3; DEVELOPER of Lot 4; and OWNER when OWNER undertakes development of Lot 1. The period of computation shall begin for DEVELOPER of Lots 2 & 3; DEVELOPER of Lot 4, and OWNER upon occupancy of the first unit of commercial retail development within each respective Lot on the SUBJECT PROPERTY, and will continue for a period of twenty (20) years or until the OWNER and DEVELOPERS have been rebated one hundred percent(100%)of their Route 47 land dedication,as well as one-hundred percent(100%)of any required Route 47 improvements and/or signalization including but not limited to design,engineering,as well as six percent(6%) interest whichever occurs first. It is further agreed by the Parties that the benefits contemplated under the sales tax rebate agreement are assignable at the sole option of the OWNERS and/or DEVELOPERS as to their portion of the sales tax rebate. Upon written assignments by the OWNER and/or DEVELOPER'S such assignees shall have all rights currently vested in OWNER and/or DEVELOPERS under the sales tax rebate agreement and applicable law,and shall be entitled to enforce such rights through any equitable or legal action. If any portion of lots 1,2,3,or 4 are sold by OWNER or DEVELOPERS,OWNER and DEVELOPERS shall be entitled to continue to receive payments for their expense in dedicating land, improving, and/or signalizing Route 47 pursuant to the sales tax rebate agreement unless specifically assigned by OWNER and/or DEVELOPERS. OWNER and/or DEVELOPERS may assign a portion or all of their rights under the terms of the sales tax rebate agreement to any future developer, owners,institutions, or individuals at the OWNER'S and/or DEVELOPER'S sole discretion. Lastly, if DEVELOPER of Lots 2 & 3, and/or DEVELOPER of Lot 4 fail to purchase said lots from OWNER then OWNER reserves the right to retain the sales tax rebate for itself upon development of the SUBJECT PROPERTY, or assign the sales tax rebate to an alternative purchaser of Lots 2,3,&4 at it's sole option. E CITY and State Cooperation to Improve Route 47. It is contemplated between the Parties that the CITY will make every reasonable effort to create a Business District which would allow for the generation of additional sales tax revenue on the SUBJECT PROPERTY,at a rate of no more than an additional one percent (1%) tax. If the CITY is successful in obtaining the 20 additional tax revenues through the State of Illinois, then one hundred percent (100%) of all revenues received as a result of the aforesaid additional tax would be rebated back to the OWNER and DEVELOPERS by CITY as reimbursement for OWNER and DEVELOPER'S costs incurred in dedicating land,improving and/or signalizing Route 47. Furthermore, the CITY agrees to make every reasonable effort to petition the State of Illinois to relinquish a percentage of the State's portion of the State Retailer's Occupation Tax, and pay any such funds relinquished directly to the CITY. If the State of Illinois enters into such an agreement with the CITY to release any portion of the State's share of the State Retailers Occupation Tax then one-hundred percent(100%) of such funds shall be paid by the CITY to the OWNER and DEVLOPERS to help offset the OWNER and DEVELOPERS extraordinary expenses incurred in dedicating land,improving and/or signalizing Route 47. As an incentive for the CITY to pursue the creation of a Business District and/or petition the State of Illinois to relinquish a portion of the State's State Retailer's Occupation Tax on behalf of OWNER and DEVELOPERS as specified in the preceding paragraphs,and the CITY does so secure either of the two aforementioned mechanisms in an amount not less that one percent(1%)for a period of twenty(20)years,or until the OWNER and DEVELOPERS have been rebated one hundred percent (100%) of all expenditures incurred in dedicating land, improving and/or signalizing Route 47 including but not limited to design,engineering,and six percent(6%)interest, then OWNER and DEVELOPER'S agree to reduce the term of the sales tax rebate between the Parties from twenty(20)years to ten(10)years. The reduced term of the sales tax rebate agreement contemplated herein shall commence with the enactment of said Business District and/or relinquishment of a portion of the States share of the State Retailer's Occupation Tax in an amount not less than one percent(1%). If the State of Illinois agrees to refund a portion of it's State Retailer's Occupation Tax and/or a Business District Tax is enacted which either separately or cumulatively result in a two percent(2%)or greater sales tax rebate to the OWNER and DEVELOER,for a period of twenty (20) years, or until the OWNER and DEVELOPERS have been rebated one hundred percent (100%) of all expenditures incurred in dedicating land, improving and/or signalizing Route 47 including but not limited to design, engineering, and six percent(6%) interest then the Parties agree that the sales tax rebate agreement mandated in paragraph 14(D) shall become null and 21 void, and the CITY shall be entitled to keep one-hundred percent (100%) of it's share of the State Retailer's Occupation Tax. It is also understood by and between the Parties that subsequent to the execution of this Agreement the CITY may explore and implement an alternative method of financing the required Route 47 improvements, which alternative may not have been contemplated in this Agreement, such as the establishment of a TIFF district, Special Service Area, or Bond Financing. If subsequent to the execution of this Agreement the CITY establishes such an alternative form of funding to improve Route 47 then the OWNER and DEVELOPERS shall have the right to participate in any such alternative form of financing if they should so choose at their sole option. 16. OVERSIZING OF IMPROVEMENTS. A. Recapture Agreeme nt. In the event the CITY requests OWNER and/or DEVELOPERS to construct a CITY improvement beyond that needed for the proposed development or other public improvement, including oversizing and or deepening of such improvements,which will serve property other than the SUBJECT PROPERTY,and benefit the CITY as a whole, then the CITY agrees to grant a recapture agreement for the benefit of the OWNER and/or DEVELOPERS for such expenses including engineering, construction, and other costs including a six percent(6%) interest fee,which may reasonably be expected to be incurred by the OWNER and/or DEVELOPER. 17. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes(2002)ed., shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public purposes,except as otherwise provided in this Agreement. 18. DISCONNECTION. OWNER and DEVELOPERS shall develop the SUBJECT PROPEERTY in accordance with the terms of this agreement, and shall not, as either the 22 OWNER or DEVELOPERS of said property, petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 19. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 20. TRANSFER. OWNERS and/or DEVELOPERS 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 ONWERS and/or DEVELOPERS shall have no further obligations hereunder as to the portion of the SUBJECT PROPERTY so conveyed,but shall continue to be bound by this Agreement and shall retain the obligations created thereby with respect to any portion of the SUBJECT PROPERTY retained and not conveyed. If OWNERS and/or DEVELOPERS or its successors sell a portion of the SUBJECT PROPERTY, the seller shall be deemed to have assigned to the purchaser any and all rights and obligations it may have under this Agreement(excluding rights of recapture,reimbursement proceeds,admission tax rebate proceeds,sales tax rebate proceeds, and business district tax proceeds)which affect the portion of the SUBJECT PROPERTY sold or conveyed and thereafter the seller shall have no further obligations under this Agreement as it relates to the portion of the SUBJECT PROPERTY so conveyed,but any such seller shall retain any rights and obligations it may have under this Agreement with respect to any part of the SUBJECT PROPERTY retained and not conveyed by such seller. Notwithstanding any such assignment of this Agreement or any such sale or conveyance,unless the successor to or assignee of the DEVELOPERS of all or a portion of the SUBJECT PROPERTY shall have deposited and substituted its letter of credit as security for the construction,repair and maintenance of roadway or other public improvements with the CITY,the OWNER,DEVELOPERS or other seller though otherwise released from all obligations hereunder,shall keep its letter of credit on deposit with the CITY until such time as the OWNER,DEVELOPERS or the successor to or assignee of the OWNER,DEVELOPERS have provided a substitute letter of credit. 23 21. LIABILITY OF OWNER It is expressly understood and agreed by and among the Parties hereto that all responsibility of OWNER under this Agreement shall be extinguished simultaneously with the transfer of title to any portion of the SUBJECT PROPERTY,as to that particular portion of the SUBJECT PROPERTY from the OWNER to any Purchasers,including but not limited to the DEVELOPERS herein. Thereafter,the purchasers or DEVELOPERS assume all of the responsibilities and obligations of the OWNER under this Agreement. It being understood and agreed,however,that OWNER shall also have no obligation to perform the obligations of the DEVELOPERS,unless said OWNER agrees in writing to assume said obligations. 22. GRADING The CITY will permit the OWNER and DEVELOPERS to grade within the SUBJECT PROEPERTY before final plat approval for any particular phase of the development of the SUBJECT PROPERTY is granted,under the following conditions. A. Prior to commencement of work for any phase,the CITY engineer shall review and approve the OWNER and/or DEVELOPERS preliminary grading plans for such phase,including interim storm water management,erosion and sedimentation control measures. B. the OWNER and/or DEVELOPERS shall assume all risk for such work performed on the basis of the preliminary grading plan and shall agree to modify graded,if so required to satisfy the final approved grading plan and conditions of the final plat and final engineering approvals. C. The OWNER and/or DEVELOPERS shall provide the CITY an acceptable form of surety to provide funds for the restoration of the site or correction of any noncompliant conditions that may exist in connection with OWNER and/or DEVELOPERS grading and earthmoving and clearing activities. D.The OWNER and DEVELOPER shall comply with all aspects of the CITY'S erosion and sediment control ordinance. 23. GENERAL PROVISIONS A. Enforcement This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate 24 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 OWNER, DEVELOPERS and their successors in title and interest,and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNER and DEVELOPERS,and the CITY. C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement,regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement,including the payment of any fees,have been reached through a process of good faith negotiation,both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail,return receipt requested,postage prepaid,addressed as follows: (1) If to OWNERS Betty O'Keefe Family Limited Partnership c/o Kim O'Keefe 5576 Hwy 50 Suite 8 Delavan,WI 53115 25 with copies to: Scott Christian Thorpe,Compton&Christian,S.C. 1624 Hobbs Drive,Suite 1 Delavan,WI 53115 (II) If to The Lundmark Group LLC Randy Witt DEVELOPER: 5349 W.Cinema Drive Of lots 2&3 Hanover Park,IL.60133 with copies to: John Philipchuck Dommermuth,Brestal,Cobine&West Ltd 123 Water St. Naperville,IL 60566 Fax:(630)355-5976 James N.Urhausen The Urhausen Group 1650 E.Main Street St.Charles,IL.60174 with copies to: Kate McCracken Attorney at Law 1001 E.Main Street Suite G St.Charles,IL.60174 (III)If to DEVELOPER Angelo Kleronomos Of lot 4 Property Concepts 2679 Route 34 Oswego,IL.60543 with copies to: Dean Kleronomos Lorenzini&Associates 2683 Route 34 Oswego,IL.60543 (IV) If to CITY: United City of Yorkville Attn:City Clerk 800 Game Farm Road Yorkville,I160560 Fax:(630)553-7575 26 with a copy to: John Wyeth Esq. 800 Game Farm Rd. Yorkville,11 60560 Fax:(630)553-7575 or to such other persons and/or addresses as any 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 OWNER and DEVELOPERS shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT PROPERTY. F. Agreement This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties,pursuant to applicable provisions of the City Code and Illinois Compiled Statutes This Agreement may be amended by the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions applying exclusively thereto,without the consent of the owner of other portions of the SUBJECT PROPERTY not effected by such Agreement. G. Conveyances Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER and DEVELOPERS to sell or convey all or any portion of the SUBJECT PROPERTY,whether improved or unimproved. 27 H. Necessary Ordinances and Resolutions The CITY shall pass all ordinances and resolutions necessary to permit the OWNER and DEVELOPERS, and their successors or assigns,to develop the SUBJECT PROPERTY in accordance with the provisions of this Agreement,provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty(20)years. In the event construction is commenced within said twenty-year period all of the terns of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPERS/OWNER. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording This Agreement shall be recorded in the Office of the Recorder of Deeds,Kendall County,Illinois,at OWNER and DEVELOPER'S expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original,but all of which together shall constitute one and the same document. N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any approved phase due to any CITY 28 imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the Subject Property. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, Yorkville-Bristol Sanitary District, or any other governmental agency that preempts the authority of the United City of Yorkville. O. Time is of the Essence Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. P. Exculpation It is agreed that the CITY is not liable or responsible for any restrictions on the CITY'S obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, the CITY, the DEVELOPERS and OWNER, including,but not limited to,county,state or federal regulatory bodies. 29 IN WITNESS WHEREOF,the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. CITY: DEVELOPER OF LOTS 2&3: UNITED CITY OF YORKVILLE, The Lundmark Group LLC., an Illinois municipal corporation an Illinois limited liability company By: By: Title:Mayor Manager Attest: Title: City Clerk DEVELOPER OF LOT 4: Property Concepts Inc., an Illinois Corporation By: President Attest: 30 OWNER: BETTY O'KEEFE FAMILY LIMITED PARTNERSHIP An Illinois Limited Partnership By:Betty O'Keefe Properties,L.L.C.,General Partner By: Kim W.O'Keefe,Manager 31 LIST OF EXHIBITS EXHIBIT"A" Legal Description EXHIBIT"B" Plat of Zoning EXHIBIT"C" Preliminary Plat EXHIBIT"D" Lot 2&3 Legal Description EXHIBIT"E" Fee Schedule EXHIBIT"F" Restricted B-3 Service Business District Uses EXHIBIT°°G" Regional Storm Water Conveyance Route EXHIBIT"H" Route 47 Improvement Estimates 32 Exhibit"F" The following listed uses shall be prohibited uses in the B-3 Service Business District zoned portion of the SUBJECT PROPERTY. B-1 Limited Business District 1. Substation B-2 General Business District 1. Dance Hall 2. Pawn Shop 3. Reducing Salon,Masseur,and Steam Bath B-3 Service Business District 1. Agricultural Implement Sales and Service 2. Building Material Sales 3. Business Machine Repair 4. Feed and Grain Sales 5. Kennel 6. Taxicab Garage 33 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO.2006- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF A DEVELOPMENT AGREEMENT (Kendall Marketplace) WHEREAS, Cooper Home Furnishings are the legal owners of record of property described on Exhibit"A" attached hereto and incorporated herein(the Property), and WHEREAS, Cannonball, LLC, developer of the Property has made application by petition for the rezoning of the Property pursuant to Development of the Property, and WHEREAS, owners and developers have previously entered into an agreement for development and zoning of the property, and WHEREAS, the Yorkville Plan Commission has recommended a rezoning of the property from current A-1 Agricultural District to Planned Unit Development District consisting of B-3 Service Business District, R-1 One Family Residence District and R-3 General Residence District as shown on the Concept Plan a copy of which is attached hereto, and incorporated herein as Exhibit`B". NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS UPON MOTION DULY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT: 1. The City Council approves the recommendation of the Plan Commission and hereby rezones the property legally described on Exhibit"A"from current A-1 Agricultural District to Planned Unit Development District consisting of B-3 Service Business District, R-1 One Family Residence District and R-3 General Residence District as shown on the Concept Plan a copy of which is attached hereto, and incorporated herein as Exhibit`B". 2. The Property shall be developed according to the terms of the Development 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 TELEPHONE LINE r- GAS LINE c- TREELINE TREE �y + ,k FENCER h, TRAFFIC SIGNAL VAULT THAT PART OF THE SOUTH EAST 114 OF SEC770M 19, PART OF THE SOUTH 112 OF SEC77ON 20 AND PART OF THE NORTH WEST 114 OF SEC77ON 29, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS.• COMMENCING AT THE SOUTH EAST CORNER OF SAID SOUTH EAST 114 SEC77ON 19; THENCE NORTH ALONG THE EAST LINE OF SAID SOUTH EAST 114 310.20 FEET; THENCE WESTERLY PERPENDICULAR TO SAID EAST LINE 198.0 FEET FOR THE POINT OF BEGINNING,• THENCE EASTERLY ALONG 77-IE LAST DESCRIBED COURSE 198.0 FEET, THENCE SOUTH ALONG SAID EAST LINE 310.20 FEET TO SAID SOUTH EAST CORNER,• THENCE SOUTH ALONG THE WEST LINE OF SAID NORTH WEST 114 OF SEC77ON 29, 429.15 FEET TO THE CENTER LINE OF U.S. ROUTE NO. 34; THENCE EASTERLY ALONG SAID CENTER LINE, WHICH FORMS AN ANGLE OF 95 DEGREES, 41 MINUTE'S, 25 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 2059.30 FEET TO THE CENTER UNE EXTENDED SOUTHERLY OF CUT-OFF ROAD,• THENCE NORTHERLY ALONG SAID CUT-OFF ROAD CENTER LINE EXTENDED AND SAID CENTER LINE WHICH FORMS AN ANGLE OF 106 DEGREES, 47 MINUTES 23 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 1816.44 FEET TO THE NORTH WEST CORNER OF OAK KNOLLS SUBDIVISION; THENCE NORTHERLY ALONG SAID CUT-OFF ROAD CENTER LINE WHICH FORMS AN ANGLE OF 180 DEGREES, 26 MINUTE'S, 14 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 746.59 FEET' THENCE NORTHWESTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 86 DEGREES, 39 MINUTES, DO SECONDS WITH THE CENTER LINE OF CUT-OFF ROAD GOING NORTHERLY FROM THE LAST DESCRIBED POINT. MEASURED COUNTER CLOCKWISE THEREFROM, 441.97 FEET,- THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 33 DEGREES, 20 MINUTES, 00 SECONDS WITH THE PROLOIVGA77ON OF THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 65.90 FEET. THENCE NORTHERLY ALONG A LINE WHICH FORMS AN ANGLE OF 38 DEGREES, 44 MINUTES, DO SECONDS WITH THE PROLONGA77ON OF THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 138.82 FEET; THENCE WESTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 271 DEGREES, 25 MINUTE'S, 4 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED COUNTER CLOCKWISE 7HEREFROM, 2658.89 FEET TO A POINT ON THE EAST LINE OF SAID SOUTH EAST 114 OF SEC770N 12 WHICH IS 14718 FEET SOUTH OF THE NORTH EAST CORNER OF SAID SOUTH EAST 114 ; THENCE WESTERLY ALONG THE PROLONGA77ON OF THE LAST DESCRIBED COURSE 580.80 FEET; THENCE WESTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 176 DEGREES, 11 MINUTES, 47 SECONDS WTH THE LAST DESCRIBED COURSE MEASURED COUNTER CLOCKWISE THEREFROM, 258.97 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST 114 WHICH IS 1826.22 FEET EASTERLY OF THE CENTER OF SAID SEC77ON 19,• THENCE SOUTHEASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 62 DEGREES, 59 MINUTES, 10 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 2411.25 FEET TO THE POINT OF BEGINNING, (EXCEPT THAT PART OF THE NORTHWEST 114 OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSEC77ON OF THE CENTERUNE OF U.S. ROUTE NO. 34 AND THE CENTERLINE OF CANNONBALL ]RAIL; THENCE NORTH 21 DEGREES, 49 MINUTES 35 SECONDS EAST ALONG THE CENTERLINE OF CANNONBALL TRAIL, 555.0 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 68 DEGREES, 10 MINUTES, 25 SECONDS WEST, 48.0 FEET, THENCE SOUTH 21 DEGREES, 49 MINUTES 35 SECONDS WEST, PARALLEL TO SAID CENTERLINE OF CANNONBALL TRAIL, 470.0 FEET, THENCE SOUTH 57 DEGREES, 49 MINUTES, 35 SECONDS WEST, 74.81 FEET TO THE NORTHERLY RIGHT OF WAY OF SAID U.S. ROUTE NO. 34, THENCE EASTERLY ALONG SAID NORTHERLY LINE 96.06 FEET TO THE CENTERLINE OF CANNONBALL TRAIL; THENCE NORTH 21 DEGREES, 49 MINUTE'S 35 SECONDS EAST, ALONG SAID CENTERLINE, 502.78 FEET TO THE POINT OF BEGINNING, AND EXCEPT THAT PART OF THE SOUTH HALF OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SEC77ON 19, TOWNSHIP AND RANGE AFORESAID; THENCE SOUTH ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SEC7701V 29, TOWNSHIP AND RANGE AFORESAID, 429.15 FEET TO THE CENTERLINE OF U.S ROUTE Na 34; THENCE EASTERLY ALONG SAID CEN7ERLINE, WHICH FORMS AN ANGLE OF 95 DEGREES 41 MINUTES 25 SECONDS WTH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 2059.30 FEET TO THE CENTERLINE EX7EWDED SOUTHERLY OF CANNONBALL TRAIL; THENCE NORTHERLY ALONG THE CENTERLINE OF SAID CANNONBALL TRAIL WHICH FORMS AN ANGLE OF 106 DEGREES 47 MINUTES 23 SECONDS WITH 77-IE LAST DESCRIBED COURSE, MEASURED CLOCKWSE THEREFROM, 1816.44 FEET TO THE NORTHWEST CORNER OF OAK KNOLLS SUBDIVISION,• THENCE COIV77NUING NORTHERLY ALONG SAID CENTERLINE, WHICH FORMS AN ANGLE OF 180 DEGREES 26 MINUTES 14 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 746.59 FEET FOR THE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 94 DEGREES 29 MINUTES 17 SECONDS NTH SAID CENTERLINE, MEASURED CLOCKWISE 7HEREFROM, 140.00 FEET, THENCE SOUTHERLY ALONG A LINE WHICH FORMS AN ANGLE OF 85 DEGREES 30 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM AND PARALLEL WITH SAID CENTERLINE 100.00 FEET, ]HENCE EASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 94 DEGREES 29 MINUTES 17 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE 7HEREFROM, 140.00 FEET TO SAID CENTERLINE' THENCE NORTHERLY ALONG SAID CENTERLINE, KNICH FORMS AN ANGLE OF 85 DEGREES 30 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE 100.00 FEET TO THE POINT OF BEGINNING), IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS To Mid America, and Chicago Title Insurance Company. This is to certify that this mop or plat and the survey on which it is based were made in accordance with the 'Minimum Standard Deto# Requirements for ALTA/ACSM Land Title Surveys,"jointly established and adopted by ALTA and NSPS in 2005, and includes Items 1, 2, 3, 4, 70, 8, 10, and Ila of Table A thereof. Pursuant to the Accuracy Standards as adopted by ALTA and NSPS and in effect on the dote of this certification, undersigned further certifies that in my professional opinion, as a land surveyor registered In the State of Illinois, the Relative Positional Accuracy of this survey does not exceed that which is specified therein. ��`IllupJll`p�,.��+ Dated at Yorkville, Ulinol a� p�'�,•�OD X •c; CRAIG L DUY'- 35.00=9 Craig L. Duy, IP ?-$J-*WAS jar License Expiroti 11} {�Qfaas Reviewed By: J2 � Legal El City Council EM , l im Finance ❑ Engineer ❑ City Administrator ❑ Agenda Item Tracking Number Consultant ❑ C', c )�? 0 ALE Human Resources F1 City Council Agenda Item Summary Memo Title: South Area Joint Engineering Funding Agreement City Council/COW/Committee Agenda Date: September 19, 2006 Synopsis: Agreement by developers in the `south infrastructure' area to front fund the engineering costs for water and sanitary sewer improvements necessary. 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: STATE OF ILLINOIS ) DRAFT 9.6.06 COUNTY OF KENDALL ) SOUTH AREA JOINT ENGINEERING FUNDING AGREEMENT NOW COMES the United City of Yorkville,hereinafter referred to "CITY" and (insert names of owners and developers) "OWNERS/DEVELOPERS",who in consideration of entering into this SOUTH AREA JOINT ENGINEERING FUNDING AGREEMENT and the mutual benefits provided to each of them,the sufficiency of which is hereby acknowledged, agree to the following terms and conditions: WITNESSETH WHEREAS, OWNERS/DEVELOPERS seek to annex certain land to the City and develop certain land depicted on the map attached hereto and incorporated as Exhibit "A"(hereafter"THE DEVELOPMENTS"), and WHEREAS, OWNERS/DEVELOPERS desire to expedite the preparation of engineering design for the water works system and sanitary sewer system improvements that will extend to serve the developments(hereinafter"ENGINEERING DESIGN") , and WHEREAS,the City has approved a contract for ENGINEERING DESIGN, and WHEREAS, OWNERS/DEVELOPERS agree to provide funding for said ENGINEERING DESIGN in the amounts and under the conditions set forth herein, and WHEREAS, the City has agreed to permit OWNERS/DEVELOPERS to expedite the preparation of said ENGINEERING DESIGN prior to any approvals being made or guaranteed, conditioned, however, upon OWNERS/DEVELOPERS agreeing to hold the City, its agents and assigns, harmless from claimed or actual any loss, liability or damages in connection with OWNERS/DEVELOPERS' activities in obtaining the engineering design,and WHEREAS, OWNERS/DEVELOPERS, the City and Engineers agree that all physical data, design layouts and plans, blueprints, surveys, reports and any other work product created by Engineers for said water works system and sanitary sewer system improvements shall be the property of the City, and WHEREAS, it is the City's intention to work with the Owners/Developers to issue bonds for the funding of the construction of the water works system and sanitary sewer system and CITY and OWNERS/DEVELOPERS anticipate that the ENGINEERING DESIGN will be useful in the obtaining final funding for the water and sanitary sewer improvements, and WHEREAS, if said funding via issuance of bonds occurs, City anticipates providing for reimbursement to Owners/Developers of the amounts paid for the ENGINEERING DESIGN as defined and described in this Agreement. NOW, THEREFORE, in consideration of the foregoing preambles the parties hereto agree as follows: I. Attached hereto and incorporated herein as Exhibit"A"is a map depicting the OWNERS/DEVELOPERS' property, which it seeks to develop (THE DEVELOPEMENTS). 2. OWNERS/DEVELOPERS shall pay all costs incurred with Engineers in connection with the ENGINEERING DESIGN of said water works system and sanitary sewer system improvements. OWNERS/DEVELOPERS shall pay the specified initial deposit to the City, and continue to pay in advance to the City the amount specified by Engineers for further development of said water works system and sanitary sewer system improvements, and pay in accordance with the Water and Sanitary Sewer Improvement Expenditure Schedule attached hereto and incorporated herein as Exhibit`B" 3. OWNERS/DEVELOPERS and the City agree that the initial phase of the water works system and sanitary sewer system improvements shall include, but not be limited to: a. G.1 —5.0 MG Stand Pipe Water Storage Tank b. G.2—Well No. 10(Shallow Well) C. G.3 -Well No. 11 (Shallow Well) d. GA—Well No. 12 (Deep Sandstone) e. G.5 - Wells No.10, 11 and 12 Water Treatment Plant f. G.6—Route 47 Water Main g. Contract No. IA Sanitary h. Contract No. 2 Sanitary i Contract No. 3 Sanitary j Contract No.4 Sanitary 1. Additional system improvements and phases as may be required by the City to accommodate the OWNERS/DEVELOPERS' proposed plans. 2 4. OWNERS/DEVELOPERS and the City agree and guarantee that any reports, test results, concept plans, design plans and specifications, drawings and any other work product of Engineer for said ENGINEERING DESIGN of the water works and sanitary sewer system improvements shall be the property of the City and shall be turned over to the City upon the City's request, provided, however that OWNERS/DEVELOPERS is furnished copies of said reports, test results, concept plans, design plans and specifications, drawings and any other work product of Engineer for said water works and sanitary sewer system improvements. 5. No representation or agreement has been concluded by the City guaranteeing the annexation, zoning or planned development district approval of the real property(THE DEVELOPMENTS)of OWNERS/DEVELOPERS. 6. In the event that the OWNER/DEVELOPER withdraws from the annexation process or the annexation or other approvals to allow development of the property are denied by the City, the parties agree that no refund or reimbursement shall be made by the City to OWNER/DEVELOPER for any work or payments made on said projects. 7. If the City issues bonds, or obtains funding for the water works and sanitary sewer system improvements, then the City intends to obtain funding in an amount sufficient to reimburse OWNERS/DEVELOPERS for the amounts paid pursuant to this Agreement. If the City does not issue bonds or obtain funding for the said improvements then the front funded amount for the ENGINEERING DESIGN contributed by the OWNERS/DEVELOPERS will be applied as credit towards the City Water and City Sewer connection fees for the DEVELOPMENTS. 8. OWNERS/DEVELOPERS acknowledge that it is proceeding at its own risk in proceeding prior to any approvals being granted to the property. 9. All exhibits attached hereto are incorporated herein by reference. 10. The final annexation agreement between OWNERS/DEVELOPERS and City shall, if entered into between the parties, supersede this Agreement in its entirety. 11. Due to the number of parties signing this agreement, counterparts may be individually signed and assembled by the City,which shall be deemed one Agreement. 3 IN WITNESS WHEREOF, the parties have executed this Agreement this day of , 2006. THE UNITED CITY OF YORKVILLE, a municipal corporation By: Arthur Prochaska,Jr., Mayor ATTEST: City Clerk OWNER(S)/DEVELOPER(S): By: Dated: 4 U 4_c O ° Z ' .....___.. ......__.. _�_I tM - Y ' ai' a AiieaYiii �% i ,11:1 ELikiIiiiiitii q .L � v� �-to � �� - ->4dgsW an„, ie � , -g�Bar�mSt5 Tr ii Y" °.6 poi°g� .....:• , _' ;' ---- txafa t-4d a9®ua tiwa� Y, t,.. �I u r fir# # r . 1 — i 4 r,..t..wif..1 ,....„:„..„ ,,,„„ -i .-"_,Iiy,,,.., ,-,. „...A,...4,,,,,- .„,...,,,,, a __ , i ,,,,,.::,,T ':IP:4'T_.1;?0',411--0-''"''f V e _ �-m I i 4' 6 4,4 r.,.. ,.. .,,,:, 4,-..'-'' _ ,' er , 11 1 -.` $} is ,',.'1:',-'•r �6 ` y # A , �W ` 4 € I1 I ,p' � k A ,, 1 3. y0 _i tu 't 1.�SA $ F` 0i .V _1_ 1 - /J I t- , , 5 -' yr ` " „ �t4,<<t , s w ax . zA y { .-. __ y.. -moi EXHIBIT B 9/7/06 REGIONAL INFRASTRUCTURE IMPROVEMENT DESIGN EXPENDITURE SCHEDULE Southern Planning Area United City Of Yorkville,Kendall Co., IL Water Works Sanitary Conv. Impr.Front lmpr.Front Cumulative Payment At: Funding Funding Subtotal Total Agreement Execution $299,139 $193,000 $492,139 $492,139 90 Days After Execution $537,350 $380,000 $917,350 $1,409,489 180 Days After Execution $213,848 $144,400 $358,248 $1,767,737 270 Days After Execution $77,300 $38,000 $115,300 $1,883,037 360 Days After Execution $12,500 $7,600 $20,100 $1,903,137 Total $1,140,137 $763,000 $1,903,137 Front Funding Payment: Percent Of Total: ©Agreem. After After After After Subdivision Water Sanitary Execution 90 Days 180 Days 270 Days 360 Days Total Heartland Crossing 24.2% 26.8% $123,968.65 $231,603.46 $90,343.07 $28,856.65 $5,055.82 $479,827.64 MPI South 55.7% 53.5% $269,791.12 $502,439.02 $196,304.22 $63,369.24 $11,025.17 $1,042,928.77 Yorkshire Estates 8.9% 8.9% $43,924.95 $81,865.69 $31,972.66 $10,294.71 $1,794.14 $169,852.14 Dhuse Prop. (R.A. Faganel) 5.1% 5.3% $25,448.04 $47,463.46 $18,530.08 $5,952.03 $1,038.96 $98,432.56 Windette Ridge South 6.1% 5.6% $29,006.19 $53,978.80 $21,097.60 $6,827.37 $1,185.92 $112,095.88 Total: 100.0% 100.0% $492,138.95 $917,350.43 $358,247.62 $115,300.00 $20,100.00 $1,903,137.00 G:\Public\Yorkville\2006\Y00611 Contract G.1-5.0 MG Stand Pipe\ContractIcashtlow090706xlsjQuarterly Summary ENGINEERING ENTERPRISES,INC. SUGAR GROVE,IL PW United City of Yorkville County Seat of Kendal!County J= Q O•n 800 Game Farm Road Yorkville, Illinois, 60560 EST. 1836 Telephone: 630-553-4350 -�� Fax: 630-553-7575 {O ', Website: www.yorkville.il.us <<E WATER DEPARTMENT REPORT JUNE 2006 MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FE FE FE MILLION GALLONS 3 1335 463 203 15,467 4 1393 542 186 26,496 TOTAL 41,963 CURRENT MONTH'S PUMPAGE IS 8,135,000 GALLONS MO LESS THAN LAST MONTH 4,036,000 GALLONS Mown THAN LAST YEAR DAILY AVERAGE PUMPED: 1,399,000 GALLONS DAILY MAXIMUM PUMPED: 2,103,000 GALLONS DAILY AVERAGE PER CAPITA USE: 127.2 GALLONS WATER TREATMENT CHLORINE FED: 647 LBS. CALCULATED CONCENTRATION: 1.9 MG/L FLUORIDE FED: 676.5 LBS. CALCULATED CONCENTRATION: 0.35 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 9 SAMPLES TAKEN 9 SATISFACTORY UNSATISFACTORY(EXPLAIN) FLUURIDE: 2 SAMPLE(S)TAKEN CONCENTRATION: 1.1 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 8 NUMBER OF LEAKS OR BREAKS REPAIRED: NEW CUSTOMERS RESIDENTIAL: 70 COMMERCIAL: 4 INDUSTRIAL/GOVERNMENTAL: COMMENTS Pwa United City of Yorkville County Seat of Kendall County J� 0� 800 Game Farm Road Yorkville, Illinois, 60560 EST. ;1836 Telephone: 630-553-4350 -�` Fax: 630-553-7575 0 1� Website: www.yorkville.il.us WATER DEPARTMENT REPORT E JULY 2006 MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FE FE FE MILLION GALLONS 3 1335 463 203 16095 4 1393 542 186 23526 TOTAL 39,621 CURRENT MONTH'S PUMPAGE IS 2,342,000 GALLONS MORE/LESS THAN LAST MONTH 4,550,000 GALLONS MORE/LESS THAN LAST YEAR DAILY AVERAGE PUMPED: 1,278,000 GALLONS DAILY MAXIMUM PUMPED: 1,832,000 GALLONS DAILY AVERAGE PER CAPITA USE: 127.8 GALLONS WATER TREATMENT CHLORINE FED: 599 LBS. CALCULATED CONCENTRATION: 1.8 MG/L FLUORIDE FED: 495 LBS. CALCULATED CONCENTRATION: 0.27 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 9 SAMPLES TAKEN 9 SATISFACTORY UNSATISFACTORY(EXPLAIN) FLOURIDE: 2 SAMPLE(S)TAKEN CONCENTRATION: 1.0 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 4 NUMBER OF LEAKS OR BREAKS REPAIRED: 1 NEW CUSTOMERS RESIDENTIAL: 71 COMMERCIAL: INDUSTRIAL/GOVERNMENTAL: 1 COMMENTS 'KTAV'gWT T ST COPPER WORE A HOLE DUE TO BAD FLARE. REPAIRED COPPER & FITTINGS ,T KINGSMILL ST. DUE TO THIS REPAIR WE HAD TO REPLACE 5 SQUARES OF SIDEWALK & A NEW BLACKTOP DRIVEWAY. 50,000 GAIL S OF WATER LOST DUE TO LEAK. PW *3 Co.y Reviewed By: J= 0 Legal r-1 City Council Finance ❑ sass Engineer [�� I�z1o6 City Administrator ❑ Agenda Item Tracking Number PW aooce N A Consultant ❑ El <LE City Council Agenda Item Summary Memo Title: Walnut Plaza—Routine IDOT Highway Permit City Council/Committee of the Whole Date: 9/19/06 Committee of the Whole Synopsis: This highway permit is for a right-in/right-out entrance to Route 47 just north of Walnut Street. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Authorize Mayor& City Clerk to sign permit application. Pass the resolution guaranteeing satisfactory completion of the work. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: clp o United City of Yorkville Memo 800 Game Farm Road ESE 1 _ 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 09 Fax: 630-553-3436 O SCE Date: September 12, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City Clerk Subject: Walnut Plaza—Routine IDOT Highway Permit Attached find one copy each of a proposed IDOT highway permit and the corresponding resolution for construction of right-in/right-out entrance to Route 47 just north of Walnut Street. IDOT has reviewed the approved the plans for the work within their right-of-way and will issue the permit upon receipt of the executed application form, a resolution from the city guaranteeing satisfactory performance of the work, and a copy of a bond from the developer guaranteeing satisfactory performance of the work. 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 September 19, 2006 for consideration. Minos Department 0 T n Highway Permit District Serial No. L-9510 Whereas, I(We) City of Yorkville/Walnut Plaza 321 Stevens Street c%Westem SuoMdn_o&Eneineadm,Inc,PC Suite A (Name or Appllm* (Mailing Address) Geneva —11,60134 hereinafter termed the Applicant, request permission and authority to do certain work herein described on the right-of-way of the State Highway kncwn as IL Route 47 ,Section: ----. from Station to Station Gounty.The work is described in detail on the attached sketch and/or as follows: Located North of Walnut Street l ' Upon approval this permit authorizes the applicant to locate,construct, operate and maintain at the above j mentioned location, a dght4n, right-out 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: j SUB-EASE GRANULAR MATERIAL TYPE A(CA-6 Gradation). I - (SEE ATTACHED SPECIAL.OROVIS10NS) I 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. ThPt permit Is subject to the conditions and restrictions printed on the reverse side of this sheet l This permit is hereby accepted and its provisions.agreed to this day of 2006 Witness S)gned Appiloam 800 Game Farm Road 800 Game Farm 'toad MWMV Add"= i. : n s A�dresa Yorkville Illinois 60560 Yorkville 60560 cry sca:a My stints SIGN AND RETURN TO.• F#egional Engineer Approved this day of , Applicant(2) Department of Transportation cc. Field Engineer Final Inspection BY: Deputy Mector of H'�ghvrmys,Regionel Engineer I Printed August 14,2008 OPER 1045(Rev.5J08) First: The Applicant represents all pa}ties in interest and shall furnish material, do all �,vork, 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 th-a commencement of the described,,von`;. inciudire ar:y seeding or sodding necessary. Second: The proposed work shah be located a;,d constructed to the satisfaction of the District Engineer or his duly authorized representative. No revisions cr additions shall be made to the proposed work on the right-cf-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 Maiwenance Operations) of the Illinois Manual on Uniform Traffic Control Devices for Streets and Highways an..d 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 fcr 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 Appiic:art, 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 charges, 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 The state right of way shall be left in good condition. (No advertising matter shall be placed on the state right of way). 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. 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. 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 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 United City of Yorkville is located in the county of Kendall, state of Illinois, wishes to construct a right-in, right-out 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 United City of Yorkville; now THEREFORE, be it resolved by thq United 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 United 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 workdW, is not, (delete one) to be performed by the employees of the United City of Yorkville. FOURTH: That the proper officers of the United City of Yorkville are hereby instructed and authorized to sign said permit in behalf of the United City of Yorkville. 1, , hereby certify the above to be a City Clerk true copy of the resolution passed by the City Council of the United City of Yorkville, county of Kendall, State of Illinois. Dated this day of A.D. 2006 (Signature) (CORPORATE SEAL) RESOLUTION P V9 Reviewed By: Legal ❑ City Council Finance ❑ iris Engineer 6 a Agenda Item Tracking Number City Administrator ❑ Consultant El Rim nn(,Q=��g _ <CE � City Council Agenda Item Summary Memo Title: IDOT Highway Permit—BP Amoco City Council/Committee of the Whole Date: Sept. 19, 2006 Committee of the Whole Synopsis: This highway permit is for upgrades to the existing driveway entrances, storm sewer construction, and related improvements. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval of resolution guaranteeing satisfactory completion of the work. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: ♦'��`o .).o United City of Yorkville Memo J '" 800 Game Farm Road Esr. 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 y Fax: 630-553-3436 z� o <LE Date: August 11, 2006 r To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering,Deputy City Ckxk Subject: IDOT Highway Permit—BP Amoco Attached find one copy each of a proposed IDOT highway permit and the corresponding resolution for upgrade of three driveway entrances, storm sewer construction, and related improvements associated with the redevelopment of the BP Amoco site at the NE corner of Illinois Route 47 and US Route 34. 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 September 19, 2006 for consideration. Illinois Department of Transportation Highway Permit District Serial No. L-10337 Whereas, I (We) City of Yorkville/BP c/o W.T. Civil Engineering, LLC 39 E. Scully Drive (Name of Applicant) (Mailing Address) Schaumburg IL 60193 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 U.S./IL Route 34/47 , Section ------ , from Station to Station Kendall County. The work is described in detail on the attached sketch and/or as follows: Located at the Northeast Corner of Routes 34 &47. Upon approval this permit authorizes the applicant to locate, construct, operate and maintain at the above mentioned location, the upgrade of three existing commercial entrances and related improvements as shown on the attached plans which become a part hereof. The applicant shall notify John Humenick, Field Engineer, Phone: 630-553-737 or the District Permit Section, Phone: 815-434-8490 twenty-four hours in advance of starting any work covered by this permit. The state right of way shall be left in good condition. (No advertising matter shall be placed on the state right of way). (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 k day qf,, Witness '_L- i Signed p scant Mailing Address Mailing Address si r r3t;,�4 rL✓ �c� I � 3 N i �dcccc�� '� �o;63 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 10,2006 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. Y Y 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 perm it. 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 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 upgrade existing commercial entrances along Routes 34 and 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 entrance improvements 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 44 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, ,City Clerk hereby certify the above to be a true copy of the resolution passed by the City Council of the city of Yorkville, county of Kendall, State of Illinois. Dated this day of A.D. 2006 (Signature) (CORPORATE SEAL) RESOLUTION Pw i` ,5 C/T� Reviewed By: Legal ❑ City Council g ESL 1836 Finance ❑ Engineer City Administrator ❑ Agenda Item Tracking Number �W r�0011— S!7 Consultant ❑ El LE City Council Agenda Item Summary Memo Title: Fountain Village—IDOT Highway Permit City Council/Committee of the Whole Date: 9/19/06 Committee of the Whole Synopsis: An IDOT highway permit is needed for construction activities within the IDOT right-of-way. The developer is requesting_pre-approval of the permit forms. 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. Pass resolution guaranteeing satisfactory completion of the work. 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 Telephone: 630-553-8545 Fax: 630-553-3436 SCE `w Date: September 5, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer CC: John Wyeth, City Attorney Lisa Pickering, Deputy City Clerk Subject: Fountain Village - IDOT Highway Permit Attached find a letter from the Fountain Village developer's attorney requesting that the City Council pre-approve the application for the IDOT highway permit for Fountain Village. The plans are close to being approved,but IDOT has not finished their review yet or sent out the permit application material. We are approaching the end of the construction season, and the developer doesn't want to take the chance of missing the September 19th Committee of the Whole meeting for this item, therefore they are requesting pre-approval. Also attached find a sample copy of the typical resolution form that we are required to adopt every time we apply for an IDOT highway permit. This particular resolution was for the Cozy Corner development, and will need to be modified slightly by IDOT for the Fountain Village development. The resolution guarantees that the work will be performed satisfactorily. We will require the developer to provide a guarantee to us in the form of a bond that they will perform the work and satisfy IDOT's requirements. I recommend that City Council authorize the Mayor and City Clerk to sign the IDOT highway permit application and adopt the corresponding resolution. Please place this permit application and resolution on the Committee of the Whole agenda of September 19, 2006 for consideration. BRUMUND, JACOBS, HAMMEL & DAVIDSON, LLC ATTORNEYS AT LAW EXECUTIVE CENTRE,SUITE 200 MYL98 L.4#40093 50 EAST CLINTON STREET PAUL F BRUMUND JANE9 R.BRUMVNO JOLIET,ILLINOIS 604824193 X979 @000 TED P.HAMMEL GARY K,DAVIDSON TELEPHONE(616)723- M FAX On 5)725.1 871 September 1. 2006 Via Fax and Regular Mail Mr, Joe Wywrot United City of Yorkville Yorkville City Engineer 800 Game Farm Road Yorkville,Illinois 60560 Re: Fountain Village of Yorkville Highway Permit Dear Mr. Wywrot: In furtherance of our telephone conversation and email correspondence of August 23, 2006,please allow this letter to serve as our formal request for a highway improvement permit to be placed on the September 19,2006 committee of the whole agenda. As you are aware, my client has been working diligently with Smith Engineering, as well as with the Illinois Department of Transportation in any effort to gain approval of their IDS and highway improvement plans.Unfortunately,based upon the timing of the City of Yorkville's meeting, we do not anticipate that we will have formal approval from IDOT prior to the September 19, 2006 committee of the whole meeting.We are being told that IDOT approval will occur shortly after September 19,2006.Thus,we are requesting counsel action to"pre-approve" said permit contingent upon approval from]DOT. This action will enable my client to move forward with its site work once the approval from IDOT is obtained. Such action protects the city by making such approval contingent on IDOT while allowing my client to meet its obligatio with the commercial enterprises which are being located on its site.Thank you for agreeing to 1 us to have this matter come before the committee of the whole on September 19, 2006 and ou anticipated cooperation with this request. Should you have any questions, please feel a contact me. Very y ours, BRU JACOBS,HAMMEL &DAVIDSON ley. Gary K. Davion GKD: cmv cc; John Crois cc: Dean Tomich 30NUd Z0V# LZ:LI 900Z/10/60 U61 SZL 918 S000df ONV ONf1N1U:W0ad RESOLUTION WHEREAS, the United City of Yorkville is located in the county of Kendall, state of Illinois, wishes to construct two commercial entrances and related improvements along Illinois 47/126 which by law comes under the jurisdiction an( 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 United City of Yorkville; now THEREFORE, be it resolved by the United 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 United City of Yorkville to proceed with the work herein described and as shown on enclosed detailed plans. SECOND: Upon completion of the commercial entrances 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 durinc 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 W is not, (delete one) to be performed by the employees of the United City of Yorkville. F0'L.;RTH: That the proper officers of the United City of Yorkville are hereby instructed and authorized to sign said permit in behalf of the United City of Yorkville. I, , hereby certify the above to be a City Clerk t� ^.ny of the resolution passed by the City Council of the United City of Yorkville, county of Kendall, State of Illinois. Dated this day of A.D. 2006 (Signature) (CORPORATE SEAL) RESOLUTION Pw C/Ty Reviewed By: J= �T Legal ❑ City Council Finance ❑ EST. �� :1838 13.E6 �� Engineer r4 k y City Administrator ❑ Agenda Item Tracking Number 09 Consultant ❑ PI n A M10- 151 E `,,vim ❑ City Council Agenda Item Summary Memo Title: Prestwick(Unit 1)—Earthwork Letter of Credit Reduction#2 City Council/Committee of the Whole Date: 9/19/06 Committee of the Whole Synopsis: This reduction is based on work completed to date. Recommend a reduction of $186,805.62. The remaining balance would be $259,658.65. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approve Reduction#2 to the earthwork letter of credit in the amount of$186,805.62. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: o United City of Yorkville Memo 800 Game Farm Road 1 1836 Yorkville, Illinois 60560 ��- Telephone: 630-553-8545 0� p Fax: 630-553-3436 ELE Date: August 30, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City Cl k Sue Mika, Finance Director Subject: Prestwick of Yorkville (Unit 1)—Earthwork Letter of Credit Reduction No. 2 Homestar Bank Letter of Credit No. 2005-0902 Attached find an email from the developer's consultant requesting a reduction in the earthwork letter of credit. I have reviewed the request and concur with the amount of work completed to date. I recommend that the earthwork letter of credit for Prestwick Unit 1 be reduced by the amount of$186,805.62. The amount remaining in the letter of credit would be $259,658.65. Please refer to the attachment for details. Our account with the developer with respect to reimbursements and payments of fees indicates that he is current. Please place this item on the September 19, 2006 Committee of the Whole agenda for consideration. 30-Aug-06 Letter of Credit/Bond Reduction Subdivision: Prestwick of Yorkville Reduction No. 2 Substantially Approved Req.Amt Actual amount LOC/Bond Amt. complete prior New amount Amount of Item Eng. Est. for LOC/Bond of LOC/Bond Prior to Red.#2 to Reduction#2 for LOC/Bond Reduction#2 Site Grading $960,563.26 $1,056,619.59 $1,069,444.02 $315,908.29 $932,646.34 $170,605.56 $145,302.73 Onsite Storm Sewer $43,687.25 $48,055.98 $48,055.98 $48,055.98 $43,687.25 $6,553.09 $41,502.89 Offsite Storm Sewer $75.000.00 $82,500.00 $82,500.00 $82,500.00 $0.00 $82,500.00 $0.00 Totals $1,079,250.51 $1,187,175.56 $1,200,000.00 $446,464.27 $976,333.59 $259,658.65 $186,805.62 Notes: 1)LOC/Bond amt.to be 15%of subsantially completed items plus 110%of uncompleted items. Joe Wywrot From: Dave Schultz[dschultz @secgroupinc.com] Sent: Tuesday, August 22, 2006 2:00 PM To: Joe Wywrot Cc: dknott.mallard @sbcglobal.net Subject: Prestwick of Yorkville- Phase 1 - Letter of Credit with Reductions Attachments: LOC-REDUCTION #2-MASS-GRD-PHASE 1-08-22-06.pdf; LOC-PRESTWICK- REDUCTION-#3-FINAL-PHASE1-08-22-06.pdf EMPIA LOC-REDUCTION LOC-PRESTWICK-R 2-MASS-GRD-PHAS--DUCTION-#3-FIN.. Joe, Attached please find the letter of credit reduction #2 for the mass grading improvements for phase 1 and also the letter of credit reduction #3 for Phase 1 Final of Prestwick. From my understanding the amount shown on the Reduction #2 Final - Phase 1 will be posted by the developer and that amount is what they are going to reduce. Please place us on the next available meeting agenda for September approval, thank you. (See attached file: LOC-REDUCTION #2-MASS-GRD-PHASE 1-08-22-06.pdf) (See attached file: LOC-PRESTWICK-REDUCTION-#3-FINAL-PHASE1-08-22-06.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: 7.1.405 / Virus Database: 268.11.5/425 - Release Date: 8/22/2006 1 JOB NAME:PRESTWICK OF YORKVILLE-MASS GRADING-PHASE 1 JOB NUMBER:030269.04-03 LETTER OF CREDIT REDUCTION M-DATE 10113107 LOCATION:UNITED CITY OF YORKVILLE PLAN DATE:0649-07 LETTER OF CREDIT REDUCTION 02-DATE 06122 M CALC BY:GEK PREPARED BY SMITH ENGINEERING CONSULTANTS,INC. CHK BY:DWS Plan Submittal#3(Approval Latter Dated-Septa nebar 1,2003) 6,12/2006 SITE GRADING IMPROVEMENTS %COMPLETE QUANTITY TOTAL TOTAL PAY REM UNIT UNIT COST 7622.00 TOTAL COST COMPLETE COMPLETE REMAINING SEEDING ACRE $ 2,000.00 1 $ 44 220.00 8060% 17.7 $ 35,360.00 $ 8,860.00 EXCELSIOR BLANKET,575 SQ.YD. $ 1.00 6 $ 95 284.60 80.0% 76,227.7 $ 76,227.68 $ 19,056.92 EROSION BLANKET,C350 SQ.YD. $ 6.00 7 $ 22 347.96 100.0% 3,724.7 $ 22,347.96 $ SURFACE TOPSOIL STRIP CUND. $ 1.70 0 238 340.00 100.0% 140,200.0 E 238,340.00 $ SITE CUT TO FILL CUND. $ 2.50 0 $ 511.86&00 100.0% 204 746.0 $ 511 865.00 $ SITE TOPSOIL RESPREAD CU.YD. E 1.65 0 11027.00 100.0% 8,500.0E 14,025.00 $ SILT FENCE FOOT $ 1.55 0$ 22930.70 100.0% 14,794.0 $ 22,930.70 $ CURTAIN WALL CONSTRUCTION FOOT $ 25.00 0 1 630.00 100.0% 52.0 $ 1,550.00 E TEMPORARY CONSTRUCTION ENTRANCE L.SUM $ 10,000.00 1.0 $ 10 000.00 100.0% 1.01$ 10 000.00 $ '*,;`f ,T�;•� u7p. .:',-,�' , ,- a ?sz$ Sub-Total I Is 960,593.26 $ 932,546.34 $27,916.92 STORM SEWER IMPROVEMENTS %COMPLETE QUANTITY TOTAL TOTAL PAY REM UNIT UNIT COST QUANTITY TOTAL COST - COMPLETE COMPLETE REMAINING STORM SEWERS CLASS B TYPE 2.12- FOOT $ 18.00 98.0 1,764.00 100.0% 98.0 $ 1,764100 $ STORM SEWERS,CLASS B,TYPE 2 15- FOOT $ 19650 169.0 ] 760 100.0% 169.0 $ 3.295.50 $ STORM SEWERS CLASS B,TYPE 2,18- FOOT $ 22.00 173.0 ]600.06 100.0% 173.0 $ 3,806.00 S STORM SEWERS CLASS B.TYPE 2,24- FOOT $ 30.50 49.0 S 1,484.50 100.0% 49.0 $ 1.494650 $ STORM SEWERS CLASS A TYPE 2,12' FOOT $ 19.00 25.0 470.00 10000% 25.0 $ 475.00 $ STORM SEWERS CLASS A,TYPE 2,15- FOOT E 21.00 4560 S 943.00 100.0% 45.0 S 945.00 $ STORM SEWERS CLASS A,TYPE 2,24' FOOT $ 35.00 140.0 $ {900.00 100.0% 140.0 $ 4,900.00 $ STORM SEWERS,DRAIN TILE 10' FOOT $ 8.50 212.0 1,802.00 100.0% 212.0 $ 1,802.DO $ PRECAST REINFORCED CONCRETE FLARED END SECTIONS 12'W/GRATE EACH $ 500.00 3.0 $ 1500.00 100.0% 3.0 $ 1,500.00 $ PRECAST REINFORCED CONCRETE FLARED END SECTIONS 15'W/GRATE EACH S 600.00 1.0 S 600.00 10060% 1.0 $ 600.00 $ PRECAST REINFORCED CONCRETE FLARED END SECTIONS 18'W/GRATE EACH $ 750.00 1.0 750.00 100.0% 1.0 $ 750.00 $ PRECAST REINFORCED CONCRETE FLARED END SECTIONS 24'W/GRATE EACH $ 1,000.00 4.0 1000.00 10060% 4.0 $ 1,000.00 E CATCH BASIN,TYPE A.4'DIAMETER,R-3015 EACH $ 1,200.00 2.0 $ 2,400.00 100.0% 2.0 $ 2,400.00 $ MANHOLES TYPE A 5'DIAMETER,TYPE 1 FRAME CLOSED LID W/RESTRICTOR EACH $ 2,500.00 4.0 10 000.00 100.0% 4.0 $ 10 000.00 $ MANHOLES,TYPE A.4-DIAMETER TYPE BG EACH $ 1,200.00 2.0 $ 2,400.00 100.0% 2.0 S 2,400.00 S MANHOLES,TYPE A,4'DIAMETER TYPE 1 FRAME CLOSED LID EACH $ 1,200.00 1.0 1,200.00 100.0%1 1.0 $ 1.200.001$ INLET PROTECTION-REAR YARD FILTER FABRIC EACH $ 100.00 4.0 400.00 100.0% 4.0 $ 400.00 $ STONE RIP RAP CLASS A4 SQ.YD. $ 55.00 35.6 *9.35.253 100.0% 35.6 $ 1 955.25 $ •x. „ES?,,:;G;`7?f ;7f'-G ;e' :S :4 s Sub-Total 43.4147.25 $ 43,66725 $0.00 .,. .,ti-" ,,,...K r., ,-:.:, a�T'?a.s>. a,r.-..:;;..k T_�' „it':.:€r..,5.. ,,.E'l�w z�. �.,: .4. ,,,r4 i�exg;-,�.fir.ThY'f3apt;2,«i1>••5a r !.. - x.,..:w`.a>«, s'.LS x,. :<3:a 3 , Sub-Total $ 1,004,250.51 $ 976,333.59 $102,916.92(Includes$75,000) OFFSITE STORM IMPROVEMENTS Recommended by EEI,Ash!! Rd. $ 75,000.00 15%RETAINED $146,450.04 TOTAL COST $ 1,079,250.51 1 110%RETAINED $113,208.81 TOTAL RETAINED 1259,838.83 Approved Bond or Letter of Credit $ 1,187,175.56 (NEW BOND I LO.C.AMOUNT) Amount Bond at Reduction 01 i',' 446,484.27 TOTAL REDUCTION IN BOND I LO.C.FROM ORIGINAL -$927,516.911-78.1% NOTE: TOTAL REDUCTION IN BOND I L.O.C.FROM REDUCTION 011 4186,805.021-41.8% 15%RETAINED FOR COMPLETED ITEMS,110%OF UNCOMPLETED ITEMS LOC-REDUCTION#2-MASS-GRD-PHASE 1-08-22-06.xla PVv Co.y Reviewed By: J� T Legal ❑ City Council Finance esr 1 � ysas Engineer y City Administrator ❑ Agenda Item Tracking Number Consultant ❑ pw aoo�-�s�t <CEy ��' ❑ City Council Agenda Item Summary Memo Title: Prestwick(Unit 1)—Sitework Letter of Credit Reduction#3 City Council/ Committee of the Whole Date: 9/19/06 Committee of the Whole Synopsis: This reduction is based on work completed to date. Recommend a reduction of $931,309.18. The remaining balance would be $1,554,408.48. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approve Reduction#3 to the sitework letter of credit in the amount of$931,309.18. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: cIT o United City of Yorkville Memo 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 1P, Fax: 630-553-3436 l�It E w� Date: August 30, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City Cl k Sue Mika, Finance Director Subject: Prestwick of Yorkville (Unit 1)—Sitework Letter of Credit Reduction No. 3 Homestar Bank Letter of Credit No. 69432050 Attached find an email from the developer's consultant requesting a reduction in the sitework letter of credit. I have reviewed the request and concur with the amount of work completed to date except for landscaping. The stormwater basins have been landscaped, but no other areas. Landscaping is about 30% complete,not the 75% complete requested. I recommend that the sitework letter of credit for Prestwick Unit 1 be reduced by the amount of$931,309.18. The amount remaining in the letter of credit would be $1,554,408.48. Please refer to the attachment for details. Our account with the developer with respect to reimbursements and payments of fees indicates that he is current. Please place this item on the September 19, 2006 Committee of the Whole agenda for consideration. 30-Aug-06 Letter of Credit/Bond Reduction Subdivision: Prestwick of Yorkville-Phase 1 Reduction No. 3 LOC/Bond LOC/Bond Approved Theoretical amt. Amount after Completed Work Reduction No.3 Amount to remain Item Eng. Est. for LOC/Bond Red.#2 Prior to Red.#3 amount after Red. No.3 Storm Sewer $703,496.30 $773,845.93 $138,281.68 $670,215.00 $1,140.00 $137,141.68 Watermain $687,085.00 $755,793.50 $103,062.75 $687,085.00 $0.00 $103,062.75 Roadways $1,009,270.86 $1,110,197.95 $1,110,197.95 $631,755.75 $600,167.97 $510,029.98 Onsite Sanitary Sewer $634,855.80 $698,341.38 $191,661.73 $617,991.80 $80,412.56 $111,249.17 Offsite Sanitary Sewer $339,597.50 $373,557.25 $373,557.25 $132,035.00 $125,433.25 $248,124.00 Misc. Improvements* $517,233.00 $568,956.30 $568,956.30 $130,689.90 $124,155.41 $444,800.90 Totals $3,891,538.46 $4,280,692.31 $2,485,717.66 $2,869,772.45 $931,309.18 $1,554,408.48 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 @secgroupinc.com] Sent: Tuesday, August 22, 2006 2:00 PM To: Joe Wywrot Cc: dknott.mallard @sbcglobal.net Subject: Prestwick of Yorkville-Phase 1 - Letter of Credit with Reductions Attachments: LOC-REDUCTION#2-MASS-GRD-PHASE 1-08-22-06.pdf; LOC-PRESTWICK- REDUCTION-#3-FINAL-PHASE1-08-22-06.pdf IM IM LOC-REDUCTION LOC-PRESTWICK-R 2-MASS-GRD-PHASzDUCTION-#3-FIN.. Joe, Attached please find the letter of credit reduction #2 for the mass grading improvements for phase 1 and also the letter of credit reduction #3 for Phase 1 Final of Prestwick. From my understanding the amount shown on the Reduction #2 Final - Phase 1 will be posted by the developer and that amount is what they are going to reduce. Please place us on the next available meeting agenda for September approval, thank you. (See attached file: LOC-REDUCTION #2-MASS-GRD-PHASE 1-08-22-06.pdf) (See attached file: LOC-PRESTWICK-REDUCTION-#3-FINAL-PHASE1-08-22-06.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: 7.1.405 / Virus Database: 268.11.5/425 - Release Date: 8/22/2006 1 ` M o Mr I UP 0. Roocy- moo AN o BERM 2 Hal QQ 8, R S . . . . . . . . . . . . . . . . ss-saososssssssssssss°�sassss°ssaoos888.... ':a sossss85is �CQ. Sm N � 5 8888$000888.8088$$088888888888888.8.8888.8800`' 88o8S8S8:;�'. o m 0000000000aoro eaoo�ova�`0000000ev000000evoo^' �`oaoevoa'µ' S8S858888888888o5588SS8$8885888858888888 88888858 ` F. �� as; sassssaas;s sasasssass$$as;s$a�asssss� aa$a$$sa : a 5 585$8888888s8888S 88 8 S8sS88o8888888888858 888885 i. 51 8 000soLLsssoosasgss � g= �0 _ W s ° r` G 3 3 3 3 3 3 O O O ps O O O O q oo UU �F U OU 4844444 3� $� 5: a a a a d d d<<m m m m m m m m m o 0 0 0 0 ow.. -uuuu :�' w�°b < d<ao z w<a u u u u v u u u u u u u m a¢m m m a a d d< 0000000w m "ddd"d�"z �"d"��2"dd4ttttaaoaaaa�titi��Z u6mm t m w-- ��www key ffs zszsE�xaffEZf �.� �m �m�t D' <mF °ws r 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 arcrcaauu E Eaa � fu 1.1<5 mid"A 3'�` me xx 00 m� m q » ; s masosoosss VM ^ z o LE `6 �■�$°o$1°ox°q°°o,$°o$$ti.: W�.= OK 0000eov000, 000000_. 0000 o $8888888 °88 9- o= 30 �$$�sass8$ s a;ass ,��8 aass � g R S� s 6 64 W° M LU 8588888°S8 888888 : 888 r $8 v r $ S in k s� a try I�O t� OOO D DuI uS uSwu:�„ uSu d"Ong" J o g m M QQ U 1 O 93 GY o� t1i CaP m� a tprs $ Mztz a u S LL W•• a'a g�g>a>LL LL o m w�� u ti � g LJ =�� PW � g CO- Reviewed By: J� O� Legal ❑ City Council N Finance ❑ EST. 1 � : 1836 Engineer or r �.(l d",, � ,' City Administrator ❑ Agenda Item Tracking Number ` O Consultant ❑ PW o2 0 0 l� l53 ❑ SCE City Council Agenda Item Summary Memo Title: Raintree Village Unit 6—Theoretical Construction Guarantee Reduction No. 2 City Council/Committee of the Whole Date: 9/19/06 Committee of the Whole Synopsis: This is a theoretical reduction for onsite work in the amount of$761,177.11. The amount of the construction guarantee would be reduced to $1,250,203.56. 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: J� a� United City of Yorkville Memo 800 Game Farm Road esr. 1 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 SCE Date: September 12, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City Clerk Subject: Raintree Village Unit 6—Theoretical Construction Guarantee Reduction No. 2 Attached find a request for a reduction in the construction guarantee amount for Raintree Village Unit 6. The final plat for Unit 6 has not been recorded yet, and a construction guarantee has not been established. The developer has proceeded with construction of infrastructure,however, and is asking for acknowledgement of that work so he can provide a guarantee for a lesser amount once he is ready to record the final plat. I have reviewed the request and concur with the amount of work completed to date. I recommend that a theoretical reduction be approved in the amount of$761,177.11. The amount of the guarantee would be reduced to $1,250,203.56. Please refer to the attachment for details. Please note that this amount does not include earthwork-related items, which will need to be added to the total prior to recording the plat. Please place this item on the Committee of the Whole agenda of September 19, 2006 for consideration. 12-Sep-06 Letter of Credit/Bond Reduction Subdivision: Raintree Village- Unit 6 Onsite Work(excluding earthwork&erosion control) Reduction No. 2 LOC/Bond LOC/Bond Approved Amount Remaining Completed Reduction No.2 Amount to remain Item Eng. Est. After Red. No.1 Work Amount after Red. No.2 Pavement $659,300.00 $670,940.11 $76,075.00 $17,981.36 $652,958.75 Sanitary Sewer $280,430.00 $228,853.50 $280,430.00 $186,789.00 $42,064.50 Storm Sewer $454,217.00 $349,092.91 $454,217.00 $280,960.36 $68,132.55 Watermain $346,025.00 $312,425.10 $346,025.00 $260,521.35 $51,903.75 Staking $34,799.44 $31,226.23 $23,134.94 $14,925.04 $16,301.19 Landscaping $269,266.20 $296,192.82 $0.00 $0.00 $296,192.82 Miscellaneous $111,500.00 $122,650.00 $0.00 $0.00 $122,650.00 Totals $2,155,537.64 $2,011,380.67 $1,179,881.94 $761,177.11 $1,250,203.56 Notes: 1) Remaining LOC/Bond amt. to be 15% of substantially 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. ///# JACOB & HEFNER ASSOCIATES P.C. 1901 S. BROOK ROAD•SUITE 181 OAKBROOK TERRACE, IL 60181 ENGINEERS • SURVEYORS PHONE:630-942-9000•FAX:630-942-1774 September 7, 2006 Mr. Joseph A Wywrot, P.E. City Engineer City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Letter of Credit Reduction — Raintree Village Unit 6 Yorkville, IL Dear Mr. Wywrot: Enclosed for your approval is LOC reduction estimate for Raintree Village- Unit 6. The letter of credit is in amount of$1,551,801.35. We are requesting a reduction of $462,515.10 for a gross letter of credit amount of $1,089,286.25 to remain for Unit 6. If you have any questions or require any additional information, please contact our office. Sincerely yours, Jacob & Hefner Associates, P.C. Thakor P. Patel, P.E. XC: John Whitehouse, EEI Rob Zoromski, Lennar Communities of Chicago Steve Dragoo, Lennar Communities of Chicago TRANSPORTATION • WATER RESOURCES • LAND DEVELOPMENT MUNICIPAL SURVEYING LOC REDUCTION FOR CONSTRUCTION COST PROJECT: RAINTREE VILLAGE - UNIT 6 YORKVILLE, ILLINOIS DEVELOPER: LENNAR COMMUNITIES OF CHICAGO HOFFMAN ESTATES ILLINOIS PROJECT # D-054E LAST REV. 7-Sep-06 —Lup-�— Thakor P. Patel P.E. Illinois Registered Professional Engineer No. 062-049673 Expires 11/30/2007 JACOB & HEFNER ASSOCIATES, P.C. 1901 S. MEYERS RD., SUITE 350 OAKBROOK TERRACE, IL 60181 (630)-652-4600 UNIT PERCENT PAVEMENT QUANTITY UNIT PRICE AMOUNT COMPLETE AMOUNT 1 1.5" BIT. CONC. SURF. CSE., TY 2, MIX D, CLI 20,400 S.Y. $3.50 $71,400.00 0 $0.00 2 2.5" BIT. CONC. BINDER CSE., TY 2, CLI 14,800 S.Y. $5.25 $77,700.00 25 $19,425.00 3 4.5" BIT. CONC. BINDER CSE., TY 2, CLI (2 LIFT) 5,600 S.Y. $9.00 $50,400.00 0 $0.00 4 10" CRUSHED AGG. BASE CSE., TYPE B 14,800 S.Y. $7.00 $103,600.00 Z5 $25,900.00 5 12" CRUSHED AGG. BASE CSE., TYPE B 5,600 S.Y. $8.00 $44,800.00 0 $0.00 8 COMB. CONC. CURB & GUTTER, TYPE B-6.12 12,300 L.F. $10.00 $123,000.00 25 $30,750.00 9 P.C.C. SIDEWALK 62,800 S.F. $3.00 $188,400.00 0 $0.00 SUBTOTAL= $659,300 UNIT SANITARY SEWER QUANTITY UNIT PRICE AMOUNT 1 8" SAN SEWER, PVC SDR 26 5,283 L.F. $20.00 $105,660.00 100 $105,660.00 2 10" SAN SEWER, PVC SDR 26 657 L.F. $30.00 $19,710.00 100 $19,710.00 3 SAN MH, TYPE A, 48" DIA. 28 EACH $2,100.00 $58,800.00 100 $58,800.00 4 SAN SERVICE- SHORT 67 EACH $400.00 $26,800.00 100 $26,800.00 5 SAN SERVICE- LONG INCL. TBF 34 EACH $1,400.00 $47,600.00 100 $47,600.00 6 RISER 29 EACH $200.00 $5,800.00 100 $5,800.00 7 TRENCH BACKFILL 730 L.F. $22.00 $16,060.00 100 $16,060.00 SUBTOTAL= $280,430 RAINTREE VILLAGE- UNIT 6 1 OF 4 UNIT STORM SEWER QUANTITY UNIT PRICE AMOUNT 1 8" UNDER DRAIN W/STONE & FABRIC 560 L.F. $16.00 $8,960.00 100 $8,960.00 2 8" STORM SEWER, PVC SDR 26 516 L.F. $16.00 $8,256.00 100 $8,256.00 3 12" STORM SEWER, RCP, CL V 4,150 L.F. $17.00 $70,550.00 100 $70,550.00 4 15" STORM SEWER, RCP, CL V 1,328 L.F. $18.00 $23,904.00 100 $23,904.00 5 18" STORM SEWER, RCP, CL IV 999 L.F. $22.25 $22,227.75 100 $22,227.75 6 18" STORM SEWER, RCP CLIII 568 L.F. $20.50 $11,644.00 100 $11,644.00 7 21" STORM SEWER, RCP, CL IV 80 L.F. $27.50 $2,200.00 100 $2,200.00 8 21" STORM SEWER, RCP CLIII 533 L.F. $25.50 $13,591.50 100 $13,591.50 9 24" STORM SEWER, RCP, CL IV 512 L.F. $31.50 $16,128.00 100 $16,128.00 10 24" STORM SEWER, RCP CLIII 635 L.F. $29.75 $18,891.25 100 $18,891.25 11 27" STORM SEWER, RCP, CL IV 62 L.F. $38.00 $2,356.00 100 $2,356.00 12 27" STORM SEWER, RCP CLIII 135 L.F. $36.00 $4,860.00 100 $4,860.00 13 30" STORM SEWER, RCP, CL IV 280 L.F. $39.00 $10,920.00 100 $10,920.00 14 30" STORM SEWER, RCP CLIII 593 L.F. $37.50 $22,237.50 100 $22,237.50 15 36" STORM SEWER, RCP CLIII 366 L.F. $51.00 $18,666.00 100 $18,666.00 16 42" STORM SEWER, RCP CL III 606 L.F. $62.50 $37,875.00 100 $37,875.00 17 INLET TYPE A, 24" DIA. 41 EACH $600.00 $24,600.00 100 $24,600.00 18 CATCH BASIN TYPE B, 36" DIA. 18 EACH $1,000.00 $18,000.00 100 $18,000.00 19 CATCH BASIN TYPE A, 48" DIA. 7 EACH $1,200.00 $8,400.00 100 $8,400.00 20 CATCH BASIN TYPE A, 72" DIA. 1 EACH $2,850.00 $2,850.00 100 $2,850.00 21 MANHOLE TYPE A, 36" DIA. 11 EACH $900.00 $9,900.00 100 $9,900.00 22 MANHOLE TYPE A, 48" DIA. 10 EACH $1,100.00 $11,000.00 100 $11,000.00 23 MANHOLE TYPE A, 60" DIA. 18 EACH $1,450.00 $26,100.00 100 $26,100.00 24 MANHOLE TYPE A, 72" DIA. 3 EACH $2,600.00 $7,800.00 100 $7,800.00 25 SPECIAL MANHOLE, 5'X5' BOX 2 EACH $5,200.00 $10,400.00 100 $10,400.00 26 CONC. FL. END SECT., 12" 1 EACH $750.00 $750.00 100 $750.00 27 CONC. FL. END SECT., 15" W/GRATE 1 EACH $800.00 $800.00 100 $800.00 RAINTREE VILLAGE- UNIT 6 2 OF 4 28 CONC. FL. END SECT., 18"W/GRATE 3 EACH $850.00 $2,550.00 100 $2,550.00 29 CONC. FL. END SECT., 27"W/GRATE 1 EACH $1,050.00 $1,050.00 100 $1,050.00 30 CONC. FL. END SECT., 30"W/GRATE 1 EACH $1,350.00 $1,350.00 100 $1,350.00 31 CONC. FL. END SECT., 42" W/GRATE 1 EACH $1,650.00 $1,650.00 100 $1,650.00 32 STORM SERVICE 101 EACH $150.00 $15,150.00 100 $15,150.00 33 TRENCH BACKFILL 1,550 L.F. $12.00 $18,600.00 100 $18,600.00 SUBTOTAL= $454,217 UNIT WATERMAIN QUANTITY UNIT PRICE AMOUNT 1 8" WM, DIP CL 52 W/FITGS 3,850 L.F. $21.00 $80,850.00 100 $80,850.00 2 12" WM, DIP CL 52 W/FITGS 1,400 L.F. $29.00 $40,600.00 100 $40,600.00 3 16" WM, DIP CL 52 W/FITGS 1,200 L.F. $46.00 $55,200.00 100 $55,200.00 4 8"VALVE IN 48" VAULT 10 EACH $1,500.00 $15,000.00 100 $15,000.00 5 12" VALVE IN 60" VAULT 3 EACH $2,600.00 $7,800.00 100 $7,800.00 6 16" VALVE IN 60" VAULT 4 EACH $6,400.00 $25,600.00 100 $25,600.00 7 FIRE HYD. W/AUX. VALVE &VALVE BOX 23 EACH $1,950.00 $44,850.00 100 $44,850.00 8 WATER SERVICE, SHORT, 1" W/B-BOX 51 EACH $375.00 $19,125.00 100 $19,125.00 9 WATER SERVICE, LONG, 1"W/B-BOX 50 EACH $900.00 $45,000.00 100 $45,000.00 10 TRENCH BACKFILL 750 L.F. $16.00 $12,000.00 100 $12,000.00 SUBTOTAL= $346,025 UNIT LANDSCAPING QUANTITY UNIT PRICE AMOUNT SEE FOLLOWING PAGES 1 L.S. $137,797 0 $0.00 SUBTOTAL= $137,797 RAINTREE VILLAGE- UNIT 6 3 OF 4 UNIT MISCELLANEOUS QUANTITY UNIT PRICE AMOUNT 1 STREET LIGHT (COMPLETE) 25 EACH $3,500.00 $87,500.00 0 $0.00 2 RETAINING WALL 1,200 S.F. $20.00 $24,000.00 0 $0.00 SUBTOTAL= $111,500 TOTAL= $1,989,269.00 TOTAL CMPLT. $1,156,747.00 AMOUNT OF WORK COMPLETED A $1,156,747.00 AMOUNT OF WORK TO BE DONE B $832,522.00 15% CONTINGENCY OF WORK COMPLETED C = 0.15XA $173,512.05 110% OF AMOUNT OF WORK TO BE DONE D = 1.10XB $915,774.20 NET L.O.C. AMOUNT G = C+D $1,089,286.25 RAINTREE VILLAGE- UNIT 6 4 OF 4 PW 1- 9 ♦,��D C/Ty Reviewed By: Legal r-1 City Council Finance ❑ EST. '� -�� :1836 Engineer ��► 8 IZY�°b City Administrator El Agenda Item Tracking Number � , . Qulaoo� - isy Consultant ❑ <<E" ❑ City Council Agenda Item Summary Memo Title: River's Edge Subdivision Unit 1 —Warranty Letter of Credit Expiration City Council/Committee of the Whole Date: 9/19/06 Committee of the Whole Synopsis: The warranty letter of credit will expire on 12/1/06. We have identified 19 trees and one section of sidewalk needing replacement. 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 River's Edge Unit 1 warranty letter of credit if the punchlist is not satisfactorily addressed by November 17, 2006. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: T o United City of Yorkville Memo 0 800 Game Farm Road Esr ,ass Yorkville, Illinois 60560 ��- Telephone: 630-553-8545 ° Fax: 630-553-3436 ,a .a LE Date: Date: August 28, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer u CC: John Wyeth, City Attorney Lisa Pickering, Deputy City Clerk Subject: River's Edge Subdivision(Unit 1)—Warranty Letter of Credit Expiration West Suburban Bank LOC#1439 Attached find a letter from West Suburban Bank notifying us of the warranty letter of credit for River's Edge Unit 1 will expire December 1, 2006. We checked the public infrastructure and found it to be in good condition except for one section of sidewalk and around 19 parkway trees. The trees were either dead, dying,missing, or were a prohibited species. We have notified the developer of the need to address these items and anticipate that he will do so. Our standard practice,however, has been to be in a position to call the letter of credit should that become necessary. I recommend that City Council authorize the City Clerk to call the warranty letter of credit if the punchlist items are not satisfactorily addressed by November 17, 2006. Please place this item on the Committee of the Whole agenda of September 19, 2006 for consideration. ' 'SUBLIRBAIV BA/' K August 14, 2006 United City of Yorkville 800 Game Farm Road Yorkville IL 60560 Re: Letter of Credit 1439 S & K Development LLC To Whom It May Concern: The above referenced letter of credit is about to expire on December 1, 2006. This letter will serve as your notice as required by the original letter of credit. If you have any questions please contact the undersigned at 630-652-2302. Sincerely, �� a CIJ Debbie Crowley Vice President Commercial Loan Operations CERTIFIED MAIL 7002 3150 0001 9990 4396 717 S.Westmore-Meyers Rd., Lombard, IL 60148 (630) 652-2000 Fax(630) 629-0279 Co. Reviewed By: Legal ❑ City Council Finance ❑ ESi. , . 1836 Engineer 4'%'O' City Administrator ❑ Agenda Item Tracking Number Consultant ❑ PW olObl�-155 City Council Agenda Item Summary Memo Title: Galena Road Watermain—Change Order#1 City Council/Committee of the Whole Date: 9/19/06 Committee of the Whole Synopsis: This change order is for additional casing pipe and two valves. 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 J '" 800 Game Farm Road EST 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 __ � Fax: 630-553-3436 9 <LE Date: September 8, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City Clerk Subject: Galena Road Watermain—Change Order#1 Attached find one copy of proposed Change Order#1 for the referenced project. This change order, in the amount of a$14,695.80 increase, is for additional casing pipe and two valves. The original plan called for a casing pipe under Galena Road that was long enough to cross the existing road,but would not extend beyond the edge of the road after Galena is widened in the future. The casing pipe was lengthened by a total of 20 feet(10 feet by open-cut and 10 feet by augering). Lengthening the casing pipe will allow us to access the watermain for future maintenance without cutting into the road. We also added two valves to the watermain. One was located on the west side of Blackberry Creek, and will allow us to shut down the watermain beneath the creek in the event of a break. The other valve was located at Cannonball Trail, and will allow for an extension to the south. While the up front cost of this project is being paid for by the Grande Reserve developer, the annexation agreement requires the city to grant credits and approve recapture agreements based on the final cost. Therefore it is important that we keep track of and approve any changes to the project costs. I recommend that this change order be approved. Please place this item on the Committee of the Whole agenda of September 19, 2006 for consideration. UNITED CITY OF YORKVILLE Galena Road Watermain Contract E.5 Change Order No 1 Pirtano Construction Company, Inc. Date: 29-Aug-06 1766 Armitage Court Addison, Illinois 60101 Awarded Revised Difference in No. Item Quanti Quantity Difference Unit Unit Price Cost 10 Bore&Jack 30"Steel Casing Pipe,0.375'wall thickness 335 345 10 FT $325.65 $3,256.50 11 Trench 30"Steel Casing Pipe,0.375"wall thickness 50 60 10 FT $181.00 $1,810.00 7 Butterfly Valve and Valve Vault, 16"(Resilient Seat)in 60"Vault 6 8 2 EA $4,814.65 $9,629.30 Total change: $14,695.80 Contract Award Amount: $593,945.65 Plus Previous Change Orders: $0.00 Revised Contract Amount: $608,641.45 Recommend for Approval: Date: City o Vj kville Approved: Date: Pirtano Constructi ompa ,Inc. Approved: Date: City of Yorkville A66 FRI 12 08 PM PIRTANO CONSTRUCTION FAX NO, 1630 691 4306 P. 02 1766 Armitage court `4 Addison, Illinois 60101 VVI •- phone: (630)932-1810 fax (630) 932-1882 i May 24, 2006 Mr.Jason Nijim Pasquinelli 6860 North Frontage Road Burr Ridge, IL 60527 Re: Contract E.5 Galena Road Watermain Yorkville, Illinois Jason, Please process the following change order request for the above job. 325.65 = 3,256.50 1.Extend 30"casing under Galena Road by augering Village Request 10 If 181.00 - 1,810.00 2. Extend 30"casing under Galena Road by open cut Village Request 10 If (� _ 3.Add 16"Valve&Vault Sta 79+60 to South Stub Village Request 1 ea @ 4,814.65 4,814.65 4.Add'16"Valve 8 Vault 5ta 101+30 by Jacking pit(Blackberry Creek) 1 ea Q 4,815.65 4,815.65 Total Chang*this Bequest $14,696.80 Should you have any questions, please feel free to contact me. Sin y, Carl Carani Project Manager 1 Pw a 11 Reviewed By: J� T Legal ❑ City Council isas Finance ❑ 8 zstdZ Engineer (� City Administrator Agenda Item Trackin g Number LI � O Consultant ❑ PA) ao'Ou- I St, *7Z `��2 ❑ CE City Council Agenda Item Summary Memo Title: Walnut Plaza—Plat of Dedication &Plat of Easement City Council/Committee of the Whole Date: 9/19/06 Committee of the Whole Synopsis: These plats formally dedication Walnut Street right-of-way and onsite for utilities and sidewalks. 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 ESE 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 4k p� Fax: 630-553-3436 SCE Date: August 24, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer L)Y7— CC: John Wyeth, City Attorney Lisa Pickering, Deputy City Clerk Subject: Walnut Plaza–Plat of Dedication&Plat of Easement Attached find one copy each of the proposed plat of dedication and plat of easement for the referenced property, which is located at the NE corner of Route 47 and Walnut Street. This property legally extends to the center of Walnut Street. The plat of dedication establishes a 33-foot wide city right-of-way for Walnut Street, and also includes the corner cut IDOT needs for their future Route 47 widening project. IDOT has approved this plat. The plat of easement dedicates perimeter utility and drainage easements, and also creates a pedestrian easement for sidewalk along Route 47. I recommend that these documents be approved. Please place this item on the Committee of the Whole agenda of September 19, 2006 for consideration. 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MhcAm Prar..rnd Cad 5—W Nw 2737 6V_ -F_rrpMS•o Nfrp.P.C. /lr.ba nab Sb.K AL Lla em.r br b Rr.ar hr. aL a..Ira MOb WIN YakNr.••haf Plan LLC ln41 a4r-mm e`•lwgf 445-.ma sr n.w o a.�r,+wv a.aW•arat awr...e .r.a.. ew4mr Exhibit "A" Plat of Public Utility and Drainage Easement of Lot 9 and Part of Lot 2 Landmark Center Yorkville Kendall County lllinois and Part of Section 28-37-7 United City of Yorkville Kendall County Illinois State of Illinois ) )ss This indenture witnesseth, that the grantor, Yorkville Walnut Plaza, L.L.C., is the owner County of Kendall) of the land hereon described and platted, does hereby grant to and reserve permanent easements in accordance to easement provisions indicated hereon to the United City of Yorkville, Kendall County, Illinois, a body corporate and politic of the State of Illinois. Dated at United City of Yorkville, Illinois this _ day of 2006. President Y� Attest: _ Secretary State of Illinois ) )ss l a Notary Public in and for the County and County of Kendall) State aforesaid, hereby certify that President and Secretory who are personally known to me to be the same persons whose names are subscribed to the occomponying instrument, appeared before me this day in person and acknowledged the execution of said instrument as their free and voluntar L.L.C. y act and the free and voluntary act of the Given under my hand and Notarial Seal, this ^_ day of 2006. Notory Public State of Illinois ) )ss Accepted and approved by the United City of Yorkville, Kendall County of Kendall) County, Illinois this doy of 2006. Mayor Attest. City Clerk State of Illinois ) )ss 1, Paul Anderson, County Clerk of Kendall County, Illinois, do hereby County of Kendall) certify that there ore no delinquent general taxes, no unpaid current taxes, no unpaid forfeited taxes, and no redeemable taxes against any of the land included in the plot. l further certify that l have received all statutory fees in connection with the attached plot of dedication. Given under my hand and Notarial Seal, this _ day of 2006. County Clerk Prepared by. Western Surveying&Engineering, P.C. 321 Stevens Street, Suite A August 18, 2006 Ordered by & Prepared for. Geneva, Illinois 60134 Sheet 1 of 4 Yorkville Walnut Plaza, L.L.C. (630) 845-0600 (630) 845-0601 Fox File Nome: Easement Drown by. M>•Z Directory. CAD4\392001 Job No.: 392001 Exhibit "A" Plat of Public Utility and Drainage Easement of Lot I and Part of Lot 2 Landmark Center Yorkville Kendall County Illinois and Part of Section 28-37-7 United City of Yorkville Kendall County Illinois ti 5.783J'JJT N —————————— —!�-_&tY GlOnted tj A -P 'b Point of Beginning t:✓ a 1a ra'l I so ————4———————————————————--— - M."74 —public UNIty and Dranoge Easement — Hereby Grmted 4 . Tj Walnut N.81W51•W 31234• Street J N Graphic Scale 0 2S• 50- too' Bearings indicated on this plot are based upon those indicated on the recorded subdivision plot. Prepared by. 1 inch 50 feet Western Surveying A Engineering, P.C. 321 Stevens Street Suite A August 18, 2006 Ordered by& Prepared for. Geneva, Illinois 60134 Sheet 2 of 4 Yorkville Walnut Plaza, L.L.C. (630) 845-0600 (630) 845-0601 Fax FWV Nam. Ew..,t D•on by MTZ Dftctory. CAD4\392001 Job No.. 3.92.001 Exhibit "A" Plat of Pedestrian Easement of Lot I and Part of Lot 2 Landmark Center Yorkville Kendall County 1111nois and Part of Section 28-37-7 United City of Yorkville Kendall County Illinois S 7853'3.3'E. 1 1--20- Nh '00 ca � II n 11 Point S7&W',Xr jj,.W I F-20' MZ.M• ALMW'X•W. 2673d' —M-4y A- f Nbhf Sh..t---1 t Center Line ---------- Waln u t N.81'35'51'W 312.34' Street "k N 3: Graphic Scale 0 2r 50' 100, Bearings indicated on this plat are based upon those v�� indicated on the recorded subdivision plat Prepared by. 1 inch = 50 feet Western Surveying& Engineering, P.C. 321 Stevens Street suite A August 18, 2006 Ordered by & Prepared for.• Geneva, Illinois 60134 Sheet J of 4 Yorkville Walnut Plaza, L.L.C. (00) 845-0600 (630) 845-0601 Fax n.N.M.. Easement Drvwn by M7Z Directory. CAD4\392001 I Job N..: 392.001 Exhibit "A" Plat of Easement of Lot I and Part of Lot 2 Landmark Center Yorkville Kendall County Illinois and Part of Section 28-37-7 United City of Yorkville Kendall County Illinois Public Utr7 1ty and Drainage Easement Descrintion Are northerly 10.0 feet, the easterly 20.0 feet, the westedy ta0 feet, the southerly 2a0 feet and the southwastedy 10.0 Abet of that part of Section 24 Townsh4D 37 North, Range 7 East of the 7hid Pnccod Marid/an described as IbNows: Beginning at the southeast comer of Lot 1, Landmark Center, YorkvIle, KendaN County, R/hois, thence South 1117627' West along the southerly extension of the easterly line of said Lot 1, 116.82 feet to the northerly line of Walnut Street as dedicated by Document A%= thence North 8135151'West along said northerly/he 287.34 feet to an angle point In said northedy IhR thence North 357442' West along a northeasterly line of said Walnut Street 34.51 feet to the southerly extension of the westarfy line of sold Lot 1. thence North 1117627'East along said extension, sold westerly/he and the westedy/he of Lot 2 In said Landnak Center, 294.88 feet to a point that Is 5.734 feet southerly of the northwest corner of sold Lot 4 thence South 785333'East parallel with the nwMady/he Of sold Lot 2 311.99 feet to the easterly/he of said Lot Z thence South 1117627' West along the easterly lines of said Lots 2 and 1, 18532 feet to the point of beginning; ol/ as shown hereon In the United City of Yorkvglg Kendal/County, /Rhona Public Utility and Drainage Easement Provisions A non—exclusive easement is hereby reserved for and granted to the United aty of Yorkville, /Rinds to construct, hsW. reconstruct, repair, remonh replace and Inspect facNlties for the transmission and d/strbution of water, storm sewers sanitary sewers gas electricity, teiephona cable television Bras and all necessary appurtenant facRRles tberetq, within dine areas shown on the plot as 'public utR/ty& ahvhage easement" together with a right of access thereto for the personnel and ow*vnent necessary and required for such uses and purposes. The United City of Yorkvi/s, and its agents, successors and assigns may permit holders of existing franchises with the Clty to occupy said easame nts said holders being bound by the terms descrbed In these easement provlsiona The above named entitles are hereby granted the right to enter upon easements heroin descrbed for the uses harsh set farth and the right to cut, trim, or remove any trees shrubs or other plants within the arson designated as 'pub/le uWity and drainage easement'which Interfere with the construction, Installation, reconstruction, repay, removal, replacement. maintenance and operation of their underground transmission and distribution systems and faciltim appurtenant thereto. No permanent buldhgs structures or obstructions shall be constructed In, upon, or over any areas designated as 'Public Utilty and Drainage Easement, but such areas may be used for gardens shrubs, tree; landscaping driveways and other related purposes that do not unreasonably hterfee with the uses harsh deserfood Notwithstanding anything contained herein to the contrary, nothing shag prohIM the Owner of the subject property from hsta6Ing paved or concrete surfaces In the drainage easement areas and using sold areas for means of Ingress and egress to the property, parking and arivewoys fie occupat/an and use of the non—axdushe easement herein granted and reserved far the above named entitles by each of such entities shall be done In such a manner so as not to hterfare with or preclude the occupation and use thereof by other entities for which such easements we granted and reserved. The crasshg and recrossing of said easements by the above named entities shat/be done An such a maser so as not to interfere with, damage, or disturb any transmission and distrbution systems and faclities appurtenant thereto existing within the easements being crossed or recrossed. No use or occupations of said easements by the above named entities shall cause any change In grade or hnpafr or change the surface drainage patterns, Following any work to be performed by the United City of YcrkvR/e In the exercise of its easement Nghts hereh granted sold dty shall have no obligation with respect to surface restoration, Including but not/knifed tars the restoration, repair or replacement of pavement, curb, gutter, trees Jown or shrubbery provided however, that said City shaN be obligated, fo/%wlng such maintenance wo* to boddA7 and mound all trench created so as to retah suitable drainage, to cold patch any asphalt or concrete surface, to remove d/excess debris and spool, and to leave the maintenance area In a genard/y dear and worirmanlRm co ndlilan. Pedestrian Easement Descrj p t ion The easterly 10 feet of the westedy 20 feet of Lot 1 and 2(excepting therefrom the northerly 5.734 feet of said Lot 2 as measured along the eastafy and westerly line thereof% Landmark Canter, YakvWq, Kendal County, X/noig and also; and the easterly 10 feet of the westerly 20 feet of that pat of Section 24 TownshIp 37 North, Range 7 East of the Anbd Pr1ne47d Meridian descrbed as fallowsr Beghnhg at the southeast caner of sold Lot 1; thence South 11 0627' West along the southerly extension of the eostedy line of sold Landmark Center 14986 feet to the center/he of Walnut Stree; thence North 813551' West along sold center/ins 31234 feet to the southerly extension of the westarty line of said Landmark Center, thence North 110627'East along sold extension 16460 feet to the southwest comer of said Lot 1. thence South 783333'East along the southerly line of said Lot 311.99 feet to the point of beghnhg (excepting therefrom that pat thereof/yang southerly and southwesterly of the northerfy and nathomforty Jhe of Wanut Street) An the United City of Yorkville, Kendall County, R/inch Pedestrian Easement Provisions The United City of YodrvR/e, Its successes licensees and assigns, am hereby given easement rights over all areas on the plat marked loedestrlon Easement'to construct, Install, reconsbuct rapai, remove, replace, inspect, maintain and operate pedestrian and bicycle troll; paved or unpaved for the use and enp)ment of the general publAm fie above named entities we hereby granted the right to enter upon easements herein descrbed for the uses herein set lath and the right to cut, trim, or remove any trees shrubs or other plants within the easement areas herein granted which interfere with the construction, Installation, reconstruction, repair, removal, replacement, Inspection, maintenance and cparation thereof. No temporary or permanent buidhgs, structures or obstructions shall be placed on or over said easements that Interfere with the rights herein granted. Prepared by. Western Surveying& Engineering, P.C. August 18, 2006 Ordered by & Prepared for. 321 Stevens Street Suite A Sheet 4 Of 4 L.L.C.Yorkville Walnut Plaza, Genes, Illinois 60134 (630) 845-0600 (630) 845-0601 Fax f7ie Nana: Easement Drown by: An7 Directory. C4D4\392001 Job No.: 392.001 PW Reviewed By: ate+ Legal ❑ City Council WE im Finance ❑ _._ Engineer ❑ City Administrator ❑ Agenda Item Tracking Number Consultant ❑ P CE �yti Human Resources ❑ W d 0 O tP— 1 S 7 City Council Agenda Item Summary Memo Title: YMCA—Pool Property Construction Easement City Council/COW/Committee Agenda Date: September 19, 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: G1r United City of Yorkville Memo 800 Game Farm Road En Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 SCE � Date: September 12, 2006 To: Public Works Committee/COW From: Travis Miller Subject: YMCA Pool Property Construction Easement Attached is the `Temporary Construction Easement' for the sanitary sewer line ran from the old Bruell Street pump station to the new pump station. At the time this construction occurred,the Lions Swim Club and the YMCA were in conflict over ownership of this property and an easement to construct the sewer lines was never obtained, even though this construction has occurred. As part of the negotiation for the easement,the City agreed to waive both water and sewer connection fees for up to six(6) lots on the Grantor's property. The YMCA is currently marketing the property and it will likely be subdivided and developed as residential lots in the future. Because the attached easement was never recorded it is not an official document. Staff recommends approving the attached agreement(signed by both the Lions Swim Club and the YMCA) so the connection fee waiver may be documented. R5/13/2005 14:04 ROLEWICK & 6UTZKE P.C. 16306522520 NO.324 1?03 MAY D 6 2005 STATE OF ILLINOIS } } COUNTY OF KENDALL ) GRANT OF TEMPORARY CONSTRUCTION EASENfENT_hG)2EEME`'T KNOW ALL MEAT BY THESE PRESENTS: THAT the Grantors: Yorkville Lions Scrim Club,in consideration of the sum of Ten and 00/100 Dollars($10.00) and other good and valuable consideration,the receipt of which is hereby acknowledged do hereby grant, bargain,sell and convey to the UNITED CITY OF YORKVILLE, a Municipal Corporation, its successors, and assigns, hereinafter referred to as Grantee, in consideration of the covenants to be kept and performed by the Grantee herein, a temporary construction easement to construct, maintain, and operate public utilities underground and further the right of access to said area for the maintenance and repair of said utilities if any are actually as installed in, upon, and across the tract of land described as follows, to-wit: That part of the Northeast Quarter of Section 33, Township 36 North, Range 7 East of the Third Piincipal Meridian described as follows: Commencing at the point of intersection of the centerline of McHugh Road with the south line of East Main Street, as shown on the plat of Woodworth Subdivision, in the United City of the Village of Yorkville, Kendall County,Illinois;.thence South 89°4328" East along said south line 439.94 feet; thence easterly along said south line;being along a tangential curve to the left having a radius of 1666.00 feet, for 221.14 feet to the Point of Beginning;thence continuing easterly along the last described curve 34.81 feet; thence ' southeasterly along a curve to the right having a radius of 25.00 feet which,is radial to the last described curve at the last described point. 40.04 feet; thence southerly along a curve to the right having a radius of 570.00 feet which is radial to the last described curve at the last described point, 150.0 feet; thence South 8°19'16"West, along it line which is tangent to the last described curve at the last described point, 1 10.15 feet; thence North 89 043'28"West 60.60 feet; thence'-North 8 019'16"East 118.63 feet to a point of curvature; thence northerly along a curve to the let having a radius of 5 10.00 feet for 158.48 feet to the Point of Beginning, in Bristol Township, Kendall County, Illinois. Said grant of easement is made under the additional following terms and conditions: The Grantor hereby grants the right of ingress and egress to said temporary construction casement to Grantee. The Grantee herein shall and hereby agrees to: 1, Restore the surface of said temporary easement to the condition thereof existing at the time of entry upon same, and shall leave the surface of such easement level and free of all debris,rocks in excess of two inches (2'), and gravel, and providing a covering 0,5/13/2005 14:04 ROLEWICK & GUTZKE P.C. + 16303522520 110.324 004 K � of a minimum of six inches (6") of clean, black, fertile top soil and replanting of grass whenever disturbed. 2. Replace all lot lines and property line stakes moved or disrupted in the course of performing working connection with the purpose of which the easement herein is granted. 3. Said easement shall be treated as a covenant running with the land. 4. Said easement shall be binding upon the successors,heirs, and assigns of each party hereto. 5. fir WITNESS VTlil 0F, the Grantor has hereunto set his hand and seal this day of 2005. *As further consideration, Grantee will waive sewer and water connection fees for up to six (6) lots on Grantor's adjacent property. Yorkville Lio s Sw' CIu ,Znc. by Drew: Sykes, President STATE OF ILLINOIS COUNTY OF KEND LL } Drev Sykes allege and state that die has - read the foregoing Grant of Temporary Construction$asemerxt Agreement by him sul vstribed, that he has knowledge of the facts and contents contained therein, and that the facts as alleged therein are true in substance and in fact. &4M i Yorkville ionsl SVim Club, Inc. by Drew Sy es, President Subscribed and sworn to before me, Notary bIi oFFIcIAL seAL Prepared by and return to: 4- NOTARY PUBLIC,STATE OF il�or- 0 Attorney John Justin Wyeth My ��®*tea a � 800 Game Farm Road r Yorkville, Illinois 60560 (630) 553-4350 IN TNESS WHEREOF, the Grantor has hereunto set his hand and seal this.�Fay of e e w^1 b e,- 2006. *As further consideration, Grantee will waive sewer and water connection fees for up to six (6) lots on Grantor's adjacent property. tC o alle Family YMCA by: � ncco� c ?c( STATE OF ILLINOIS ) COUNTY OF KENDALL C�\OLQCck �LQPV�\e allege and state he has read the foregoing Grant of Temporary Construction Easernint Agreement by him subscribed,that lie has knowledge of the facts and contents contained therein, and that the facts as all ed there' a true in substance and in fact. f�1cc �Z Valley Family YMCA by: a h P r cc-- m�l�e Subscribed and sworn to before me, CN\\Z. ,2006. OFF AL SEAL oEBRA A.LEE MARY AUBLIC,STATE OF ILLINO;S Notary P Prepared by and return to: Attorney John Justin Wyeth 800 Game Farm Road Yorkville,Illinois 60560 (630) 553-4350 l PW:1� 13 Cly.` Reviewed By: J2 O� I Le ❑ City Council g Finance ❑ EST 1836 Engineer ❑ City Administrator El Agenda Item Tracking Number �O Consultant ❑ PUI 0O a'I s a LE City Council Agenda Item Summary Memo Title: IDOT Request—Subordination of Surface Rights SE Corner of Route 47 & Countryside Parkwav City Council/Committee of the Whole Date: 9/19/06 Committee of the Whole Synopsis: This request from IDOT is for the city to grant IDOT primary rights with respect to surface rights on a small triangular area at the SE corner of Route 47 and Countryside Parkway. 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 the agreement. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: )o United City of Yorkville Memo 800 Game Farm Road EST. 1 !18M Yorkville, Illinois 60560 ^�- Telephone: 630-553-8545 Fax: 630-553-3436 ALE Date: August 29, 2006 To: John Crois, Interim City Administrator \ From: Joe Wywrot, City Engineer V CC: John Wyeth, City Attorney Lisa Pickering, Deputy City Clerk Subject: IDOT Request—Subordination of Surface Rights SE Corner Route 47 & Countryside Parkway Attached find a request from the Illinois Dept. of Transportation for the City to place itself in a subordinate position with respect to surface rights on a triangular piece of land at the SE corner of the Route 47 and Countryside Parkway intersection. This request is not related to IDOT's proposed Route 47 improvement project. When Club 47 was constructed in the mid-1990's, a plat of subdivision called Parkway Addition was recorded. That plat created 2 lots where Club 47 and Brenart Eye Care were eventually constructed. The plat also dedicated a 22-foot wide municipal easement along the south side of the Countryside Parkway right-of-way, extending from Route 47 to the east lot line of Club 47. When Menards came along in 2002, Countryside Parkway had to be widened east of Route 47. In order to get the highway permit to allow for that construction, IDOT required that a triangular piece of land at the SE corner of the intersection be dedicated to IDOT as public right-of-way. That was done,but apparently not in the correct way. IDOT is now requesting that the city agree to give IDOT primary rights with respect to surface improvements on that small piece of right-of-way. If the city has any utilities in the easement that might ever need to be relocated, IDOT would bear that expense. I recommend that this document be approved. Please place this on the Committee of the Whole agenda of September 19, 2006 for consideration. Illinois Department of Transportation Division of Highways / District 3 700 East Norris Drive / Ottawa, Illinois/ 61350-0697 Telephone 815/434-6131 August 23, 2006 Village Of Yorkville 111 West Fox Street, Suite 3 Yorkville, IL 60560 ATTN: Village Administrator LAND ACQUISITION FAP 326 (IL 47) Section 108 Kendall County Job No. R-93-007-98 SUBORDINATION OF SURFACE RIGHTS Dear Sir: The Illinois Department Of Transportation has accepted a Donation Of Right Of Way known as Parcel Number 3DD0013. The subject parcel is located in Section 28, Township 37 North, Range 7 East at Country Side Drive and IL 47, north of Yorkville, Illinois. This donation is in conjunction with a development permit application process. Enclosed are two (2) subordination forms, with right of way plats attached and one (1) copy of the title report indicating the Easement data. To aid in the identification of the project area, a highlighted map is included. Please have the proper signatures affixed to the original document and return it to this office for filing. If your Easement is not affected, please notify this office in writing so we can close our files. If you have any questions or require additional information, please contact Kristine Klieber at 815-434-8467 or via e-mail at Kristine.Klieber @illinois.gov. Sincerely, Gregory L. Mounts, P.E. Deputy Director of Highways Region Two Engineer S�4� A4ty� By: Steven B. Andrews, P.E. District Land Acquisition Engineer FAP 326 (IL 47) Section 108 Kendall County Job No. R-93-007-98 Page 1 Of 4 RECORDER'S USE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION SUBORDINATION OF SURFACE RIGHTS FOR PUBLIC ROAD PURPOSES KNOW ALL MEN BY THESE PRESENTS, That the Grantor, VILLAGE OF YORKVILLE, of the County of Kendall and State of Illinois, for and in consideration of the sum of ONE AND NO/100 DOLLARS ($1.00) in hand paid by the State of Illinois, acting by and through the Department of Transportation, or on its behalf, the receipt of which is hereby acknowledged, do hereby subordinate unto the People of the State of Illinois, its interest which has been acquired in, through, or by easement or easements dated and filed in the Recorder's Office of Kendall County, Illinois, as follows: PAGE 2 OF 4 JOB NO. R-93-007-98 PARCEL DATE OF DATE OF NUMBER EASEMENT RECORDING RECORDATION DATA 3DD0013 ----------------- 06/28/1996 Document No. 9606847 to the paramount right of the State of Illinois to construct, reconstruct, operate, maintain, and control access to FAP 326 (IL 47) on the following land as shown on the attached plat in Kendall County and State of Illinois. PAGE 3 OF 4 JOB NO. R-93-007-98 Any alteration, protection and/or relocation of said Grantor's facilities now or hereinafter made within or adjacent to the aforesaid described land, which is required by order of the state in connection with any exercise by the state of its right hereunder, shall be performed by the Grantor, but the Grantee shall reimburse the Grantor for the actual reasonable cost of such performance. This subordination of the Grantor's easement or easements shall be effective only as to such air and surface rights and to such distances below the surface as may reasonably be required to construct, reconstruct, operate, and maintain said highway to insure adequate and sufficient lateral and vertical support thereof, and that otherwise this subordination shall in no way affect or impair the rights of the Grantor, its successors or assigns, under and by virtue of said easement or easements, including, but not limited to, the right to construct additional facilities under, over and across said highway, provided that the construction of any future facility under, over and across said highway shall be performed in such a manner as not to interfere with or impair the use of said highway and shall conform to reasonable rules and regulations as to such construction as may be promulgated by Federal or State authorities. IN WITNESS WHEREOF, the Grantor(s) (has have) hereunto set (his her their) hand(s) and seals) this day of , VILLAGE OF YORKVILLE BY: ATTEST: PAGE 4 OF 4 JOB NO. R-93-007-98 STATE OF SS. COUNTY OF I, , a Notary Public in and for said county in the state aforesaid, do hereby certify that and personally known to me to be and respectively of VILLAGE OF YORKVILLE, A Governmental Body, and also known to me to be the persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such and , respectively, they signed, sealed, and delivered the said instrument as the free and voluntary act of said Governmental Body, for the uses and purposes therein set forth, and that they were duly authorized to execute the same by the Board of Directors of said Governmental Body. Given under my hand and notarial seal this day of A.D., NOTARY PUBLIC My Commission Expires: Return To And Prepared By State Of Illinois Department of Transportation 700 East Norris Drive Ottawa, IL 61350 "�: ': >✓ y 01/23/2006 yQ :�n Job R-93-007-98 a?Itl; r Outlot 1, faces County Kendall Section Outlot 1, faces Parcel 3DD0013 Prior Title: Castle Bank N.A. a National Banking Association, formerly known as First National Bank in De Kalb, as Trustee, under the provisions of a Trust Agreement dated the 22nd day of October, 1996 and known as Trust Number 1780 FIDELITY TITLE AND GUARANTY COMPANY OWNER FORM -Schedule A continued- Policy Number: 27106-71001700 WTG Number: I3-2001KL-995.0 LEGAL DESCRIPTION BEGINNING AT THE NORTHWEST CORNER OF LOT 1 IN PARKWAY ADDITION TO THE UNITED VILLAGE OF YORKVILLE, IN KENDALL COUNTY, ILLINOIS; THENCE SOUTH 87 DEGREES 23 MINUTES 48 SECONDS EAST ALONG THE NORTHERLY LINE OF SAID LOT , A DISTANCE OF 23.00 FEET; THENCE SOUTH 36 DEGREES 35 MINUTES 03 SECONDS WEST, A DISTANCE OF 38.55 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 1; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST ALONG SAID WESTERLY LINE,A DISTANCE OF 32.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.01 ACRE, MORE OR LESS. SITUATED IN THE COUNTY OF KENDALL AND STATED OF ILLINOIS. PERMANENT TAX NUMBER: 02-28-126-009 ISSUED BY: Wheatland Title Guaranty Company 39 Mill Street Montgomery,Illinois 60534 Agent for: Fidelity National Title Insurance Company PLAT FOR HIGHWAY CONVEYANCE sw:antnaen�ncconsmru+rs,MC. ILLINOIS ROUTE 47 YORKVILLE, ILLINOIS ` COON TR YSIDE PARKWA Y 271 16, ct n,9 rMns,mor � IY�O�smxq�R ! 1 'R CtRTFlC•TF SI•rt R WRO! ) cauxn v nrxAAU jss rl ArIL aex •- -�( a L _ 1 � xoiuer ernmeAre vol srArt a aINa15 ) oc LLI �� PDO)�)0� m ry mwn a xNOA�) N I NB3D9'l5'W x•Nx NI: ien+[Ix QTTFl[A,A qTr ruAU1RAp•TnR'c 2RTFlC•rt Ky,-Ml )NF Rc TFl•a .R. sr•rt v EaMm 1� sAa u w•ms ) )s5 COIrI1M1 Of XfINXL lLIN1T aF RBiMII Even ar AugML I ��uralnr^µc�N 4er•eww r•w 3Y A•,N NnE Ae,aw1 M/F•.iwP lamWs✓N.lN,N rriNx,nirm uw • �b N`� b✓ Aa IDOL `~N` •�•r Me! � �,er w PM G�RP.A.N R CERT _ o r ENa -Minn.Tf :,A �TM is '.•.""�.:M`.R,.°""'I.u�. "° ,.a.erN.u) ice°..+�.•-+.e.,N::..:..°',.w.,..u:..�. ...•.NR w.r•r..rN re.A,.....A..✓.. AwAM E.!•.. u.Ter,✓I.•..N:..n r—"`a�` •a Nm SEBLOCA➢9M sort a uMas ja rnur,r o awAU) r..°'.�..rr.o-.er.•w�...it l�ww".r."'rA r`i,.�A`�.•e`..:'ri..rrr..�e.�...�a rte..•••+r rte..�.w,...r....�.Pw�..u� �. YwN N AY,w••N•W N'W ow�s•w,Aww w Iblr✓ N,.n.i w R Mwe.Srn✓4P••..L wrMS e1 m M� mil••p -P 5 cnArluc sou user.e.PUe ..ujwllml INim) •f f PLAT OF DEDICA 17ON PARKWAY ADDI DON-LOT I .ArNO,Amr eeN:x•AOxs- Nne w! sNC:+e ai..N.e....,•Nr.u. .o.L ONl S BEAMRRO w n,r.•r�`e w`o-C w�:ier�r"'°��"'W NA,Nmr®su L Au aLRwxc ARC Asswm. •:NC�;.wwr�w.r.,�.N.•u..r... COUNTRY PARKWAYAL RTE 47 YORK NU& ILL INO S _ }1✓E EnSIMA wwR-Cl-•rA,SNaw KR[N M[PEP ��ro�•b `^�NM+••a•r^•`i•^,l'•✓r AEfD x R[f:00. wY r��•+ra. O,N. M i OAR NA]NOI� N2T JAI! NAnR-W-R•,MMCA,W NFREUV ARE NEREBr �'✓t+we�w+�••inul A6R NI flMrlA� AEN CiEO m lLNN4 tWMNUI,K,RMYARiAAW!NI ��,�d,b✓,n•r•ww wN RR•NN•r N A i'�AI' P�EU smsn PwPOSss .,i r..P.,..,NAa rr.,.,e•A __,_ aN RC: N. wit ssxe 1 C1Y 7 Lv/ v ✓V1. Lv.." l[it] J.JJ oIvY luvu 8A L-yTT C.UUl -APR 2002 09:30 Gold-Fax 9essag',¢_ Page 7/8 CHICAGO T'TTLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B (CONTINUED) ORDER NO. : 1401 SA2272080 LPA 0 17. EASEMENT IN FAVOR OF UNITED CITY OF THE VILLAGE OF YORKVILLE,. AMID ITS/THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, TO INSTALL, OPERATE AND MAINTAIN ALL EQUIPMENT NECESSARY FOR THE PURPOSE OF SERVING THE LAND AND OTHER PROPERTY, TOGETHER WITH THE RIGHT OF ACCESS TO SAID EQUIPMENT, AND THE PROVISIONS RELATING THERETO CONTAINED IN THE GRANT RECORDED/FILED AS DOCUMENT NO. 886754, AFFECTING A 20 FEET STRIP ADJACENT TO AND 20.0 FEET TO THE LEFT OF THE EASTERLY LINE OF ILLINOIS ROUTE NO. 47; AND AS SHOWN ON PLAT OF PARKWAY ADDITION RECORDED JUNE 28, 1996 AS DOCUMENT 9606847. P 18. SUBORDINATION OF SURFACE RIGHTS FOR PUBLIC HIGHWAY PURPOSES MADE BY THE ILLINOIS BELL TELEPHONE COMPANY TO ILLINOIS DEPARTMENT OF TRANSPORATION, IN REGARD TO EASEMENTS ALREADY GRANTED IN SAID HIGHWAY, BY INSTRUMENT RECORDED MARCH 15, 1991 AS DOCUMENT 911460, ARID THE TERMS AND CONDITIONS CONTAINED THEREIN- p 19. EASEMENT IN FAVOR OF UNNIT= CITY OF THE VILLAGE OF YORKVILLE, THE COMMONWEALTH EDISON COMPANY, AMERITECH, NORTHERN ILLINOIS GAS COMPANY, LOCAL FRANCHISE CABLE TELEVISION OPERATION, AND ITS/THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, TO. INSTALL, OPERATE AND MAINTAIN ALL EQUIPMENT NECESSARY FOR THE PURPOSE OF SERVING THE LAND AND OTHER PROPERTY, TOGETHER WITH THE RIGHT OF ACCESS TO SAID CPr�� EQUIPMENT, AND THE PROVISIONS RELATING THERETO CONTAINED IN THE PLAT RECORDED/FILED AS DOCUMENT NO. 9606847, AFFECTING THE NORTH 22 FEET AND-WEST ` 20 FEET OF THE LAND. NOTE: NO BUILDINGS OR OTHER, STRUCTURES TO BE PLACED IN SAID EASEMENT AREAS. a It 20. EASEMENT IN FAVOR OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, ITS SUccESsOns AND/On AsslcNB FOR THE rU.BZ`OSE OF A STORM IIATER MANAGEMENT EASEMENT AS SHOWN ON THE PLAT OF PARKWAY ADDITION RECORDED/FILED JUNE 28, 2996 AS DOCUMENT NO- 9000047 AFFECTING THE EAST 10 FEET AND 3OUTIi 1S FEET OF THE LAND, AND THE SOUTHEAST CORNER THEREOF, AND THE TERMS AND PROVISIONS CONTAINED THEREIN. NOTE! NOTE: NO PERMANENT BUILDINGG t-O BE PLACED IN ENID EASEMENT hREAS- 5 21. INSTRUMENT RECORDED DECEMBER 9, 1996 AS DOCUMENT 9612359, AN AGREEMENT -AMONG CO-OWNERS OF REAL ESTATE, WHEREAS ROBERT BRENART SHALL BE RESPONSIBLE FOR PAYMFJJT OF THE $78,000-00 NOTE' To BANK OF YORKVILLE (FOR FURTHER PARTICULARS, SEE RECORD, ) C/T` Reviewed By: Legal ❑ City Council Finance ❑ EST , -\ .1836 Engineer R(3�1o6 City Administrator ❑ Agenda Item Tracking Number Consultant ❑ W awd' Ifa City Council Agenda Item Summary Memo Title: Com Ed Interceptor—Easement Letter Agreement City Council/Committee of the Whole Date: 9/19/06 Committee of the Whole Synopsis: This letter agreement amends certain terms of the original 1998 easement agreement. 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 letter agreement, and authorize payment of$16,600 to Com Ed by 12/31/06. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: United City of Yorkville Memo 800 Game Farm Road EST. , 1836 Yorkville, Illinois 60560 -� Telephone: 630-553-8545 Fax: 630-553-3436 SCE �V Date: August 31, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer CC: John Wyeth, City Attorney Lisa Pickering, Deputy City Clerk Sue Mika, Finance Director Subject: Com Ed Interceptor—Easement Letter Agreement Attached find a copy of a proposed letter agreement amending certain terms of the 1998 easement agreement(also attached) for this interceptor. The major changes to the easement agreement are as follows: • Future upgrades to the sewer may be made. • The city may assign the easement to YBSD. • Easements for future sanitary sewers to serve the dead-end streets east of Mill Street have been added. Com Ed is requiring a payment of$16,600 by the city prior to the end of 2006 for these additional easements. This is not a budgeted expense. I recommend that this letter agreement be approved, and that payment to Commonwealth Edison in the amount of$16,600 prior to December 31, 2006 be authorized. Please place this item on the Committee of the Whole agenda of September 19, 2006 for consideration. i i 1 This space reserved or Recorder use only, August 24, 2006 LETTER AGREEMENT Re: 1998 Sanitary Sewer Easement-agreement for installation of Sanitary Sewer by and between Commonwealth Edison Company and City of Yorkville This Ietter shall clarify the April 9, 1998 Sanitary Sewer Easement agreement ("Agreement") located on that certain parcel of real estate as legally described on Exhibit A attached hereto, by and between Commonwealth Edison Company and the City of Yorkville in regards to issues that have arisen in regards to the terms and conditions regarding the consideration to be paid, type of facilities to be installed, and engineering plans representing the depictions of the installations. Accordingly, the parties to the Agreement hereby agree to the following clarifications: 1. Commonwealth Edison acknowledges receipt of the sum of $26,600. representing the first installment due under the Agreement. 2. Plans for the installations, from Hydraulic Avenue to IL Rte 47 were done under three separate designs prepared by Dreas and Associates, Inc, (Fox Highland development), Jacob and Hefner Associates, P.C. (Raintree Village development) and Siebert Engineers (for the Windett Ridge development) and approved by Commonwealth Edison and the United City of Yorkville. 3. The size of the sanitary sewer will range from 18" to 30" and portions of same sanitary sewer may be modified in the future. Commonwealth Edison will review any plans to enlarge portions of the sanitary sewer to a size up to 30" and not unreasonably withhold permission for such modifications. 4. Consent is hereby given by Commonwealth Edison for the United City of Yorkville to assign the sanitary sewer easement granted pursuant to the Agreement to the Yorkville Bristol-Sanitary District. 5. Commonwealth Edison acknowledges receipt of the sum of $33,400 representing the balance due in payment of the installation of the sanitary sewer. 6. The United City of Yorkville intends to put 5 stub connections to the sanitary sewer in the future at Fox Street, Washington Street, Orange Street, Olson Street and Walter Street. Upon engineering review and approval by all the appropriate Commonwealth Edison Departments, Commonwealth Edison will enter into an easement agreement with the United City of Yorkville for these facilities. Consideration for these facilities of$16,600.00 is to be paid as agreed to by the parties, but in no event later than December 31, 2006, and no further payment will be required at the time of installation, except reimbursement for any facility protection measures undertaken or facility relocation required. 7. The parties to the Agreement shall cause the Agreement attached hereto as Exhibit B and this letter clarifying such Agreement to be recorded in the Recorder of Deeds Office of Kendall County, Illinois. 1 ACKNOWLEDGED AND AGREED ACKNOWLEDGED AND AGREED to this :�S day of August, 2006. to this day of August,2006. COMMONWEALTH EDISON UNITED CITY OF YORKVILLE COMPANY By: 2, - By: Name: Craig Dixon Name: Title: Senior Real Estate Agent Title: 2 i I STATE OF ILLINOIS ) U1xT' e- ) SS. COUNTY OF� ) j ff jj I I, �orti��A �• �.ISI�� , a notary public, in and for the County and State aforesaid, DO HEREB CERTIFY that CRAIG DIXON, personally known to me to be the Senior Real Estate Agent of Commonwealth Edison Company, and personally known to me to be same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged to me that he, being thereunto duly authorized, signed and delivered said instrument as his own free and voluntary act and as the free and voluntary act of said corporation, for the use and purposes set forth therein. GIVEN under my hand and notarial seal this 20&y of August, 2006. Lai Notary Public "OFFICIAL SEAL" (SEAL) Ronald E.Dyslin Notary Public,state of Illinois [My Commission EXP.0 3/1011E3 STATE OF ILLINOIS ) SS. COUNTY OF KENDALL ) 1, , a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that personally known to me to be the Mayor of the City of Yorkville, and , personally known to me to be the City Clerk of said City, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Mayor and City Clerk, they signed and delivered the said instrument, pursuant to authority given by the City Council of said City, pursuant to a resolution or ordinance adopted by said City, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal,this day of August,2006. Notary Public (SEAL) 3 EXHIBIT A REAL ESTATE In, under and along that portion of Grantor's Parcels 1 through 7, both inclusive, of its Yorkville—Morris Right of Way(formerly known as the Fox and Illinois Union Railway R/W), as situated in the Southwest quarter of Section 33, Township 37 North, Range 7, and; the West Half of Sections 4 and 9, Township 36 North, Range 7, East of the Third Principal Meridian, (lying southerly of Van Emmon Street and northerly of Illinois Route 47) Kendall County, Illinois. PIN Number: Address: I I i I� B-1 EXHIBIT B AGREEMENT i 3 THIS INSTRUMENT WAS PREPARED BY AND AFTER RECORDING PLEASE RETURN TO: Bruce D. Loring,Esq. Holland&Knight LLP 131 South Dearborn Street 30ffi Floor Chicago, Illinois 60603 #31205170 B-1 FOR RECORDER'S PURPOSES ONLY SANITARY SEWER EASEMENT THIS ON-EXCLUSIVE SANITARY SEWER EASEMENT is made, entered and granted on this Zh day of 1998, by and between COMMONWEALTH EDISON COMPANY, an ' ois corporation ("Grantor' , and CITY OF YORKVILLE, an Illinois municipal corporation ("Grantee"). WITNESSETH WHEREAS, Grantor is the owner of a parcel of land in the City of Yorkville, County of Kendall and State of Illinois, described in Exhibit "A" attached hereto and made a part hereof ("Grantor's Property'; and WHEREAS, Grantee has requested that Grantor grant to Grantee a non-exclusive easement to construct and operate certain facilities on Grantor's Property; and WHEREAS, Grantor utilizes Grantor's Property for Grantor's own business operations, which operations, for purposes hereof, shall include without limitation the construction, reconstruction, maintenance, repair, upgrade, expansion, addition, renewal, replacement, relocation, removal,use and operation of Grantor's equipment and facilities, whether now existing or hereafter to be installed,in, at, over,under, along or across Grantor's Property (collectively, "Grantor's Operations'; and WHEREAS, Grantor has agreed to grant, and Grantee has agreed to accept, the easement described hereinbelow, subject to the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of the payments, covenants, terms and conditions to be made, performed, kept and observed by Grantee hereunder, Grantor hereby grants unto Grantee, without warranty of title, a non-exclusive center line easement for the purpose of installing, operating, maintaining, replacing, and removing one (1) 18-inch diameter sanitary sewer together with twenty- four (24) manholes along and within Grantor's Property's between Van Emmon Street southerly to Illinois Route 47, (hereinafter collectively referred to as "Grantee's Facility"), and for no other use or purpose whatsoever, in,under and along that portion of Grantor's Property. The easement premises shall be a strip of land (the "Easement Premises") eighteen (18) inches in width. The Easement Premises is located and lying nine (9) inches along either side of a center line ("Center Line") of Grantee's Facility, together with such additional space that may be required for the physical occupation of the manholes and Lift Station facilities, as shown and located on sheets 1, 3 through 11, 20 and 21 of 25 of Leonard Dreas & Associates plans dated March 20, 1998, and Lift Station Area Detail Plat, all marked Exhibit "B", attached hereto and made a part hereof. This grant of easement ("Easement") is made subject to Grantee's full and faithful performance and observance of the following covenants, terms and conditions: 1. Grantee's Use. The following general conditions shall apply to Grantee's use of the Easement Premises: a. Grantee understands and agrees that the easement herein granted is a Center Line Easement for Grantee's Facility only, as installed in Grantor's Property and it is not the intent of Grantor to grant or convey an easement of any specific width as may be depicited on the Exhibits "B". In connection with the construction of Grantee's Facilities, Grantor hereby grants permission to Grantee for such non-exclusive temporary ingress and egress by Grantee over a strip of land fifty (50) feet in width and located ten (10)) feet on the near side of Grantee's Facilities to Grantor's Property Line and forty (40) feet on the far side of Grantee's Facilities to Grantor's Property Line as measured along either side of the Center Line of Grantee's Facilitites and as depicted in the Exhibits "B" hereto, ("Access Area") as may be reasonably required by Grantee for the construction, maintenance, repair, replacement and removal of Grantee's Facility, which temporary ingress and egress by Grantee shall be subject and subordinate in all respects to Grantor's Operations and existing rights of third parties in Grantor's Property and limited to such temporary access routes over the Access Area as Grantor in its sole discretion may designate from time to time. b. Grantee shall procure and maintain at its own expense, prior to entry upon Grantor's Property hereunder, all licenses, consents, permits, authorizations and other approvals required from any federal, state or local governmental authority in connection with the construction, placement, use and operation of Grantee's Facility, and Grantee shall strictly observe all laws, rules, statutes and regulations of any governmental authorities having jurisdiction over the Easement Premises or Grantee's operations thereon. Grantor may from time to time request evidence that all such approvals have been obtained by Grantee and are in full force and effect. In no event shall Grantee seek any governmental approvals that may affect in any way Grantor's Operations, including without limitation any zoning approvals, without in each instance obtaining Grantor's prior written consent, which consent may be granted or withheld in Grantor's sole discretion. C. In the event any aspect of Grantee's construction, placement, maintenance, repair, use or operation of Grantee's Facility at any time violates or is forbidden by any law, statute, rule, regulation, order or requirement of any governmental authority, Grantee shall immediately discontinue such operations and at its own expense take all required corrective action, including without limitation removal of all or,any portion of Grantee's Facility from 2 Grantor's Property if required, within the lesser of(i) thirty (30) days from Grantee's notice of such violation or (ii) the period of time required by law for the correction of such violation. d. Grantee's use of the Easement Premises shall be conducted in a manner that does not conflict or interfere with Grantor's Operations. e. This Easement and the rights granted hereunder are subject and subordinate in all respects to all matters and conditions of record affecting the Easement Premises. f. Grantee's obligations and liabilities to Grantor under this Agreement with respect to Grantee's Facility and all other matters shall not be limited or in any manner impaired by any agreements entered into by and between Grantee and any third parties, including without limitation any agreements related to the construction or installation of Grantee's Facility, and Grantee shall be and remain liable to Grantor for the installation and operation of Grantee's Facility in accordance with the terms and conditions of this Agreement, notwithstanding Grantee's failure or refusal to accept delivery of or title to such facilities from any such third parties. g. Without limiting the generality of the foregoing,this Easement and the rights granted hereunder are subject and subordinate in all respects to the existing and future rights of Grantor and its existing lessees, licensees and grantees, existing roads and highways,the rights of all existing utilities, all existing railroad rights-of-way, water courses and drainage rights that may be present in Grantor's Property; including, but not limited to those prior rights as previously granted by Grantor to Ameritech and to other users of record as located in, along or across Grantor's Property. If required, Grantee shall secure the engineering consent of such prior grantees as a prerequisite to exercising its rights hereunder and provide Grantor with a copy of the same. h. Grantor hereby consents, insofar as it has the right so to do,to that portion of Grantee's Facilities that will be located and installed in that portion of Grantor's Property, as shown on Exhibit "B"hereto, between the right of way of the Burlington Northern Railroad southerly to Van Emmon Street,which consent is subject toand predicated on Grantee first securing the appropriate permission from the underlying fee-title owner. 2. Term. The term of this Easement shall be in perpetuity,pursuant to the terms, conditions and covenants of this Agreement, and shall commence as of the date first hereinabove written. 3. Fee. In partial consideration of this Easement, Grantee shall pay to Grantor the sum of SIXTY THOUSAND AND NO 1100 ($60,000.00) DOLLARS,which amount shall be paid in Two (2) Installments; the First Installment of$26,600.00 shall be due and payable in full to Grantor upon Grantee's execution of this Sanitary Sewer Easement; and the Second Installment of$33,400.00 shall be paidin full to Grantor on or before the fourth anniversary date of this Sanitary Sewer Easement or Ninty (90) days prior to Grantee's start of construction of the last phase or section of Grantee's Facilities that are to be installed in Grantor's Property, whichever event occurs first. Grantee agrees that the foregoing amount of$60,000.00 represents the fee due Grantor for its granting of the Easement Premise, and said amount does not include reimbursements and other payments and charges due Grantor in accordance with the terms and conditions of this Easement. 3 4. Rights Reserved to Grantor. a. Grantor hereby reserves the right at all times to use the surface and subsurface of the Easement Premises for Grantor's Operations in such manner as Grantor deems necessary or appropriate. Grantor's use of Grantor's Property, including the Easement Premises, at all times to gain access to any of Grantor's equipment and facilities thereon shall be paramount to the rights granted to Grantee hereunder and Grantee shall make such access available to Grantor at all times. b. Grantor reserves the right to grant additional access, utility and other leases, licenses, easements and rights hereafter to third parties through, under, over and across all or any portion of Grantor's Property, including the Easement Premises. 5. Relocation and Restoration of Easement Premises. The following terms and conditions shall govern the rights and obligations of the parties with respect to relocation and _ restoration of the Easement Premises: a. In the event any alteration, expansion,upgrade, relocation or other change in Grantor's Operations interferes or conflicts with Grantee's use of the Easement Premises hereunder, Grantor shall notify Grantee in writing of such proposed change and the conflict posed by this Easement or the presence of Grantee's Facility on the Easement Premises. Such notice shall contain Grantor's estimate of the additional costs Grantor will incur if the proposed change in Grantor's Operations must be altered to avoid or minimize any conflict or interference with Grantee's use of the Easement Premises. Within ten (10) days after receipt of such notice, Grantee shall notify Grantor in writing of its election to (i) make such changes in Grantee's Facility, at Grantee's cost, as in the judgment of Grantor may be required to avoid or minimize any conflict or interference with the proposed change in Grantor's Operations, including without limitation the relocation of Grantee's Facility to another location on Grantor's Property designated by Grantor, or (ii) reimburse Grantor for all additional costs incurred by Grantor in altering the proposed change in Grantor's Operations to avoid or minimize such conflict or interference. In the event Grantee fails to notify Grantor in writing of such election within such ten (10) day period, Grantee shall be conclusively deemed to have elected to reimburse Grantor for its additional costs as provided in clause (ii) hereinabove. In the event Grantee elects to make all changes to Grantee's Facility, including relocation to another location designated by Grantor, required to avoid conflict with the proposed change in Grantor's Operations, Grantee, at its sole cost and in accordance with all applicable terms and conditions of this Agreement, shall promptly take all steps necessary to complete such changes and relocation within a reasonable time but in no event later than sixty (60) days after the date of such election. In the event Grantee elects to reimburse Grantor for the additional costs to be incurred by Grantor, Grantee shall make such payment within thirty (30) days after Grantor's demand therefor. b. Grantee agrees that, within thirty (30) days after the expiration or termination of this Easement for any reason, Grantee shall, at its cost, remove all of Grantee's Facility from Grantor's Property and restore and repair Grantor's Property to the condition existing prior 4 to the installation of Grantee's Facility. In the event Grantee fails to so remove its Facilities and restore and repair Grantor's Property, Grantor may elect to do so at Grantee's cost and expense, and, in such event, Grantor may dispose of Grantee's Facility without any duty to account to Grantee therefor. Grantee shall pay all costs and expenses incurred by Grantor in removing Grantee's Facility, including any storage costs, and any costs incurred by Grantor in restoring and repairing Grantor's Property. Any facilities and equipment that Grantee fails to remove from Grantor's Property within thirty (30) days after the expiration or termination of this Easement shall be conclusively deemed to have been abandoned by Grantee and shall become the sole property of Grantor,without liability or obligation to account to Grantee therefor. 6. Condition of Grantor's Property. Grantor has made no representations or warranties of any kind or nature whatsoever, whether written or oral, concerning the suitability of Grantor's Property or the Easement Premises for the placement of Grantee's Facility thereon or Grantee's use of the Easement Premises for the purposes contemplated herein. In entering into this Agreement, Grantee has relied solely upon such independent investigations of the condition of Grantor's Property as Grantee has deemed necessary or appropriate in its discretion, and Grantee has not relied upon any statements, representations or agreements of Grantor regarding the conditions of Grantor's Property. This Easement is granted over the Easement Premises in its AS-IS, WHERE-IS CONDITION, WITH ALL FAULTS, and Grantor has not agreed to undertake any improvements or other work to make Grantor's Property or the Easement Premises suitable for Grantee's intended use, except as may be otherwise expressly provided herein. 7. Conditions Governing Construction Repair Maintenance and Other Work. a. All work performed by Grantee pursuant to this Agreement, including without limitation all work related to the installation, alteration,maintenance (excluding only routine maintenance), repair, relocation, replacement or removal of Grantee's Facility, shall be performed in accordance with plans and specifications approved in writing by Grantor prior to the commencement of such work. Grantor shall review and approve any amendments, additions or other changes to such approved plans and specifications,prior to the performance of any work identified therein. Upon completion of such work, Grantee shall furnish to Grantor"as-built"drawings accurately showing the installed locations of all of Grantee's Facility. b. Prior to the performance of any work, Grantee shall (i) obtain all applicable permits, approvals and authorizations required from any federal, state or local governmental authority and furnish Grantor with satisfactory evidence that all such approvals have been obtained and (ii) furnish Grantor with certificates of insurance for each contractor and subcontractor evidencing such contractor's or subcontractor's compliance with the requirements of Section 10 hereof. C. Except for emergency repairs affecting the health and safety of the public, Grantee shall provide Grantor with not less than thirty (30) days'advance notice of any work (including routine maintenance) so that Grantor may take such protective actions as Grantor deems necessary to ensure the safety and reliability of Grantor's facilities in the area of Grantee's proposed work. Grantee shall postpone the commencement of its work until such 5 time as Grantor has completed any and all such protective work. Any cost and expense of such protective work shall be borne by Grantee and paid by Grantee within thirty (30) days after receipt of a bill therefor. Grantor may elect, on a case-by-case basis, to have all of Grantee's work performed in the presence of a representative of Grantor and in a manner satisfactory to such representative. d. If Grantee performs any grading, leveling, digging or excavation work on Grantor's Property, Grantee will notify JULIE at telephone number (800) 892-0123 at least seventy-two (72) hours prior to the commencement of such work in order to locate all existing utility lines that may be present on Grantor's Property. If Grantee damages any such underground facilities in the course of its work, Grantee will promptly reimburse Grantor or the owner of such equipment or facilities for any and all expense incurred in repairing or replacing such damage. e. Except for emergency repairs that are affecting the health and safety of the public, which emergency repairs should be called in within the first 8-hours of entering Grantor's Property and confirmed by Grantor, Grantee shall notify Grantor's Regional Right of Way Agent in Joliet,Illinois,telephone number (815) 724-5703, at least forty-eight (48) hours in advance of entering Grantor's Property for the performance of any work (including routine maintenance). The timing and scheduling of such work shall be subject to Grantor's prior approval. In the event Grantee is required to perform any emergency repair work affecting the health and safety of the public, Grantee shall notify Grantor in writing of such repair work within forty-eight (48) hours after the performance of such repairs. f. Grantor may withhold its approval to the performance of any work hereunder whenever any of the following conditions exist: (i) Grantee is in default under this Agreement, (ii) the performance of such work and the use and occupancy of Grantor's Property contemplated by such work in Grantor's judgment will interfere with Grantor's Operations or any other then existing uses of Grantor's Property, or (iii) Grantor and Grantee have failed to enter into such supplemental agreements as Grantor deems necessary or advisable regarding the performance of such work. Grantor retains the right to suspend or stop all such work if in Grantor's sole judgment the ongoing performance of such work endangers Grantor's facilities or threatens to interfere with Grantor's Operations and Grantor shall incur no liability for any additional cost or expense incurred by Grantee or any third parties in connection with such work stoppage. g. All work shall be performed in a good and workmanlike manner and in accordance with all applicable laws, statutes, building codes and regulations of applicable governmental authorities. Without limiting the generality of the foregoing, Grantee shall cause all work and the placement of Grantee's Facility to meet the applicable requirements of 83 M.Admin. Code Part 305, as amended from time to time, and shall cause all workers performing any work on behalf of Grantee, its contractors and subcontractors, to be equipped for;and conform to OSHA safety regulations. Upon completion of the work, Grantee shall (i) provide waivers of lien from each contractor and such other evidence of lien-free completion of the work as Landlord may require and (ii) restore all adjacent and other affected areas of Grantor's Property to their original condition preceding the commencement of such work. 6 h. Grantee shall promptly notify Grantor of any damage caused to Grantor's facilities arising out of or related to the performance of such work, including without limitation damage to crops, fences,pasture land or livestock, and Grantee will reimburse Grantor on demand for the cost of any such repairs and other expenses incurred by Grantor as a result of such damage. The formula described in Section 13.b shall be used to determine the amount due Grantor as reimbursement for the cost of such repairs. Under no circumstances shall any blasting be undertaken on Grantor's Property nor shall any vehicles or equipment be brought or assembled on Grantor's Property having a height greater than fourteen (14) feet above grade. i. There shall be no impairment of any natural or installed drainage facilities occasioned by any work related to Grantee's Facility and Grantee at its cost shall repair and replace all drainage tiles damaged or destroyed during the performance of such work. Grantee will identify the installed location of Grantee's Facility within Grantor's Property and including the locations of all field tiles by preparing and providing, at its sole cost and expense, an "as-built"suervey and delivering four(4)) copies of the same to Grantor within sixty (60) days after completion of construction of Grantee's Facility in Grantor's Property. j. The following additional specific requirements shall apply to the performance of such work: (i) Grantee agrees that Grantee's Facility will be installed in strict conformity with the plans attached hereto as Exhibits "B". (ii) Should any proposed changes to Grantee's Facility be required, either before, during or after installation, Grantee, or its successor, shall first submit such changes to Grantor, in the form of revised plans for Grantor's review and approval. (iii) Grantee shall install suitable markers acceptable to Grantor at all points where Grantee's Facility enter or leave Grantor's Property, at all road or street crossings, at all rail crossings and at all locations where Grantee's Facility change direction in Grantor's Property. (iv) Where applicable, when Grantee's Facility is crossing under Grantor's fiber optic cable (TBON), Grantor may require that split plastic duct shall be installed and secured around Grantor's underground fiber optic cables in order to protect the fiber optic cable from any damage during any backfilling operation. (v) Grantee agrees,upon completion of the installation of Grantee's Facility, Grantee will replace all backfilling material in a neat, clean and workmanlike manner,with the topsoil on the surface of Grantor's Property,together with the removal of all excess soils, including any rocks, debris or unsuitable fill from Grantor's Property that has been 7 displaced by the placement of Grantee's Facility. At Grantor's sole election, Grantor may permit Grantee to evenly spread any portion of the remaining topsoil over Grantee's Facility' alignment in Grantor's Property so long as the change in grade in Grantor's Property does not result in a grade change of greater than 6-inches from the pre-existing grade of Grantor's Property prior to the installation of Grantee's Facility. (vi) Grantee agrees that all of Grantor's Property as affected by the construction of Grantee's Facility shall be leveled, dressed and the area re-seeded using grass over and along Grantee's entire construction project site, except for those areas that are either tenant occupied for agricultural purposes and/or those areas that involve in wetland construction,where governmental wetland restoration requirements shall take precedence. Grantee shall manage the re-seeding process until a firm grass growth has been established on Grantor's Property. Grantee agrees to leave Grantor's Property in a neat, clean and orderly condition and to the satisfaction of Grantor; including, but not limited to,the re- seeding of Grantor's Property as required. 8. Covenants of Grantee. Grantee hereby covenants and agrees as follows: a. Grantee shall obtain and maintain all rights, licenses, consents and approvals required from any governmental authorities or third parties with respect to the installation, use or operation of Grantee's Facility on Grantor's Property and, at Grantor's request, Grantee shall provide Grantor with evidence thereof. Grantee shall cause Grantee's Facility to be maintained at all times in good repair and in accordance with all requirements of applicable law, and Grantee shall not permit any nuisances or other unsafe or hazardous conditions to exist in, on or under Grantor's Property in connection with Grantee's Facility or Grantee's use or occupancy of Grantor's Property. In the event Grantee fails to fully and faithfully perform all such repair and maintenance obligations, Grantor shall have right (but not the obligation) after thirty (3 0) days'written notice to Grantee, to cause such repairs and maintenance to be performed and charge the cost thereof to Grantor. In the event Grantor elects to perform such repair and maintenance, the amount due Grantor from Grantee as reimbursement shall be determined using the formula described in Section 13.b hereof. b. Grantee shall install Grantee's Facility and use and occupy the Easement Premises in a manner that avoids any interference with Grantor's Operations. Within ten (10) days after Grantor's demand therefor, Grantee shall reimburse Grantor for all costs incurred by Grantor as a result of injury or damage to persons, property or business, including without limitation the cost of repairing any damage to Grantor's equipment-or facilities or costs arising from electrical outages, caused by the use and occupancy of the Easement Premises by Grantee, its representatives, employees, agents, contractors, subcontractors and invitees. C. Grantee will not cause or permit any mechanic's lien or claim for lien to be asserted against the Easement Premises or any other real estate owned by Grantor or any improvements thereon, which lien or claim for lien arises out of any contract or agreement for work to be performed by or on behalf of Grantee in connection with this Easement or any of 8 the rights granted to Grantee hereunder. In the event any such lien or claim for lien is filed, Grantee will promptly pay the same. Grantee hereby indemnifies and agrees to defend and hold harmless Grantor from and against any and all liens or claims for lien arising out of or in any way connected with Grantee's use and occupancy of the Easement Premises. d. Grantee shall pay to Grantor, within thirty (30) days after Grantor's demand therefor, any and all real property taxes and assessments levied against Grantor's Property during the term hereof that are attributable to Grantee's Facility or Grantee's use and occupancy of the Easement Premises. Grantee shall be responsible for the cost of any and all corrective actions required to address any impairment of surface water drainage conditions affecting Grantor's Property or adjacent properties as a result of Grantee's use and occupancy of the Easement Premises. e. Within thirty (30) days after the date Grantee no longer requires the use of Grantee's Facility, Grantee shall provide Grantor with written notice thereof and subject to Grantor's sole approval, Grantor may: i) require that Grantee, at its sole cost and expense, remove Grantee's Facility within thirty (30) days from Grantor's Property or ii) convey all or any portion of Grantee's Facility to Grantor pursuant to a bill of sale for one ($1.00) dollar or iii) permit the abandonement of Grantee's Facility in an approved method, at which time the Easement shall ceases and terminate. Not withstanding the foregoing the Easement shall terminate without the necessity of notice in the event Grantee ceases to use Grantee's Facility for any consecutive twleve (12) month period. 9. Hold Harmless. a. Grantee agrees to indemnify, defend and hold harmless Unicorn. Corporation, an Illinois corporation (Grantor's parent corporation), Grantor, and their respective employees, officers, directors, agents, subsidiaries, affiliates,legal representatives, successors and assigns, from and against any and all claims, actions, proceedings,judgments, damages (including consequential damages),liens, fines, costs,liabilities, injuries, losses, costs and expenses (including but not limited to attorneys'fees and costs and loss of electrical service) arising from or related to Grantee's use and occupancy of the Easement Premises or any portion of Grantor's Property, or any work performed hereunder by Grantee, its employees, agents, contractors or subcontractors, or anyone claiming by through or under any of them, or any breach of this Agreement, except to the extent that any such claim, action,proceeding, judgment, damage, lien, fine, cost, liability, injury, loss, cost and expense is attributable solely to the gross negligence or willful misconduct of Grantor, its employees, agents or contractors. This indemnification shall include, but not be limited to, claims made under any workman's compensation law or under any plan for employee's disability and death benefits (including without limitation claims and demands that may be asserted by employees, agents, contractors and subcontractors). The foregoing indemnity shall survive the termination of this Agreement. b. To the maximum extent permitted by applicable law, Grantee hereby waives any and all claims against Unicom Corporation, an Illinois corporation (Grantor's parent corporation), Grantor, and their respective employees, officers, directors, agents, subsidiaries, affiliates, successors and assigns (collectively,the "Grantor Group',which Grantee or any 9 person or entity claiming by, through or under Grantee may now or at any time in the future have for injury or damage to persons, property or business sustained in or about the Easement Premises or any other portion of Grantor's Property, including without limitation claims arising from any conditions existing on Grantor's Property or any acts or omissions of any of the Grantor Group. Grantor shall not be liable to Grantee for any injury, loss or damage to persons, property or business sustained by Grantee, its representatives, employees, agents, contractors or invitees in connection with this Easement or the rights granted to Grantee hereunder, unless such loss or damage results from Grantor's gross negligence or willful misconduct. In no event shall Grantor be liable for any such injury, loss or damage resulting from any acts or omissions of any third party occupants of the Easement Premises or any other portion of Grantor's Property or the public. 10. Insurance. a. Grantee shall cause each contractor and subcontractor performing any work on behalf of Grantee pursuant to this Agreement to purchase and maintain (or Grantee at its own cost shall purchase and maintain on behalf of each such contractor or subcontractor), prior to commencing any work on Grantor's Property, the following insurance coverages: _ (i) Workers' Compensation Insurance Policy: Coverage A-providing payment promptly when due of all compensation and other benefits required of the insured by the workers' compensation law; Coverage B -Employers' Liability:providing payment on behalf of the insured with limits not less than $1,000,000 each accident/occurrence for all sums which the insured shall become legally obligated to pay as damages because of bodily injury by accident or disease, including death at any time resulting therefrom. Coverage A and Coverage B will cover all contractors, subcontractors, and their subcontractors; (ii) Comprehensive General Liability Policy or Policies covering all contractors, subcontractors and all their subcontractors with limits not less than the combined single limit of$5,000,000 for bodily injuries to or death of one or more persons and/or property damage sustained by one or more organizations as a result of any one occurrence, which policy or policies shall not exclude property of Grantor. Commonwealth Edison Company, as Grantor, shall be added as Additional Insured under endorsement GL 2010 or CG 2010. Bodily injury means bodily injury, sickness, or disease sustained by any person which occurs during the policy period, including death, at any time resulting therefrom. Property damage means (1) physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting therefrom, or (2) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period; and 10 O (iii) Automobile Liability in the amount of not less than $2,000.000 per occurrence combined single limit covering all owned, leased, rented and non-owned vehicles. There shall be furnished to Grantor, prior to commencing the work of installing, repairing, replacing or removing Grantee's Facility, a certified copy of each policy of insurance or a Certificate of Insurance evidencing the coverages specified in subsections (i), (ii) and (iii) of this Section. Insurance coverage as required herein in subsections (i) (ii), and(iii) shall be kept in force until all work has been completed. Declarations in each of said policies shall identify the work as being done by and for others on property owned by Grantor and there shall be no exclusions in any of said policies not approved by Grantor. Grantor hereby reserves the right to amend, correct and change, from time to time, the limits, coverage and form of policy as may be required from Grantee's contractor or contractors before entering Grantor's Property to perform any work thereon. b. All insurance policies required by this Section 10 shall be issued by good and reputable companies having a Best's Rating of A/XU or better and shall provide thirty (30) days prior written notice of any substantial change in the coverage, cancellation or non- renewal. Any policies of insurance maintained by Grantee, its contractors or subcontractors, shall be primary without right of contribution or offset from any policy of insurance or program of self-insurance maintained by Grantor. Grantee agrees and shall require each of its contractors and subcontractors to agree that they shall each arrange for the issuers of all policies of insurance required hereunder to waive their rights of subrogation against Grantor, its directors, officers, employees and agents. Grantee shall furnish Grantor with certificates of insurance evidencing Grantee's compliance with the requirements of this Section 10. 11. Environmental Protection. a. Grantee shall conduct its operations on Grantor's Property, cause all work performed by or on behalf of Grantee hereunder to be performed, and otherwise use and occupy the Easement Premises in strict compliance with all applicable Environmental Laws. Grantee shall not cause or permit.any underground storage tanks to exist or any Hazardous Materials to be introduced or handled on Grantor's Property as a result of or in connection with Grantor's use and occupancy of the Easement Premises. Grantee shall defend, indemnify and hold harmless Unicom Corporation, an Illinois corporation (Grantor's parent corporation), Grantor, and their respective employees, officers, directors, agents, subsidiaries, affiliates, legal representatives, successors and assigns, from and against from and against any claims, actions, proceedings,judgments, damages (including consequential damages), liens, fines, costs, liabilities, injuries, losses, costs and expenses , including but not limited to attorneys' and consultants'fees and costs,whether asserted under Environmental Laws or at common law, arising out of or related to (i) any breach by Grantee-of the environmental covenants set forth above or (ii) any violation of any Environmental Laws or the presence, release or threatened release of any Hazardous Materials at, on or beneath Grantor's Property as a result of or in connection with any act or omission of Grantee,its agents, employees, contractors, or any entity in privity with or providing a benefit to Grantee. As used in this section, the term"Environmental Laws"shall mean all federal, state and local statutes, regulations or ordinances relating to the protection of health, safety or the environment including, without limitation, the Clean Air Act,the Water Pollution Control Act, the 11 Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Toxic Substances Control Act, all statutes, rules and regulations applicable to wetlands of any federal, state, county or local regulatory agency, and all similar state and local laws now or hereinafter enacted or amended. "Hazardous Materials" shall mean any waste,pollutant,toxic substance or hazardous substance, contaminant or material regulated by any Environmental Law including, without limitation,petroleum or petroleum-based substances or wastes, asbestos and polychlorinated biphenyls. The foregoing covenants and indemnification obligations shall survive any termination of this Grant of Easement. b. Without limiting the generality of the foregoing,prior to commencing any work on Grantor's Property, Grantee at is sole cost shall (i) secure and provide Grantor with copes of any wetland permits required from any federal state or local regulatory agencies and (ii) if applicable, identify the erosion control methods or any other method provided by the Federal Clean Water Act to prevent construction material or debris from filling any wetland area. If any construction material or debris should fill any wetland areas, Grantee at its sole cost shall cause the same to be removed and the area restored to its original condition to the extent required by applicable law or reasonably required by Grantor. Grantee at its sole cost shall monitor, maintain, and restore any wetland areas affected by its use and occupancy on Grantor's Property for the time specified in any and all permits, licenses or other approvals obtained by Grantee hereunder. C. If, during the term of this Agreement, Grantee becomes aware of any violation of Environmental Laws or of the presence of any Hazardous Materials or threatened presence of Hazardous Materials in, on, over or under the soil, groundwater or other areas of Grantor's Property resulting from or connected with Grantee's use and occupancy of Grantor's Property, Grantee shall promptly notify Grantor in writing of such conditions and shall immediately secure the affected area in a manner required to protect public health and safety. d. Grantee shall manage any excavated soils in which Hazardous Materials are encountered in accordance with all applicable Environmental Laws, and,if permitted by such laws,shall restore the excavated work area to the condition existing before such Hazardous Materials were encountered. If, under applicable Environmental Laws,the excavated soils cannot be returned to the excavated work area, Grantee shall remove and dispose of the excavated contaminated soil at no cost to Grantor in the manner required by applicable Environmental Law, but in no event shall such contaminated soil be redeposited on Grantor's Property. 12. Defaults. The occurrence of any of the following shall constitute an event of default ("Event of Default') under this Agreement: a. Grantee's failure to pay when due any amount payable by Grantee hereunder and the continuation of such default for a period of ten (10) days after notice thereof from Grantor; or b. Grantee's failure to perform or observe any other covenant, term or condition to be performed or observed by Grantee hereunder, and the continuation of such default for a period of thirty (30) days after notice thereof from Grantor; provided, however, that if such default cannot be cured within thirty (30) days and Grantee has undertaken diligent efforts 12 within such thirty (30) day period to effect a cure, then the cure period shall be extended for such additional time, not to exceed an additional sixty (60) days, as may be required by Grantee through the exercise of continuous, diligent efforts to complete all required corrective action; or C. Any representation or warranty of Grantee hereunder proves to be false or misleading in any material respect when made; or d. Grantee's failure to maintain or cause its contractors or subcontractors to maintain the insurance coverages required under Section 10 hereof or Grantee's failure to furnish Grantor with evidence of such insurance as required by said Section; or e. Grantee's failure to operate or maintain Grantee's Facility for a period of twelve (12) consecutive months. 13. Remedies. Upon the occurrence of an Event of Default, Grantor may exercise any one or more of the following remedies: a. terminate this Easement and all rights and privileges of Grantee under this Agreement by written notice to Grantee; or b. take any and all corrective actions Grantor deems necessary or appropriate to cure such default and charge the cost thereof to Grantee,together with (i) interest thereon at the Corporate Base Rate then published by The First National Bank of Chicago (or at the prune rate then published by any other money center bank located in Chicago) and (u) an administrative charge in an amount equal to twenty percent (20%) of the cost of the corrective action to defray part of the administrative expense incurred by Grantor in administering such cure, such payment to be made by Grantee upon Grantor's presentment of demand therefor; or C. any other remedy available at law or in equity to Grantor, including without limitation specific performance of Grantee's obligations hereunder. Grantee shall be liable for and shall reimburse Grantor upon demand for all reasonable attorney's fees and costs incurred by Grantor in enforcing Grantee's obligations under this Agreement, whether or not Grantor files legal proceedings in connection therewith. No delay or omission of Grantor to exercise any right or power arising from any default shall impair any such right or power or be construed to be a waiver of any such default or any acquiescence therein. No waiver of any breach of any of the covenants of this Agreement shall be construed,taken or held to be a waiver of any other breach, or as a waiver, acquiescence in or consent to any further or succeeding breach of the same covenant. The acceptance of payment by Grantor of any of the fees or charges set forth in this Agreement shall not constitute a waiver of any breach or violation of the terms or conditions of this Agreement. 14. F Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if delivered in person or by messenger or sent by U.S. certified mail, return receipt requested, or by a nationally-recognized overnight courier to the parties at the following addresses (or such substitute addresses as may be provided by either party in the manner described herein): 13 If to Grantor: Land Management Administrator Real Estate Department Commonwealth Edison Company P.O. Box 767 Chicago, Illinois, 60690 If to Grantee: City Administrator City of Yorkville 111 West Fox, Suite 3 Yorkville, Illinois 60560 Such notices shall be deemed effective when personally delivered, if delivered in person or by _ messenger, three (3) days following deposit in U.S. mail, if delivered by certified mail, or one day following deposit with a nationally-recognized overnight courier. 15. Miscellaneous. a. Grantee's obligations under Sections 8, 9, 11 and 13 hereof shall survive the expiration or termination of this Easement and Grantee's rights and privileges under this Agreement. b. This Agreement and the rights and obligations of the parties hereto shall be binding upon and inure to the benefit of the parties and their respective successors, personal representatives and assigns; provided, however,that Grantee shall have no right to assign all or any portion of its right, title, interest or obligation in this Easement or under this Agreement without the prior written consent of Grantor, which consent may be granted or withheld by Grantor in its sole and exclusive discretion. Any attempt by Grantee to assign all or any portion of its interest hereunder without Grantor's prior written approval shall be void and of no force and effect. The terms "Grantor"and"Grantee"as used herein are intended to include the parties and their respective legal representatives, successors and assigns (as to Grantee such assigns being limited to its permitted assigns). C. Upon any transfer or conveyance of the Easement Premises by Grantor, the transferor shall be released from any liability under this Agreement;and the transferee shall be bound by and deemed to have assumed the obligations of Grantor arising after the date of such transfer or conveyance. d. This Agreement constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements related thereto. There are no representations or understandings of any kind related to the subject matter hereof that are 14 not fully set forth herein. Any amendments to this Agreement must be in writing and executed by Grantor and Grantee. Grantee agrees to cooperate with Grantor in executing any additional documents reasonably necessary to protect Grantor's rights under this Agreement. e. This Agreement shall be construed in accordance with the laws of the State of Illinois. Time is of the essence of this Agreement. f. In the event that any governmental or regulatory body or any court of competent jurisdiction determines that any covenant,term or condition of this Agreement as applied to any particular facts or circumstances is wholly or partially invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect such covenant, term or condition as applied to other facts or circumstances (unless the effect of such determination precludes the application of such covenant,term or condition to other facts or circumstances) or the validity, legality or enforceability of the other covenants, terms and conditions of this Agreement. In the event any provision of this Agreement is held to be invalid,illegal or unenforceable,the parties shall promptly and in good faith negotiate new provisions in substitution therefor to restore this Agreement to its original intent and effect. g. No receipt of money by Grantor from Grantee, after the expiration or termination of this Agreement shall renew, reinstate, continue or extend the term of this Agreement. h. By signing this Agreement, Grantee affirms and states that it does not have any affiliated interest in Commonwealth Edison Company. Nothing in this Agreement shall be construed as making the parties hereto partners, agents,joint ventures, members of a joint enterprise. i. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same Agreement. j. This Agreement shall be executed for and on behalf of Grantee pursuant to a resolution or ordinance adopted by its Mayor and City Council.Concurrently with its execution and delivery of this Agreement, Grantee shall furnish Grantor with a certified copy of such resolution or ordinance as evidence of the authority herein exercised by Grantee's officers executing this Agreement. k. By signing this Agreement Grantee agrees that Grantor or its public utility successor shall not be assessed for any improvements to be constructed pursuant hereto as a local improvement project or otherwise charged for the cost of such improvements. 16. Regulatory Approval. This Agreement may be subject to the approval of one or more -• regulatory agencies. If this Agreement is subject to such approval, the parties hereto agree to jointly seek such approval. If such approval is not granted by any agency,this Agreement shall be void. 15 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate by their proper officers thereunto duly authorized as of the day and year first hereinabove written. COMMONWEALTH EDISON COMPANY By: \k4l tS1 Land Management Administrator CITY OF VILLE By: Mayor AT ST: instrument is prepared by T.S.Tatem on behalf _ of Commonwealth Edison Company,P.O.Box 767, Chicaeo,Illinois 60690. k:/tatera/new form/yorkvillesansewer.doc 16 STATE OF ILLINOIS COUNTY OF COOK ss. I, the undersigned, a Notary public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that M. R. Norris, personally known to me to be the Land Management Administrator of COMMONWEALTH EDISON COMPANY, is the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the said instrument, on behalf of said corporation, as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. ll Given under my hand and official seal,this q day of d ✓ , 19 Notary Public Commission expires: ( ' y -OFFICIAL SEAL' Michael McNamara Notary Public, State of Illinois STATE OF ILLINOIS My Commission Expires 4/19/99 COUNTY OF ss. I, the urizlersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY � CERTIFY,that �- '4 s o n) , personally known to me to be t�,o M��,,aa�or of the City of Yorkville, and -t , personally known to me to bepiff"'CityClerk of said City, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Mayor and City Clerk, they signed and delivered the said instrument, pursuant to authority given by the City Council of said City, pursuant to a resolution or ordinance adopted by said City, for the uses and purposes therein set forth. Given under my hand and official seal,thisZ 3.ng day of , 19 f p . No ary Public Commission Expires: S2- -01TII�CIAL SEAL' Notar SPublic State of Illinois My Commission Expires 5/2/99 17 EXHIBIT A GRANTOR'S PROPERTY In, under and along that portion of Grantor's Parcels 1 through 7, both inclusive, of its Yorkville- Morris Right of Way (formerly known as the Fox and Illinois Union Railway R/W), as situated in the Southwest Quarter of Section 33, Township 37 North, Range 7, and;the West Half of Sections 4 and 9, Township 36 North, Range 7, East of the Third Principal Meridian, (lying southerly of Van Emmon Street and northerly of Illinois Route 47) Kendall County, Illinois. 0 18 PW L-15 ♦,��D C/�.j Reviewed By: J? O� Legal ❑ City Council Esr 1 .iris Finance El Engineer City Administrator Agenda Item Tracking Number Consultant ❑ PW ak oou- 1 lQ O L City Council Agenda Item Summary Memo Title: Yorkville Market Square—Sidewalk Agreement City Council/ Committee of the Whole Date: 9/19/06 Committee of the Whole Synopsis: This agreement allows the developer to delay construction of public sidewalk along their Route 47 and Route 34 frontage until IDOT's Route 47 project is completed. 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: ��D /�o United City of Yorkville Memo r, 0 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 -� Telephone: 630-553-8545 Fax: 630-553-3436 <LE ��'�• Date: September 6, 2006 To: John Crois, Interim City Administrator' \ From: Joe Wywrot, City Engineer � 1.J CC: Lisa Pickering, Deputy City Clerk Subject: Yorkville Market Square—Sidewalk Agreement Attached find one copy of the proposed sidewalk agreement for the referenced development. This agreement allows the developer to delay the construction of public sidewalk along its Route 47 and Route 34 frontage until one of the following items occurs: • Completion of the Route 47 improvements by IDOT. • Prior to the property being sold. • Within 6 months of a written request from the city to construct the sidewalk. I recommend that this agreement be approved and recorded against the property. Please place this item on the Committee of the Whole agenda of September 19, 2006 for consideration. STATE OF ILLINOIS ) COUNT OF KENDALL ) SIDEWALKS INSTALLATION COVENANT WHEREAS, the undersigned, Progress Holdings LLC, (hereinafter referred to as "Owner/Developer"), is the owner of the real property upon which is now situated an improved structure (hereinafter referred to as "Property") described in the Exhibit "A", attached hereto and on incorporated herein by reference; and WHEREAS, said Property located at the southeast corner of IL 47 and US 34 in the United City of Yorkville, Kendall County, Illinois is zoned B-3 General Business District; and WHEREAS, the United City of Yorkville has/will heretofore issued a building permit for the construction of the improvements on said Property and, incidental thereto, requiring the installation of sidewalks along the frontage of the Property adjacent to Illinois Route 47 and US Route 34; and WHEREAS, at the present time, public sidewalk does not exist along the east side of Illinois Route 47 he owner, has requested ted the adjacent United City of Yorkville that property and the undersigned, as it be permitted to defer the installation of the sidewalks; and WHEREAS, the Untied City of Yorkville has agreed to allow Owner/Developer to delay and defer the installation of this sidewalk on the Property in further accordance with the provisions of this Covenant. NOW, THEREFORE, the undersigned Progress Holdings LLC do herewith covenant and agree with the United City of Yorkville that, in consideration of the City issuing the Building permit for the commercial building located on the real property described in Exhibit "A", that the undersigned, or their heirs, successors or assigns, shall cause sidewalks to be installed along the frontage of the Property along Illinois Route 47 and US Route 34 in accordance with the Ordinances and guidelines of the United City of Yorkville, then in effect, regulating the installation of sidewalks, upon the happening of the first of the following events: (a) when sidewalks are extended along Illinois Route 47 and US Route 34 by others to the edge of the subject property or (b) prior Property being sold or (c) within six (6) months written request by the United City of Yorkville for the installation of sidewalks. This Covenant shall run with the land and shall be binding upon and shall be obligatory upon the undersigned Owners, and their heirs, successors and assigns. WITNESS W EREQF, the undersigned have executed this Covenant this 31 - day of h VJT , 2006. OWNER/DEVELOP R: Owner/De eloper APPROVED and ACCEPTED UNITED CITY OF YORKVILLE By: City Administrator Exhibit "A" PROPERTY DESCRIPTION THAT PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF U.S. ROUTE 34 WITH THE EASTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47; THENCE SOUTH 04 DEGREES 52 MINUTES 00 SECONDS WEST ALONG SAID EASTERLY LINE OF ILLINOIS ROUTE 47, A DISTANCE OF 425.04 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 04 DEGREES 52 MINUTES 00 SECONDS EAST ALONG SAID EASTERLY LINE 425.04 FEET TO THE CENTER LINE OF U.S. ROUTE 34; THENCE SOUTH 83 DEGREES 46 MINUTES 47 SECONDS EAST ALONG SAID CENTER LINE 385.7.2 FEET; THENCE SOUTH 06 DEGREES 13 MINUTES 13 SECONDS WEST 400 FEET; THENCE SOUTH 79 DEGREES 59 MINUTES 12 SECONDS WEST 62.46 FEET TO A POINT SOUTH 85 DEGREES 06 MINUTES 00 SECONDS EAST 315.80 FEET FROM THE POINT OF BEGINNING; THENCE NORTH 85 DEGREES 06 MINUTES 00 SECONDS WEST 315.80 FEET TO THE POINT OF BEGINNING, (EXCEPT THAT PART ACQUIRED BY THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF ILLINOIS THROUGH PROCEEDINGS HELD IN THE CIRCUIT COURT FOR THE 16TH JUDICIAL CIRCUIT AS CASE 74 ED 3), IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. 2♦,��D C/T Reviewed By: Legal ❑ City Council Esr. , 1836 Finance ❑ Engineer ❑ City Administrator ❑ Agenda Item Tracking Number Consultant ❑ Q W a O0(D— I La <LE wv ❑ City Council Agenda Item Summary Memo Title: Garden club proposal City Council/Committee of the Whole Date: COW Sept. 19 Synopsis: Council review of garden club proposal to partner with the city to install and maintain hanging flower baskets in the downtown area Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Approval of proposal Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: `,QED C/Ty k o United City of Yorkville Memo Public Works Department EST. 1 1836 800 Game Farm Road -4 Yorkville, Illinois 60560 0;A VC. � Telephone: 630-553-4370 �LE ` Fax: 630-553-4377 Date: August 28, 2006 To: Art Prochaska, Mayor From. Eric Dhuse Director of Public Works G-' CC: Subject: Garden Club Proposal Art, I recently met with the garden club to discuss the possibility of working with them to purchase and maintain hanging baskets in the downtown area. The garden club wanted to know if the city would be interested in taking over the project(except yearly donation requests) after the initial purchase. They also wanted to know if the City would fund the difference of the initial costs if they do not receive the donations needed to do all 10 lamp poles in the downtown area. I have attached a worksheet outlining the initial costs and future costs with different scenarios. I did relay to them that in the end it will be up to the City Council to make the final decision because at this point we do not have any money budgeted for this project. I would like to place this on the public works portion of the COW meeting on September 19, 2006 for discussion. If you have any questions or concerns,please let me know. Yorkville Garden Club Proposal Worksheet Item Price Quantity Cost Basket and chain $41.00 20 $820.00 Mounting Brackets $44.97 10 $449.70 Flowers, and Storage $50.00 20 $1,000.00 TOTAL MATERIAL COST $2,269.70 Cost Per Basket $113.49 Estimated Labor Costs Item Hourly Rate Seasonal Time Cost Installation and removal $28.00 10 $280.00 of bracket/basket Full Time Employee $19.50 54 $1,053.00 Part Time Employee $8.50 54 $459.00 TOTAL LABOR COST $1,792.00 average 3 minutes per basket x 20 baskets=60 minutes per watering. 60 minutes x 3 waterings per week= 180 minutes per week. 180 minutes per week x 18 weeks=3240 minutes/60=54 hours per year LABOR AND MATERIAL COSTS $4,061.70 TOTAL COST PER BASKET $203.09 CITY COST POSSIBILITIES 100% participation 50% Participation Donations $2,000.00 Donations $1,000.00 Total Yearly Costs $4,061.00 Total Yearly Costs $4,061.00 City Share $2,061.00 City Share $3,061.00 75% Participation 25% Participation Donations $1,500.00 Donations $500.00 Total Yearly Costs $4,061.00 Total Yearly Costs $4,061.00 City Share $2,561.00 City Share $3,561.00 0% Participation Donations $0.00 Total Yearly Costs $4,061.00 City Share $4,061.00 pvw-* 1 C/ry Reviewed By: A. 0 Legal F-1 City Council F El EST. � ® 1836 Finance Engineer ❑ 0 y City Administrator ❑ Agenda Item Tracking Number � „ `�O Consultant ❑ ew ao o Q - Ito 2 City Council Agenda Item Summary Memo Title: Sale of generator City Council/Committee of the Whole Date: September 19, 2006 COW Synopsis: Sale of generator to the Village of Capron Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Approval of sale Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: 2`��v Cyr o United City of Yorkville Memo Public Works Department EST 1 1836 800 Game Farm Road -4 -e Nei Yorkville, Illinois 60560 0 1 ;A �o Telephone: 630-553-4370 <LE Fax: 630-553-4377 Date: September 8, 2006 To: Joe Besco, Chairman From: Eric Dhuse, Director of Public Works CC: Subject: Generator Sale Joe, The Village of Capron has submitted a proposal to purchase one of our generators for$6500.00. I recommend that the sale be approved. This is a fair price and is greater than we would get on trade in towards a new one. The proceeds from this will be put towards the purchase of a new generator for our new water treatment facility. I would ask that this be placed on the September 19th COW for discussion. If you have any questions,please let me know. } Village Of Capron P.O.Box 314 115 S.4th Street Capron,Illinois 61012 Phone: (815)5692351 Fax: (815)569-2960 Email: villagcafcapron®northboonc.com FAX COVER SHEET Fax# 630-553-4377 Date: August 30, 2006 To: Dave From: Missy Re: Dave the Village of Capron Board wants to purchase the generator for $6,500.00 TOTAL PAGES INCLUDING COVER SHEET- 100 'a NUM �0 35V I'I IA Wv 9Z :60 QOM 90oz-H-DO f� � 8 Reviewed By: J2 06 Legal El City Council Finance ❑ EST yeas Engineer City Administrator ❑ Agenda Item Tracking Number �0 Consultant ❑ P w ILE City Council Agenda Item Summary Memo Title: Updated 6-year Capital Improvement Program City Council/ Committee of the Whole Date: 9/19/06 Committee of the Whole Synopsis: This updated program lists proposed capital projects from Fiscal Year 06-07 to Fiscal Year 11-12. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: None Council Action Requested: None. Request a consensus from the Committee of the Whole. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: United City of Yorkville Memo 800 Game Farm Road EST. , ;_,. :T, 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 p Fax: 630-553-3436 <LE `w Date: September 12, 2006 To: John Crois, Interim City Admi ' trator From: Joe Wywrot, City Engineer D CC: Eric Dhuse, Director of Public Works Sue Mika, Finance Director Subject: Updated 6-year Capital Improvement Program Attached find proposed revisions to last year's 6-year Capital Improvement Program. Multi-year projects are listed with their total cost only in the year they are scheduled to begin, unless they will be constructed as separate, phased projects. All project costs are for construction and related construction engineering unless indicated otherwise. Debt service for past projects and ongoing engineering contracts are not listed. Some projects listed in FY 06-07 scheduled for developer funding have not proceeded due to the lack of deposits, and may be delayed. Costs for ongoing and imminent project were updated based on best available information. Proposed revisions to last year's approved plan are as follows: General • Various projects were moved up or back one year based on the progress of our overall water, sanitary sewer, and roadway projects. Water • Construction of Southwest regional improvements was added in FY 07-08. • Design of the South regional improvements was added in FY 07-08. Construction of these improvements was not listed because the scope of the improvements, as well as timing and funding, have not been identified. • Abandonment of a small section of watermain on McHugh Road was added in FY 07-08. This is located at a pressure zone boundary. • A standby generator was added in FY 08-09 for Well #7. This generator, when coupled with the existing generator at Well #8, will enable us to serve the entire town with water in the event of a major power blackout. • Painting of the water tower on Tower Lane was added in FY 08-09. • Replacement of two small and old watermains was added in FY 11-12. Sanitary • Construction of the south regional improvements was added in FY 07-08. Streets • Right-of-Way acquisition for the Faxon Road extension was added in FY 07-08. • Design of the southwest regional improvements was added in FY 07-08,with construction listed in FY 08-09. • Design of a traffic signal at Rt.34/Sycamore was added in FY 06-07, with construction listed in FY 07-08. This project is not budgeted in the current fiscal year, but we will re-evaluate the budget in November to see if design can be added. • A small guardrail & culvert project on Van Emmon was added in FY 07-08. • The Corneils Road reconstruction project was expanded to reach Beecher Road. • Engineering and construction of a new River Road bridge at Blackberry Creek was added in FY 08-09, 09-10, and 10-11. We anticipate that this will be a federally-funded project through the Kane/Kendall Council of Mayors. Miscellaneous • Funding of the Raymond regional detention basin was shifted from developer front-funding to city front-funding. • A small landscape project at the Route 126/Route 71 intersection was added in FY 07-08 to match IDOT's schedule for reconstruction of that intersection. • A study to determine the best location of a river crossing, should that become necessary, was added in FY 07-08. • Design and construction of a new police station and public works building were added in FY 07-08 and FY 08-09. Please place this item on the Committee of the Whole agenda of September 19, 2006 for consideration. Proposed Water Capital Improvement Program 12-Sep-06 Funding Source Water Improvement y=r Project &Expansion Fund MFT Developer FAU Total 06-07 a)Routes 71/126 Watermain Casing $19,000 $19,000 b)SW Regional Water Improvements(Design) $500,000 $500,000 c)Fox&Washington Watermains(In-Town Road Pgm) $110,000 $110,000 d)Heustis Watermain Replacement(In-Town Road Pgm) $110,000 5110,000 e)SCADA System for Waterworks $200,000 $200,000 f)Well#7 Driveway&Landscaping $50,000 $50,000 g)Galena Road Watermain $620,000 $620,000 h)Kennedy Road PRV Station 5200.090 $200.000 Sub-Total $489,000 $1,320,000 $1,809,000 07-08 a)Well No.6&Water Treatment Plant(Design) $200,000 $200,000 b)Well No.4 Rehabilitation $100,000 $100,000 c)Elizabeth Street Watermain Replacement $150,000 $150,000 d)Orange(Olsen Watermain Loop $40,000 $40,000 e)Gawne Lane Watermain $140,000 $140,000 t)Eldamain/RL34 PRV Station $200,000 $200,000 g)Well No.13 $870,000 $870,000 h)Well No.13 Treatment Plant $3,440,000 $3,440,000 i)Greenbriar Road Watermain Extension $730,000 $730,000 j)2.0 MG Water Tower $2,000,000 $1,900,000 $3,900,000 k)Chally Farm Booster Station $610,000 $610,000 1)South Water Improvements(Design) $1,140,000 $1,140,000 m)McHugh Road Watermain Abandonment $19.5100 510-000 Sub-Total $2,640,000 $8,890,000 $11,530,000 08-09 a)W.Ridge Watermain Replacement $140,000 $140,000 b)Radio-read meter retrofit(Phase 1) $115,000 $115,000 c)Game Farm/Somonauk Road Watermains $65,000 $65,000 d)Well No.6 $1,000,000 $1,000,000 e)Well No.6 Treatment Plant $2,500,000 $2,500,000 f)Well#7 Standby Generator $350,000 $350,000 g)Tower Lane Watertower Painting 5150-000 S150-000 Sub-Total $820,000 $3,500,000 $4,320,000 09-10 a)Washington&Orange Watermain Replacement $250,000 $250,000 (S.Main-Mill) b)S.Main Street Watermain Replacement $200,000 $200,000 c)Radio-read meter retrofit(Phase 2) $115,000 $115,000 d)Route 47 Watermain Relocations S650-000 $650.000 Sub-Total $1,215,000 $1,215,000 10-11 a)West Fox River Watermain Crossing $750,000 $750,000 b)Well No.3 Rehabilitation S100-000 $100-000 Sub-Total $850,000 $850,000 11-12 a)Newlywood Foods Watermain Replacement $150,000 $150,000 b)River Road Watermain Replacement(RL47-King) 5120.000 5120.090 Sub-Total $270,000 $270,000 Water Total $6,284,000 $13,710,000 $19,994,000 Proposed S�anitagyrpital ImprovementPrngram 12-Sep-06 Funding Source San.Sewer Imp. .Y= Pmiw &Expansion Fund MFT Developer FAU Total 06-07 a)SW Interceptor-Engineering $200,000 $200,000 b)Rob Roy Creek Interceptor(West Branch)-Design $100,000 $100,000 c)Aux Sable Creek Pump Station&Interceptors-Design $760,000 $760,000 d)SW Interceptor-Contract 1 2,700,000 $2,700,000 e)SW Interceptor-Contract 1(Forest Preserve Landscaping) $150,000 $150,000 f)SW Interceptor-Contract 2 2,500„000 52,500.000 Sub-Total $6,410,000 $6,410,000 07-08 a)Rob Roy Creek Interceptor-West Branch $3,130,000 $3,130,000 b)Aux Sable Creek Forcemain-Contract IA $2,750,000 $2,750,000 c)Aux Sable Creek Pump Station-Contract 2 $4,550,000 $4,550,000 d)Aux Sable Creek Interceptor-Contract 3 $2,300,000 $2,300,000 e)Aux Sable Creek Interceptor-Contract 4 $2,150,000 $2,150,000 t)Fox Hill Sewer Recapture $150,000 $150,000 g)SCADA System for Pump Stations $100,000 $100,000 h)Palmer Court Sanitary Sewer Replacement 55.0.000 $50-000 Sub-Total $300,000 $14,880,000 $15,180,000 08-09 a)Miscellaneous Repairs $30,000 $30,000 b)Game Farm Road Sanitary Sewer Repairs 550.000 550.004 Sub-Total $80,000 $80,000 09-10 a)Miscellaneous Repairs $30,000 $30,000 b)Sewer Extensions $150,000 $150,000 c)Route 47 Sanitary Sewer Repairs $240.000 $209.00-0 Sub-Total $380,000 $380,000 10-11 a)Citywide SSES repairs-Design $200,000 $200,000 b)Miscellaneous Repairs $30,000 $30,000 c)Sewer Extensions $154.400 5159.400 Sub-Total $380,000 $380,000 11-12 a)Citywide SSES repairs $2,000,000 $2,000,000 b)Miscellaneous Repairs $30,000 $30,000 c)Sewer Extensions 5154990 5154.099 Sub-Total $2,180,000 $2,180,000 Sanitary Total $3,320,000 $21,290,000 $24,610,000 4 Pr y osedd Street Capital improvement Program 12-Sep-06 Funding So_ erce ygat Proiec General Fund MFT Developer FAU Total 06-07 a)Asphalt Pavement Treatment 550,000 550,000 b)Crack Sealing $40,000 540,000 c)Countryside Pkwy(W.Kendall to E.Kendall) $260,000 $260,000 d)In-Town Road Program(Phase 2)-Utility Construction $500,000 5500,000 e)In-Town Road Program(Phase 2)-Roadway Const. $1,350,000 S1,350,000 0 Game Farm Road(Phase 2 Engineering) S100,000 S 100,000 $200,000 g)Comeils Road(Beecher to Route 47)-Design $200,000 5200,000 h)Route 47(Comeils to Jericho)-Initial Design $360,000 $360,000 i)RL34/Sycamore Traffic Signal-Design $39-1.04 S39.Q40 Sub-Total 51,900,000 5430,000 S560,000 $100,000 52,990,000 07.08 a)Asphalt Pavement Treatment $50,000 $50,000 b)Crack Sealing 520,000 520,000 c)Palmer Court $70,000 570,000 d)Countryside Parkway(Center-W.Kendall) S110,000 S110,000 e)Game Farm Road(ROW acquisition) $100,000 5100,000 $200,000 0 Wooddale Drive Construction $25,000 525,000 g)Faxon Road extension to Route 47-ROW Acquisition S100,000 $100,000 h)Route 47(Comeils to Jericho)-Final Design 51,000,000 $1,000,000 i)Kennedy Road(Bristol Ridge to RR tracks) $2,540,000 52,540,000 j)SW Regional Roadway Improvements-Design S160,000 5160,000 k)Van Emmon Guardrail&Culvert Extension 530,000 $30,000 1)RL34/Sycamore Traffic Signal-Construction 5159.444 5150-000 Sub-Total 5535,000 $120,000 $3,700,000 5100,000 54,455,000 08-09 a)Asphalt Pavement Treatment 560,000 560,000 b)Crack Sealing $20,000 520,000 c)Game Farm Road(Phase 3 Engineering) 570,000 $160,000 5230,000 d)Game Farm Road(Construction) 5690,000 $1,610,000 $2,300,000 e)Strawberry Lane/ConoverCt S120,000 5120,000 f)Faxon Road Extension to RL47 S700,000 S1,000 5701,000 g)Route 47(Comeils to Jericho)-Phase 1 Construction 58,000,000 58,000,000 h)Kennedy Road(Christy to Bristol Ridge Road) $1,600,000 51,600,000 i)Greenbriar Road Extension $700,000 5700,000 j)Fox Road Resurfacing(Pavilion-Route 47) $600,000 5600,000 k)Pavillion Road Improvements(Fox-RL71) 51,400,000 51,400,000 1)River Road Bridge rQ Blackberry Creek-Phase 1 Engrg. $100.00 S100-000 Sub-Total $860,000 $901,000 $12,300,000 51,770,000 S15,831,000 09-10 a)Asphalt Pavement Treatment 560,000 $60,000 b)Crack Sealing 530,000 530,000 e)Powers CL 575,000 575,000 d)Route 47 non-participating street costs $500,000 5500,000 (streetlights,traffic signals,Jefferson Street) e)Kennedy Road(RR tracks to Galena) $1,430,000 S1,430,000 f)Mill Road(Kennedy to east end Grande Reserve) 52,640,000 52,640,000 g)Comeils Road(Caledonia to Route 47)-Construction 5600,000 5600,000 h)Route 47(Comeils to Jericho)-Phase 2 Construction $8,000,000 S8,000,000 i)Streetlight Construction(Various Locations) $50,000 $50,000 j)River Road Bridge Qa Blackberry Creek-Phase 2 Engrg. 5104.099 5140.000 5200-000 Sub-Total 5285,000 5530,000 512,670,000 5100,000 513,585,000 10-11 a)Asphalt Pavement Treatment 560,000 S60,000 b)Crack Sealing 540,000 540,000 c)E.Kendall Drive&Mulhem Court 5250,000 5250,000 d)Washington Street(RL47-Mill) $120,000 S120,000 e)McHugh Road resurfacing(E.Main to Walnut) S150,000 S150,000 0 Streetlight Construction(Various Locations) 550,000 $50,000 g)River Road Bridge Q Blackberry Creek-Construction S195.000 5599.000 S715-000 Sub-Total $815,000 $40,000 5550,000 51,405,000 11-12 a)Asphalt Pavement Treatment 560,000 560,000 b)Crack Sealing 540,000 $40,000 c)W.Kendall Drive&Anderson Court $250,000 5250,000 d)Countryside Subdivision-Units 8&9 $200,000 5200,000 e)Streetlight Construction(Various Locations) S50.000 559.000 Sub-Total $560,000 540,000 5600,000 Streets Total $4,955,000 52,061,000 529,230,000 52,620,000 538,866,000 Proposed Miscellaneous Capital Tmprovement Program 12-Sep-06 Funding Source Mur Pmiw General Fund Developer Grant Total 06-07 a)ISWS Groundwater Study $10,364 $10,364 b)Blackberry Creek flood study $24,490 $24,490 c)Nelson Landfill USGS Study $8,000 $34,000 $42,000 d)Downtown Brownfield Study $12,000 $12,000 e)Raymond Storm Sewer Outfall-Construction $1,000,000 $1,000,000 f)Fox Road Stormwater Study $34.494 $34.094 Sub-total $54,854 $1,068,000 $1,122,854 07-08 a)ISWS Groundwater Study $3,455 $3,455 b)Blackberry Creek flood study $10,550 $10,550 c)Raymond Detention-Construction $4,000,000 $4,000,000 d)Bury Cam Ed poles $100,000 $100,000 e)Downtown Brownfield-Remediation $250,000 $250,000 f)Town Square Sidewalk Replacement $25,000 $25,000 g)City-County Jefferson St.Design $50,000 $50,000 h)Fox Hill Unit 3 Parking $30,000 $30,000 i)Rt.1261RL71 Landscaping $5,000 $5,000 j)Sidewalk Replacement/Extension Program $60,000 $60,000 k)River Crossing Study $100,000 $100,000 I)Police Station-Design $650,000 $650,000 m)Parks/Public Works Facility-Design $159.094 5159,000 Sub-total $5,184,005 $250,000 $5,434,005 08-09 a)Bury Cam Ed poles $100,000 $100,000 b)Sidewalk Replacement(Exteasion Program $60,000 $60,000 c)ISWS Groundwater Study $691 $691 d)Police Station-Construction $11,000,000 $11,000,000 e)Parks/PW Facility-Construction S7-000-000 S7-000-000 Sub-total $160,691 $18,000,000 $18,160,691 09-10 a)Bury Cam Ed poles $100,000 $100,000 b)Route 47 sidewalk construction $410,000 $410,000 c)Sidewalk Rep lacement/Extension Program $59.040 S60-000 Sub-total $570,000 $570,000' 10-11 a)Bury Cam Ed poles $100,000 $100,000 b)Sidewalk Replacement/Extension Program 560.000 SM-004 Sub-total $160,000 $160,000 11-12 a)Bury Cam Ed poles $100,000 $100,000 b)Sidewalk Replacement/Extension Program 560-000 $60.000 Sub-total $160,000 $160,000 Misc.Total $6,289,550 $19,068,000 $250,000 $25,607,550 Summary of Capital Improvement Program 12-Sep-06 Funding Source Year Category General Fund Water Sanitary MFT Developer FAU Other Grant Total 06-07 a)Water Improvements $489,000 $1,320,000 $1,809,000 b)Sanitary Improvements $6,410,000 $6,410,000 c)Street Improvements $1,900,000 $430,000 $560,000 $100,000 $2,990,000 d)Miscellaneous Improvements $54,854 $1,068-000 $1.122,854 Totals $1,954,854 $489,000 $430,000 $9,358,000 $100,000 $12,331,854 07-08 a)Water Improvements $2,640,000 $8,890,000 $11,530,000 b)Sanitary Improvements $300,000 $14,880,000 $15,180,000 c)Street Improvements $535,000 $120,000 $3,700,000 $100,000 $4,455,000 d)Miscellaneous Improvements $5.184.005 $250,000 $5.434,005 Totals $5,719,005 $2,640,000 $300,000 $120,000 $27,470,000 $100,000 $250,000 $36,599,005 08-09 a)Water Improvements $820,000 $3,500,000 $4,320,000 b)Sanitary Improvements $80,000 $80,000 c)Street Improvements $860,000 $901,000 $12,300,000 $1,770,000 $15,831,000 d)Miscellaneous Improvements $160.691 $18,000,000 $18,160-691 Totals $1,020,691 $820,000 $80,000 $901,000 $33,800,000 $1,770,000 $38,391,691 09-10 a)Water Improvements $1,215,000 $1,215,000 b)Sanitary Improvements $380,000 $380,000 c)Street Improvements $285,000 $530,000 $12,670,000 $100,000 $13,585,000 d)Miscellaneous Improvements $570,000 $570,000 Totals $855,000 $1,215,000 $380,000 $530,000 $12,670,000 $100,000 $15,750,000 10-11 a)Water Improvements $850,000 $850,000 b)Sanitary Improvements $380,000 $380,000 c)Street Improvements $815,000 $40,000 $550,000 $1,405,000 d)Miscellaneous Improvements S160,000 $160.000 Totals $975,000 $850,000 $380,000 $40,000 $550,000 $2,795,000 11-12 a)Water Improvements $270,000 $270,000 b)Sanitary Improvements $2,180,000 $2,180,000 c)Street Improvements $560,000 $40,000 $600,000 d)Miscellaneous Improvements $160,000 $160,000 Totals $720,000 $270,000 $2,180,000 $40,000 $3,210,000 Total Cost of 6-year Program $11,244,550 $6,284,000 $3,320,000 $2,061,000 $83,298,000 $2,620,000 $250,000 $109,077,550 P�1 � i9 Reviewed By: Legal ❑ City Council Finance ❑ MT Engineer ❑ Agenda Item Tracking Number -�. City Administrator ❑ Consultant ❑ pinl rlot'�le- I �i� Human Resources ❑ City Council Agenda Item Summary Memo Title: Proposed City Road Fee Policy City Council/COW/Committee Agenda Date: September 19, 2006 Synopsis: Policy to address the collection and application of the City Road Fee (currently $2000.00 per dwelling unit) 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: DRAFT September 12,2006 United City of Yorkville City Road Fee-Collection and Application Policy Purpose: The City Road Fee is established to fund necessary roadway improvements within the United City of Yorkville to ensure the roadway system throughout the City is maintained at a high level of service. The City's Standard Specifications for Improvements require new developments to"improve existing roadways running through, or adjacent to,the development"to minimum standards based on the roadway classification necessary as determined by existing traffic volumes and the additional traffic generated by the development. There are situations when the City, in order to ensure a City-wide transportation network with a high level of service,will desire to increase the roadway classification to a higher classification than what is warranted only by existing traffic and the estimated volume to be generated by the adjacent development. The Road Fee is used to generate the necessary funding to enable the City to make such improvements and the Road Fee Policy determines how this fee is to be collected and applied to improvements. Collection Policy: • The City Road Fee is required in all annexation agreements for property including residential land uses; • The Road Fee is to be assessed on a per dwelling unit basis; • The Road Fee amount is to be determined annually by City Council based upon the recommendation of the City Engineer. City Engineer's recommendation shall be based upon current roadway construction costs and sound engineering judgment; • The timing of collecting the Road Fee is to be at time of building permit unless otherwise negotiated within the annexation agreement. Application Policy: • The funds generated by the Road Fee are to be applied to roadway improvement projects at the complete discretion of the City; • In situations when funds are used to increase the scope of a road improvement beyond the classification necessitated by current traffic and volumes generated by a new development,the funds are only to be used for the difference in this scope. PW Sao ♦,��D C/p` Reviewed By: J= �� Legal ❑ City Council Finance ❑ EST lass Engineer ❑ 4O City Administrator F1 Agenda Item Tracking Number L7 �O Consultant ❑ EW a O6Co— 1 tay VIVKW ❑ SCE ��'�. City Council Agenda Item Summary Memo Title: Revised Landscape Ordinance City Council/Committee of the Whole Date: September 19, 2006 Synopsis: Updates/revisions to the Landscape Ordinance. Includes: revised list of acceptable plant species, addition of median landscaping, revised tree preservation standards and tree protection methods. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller/Laura Haake Community Development Department Name Department Agenda Item Notes: STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) ORDINANCE NO.2006- ORDINANCE AMENDING ORDINANCE 2004-54 UNITED CITY OF YORKVILLE LANDSCAPE ORDINANCE SECTION 1: APPLICABILITY: 1. Existing buildings: All lots which have buildings constructed upon them prior to the date of this ordinance are exempt from the standards in this ordinance,except for any property which is being substantially redeveloped,rezoned, or which a special use is being requested. Substantial redevelopment consists of any construction activity that will result in a greater than 25%increase to the existing building square footage or the addition of twelve (12) or more parking spaces. If a property is being rezoned, or for which a special use request is being approved,the following landscape standards shall apply: a. Parkway Landscaping b. Perimeter Landscaping c. Parking Lot Landscaping—for the purpose of this category,parking lot landscaping requirements shall apply only to the construction of the new portion of a parking lot and shall not apply to existing parking lots. d. Storm Water Storage Basin Landscaping—for the purpose of this category, storm water storage basing landscaping requirements shall apply only to the construction of the new portion of a storm water storage basin and shall not apply to existing storm water storage basins. 2. For a single detached and duplex residential development: a. New Construction: The applicable landscape requirements for this development activity are as follows: 1. Parkway Landscaping 2. Landscaping adjacent to Primary and Secondary Arterials and Collectors 3. Median Landscaping 4. Tree Preservation 3 For all other development, other than single family detached and duplex residential development: 1 a. New Construction: The applicable landscape requirements for this development activity are as follows: 1. Parkway Landscaping 2. Perimeter Landscaping 3. Parking Lot Landscaping 4. Lot Landscaping 5. Storm Water Storage Basin Landscaping 6. Median Landscaping 7. Tree Preservation SECTION 2: LANDSCAPE AND TREE PRESERVATION REOUIREMENTS: The following requirements in this section are cumulative: 1. Parkway Landscaping: a. For all single detached and duplex residential development, the minimum required number of parkway trees are as follows: Interior lots—one(1)tree per lot Corner lots—two(2)trees per lot(one tree per side) All other lots—(such as parks and retention/detention areas)one(1)tree per 50 lineal feet of frontage b. For all development other than single-family detached and duplex residential development,the minimum required number of parkway trees is one tree per 50 lineal feet of frontage. c. All parkways shall have minimum of six inches (6") of good, clean, clump-free topsoil nearly leveled to uniform grade from the top of curb to the top of sidewalk after settling. Trees shall be planted within the public parkway between the curb and sidewalk and trail as applicable. d. Parkways will be a minimum of ten feet(10') in width from the back of the curb to the front edge of the sidewalk. All parkways shall have a good,thick stand of grass utilizing sod or seed per IDOT specifications, including fertilizing. The developer, as covered by the required maintenance letter of credit,will repair any settling of grass loss during the one-year maintenance period. The minimum gradient of all parkways toward the curb shall be 2%and the maximum shall be 8%. All areas shall be seeded or sodded and fertilized in an approved manner. Grass watering and mowing to a maximum height of five inches(5")will be the responsibility of the developer through the one year required maintenance period after City acceptance. e. No tree shall be planted closer than thirty feet(30') of the right-of-way intersection. 2 f. If a stop or yield sign is located at an intersection,no tree,when approaching the intersection, shall be planted closer then 50 lineal feet in front of a sign. g. Trees shall have a minimum spacing of twenty feet(20') from light poles, street signs, fire hydrants and any other such items that may, in the opinion of the City Planner or Public Works director,require similar intervals. h. Trees under wires are not to exceed twenty feet(20')in height at maturity. i. Parkway trees shall be planted prior to the issuance of a certificate of occupancy. It shall be the responsibility of the developer or builder to properly water all newly planted parkway trees at the time of planting, and subsequently thereafter, to insure their survival for a period of one year after City Council acceptance of the public improvements. j. Only approved parkway trees,as indicated under the permitted plantings shade tree list,may be used as parkway trees. 2. Perimeter Landscaping: a. Non-residential adjacent to residential: Where a non-residential property is adjacent to residential property at thirty foot(30')wide bufferyard shall be provided. The bufferyard shall consist of a berm or architectural masonry wall, at least three feet(3') in height as measured from the property line. The bufferyard shall also consist of two(2) shade trees, five(5)evergreen trees and three(3) ornamental trees per 100 lineal feet of bufferyard. b. Multi-family residential adjacent to single family detached and duplex residential: Where multi-family residential property is adjacent to single family detached or duplex residential a thirty foot(30')landscape bufferyard shall be provided. The bufferyard shall consist of three(3) shade trees,three(3)evergreen and two (2) ornamental trees per 100 lineal feet of bufferyard. 3. Parldng Lot Landscaping: a. Interior Parking Lot Landscaping: 1. Interior Landscaping: One tree shall be provided for every twenty(20) parking spaces and shall be planted within the interior of the parking lot. Trees shall be located in landscape medians,which have a minimum area of 190 square feet and a minimum dimension of ten feet(10'). The landscape median shall be covered with shrubs, groundcover,turf, or organic mulch. Include in plans typical landscape median detail. 2. Visibility: To ensure proper visibility within the parking lot,the branches of shade trees shall start no less than eight feet(8')above the pavement 3 and shrubs shall be maintained at a height of no greater than thirty-six inches(36") above the pavement. The plant height selection should be sensitive to the crown of the median. Single stem ornamental trees will be allowed in center parking lot median islands only and branches must be trimmed to a minimum of six feet(6') above the pavement. b. Perimeter Parking Lot Landscaping: 1. When a parking lot,which is located on a non-residential property, is adjacent to another non-residential property, a five foot(5')perimeter bufferyard shall be planted with two shade trees and fifteen shrubs per 100 lineal feet of bufferyard. 2. When a parking lot is adjacent to a public right-of-way, a landscape bufferyard shall be provided and shall be the width of the required parking lot setback or thirty feet(30'),whichever is less. The bufferyard shall consist of one(1) shade tree, one(1) evergreen tree and thirty-three (33) shrubs per 100 lineal feet of bufferyard. 4. Lot Landscaping: Lot landscaping shall be required for all developments other than single family detached residential and duplex developments in accordance with the following: a. Multi-family: Two (2) shade trees and fifteen(15)shrubs shall be provided for every four units. b. Non-residential: Two(2) shade trees and fifteen(15) shrubs shall be provided for every 20,000 square feet of lot area. 5. Landscaping Adjacent to Primary and Secondary Arterials and Collector: Residential lots which back up to an Arterial or Collector as defined in the Yorkville Comprehensive Plan, shall provide a minimum thirty foot(30')wide landscape easement running the full length of the residential lots. This easement shall be planted with three (3) shade trees, four(4) evergreens and twenty(20) shrubs per 100 lineal feet. 6. Storm Water Storage Basin Landscaping: A thirty foot(30')wide bufferyard shall be provided around any storm water storage basin that has its high water line within the front or side yards of a lot. The thirty foot(30')bufferyard shall be measured from the property line to the average elevation between normal water line and the high water line for retention basins and from the property line to the average elevation between the lowest basin elevation and the high water line for detention basins. The bufferyard shall be planted with one(1)tree per 30 lineal feet of bufferyard length. The bufferyard may be reduced to ten feet(10')wide. If so,the ten foot(10')bufferyard shall be planted with two (2)trees per 30 lineal feet of bufferyard length. 7. Median Landscaping: The following information is to be used as general guidelines for designing parkway medians and parking islands that are constructed with a six inch(6") barrier curb. It is intended for use as a resource to develop median designs. Several 4 recommendations are subjective in nature and may require modification to fit median openings, width or stopping site distances. It is important that significant deviations from the guide be based on operational experience and objective analysis. These guidelines do not pertain to the design of bioswales. a. Landscape elements within a median should include shade trees, ornamental trees, shrubs, low-growing evergreens,perennials, grasses, and groundcovers. Species should be primarily heat and salt tolerant. b. Median plant heights refer to the mature plant height with the exception of all shade and ornamental trees. Any variance from the following guidelines must be approved by the City. 1. In the first 25 lineal feet of the median, all plant material shall be no taller than one foot(1') at mature height and no shade or ornamental trees can be located in this area. 2. Twenty-five to 50 feet from the intersection no plant material shall be no taller than eighteen inches (18") at mature height and no shade or ornamental trees can be located in this area. 3. Fifty to 75 lineal feet back from the intersection,plant height can be no taller than twenty four inches(24") at mature height. Shade and ornamental trees can be located in this area as long as it does not affect visibility. 4. For the remainder of the median,until 75 lineal feet from an intersection, opening, or the end of the median,no plant height shall reach above thirty inches(30") at mature height. Shade and ornamental trees can be located in this area as long as it does not affect visibility. 5. Any plant material located within site triangles should be no taller than twenty four inches(24") at mature height. Site triangles are dependent upon the intersection stopping site distances. 6. Shade and ornamental trees must be single stem and pruned up to a minimum of six feet(6'). No `clump varieties' will be accepted. 7. A"clear zone"in the first one and one-half feet(1 '/s') from the curb towards the center of the median on both sides of the median should have no plant material taller than one foot(1')to allow turn lanes clear visibility of oncoming traffic. 8. Design should be sensitive to the crown of the median. Plant material cannot be higher than thirty-six inches(36") above the pavement at mature height. 5 c. Tree distance to intersection: 1. No shade or ornamental tree should be closer than fifty feet(50') to the right-of-way of an intersection. Shade trees should be spaced one tree per 30 to 50 lineal feet and ornamental trees should be spaced one tree per 15 to 20 lineal feet, depending on the mature canopy of the species. NOT TO SCALE 1'MAXIMUM PLANT HEIGHT FOR FIRST 50 LF FROM INTERSECTION 18"MAXIMUM PLANT HEIGHT BETWEEN 50 to 75 LF OF INTERSECTION FIRST TREE LOCATED 50'FROM INTERSECTION 30"MAXIMUM PLANT HEIGHT (EXCLUDING TREES) CLEAR ZONE:NO PLANT IN THE FIRST 1'-6"OF THE MEDIAN CAN BE ABOVE VAT MATURE HEIGHT TURFGRASS MEDIAN }?��.} ft: .. .fin ri}iw •xa$> <> Y, PLANT HEIGHT 6`CURB NOTES: 1)DRAWING IS FOR REFERENCE ONLY. 2)FINAL MEDIAN LANDSCAPE DESIGN MUST BE APPROVED BY THE CITY PLANNER. d. A separate landscape plan should be submitted of the public landscape(s) for any part of the median that is to be maintained by the City to provide clear definition for maintenance workers between public/private properties. e. Plant list should include mature height of species in addition to the required size and height at installation. 8. Tree Preservation: The following standards shall apply to all lots which are five(5) acres or greater in area. No live tree(s)with a four inch(4")DBH(diameter at breast height) may be removed without first submitting an application for tree removal and receiving approval from the City. Failure to apply and submit a tree preservation and removal plan will result in a monetary fine per tree removed without authorization(as stated on the application form.) a. Tree Removal Permit: The application for a tree removal shall be made to the Building Department. This application must be submitted and approved prior to the Site Grading Plan permit issuance. If no mass grading is required for 6 construction,the tree removal application must be submitted and approved prior to any site re-development involving tree removal. The application shall include: 1. Tree Preservation and Removal Plan. The plan shall include: a) A tree survey showing the location of all trees four inches (4") in caliper or greater within 100 feet of any tree proposed to be removed, including a description of the tree(s),botanical name, common name, caliper size and general condition or health of the tree(s). The survey must be completed by a professional tree survey company with an International Society of Aboriculture Certified Arborist or Illinois Department of Natural Resources Consultant Forester on staff. b) Delineation of trees to be removed and trees to be preserved. c) Details and specifications or procedures to be used to protect trees being preserved. d) Location, size and name of replacement trees. 2. Tree Preservation and Removal Guidelines: a) Every reasonable effort shall be made to retain existing trees shown on the tree survey through the integration of those trees into the site plan and landscape plan for a proposed development. 1. Critical areas, such as floodplains, steep slopes, and wetlands,should be left in their natural condition or only partially cleared. 2. Roadways, storage areas,and parking lots should be located away from valuable tree stands. 3. Cutting and filling in the vicinity of valuable trees should be minimal. 4. If more than one-third of the tree's root system is to be affected by construction,the tree should be part of the removal plan and replaced with the appropriate number of trees. b) Pre-construction protection measures: 1. A temporary six foot(6') orange construction safety fence, rigid wood,or chain link fence must surround the periphery of the tree dripline as a construction barrier prior to the start of any site work. 7 a. Fence type may be designated by the City depending on the value of the tree and the location to construction traffic. b. This fence must be in place before any site work begins and remain in place until all construction has been completed or final occupancy permit has been issued,whatever is latest. c. A warning sign shall be placed on the fence stating the following: Warning: This fence shall not be relocated or removed without written authorization from the City of Yorkville. c) If construction limits encroach within the dripline of the tree the following procedures will be required: 1. Trunk wrapping from the base of the tree to a height of ten feet(10'). Clear indication of trees to be wrapped and detail showing materials should be included as part of the landscape plans. No boards shall be nailed to the trunk of a tree. 2. In the event that underground utility lines are proposed within five feet(5')of the trunk of a tree,then auguring or boring of the utility line will be required by the City. This must be clearly indicated on the plans. 3. Root trimming should occur by hand,not with machinery, and exposed root systems should be protected to maintain moisture levels.During construction, any root accidentally damaged(exposed) should immediately be cleanly cut and protected. 4. If excavation must occur within the dripline of a tree, an excavation trench shall be saw cut for a minimum depth of two feet as near to the intended trench as possible. All root pruning must be completed prior to any excavation activity near the tree. d) Construction procedures: 1. During the mass grading of the site, a Certified Arborist or Consultant Forester must be on-site during the mass grading to ensure that proper protection methods are being followed. 8 2. Grading and construction equipment shall be prohibited from encroaching within the dripline of a tree. 3. Any soil that is located or stockpiled within the critical root zone of the tree will result in the loss of tree protection credit(s) and will require that the job be stopped until a revised Landscape Plan is approved. 4. Crushed limestone and other material detrimental to trees shall not be stored or dumped within the drip line of any tree nor at any higher location where drainage toward the tree could conceivably affect the health of the tree. 5. Any preserved trees damaged during construction should be repaired. Damage should be analyzed by a Certified Arborist or Consultant Forester and a repair plan should be submitted to the City for approval. 6. If the tree begins to show signs of stress (i.e. leaf dieback, wilting, etc.), additional measures may be required by the City such as fertilizing or watering to aid the tree in survival. e) Tree Preservation protection measures must be checked by the City of Yorkville before the permit for development will be released. Periodic inspections will occur during construction. f) Failure to provide adequate tree protection will result in the loss of tree protection credits and will require that the job be stopped until a revised Landscape Plan is approved. b. Tree Replacement Standards: 1. Any tree approved for removal shall be replaced with new trees in accordance with the following schedule: Caliper(Inches)of tree to be removed Number of Replacement Trees 30 or greater 6 13-29 5 8-12 4 4-7 2 2. In the event that a tree identified to be preserved is removed or damaged, such tree shall be replaced as follows: 9 Caliper(Inches) of tree to be removed Number of Replacement Trees 30 or greater 12 13-29 10 8-12 8 4-7 4 3. All replacement trees shall have a minimum caliper of two and one-half inches(2 %") and shall consist of the shade tree varieties listed under Permitted Plantings. 4. If the tree(s)approved for removal is(are) dead from natural causes prior to the date of the tree removal permit, then no replacement tree(s) are required for them. c. Approval Criteria: The City shall approve a tree removal application if one or more of the following conditions exist: 1. The tree to be removed poses a safety hazard to persons or property. 2. The tree is substantially diseased or weakened by age, storm, fire or other injury. 3. The tree removal is in accordance with good forestry practice such as when a parcel of land will only support a certain number of healthy trees which is less than the number of existing trees on the parcel. 4. The tree removal is of a nuisance tree listed under Section 3 General Standards, #7. 5. The tree removal is part of an approved overall landscape plan. d. Failure to Replace Trees: If replacement trees,which are required by the approved tree removal permit, are not planted within the time frame set out by the tree removal permit, the City may, at its option,replace the trees.All costs associated with purchasing and planting the replacement trees shall be charged to the owner or other person or entity causing the removal of the trees. SECTION 3: GENERAL STANDARDS 1. Landscape Plan: Prior to receiving site plan approval, a landscape plan shall be submitted to the City for review and approval. It is recommended that prior to submitting a site plan or landscape plan, a pre-submittal conference be conducted to review the site plan implications and the standards of this Chapter. The landscape plan shall contain the following information: 10 a. The location and dimensions of all existing and proposed structures,parking lots, sidewalks, ground signs,refuse disposal areas,free standing electrical equipment and other freestanding structural features. b. Name, location,right-of-way and pavement widths of abutting streets. c. The current zoning and land use for adjoining properties and properties located across abutting streets. d. The location, quantity, size and type(both botanical and common names)of all existing landscaping to be preserved and removed, and all proposed landscaping to be added. A separate document containing only the parkway tree list shall be included as part of the landscape plan submittal. e. The location and contours, at one foot(l') intervals, of all proposed berming and storm water detention/retention ponds. f. Specification of the type and boundaries of all proposed ground cover. g. Elevation and location of all existing and proposed fences. h. Location of all existing and proposed utilities and easements. i. Property line dimensions. 2. Quality: All trees shall be planted according to the minimum standards established by the American Association of Nurserymen. Plant material shall be grown in nurseries from the Central or Northern Illinois region. All trees shall be balled and burlapped(BB)and all shrubs shall be BB or container grown. The City may visit the nursery to tag trees for parkways,parks, or other city-owned properties. 3. The size of plant material required by this ordinance shall be as follows: Shade Tree—2 %2"caliper measured 6"above grade Evergreen Tree—8' (eight feet)tall Ornamental Tree—6' (six feet)tall Shrubs—24"(twenty-four inches)tall 4. Substitutions: For the purpose of providing flexibility in the landscape design substitutions may be allowed at the following rates: 1 Tree equals 1 Evergreen Tree I Tree equals 2 Ornamental Trees 1 Tree equals 10 Shrubs 5. A mixture of trees is required so that a maximum of 33%of the total amount of required trees should not be of the same genus(i.e. Acer,Malus, etc.) 11 6. Alternative Methods of Compliance: Site conditions may arise where normal compliance is impractical or impossible or where maximum achievement of the City's objectives can only be obtained through alternative methods. a. Requests for alternative methods of compliance may be considered by the City for any application to which the requirements of the Ordinance apply when one(1) or more of the following conditions are present: 1. Topography, soil,vegetation or other site conditions are such that full compliance is impossible or impractical, or improved environmental quality would result from the alternative compliance. 2. Space limitations or the existing character surrounding neighborhood may justify alternative compliance for infill sites and for improvements or redevelopment in older developed areas. 3. A change of use on an existing site increases the screening required to more than what is feasible to provide. 4. Safety considerations make alternative methods of compliance necessary. b. Requests for alternative methods of compliance shall be accompanied by sufficient explanation and justification,written and graphic, to allow appropriate evaluation and decisions by the City Planner. c. A proposed alternative compliance measure must be equal to or better than normal compliance in terms of quality, effectiveness, durability,hardiness and ability to meet the landscape standards of the Ordinance. d. Alternative compliance shall be limited to the specific project under consideration and shall not establish precedents for acceptance in other cases. 7. Credit for Existing Vegetation: Credit shall be given for existing trees preserved. This does not include any species found under the nuisance tree list. Each tree that is preserved with a caliper four inches(4")or larger and is listed under Permitted Plantings, shall be credited towards the required tree planting as follows. Other existing vegetation may be credited towards the required plantings subject to the review and approval of the City Planner. Caliper(Inches) of tree Trees credited towards to be preserved required plantings 30 or greater 6 13-29 5 8-12 4 4-7 2 12 No credit will be given for nuisance trees listed below: Nuisance Trees Scientific Name Common Name Acer negundo Boxelder Acer saccharinum Silver Maple Ailanthus altissima Tree of Heaven Eleagnus angustifolia Russian Olive Eleagnus umbellata Autumn Olive Fraxinus excelsior European Ash Gingko biloba Gingko (female) Koelreuteria paniculata Golden Rain Tree Maculra pomifera Osage Orange Morus alba White Mulberry Populus deltoides Cottonwood Rhamnus cathartica Common Buckthorn Robinia pseudoacacia Black Locust Salix, spp. Willow Sorbus americana Mountain Ash Ulmus pumila Siberian Elm 8. Permitted Plantings: The plantings used to meet the requirements of this ordinance shall be selected from the list of approved plant material. Soft maples that are not on the approved shade tree list below will not be accepted. The shade trees marked with an asterisk(*) are acceptable parkway trees. All trees listed are suitable for all landscape uses including natural areas, detention basins,berms,bufferyards, etc. Permitted Planting List Scientific Name Common Name Shade Trees Aesculus flava Yellow Buckeye Aesculus glabra Ohio Buckeye Aesculus hippocastanum Common Horsechestnut Acer miyabei `Morton' State Street Miaybe Maple* Acer platanoides, spp. Norway Maple `Deborah' `Deborah' Norway Maple* Emerald Lustre® Emerald Lustre S* `Summershade' `Summershade'* `Superform' `Superform'* Acer nigrum, spp. Black Maple `Greencolumn' Greencolumn Black Maple* Acer rubrum, spp. Red Maple Autumn Flame Autumn Flame'* `Brandywine' 'Brandywine'* `Franksred' Red Sunset®* 13 Scientific Name Common Name Shade Trees(cont'd) Acer saccharum, spp. Sugar Maple Legacy Legacy°* `Morton' Crescendo* `PNI 0285' Green Mountain°* Carya cordiformis Bittemut Hickory Carya ovata Shagbark Hickory Catalpa speciosa Northern Catalpa Celtis occidentalis, spp. Common Hackberry* `Chicagoland' `Chicagoland'* `Windy City' `Windy City'* Cercidiphyllum japonicum Katsuratree Cladastris kentukea American Yellowwood* Corylus colurna Turkish Filbert* Fagus sylvatica European Beech `Riversii' Rivers Purple Leaf Beech Ginkgo biloba, spp. (Male only) Ginkgo `Autumn Gold' `Autumn Gold'* `Magyar' 'Magyar'* `PN 22720' `Princeton Sentry'* Gleditisia tricanothos var. inermis, spp. Thornless Honey Locust* `Skyline' Skyline'* `Shademaster' Shademastera* `Suncole' Suncolea* Gymnocladus dioica, spp. Kentucky Coffeetree `Espresso' `Espresso'* `Prairie Titan' Prairie TitanTM* Juglans nigra Black Walnut Liquidambar styracijlua American Sweetgum Liriodendron tulipifera Tuliptree Nyssa sylvatica Black Tupelo Phellodendron amurense `Macho' Amur Corktree Phellodendron lavallei `Longnecker' EyestopperTM Lavalle Corktree Phellodendron sachalinense `His Majesty' Sakhalin Corktree Platanus x acerfolia London Planetree `Bloodgood' Bloodgood London Planetree `Exclamation' Exclamation Planetree Platanus occidentalis Sycamore Populus deltoides, spp. Eastern Cottonwood(male) `Siouxland' Siouxland Poplar Pyrus calleryana, spp. Callery Pear* `Cleveland Select' `Chanticleer'* Aristocrat Aristocrat®* `Redspire' `Redspire'* Quercus alba White Oak Quercus bicolor Swamp White Oak* 14 Scientific Name Common Name Shade Trees (cont'd) Quercus bicolor x robur`Fastigiata' Regal PrinceTM Oak Quercus coccinea Scarlet Oak Quercus imbricaria Shingle Oak Quercus macrocarpa Bur Oak* Quercus muehlenbergii Chinkapin Oak* Quercus rubra Red Oak* Quercus x macdenielli `Clemon's' Heritages Oak* Taxodium distichum Baldcypress Tilia americana, spp. American Linden* Tilia cordata, spp. Littleleaf Linden* Tilia tomentosa, spp. Silver Linden* Tilia `Redmond' Redmond Linden* Tilia x flavescens `Glenleven' Glenleven Linden* Ulmus americana, spp. American Elm `Valley Forge' `Valley Forge'* `Princeton' `Princeton'* `New Harmony' `New Harmony'* Ulmus `Morton' Accolade Elm* Ulmus `Morton Glossy' Triumph T'Elm* Ulmus `Frontier' `Frontier' Elm* Ulmus `Patriot' `Patriot' Elm* Ulmus wilsoniana `Prospector' Elm* Ulmus x Homestead `Homestead' Elm* Ulmus x Regal `Regal' Elm* *Acceptable parkway tree. Ornamental Trees Acer campestre Hedge Maple Acer tataricum, spp. Tatarian Maple `GarAnn' `GarAnn' `Patdell' `Patdell' `Summer Splendor' `Summer Splendor' Acer tatariucum subsp.ginnala, spp. Amur Maple Alnus glutinosa Alder Amelanchier canadensis Shadblow Serviceberry Amelanchier x grandiflora, spp. Apple Serviceberry Amelanchier laevis, spp. Allegheny Serviceberry Betula nigra, spp. River Birch `Cully' Heritage' Betula papyrifera, spp. Paper Birch `Varen' Prairie Dream° `Whitespire' Whitespire White Birch Carpinus betulus Hornbeam `Fastigiata' Columnar Hornbeam. 15 Scientific Name Common Name Ornamental Trees (cont'd) Carpinus caroliniana Ironwood Cercis canadensis Eastern Redbud Cornus alternifolia Pagoda Dogwood Cornus mas Corneliancherry Dogwood Crataegus crus-galli var. inermis Thornless Cockspur Hawthorn `Cruzam' Crusader® Crataegus mollis Downy Hawthorn Crataegus phaenopyrum Washington Hawthorn Crataegus viridis `Winter King' Winter King Hawthorn Maackia amurensis, spp. Amur maackia `Starburst' `Starburst' Summertime Summertime Magnolia stellata, spp. Star Magnolia Malus spp.** Flowering Crabapple** Ostrya virginiana American Hophornbeam Prunus maackii Amur Chokecherry Prunus sargentii Sargent Cherry Prunus `Accolade' Accolade Cherry Syringa pekinensis, spp. Peking Lilac Syringa reticulata, spp. Japanese Tree Lilac ** Species selected must be primarily disease resistant with small fruits. Eversreens Abies concolor White Fir Picea abies Norway Spruce Picea glauca White Spruce Picea glauca var. densata Black Hills Spruce Picea pungens Colorado Spruce Picea pungens var.glauca Blue Colorado Spruce Pinus flexis `Yanderwo r Vanderwolf Limber Pine Pinus strobiformis Southwestern White Pine Pinus strobus White Pine Pseudotsuga menziesii Douglas Fir Shrubs Those species and varieties hardy to USDA Zone 5. Other plant material not listed may be allowed on a case-by-case basis a determined by the City Planner. 9. Completion of Landscape Improvements: All required landscape improvements shall be installed prior to the issuance of a certificate of occupancy. If landscape improvements are unable to be completed due to weather conditions which, in the determination of the 16 City, are unfavorable for plant survival and growth, a temporary certificate of occupancy, valid for no more than six(6)months,may be issued. 10. Replacements: The developer shall be responsible for replacing all required landscape improvements that die during a period of two(2)years from the date of installation. The City shall use the bond to replace any plant material if the developer fails to do so within thirty(30) days of notification by the City. After the two-year period,the property owner shall be responsible for maintaining and replacing any required plant material that dies. 11. Appeals: Any applicant may appeal any decision of the City Planner to the Zoning Board of Appeals for recommendation to the City Council. a. Any appeal to the standards of this chapter may be considered by the City Council when one or more of the following conditions are present: 1. Topography, soil,vegetation or other site conditions are such that full compliance is impossible or impractical, or improved environmental quality would result from the alternative compliance. 2. Space limitations or the existing character surrounding neighborhood may justify alternative compliance for infill sites and for improvements or redevelopment in older developed areas. 3. A change of use on an existing site increases the screening required to more than is feasible to provide. 4. Safety considerations make alternative methods of compliance necessary. b. Requests for alternative methods of compliance shall be accompanied by sufficient explanation and justification,written and graphic,to allow appropriate evaluation and decisions by the City Council. c. A proposed alternative compliance measure must be equal to or better than normal compliance in terms of quality, effectiveness, durability,hardiness and the ability to meet the landscape standards of the Ordinance. d. Alternative compliance shall be limited to the specific project under consideration and shall not establish precedents for acceptance in other cases. 12. Severability: The various parts, sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence,paragraph, section, or clause is adjudged unconstitutional or invalid by a Court of Competent jurisdiction,the remainder of the Resolution shall not be affected thereby. 13. Repealer: Any Ordinance or parts thereof in conflict with the provisions of this Ordinance is hereby repealed to the extent of such conflict. 17 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 18 Reviewed By: J2 �T Legal ❑ City Council Finance ❑ EST. ' 1836 Engineer P4,, + C1 a, City Administrator ❑ U Agenda Item Tracking Number Consultant ❑ Pw Stool:- l te S SC El City Council Agenda Item Summary Memo Title: BP Amoco Redevelopment— Sidewalk Agreement City Council/ Committee of the Whole Date: 9/19/06 Committee of the Whole Synopsis: This agreement allows the construction of the sidewalk along this property's Route 47 and Route 34 frontages to be delayed. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approve the agreement and authorize the City Administrator to sign the document. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: o United City of Yorkville Memo 800 Game Farm Road EST 1 _.< 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 pV Fax: 630-553-3436 SCE Date: September 11, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer Lv� CC: Lisa Pickering, Deputy City Cl Subject: BP Amoco Redevelopment—Sidewalk Agreement Attached find one copy of the proposed sidewalk agreement for the referenced development. This agreement allows the property owner to delay the construction of public sidewalk along its Route 34 and Route 47 frontage until one of the following items occurs: • Completion of the Route 47 improvements. • Prior to the property being sold. • Within 6 months of a written request from the city to construct the sidewalk. I recommend that this agreement be approved and recorded against the property. Please place this item on the Committee of the Whole agenda of September 19, 2006 for consideration. STATE OF ILLINOIS ) COUNTY OF KENDALL ) SIDEWALKS INSTALLATION COVENANT WHEREAS,the undersigned, BP Product,N.A., (hereinafter referred to as "Owner/Developer'), is the owner of the real property upon which is now situated an improved structure(hereinafter referred to as"Property") described in the Exhibit"A", attached hereto and on incorporated herein by reference; and WHEREAS, said Property located at 1402 N. Bridge Street in the United City of Yorkville, Kendall County, Illinois is zoned B-3; and WHEREAS, the United City of Yorkville has/will heretofore issued a building permit for the construction of the improvements on said Property and, incidental thereto, requiring the installation of sidewalks along the frontage of the Property adjacent to Illinois Route 47 and US Route 34; and WHEREAS, at the present time,public sidewalk does not exist on Illinois Route 47 and US Route 34 in the general vicinity of the subject property and the undersigned, as the owner,has requested the United City of Yorkville that it be permitted to defer the installation of the sidewalks; and WHEREAS, the Untied City of Yorkville has agreed to allow Owner/Developer to delay and defer the installation of this sidewalk on the Property in further accordance with the provisions of this Covenant. NOW, THEREFORE, the undersigned BP Product, N.A. does herewith covenant and agree with the United City of Yorkville that, in consideration of the City issuing the Building permit for the commercial building located on the real property described in Exhibit"A", that the undersigned, or their heirs, successors or assigns, shall cause sidewalks to be installed along the frontage of the Property along Illinois Route 47 and US Route 34 in accordance with the Ordinances and guidelines of the United City of Yorkville, then in effect, regulating the installation of sidewalks, upon the happening of the first of the following events: (a) when sidewalks are extended along Illinois Route 47 and/or US Route 34 by others to the edge of the subject property or(b) prior to the Property being sold or(c) within six(6)months written request by the United City of Yorkville for the installation of sidewalks. This Covenant shall run with the land and shall be binding upon and shall be obligatory upon the undersigned Owners, and their heirs, successors and assigns. IN WITNESS WHEREOF, the undersigned have executed this Covenant this day of , 2006. OWNER/DEVELOPER: Owner Owner APPROVED and ACCEPTED UNITED CITY OF YORKVILLE By: City Administrator Exhibit"A" Parcel 1 Lot 2 of Countryside Center, Unit 5, in the United City of Yorkville, Kendall County, Illinois Parcel 2 Easement for ingress and egress as created by deed dated 10/14/88 and recorded on 1/4/89 as Document# 890062 made by Amoco Oil Company to Aurora Fast Foods, Inc. for the benefit of Parcel 1 over the easterly 32.00 feet of Lot 1 Countryside Center, Unit No. 5, in the United City of Yorkville, Kendall County, IL pW as Reviewed By: J2 �� Legal ❑ City Council Finance El yeas Engineer -C y City Administrator ❑ Agenda Item Tracking Number 09 O Consultant ❑ p W a o o to- I v to LE City Council Agenda Item Summary Memo Title: IDOT Highway Permit—Speedway Station City Council/Committee of the Whole Date: Sept. 19, 2006 Committee of the Whole Synopsis: This highway permit is for upgrades to the existing driveway entrances and related improvements. 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 the application. Pass resolution guaranteeing satisfactory completion of the work. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: clr o United City of Yorkville Memo 800 Game Farm Road EST ,aas Yorkville, Illinois 60560 1 Telephone: 630-553-8545 Fax: 630-553-3436 Date: September 8, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer V CC: Lisa Pickering, Deputy City Clerk Subject: IDOT Highway Permit— Speedway Station Attached find one copy each of a proposed IDOT highway permit and the corresponding resolution for upgrade of driveway entrances and related improvements associated with the redevelopment of the Speedway site at the NE corner of Illinois Route 47 and Fox Street. 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 September 19, 2006 for consideration. Illinois Department of Transporta#ion Highway Permit District Serial No. L-10442 Whereas, I (We) United City of Yorkville/Speedway c/o W-T Civil Engineering, LLC 39 E. Scully Drive (Name of Applicant) (Mailing Address) Schaumburg - IL 60193 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 North of Fox Street. Upon approval this permit authorizes the applicant to locate, construct, operate and maintain at the above mentioned location, commercial entrance upgrades 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 2006 Witness Signed Applicant 800 GamE: Farm Road 800 Gaire 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 August 30,2006 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 arid 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 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. RESOLUTION WHEREAS, the United City of Yorkville is located in the county of Kendall, state of Illinois, wishes to upgrade existing commercial entrances 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 United City of Yorkville; now THEREFORE, be it resolved by the United 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 United City of Yorkville to proceed with the work herein described and as shown on enclosed detailed plans. SECOND: Upon completion of the upgrades 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 United City of Yorkville will hold the state of Illinois harmless for any damages that may occur to persons or property during such work. The United City of Yorkville 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*, is not, (delete one) to be performed by the employees of the United City of Yorkville. FOURTH: That the proper officers of the United City of Yorkville are hereby instructed and authorized to sign said permit in behalf of the United City of Yorkville. I,City Clerk , hereby certify the above to be a true copy of the resolution passed by the City Council of the United City of Yorkville, county of Kendall, State of Illinois. Dated this day of A.D. 2006 (Signature) (CORPORATE SEAL) RESOLUTION DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 08:46:21 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ ACCURINT ACCURINT - ACCOUNT #1249304 124930420060831 08/31/06 01 POLICE-BACKGROUND CHECKS 01-210-65-00-5804 09/26/06 76.75 OPERATING SUPPLIES INVOICE TOTAL: 76.75 VENDOR TOTAL: 76.75 ACTION ACTION GRAPHIX LTD 939 08/29/06 01 POLICE-BANNER 01-210-62-00-5423 09/26/06 75.00 CLASY GRANT INVOICE TOTAL: 75.00 947 09/01/06 01 STREETS-PARKING SIGN BANNERS 01-410-65-00-5804 00203365 09/26/06 144.60 OPERATING SUPPLIES 02 & SIGNS ** COMMENT ** INVOICE TOTAL: 144.60 VENDOR TOTAL: 219.60 AIRRIDE AIR RIDE TECHNOLOGIES 6228 08/28/06 01 POLICE-AIR COMPRESSOR 01-210-62-00-5409 00303618 09/26/06 279.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 279.00 VENDOR TOTAL: 279.00 ALTEC ALTEC INDUSTRIES, INC. 8048901A 07/20/06 01 PW CAPITAL-BUCKET TRUCK 21-000-75-00-7005 00203445 09/26/06 450.00 VEHICLES INVOICE TOTAL: 450.00 VENDOR TOTAL: 450.00 ANDERSON ANDERSON UNDERGROUND, INC. 090706-DEUCHLER 09/07/06 01 SEWER IMPROV-ROB ROY CREEK 37-000-75-00-7505 09/26/06 224,410.28 ROB ROY CREEK SANITARY _^ U-1 1 P1 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 08:46:21 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ ANDERSON ANDERSON UNDERGROUND, INC. 090706-DEUCHLER 09/07/06 02 INTERCEPTOR NORTH BRANCH ** COMMENT ** 09/26/06 03 CONTRACT #1 ** COMMENT ** INVOICE TOTAL: 224,410.28 VENDOR TOTAL: 224,410.28 ARROLAB ARRO LABORATORY, INC. 36190 08/24/06 01 WATER OP-COLIFORM 51-000-65-00-5822 09/26/06 70.00 WATER SAMPLES INVOICE TOTAL: 70.00 36223 08/31/06 01 WATER OP-SAMPLES 51-000-65-00-5822 00203432 09/26/06 270.00 WATER SAMPLES INVOICE TOTAL: 270.00 VENDOR TOTAL: 340.00 ATLAS ATLAS BOBCAT B10631 09/02/06 01 STREETS-PALELT FORKS 01-410-62-00-5408 00203441 09/26/06 394.46 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 394.46 VENDOR TOTAL: 394.46 AURBLA AURORA BLACKTOP 17806 09/01/06 01 MFT-HOT PATCH 15-000-75-00-7111 00203442 09/26/06 2,606.70 HOT PATCH INVOICE TOTAL: 2,606.70 VENDOR TOTAL: 2,606.70 BCBS BLUE CROSS BLUE SHIELD 081506 08/15/06 01 ADMIN-SEPT HEALTH INSURANCE 01-110-50-00-5203 09/26/06 71,572.53 BENEFITS - HEALTH INSURANC INVOICE TOTAL: 71,572.53 VENDOR TOTAL: 71,572.53 P2 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 08:46:21 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ BNY THE BANK OF NEW YORK TRUST 083006-SSA 09/11/06 01 ADMIN-RAINTREE VILLAGE SSA 01-000-13-00-1374 09/26/06 144,751.26 A/R - SSA DISPURSEMENTS 02 DISPURSEMENTS ** COMMENT ** INVOICE TOTAL: 144,751.26 VENDOR TOTAL: 144,751.26 CAMBRIA CAMBRIA SALES COMPANY INC. 23040 08/28/06 01 ADMIN-TOWELS, LINERS, SWIFFER, 01-110-65-00-5804 00101822 09/26/06 299.22 OPERATING SUPPLIES 02 TOILET TISSUE, CLOROX WIPES ** COMMENT ** INVOICE TOTAL: 299.22 VENDOR TOTAL: 299.22 CENTRALL CENTRAL LIMESTONE COMPANY, INC 5312 08/31/06 01 STREETS-GRAVEL 01-410-65-00-5817 09/26/06 61.26 GRAVEL INVOICE TOTAL: 61.26 VENDOR TOTAL: 61.26 CHEMICAL CHEMICAL PUMP SALES 6548 08/31/06 01 WATER OP-DEHUMIDIFIER FOR 51-000-62-00-5407 00203431 09/26/06 2,700.00 TREATMENT FACILITIES O&M 02 WELLS 3 & 4 ** COMMENT ** INVOICE TOTAL: 2,700.00 6549 08/31/06 01 WATER OP-FILTER 51-000-62-00-5407 00203431 09/26/06 36.00 TREATMENT FACILITIES O&M INVOICE TOTAL: 36.00 VENDOR TOTAL: 2,736.00 CITYTECH CITY TECH USA INC. P3 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 08:46:21 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ CITYTECH CITY TECH USA INC. 494 08/10/06 01 ADMIN-PUBLIC SALARY ANNUAL FEE 01-110-64-00-5600 09/26/06 230.00 DUES INVOICE TOTAL: 230.00 VENDOR TOTAL: 230.00 CIVIL CIVIL & ENVIRONMENTAL 25293 08/29/06 01 PLAN/DEV-THREE PROPERTY 01-220-62-00-5401 09/26/06 270.00 CONTRACTUAL SERVICES 02 ASSESMENTS BROWNFIELD CONSULT ** COMMENT ** INVOICE TOTAL: 270.00 VENDOR TOTAL: 270.00 COMED COMMONWEALTH EDISON 0662076002-0806 08/26/06 01 STREETS-CITY LIGHTS 01-410-62-00-5435 09/26/06 1,899.25 ELECTRICITY INVOICE TOTAL: 1,899.25 1438043050-0906 09/02/06 01 SEWER OP-LIFT STATIONS 52-000-62-00-5435 09/26/06 759.42 ELECTRICITY INVOICE TOTAL: 759.42 2019099044-0906 09/02/06 01 WATER OP-CITY WELLS 51-000-62-00-5435 09/26/06 9,413.84 ELECTRICITY INVOICE TOTAL: 9,413.84 4438001000-0806 08/19/06 01 STREETS-CITY LIGHTS 01-410-62-00-5435 09/26/06 2,583.58 ELECTRICITY INVOICE TOTAL: 2,583.58 6819027011-0906 09/01/06 01 STREETS-PARK & REC BUILDINGS 01-410-62-00-5435 09/26/06 678.44 ELECTRICITY INVOICE TOTAL: 678.44 VENDOR TOTAL: 15,334.53 P4 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 08:46:21 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ DEUCHLER WALTER E. DEUCHLER ASSOCIATES 11223 08/31/06 01 SEWER IMPROV-COUNTRYSIDE 37-000-62-00-5402 09/26/06 3,304.33 ENG/LGL/CONTINENCY-COUNTRY 02 INTERCEPTOR & P.S. ** COMMENT ** INVOICE TOTAL: 3,304 .33 11224 08/31/06 01 SEWER IMPROV-SOUTHWEST INTERC. 37-000-75-00-7506 09/26/06 645.26 SOUTHWEST SVC AREA INTERCE INVOICE TOTAL: 645.26 11225 08/31/06 01 SEWER IMPROV-ROB ROY CREEK 37-000-75-00-7505 09/26/06 6,658.91 ROB ROY CREEK SANITARY 02 INTERCEPTOR ** COMMENT ** INVOICE TOTAL: 6,658.91 11226 08/31/06 01 SEWER IMPROV-NORTH BRANCH 37-000-75-00-7505 09/26/06 18,897.60 ROB ROY CREEK SANITARY 02 CONTRACT #1 CONSTRUCTION ** COMMENT ** INVOICE TOTAL: 18,897.60 11227 08/31/06 01 SEWER IMPROV-EAST BRANCH ROB 37-000-75-00-7505 09/26/06 7,415.18 ROB ROY CREEK SANITARY 02 ROY CREEK INTERCEPTOR ** COMMENT ** INVOICE TOTAL: 7,415.18 11228 08/31/06 01 WATER IMPROV-GAWNE LN. WATER- 41-000-65-00-5421 09/26/06 337.26 GIS SYSTEM 02 MAIN & ROADWAY IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 337.26 VENDOR TOTAL: 37,258.54 DOMESTIC DOMESTIC UNIFORM RENTAL 083106 08/31/06 01 STREETS-AUGUST UNIFORMS 01-410-62-00-5421 09/26/06 198.17 WEARING APPAREL P5 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 08:46:21 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ DOMESTIC DOMESTIC UNIFORM RENTAL 083106 08/31/06 02 WATER OP-AUGUST UNIFORMS 51-000-62-00-5421 09/26/06 198.17 WEARING APPAREL 03 SEWER OP-AUGUST UNIFORMS 52-000-62-00-5421 198.18 WEARING APPAREL INVOICE TOTAL: 594.52 VENDOR TOTAL: 594.52 DRILLERS DRILLERS SERVICE, INC. 4123590-00 08/24/06 01 WATER OP-PVC, PVC CLEANER 51-000-65-00-5804 09/26/06 24.08 OPERATING SUPPLIES INVOICE TOTAL: 24.08 VENDOR TOTAL: 24.08 EBC EMPLOYEE BENEFITS CORPORATION 259192 08/15/06 01 ADMIN-SEPT ADMINISTRATION FEES 01-110-72-00-6501 09/26/06 120.00 SOCIAL SECURITY & MEDICARE INVOICE TOTAL: 120.00 VENDOR TOTAL: 120.00 EEI ENGINEERING ENTERPRISES, INC. 37134 08/31/06 01 WATER IMPROV-FEDERAL GRANT 41-000-61-00-5410 09/26/06 802.50 ENGINEERING-CENTRAL ZONE C 02 APPLICATION ** COMMENT ** INVOICE TOTAL: 802.50 37135 08/31/06 01 WATER IMPROV-CONTRACT B.3 41-000-61-00-5401 09/26/06 548.50 ENGINEERING-RADIUM CONT B2 02 WELLS #3 & #4 RAW WM & KING ** COMMENT ** 03 STREET WM ** COMMENT ** INVOICE TOTAL: 548.50 37136 08/31/06 01 ARO-WESTBURY VILLAGE 01-000-13-00-1372 09/26/06 1,833.00 A/R - OTHER P6 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 08:46:21 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ EEI ENGINEERING ENTERPRISES, INC. 37136 08/31/06 02 UNDESSER PROPERTY ** COMMENT ** 09/26/06 INVOICE TOTAL: 1,833.00 37137 08/31/06 01 WATER IMPROV-RADIUM VIOLATION 41-000-61-00-5401 09/26/06 184.50 ENGINEERING-RADIUM CONT B2 02 RESPONSE ** COMMENT ** INVOICE TOTAL: 184.50 37138 08/31/06 01 ARO-GRANDE RESERVE MPI 01-000-13-00-1372 09/26/06 2,589.00 A/R - OTHER INVOICE TOTAL: 2,589.00 37139 08/31/06 01 WATER IMPROV-CONTRACT B.1 41-000-61-00-5401 09/26/06 10,034.83 ENGINEERING-RADIUM CONT B2 02 WELLS #3 & #4 TREATMENT ** COMMENT ** 03 FACILITY ** COMMENT ** INVOICE TOTAL: 10,034.83 37140 08/31/06 01 WATER IMPROV-CONTRACT B.2 41-000-61-00-5401 08/31/06 307.00 ENGINEERING-RADIUM CONT B2 02 STATE ST. FINISHED WATERMAIN ** COMMENT ** INVOICE TOTAL: 307.00 37141 08/31/06 01 WATER IMPROV-CONTRACT C.7 41-000-61-00-5410 08/31/06 116.25 ENGINEERING-CENTRAL ZONE C 02 WELL #7 WELL HOUSE & TREATMENT ** COMMENT ** INVOICE TOTAL: 116.25 37142 08/31/06 01 WATER IMPROV-CONTRACT D.1 41-000-75-00-7509 09/26/06 2,400.00 SCADA SYSTEM 02 SCADA SYSTEM INTERGRATION ** COMMENT ** INVOICE TOTAL: 2,400.00 37143 08/31/06 01 ARO-CONTRACT E.5 GALENA ROAD 01-000-13-00-1372 09/26/06 3,400.00 A/R - OTHER P7 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 08:46:21 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ EEI ENGINEERING ENTERPRISES, INC. 37143 08/31/06 02 FINISHED WATERMAIN ** COMMENT ** 09/26/06 INVOICE TOTAL: 3, 400.00 37144 08/31/06 01 ARO-CONTRACT E.6 ROUTE 34 01-000-13-00-1372 09/26/06 378.00 A/R - OTHER 02 FINISHED WATERMAIN ** COMMENT ** INVOICE TOTAL: 378.00 37145 08/31/06 01 STREETS-GRANDE RESERVE 01-410-75-00-7099 09/26/06 3,622.50 GRANDE RESERVE PERIMETER R 02 PERIMETER ROADYWAY RECONST. ** COMMENT ** INVOICE TOTAL: 3, 622.50 37147 08/31/06 01 ARO-BRISTOL BAY 01-000-13-00-1372 09/26/06 16,293.00 A/R - OTHER INVOICE TOTAL: 16,293.00 37148 08/31/06 01 ARO-EVERGREEN FARM ESTATES 01-000-13-00-1372 09/26/06 594.00 A/R - OTHER INVOICE TOTAL: 594.00 37149 08/31/06 01 ARO-WESTBURY SOUTH 01-000-13-00-1372 09/26/06 1,221.00 A/R - OTHER INVOICE TOTAL: 1,221.00 37150 08/31/06 01 ENG-RAYMOND STORM SEWER 01-150-62-00-5401 09/26/06 5,314.20 CONTRACTUAL SERVICES 02 OUTFALL ** COMMENT ** INVOICE TOTAL: 5,314.20 37151 08/31/06 01 ARO-AUTUMN CREEK 01-000-13-00-1372 09/26/06 836.00 A/R - OTHER INVOICE TOTAL: 836.00 37152 08/31/06 01 ARO-MONTALBANO HOMES 01-000-13-00-1372 09/26/06 2,377.50 A/R - OTHER INVOICE TOTAL: 2,377.50 P8 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 08:46:21 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ EEI ENGINEERING ENTERPRISES, INC. 37153 08/31/06 01 ARO-PRESTWICK OF YORKVILLE 01-000-13-00-1372 09/26/06 18,703.50 A/R - OTHER INVOICE TOTAL: 18,703.50 37154 08/31/06 01 ARO-KENDALLWOOD ESTATES 01-000-13-00-1372 09/26/06 3,222.00 A/R - OTHER INVOICE TOTAL: 3,222.00 37155 08/31/06 01 ARO-ASPEN RIDGE ESTATES 01-000-13-00-1372 09/26/06 5,576.25 A/R - OTHER INVOICE TOTAL: 5,576.25 37156 08/31/06 01 ARO-MEADOWBROOK HOMES 01-000-13-00-1372 09/26/06 660.00 A/R - OTHER INVOICE TOTAL: 660.00 37157 08/31/06 01 ARO-HERREN PROPERTY 01-000-13-00-1372 09/26/06 792.00 A/R - OTHER INVOICE TOTAL: 792.00 37158 08/31/06 01 ARO-KONICEK PROPERTY 01-000-13-00-1372 09/26/06 595.50 A/R - OTHER INVOICE TOTAL: 595.50 37159 08/31/06 01 ARO-SCHRAMM PROPERTY 01-000-13-00-1372 09/26/06 363.00 A/R - OTHER INVOICE TOTAL: 363.00 37160 08/31/06 01 ARO-MPI SOUTH 01-000-13-00-1372 09/26/06 2,812.50 A/R - OTHER INVOICE TOTAL: 2,812.50 37161 08/31/06 01 ARO-SILVER FOX SUBDIVISION 01-000-13-00-1372 09/26/06 132.00 A/R - OTHER INVOICE TOTAL: 132.00 P9 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 08:46:21 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ EEI ENGINEERING ENTERPRISES, INC. 37162 08/31/06 01 ARO-KLEINWACHTER PROPERTY 01-000-13-00-1372 09/26/06 231.00 A/R - OTHER INVOICE TOTAL: 231.00 37163 08/31/06 01 ARO-VILLAS AT THE PRESERVE 01-000-13-00-1372 09/26/06 3, 696.00 A/R - OTHER INVOICE TOTAL: 3,696.00 37164 08/31/06 01 ARO-O'KEEFE PROPERTY 01-000-13-00-1372 09/26/06 2,841.00 A/R - OTHER INVOICE TOTAL: 2,841.00 37165 08/31/06 01 ARO-HEARTLAND CROSSING 01-000-13-00-1372 09/26/06 1,159.50 A/R - OTHER INVOICE TOTAL: 1,159.50 37166 08/31/06 01 ARO-PASQUINELLI GRANDE RESERVE 01-000-13-00-1372 09/26/06 4,512.00 A/R - OTHER INVOICE TOTAL: 4,512.00 37167 08/31/06 01 ARO-HUDSON LAKES 01-000-13-00-1372 09/26/06 858.00 A/R - OTHER INVOICE TOTAL: 858.00 37168 08/31/06 01 ARO-R.A. FAGANEL BUILDERS 01-000-13-00-1372 09/26/06 907.50 A/R - OTHER INVOICE TOTAL: 907.50 37169 08/31/06 01 ARO-COOPER PROPERTY 01-000-13-00-1372 09/26/06 3,534.00 A/R - OTHER INVOICE TOTAL: 3,534.00 37170 08/31/06 01 ARO-ROUTE 47 & FOX ROAD IDS 01-000-13-00-1372 09/26/06 970.50 A/R - OTHER INVOICE TOTAL: 970.50 P10 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 08:46:21 DETAIL BOARD REPORT ID: AP991000.WOW INVOICES DUE ON/BEFORE 09126/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ EEI ENGINEERING ENTERPRISES, INC. 37171 08/31/06 01 ARO-COBBLESTONE COMMONS 01-000-13-00-1372 09/26/06 1,720.50 A/R - OTHER INVOICE TOTAL: 1,720.50 37172 08/31/06 01 ARO-47 CORNEILS 01-000-13-00-1372 09/26/06 264.00 A/R - OTHER INVOICE TOTAL: 264.00 37173 08/31/06 01 ARO-WESTBURY WEST VILLAGE 01-000-13-00-1372 09/26/06 618.00 A/R - OTHER INVOICE TOTAL: 618.00 37174 08/31/06 01 ARO-WESTBURY NORTH VILLAGE 01-000-13-00-1372 09/26/06 366.00 A/R - OTHER INVOICE TOTAL: 366.00 37175 08/31/06 01 ARO-WESTBURY MIDDLE VILLAGE 01-000-13-00-1372 09/26/06 333.00 A/R - OTHER INVOICE TOTAL: 333.00 37176 08/31/06 01 ARO-BRISTHTON OAKS II 01-000-13-00-1372 09/26/06 495.00 A/R - OTHER INVOICE TOTAL: 495.00 37177 08/31/06 01 ARO-CONTRACT F.6 GREENBRIAR 01-000-13-00-1372 09/26/06 1,086.00 A/R - OTHER 02 ROAD EXTENSION ** COMMENT ** INVOICE TOTAL: 1,086.00 37178 08/31/06 01 ARO-SIX PILLARS OFYORKVILLE 01-000-13-00-1372 09/26/06 693.00 A/R - OTHER INVOICE TOTAL: 693.00 37179 08/31/06 01 ARO-PRAIRIE POINTE 01-000-13-00-1372 09/26/06 4,093.50 A/R - OTHER INVOICE TOTAL: 4,093.50 P11 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 08:46:21 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ EEI ENGINEERING ENTERPRISES, INC. 37180 08/31/06 01 ARO-BLACKBERRY WOODS 01-000-13-00-1372 09/26/06 4,983.00 A/R - OTHER INVOICE TOTAL: 4,983.00 VENDOR TOTAL: 119,070.03 ENGLISH ENGLISH & SONS LANDSCAPING INC M64200-08 09/01/06 01 STREETS-FOX HILL SSA MOWING 01-410-75-00-7104 00203434 09/26/06 848.00 FOX HILL SSA EXPENSES INVOICE TOTAL: 848.00 VENDOR TOTAL: 848.00 ENVIRO SOUTHERN ILLINOIS UNIVERSITY 082806 08/28/06 01 WATER OP-REG. FEE WATER CLASS 51-000-64-00-5604 00203291 09/26/06 460.00 TRAINING & CONFERENCES INVOICE TOTAL: 460.00 VENDOR TOTAL: 460.00 FIRST FIRST PLACE RENTAL 143464 09/01/06 01 SEWER OP-JUNE LOCATE PAINT 52-000-62-00-5419 00203424 09/26/06 380.72 MAINTENANCE-SANITARY SEWER INVOICE TOTAL: 380.72 VENDOR TOTAL: 380.72 FLEET FLEET SAFETY SUPPLY 38160 08/29/06 01 STREETS-LIGHTS 01-410-62-00-5409 00203444 09/26/06 202.95 MAINTENANCE-VEHICLES INVOICE TOTAL: 202.95 VENDOR TOTAL: 202.95 FOXRIDGE FOX RIDGE STONE P12 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 08:46:21 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ FOXRIDGE FOX RIDGE STONE 8104 08/31/06 01 STREETS-GREAVEL & DUMPING 01-410-62-00-5420 00203364 09/26/06 827.49 MAINTENANCE-STORM SEWER 02 CHARGES FROM ST. SWEEPING ** COMMENT ** INVOICE TOTAL: 827.49 VENDOR TOTAL: 827.49 FOXVALLE FOX VALLEY TROPHY & AWARDS 21111 08/31/06 01 PLAN/DEV-NAME PLATE 01-220-75-00-7003 09/26/06 8.00 OFFICE EQUIPMENT 02 ADMIN-NAME PLATE 01-110-75-00-7003 9.00 OFFICE EQUIPMENT INVOICE TOTAL: 17.00 VENDOR TOTAL: 17.00 FOXVALSA FOX VALLEY SANDBLASTING 14144 08/30/06 01 STREETS-SANDBLAST LAMP POST 01-410-62-00-5414 09/26/06 100.00 MAINTENANCE-TRAFFIC SIGNAL 02 PARTS, & POWDER COAT ** COMMENT ** INVOICE TOTAL: 100.00 VENDOR TOTAL: 100.00 GREATAME GREATAMERICA LEASING CORP. 5712144 08/28/06 01 ADMIN-GESTETNER LEASE 01-110-62-00-5412 09/26/06 736.00 MAINTENANCE - PHOTOCOPIERS INVOICE TOTAL: 736.00 5740807 09/06/06 01 ADMIN-6 GESTETNER COPIERS 01-110-62-00-5412 09/26/06 1,228.69 MAINTENANCE - PHOTOCOPIERS INVOICE TOTAL: 1,228.69 VENDOR TOTAL: 1,964.69 HAPPY HAPPY HOUNDS P13 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 08:46:22 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ HAPPY HAPPY HOUNDS 8050011 08/23/06 01 POLICE-DOG FOOD 01-210-65-00-5804 09/26/06 73.90 OPERATING SUPPLIES INVOICE TOTAL: 73.90 VENDOR TOTAL: 73.90 HARRIS HARRIS CT000082 09/01/06 01 ADMIN-MSI TRAINING 01-110-64-00-5605 09/26/06 375.00 TRAVEL/MEALS/LODGING INVOICE TOTAL: 375.00 VENDOR TOTAL: 375.00 HELLANDJ HELLAND, JONATHON 090606 09/06/06 01 POLICE-PANTS, BELT, SHOES 01-210-62-00-5421 09/26/06 81.00 WEARING APPAREL INVOICE TOTAL: 81.00 VENDOR TOTAL: 81.00 ICCI INTERNATIONAL CODES 20060901 09/11/06 01 ADMIN-2ND HALF AUG. PERMITS 01-110-61-00-5314 09/26/06 73,678.20 BUILDING INSPECTIONS INVOICE TOTAL: 73,678.20 VENDOR TOTAL: 73, 678.20 ILLCO ILLCO, INC. 1122446 08/29/06 01 WATER OP-PLUMBING & PIPING 51-000-62-00-5407 00203430 09/26/06 129.75 TREATMENT FACILITIES O&M 02 SUPPLIES ** COMMENT ** INVOICE TOTAL: 129.75 1122447 08/29/06 01 WATER OP-PLUMBING & PIPING 51-000-62-00-5407 00203430 09/26/06 91.42 TREATMENT FACILITIES O&M P14 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 08:46:22 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ ILLCO ILLCO, INC. 1122447 08/29/06 02 SUPPLIES ** COMMENT ** 00203430 09/26/06 INVOICE TOTAL: 91.42 1122717 09/05/06 01 WATER OP-FITTING, COULER, 51-000-62-00-5407 00203430 09/26/06 158.53 TREATMENT FACILITIES O&M 02 VALVE WELL 8 & 9 REPAIR ** COMMENT ** INVOICE TOTAL: 158.53 VENDOR TOTAL: 379.70 JELENIEA ANDREW JELENIEWSKI 090606 09/06/06 01 POLICE-SHIRTS 01-210-62-00-5421 09/26/06 84.00 WEARING APPAREL INVOICE TOTAL: 84.00 VENDOR TOTAL: 84.00 JIMSTRCK JIM'S TRUCK INSPECTION 101546 08/10/06 01 STREETS-TRUCK INSPECTION 01-410-62-00-5409 09/26/06 20.00 MAINTENANCE-VEHICLES INVOICE TOTAL: 20.00 VENDOR TOTAL: 20.00 KCHHS KENDALL COUNTY HEALTH 082406 08/24/06 01 POLICE-PSYCH TESTING 01-210-62-00-5429 00303617 09/26/06 250.00 PSYCHOLOGICAL TESTING INVOICE TOTAL: 250.00 VENDOR TOTAL: 250.00 KENDTOW KENDALL COUNTY TOWING & REPAIR 090606 09/06/06 01 POLICE-M14 TOW 01-210-62-00-5409 09/26/06 80.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 80.00 VENDOR TOTAL: 80.00 P15 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 08:46:22 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ KENPRINT KENDALL PRINTING 14611 08/31/06 01 BLDG/ZONE-500 BUSINESS CARDS O1-220-65-00-5809 09/26/06 27.00 PRINTING & COPYING INVOICE TOTAL: 27.00 VENDOR TOTAL: 27.00 KOPYKAT KOPY KAT COPIER 17927 08/29/06 01 ADMIN-STAPLES FOR COPIER 01-110-65-00-5802 09/26/06 306.00 OFFICE SUPPLIES INVOICE TOTAL: 306.00 VENDOR TOTAL: 306.00 LASALLE LASALLE BANK N.A. 083006-SSA 09/11/06 01 ARO-SSA DISPURSEMENT WINDETT 01-000-13-00-1372 09/26/06 19,184.74 A/R - OTHER 02 RIDGE ** COMMENT ** INVOICE TOTAL: 19,184.74 VENDOR TOTAL: 19,184.74 LEPPERTL LAURA LEPPERT 85-ECON 08/27/06 01 ADMIN-7/27 ECON. MINUTES 01-110-62-00-5401 09/26/06 68.00 CONTRACTUAL SERVICES INVOICE TOTAL: 68.00 VENDOR TOTAL: 68.00 MENLAND MENARDS - YORKVILLE 79329 08/24/06 01 WATER OP-PVC PIPE 51-000-65-00-5804 09/26/06 4.92 OPERATING SUPPLIES INVOICE TOTAL: 4.92 79351 08/24/06 01 SEWER OP-EQUIPMENT FOR 52-000-62-00-5422 00202950 09/26/06 174.16 LIFT STATION MAINTENANCE P16 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 08:46:22 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ MENLAND MENARDS - YORKVILLE 79351 08/24/06 02 LIFT STATION ** COMMENT ** 00202950 09/26/06 INVOICE TOTAL: 174.16 79542 08/25/06 01 STREETS-DUCT SEALING COMPOUND 01-410-65-00-5804 09/26/06 1.98 OPERATING SUPPLIES INVOICE TOTAL: 1.98 79618 08/25/06 01 STREETS-5 GAL. BAG STRAINERS 01-410-65-00-5804 09/26/06 15.72 OPERATING SUPPLIES INVOICE TOTAL: 15.72 80346 08/28/06 01 WATER OP-CONCRETE MIX 51-000-65-00-5804 09/26/06 3.98 OPERATING SUPPLIES INVOICE TOTAL: 3.98 80599 08/29/06 01 WATER OP-PAPER TOWELS, PLIERS 51-000-62-00-5407 09/26/06 43.49 TREATMENT FACILITIES O&M INVOICE TOTAL: 43.49 80897 08/30/06 01 STREETS-PLIERS, ADAPTER, 01-410-62-00-5414 09/26/06 22.77 MAINTENANCE-TRAFFIC SIGNAL 02 SOCKET, ELECTRICAL TAPE ** COMMENT ** INVOICE TOTAL: 22.77 81176 08/31/06 01 ADMIN-PLANTING SUPPLIES 01-110-65-00-5804 09/26/06 22.13 OPERATING SUPPLIES INVOICE TOTAL: 22.13 81323 09/01/06 01 STREETS-STEEL FENCE POST 01-410-65-00-5804 09/26/06 22.80 OPERATING SUPPLIES INVOICE TOTAL: 22.80 81332 09/01/06 01 POLICE-BATTERIES 01-210-65-00-5804 09/26/06 9.16 OPERATING SUPPLIES INVOICE TOTAL: 9.16 P17 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 08:46:22 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ MENLAND MENARDS - YORKVILLE 81404 09/01/06 01 STREETS-POST DRIVER 01-410-65-00-5815 09/26/06 19.98 HAND TOOLS INVOICE TOTAL: 19.98 81435 09/01/06 01 POLICE-STORAGE BOX 01-210-65-00-5804 09/26/06 3.99 OPERATING SUPPLIES INVOICE TOTAL: 3.99 81454 09/01/06 01 WATER OP-ALL PURPOSE WASH, 51-000-65-00-5804 09/26/06 26.86 OPERATING SUPPLIES 02 BATTERIES ** COMMENT ** INVOICE TOTAL: 26.86 81692 09/02/06 01 POLICE-KEYS 01-210-65-00-5804 09/26/06 2.28 OPERATING SUPPLIES INVOICE TOTAL: 2.28 VENDOR TOTAL: 374.22 NATIONAL NATIONAL WATERWORKS, INC. 3881530 08/30/06 01 WATER OP-METERS 51-000-75-00-7508 00203429 09/26/06 13,680.08 METERS & PARTS INVOICE TOTAL: 13,680.08 3881554 08/25/06 01 WATER OP-GAUGE WIRE 51-000-75-00-7508 00203429 09/26/06 152.30 METERS & PARTS INVOICE TOTAL: 152.30 VENDOR TOTAL: 13,832.38 NEBS NEBS 9924693730-6 09/02/06 01 ADMIN-1,000 GF CHECKS 01-110-65-00-5809 09/26/06 157.61 PRINTING & COPYING INVOICE TOTAL: 157.61 VENDOR TOTAL: 157.61 P18 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 08:46:22 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ NELSON NELSON ENTERPRISES, INC. 8234-0001 08/31/06 01 POLICE-BROADCASTING 01-210-64-00-5606 00303620 09/26/06 675.00 COMMUNITY RELATIONS INVOICE TOTAL: 675.00 8238-0002 08/31/06 01 ADMIN-BROADCASTING CITY EVENTS 01-000-40-00-4050 09/26/06 313.50 HOTEL TAX INVOICE TOTAL: 313.50 VENDOR TOTAL: 988.50 NIU NORTHERN ILLINOIS UNIVERSITY 2685A 08/25/06 01 POLICE-GROESCH FALL TUTION 01-210-64-00-5608 00303623 09/26/06 938.00 TUITION REIMBURSEMENT INVOICE TOTAL: 938.00 VENDOR TOTAL: 938.00 NORTHERN NORTHERN SAFETY CO., INC. P154854901013 08/14/06 01 SEWER OP-FIRST AID KITS 52-000-75-00-7004 00203360 09/26/06 60.71 SAFETY EQUIPMENT 02 WATER OP-FIRST AID KITS 51-000-75-00-7004 60.71 SAFETY EQUIPMENT 03 STREETS-FIRST AID KITS 01-410-75-00-7004 60.72 SAFETY EQUIPMENT INVOICE TOTAL: 182.14 VENDOR TOTAL: 182.14 OCSIGN O.C. SIGNWORKS 082906 08/29/06 01 MUNICIPAL BLDG-LETTERING ON 16-000-75-00-7204 09/26/06 80.00 BLDG MAINT - CITY HALL 02 CITY HALL WINDOWS ** COMMENT ** INVOICE TOTAL: 80.00 091106 09/11/06 01 BLDG/ZONE-PUBLIC HEARING SIGNS 01-220-65-00-5810 09/26/06 450.00 PUBLISHING & ADVERTISING INVOICE TOTAL: 450.00 VENDOR TOTAL: 530.00 P19 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 20 TIME: 08:46:22 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ OFFWORK OFFICE WORKS 101778I 09/06/06 01 POLICE-NOTEBOOKS, CORRECTION 01-210-65-00-5802 00303625 09/26/06 628.67 OFFICE SUPPLIES 02 TAPE, LABELS, INK CARTRIDGES, ** COMMENT ** 03 USB CABLE, ENVELOPES, PEN ** COMMENT ** 04 REFILLS, FILE FOLDERS, TABS, ** COMMENT ** 05 MOUSE PAD, CLEANING SUPPLIES ** COMMENT ** INVOICE TOTAL: 628.67 102100 09/12/06 01 PLAN/DEV-PEN REFILLS 01-220-65-00-5804 00101824 09/26/06 3.01 OPERATING SUPPLIES 02 ADMIN-SCREEN FOR CHAMBERS 01-110-65-00-5802 244.79 OFFICE SUPPLIES INVOICE TOTAL: 247.80 102138 09/12/06 01 ADMIN-BRACKETS FOR SCREEN 01-110-65-00-5802 09/26/06 26.49 OFFICE SUPPLIES INVOICE TOTAL: 26.49 VENDOR TOTAL: 902.96 OHERROND RAY O'HERRON COMPANY, INC. 0624991-IN 08/23/06 01 PD CAPITAL-3 SEATS 20-000-75-00-7006 00303603 09/26/06 920.80 CAR BUILD OUT INVOICE TOTAL: 920.80 0625459-IN 08/29/06 01 POLICE-HOLSTER, CUFFS, MAG 01-210-62-00-5421 00303561 09/26/06 119.11 WEARING APPAREL 02 HOLDER ** COMMENT ** INVOICE TOTAL: 119.11 0625558-IN 08/29/06 01 PD CAPITAL-LED BAR 20-000-75-00-7006 00303599 09/26/06 1,501.36 CAR BUILD OUT INVOICE TOTAL: 1,501.36 0626274-IN 09/06/06 01 POLICE-HOLSTER 01-210-62-00-5421 00303561 09/26/06 51.14 WEARING APPAREL INVOICE TOTAL: 51.14 VENDOR TOTAL: 2,592.41 P2O DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 21 TIME: 08:46:22 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ OHERRONO RAY O'HERRON COMPANY 30601 08/28/06 01 PD CAPITAL-TASER, AIR 20-000-65-00-5811 00303558 09/26/06 1,988.82 LETHAL/NON-LETHAL WEAPONS 02 CARTRIDGES ** COMMENT ** INVOICE TOTAL: 1,988.82 30605 08/28/06 01 POLICE-PANTS, BOOTS 01-210-62-00-5421 00303621 09/26/06 241.80 WEARING APPAREL INVOICE TOTAL: 241.80 VENDOR TOTAL: 2,230.62 ORRK KATHLEEN FIELD ORR & ASSOC. 11967 09/01/06 01 PLAN/DEV-VARIOUS LEGAL MATTERS 01-220-61-00-5300 09/26/06 289.00 LEGAL SERVICES INVOICE TOTAL: 289.00 VENDOR TOTAL: 289.00 PARADISE PARADISE CAR WASH 220795 09/01/06 01 POLICE-NTL. NIGHT OUT WASHES 01-210-64-00-5606 09/26/06 50.00 COMMUNITY RELATIONS 02 POLICE-CAR WASHES 01-210-62-00-5409 141.30 MAINTENANCE - VEHICLES INVOICE TOTAL: 191.30 VENDOR TOTAL: 191.30 PATTEN PATTEN INDUSTRIES, INC. P63CO015599 08/26/06 01 WATER OP-ARMREST KIT 51-000-62-00-5408 09/26/06 43.95 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 43.95 VENDOR TOTAL: 43.95 POSTNET POSTNET IL 124 P21 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 22 TIME: 08:46:22 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ POSTNET POSTNET IL 124 35152 09/06/06 01 ADMIN-BLUE PRINTS 01-110-65-00-5809 09/26/06 22.44 PRINTING & COPYING INVOICE TOTAL: 22.44 VENDOR TOTAL: 22.44 PRINTPER PRINT PERFECT 00048583 08/24/06 01 ADMIN-PARKING BAN POST CARDS 01-110-64-00-5607 09/26/06 958.22 PUBLIC RELATIONS INVOICE TOTAL: 958.22 VENDOR TOTAL: 958.22 PROVENAM PROVENA MERCY CENTER 090106 09/01/06 01 STREETS-MANDATORY TESTING 01-410-75-00-7004 09/26/06 130.00 SAFETY EQUIPMENT INVOICE TOTAL: 130.00 VENDOR TOTAL: 130.00 PSI PROFESSIONAL SERVICE 424607 08/31/06 01 ENG-COUNTRYSIDE PARKWAY 01-150-62-00-5401 09/26/06 929.50 CONTRACTUAL SERVICES INVOICE TOTAL: 929.50 VENDOR TOTAL: 929.50 QUILL QUILL CORPORATION 9435354 08/31/06 01 ENG-SHEET PROTECTORS 01-150-65-00-5802 09/26/06 8.09 OFFICE SUPPLIES INVOICE TOTAL: 8.09 9534786 09/06/06 01 POLICE-POST CARDS 01-210-65-00-5802 00303627 09/26/06 79.95 OFFICE SUPPLIES INVOICE TOTAL: 79.95 P22 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 23 TIME: 08:46:22 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ QUILL QUILL CORPORATION 9555324 09/07/06 01 POLICE-ENVELOPES 01-210-65-00-5802 00303627 09/26/06 33.88 OFFICE SUPPLIES INVOICE TOTAL: 33.88 VENDOR TOTAL: 121.92 R0000262 KEELEY CONSTRUCTION 083106 08/31/06 01 WATER OP-DEPOSIT REFUND 51-000-42-00-4240 09/26/06 250.00 BULK WATER SALES INVOICE TOTAL: 250.00 VENDOR TOTAL: 250.00 R0000263 CECELIA SANDERS 083106 08/31/06 01 POLICE-GIFT BASKETS FOR 01-210-62-00-5423 09/26/06 106.31 CLASY GRANT 02 HOMETOWN DAYS ** COMMENT ** INVOICE TOTAL: 106.31 VENDOR TOTAL: 106.31 R0000268 MARTHA WITT 091206 09/12/06 01 ARO-REIMBURMENT FOR ITEMS 01-000-13-00-1372 09/26/06 1,504.02 A/R - OTHER 02 DAMAGED IN SEWER BACKUP ** COMMENT ** INVOICE TOTAL: 1,504.02 VENDOR TOTAL: 1,504.02 80000269 GA BLOCKER GRADING CONTRACTOR 090606 09/06/06 01 WATER OP-DEPOSIT RETURN 51-000-42-00-4240 09/26/06 800.00 BULK WATER SALES INVOICE TOTAL: 800.00 VENDOR TOTAL: 800.00 P23 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 24 TIME: 08:46:22 DETAIL BOARD REPORT ID: AP991000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ RELIABLE RELIABLE COMPUTER SERVICES 19376 08/30/06 01 WATER OP-RAIN GEAR OUTFIT 51-000-62-00-5421 00203359 09/26/06 237.90 WEARING APPAREL INVOICE TOTAL: 237.90 VENDOR TOTAL: 237.90 RJCONSUP R&J CONSTRUCTION SUPPLY INC. 555773 08/22/06 01 WATER OP-SHOVEL 51-000-65-00-5804 09/26/06 38.25 OPERATING SUPPLIES INVOICE TOTAL: 38.25 VENDOR TOTAL: 38.25 SCHOPPE SCHOPPE DESIGN ASSOC. 11981 08/23/06 01 ARO-GRANDE RESERVE UNIT 17 01-000-13-00-1372 09/26/06 235.50 A/R - OTHER INVOICE TOTAL: 235.50 11982 08/23/06 01 ARO-GRANDE RESERVE UNIT 16 01-000-13-00-1372 09/26/06 165.00 A/R - OTHER INVOICE TOTAL: 165.00 11983 08/23/06 01 ARO-GRANDE RESERVE UNIT 26 01-000-13-00-1372 09/26/06 232.50 A/R - OTHER INVOICE TOTAL: 232.50 11984 08/23/06 01 ARO-GRANDE RESERVE UNIT 27 01-000-13-00-1372 09/26/06 97.50 A/R - OTHER INVOICE TOTAL: 97.50 11985 08/23/06 01 ARO-GRANDE RESERVE UNIT 24 01-000-13-00-1372 09/26/06 97.50 A/R - OTHER INVOICE TOTAL: 97.50 11987 08/24/06 01 ARO-FOX HIGHLANDS 01-000-13-00-1372 09/26/06 300.00 A/R - OTHER INVOICE TOTAL: 300.00 VENDOR TOTAL: 1,128.00 P24 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 25 TIME: 08:46:22 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ SERVMAST SERVICEMASTER OF AURORA & 8713 08/31/06 01 WATER OP-AUG. PW'S CLEANING 51-000-62-00-5401 00203363 09/26/06 585.00 CONTRACUAL SERVICES INVOICE TOTAL: 585.00 VENDOR TOTAL: 585.00 SES SMITH ECOLOGICAL SYSTEMS INC 9732 08/28/06 01 WATER OP-CHART RECORDING 51-000-62-00-5407 09/26/06 319.24 TREATMENT FACILITIES O&M 02 PAPERS ** COMMENT ** INVOICE TOTAL: 319.24 VENDOR TOTAL: 319.24 SHELL SHELL OIL CO. 065159923609 09/04/06 01 STREETS-FUEL 01-410-65-00-5812 09/26/06 686.30 GASOLINE 02 WATER OP-FUEL 51-000-65-00-5812 686.30 GASOLINE 03 SEWER OP-FUEL 52-000-65-00-5812 686.30 GASOLINE INVOICE TOTAL: 2,058.90 VENDOR TOTAL: 2,058.90 SHREDIT SHRED-IT 021163094 09/05/06 01 ADMIN-SHREDDING CHARGE 01-110-62-00-5401 09/26/06 80.00 CONTRACTUAL SERVICES INVOICE TOTAL: 80.00 VENDOR TOTAL: 80.00 SIEMENS SIEMENS WATER TECHNOLOGIES FB07281 08/31/06 01 WATER OP-REPAIR CONTROLS AT 51-000-62-00-5407 00203433 09/26/06 820.00 TREATMENT FACILITIES O&M P25 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 26 TIME: 08:46:22 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ SIEMENS SIEMENS WATER TECHNOLOGIES FB07281 08/31/06 02 WELL #7 ** COMMENT ** 00203433 09/26/06 INVOICE TOTAL: 820.00 VENDOR TOTAL: 820.00 SMITH SMITH ENGINEERING 338734 08/25/06 01 MFT-GAME FARM RD. & SOMONAUK 15-000-75-00-7107 09/26/06 2,616.25 CONSTRUCTION ENGINEERING INVOICE TOTAL: 2,616.25 338838 08/29/06 01 ADMIN-TRAVEL DEMAND FORECAST 01-110-65-00-5800 09/26/06 21,717.20 CONTINGENCIES INVOICE TOTAL: 21,717.20 VENDOR TOTAL: 24,333.45 STRYPES STRYPES PLUS MORE INC. 9440 08/20/06 01 POLICE-ARTWORK ON SQUAD 01-210-62-00-5409 00303616 09/26/06 425.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 425.00 VENDOR TOTAL: 425.00 SYNERGY SYNERGY LOGISTICS, INC. 66149A 09/06/06 01 POLICE-FIRST AID SUPPLIES 01-210-65-00-5804 00303626 09/26/06 43.99 OPERATING SUPPLIES INVOICE TOTAL: 43.99 VENDOR TOTAL: 43.99 TAPCO TAPCO 252109 08/23/06 01 MFT-POSTS & ANCHORS 15-000-75-00-7007 09/26/06 2,841.23 SIGNS INVOICE TOTAL: 2,841.23 P26 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 27 TIME: 08:46:22 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ TAPCO TAPCO 253150 09/01/06 01 STREETS-LIDS, BUNGEE CORD 01-410-65-00-5804 09/26/06 82.89 OPERATING SUPPLIES INVOICE TOTAL: 82.89 VENDOR TOTAL: 2,924.12 THORGARD THOR GUARD, INC. 083106 08/31/06 01 POLICE-WARRANTY FOR LIGHTENING 01-210-62-00-5414 00303619 09/26/06 350.00 WEATHER WARNING SIREN MAIN 02 DETECTOR SYSTEM ** COMMENT ** INVOICE TOTAL: 350.00 VENDOR TOTAL: 350.00 TINSTAR TIN STAR ELECTRONIC SERVICE 02071 08/22/06 01 POLICE-M14 LIGHT REPAIRS 01-210-62-00-5409 09/26/06 38.50 MAINTENANCE - VEHICLES INVOICE TOTAL: 38.50 VENDOR TOTAL: 38.50 ULRICH ULRICH CHEMICAL, INC. 303942 08/31/06 01 WATER OP-CHLORINE WELL #3 51-000-62-00-5407 00203425 09/26/06 430.00 TREATMENT FACILITIES O&M INVOICE TOTAL: 430.00 303943 09/01/06 01 WATER OP-RETURNED CONTAINERS 51-000-65-00-5820 09/26/06 -200.00 CHEMICALS INVOICE TOTAL: -200.00 303944 08/31/06 01 WATER OP-CHLORINE WELL #4 51-000-62-00-5407 00203425 09/26/06 1,157.60 TREATMENT FACILITIES O&M INVOICE TOTAL: 1,157.60 303945 09/01/06 01 WATER OP-RETURNED CONTAINERS 51-000-65-00-5820 09/26/06 -300.00 CHEMICALS INVOICE TOTAL: -300.00 P27 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 28 TIME: 08:46:22 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ ULRICH ULRICH CHEMICAL, INC. 303946 08/31/06 01 WATER OP-CHLORINE WELL #7 51-000-62-00-5407 00203425 09/26/06 913.20 TREATMENT FACILITIES O&M INVOICE TOTAL: 913.20 303947 09/01/06 01 WATER OP-RETURNED CONTAINERS 51-000-65-00-5820 09/26/06 -425.00 CHEMICALS INVOICE TOTAL: -425.00 303948 08/31/06 01 WATER OP-CHLORINE WELLS 8 & 9 51-000-62-00-5407 00203425 09/26/06 913.20 TREATMENT FACILITIES 0&M INVOICE TOTAL: 913.20 303949 09/01/06 01 WATER OP-RETURNED CONTAINERS 51-000-65-00-5820 09/26/06 -400.00 CHEMICALS INVOICE TOTAL: -400.00 VENDOR TOTAL: 2,089.00 UNIFIED UNIFIED SUPPLY 0115063-IN 08/15/06 01 STREETS-TRAFFIC LIGHT PLATE 01-410-62-00-5415 09/26/06 4.10 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 4.10 0115299-IN 08/24/06 01 STREETS-LIGHTS 01-410-62-00-5415 09/26/06 5.09 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 5.09 0115326-IN 08/25/06 01 STREETS-FUSES 01-410-62-00-5415 09/26/06 68.17 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 68.17 VENDOR TOTAL: 77.36 UNIQUEPR UNIQUE PRODUCTS & SERVICE 154589 08/25/06 01 SEWER OP-CUPS 52-000-65-00-5805 09/26/06 33.46 SHOP SUPPLIES INVOICE TOTAL: 33.46 VENDOR TOTAL: 33.46 P28 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 29 TIME: 08:46:22 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ UPS UNITED PARCEL SERVICE 00004296X2346 08/26/06 01 ADMIN-4 PACKAGES SHIPPED 01-110-65-00-5808 09/26/06 69.16 POSTAGE & SHIPPING INVOICE TOTAL: 69.16 00004296X2356 09/02/06 01 WATER OP-1 PACKAGE SHIPPED 51-000-65-00-5808 09/26/06 29.84 POSTAGE & SHIPPING 02 ADMIN-2 PACKAGES SHIPPED 01-110-65-00-5808 36.58 POSTAGE & SHIPPING INVOICE TOTAL: 66.42 00004296X2366 09/09/06 01 WATER OP-5 PACKAGES SHIPPED 51-000-65-00-5808 09/26/06 59.44 POSTAGE & SHIPPING INVOICE TOTAL: 59.44 VENDOR TOTAL: 195.02 URBAN URBAN & REGIONAL INFORMATION 50000075 08/31/06 01 PLAN/DEV-GIS COORDINATOR 01-220-65-00-5810 09/26/06 250.00 PUBLISHING & ADVERTISING INVOICE TOTAL: 250.00 VENDOR TOTAL: 250.00 WASTE WASTE MANAGEMENT 2550194-2011-6 09/01/06 01 HEALTH & SANITATION -AUGUST 01-540-62-00-5442 09/26/06 59,423.26 GARBAGE SERVICES 02 GARBAGE SERVICE ** COMMENT ** INVOICE TOTAL: 59,423.26 VENDOR TOTAL: 59,423.26 WHITAKER WHITTAKER CONSTRUCTION & 090606-EEI 09/06/06 01 WATER IMPROV-CONTRACT B.1 41-000-61-00-5401 09/26/06 231,056.04 ENGINEERING-RADIUM CONT B2 P29 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 30 TIME: 08:46:22 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ WHITAKER WHITTAKER CONSTRUCTION & 090606-EEI 09/06/06 02 WELLS #3 & 44 WELL HOUSE & ** COMMENT ** 09/26/06 03 TREATMENT FACILITY ** COMMENT ** INVOICE TOTAL: 231,056.04 VENDOR TOTAL: 231,056.04 WHOLTIRE WHOLESALE TIRE 115499 08/29/06 01 POLICE-M14 TIRE REPAIR 01-210-62-00-5409 09/26/06 15.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 15.00 115593 09/06/06 01 POLICE-M14 STARTER, SPARK 01-210-62-00-5409 00303628 09/26/06 313.35 MAINTENANCE - VEHICLES 02 PLUGS ** COMMENT ** INVOICE TOTAL: 313.35 VENDOR TOTAL: 328.35 WHOUSED WAREHOUSE DIRECT 781148-0 08/28/06 01 ADMIN-HIGHLIGHTERS, FOLDERS 01-110-65-00-5802 09/26/06 25.09 OFFICE SUPPLIES INVOICE TOTAL: 25.09 VENDOR TOTAL: 25.09 WIREWIZ WIRE WIZARD OF ILLINOIS, INC R6589 09/06/06 01 WATER OP-MONITOR BURGLAR ALARM 51-000-65-00-5804 00203361 09/26/06 69.00 OPERATING SUPPLIES 02 BRUELL LIFT STATION ** COMMENT ** INVOICE TOTAL: 69.00 R6590 09/06/06 01 WATER OP-MONITOR BURGLAR ALARM 51-000-65-00-5804 00203361 09/26/06 69.00 OPERATING SUPPLIES 02 NORTH BOOSTER ** COMMENT ** INVOICE TOTAL: 69.00 P30 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 31 TIME: 08:46:22 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ WIREWIZ WIRE WIZARD OF ILLINOIS, INC 86591 09/06/06 01 WATER OP-MONITOR BURGLAR ALARM 51-000-65-00-5804 00203361 09/26/06 69.00 OPERATING SUPPLIES 02 GRANDE RESERVE ** COMMENT ** INVOICE TOTAL: 69.00 R6592 09/06/06 01 WATER OP-MONITOR BURGLAR ALARM 51-000-65-00-5804 00203361 09/26/06 69.00 OPERATING SUPPLIES 02 RAINTREE VILLAGE ** COMMENT ** INVOICE TOTAL: 69.00 R6593 09/06/06 01 WATER OP-MONITOR BURGLAR ALARM 51-000-65-00-5804 00203361 09/26/06 69.00 OPERATING SUPPLIES 02 COUNTRYSIDE LIFT STATION ** COMMENT ** INVOICE TOTAL: 69.00 R6719 09/06/06 01 WATER OP-MONITOR BURGLAR ALARM 51-000-65-00-5804 00203361 09/26/06 69.00 OPERATING SUPPLIES 02 NORTH WATER TOWER ** COMMENT ** INVOICE TOTAL: 69.00 R6720 09/06/06 01 WATER OP-MONITOR BURGLAR ALARM 51-000-65-00-5804 00203361 09/26/06 69.00 OPERATING SUPPLIES INVOICE TOTAL: 69.00 R6721 09/06/06 01 WATER OP-MONITOR BURGLAR ALARM 51-000-65-00-5804 00203361 09/26/06 69.00 OPERATING SUPPLIES 02 PUMP STATION ** COMMENT ** INVOICE TOTAL: 69.00 R6722 09/06/06 01 WATER OP-MONITOR BURGLAR ALARM 51-000-65-00-5804 00203361 09/26/06 69.00 OPERATING SUPPLIES 02 BOOSTER STATION ** COMMENT ** INVOICE TOTAL: 69.00 VENDOR TOTAL: 621.00 P31 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 32 TIME: 08:46:22 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ WTRPRD WATER PRODUCTS, INC. 0192959 08/31/06 01 WATER OP-METERS 4 READERS 51-000-75-00-7508 00203426 09/26/06 2,144.00 METERS & PARTS INVOICE TOTAL: 2,144 .00 VENDOR TOTAL: 2,144.00 WYETHATY JOHN JUSTIN WYETH 742 09/11/06 01 ADMIN-VARIOUS LEGAL MATTERS 01-110-61-00-5300 09/26/06 1,500.00 LEGAL SERVICES INVOICE TOTAL: 1,500.00 743 09/11/06 01 ADMIN-VARIOUS LEGAL MATTERS 01-110-61-00-5300 09/26/06 1,950.00 LEGAL SERVICES INVOICE TOTAL: 1,950.00 744 09/11/06 01 ADMIN-VARIOUS LEGAL MATTERS 01-110-61-00-5300 09/26/06 412.50 LEGAL SERVICES INVOICE TOTAL: 412.50 745 09/11/06 01 ADMIN-VARIOUS LEGAL MATTERS 01-110-61-00-5300 09/26/06 487.50 LEGAL SERVICES INVOICE TOTAL: 487.50 746 09/11/06 01 ARO-O'KEEFEE 01-000-13-00-1372 09/26/06 412.50 A/R - OTHER INVOICE TOTAL: 412.50 747 09/11/06 01 ARO-ASPEN RIDGE 01-000-13-00-1372 09/26/06 600.00 A/R - OTHER INVOICE TOTAL: 600.00 748 09/11/06 01 ARO-EVERGREEN FARM 01-000-13-00-1372 09/26/06 150.00 A/R - OTHER INVOICE TOTAL: 150.00 P32 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 33 TIME: 08:46:22 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ WYETHATY JOHN JUSTIN WYETH 749 09/11/06 01 ARO-SILVER FOX 01-000-13-00-1372 09/26/06 150.00 A/R - OTHER INVOICE TOTAL: 150.00 750 09/11/06 01 ARO-RAINTREE 01-000-13-00-1372 09/26/06 150.00 A/R - OTHER INVOICE TOTAL: 150.00 751 09/11/06 01 ARO-PRESTWICK 01-000-13-00-1372 09/26/06 75.00 A/R - OTHER INVOICE TOTAL: 75.00 752 09/11/06 01 ARO-PROGRES HOLD 01-000-13-00-1372 09/26/06 225.00 A/R - OTHER INVOICE TOTAL: 225.00 753 09/11/06 01 ARO-HARLEM IRVIN 01-000-13-00-1372 09/26/06 937.50 A/R - OTHER INVOICE TOTAL: 937.50 754 09/11/06 01 ARO-SEXTON 01-000-13-00-1372 09/26/06 150.00 A/R - OTHER INVOICE TOTAL: 150.00 755 09/11/06 01 ARO-WALNUT ENCLAVE 01-000-13-00-1372 09/26/06 112.50 A/R - OTHER INVOICE TOTAL: 112.50 VENDOR TOTAL: 7,312.50 YBSD YORKVILLE BRISTOL 0480-000436345 08/31/06 01 WATER OP-AUG. SLUDGE REMOVAL 51-000-62-00-5407 09/26/06 3,563.18 TREATMENT FACILITIES O&M INVOICE TOTAL: 3,563.18 VENDOR TOTAL: 3,563.18 P33 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 34 TIME: 08:46:22 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ YORKACE YORKVILLE ACE & RADIO SHACK 102628 08/16/06 01 SEWER OP-CAP 52-000-65-00-5805 09/26/06 5.99 SHOP SUPPLIES INVOICE TOTAL: 5.99 102980 08/29/06 01 SEWER OP-BATTERY 52-000-62-00-5422 09/26/06 4.99 LIFT STATION MAINTENANCE INVOICE TOTAL: 4.99 102987 08/29/06 01 SEWER OP-BATTERY 52-000-62-00-5422 09/26/06 4.99 LIFT STATION MAINTENANCE INVOICE TOTAL: 4.99 103008 08/30/06 01 SEWER OP-WATER 52-000-62-00-5422 09/26/06 4.98 LIFT STATION MAINTENANCE INVOICE TOTAL: 4.98 103038 08/31/06 01 SEWER OP-WIRE CONNECTION 52-000-62-00-5422 09/26/06 2.49 LIFT STATION MAINTENANCE INVOICE TOTAL: 2.49 103246 09/07/06 01 WATER OP-KEY 51-000-65-00-5604 09/26/06 9.95 OPERATING SUPPLIES INVOICE TOTAL: 9.95 VENDOR TOTAL: 33.39 YORKCLER YORKVILLE CLERK'S ACCOUNT 091106 09/11/06 01 ADMIN-REPLENISH CLERK'S 01-110-61-00-5300 09/26/06 919.00 LEGAL SERVICES 02 ACCOUNT ** COMMENT ** INVOICE TOTAL: 919.00 VENDOR TOTAL: 919.00 YORKHS YORKVILLE HIGH SCHOOL P34 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 35 TIME: 08:46:22 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ YORKHS YORKVILLE HIGH SCHOOL 090606 09/06/06 01 POLICE-ISDA CONF. REGISTRATION 01-210-64-00-5604 09/26/06 275.00 TRAINING & CONFERENCE INVOICE TOTAL: 275.00 VENDOR TOTAL: 275.00 YORKLIBR YORKVILLE PUBLIC LIBRARY 083006-DEV 09/08/06 01 TRUST & AGENCY-AUG. DEV. FEES 95-000-78-00-9009 09/26/06 1,400.00 LIBRARY DEV FEE PAYMENTS INVOICE TOTAL: 1,400.00 083006-RETAX 09/07/06 01 ADMIN-AUG. REAL ESTATES TAXES 01-000-40-00-4000 09/26/06 27,673.93 REAL ESTATE TAXES INVOICE TOTAL: 27,673.93 083106-PPRT 09/11/06 01 ADMIN-AUG PPRT TAX 01-000-40-00-4010 09/26/06 293.91 PERSONAL PROPERTY TAX INVOICE TOTAL: 293.91 VENDOR TOTAL: 29,367.84 YORKNAPA YORKVILLE NAPA AUTO PARTS 760004 08/04/06 01 POLICE-BULB 01-210-62-00-5409 09/26/06 4.60 MAINTENANCE - VEHICLES INVOICE TOTAL: 4.60 763445 08/29/06 01 WATER OP-WIPER BLADES 51-0.00-62-00-5409 09/26/06 17.84 MAINTENANCE - VEHICLES INVOICE TOTAL: 17.84 VENDOR TOTAL: 22.44 YORKPDPC YORKVILLE POLICE DEPT. 091106 09/11/06 01 ADMIN-BACKGROUND CHECK 01-110-61-00-5300 09/26/06 40.00 LEGAL SERVICES P35 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 36 TIME: 08:46:22 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ YORKPDPC YORKVILLE POLICE DEPT. 091106 09/11/06 02 POLICE-GAS 01-210-65-00-5812 09/26/06 20.00 GASOLINE 03 POLICE-PARKING 01-210-64-00-5605 6.00 TRAVEL EXPENSES 04 POLICE-BOOK, WATER, LIQUOR LIC 01-210-65-00-5804 175.32 OPERATING SUPPLIES 05 POLICE-POST CARD STAMPS 01-210-65-00-5808 24 .00 POSTAGE & SHIPPING INVOICE TOTAL: 265.32 VENDOR TOTAL: 265.32 YORKPDPN YORKVILLE POLICE PENSION FUND 083006-RETAX 09/07/06 01 POLICE-AUG REAL ESTATE TAXES 01-210-72-00-6502 09/26/06 15,109.85 POLICE PENSION INVOICE TOTAL: 15,109.85 VENDOR TOTAL: 15,109.85 YORKPOST YORKVILLE POSTMASTER 091206 09/12/06 01 ADMIN-PARKING BAN MAILING 01-110-65-00-5808 09/26/06 600.00 POSTAGE & SHIPPING INVOICE TOTAL: 600.00 VENDOR TOTAL: 600.00 YORKSCHO YORKVILLE SCHOOL DIST #115 070106-083106 09/08/06 01 TRUST/AGENCY-SCHOOL LAND CASH 95-000-78-00-9011 09/26/06 62,895.49 SCHOOL LAND CASH PMTS 02 FOR JULY & AUGUST ** COMMENT ** INVOICE TOTAL: 62,895.49 VENDOR TOTAL: 62,895.49 YORKSELF YORKVILLE SELF STORAGE, INC P36 DATE: 09/14/06 UNITED CITY OF YORKVILLE PAGE: 37 TIME: 08:46:22 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/26/2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ YORKSELF YORKVILLE SELF STORAGE, INC 100106-OCT 09/07/06 01 MUNICIPAL BLDG-OCT STORAGE 16-000-75-00-7203 09/26/06 150.00 BLDG IMPROVEMENTS-PUBLIC W INVOICE TOTAL: 150.00 VENDOR TOTAL: 150.00 YOUNGM YOUNG, MARLYS 080806-ZONE 08/08/06 01 ADMIN-8/8 ZONING MINUTES 01-110-62-00-5401 09/26/06 128.38 CONTRACTUAL SERVICES INVOICE TOTAL: 128.38 VENDOR TOTAL: 128.38 TOTAL ALL INVOICES: 1,198,849.97 P37 UNITED CITY OF YORKVILLE PAYROLL SUMMARY PAY PERIOD ENDING 9/6/06 REGULAR OVERTIME TOTAL IMRF SOCIAL SECURITY TOTALS ADMINISTRATION $31,029.78 $0.00 $31,029.78 $2,444.25 $2,342.03 $35,816.06 ENGINEERING $10,342.83 $142.83 $10,485.66 $828.36 $786.92 $12,100.94 POLICE $63,116.83 $1,685.05 $64,801.88 $344.89 $4,916.39 $70,063.16 PUBLIC WORKS $24,546.92 $1,112.80 $25,659.72 $2,027.13 $1,958.08 $29,644.93 PARKS $13,468.24 $144.03 $13,612.27 $1,006.86 $1,034.82 $15,653.95 RECREATION $16,485.67 $0.00 $16,485.67 $1,190.70 $1,259.64 $18,936.01 LIBRARY $8,508.89 $0.00 $8,508.89 $354.17 $650.92 $9,513.98 TOTALS $167,499.16 $3,084.71 $170,583.87 $8,196.36 $12,948.80 $191,729.03 TOTAL PAYROLL 9/6/2006 $ 191,729.03 TOTAL INVOICES 9/26/2006 $ 11198,849.97 TOTAL DISBURSEMENTS $ 1,390,579.00 P38 United City of Yorkville County Seat of Kendall County 800 Game Farm Road EST Yorkville, Illinois, 60560 Telephone: 630-553-4350 O,r O Fax: 630-553-7575 Website: www.yorkville.il.us ALE ��• TO: Committee of the Whole September 9, 2006 FROM: Anna B. Kurtzman, AICP' SUBJECT: Zoning Variance Request 207 West Ridge Street - PC 2006-58 ZBA ZBA RECOMMENDATION: On September 6, 2006, the Zoning Board of Appeals (ZBA) conducted a public hearing to consider the merits of the O'Brien's request for a corner side yard variance. After conducting the hearing, the ZBA is recommending approval of the request to decrease the corner side yard setback from 30 feet to approximately 2 feet from the property line. REQUEST: The applicants, Paul and Susan O'Brien, own Lots 1 and 2 of Block 20 of the original Village of Yorkville,with a common address of 207 West Ridge Street. This improved lot is zoned R-2 (one-family residence district). When the current house was built it was built approximately 8.5 from the south property line with a covered porch that extended closer to the property line. At some point in time the covered porch was removed. The applicants are asking to construct a covered porch that will extend closer to the southern property line. The applicant has indicated that they need a variance to Section 10-6B-4A to reduce the front yard setback. The information that was submitted does not indicate exactly how close to the property line they will to extend. CONDITIONS: This 10,100 sq ft property is zoned R2 and is improved with a single-family detached house with a detached garage. The surrounding properties are zoned and used as indicated below: Zoning Use North R2 Single-family detached housing South R2 Single famil detached housing East R2 Single famil detached housing West R2 Single-family detached housing STANDARDS FOR GRANTING A VARIANCE: During the ZBA public hearing the Board reviewed the request against the provisions of Section 10-14-5(C), which states: "that the Zoning Board of Appeals shall not vary (or make a recommendation to vary) the regulations of the Zoning Code unless it has made findings based upon the evidence presented to them for each specific case based upon the following: 1. Because the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as Committee of the Whole 207 W. Ridge St—PC 2006-58 ZBA September 9, 2006 Page 2 of 2 distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. The ZBA determined that a hardship exists in that the front door needs to be protected from the elements and that a covered porch would protect the entry. 2. 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. It was stated that this house was built in the I800's, and thus pre-dates the current zoning ordinance. It is because the house was built prior to today's regulations that it is non-conforming. Most houses built in the R-2 zoning district are being built in conformance with today's zoning standards. 3. 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. As the house was originally built in the 1800's no one is presently alive who was involved with the construction of the house. Thus it was determined that, no, no one who has an interest in the property was involved with the present hardship. 4. 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. As there was no one, other than the petitioners,present to speak regarding this case the ZBA concluded that the requested variance is not detrimental to other properties. 5. 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 ZBA determined that, as the enclosed porch would be back from the property line and public sidewalk the enclosed porch does not create a public nuisance or creates a safety issue. 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: W.Dettmer Filename: C:\Documents and Settings\Anna\My Documents\ZBA\207 W Ridge-O'Brien\9-11-06COWreport.doc United City of Yorkville > ON County Seat of Kendall County EST. _ 1836 g00 Game Farm Road { ` to Yorkville, Illinois 60560 O O Phone:630.553-4350 �m �= Fax:630-553-7575 LE ' V acb�-s� APPLICATION VARIANCE REQUEST Date of Submission: X9 Co 1. Name of Petitioner(s): �C<c ) 1— �C7�L�/1 ®�•C1 rf`�'� Address: _ 7 "-Aid Phone Number: Fax Number: Al0Nf- 2. Name of holder of legal title, if different from#1: 3. If legal title is held in a land trust, list the names of all holders of any beneficial interest therein: 4. a. Street address and physical location of subject property: do/? b. Proposed name of subdivision(if any): c. Legal description of property for which zoning variance is sought: .L S I i c2 od ck c;2D 02zG U L &o Yolk VKL 67 �C40 (If more space is needed, attach as Exhibit A".) Cocxw► d. Kendall County Parcel Number(s) of property for which variance is sought: LA ona 5. Names and addresses of any adjoining or contiguous landowners and property owners within 250' of subject parcel for which variance is requested entitled to notice of petition under any applicable City ordinance or State Statute: (Attach a separate list as "Exhibit B".) 6. State the variance requested an d the City ordinance including the section numbers to be varied: 10- &(3 - q 11- 771- a rr .Se��a c 30 Page 1 of 3 United City of Yorkville variance Request Application Revised: 2/27/04 7. Name, address, phone number and fax number of person to whom inquiries regarding this petition may be directed: SOSLl-'1 el)61'1;e/7 '533 -71i�2 C( �,� Yr L,0 Attorney: Name: Address: Phone Number: Z Fax Number: 8. Submit application with a filing fee in the amount of$85.00. Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. 9. Submit 35 copies of each of the application, proposed drawings, location map, site plan, and any other pertinent materials to the Clerk's Office. Large items must be folded to fit in a 10" x 13" envelope. In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct: tition�err(s) I(Legal property owners signature must appear on this application.) Subscribed and sworn before me this aol, OJd day of , 200 SHARON M STEPHENSON OFFICIAL SEAL Notary Public Notary Public,State of Illinois My Commission Expires May 03, 2010 Notary Stamp THIS APPLICATION MUST BE NOTARIZED. Page 2 of 3 United City of Yorkville Variance Request Application Revised: 2/27/04 VARIANCE REQUEST PETITIONER ROUTE Step 1: Petitioner must submit a completed application, fees and all pertinent materials to the Deputy Clerk. Upon receipt the variance request will be forwarded to the Zoning Official for review and to coordinate setting a meeting date for the public hearing in front of the Zoning Board of Appeals. Note: You must present your request at each of the meetings below as indicated Step 2: Zoning Board of Appeals: The Zoning Board of Appeals meets on an as needed basis in the City Council Chambers. The Zoning Board of Appeals will make its recommendation to the City Council in writing within 30 days of the public hearing. The Zoning Board of Appeals consists of 7 members appointed by the Mayor. A Public Hearing will be held at this time for the variance request. Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the Petitioner to adjacent property owners within 250 feet of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the City Clerk's office containing the names, addresses and permanent parcel numbers of all parties that were notified. Step 3: Committee of the Whole: The Committee of the Whole meets the first and third Tuesdays of the month at 7:00 p.m. in the Conference Room at City Hall. The request will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 4: City Council: The City Council meets the second and fourth Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes place. Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original(retaining a copy for your records) to the Deputy Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. 1 Date: Page 3 of 3 United City of Yorkville Variance Request Application Revised: 2/27/04 Pk� k:. 3ad�rt 6•Na 66``II��`` ')k" :may.:d;:'•. '"'E 1� uy5 ; < xV Qj zg (ClJp Ot 57 a ' Sid 1�1 � s t r w r PLAT OF SGff,�i/EY OF APB �� •�� 182 BLOCK 20 ORYGIAAL VILL.A GE OF YC KENDALL CCUNTY ILLINOIS , o ti olp ti-� . =:::: ,_ , -- ,_ 36109 lf�t09 RIDGE